Montana's Two-Spirit Peoples Challenge State Law Definining Sex As Binary

[Carolyn Marie]

https://www.cnn.com/2023/12/04/us/montana-two-spirit-lawsuit-sex-binary-reaj/index.html

 

 

Carolyn Marie

[VickySGV]

Native Americans 6 to White People 2.  Let's hope the 2 remains the losing score.  At my first Trans Conference back in 2009, one of our conference sessions was on Native American Spirituality and how they accepted that there were more than the 2 genders in their lives, if not easily, then at least graciously.  The session leader was a Native American PHD in anthropology who taught at an eastern University.  I have also been on a spiritual retreat in 2014 that was structured along  Native American lines that took place in North Carolina, and had several participants and co-leaders who were Native American and felt the depth of their spiritual beliefs in a world where more than two genders were likely the real case.  I am glad to see the Deeply Held Religious Beliefs issue coming from the POV of the Native Americans into our legal system. 

[Heather Shay]

Thank you for the info. Watching "Little Bird:" on PBS and it shows that the pain placed on the Native Americans is still happening in so many ways. To our Native American friends, I am totally with you.

[KatieSC]

I read this article the other day. I am not familiar with all of the legal implications between the state, federal, and tribal governments. I was under the impression that the reservations did not have to follow state mandates. Again, I could be wrong. If the reservations are protected from the state legislation, I wonder if gender affirming care would be restricted on a reservation. 

[VickySGV]

52 minutes ago, KatieSC said:

If the reservations are protected from the state legislation, I wonder if gender affirming care would be restricted on a reservation. 

 

To drive motor vehicles on state roads that access the reservations the Native Americans still need a state driver's license subject to the state laws in regard to binary only / birth gender.  The same state roads argument would go for the medications and other things transported onto the reservation, and also for non-enrolled tribal people (non-Native American children and adults) going onto the reservation for the prohibited treatment.  Several states are pulling that on residents in regard to seeking another type of medically necessary treatment as well as Trans kids.  "Nefarious" does not begin to describe what they are attempting.  

[KatieSC]

It will be interesting to see if they can really restrict free travel and one's activities in another state. It is indeed, nefarious to deny healthcare to the transgender population regardless of age.

[Ivy]

9 hours ago, VickySGV said:

  I am glad to see the Deeply Held Religious Beliefs issue coming from the POV of the Native Americans into our legal system. 

They only support "Deeply Held Religious Beliefs" when it's their own "Deeply Held Religious Belief."  

I have my own Deeply Held Religious Belief that includes gender nonconforming people.  

"Government overreach" is only overreach when it is attempting to protect a minority in this case.  But then, you're not a "Real American" (and worthy of protection) even if you were born here and served the country.  It's really a matter of having the correct "Deeply Held Religious Beliefs" - that are the ones of course that the country was "founded on".

 

I hope the suit actually does some good.  

I am so tired of the daily assault of anti trans laws being passed - even by my own local representatives.  I used to think "it can't happen here."  But apparently it can, and very well might.

I used to avoid pink out of my internalized transphobia.  But I kinda like it now.  Maybe the pink triangle won't look so bad after all.

[KatieSC]

I keep having this battle in my head regarding getting panicked about all of the anti-trans rhetoric. I live in a fairly conservative area, and many of the folks I run into on an everyday basis do not have any clue I am a trans woman. There are some that do. On occasion, they will have a slip of the tongue with my pronouns, but they apologize and move on. There is nothing malicious. The anti-trans legislation is a byproduct of greed and need for superiority. I keep holding out that despite the legislative push by the Republicans, the average everyday person will come to their senses, and the anti-trans rhetoric will backfire. As for the seemingly unending siege by some of the media outlets to demonize us, I saw an article in the past day that explained the campaign against trans individuals. See this link: https://www.mediamatters.org/fox-nation/how-fox-news-turns-transgender-people-villains

 

I think the link will provide some clarity. In the meantime, all we can do is be our best selves. 

[Ivy]

14 minutes ago, KatieSC said:

I keep holding out that despite the legislative push by the Republicans, the average everyday person will come to their senses, and the anti-trans rhetoric will backfire.

TBH, in my daily public life, most folks are fine.  I know I don't pass well, but I'm seldom misgendered intentionally.  But I have notice a slight increase in the occasional dirty look.  I suspect that could be a result of the daily dose of hate in the media.  I will keep watching my back.

[awkward-yet-sweet]

I am very much in favor of keeping government off of my deeply held religious beliefs.  Good to see others trying the same, although it may not work.  To have a chance, we'd have seen other easier changes by now.  For example, my marriage could be legally recognized.🙄  I would think that its far less of a stretch for people to accept others' being married to multiple people than accepting the idea of multiple genders.  Some days I really think I drew the demographic short straw.

[Ivy]

3 hours ago, awkward-yet-sweet said:

I would think that its far less of a stretch for people to accept others' being married to multiple people than accepting the idea of multiple genders. 

Yeah, probably.  Polyamory isn't that big a stretch for most people to understand - whether they aprove of it or not.  Gender flexibility is another matter.  A lot of people's understanding stops at XX-XY.  Gender is much more nuanced.  It's not the same thing as sex.

[awkward-yet-sweet]

39 minutes ago, Ivy said:

Yeah, probably.  Polyamory isn't that big a stretch for most people to understand - whether they aprove of it or not.  Gender flexibility is another matter.  A lot of people's understanding stops at XX-XY.  Gender is much more nuanced.  It's not the same thing as sex.

I've kind of noticed that Western society in general isn't oriented toward understanding nuance.  Things are black or white, male or female, good or bad, Left or Right...

 

Heck, multi-partner relationships can be an example.  After all, if you're not monogamous, it must mean you get with anybody and everybody, right? 🙄  The idea of being faithful, but to more than one partner, just blows people's minds in Western nations.  And plural marriage has been practiced for pretty much all of recorded history in many societies.  So, I suppose it isn't surprising that people don't understand the differences between sex and gender, or the complexity of being biologically intersex.