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When Captain Vancouver sailed this coast he called what he saw the dreary wilderness, broken up only by the numerous towns and villages of people who had lived here since time immemorial. But here, the south island, with its Garry oaks and camus fields was beautiful and different and he marked so on his maps. The beauty of these lands and seas remains today, as does the unbroken relationship with them by the people who lived here before us. Co-op members acknowledge the territories of the different First Nations across BC where we live, work and play. We are centered in Southern Vancouver Island and we thank the Coast Salish peoples for their hospitality. We acknowledge the determination of genocide by the MMIWG commission. We acknowledge that we failed in our duties to protect our neighbors from predators, and that the Highway of Tears is part of our community. We acknowledge that as British Columbians, we are responsible for the just resolution of the largest un-treatied land area in North America, a duty long neglected. We are treaty peoples, and we choose daily whether we live here by agreement or occupation. We, the people who produce this magazine, choose the path of mutual respect that leads to all persons co-existing sideby-side, in agreement. We choose to live as guests who respect the hospitality shown us.
XQQ welcomes submissions from community members anywhere. XQQ is produced by Leilani Jonas—Editor in Chief ChrŸs Tei—Production Issa Mistake—Proofing CONTRIBUTORS IN THIS ISSUE ChrŸs Tei—Ramblings Zoe Joslin—Transcription Corey Keith—Pride Insert 0_CHI Team—News Trans Need Pepper & Pearl—Pepper & Pearl
Editor’s note—Letters
News Trans Need XQ Interview Victoria Pride Festival Guide Ramblings of an Uppity Queer Rainbow Resources Stars r’ Ours Pepper and Pearl
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Editor’s For those readers of XQQ who have had the opportunity to read some of our back issues, you may have noticed that there has often been a central theme governing the thread of articles, news stories, and other content. Yes, this has been purposeful but not always from the same starting position. There have been times where we’ve sat down with a specific idea (like Pride or TDOR) and everything emanated outward from that point. Then, there were other issues (like Candlemas) where things came together, we looked at them and said: “Aha! Let’s connect the dots to bring out the central theme.”
polar model of extremes seems to be dominating global news headlines these days, with very little in the happy middle where we would prefer to spend most of our time.
Without getting into a ton of detail, our neighbours to the south continue to perpetuate shake my head moments with insane legislation, court cases, news stories, and influencers saying outrageous things in an effort to satiate an increasingly jaded social media audience who don’t even get out of bed unless they’re sufficiently shocked or outraged to do so. We have election races all around the world where political party platforms and campaign promises range The underlying theme for this iseverywhere from killing off the sue (that you won’t likely see stat- homosexuals to ensuring equitable aced explicitly other than here in the Edicess to health for all, including trans tor’s note) is Love & Hate. If you people. Never has the stark conjust raised an eyebrow, maybe it’s betrast between love and hate been cause your editor, being of nonso up-front and in-your-face. binary gender, doesn’t have a particular In our own province, BC has seen like for (or need of) binary sysone of the most visible and spotems in general. Or perhaps it’s ken-about trans activists finally that we tend to prefer dwelling on see a modicum of justice in her the former while minimizing the impact favour, while an M.I.A. health minister of the latter. Like it or not, this refuses to engage with the trans community to answer even the most basic of questions about why people are being refused essential services under his watch. (Edit: since I wrote this, we have actually received some communication from the minister; 4
Note
more info will follow). What’s funny though, is that while everyone is keen to call themselves an ally to the LGBTQ+ community, when it comes to actually doing something to demonstrate it, there are only tumbleweeds and crickets. With that kind of “love,” who needs hate? Fortunately, it’s not all a Greek tragedy. We refuse being chained to a rock while an eagle pecks out our liver daily, only to have it regenerate tomorrow and continue the torture. That is why we started XQQ and the Rainbow Health Cooperative. It is our mission to snap that little bastard’s neck and break the chains that bind us. One of the small ways that we show that love is stronger than hate is in the content of this magazine. You may notice a few more ads this issue, representing a cross section of businesses, individuals, and organizations who are committed to being inclusive, affirming, and supportive of the rainbow community. I would encourage everyone to support (and continue to support) those who are committed to love and who have made a conscious decision to govern their work by those principles. With that, we hope you enjoy the issue and remember to tell everyone you know about us! Since this is our Pride issue, make sure you check out our Trans Guide to Pride and other great special features that we can’t wait to share with you! Also, please remember to follow us on social media! XQQ has a Facebook page and Twitter feed, where you’ll find regular updates and news that we couldn’t possibly fit into a single issue.
Letters to Editor The letters here are the opinions of the writer and do not reflect any position of this newspaper. To the Editor, Dear person, (Or whatever you use) I was peacefully resting in my grave but current events simply were too much and I have been provoked to write you. Mind you, it took a lot to disturb my slumbers. I made it through World War II, (not much irony there), nearly got up with the boomers in the late 60’s, and I only twitched when Alanis snitched my mojo.
It seems that his main message is that he made a huge mistake regarding his identity and holds others responsible for being led astray in the belief that there is a cure for being trans. (hint, there isn’t)
So to add it all up, the Christian right is promoting a gender diverse person, who fully represents all of the complexity of gender in their own self, to speak against a program that promotes acceptance of gender diverse people and aims to provide resources to youth struggling with the complexities of their own But the Jen Smith thing is simply too much. I could identities. Honestly, why protest his presence, he is have slept through his antics except for a few concurwalking proof of the need for the program. rent events. I could have left well enough alone regarding Jen, Let me make sure I have it straight. He is a surgically except for the University of BC insisting on the right altered male who maintains female gender presentaof this confused person to demonstrate his confusion. tion in public. He has become the spokesperson for What has the world come to when an institution which the anti-SOGI 123 faction and protected by white suregards itself as the province’s pre-eminent bastion premists at his speaking engagements. I really only of critical thinking fails to use any of these skills in have one question, ’Which restroom does he use determining to whom they grant the grace of publiciwhen he travels? The men’s? The women’s? Or does ty. Now that is an absurdity worth the time and effort he rely on a gender inclusive restroom app to make to savour. Now I am too am woke. sure there is one available before booking the venue? Sincerely, Franz Kafka
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News Trans Need VICTORIA – Hundreds of protesters gathered in front of Windsor Park Pavilion in Oak Bay, after it had been learned by the community that Jenn Smith (he/him/his), a staunch opponent of SOGI 123, was scheduled to speak. Smith, who was sponsored by a religious group to go on a speaking tour of Vancouver Island, made his final stop in Oak Bay, after already having spoken in Duncan, Nanaimo, and Campbell River. While protesters showed up en masse for all four venues, the large group that made its way to the Oak Bay venue attracted significant attention from local news me-
dia as well as community leaders, politicians, and city council members. The title of Smith’s talk was “The Erosion of Freedom: How transgender politics in school and society is undermining our freedom and harming our women and children.”
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way inside as well, in order to be in attendance for the anticipated event. Attempts to convince the city of Oak Bay to cancel the lecture were unsuccessful, with mayor Kevin Murdoch, citing the lack of legal reason to do so. He did however issue the following statement. “I believe we need to stand up and confirm that our society is an accepting and welcoming society for all.” The mayor’s office went on to organize an event in support of the LGBTQ+ community as well, to be held in another Oak Bay park, however the largest numbers pre-
sent were at Windsor Park to protest Jenn Smith’s talk more directly.
While there were also some city counselors from neighbouring Victoria present as a show of solidarity with the LGBTQ+ community, speeches were given by Ryan Painter, the protest’s organizer, Even an hour before the scheduled Randall Garrison (MP for Saanich, talk, community members had alEsquimalt, Sooke), and Morgane ready begun to congregate both in Oger, a transgender activist and front of the venue and made their founder of the Morgane Oger
News Trans Need Foundation. Inside the venue, would-be attendees to Smith’s talk were outnumbered by protesters, and despite threats from Smith’s handler, representing the Canadian Christian Lobby, his security detail, consisting of several members of white supremacist group, Soldiers of Odin, and undercover Oak Bay Police officers, the protesters inside the venue successfully disrupted the lecture to the point that it had to be cancelled.
safety. Police Chief Andy Brinton said, “As the evening unfolded it became clear that due to the significant number of people present and the manner they were addressing each other it would not be possible to ensure that continued public safety be maintained.” No arrests were made and all parties left peacefully.
SOGI 123 (Sexual Orientation Gender Identity) is a method of teaching that recognizes and protects A number of Indigenous women students of all gender identities stood in front of the lectern, sing- and sexual orientations from buling the Warrior Womens’ Song, as lying and stresses diversity and LGBTQ+ protesters yelled, jeered, acceptance in public schools. It and used noisemakers whenever includes resources such as model Smith or one of her team attempt- lesson plans and discussion topics ed to speak. Several minor physi- that are appropriate for different cal altercations broke out beages and while it is not a curricutween protesters and undercover lum, it is meant to be incorporated police officers as well as Smith’s into the existing school curriculum. security guards. At one point, It was created by the ARC Founsomeone pulled the fire alarm, dation in cooperation with the B.C. which further drowned out any Ministry of Education, the B.C. hope of anybody being heard. Teachers’ Federation, and other Shortly after, uniformed Oak Bay community groups. Since its Police officers showed up and rollout in 2016, SOGI 123 has beended the event for fear of public come a part of public schools
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across the province and continues to be taught with broad support from communities, educators and students, although a few remnant opposition groups still exist.
Although, this article focuses on
the experiences of Trans women, this is an article that most if not all of us who are part of the transgender and non-binary communities can relate to. We can feel so under attack collectively we lose sight that the trans, Two-Spirit, nonbinary community is one of cross section and intersectionality and the burden is carried unevenly.
Link to Original Article
News Trans Need A recent re-read of Dune lately reminded me that in their world they had banned all thinking machines. Doesn’t seem likely any of us will give up our techno toys any time soon.
We have been clipping articles lately on the connection between technology and gender— or rather the concerns of how the bias of the dominant cis-normative social structure appears in the technology we use every day.
We might see Alexa et al as a consumer frill to enhance higher levels of consumption, which it obviously is, but as natural language becomes the primary interface to the machine based information systems that surround us, tabletop AI is much more.
One of the systemic changes we are working toward in the 0_CHI project is to change how society sees (our) the trans, Two-Spirit, nonbinary community. At best we are viewed as an exotic part of It is no accident that on-line assisthe species, at worst a deviation tants have what is considered that must be stamped out wherfeminine voices. They are typically ever we appear. We need to be programmed by white hetero/cis the ones to establish system-wide, normative males. What is more modern gender models that inconcerning are responses to decludes functional descriptions of meaning questions they consider ourselves, and the condition we as appropriate. Responses to experience. questions no person would likely There has been skepticism about ask an actual woman. The gendering of table-top AI is incredibly the introduction of table top AI into the team, but defining a new problematic, as is what is being gender model needs to be based done with interactive robots. in the environment it is occurring The de-sensitizing of people in. With eyes wide open of the prothrough the ubiquitous distribution found impact on the role of genof porn is another instance of der. Let's ask Lynn Conway what where our lizard brains with their she thinks. four million year old programs are Link to Original Article running up against forces that are fully woven into the fabric of today’s life, but have only been with us for years, not eons. We have no idea of where we are going. 8
Here is a different concern regarding tech and gender. This is a reflection on how gender is used as a classification element in facial recognition software and can result where someone is tagged as non-conforming during security screens. Even though their ID matches their gender, the software is using different criteria to determine who is what, and may cause community members to experience additional scrutiny. Link to Original Article
The cis-normative world seems so lacking of any sense of identity (except for the weekly outrage of the tabloid press) they feel the pressing need to co-opt others. Cultural (mis) appropriation takes on a whole new meaning with the trend of the moment of ‘straight prides’. Link to Original Article
News Trans Need The BC government announced a ten year plan to improve mental health services in the province. As ever, addictions are included with no mention of gender wellness, demonstrating again that the system is a bottom line system that is focused on social impact rather than social wellness. The plan is called A Pathway to VICTORIA – Fairfield United Hope and with services for chilChurch, known for its longdren, teens and young adults. standing inclusive and affirming position for LGBTQ+ Christians, celebrated a first on June 9. Leilani Jonas, XQQ’s own editor-inchief and a member of this congregation of several years, marked a change of name. Over 50 people attended the ceremony, with several XQQ staffers and Jonas’s family members in attendance
While ceremonies marking a name change are not new even in the Christian tradition, the United Church of Canada does not have an official rite. Inspired by a ceremony used in the Memorial Congregational Church in Sudbury, Massachusetts, a new rite was created that could be used for anyone wishing to mark a name-changing milestone with the community and within their faith tradition. Jonas also shared a homily explaining the reasons and background for her choice, which XQQ is pleased to provide in a modified format here. 9
Priority actions over the next three years include: $10 million in grants to nonprofit organizations to provide low- or no-cost psychotherapy. A new program of integrated child and youth teams in several school districts. Eight more Foundry youth centres. Supporting the construction of two new First Nations urban treatment centres and renovations to existing centres. Link to Original article
News Trans Need We are pleased to share that after years of persistence by many community members working together, the BC Ministry of Health has announced that as of April 1, 2019, they have added unique billing codes for transition related surgeries, specifically for feminizing top surgery. We want to caution all community members that while we believe that this will resolve any denials for feminizing top surgeries (except medical readiness), we have been told before the issue was resolved to find out it wasn’t. We ask any person denied access to transition related surgery in BC for any reason to contact us.
from this experience. First, that at $20 billion per year, our healthcare system is the largest and most complex organization in our province. It represents over 40% of the overall provincial budget. Change is possible, but it takes time, persistence and the work of allies from all communities.
Second, the exceptional process trans people who feminize were subjected to by the BC government to access surgeries is only one example of the pervasiveness of trans misogyny, itself fueled by discrimination against women of all types. Transwomen are the most frequent targets of social discrimination, hatred, violence and murder in all countries, as shown in the annual Trans Day We wrote letters to the Minisof Remembrance list of names. try and TransCare BC, visited Any inclusion initiative or policy with MLAs, attended legislative that fails to provide affirmative sessions, filed petitions, made action policies to balance this infograms, delivered speeches, bias simply indicates a lack of and wrote letters of support for understanding of the interseccommunity members denied tionality of the trans, Twosurgery. Every little bit was Spirit, nonbinary community, needed. We thank co-op and and as such will ultimately fail community members who in addressing issues of concern. shared their time and stories to make this happen. Get involved in your healthcare today. We want to share two learnings 10
News Trans Need
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News Trans Need Farmer Opens Sanctuary For NonBinary Hogs ABBOTSFORD, BC, April 29, 2019 / CBSNW/ - Alfred Pinkelton, owner and spokesman for Pinkelton Hog Farms Ltd., has announced the creation of a new animal sanctuary for gender nonbinary hogs that would be otherwise destined for slaughter. The announcement came on the heels of a major, local protest in which hundreds of Vegans descended on another Abbotsfordbased hog farm, with claims of animal cruelty and demands that the operation be shut down. Pinkelton spoke to XQQ in an exclusive interview and offered the following statement.
n’t like that one bit. So I says to Claire: let’s make him a sanctuary and for other pigs just like him.” Pinkelton then described his intentions to end his current operations and rebrand his enterprise as one that would take in and care for gender nonconforming swine of all types. “We’re gonna have an animal psychologist on-hand who can council the animals and find out whether they identify as boy pigs or girl pigs. And then we can let ‘em roam free with their own kind out in the fields.”
When asked about the costs involved in such a major operation restructuring, Pinkelton remained optimistic that he “I was watching them Vegans on TV could gather donations from his church and how they was so passionate about and the local community. The estimate them hogs. So it got me thinkin’ that I obtained by XQQ from Jaycee Pinkelshould do something. I figured that I ton, Alfred Pinkelton’s cousin and Chief might be next. So rather than waitin’ for Financial Officer (CFO), was for $6.9 milthem Vegans to come take over my lion, not including the ongoing costs for farm I decided to make something specare of the animals that would no longcial. So I says to my missus: ‘Hey, Claire. er be sold for meat. XQQ also asked C’mere for a sec. Look at what’s on the Pinkelton what would happen to any TV.’ And that’s when she says to me, animals that weren’t trans or non‘Cripes, Alfie. They’re comin’ for us next. binary. We oughtta do somethin’ before it’s too late.’ And that’s when she reminded me “That’s a good question. So I was talkthat we had this one sow named Jessie ing to a real nice man from Maple Leaf who was always acting like the boy pigs Foods who said we could send all the cis all the time. And I remembered this TLC and straight pigs to him. He said they’d documentary I watched one time about treat ‘em real good over there and that trans people and whatnot. So I was like, I could rest assured that they’d find their way into good homes.” that’s it! I know what’s up. Jessie’s no sow. No sir. She’s a boar but just no one XQQ was unable to reach a spokesperdidn’t tell her no different and he’s just son from Maple Leaf Foods to coma bit confused. And I’m a good Christian. ment at the time of I don’t wanna kill no hog that lived his whole life all confused like. Jesus would12
News Trans Need Andrew Wilkinson Comes Out As Trans; BC Liberals Announce New Trans Platform VICTORIA, BC, April 1, 2019 / CBSNW/ - In a shocking public announcement at the BC Legislature today, Liberal Opposition Leader, Andrew Wilkinson declared she was, in fact, female. At an impromptu press conference, Wilkinson issued the following statement to the press. “I am proud to say to all British Columbians, that today marks a new chapter in provincial politics and my own personal journey. As most of you are already aware, I am, and always have been, a woman. Don’t let the grey, drab suit fool you! Underneath I assure you I am wearing baby blue, pink, and white panties that were sewn from discarded trans flags gathered at a recent anti-SOGI rally.” Jackie Tegart, Opposition Caucus Chair, spoke out in support of Wilkinson’s decision. “We are all behind Ms. Wilkinson one hundred percent. Of course, we all knew it all along but were just waiting until she was ready to announce it – preferably during a non-election year so that people couldn’t accuse us of using this as a way to solicit more votes.” Tegart went on to confirm a new party platform and strategy for the next election cycle. “We are also proud to announce
our new party slogan: ‘TRANSforming The Future of BC.’ And please note the all-caps on TRANS. You all got the doubleentendre, right? Also, effective immediately, all new BC Liberal candidates must be trans or gender non-binary. Trudeau showed us the way with a 50% female caucus. Well we figured: if he could do it, we may as well go whole-hog on this and everyone will need to be trans in order for this thing to work.” When asked about his own transition, Tegart was not willing to provide any details, although he hinted at the possibility of an upcoming phalloplasty prior to the next BC election. Wilkinson went on to say that effective immediately, she would be pursuing HRT (hormone replacement therapy) with the eventual aim of obtaining gender confirmation surgery. Wilkinson was not able to confirm a timeline for these procedures, and Health Minister Adrian Dix was silent on whether the MLA would qualify to receive public funding for her procedure, but his office offered the following statement. “At this time, Health Minister Dix is unable to confirm or disconfirm the existence of the health ministry and is not prepared to comment on whether trans people do or do not, in fact exist in the province of British Columbia.”
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XQ Interview We recently connected with Morgane at a local rally where community members turned out to show their support for BC’s Ministry Of Education anti-bullying resource—SOGI 123. We got a chance to chat soon after.
there were inconsistencies in these values and therefore society values are relative. I think that it really helped keep me solid. I think XQQ: Hello Morgane. Thanks for takthat's why I've maning the time to chat and tell us about aged to survive poliwhat’s going on in your life these tics so far. days. Community members are always interested in what our advoI've lived in a pile of cates are working on, but people also countries, France, want to hear your story. I wondered if Switzerland, England, we could just start with a quick biog- Germany, Netherraphy. lands, Morocco, The United States, and Canada. I've been an Morgane: Well let's see, I’m in my immigrant in four 50’s, I’m the mom of two cool tweens, countries, so I underI live in downtown Vancouver in a stand immigrants. housing society, I was born in France, But mind you, I was I started my medical transition quite always an immigrant late. I tried to come out a number of in European countimes, and I was always met with tries so I never felt pushback and pathologizing theraracialized., and know pies. I would say I kind of gave up and my experience is finally transitioned in my 40s. very different from people of colour. Ultimately, the clincher for me was I Racism, and all of just couldn’t stand living my old life these stigmas that and I also found myself telling my children to be true to themselves. And are based on supremacy are equivaI just snapped and that's the thing. I lent in my eyes. The had an advantage because I moved around a lot, which really helped me harm is different, the because what came out of that was I pain is different, but never settled down into a society that they are equivalent. would tell me that I was an abomina- That's at the basis of a lot of my advocation. I had more than one society's cy. I don’t live an invalues talking to me so I knew that
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The XQ digenous life, and I’m not a black person, and I wasn’t groomed from birth to be a girl. I have a different experience than those, nonetheless, I understand some of the aspects of these things as I experienced them myself. Now I’m in a relationship with a butch Latina and its super nice. We have been together for a few years. I’m in politics. I entered politics basically to give myself an advocacy. I realized that we weren't going to get trans rights in BC, or federally, and I went to the next step and actually entered a political machine. You can only get so far as an advocate. I found the machine that
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worked for me, I found the NDP. I love the NDP and all its complexities, I am an NDP politician, a new democrat. It was strange to fit in there, as on the one hand one of my ancestors founded the French Communist Party. On the other hand I have executive experience in investment and commercial banking, and military work.
would say that what I did was easy and accessible. I was very lucky that the lawyers who represented me didn’t charge me for this. In a case involving precedent, it’s possible to get lawyers that will not make you pay. The number of lawyers that worked on this case is unbelievable, 8 lawyers spent two years on it.
I have an atypical background and it came together, first as an organizer then a politician. Then I developed some pretty strong organizer skills as it turns out.
XQQ: On your side alone or in total?
Morgane: In total I would say, but on my side it was one lawyer for two years and one lawyer for half a year. It's a very important case. The I became adept at fighting inside of ruling states that you can’t wrap the federal tribunals helping my yourself up in your belief, or free own kids, but ending up in my own expression to incite hatred or to fight. It turns discriminate against someone, or in out that I did order to incite discrimination, or quite well and I urge people to discriminate. That’s succeeded in a big one. that. Of course, an appeal is probably XQQ: Congrat- inevitable but right now I won and ulations on win- I’m thinking that we are going to be ning your case successful. But it was awful, they at the BC Hutried everything to break me, these man Rights people. They lied all the time. They Tribunal. Tell us were trying tricks and ludicrous more about things, thinking that lawyers aren’t that. How long competent. Ultimately we succeeddid it take? ed, we have this precedent and it's being used as a precedent by othMorgane: Yes I ers already. succeeded. It took two years, XQQ: Can human rights tribunal Two long awful judgements be transferred into civil blood-curdling litigation or criminal court? Can years. Nobody they be cited as precedent?
Interview Morgane: It can be cited. It's a misunderstanding that because it's an administrative body it's not a judgement. There were three members of the panel. One of the members had been at the ICC criminal dealing with war crimes and crimes against humanity. These are senior people, very experienced judges. They make a ruling but that ruling is just a legal ruling and that legal ruling can be appealed in courts, in the supreme court of BC. If it is not appealed and overturned, it's a legal judgement. Going to the supreme court of Canada makes no difference. Of course if it’s upheld in supreme court, it becomes bulletproof. Anybody could appeal this ruling at any time at each level until it's confirmed to the next level. So its citable, it's binding and its decisions are enforceable. That's all there is to it. XQQ: Was there actually a cash award out of the decision? Morgane: There was, it was a two part award. I believe it’s a record breaking award. Half of the 55 thousand was for the harm that this man did and discrimination, that is, it was reparations. The other half was punishment for the outrageous behavior of the respondents. William Whatcott behaved outrageously during the proceedings. He wore a tshirt saying that said no matter how I see the laws I’m still a man. He was
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awful, he passed out propaganda, he filmed, he did all these bad things ,and he was punished for it. It's quite a severe punishment, the tribunal was displeased with his behavior.
Whatcott is very carefully staying destitute and he probably has no assets that can be gone after. But there are other ways to order him to pay. He will refuse it, he might say I can't afford it, or he might say I refuse to pay. If he refuses to pay, he XQQ: What do you see as an accommight go to jail for contempt of plishment from this aspect of the court. case? I fully intend to take this to the ends Morgane: I think people now better of the earth on this man. This is not understand how binding a court rulthe first time he's done this. It’s outing is. That you do not mess with the rageous. I think if people go to jail ruling of a court or with its authority over their misbehavior they will think because courts can’t afford to have twice and they will make other peotheir authority questioned. Thereple think twice. fore they have unlimited power to escalate. People don't understand XQQ: Do you think for others experithat well enough that the conseencing similar things that a human quence of defying a court is called contempt of court and contempt of court sends you to prison. That’s a big deal, you could end up in a serious situation.
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So, 55 thousand dollars and I'll never ever see the money, it is extremely unlikely. William
The XQ rights complaint is an appropriate option? What would be the factors to help somebody decide that?
Morgane: That's a very tough one. First I think it's important to recognize this happened in a civil court. People talk about hate speech, hate crimes, and the Human Rights Tribunal together, but they are very different things. If you go through the criminal court to resolve an incident of someone inciting hatred, the test for this is enormous. You don't get to decide if charges are laid, you only get to make a complaint. To file a complaint regarding an act of hatred against me that's not violence, then they say thank you and file it. It's almost zero chance there would be any action by the police and I would have to transfer it to civil court. It’s very hard to get a charge and even harder to get a conviction.
Violations include a toxic environment, refusal of service, toxic environment at work, or being fired because of who you are. Then you have a case.
Ultimately, my recommendation was— hold the ISPs accountable, that is the same level of accountability as if it was a piece of paper. And the ability to escalate an issue, so when it's consistent and persistent, then you get into real consequences, in civil law.
However you have to be able to prove it with a piece of paper produced by the person or service that says because you are something XQQ: We were talking about you are being treated differently. when to go to criminal, civil court, or the tribunal. You were distinOr it could be a pattern of behavior guishing between them. that lasts and lasts but it has to be provable. Morgane: The tribunal is where the B.C. human rights law is arbitrated, When you think of the Angela Dawthat is the B.C. Human Rights Code. son case where she was discrimiBut you have to have proof. nated against by the Vancouver There's another thing you can do police, the police left notes in their which is libel and defamation. Libel log calling her a man and making and defamation is people writing or fun of her, that was the deciding saying things that harm you and factor. your reputation and your ability to In the Whatcott case it was a physi- earn income, based on what they cal piece of paper, where he wrote said. Basically people lying about it was an impossibility that I was a you to hurt you. There's something woman, that was the clincher. In a civil court of course, we can say interesting there, which is not used it was a human rights violation, so if Important to note, all misconduct is enough, which is the fact that it you have evidence that you were doesn't matter if they believe it's not covered under human rights discriminated against in housing, true. law. There is no law controlling employment or by anyone provid- online conduct in Canada and that's For example, when someone says ing a service. there is an opportuni- a problem I’m trying to address. I Morgane Oger is a man, which hapty to have your case heard by the went to speak to the House of Com- pens a lot online, I could go after court. Providing a service means mons Standing Committee on Huthem with libel, because, in fact, it’s any time you interact with a busiman Rights in May regarding this not true. There is a way to test this, ness or an agency of any kind. For issue. I gave testimony including 6 which is to look up my documentaexample getting an ice cream, get- recommendations from the foundation, because that's how we identify ting your driver's license, buying tion and I was pleased to see my who is or is not a man. My docusugar, or having someone mow recommendations included in their ments will say "woman", and that's your lawn. These things are services report. all there is to it. Then they'll go, "No, normally available to the public. 18
Interview I meant biological man.", and then I can say, "Oh yeah? Prove it." Then you go down the rabbit hole of what makes a man a man or what makes a woman a woman. It's hurtful. It's an awful case. Nobody wants to do it because it involves, basically, people talking shit about me for months, but that's possible. People do have the ability to go to court.
rights tribunal for human rights code, and you have access to tort law for libel and for defamation. There is also criminal defamation, but it's almost never used.
In the Criminal Code it's Section 319, which is inciting hatred likely to cause disturbance. That's also almost never used. It’s been used, like, three times in Canada. As to Still, the nice thing about tort law, criminal court, non-violent hatred which is wonderful, tort law has un- will never bring in a criminal code limited remedies. Penalties can be charge. It's extremely unlikely. Don't whatever the courts assign. Where- waste the time. Report it. Report it as, the human rights tribunal is basi- because if you report it, it gets cally the small claims court of atcounted, but don't expect redress. tacks on dignity. That's basically the XQQ: One of the things Rainbow way it's done. You have the human Health is working on with Organiz-
ing Against Racism and Hatred Victoria (OARH) is on their hate incident protocol. The hope is that with the consolidated 911 response center on the island, the operators get training in hate incident management and that there is a process so a hate incident report can flow through to the appropriate police force. Morgane: That would be nice. XQQ: When the NDP provincial government came back in, there was a change in the Human Rights Commission. Is that when the tribunal was re-established? Morgane: Not the tribunal, not the rights tribunal, the Commission. B.C.
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The XQ had been pared down to just the tribunal, just to address complaints in courts. It was just a court layer. The NDP in British Columbia put back the Human Rights Commission and assigned a Commissioner. (Kasari Govender) She's from West Coast LEAF. West Coast LEAF was an intervener in my tribunal case. It was well done. A great choice. The Commission's job is, of course, to pursue and move forward issues of human rights that need to be addressed. Issues that are more broadly socially than a specific complaint. Tribunals are a complaint-based system. And policy. For example, the Human Rights Commission would be the place that I would go to, to ask that all contracts between B.C. institutions and societies that provide services include requirements for prohibiting discrimination, for example, gender identity or race. We have serious problems with non-profits and charities pretending to be inclusive, but actually discriminating against people on prohibited grounds. That would be a place we would do that. XQQ: Give us the background on the Morgane Oger Foundation. How did it come about? Morgane: I founded the Morgane Oger Foundation in 2017. I think it became official in 2018, when we announced it and the paperwork all 20
came in. The purpose of the Foundation is to narrow the gap between Canada's human rights laws, as they're written, and the experience lived on the ground by people in marginalized communities. Essentially, we're trying to deal with stigma-driven diversions from applying the law. What drove it, was that I was getting ... me and the crew that I work with who have been part of my advocacy now for a number of years, we were starting to notice that almost all the work we were doing was in B.C., and it was as individuals.
and the soul and the fire. They come from intersectional members of multiple marginalized groups, or people who have something that needs to be changed, that is compatible with our human rights law. We use the human rights law definitions to decide who should be in this group.
We try to get an elder and a young'un from each identified community. At least two, to try to get the fire and the wisdom together. We mix it up. Our advisory committee is reasonably informal. The whole point of the advisory commitIndividuals doing work don't have tee is to have people to tap for adthe longevity of an organization. vice and for soul, so that our Eventually I will move on to other spokespersons don't go off on tanthings, let's say, politics. Then the gents, or step on others. I shouldn't things that have happened will stick be talking about disability rights too to me, but they will become a politi- much. It's really not my wheelhouse cal tool, rather than being an orto talk about. We should have ganization's social progress tool. We someone who can talk about that. identified that, if we had an organiWe've been primarily focused on zation that did this, it would work transgender rights, SOGI policy and well. reproductive independence. The We based it off of The Broadbent right to choose. Those are the Institute. We did a lot of consulting things that we're working on the with organizations that do things to most right now. We're also building move the dial forward on improving the Canadian Atlas of Populistic Exsociety. What we found was that tremism. (CAPE) there was a model to apply, and the XQQ: Where are you at on that promodel is that we have spokesperject? sons that have expertise in certain Morgane: We're at the architecture things. Right now, we've been very loud on LGBT issues. Then we have level right now. We're building the an advisory committee, with a doz- architecture. It's the most important en seats, that provides the wisdom part. You really want to put as much
Interview money as possible, and time, into getting the designs right so that you don't go and have to fix stuff.
We recruited, like, 2,000 people with knowledge in GIS and in apps and in databases to work with this. We're trying to get funding and support from lawyers and from universities. Legal advice is an important part of this. We don't want to stray out of the doing good part of the thing into the danger zones. We're very mindful about that. We don't want something like Creep Catchers. We don't want to turn into something like this. That's so dangerous. The idea, when it's done, is that we're going to have a facility available to organizations on which they can map incidents that meet their mandate. For example, people have asked us about mapping homophobic and transphobic incidents in developing countries that are susceptible to hatred, because they have anti-LGBT law. Where they can't go and complain to the local authorities. We would track these things. People send me the most awful stuff. Recently I got a video I think was a live video while it was happening, of a, I believe it was a Ugandan transgender woman, being beaten to death in Kenya. XQQ: Oh my God. Morgane: Awful. These are communities I know. I've been trying to help refugees in the Kenyan refugee 21
camps. This is why they hooked me up on this video as it was happening. Oh my God.
Speaking truth to power is what I am supposedly renowned for. I'm trying to be that person and I'm trying to be true to it. Because I was XQQ: As I worked through my brought in on that, I can't be taken own transition, I have to say, I didn't out of it. think it would lead me to here. I'm working with my party, and I'm Morgane: Yes, it is a path I did not with other parties as well. I'm not expect. I didn't think I'd find myself only working with my party and I'm investigating a transgender person very careful to not politicize, with accused of being an online predapartisan politics, things that have to tor. I didn't think I'd sit at the side of do with human rights. Things that a transgender serving a life in prishave to do with human rights are on for crimes that involved children too important. If I can get the Conand death. I didn't think I'd be the servative people to do something person who gets reports of police good, I get them to do something violence or mob killings, from the good and then we move on. I let mob, I mean. This is hard on a soul. I them do it in their own story. If they don't know where you are, at in all didn't do something, I ask. Or if one this but it's hard on the soul. of theirs does something bad, I'll XQQ: I don't know how you do it. I jump on that one. We're all supknow some community members posed to be in this. That social good somehow can be in the public thing and the politics thing and the space, but I'm always concerned social policy, we're supposedly in about seeing a picture of myself this, all of us, to make the world a somewhere. You're just out there better place. and I admire it so much, because it I think it's important that we actualis nothing I could ever do. ly do that. All of us have to work Morgane: I think I get to enjoy a together to make the world an accertain luxury of being protected by tual better place. And we've come my activities in politics. I think that's a long way. Along the way, the a major factor. In politics, there's foundation of our work was set by this brand you have to manage. The people who had a very different brand that I got into politics on is existence than you and I had. that I fight for people and that I tell Trans people who were out 20 the truth. I think that that is what years ago, 30 years ago, gay men makes it possible for the politics to and lesbians who fought for rights protect me. They let me in on that, that are now taken for granted in so they can't not let me continue.
The XQ our cohort. Even the lesbians and the women who hate trans women on the basis that we are not really women, or who say hateful things about us because they never got their rights completely, even those women helped us get where we are. Even though they're not happy with us existing, they still gave us this. XQQ: That's an important perspective to keep track of and it's not often granted, is it?
Morgane: It's not. It's not. XQQ: Let’s move over to politics and chat about our federal election year. It was obvious that Justin's brand was going to wear thin. Happened to his dad as well. But it seems to have coincided with this reactionary return to, what you call the feasting of the social predators. We see their effectiveness with our neighbors to the south. It is an effective system when combined with external agents who have no inter-
22
est in any form of democracy work- to turn out, allows the extreme right ing. We need to vote strategically, populist hatred people an opporbut what does that mean? tunity, because they adapt faster than policing adapt. They leverage Morgane: I was door-knocking yesthe tool to say awful things before terday, trying to support my bid. society quenches the tool's ability to Well, trying to get more members help them be awful. I think we're into the NDP, because politics-wise, seeing it again. I agree, this is a there's an election coming and I'm dangerous time. We need people actively engaged in that election, as who can stand out there. We need you can imagine. A man, who is people who can step up and actualJewish, and I were talking about ly be in the places where the buthow I was face to face, in physical tons are pressed and the decisions contact, with an actual Nazi two are made. Advocacy is great, but if Saturdays ago, at the Vancouver they don't want to make the deciArt Gallery. sion, they won't make the decision. He is a notorious, actual Nazi. He XQQ: If we extend that metaphor, was, somehow, expecting access to in the 30s, there was England standthe TV camera, or whatever. He ing alone, "in our darkest night". thought he should be in my proximiSometimes, it seems, the western ty. His people are shifting the congovernments are compromised in versation into a place that's awful. I this. There's no leading advocate was talking about what my experilike Churchill, who says we just don't ence was there, and this man, this go this way. What do you think? Jewish man of European descent, says, "This looks a lot like 1928." Morgane: There are some, you can see them. I'm up there saying you We don't want to go there. We don't just don't go this way but, of course, want to think this is what it is. Here's this is about my community, but I'm what I propose. Hatred got a techtrying to make it about everybody. nological jump with, basically, the All of us have to be careful because industrialization of hatred. The abilthis could ‌... ity of propaganda to hit newspapers, books, TV, and radio. We dealt I hope I don't make people think I'm with how it (the dissemination of comparing what happened to hate) was being done . That's been what's happening now. That hapdealt with. Now we have social me- pened, it was very bad, whereas dia and the Internet, which is anoth- here I'm talking about fears of what er technological jump. could happen. Two different things. We do also have the ability to elect Each technological jump, it seems
Interview people that will act. We have the ability to stand up and to stand behind ideas that state, "This is not acceptable. This has to change."
Morgane: That's something that can make us all smile. When we see that horror show of Laura-Lynn in my face at a rally, screaming about It's really encouraging. I recently, penises and vaginas or whatever, I We also have the need to not go gave a talk during a service at a think the lesson to take home is she too far due to the fear. I'm an advo- church. I've been invited to speak at is a candidate for a populist excate for muzzling people that go evangelical churches. I maintain treme right movement that's going too far. But, of course, my fear and positive relationships with leaders to get, probably, one per cent of the fear of others is, what if we go of a number of religions. If somethe vote, and Ninety per cent of too far muzzling, and that's a very body does something bad, I can those people are going to vote for valid question. We have to manage count on the major Protestant deher group do so because they were how we limit people. We have to go nominations, which is my cultural misinformed. not too far. religion, to have my back and write a letter, a public statement. This is I think we're doing fine and it's getXQQ: I'm going to check time here like unheard of a decade ago, even ting better. for you. I wanted to give you a last three, four years ago. chance to wrap up. But be careful out there. If someone is unjustly discriminated Morgane: Let me give you a concluXQQ: You too, you too. against, and it's not because of sion. Morgane: Angry people do angry their own reaction to, let's say, the In my observations from the trench- oppression, but if it's documentable, things. es, often I feel like I'm covered in they can go to the courts and win. XQQ: If it doesn't bother you, I'll do gore, in the stuff I do. I'm lucky. I get an offering for your peace and seParents who are transgender are to access mental health support keeping their children. I have a job, curity, you're important to all of us. and loving people. It's affirming to I'm working. Here I am. Working in a Morgane: It never bothers me. They have people stop me in the street retail context in a leadership role. lay their hands on me at church and thank me for the work I do. I Discrimination is getting managed these days, sometimes. have good support and I recognize and people are understanding that that not everybody does. Not eveXQQ: I can see why. You need it. stuff better. That's good. rybody is seeing the world through Thank you so much for your time. my privileged eyes. Still, from what I And there's a pushback, and the Morgane: It was wonderful to chat. see and me watching how our pushback is ugly, but part of the youth are growing and how some pushback is because there is the of them are impossibly demanding ugly people who are angry because for perfection, consider how far we they've already lost. It's the Wicked were from those expectations not Witch of the West that got wet and very long ago. I'm really encourit's melting. aged by what I see. I really like XQQ: The toes are twitching, but it’s memes. All of the stuff is encouragall over. ing. It's not widely known, but up-
23
take in independent schools and in Christian schools of SOGI 1 2 3 curriculum, is accelerating.
Appropriate Culture or Cultural Appropriation Unmanaged Trauma Erupts
Right at the very end of the End Chamber a hanging rock formation reaches down from the ceiling to a metre off the ground. This striking natural relief, as you might expect, is adorned with black drawings and engravings: four lions, one horse, two mammoths, one musk ox and a composition creature - half human and half bison - referred to as the Sorcerer. Beside it there is drawn the front view of a woman's lower body with long tapering legs. Her pubic triangle and her vulva are clearly drawn. The Sorcerer's figure folds around and faces in to the pubic triangle. This is certainly a powerful composition, perhaps symbolizing a relationship between a mortal woman and a supernatural animal spirit. .”
The painting depicts shapeshifting and it does look like women have been doing it for a very long time. It is likely, given how long ago this was done, that a little bit of the person who did those drawings is in the DNA of every person alive today. We all share common ancestors at this time in the world, and the part of everyone’s story includes ancestors that had shapeshifters in their midst. There are of course, many reserved words that are not ours to use, but this isn't one of them. To suggest otherwise is the opposite of cultural appropriation, perhaps cultural imperialism? It is a reasonable question however, how I tie together trans people today and the shapeshifter nation. That explanation is for another day But in this time of reconciliation, the wounds of history are very close to us. We have taken so much from the Indigenous community. What has kept them resilient through all of this travesty is their spirit, their connection with their traditions and their ancestors. It can feel like any work by the part of outlanders to find their own path back to their traditions is a continuation of our history of theft, and in some ways the worst. The elite of this world maintain control by inciting us to struggle with each other based on the illusion that it is the material world that matters and we had better get our hands on our share. How do we know our path is authentic and respectful of others? Another story, Slavery was introduced into what is now the US in 1619. Slavery was an essential component in the aggregation of
capital at the beginning of modern capitalism. This essentialness is the core of the need for reparations. Cotton was an incredibly important commodity and plantation masters developed the specific skill of beating the workers in a way that maximized their output without damaging them. This made America extremely competitive in the production of cotton which was in high demand in Europe.
anger and frustration and it feels like I am the target of that trauma, I simply recall the story above and know that while I don’t like it, I do understand the source of it. Reconciliation is a task that will take us several generations.
My metaphor is it is like we were caught cheating on our spouse in a ‘non-open’ relationship and we have many sessions ahead of us that are going to be painful, but we simply Sort of like how Apple uses near slave labour have to do it. There actually is little choice. The to assemble the phone you are likely reading courts are going to decide the outcome oththis on. They too have made exceptional for- erwise and there are lots and lots of assets tunes by exploiting labour, while we enjoy the involved. benefits. Like how Canadians have benefited We are Treaty Peoples and the TRC calls us all from the apartheid system we have mainto move forward in relationships of mutual tained in place for our Indigenous peoples. respect. The online callout culture and the Recently our Indigenous partner in 0_CHI, the bullying that goes with it do not reflect this call Victoria Native Friendship Centre hosted a of how to live and we need to figure out how voter awareness evening with OARH Victoria to change it. (Organizing Against Racism and Hate) another All British Columbians need to become better organization we both are part of. One of the aware of the huge change we will see over Indigenous people from the centre shared the next decade through the treaty process that they had only voted for the first time a and the re-enfranchisement of Indigenous few years ago. people. So here is where the stories come together. The treaty process is incredibly complicated Those slaves who were regarded as 3/5 huand was stalled for decades by our governman, and as property, and were liberated in ments, but it has crossed the tipping point. 1865, could vote by the year 1870. IndigeOne good place to bookmark and subscribe nous people in Canada got that same right in to their news letter is BCTREATY.CA 1960, 110 years later. But the incredible resilience of Indigenous Don’t get me wrong, they could have voted people is finding its roots and the community before, if they gave up every right they had as is growing exponentially. If you are uncertain an Indigenous person. It is hard to imagine about this, I suggest that you visit the VNFC, how we justified forcing that choice on anyperhaps on one of the language nights and one. you will see what I am referring to. So in her family there were people who _______________________________ gained the right to vote in her lifetime. Not But back to my story. something in a history book about another time. A story her grandmother told her mother and her. I know it might seem like one small outrage in a history of many much more damaging acts of the Canadian apartheid system, but this is where I find the spirit to continue to move forward in my reconciliation work. It is in hearing the story of someone I know and care about and how our thoughtlessness and inherent privilege affected their life course. So when young Indigenous people vent their
Let us know what you think. Letters@XQQ.ca
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cis-male. And until recently, I’ve been wearing a binder to hide my breasts because of dysphoria and to appear more masc. But now I feel like I should be wearing tops that show off my boobs so I don’t get dirty looks when I try to access female spaces. Funny thing is, the Dear Pepper & Pearl, thought of it doesn’t make me feel Until recently, if you had asked me dysphoric like it used to. Am I not who I was, I would’ve told you that I trans enough? I don’t think I know was a trans boy (assigned female who I am anymore. Please help. at birth). I started T a few months A boy in a girl’s body in a boy’s ago but when my voice starting dropping it made me feel dysphoric body in a… so I stopped. Still, my pronouns are he/him but I feel most comfortable in female spaces… That is, until last weekend. I was out wearing a button-down shirt and when I tried using the women’s washroom in a public place, I was kicked out… Which made me feel really bad because that’s where I feel safest. But I also feel super-guilty because I’m very aware that many trans guys out there would kill to be read as
First, let’s take a look at your recent experience. When you walked into the women’s washroom, you may or may not have been actively thinking about how people might read you, since you were you entering into a space that aligned with your agab (assigned gender at birth). Then, lo and behold, someone takes a look at you and decides that you don’t fit their mental image of what “woman” should look like, and polices you based on their prejudice. And that sucks! And it may not be a huge comfort to Dear boy/girl/boy/etc… you, but I assure you, it’s got NOTHING to do with YOU! Every Guess what, hun? You’re fine. It’s day, in every country in the world, the rest of the world that’s conthere are scores of CIS people befused. No, really! Everyone in the ing policed out of their own public cis world keeps wanting to sort washrooms too! And for most of everyone into TWO distinct piles without admitting or realizing that them, being trans or non-binary isn’t even on their radar! Maybe it’s all just one pile – always has that person’s hair was too short. been. Gender is fluid. And I think that a large part of your confusion Maybe for the other one, it was too stems from trying to put labels on long. Maybe it was the smooth skin things that shouldn’t even have la- or lack of facial hair. Maybe they had too much facial hair. Maybe it bels. But I understand as well. Sometimes self-labeling is a way was a woman with hirsutism and PCOS. Maybe it was a man with gyof understanding and putting words to a feeling or experience necomastia. Take your pick. But fact is, people will always say inapin a way that you can make propriate crap to others in public. sense out of it. If I were to venture a guess, I might suggest that But guess what? That neither invalyour experience is consistent with idates your gender presentation, many demiguys. Don’t quote me nor does it mean everyone else on that though. Do your own re- sees you the same way as that one individual did. On some days I search into it. Demiguys often might get an equal number of Sirs identify with masculinity in part, and Ma’ams, depending on where I but not entirely or at all times. Regardless, before I go on, let me go and who I speak with. reassure you, that… you… are… Okay, so what do we make of your valid. There is no right or wrong newfound desire to ditch the bindway to experience gender and ers and go back to having visible there is no better expert on who breasts. Honestly, I don’t think it’s you should be, than YOU! strange at all. It’s human nature to
have the desire to feel safe in one’s space. Especially a bathroom, where we literally have our pants down and feel extra vulnerable and exposed. I would say that you are tying that need to feel safe with the elephant in the room – or elephants if you will… The most visible, obvious characteristic that will make people see that you belong in the space you’ve chosen. I get it! Many a time, have I gotten SIRRED by someone in a store while wearing a low-cut dress, high heels and a makeup covered face, and I feel like yelling “would a SIR have TITS like these, dude?” But in my case, it’s because they aren’t looking at my boobs, but listening to my voice, which happens to be deeper than many women…
square peg in the round hole? What, are you going to keep changing things about yourself until you’re unmistakably read as cisfemale? I’m not saying that’s wrong or bad… But is that REALLY who you are? Is that REALLY what you want? Be true to yourself. Plus, would you be doing that for the sole reason of not getting kicked out of a bathroom?
If so, I would propose avoiding dressing only for bathroom use. Yes, you would probably feel better about the likelihood of not being mis-gendered, but at what collateral cost? In any given day out on the town, I may use a public bathroom once or maybe twice. Each visit takes me 2 or 3 minutes. Okay, to err on the long side, let’s say 5 minutes per visit. There are 1,440 minutes in a day, or 480 minutes in So, as it relates to advice… here’s an 8-hour period. This means that the score. Yes, you COULD ditch the at worst, you spend 2% of your exbinder and wear a boob-a-licious cursion in a public bathroom (but top, but you are literally counting likely less than that). Are you really on and expecting that the gender going to alter your appearance for police will LOOK at your BOOBS. that 2% of your day? How about But what if they don’t? What if they the remaining 98%? Is it really goare using a completely different ing to make you happy if you cue to determine that you’re the aren’t dysphoric 2% of the time but
feel like an imposter for the remaining 98%? I’ll be honest with you. Some days I also worry about how people will read me in the spaces I choose. When it comes to bathrooms, I am always MOST comfortable in gender-free, accessible, or family bathrooms. Yes, they’re certainly not as common as the binary ones, but I do try to make use of them whenever available, and I do often tend to gravitate toward places that I know have them. But if they aren’t, I won’t shy away from using the bathroom where I feel safest. Period. I won’t let any gender police take that away from me. All it takes is having the spoons to do it. But where to get those spoons… I’m afraid, is the topic for a future column.
