Lagayascienza wrote: ↑January 11th, 2025, 2:04 am
I suspect you are referring to sensationalist reports in the rabid-right media. Can you point us to reliable reports of people saying that misgendering should be regarded as a hate crime. It may have happened elsewhere but I've not heard of this in my own country.
If people are calling for such a thing then I think they are nuts. There is no way I'll be calling a deep-voiced bearded bloke in a frock a woman. Post-op transexuals who look, act and live as a women I have no problem calling a women or using the pronouns she and her in relation to them.
Any attempt to legislate to make misgendering a hate crime is unlikely to ever be passed in any parliament I can think of. It's not something we should be concerned about.
I don't think there has been specific legislation on misgendering itself (that I am aware of). I think it is a question of how the laws that protect trans people against "vilification" (or hate crimes in other words) are to be interpreted. In Australia, you can see the 'transgender vilification' amendment to original Anti Discrimination act (of 1977) on the New South Wales government web site: "Transgender vilification is against the law. It is a public act that could incite hatred, serious contempt or severe ridicule towards people who are transgender." The question is, should misgendering count as "severe ridicule"?
I know in the UK people have had non hate crime incidents recorded against them for misgendering people in public social media posts. A Christian preacher was arrested and given a 12 month community order after calling a trans woman a man (although the sentence was later quashed on appeal).
In July 2022 a petition was lodged for the UK government to: "Make deliberately misgendering someone a hate crime." The petition was eventually rejected because: "The act of deliberating mis-gendering someone is already a hate crime, if a court determines that this act demonstrated hostility based on that person's transgender identity, or that it was motivated by hostility based on their transgender identity." (this can all be seen on the UK government website).
I know it's all changed now but trans activists celebrated five years ago when "misgendering" and "deadnaming" to its hateful conduct policy which resulted in a number of feminists having their accounts closed.
So while the laws aren't explicit, it is not some distant prospect that we needn't even concern ourselves with. We need to guard against over zealous interpretation of the anti-discrimination laws.