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‘Because of sex’ approach to protecting trans people

Many analyses of Bostock decision missed the real history

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(Washington Blade file photo by Michael Key)

“Here, I thought, looking around me, is where it all changed, because I was still too young to understand that history is not simply made up of moments of triumph strung together like pearls. I didn’t know that large changes were made up of many small ones, and of moments of suffering and backsliding and incremental, selective progress; unnecessary sacrifices and the opportunistic, privileged and lucky walking forward over the vulnerable and the dead.” —Carmen Maria Machado

The road to LGBTQ equality has been long and winding, made up, legally, of two paths — sex (gender) stereotyping and “because of . . . sex.” Until the Bostock decision last month we had a quantum mechanical, “Schrödinger’s Cat” causal conundrum — would the decision be based on “sex” as written in Title VII of the 1964 Civil Rights Act, or “sex stereotyping” as developed in the landmark 1989 Price Waterhouse v. Hopkins Supreme Court decision? Many guessed it would be the former, “because of . . . Gorsuch” and his penchant for textualism, but that didn’t stop plaintiff Aimee Stephens’ lawyer, David Cole, from arguing with the latter. Turns out it was the former, but before I trace the social history of that path, I would like to point out a delicious irony.

It’s long been understood that the modern Supreme Court rarely leads, and usually follows, public opinion. That opinion is shaped by the people, and primarily by the people’s activist corps. In the case of the gay rights movement, the people universally known through the 1960s as homosexuals became known in the 70s as gay people. Why? Because the “sex” in “homosexual” directed one’s gaze to sex acts, which is still what most Americans conjure in their minds when they hear the word “sex.” And since many were repelled by the thought of gay sex, it became evident a different, de-sexed, label was necessary.

Similarly with the trans community, which had been universally known as the transsexual community through the 1980s, and which de-sexed “transsexual” to “transgender” in the ‘90s (the first national trans rights group, founded by Riki Wilchins and Denise Norris in 1993, was called “Transexual Menace,” and the second, was the “National Transgender Advocacy Coalition,” in 1999), and then finally just the single syllable “trans” in the aughts, to match the single syllable, “gay.” Language matters. Just as Americans viewed homosexual people through the lens of their sex acts, they viewed transsexual people the same way, often reduced to sex workers and homicidal maniacs (“Dallas Buyer’s Club,” 2013 and Hitchcock’s classic, “Psycho,” 1960).

So, today, gay and trans individuals have their employment rights, and soon full protections with the Equality Act next year, because of a return to the modern source of those rights, the Civil Rights Act of 1964, and “because of . . . sex.” Not gender, but sex, and, refreshingly so, but devoid of any implications of sexual activity. Justice Gorsuch, interestingly, returned to using the archaic term “homosexual” throughout his opinion, but did not revert to “transsexual,” and treated Ms. Stephens respectfully in his comments.

How did we get here? In the weeks following the decision many of the analyses of the decision missed the real history. That history is written by the victors, but it also very much matters which victors do the writing.

The path of “because of . . .” and “but for” sex began in the 60s, as Justice Gorsuch mentioned: Not long after the law’s passage, gay and transgender employees began filing Title VII complaints, so at least some people foresaw this potential application.

Trans persons won some lower court decisions in the ‘70s, before the religious and feminist backlash began in 1979 with Janice Raymond and then the Reaganites. Trans plaintiffs lost in the late ‘70s and ‘80s because transsexualism was not recognized as a form of sex (Holloway v. Arthur Andersen, 1977, Sommers v. Budget Marketing, 1982 and Ulane v. United Airlines, 1984). And then, in 1989, came Price Waterhouse v. Hopkins, and the landscape utterly changed for trans plaintiffs.

The first, and until Bostock, only SCOTUS decision (and victory) for a trans plaintiff occurred in 1994, in a unanimous Eighth Amendment decision written by Justice Souter on behalf of the plaintiff, a black trans woman, Dee Farmer. The next federal appeals court case, and the first in a string of victories leading to Bostock, was Smith v. City of Salem in 2004, won on both sex and sex stereotyping concerns, followed by another Sixth Circuit case, Barnes v. City of Cincinnati in 2005. Philecia Barnes was also a black trans woman and she won “because of sex.” The only hiccup in this long chain of victories was Etistty v. Utah Transit Authority in the 10th Circuit in 2007. This was followed in rapid succession by the blockbusters: Schroer v. Billington, 2008; Glenn v. Brumby, 2011; and Macy v. Holder, 2012.

It was the unanimous Macy decision at the EEOC, led by Commissioner Chai Feldblum, that protected trans persons in all 50 states, and cemented the “because of sex” approach to protecting trans persons. Professor Feldblum, a major author of the 1991 Americans with Disabilities Act (ADA), had been living in Takoma Park, Md., in Montgomery County in 2007-08 when I led the campaign for Basic Rights Montgomery to pass and defend the county gender identity law. That law generated the first bathroom bill backlash in the United States, and Professor Feldblum, who had been a believer in the doctrine that trans status was a function of sex and, therefore, covered by Title VII, was further encouraged to pursue it if she ever got her chance in the federal government to make it a reality. Presciently, these were her words 20 years ago: “But a strict textualist approach might work as well (or even better) for those seeking to achieve broad protection for gay people and transgender people. Under such an approach, the intent of the enacting Congress (or state legislature) is not as important as the words the legislature chose to use.”

It had been obvious to me, as well, as I had been teaching and lobbying for years on the medical basis of transsexualism being rooted in brain sex. Research begun in 1995 had been making that very plain. But few LGBTQ attorneys, with the notable exception of Katie Eyer, believed in the possibility of progressive textualism, even though the Constitution is the product of the Enlightenment.

So after being nominated by President Obama to the Equal Employment Opportunity Commission (EEOC) and confirmed by the Senate, Professor Feldblum looked for the right case and found it in Mia Macy. She then did the same for David Baldwin in the first national gay rights victory, Baldwin v. Foxx, in 2015.

Just looking at these cases it was clear that the federal courts (and some state courts as well) were beginning to respect trans persons enough, including black trans women, beginning in the ‘90s to not only not summarily throw them out of court, but to seriously apply the “because of sex” and sex stereotyping arguments to them. All that at a time when fewer than 8% of Americans (in a 2013 poll) admitted to knowing a trans person; when gay people, far better represented in the media and known in their communities, were routinely failing in federal court. Yet there have been post-Bostock analyses by highly respected civil rights lawyers that turn this history on its head. For example, Shannon Minter, the trans attorney for the National Center for Lesbian Rights (NCLR), said: “We’ve always known that our legal arguments are strong and should be accepted, but the reason it took decades for the courts to accept these arguments was because transgender people were so foreign to the courts.”

This is not the first time. After promoting the trans legal case “because of sex” for years, I tried to get the national LGBTQ, and particularly trans, organizations to recognize our success post-Macy. They would have none of it. The lawyers at HRC, the National LGBT Task Force, and even NCTE, the National Center for Transgender Equality on whose board I sat, refused to acknowledge the breakthroughs. To get the word out I had to publish a pamphlet, with attorney Jillian Weiss and activist Riki Wilchins, which was promoted by Masen Davis and the Transgender Law Center, the only nationally oriented trans group willing to get on board. We were also supported by Tico Almeida and Freedom to Work.

Fortunately, thousands of trans persons got the message, and filed claims with the EEOC. Many won, with most settling out of court because, you know, the law matters. Yet others have lived the past eight years in fear and anxiety because our institutions’ lawyers repeatedly said that we had no protections without a decision of the Supreme Court. I countered that it would take years, or might never happen because we were winning all our cases, and without a split at the appeals court level the Court might not even take up the issue. Fortunately for us today, SCOTUS rolled us into the Circuit split on the gay rights cases (Bostock and Zarda), and we pulled the gay community along to victory. No gays left behind. We had not lost a Circuit Appeals case since 2007, the only one in the 21st century, so I, for one, was not surprised.

People who are committing themselves to activism need to understand the history so as to most effectively pursue their goals in the future. LGBTQ folks need to understand the bureaucratic resistance within their own movements, from the most well-meaning people. It is, indeed, always a long and winding road to liberty and equality.

Dana Beyer is a longtime D.C.-based advocate for transgender equality.

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Africa

When home becomes a journey: migration, memory, and the African diaspora

People carry pieces of previous lives wherever they go

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(Photo by NASA)

Sometimes I wonder whether home is a place or a feeling.

I have lived in places where I never imagined I would stay. I have crossed borders I never expected to cross and spent years in refugee communities where people wake up each morning wondering what the future will bring. I have known Kakuma Refugee Camp in Kenya, spent time in Zambia and South Africa, and now live in Gorom Refugee Settlement in South Sudan.

So, when I think about migration, I don’t think first about passports, borders, statistics, or immigration offices.

I think about people.

I think about the mother who leaves everything behind because she wants her children to survive. I think about the young person crossing a border with little more than a phone, a few clothes, and memories of a life that may no longer exist. I think about the refugee who has spent years waiting for a durable solution and still doesn’t know where they will eventually call home.

Migration is often described simply as movement from one place to another. But sometimes it is much more than that.

It can mean leaving behind a version of yourself.

Africa has always been moving

Africa’s migration story did not begin with modern refugee camps or today’s international borders.

People have moved across this continent for generations. They have followed trade routes, searched for pasture and water, moved for marriage, education and employment, escaped conflict, and built new communities elsewhere.

Migration has always been part of African life.

Today, people move for many different reasons. Some flee war and political instability. Others escape persecution or discrimination. Some leave because they cannot find work or see a future for themselves. Others migrate to study, find employment, start businesses, join family members or simply seek new opportunities. There is an important distinction here.

Not every African migrant is a refugee.

A refugee is someone forced to leave because returning home is unsafe. An asylum seeker is someone seeking protection and waiting for a decision on their claim. Exile can mean living away from one’s homeland, sometimes unwillingly. The diaspora is broader still: it includes people of African origin living outside their country or continent, whether they left by choice or were forced to leave.

These words matter because behind each one is a human story.

When leaving is not a choice

I know what it means when leaving is no longer a choice.

Forced displacement takes something from you that is difficult to explain. You may still have your memories, your language and perhaps a few possessions, but the ordinary things that once made life predictable can disappear.

You begin again.

Sometimes you begin again in another country. Sometimes you begin again in a refugee camp.

My experiences in Kakuma taught me that displacement does not necessarily end when you cross a border and reach somewhere safer. The uncertainty can continue for years.

Now, in Gorom Refugee Settlement, I see that uncertainty in the lives of people around me. Mothers worry about food and the health of their children. Young people wonder whether they will return to education. Others wait for resettlement or another safe pathway while trying to build a life with very limited resources. There is a strange feeling in waiting.

You are physically present somewhere, but mentally you may still be traveling towards a future you cannot see.

U.S. Ambassador to South Sudan Michael Adler visits the Gorom Refugee Settlement on Oct. 25, 2023. (Photo courtesy of the U.S. Embassy in South Sudan)

What happens to identity?

One of the hardest questions migration raises is: Who am I when I am no longer where I came from?

A person can cross a border in a few hours. Identity doesn’t move that quickly.

You carry your accent.

You carry your food.

You carry your mother’s stories.

You carry songs you heard as a child.

You carry the names of people who may never know where you ended up.

You carry memories.

And sometimes you carry pain.

I have met people who have lived in several countries and can no longer give a simple answer when asked where they are from. They may have been born in one country, grown up in another, lived in a refugee settlement somewhere else and now dream of resettling in a fourth.

Does that make them less African?

I don’t think so.

Perhaps it makes their identity larger.

Carrying Africa across borders

The African diaspora is sometimes discussed as though it were simply a population scattered around the world. I see it differently.

People carry pieces of home wherever they go.

An African family living in Australia, Canada, Britain, the United States, or elsewhere may still cook the food they grew up eating. They may speak their mother tongue at home, send money to relatives, listen to African music, support community projects and remain closely connected to events thousands of miles away. Migration doesn’t necessarily erase belonging.

Sometimes it creates several belongings at once.

The diaspora also contributes enormously to communities back home. Remittances help families pay school fees, buy food, build houses, access healthcare and start businesses. Migrants also carry knowledge, professional experience, ideas and connections that can benefit communities across borders.

A person may leave Africa physically and still spend much of their life contributing to Africa.

That matters.

The price of being a migrant

But migration has another side.

Not every new country means a new beginning.

For some migrants, the journey leads to racism, xenophobia, exploitation, or discrimination. People can be judged because of their nationality, accent, skin color, immigration status or refugee identity.

Others discover that qualifications earned at home are not recognized. A professional becomes a cleaner. A teacher struggles to find work. A skilled worker is told to start again.

There is nothing wrong with honest work. The problem begins when someone’s dignity is reduced because they are a migrant.

For refugees, bureaucracy can become another form of suffering. A person can become a case number, waiting months or years for interviews, decisions, relocation opportunities, or family reunification.

But life doesn’t stop while the paperwork continues.

Children grow older, parents become sick, people lose loved ones, birthdays come and go and still the waiting continues.

I sometimes wonder whether the people making decisions about migration fully understand how heavy that waiting can become for someone sitting on the other side of the process.

Women, children, and LGBTQ refugees

Migration does not affect everyone in the same way.

Women often carry enormous responsibilities after displacement. They may become the main providers for their children while dealing with their own trauma and uncertainty.

Children experience displacement differently. They may not fully understand why they had to leave home, but they understand the absence of familiar faces, schools and routines.

Young people face another difficult question: how do you plan a future when you don’t know which country you will be living in?

For LGBTQ refugees, the journey can be even more complicated. Some leave because the place where they were born no longer feels safe for them. They may have experienced rejection, threats, violence or discrimination before they ever reached a refugee settlement.

And yet, even in such circumstances, people create community.

In Gorom, LGBTQ refugees and asylum seekers come from different African countries and backgrounds. We don’t always agree on everything. But we understand something important: when the world has already made you feel unwanted, having people around you who understand your experience can mean everything.

Community can become another form of home.

Should borders decide our worth?

I understand why countries have borders. Countries have laws and responsibilities.

But I sometimes ask myself a simpler question: Should crossing a border change the value of a human life?

A child doesn’t become less deserving of food because they were born on the other side of a political boundary.

A mother doesn’t become less worthy of safety because she crossed without the right document.

A refugee doesn’t stop being a human being while waiting for an immigration decision.

From a Humanist perspective, this seems straightforward to me. Human dignity should not depend on nationality.

We can have immigration systems and still treat migrants with compassion.

We can protect borders without forgetting that the people standing behind those borders are human beings.

We can disagree about migration policy without dehumanizing migrants.

That balance isn’t easy. But perhaps that is exactly why we need more humanity in conversations about migration.

What does home mean now?

I have asked myself this question many times: Where is home?

Is it where I was born?

Where I first felt safe?

Where my memories live?

Or perhaps home isn’t always a geographical location.

Maybe home can be the people who stand beside you.

Maybe it is the language you speak when you are emotional.

Maybe it is the smell of food that takes you back to childhood.

Maybe, after so much has been taken away, home becomes something you slowly rebuild.

My birthday falls on Sept. 12. Birthdays usually invite us to think about another year of life. But for someone who has experienced displacement, another birthday can mean something deeper.

It means I made it through another year.

I am still here.

And I think about the many refugees who don’t know whether they will be safe long enough to celebrate their next birthday. I think about children growing up in camps who deserve to celebrate their birthdays in a home they can call their own.

That thought stays with me.

We are more than where we come from

Migration has taught me that people cannot be reduced to the countries printed on their passports.

We are our memories, our relationships, our struggles, our dreams, and our choices.

Africa’s diaspora is not simply a story of people leaving Africa. It is also a story of people carrying Africa with them.

And the refugee experience is not simply a story of loss. It is also a story of survival.

I don’t know where my own journey will eventually take me. Perhaps that is one of the things migration teaches us: we can make plans, but life sometimes writes a different story.

What I do know is that every person deserves the chance to live without fear, to love without persecution, to work with dignity, to raise children safely and to imagine a future.

Borders may separate countries.

They should never separate us from our humanity.

If migration has taught me anything, it is that home is not always the place we left behind. Sometimes home is the safe place we are still searching for.

And sometimes, while searching, we become one another’s home.

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Why we need to protect ‘sacrilegious’ art

Australia sets dangerous precedent for classifying LGBTQ works as offensive

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(Photo by sqback/Bigstock)

On July 8, Divine Playhouse opened inside a deconsecrated 158-year-old former church on Kent Street in Sydney, Australia. Although the organizers had a permit and received a $100,000 grant from Create NSW to host events in the previously unused space for a whole year, the organizers were forced to shut down after just three days of operations after receiving a tenant breach notice about “offensive trade” under the 1919 Conveyancing Act.

A day after the Divine Playhouse opened, Redevelop, the company leasing out the church (that was deconsecrated almost a century ago) to Heaps Gay Events cited a clause in their contract that prohibits tenants from noisy business. The clause didn’t include any note about political or religious imagery, but even so, Redevelop wrote that Divine Playhouse “insulted and mocked the sincerely held religious beliefs of millions of Christian Australians.”

On opening night, members of conservative Christian and Catholic groups including Fit for the Kingdom and Prodigal Sons protested (without proper authorization) the live music, cabaret shows, and performances they argued mocked the Christian faith. Protesters called drag queens dressed as nuns (the legitimate vestments of the Sisters of Perpetual Indulgence) and events like the Sunday Mess, a brunch party that incorporated religious imagery, “equivalent to hate speech” according to the Redevelop landlords and their lawyers. 

But as reports show, the organizers were aware of concerns from the nearby Christian community and made changes in good faith to address those concerns before opening, including changing the name from Unholy Playhouse to Divine Playhouse. Organizers intentionally changed the name in order to make it more inclusive, rejecting the idea that they were mocking religious beliefs in their performances.

But this has not swayed members of conservative Christian groups who, on opening night, shouted at attendees that they “should be ashamed” and were “disgusting.” Redevelop gave the organizers two days to cease operations. As The Guardian reported, volunteers and organizers took down signage and painted over a mural that had all been commissioned for the year-round residency.

While the organizers initially explored whether they could sue for discrimination against LGBTQ+ individuals, the organizers decided to cancel all upcoming events and close the space to protect performers, as protesters filmed people entering and leaving the event without their consent on opening night. Along with facing a breach of contract, Meta also shut down all of Divine Playhouse’s social media accounts, along with personal accounts and LGBTQ+ community accounts. This is an increasingly common problem for queer content creators. 

Now, the LGBTQ+ community is in a justified uproar, and conservative Christians in Australia and beyond are furious about what they are calling “offensive art.” The lease violation sets a dangerous precedent for classifying LGBTQ+ art as offensive, which could lead to laws or local restrictions that could be used by developers to discriminate against people who they deem “offensive,” i.e. LGBTQ+ individuals and organizations. This already exists in the United States, where racial covenants enforcing segregation remain on the books.

As theater lecturer Charlotte Farrell wrote, there is a long history of art and performance in church spaces, but Farrell largely cites art in more progressive Christian spaces as opposed to Catholic ones. Queer art in Catholic spaces (including operational and consecrated Catholic churches) do exist, including God is Trans: A Queer Spiritual Journey hosted by the Church of St. Paul the Apostle in New York City in 2023 (although this show also generated controversy). 

With the risk of empowering conservatives to lobby for laws or restrictions that would allow them to deny renting to “offensive” people or on the grounds that a person’s art is “offensive,” I argue further that there is an urgent need to call out what this situation was–the explicit attempt to equate queer art that challenges religious institutions, trauma, and abuse as inherently “offensive” and to use this to deny an artist and community’s right to exist in a space. 

Art has historically been a vital way not just to evangelize but also to challenge religious institutions that use their power and influence to not just isolate and abuse LGBTQ+ people and other marginalized communities but to systematically oppose their rights. Take for example Sinead O’Connor’s protest performance on the October 3, 1992 episode of Saturday Night Live. O’Connor, who had experienced severe institutional confinement in a Magdalene Laundry run by the church and had experienced intense physical and emotional abuse by her devout mother, tore up a photo of Pope John Paul II. 

While she originally planned to hold up a photo of a refugee child, she swapped it with a photo of the pope after singing an a cappella version of Bob’s Marley’s “War” where she changed the lyric to “child abuse.” She looked at the camera and said “fight the real enemy” before throwing the pieces to the ground. At the time, the Irish singer faced intense backlash and a lifetime ban from SNL, but as more information came out about her time in the Laundry, her mother’s emotional abuse, and systemic sexual abuse and people attempting to cover it up in the Catholic Church, people today recognize her protest as the start of a vital conversation.

For some people, O’Connor became a secular saint, a prophet exposing systemic sexual abuse before people were willing to confront the lived experiences that survivors were sharing and religious leaders were covering up. Dr. Margaret Kennedy, founder of Ministry and Clergy Sexual Abuse Survivors and author of “The Courage to Tell,” wrote for Premier Christianity that “when she tore apart a picture of the Pope on Saturday Night Live in 1992, she was preaching.” 

Is O’Connor’s religious liberty to preach through this act of protest not equal to that of her critics? Did O’Connor, like anyone at the Divine Playhouse, threaten any religious person? 

No, they made a statement about religious institutions and people that continue to abuse people. If that can be targeted so can any other form of protest or acts of resistance that threaten systems of power.

Protest art like O’Connor’s is at the bedrock of human rights in any democratic country. When people stop creating art or move out of spaces out of fear of precipitating anti-LGBTQ+ violence, or are forced out because of claims of lease violations, the whole society loses a vital way to challenge and confront abuse and exploitation. There is a need not just to legally protect people creating protest art but also protest artists themselves so that their work cannot be censored or attacked on the grounds of religious liberty. 

To be clear, protecting people’s rights to create protest art is not the same as allowing people to insult or desecrate the imagery of marginalized faiths that face persecution and misrepresentation in the United States today. It’s also not a license for anti-religious bigotry or violence that hurts anyone. Instead, the protection of protest art is a protection of the right to protest itself, the right to challenge and grapple with institutional abuse and religious trauma in ways that cause no one physical harm. 

As James Thorpe, co-chair of the Night Time Industries Associates, explained to The Guardian, “Christians have a right to preach, protest and stand outside Divine Playhouse and pray. Queer artists have the right to make art that is confronting, irreverent, and yes, offensive.” Thorpe says that LGBTQ+ artists and communities, and all marginalized groups, have a fundamental right to create art that unsettles people, that challenges social systems that prioritize and sacralize a cisgender, heterosexual norm intrinsically connected to Christian nationalism. 

Because in a society where Christian nationalism is fast becoming mainstream, protest art, sacrilegious art is the only language that far right religious groups understand. At the heart of the issue is civility politics, or a strategy used by conservative and far right groups to argue that marginalized communities censor their protests and calls for change to be “respectful.” What respectful is and who deems it respectful is deeply subjective, often the creation of a dominant social group like Christians in the United States. 

If far-right forces want to call LGBTQ+ protest art like that at the Divine Playhouse “offensive” or “sacrilegious” so be it. Yes, calling our art, our identities, “offensive” is a form of bigotry, a practice of hate. It reminds many of us raised in high control religious spaces that we are outsiders to the very religious systems that raised us and cultivates the same shame, guilt, and abuse that caused many of us to leave or explore affirming religious or spiritual traditions. 

But calling art “offensive” doesn’t change or invalidate the fact that it is a fundamental exercise of our right to free speech, and our fundamental human right to create art that unsettles and upsets people in positions of power. It also doesn’t change the fact that for many of us, creating protest art is a spiritual practice, a form of sacred resistance that helps us challenge systems that have long abused us through purity culture, conversion therapy, and cultures of shame. 

Protecting the right to create protest art isn’t just enshrining our right to free speech but for many of us, our right to practice a spiritual act of resistance. And in a time where LGBTQ+ identity, people, and bodies are deemed “offensive. Because at its core, this isn’t just an issue about art anymore, it’s about protecting our right to exist in public spaces and our right to create safe spaces for ourselves. 


Emma Cieslik is a D.C.-based museum worker and public historian.

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Not all trans people are the same

Media, activists need to do more to challenge stereotypes

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A participant in the World Pride March in Amsterdam on Aug. 8, 2026, holds a sign in support of the rights of transgender youth. The media and activists themselves need to do more to help counter harmful stereotypes against the trans community. (Washington Blade photo by Michael Key)

It’s interesting how the mainstream media, especially the conservative part of it, likes to write about transgender subculture when they should speak up about trans people.

How often do you see mentions of blue or purple hair, Marxism, specific clothing styles and ecology when you see a mention of a trans person?

It happens more often than it should. It looks like the mainstream media, even the ones that don’t demonise us, sincerely believe that being trans means sharing a whole bunch of characteristics that have nothing to do with having a gender identity different from the one that was assigned at birth.

Here are four reasons why it may create problems, and what to do about them.

1. A subculture idea

The assumption that being trans is part of a subculture creates a very specific kind of discrimination, because the mainstream audience who read those stories sincerely believes that being trans is a personal choice or a trend in the same way as being a K-pop fan, a goth, or a metalhead. It basically means that being trans is nothing more than a trend, and trends, as we all know, can change. People who believe in this idea are more likely to speak about “gender ideology” and “propaganda trends” and less likely to listen to scientists and studies around trans issues, or to different experiences of what it means to be trans.

Even if trans people made a choice to be trans, they shouldn’t be discriminated against. In a democratic, free country, no one should be punished for choosing what to do with their body. And hate for subcultures is a real thing that leads to violence. But the problem is that, despite there being a trans subculture, most trans people are statistically not part of it. But where are they in activism?

2. Misleading about goals

Let’s be honest. We are partly to blame for this stereotype. And before you stop reading, let’s just think about the topics most people discuss before the average protest or radical Pride event. Or let’s imagine trans-friendly events. They are mostly leftist, and people at these events share the exact same interests, hobbies, and political positions.

At my last protest about the new draconian Equality and Human Rights Commission guidelines in the U.K. that say trans people can only use public places according to the sex assigned to them at birth, we were speaking about anything else. For example, some speeches were about abolishing “bourgeois democracy,” speaking up for socialist revolution, and saying some other things I definitely couldn’t support.

I’m not against socialism, but I’m against the idea that all trans people are socialists. That is inherently misleading, at best, and harmful, at worst. I support universal basic income and free healthcare, but not revolution or Marxist reform. If I were a cis person who generally supported trans rights but knew too well about the Russian Revolution of 1917 and how it ended for indigenous people and queer people, if I were a bystander, I wouldn’t stop at a protest like that. I probably wouldn’t even believe that the situation is as bad as they are saying.

There is nothing bad about inviting a socialist speaker. The problem begins when all trans events become socialist events. Those protests don’t look like protests for trans rights – they look like protests for socialist revolution or just like a rebel teens gathering.

3. Self-fulfilling prophecy

At the protest I mentioned and at other similar protests, including the ones from the U.S. I saw online, there weren’t a lot of “traditionally” trans people — the ones you may have been able to see in old TV programs about trans experiences, where trans people were presented to be more gender-conforming.

Most activists are young, white, poor but not extremely poor, citizens of the country where they are living, gender-non-conforming, leftist, and non-religious. They like trans horror, drag queen shows, drawing and reading MfM romantasy. And despite the fact that I just finished writing my own trans horror novel, I wonder — where are the other trans people? With different hobbies and lifestyles?

Where are all those “traditional” trans women from old TV shows who like make-up and want to give birth to kids if only it was possible, and trans men who like to spend their time drinking beer in pubs and going to the gym with their bros? I think we need them more than we think. They may give new ideas and perspectives. And they need us. 

Why don’t we see them? Why do we see so few trans refugees who came from Middle Eastern, Asian, and African countries? May they be triggered by the world then because the U.S. had the worst dictatorship on the planet, or that the U.K. is a fascist country when they saw something worse than the British government or even MAGA? For some trans person who survived Bashar al-Assad in the Syrian government or fled Eastern Turkestan, such slogans would feel like gaslighting — and I knew because I met many refugees.

Why, finally, do so many trans activists have similar clothing styles, similar interests, and similar experiences?

Because it’s a self-fulfilling prophecy. When trans activists create this kind of culture, they accidentally gatekeep all other trans people who may feel less comfortable within a subculture that has its own rules, style, and ideology, even if none of those things have anything to do with being trans.

4. Media misrepresentation

When the media — conservative and not very conservative — sees the same thing, it doesn’t matter if we are speaking about a trans man who is traditionally masculine and wants a traditional family, or if we are speaking about soft, nice gay boys who happen to promote socialist revolution like many modern stereotypical trans activists. It is equally misleading.

I hate the idea that we need to pretend to be more convenient and normal in order to be accepted by society, because society has never worked that way. But pretending to be accepted by the community is no better.

Trans people are different — and sometimes problematic — and despite the core of activist trans culture, we can have some distinctions when we speak with the media. We should never try to tell people that all trans people are similar.

Now, when trans rights are under attack, it is more important than ever to show that all trans people are just people. We are different, like everyone else. We have our rights, even if we are wrong. Even if we are ugly. Or struggle with inner transphobia. Or some of us internalise traditional roles, or; the opposite, too weird for any culture and subculture. We can make mistakes. But we are not a political party or a monolithic group. Being trans is not a lifestyle, because we have different lifestyles. 

Trans kids need to see that they can be whoever they are and still be true, real trans people. And the media should always be questioned when they try to push all trans people into the frame of a subculture.

But to do so, we need to look at our activism and at the representation we are creating.

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