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I do not authorize psychological nor psychiatric formulations, interpretations nor diagnosis, etc. I am no lawyer and this no legal advice nor advice of any kind.
A reply to a Note from:
Rey Resendez
12h
🩵 Trans men are men.
🩷 Trans women are women.
💜 Nonbinary people are real.
Your discomfort with someone’s identity doesn’t invalidate their existence.
My Reply:
Not legally, unfortunately.
Legal definitions belong to the imaginary not to the real, they do not fulfill the criterion of independent existence of ”belief” that all things real must have to be considered real. The Word Belief in such definition of the criterion is an equivocation, knowledge may be more apt. Thinking is perhaps even more apt. What we stop thinking about reality does not make it disappear.
Homosexuality is, but as a crime, now it does not exist except in some Countries/Jurisdictions, as an example that the Law does not deal with real things in their interpretations as mere Law.
The Law was created and is used to settle disputes between opposing parties based on opinions and facts, not on Beliefs. Latter it became the Law of the land, to create an Order, a Legal Order for people to live next to one another with the minimum of disputes to settle Legally.
I am leaving Rights and Obligations aside.
Nonbinary people are real, but it does not mean they are really nonbinary. That they in Reality are nonbinary.
That sounds to me a Synecdoche, at least.
The pair of words “Trans men” and “trans women” do not belong to reality, belong to the legal world, and they do so to have legal effects: to settle disputes, to be the law of the land. The pair of words “are men” and “are women” as used looks superficially as a Straw Person fallacy: arguing for some part ignoring the rest of the argument, ignoring the rest of important, sometimes crucial things to consider when arguing about them.
The ignored part is the law and the biology of “are men” and “are women”.
There is no biological evidence beyond doubt trans anything is Biological but Social, and as Such not part of Reality, and therefore not Part of Science. Social, all things Social belong to the Humanities, not to the Sciences.
The Law cannot accept Belief to rule on, to settle disputes, to create a Legal Order. One solid principle of Legal interpretation is Rationality. Beliefs are not rational things at least in the sense they can´t be used in arguments, they cannot be used in syllogisms.
One does not need to feel comfortable or uncomfortable to say something is not real, at least legally speaking. Admitting I am no lawyer and I am not giving legal advice. Therefore it sounds a non sequitur.
The Law requires FACTS, legal facts at that.
A fact is something, a statement beyond doubt.
If the law defines men and women such and such, that is a legal fact.
That does not mean that as mere belief your 3 statements are not true in the hermeneutical, humane, social and interpretative sense of the word true.
As mere Beliefs are beyond Opinions and Facts, are immune to Opinions and Facts. Beliefs cannot be attacked, cannot be proven nor disproven, no matter how prevalent the erroneous contrary belief IS.
But that does not mean everyone else can or should accept any belief as their own, let alone proceed as if it were Real or as imposed irrationally. Specially in Law where we all stand equally before it.
And suspiciously with appeals to emotions and fallacies in the phrase:
“Your discomfort with someone’s identity doesn’t invalidate their existence.”
Discomfort: non sequitur.
Someone´s identity: Synecdoche and Straw Person Fallacy. As applied to Trans anything.
Invalidate their existence: Ignoring, even showing spite for the Science of Biology and Legal Facts. Proceeding to argue from false premises.
Validity comes from validus, something to stand on by way of validité and/or validitatem, or directly from Latin as having legal force, from which the word Valid comes from: validus.
Valid means sufficiently supported by facts, legally binding, etc.
Thanks.
Federico Soto del Alba.