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Legal definition of woman is based on biological sex, UK supreme court rules

In the Talmud, seven genders are recognized:
Would you quote the part about gender? I tried to read it but your website wouldn't let me unless I gave it my Email address.
Tom
Well, there's the title, "The Seven Genders in the Talmud".

There's also this: "The rabbis did not use the word gender as we do today, as referring to a cultural construct distinct from biological sex. The seven genders they describe are distinguished by physical and biological realities, not culturally conditioned categories.",

and this: "As should now be clear, the rabbinic interest in these gender ambiguous categories is largely legal."

And then there's the url: "www.myjewishlearning.com/article/the-eight-genders-in-the-talmud/".

So either my Jewish Learning can't count, or else there was an earlier version of the article that listed eight "genders", and then Ms. Scheinerman changed her mind about which concepts from the Talmud qualified as "genders". I.e., she's not reporting a list from the Talmud. That kind of makes it look like the article is an anachronistic infusion of modern concerns into 6th-century lawyers evolving 6th-century law.
 
In the Talmud, seven genders are recognized:
Would you quote the part about gender? I tried to read it but your website wouldn't let me unless I gave it my Email address.
Tom
That’s weird: Same link:

Thought nonbinary gender was a modern concept? Think again. The ancient Jewish understanding of gender was far more nuanced than many assume.

The Talmud, a huge and authoritative compendium of Jewish legal traditions, contains in fact no less than seven gender designations including:

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Sex and Sexuality 101

GENDER & SEXUALITY
Female's hand holding red heart against white grey background.

Sex & Sexuality Quiz

QUIZZES
  1. Zachar, male.
  2. Nekevah, female.
  3. Androgynos, having both male and female characteristics.
  4. Tumtum, lacking sexual characteristics.
  5. Aylonit, identified female at birth without developing secondary female sexual characteristics at puberty.
  6. Saris hamah, identified male at birth without developing secondary male sexual
    characteristics at puberty.
  7. Saris adam, identified male at birth without developing secondary male sexual characteristics because of castration.
The rabbis did not use the word gender as we do today, as referring to a cultural construct distinct from biological sex. The seven genders they describe are distinguished by physical and biological realities, not culturally conditioned categories. But because gender has many implications in Jewish law, how the rabbis understood these categories has consequences for the rights and responsibilities such individuals enjoy in the community.

The rabbis also had a tradition that the first human being was both male and female. Versions of this midrash are found throughout rabbinic literature, including in the Talmud:
 
No, it's a non sequitur.
Yeah, I kinda thought so when @Toni said it, but she did any way.
Then defended it, when she got called out on the complete non sequitur.
Tom
Toni said men should be allowed into women only spaces? When did that happen? She's been consistently arguing in favor of keeping men out of those places from the beginning of this thread.
...
I think you might have her mixed up with someone else.
Doubtful. What Toni has been consistently saying from the beginning of this thread is "I believe that trans women are women and trans men are men and need to be respected as such.". So if she's also been arguing in favor of keeping men out of women-only places, well, that kind of needs to be read as meaning she's in favor of keeping the people she classifies as "men" out of those places. Not the same thing as keeping men out of those places. So I think Tom knows exactly who he's talking about.
 
We do disagree. I believe that trans women are women and trans men are men and need to be respected as such.

I do struggle a bit where sports are concerned because I am old enough to remember the days before Title IX and see the continuing inequalities between funding and other support for female vs male teams. But so far, most female players do not see a problem and don’t feel they are being crowded out. I defer to their judgement.
Why do you believe trans women are women, given the obvious fact they are male?

In what sense can an adult male be considered a woman?

Why?
The genetics have been explaining Ned multiple times elsewhere in this thread.
It looks like you're referring to the genetic fact that some XY people develop along a Müllerian pathway, and some XX go Wolffian. If that's the multiply-explained genetics you're talking about then you misunderstood the question. Seanie did not ask *"Why do you believe trans women are women, given the obvious fact they are XY? In what sense can an adult XY person be considered a woman?". You appear to have been taken in by the recurring canard from gender ideologues to the effect that everyone who disagrees with gender ideology is a "male/female = XY/XX" simpleton. It's a false-dilemma fallacy. Nobody in this thread is insisting "woman" means "XX". We know about SRY genes and CAIS and so forth.

Genetics is not confined to chromosomes. The sry gene is crucial in determining maleness. If it has migrated to another part of a chromosome, this function does not occur properly.
That's why it looks like you're referring to the genetic fact that some XY people develop along a Müllerian pathway, and some XX go Wolffian. If you're referring to some other genetics that have been explained multiple times elsewhere in this thread, please clarify.
 
Sure, it is a "free country", but unless someone has a particular insight into how someone else thinks, going with the original birth gender is nothing short of judgmental.
:consternation2: What the heck has "how someone else thinks" got to do with it?
A discussion about self-perception and how others perceive that perception would seem heavily important here.
:thumbsup: I know, right? And yet the usual attitude from trans rights activists is that any such discussion is completely unnecessary and everybody should just take for granted that self-perception is the defining criterion. So let's have that discussion.

If a transgender woman didn't feel like they were the opposite gender, this wouldn't be a discussion.
What does "feel like they were the opposite gender" mean? Does it mean "feel like a person of the opposite gender feels"? If so, they have no way of knowing they feel like that -- a transwoman has no experience with what being a biological woman feels like. No biological male knows that. So when one says "I feel like a woman", it's pure speculation. A transwoman could more accurately say "I feel differently from cismen; I interpret my feeling as femaleness, but for all I know femaleness might feel very different from what I feel."

If some (most?) women didn't have a propensity to regard a transgender woman in a private space in such a way, this wouldn't be a discussion. How we think and feel is a keystone to this conversation.
Sure, but that's how we think, not how someone else thinks. Most women have a propensity to regard a transwoman in a private space as the opposite gender, not because they have any particular insight into how the unexpected entrant thinks, but from observing secondary sexual characteristics and inferring primary ones.

Some want to ignore the psychology and just hold directly to visible biology (certainly ignoring neurology), but that would seem daft.
Let's unpack that. "Want" isn't the issue here. Some (a word that here means the vast majority) do ignore the psychology and just hold directly to visible biology (certainly ignoring neurology). So what exactly are you calling "daft"? That they do? That some of us take note of the fact that they do, and we don't decide whether they do based on wanting, or based on evaluation of daftness?

The usual attitude from TRAs seems to be that it would be a better world if women categorized based on the person's psychology, and therefore we should all make believe that women already categorize based on the person's psychology, and eventually women will be retrained enough that the pious fraud will become reality and the better world will be achieved. I'd need a crystal ball to say if this strategy will work, but I can say right now that this strategy is intellectually dishonest. The incessant equivocation between "gender" and "gender identity" is well-suited to sweeping the dishonesty under the rug so the TRA's can still feel good about themselves while they do it.

I don't need to know how Tenzin Gyatso thinks to judge that he's not anyone's reincarnation, and if you find that judgmental of me, that's nothing short of judgmental of you.
Reincarnation is a spiritual concept invented by people. Gender is a taxonomical like concept based on a broad baseline of outwardly obvious and inwardly (to organ level) discernable attributes.
Right. Both are categorizations invented by people that involve factual claims -- claims on which how the person thinks logically has no bearing, even though people's feelings about how they themselves are categorized are important to their self-image. It might hurt a Buddhist's feelings to have others disbelieve the claim about being reincarnated but that's no reason to believe. It might hurt a transman's feelings to have others disbelieve the claim about being male but that's no reason to believe.

We know now that gender isn't as simple as that, because neurology.
Who you calling "We", white man? No, I don't know gender isn't as simple as that, because neurology. How does neurology imply gender isn't as simple as that? You appear to be assuming your conclusion as a premise.

"Phase 1: Steal underpants. Phase 3: Profit!". What's Phase 2?

What I don't take seriously is the religious belief of gender ideologues that an individual's inner feelings trump reality. Gender is a social construct. What the criteria for the genders are are up to society collectively.
That is a peculiar statement for you to use. It admits that "gender" isn't steadfast and carved in stone.
"Peculiar"? What's peculiar about it? "Admits"? What's an admission about it? How do you figure this is any sort of concession? Where have I indicated "gender" is steadfast and carved in stone? Were you taking me for one of those "man and woman just mean biological sex" hardasses? That's Emily and seanie's thing, not mine.

If you're arguing that gender being a social construct that isn't steadfast and carved in stone somehow supports the contentions that self-perception and neurology and "how someone else thinks" determine people's gender, show your work.

There could perfectly well be a society that doesn't give a toss about biological sex*, and classifies people by counting their teeth. It could have a language with three pronouns, "he" meaning "the above 32-tooth person", "she" meaning "the above unusual tooth-count person", and "it" meaning "the above toothless person or nonhuman". It could even unsteadfastly evolve its categories and language to change from "current number" to "number at age 21", and reclassify old people who've lost teeth from "she" to "he". But my mom never grew wisdom teeth in the first place; if she lived in that society, no amount of identifying as a 32-toothed "he" would ever make her one. "Social construct that isn't steadfast and carved in stone" in no way implies "self-perception matters". That's a non-sequitur.

(* In principle. In practice, giving a toss about biological sex is a human universal, found in every society anthropologists have checked.)

That it is possible to adapt with better understanding on what provides a gender beyond organs.
Certainly. Emily and seanie's contention that "woman" means "adult biologically female human", like any other word definition, is a theory. It might be wrong, and we might replace it with a better theory. It also might be right currently, but become wrong in the future as our language and culture continue to evolve. The point, though, is that like any other theory, their theory is falsifiable. If you think it's wrong, present evidence that it's wrong and propose a different theory that better retrodicts empirical observation -- or else think up an experiment the competing theories predict different outcomes from.

Understanding transgenders, their mindset, how/why they think, their experience will help provide a better manner in which to move forward with inclusion and how best to achieve it.
Certainly. But it's unlikely that discovering a better manner to move forward will produce evidence that transgenders actually are the gender they think they are.
 
So what does it mean to say trans women are women?

What’s the basis for this claim?

Is it chromosomes?

Genetics?

That they consider themselves women?

That they “live as women”?

That they’ve “fully transitioned” with no explanation of what “fully transitioned” means?

Is it because of Clownfish?

Or Seahorses?

Or Guevedoces?

What’s the rationale?
 
So what does it mean to say trans women are women?

What’s the basis for this claim?

Is it chromosomes?

Genetics?

That they consider themselves women?

That they “live as women”?

That they’ve “fully transitioned” with no explanation of what “fully transitioned” means?

Is it because of Clownfish?

Or Seahorses?

Or Guevedoces?

What’s the rationale?
Those are good questions.

Since multiple posters have tried to explain the difference between sex and gender but you are still mixing them up, perhaps you should look to other sources for answers.

I suggest looking into the psychology of gender first. You seem to have a pretty good grasp of the biology of sex, at least enough to understand there is a difference between being male and being a man, being female and being a woman, being human and having a weak or variable connection to a gender identity.
 
How does what you’ve said explain why men should be considered to be women in some circumstances?

What’s the rationale? What’s the justification?
 
How does what you’ve said explain why men should be considered to be women in some circumstances?

What’s the rationale? What’s the justification?
Did you follow the link I posted a few days ago to an article that talks about We'wha?

Here's a Britannica article with more information.

We'wha was a man in some circumstances and a woman in others. People who knew We'wha used the pronoun "he" to describe him when he was living and acting as a man, and used "she" to describe her when she was living and acting as a woman. The current trend toward using "they" would be appropriate when speaking of We'wha as a Two-Spirits person, a lhamana of the Zuni people.

We'wha's biological sex was not the same thing as their gender identity or their role in society, especially when it came to roles defined by gender. He was a shaman and member of the kachina society who performed ritual dances during religious ceremonies. She was a crafter and cultural ambassador who taught both young children and visiting anthropologists the history and lore of her people. We'wha was male, and We'wha was female.

The rationale for recognizing that fact is the same as for recognizing any link between gender and identity in any person in any society.
 
And why are you calling Semenya "he"? She's got a vagina.
Cite? I can find any number of medical sources saying guevedoces are born with "pseudovaginas" or "what appear to be vaginas", but none saying they have "vaginas". Perhaps your google-fu is better than mine.

Before we start splitting hairs over the differences between a pseudovagina, a vaginal pouch, a blind vagina, and a vagina that does not terminate in a cervix, perhaps we should first discuss whether someone who has what appears to be a vagina, functions like a vagina during non-reproductive penis-in-vagina sex, and naturally developed in the place where vaginas grow, can say they have a vagina? Then we can move on to listing what it is about her vagina that posters here think excludes her from the "has a vagina" category.

And then we'll talk about the women in my family who've had hysterectomies and now have "blind vaginas", "vaginal pouches", etc.
Perhaps we should discuss those things. But before we get into all the variations on crotch anatomy and which ones satisfy the vagina criteria, perhaps first we should talk about whether when you suggested investigating the issue experimentally using a focus group, you'd have been willing to go with:

* Tell me something Bomb#20. If you asked 100 random guys if someone who has what appears to be a vagina could ever be a man, and didn't reference DSDs or chromosomes, how many of them do you think would say "yes"?​

It seems to me saying "vagina" is "leading the witness": predisposing your focus group to presume the subject is a woman. Whereas saying "what appears to be a vagina" is equally leading the witness, but in the opposite direction, predisposing the group to be suspicious of whether it's really a vagina. You wouldn't want the focus group to be led away from the answer you expect, would you? I think you'd probably be unwilling to go with my alternate phrasing.

So before you start accusing me of splitting hairs, consider that if the difference is important to you then that makes it fair for it to be important to me. Sauce for the goose, sauce for the gander.
 
And why are you calling Semenya "he"? She's got a vagina.
Cite? I can find any number of medical sources saying guevedoces are born with "pseudovaginas" or "what appear to be vaginas", but none saying they have "vaginas". Perhaps your google-fu is better than mine.

Before we start splitting hairs over the differences between a pseudovagina, a vaginal pouch, a blind vagina, and a vagina that does not terminate in a cervix, perhaps we should first discuss whether someone who has what appears to be a vagina, functions like a vagina during non-reproductive penis-in-vagina sex, and naturally developed in the place where vaginas grow, can say they have a vagina? Then we can move on to listing what it is about her vagina that posters here think excludes her from the "has a vagina" category.

And then we'll talk about the women in my family who've had hysterectomies and now have "blind vaginas", "vaginal pouches", etc.
Perhaps we should discuss those things. But before we get into all the variations on crotch anatomy and which ones satisfy the vagina criteria, perhaps first we should talk about whether when you suggested investigating the issue experimentally using a focus group, you'd have been willing to go with:

* Tell me something Bomb#20. If you asked 100 random guys if someone who has what appears to be a vagina could ever be a man, and didn't reference DSDs or chromosomes, how many of them do you think would say "yes"?​

It seems to me saying "vagina" is "leading the witness": predisposing your focus group to presume the subject is a woman. Whereas saying "what appears to be a vagina" is equally leading the witness, but in the opposite direction, predisposing the group to be suspicious of whether it's really a vagina. You wouldn't want the focus group to be led away from the answer you expect, would you?

What makes you think I want an inaccurate answer?

My question is about people's reactions to someone having what looks like a vagina. It's more about sexism than it is about sex.

I think you'd probably be unwilling to go with my alternate phrasing.

What alternate phrasing?

So before you start accusing me of splitting hairs, consider that if the difference is important to you then that makes it fair for it to be important to me. Sauce for the goose, sauce for the gander.

I don't understand your point.
 
Too late to edit my previous post, but on rereading it I do see what you were getting at.

The change in wording you propose makes it clear that you're talking about a DSD. My question wasn't going for a response about sex development in a fetus. It was about sexism in our society. It was about the limitations and expectations placed on a person who has what a doctor thought was a vagina when he filled out a birth certificate, what a mother thought was a vagina when she bathed and diapered her child, what sisters and other girls thought was the same as what they have 'down there'.

It was about where our society places people who have an opening between their legs instead of dangly bits, and how many people believed it could be in the "man" category.

Also, about this part:
So before you start accusing me of splitting hairs, consider that if the difference is important to you then that makes it fair for it to be important to me. Sauce for the goose, sauce for the gander.

I wasn't accusing you of splitting hairs, I was expecting Emily Lake to do it, all the way down to the subatomic level if that's what it took to sort out the blind vaginas from the vaginal pouches and tell us what to call the opening that leads to a not-technically-a-vagina-but-looks-like-one.
 
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I suggest looking into the psychology of gender first. You seem to have a pretty good grasp of the biology of sex, at least enough to understand there is a difference between being male and being a man, being female and being a woman, being human and having a weak or variable connection to a gender identity.
Well of course there’s a difference between being male and being a man, and being female and being a woman.

The differences are age and species.
 
So we come back to the question.

What is the rationale for accepting some men to be women?

What are the criteria these men have to fulfil?
 
How does what you’ve said explain why men should be considered to be women in some circumstances?

What’s the rationale? What’s the justification?
Did you follow the link I posted a few days ago to an article that talks about We'wha?

Here's a Britannica article with more information.

We'wha was a man in some circumstances and a woman in others. People who knew We'wha used the pronoun "he" to describe him when he was living and acting as a man, and used "she" to describe her when she was living and acting as a woman. The current trend toward using "they" would be appropriate when speaking of We'wha as a Two-Spirits person, a lhamana of the Zuni people.

We'wha's biological sex was not the same thing as their gender identity or their role in society, especially when it came to roles defined by gender. He was a shaman and member of the kachina society who performed ritual dances during religious ceremonies. She was a crafter and cultural ambassador who taught both young children and visiting anthropologists the history and lore of her people. We'wha was male, and We'wha was female.

The rationale for recognizing that fact is the same as for recognizing any link between gender and identity in any person in any society.
The derails in this thread I find extremely aggravating. I'm not interested in your irrelevant rabbit hole enough to click the link.

I'll just ask. How did We'wha handle public spaces with indoor plumbing, like restrooms and showers and such?
Tom
 
I suggest looking into the psychology of gender first. You seem to have a pretty good grasp of the biology of sex, at least enough to understand there is a difference between being male and being a man, being female and being a woman, being human and having a weak or variable connection to a gender identity.
Well of course there’s a difference between being male and being a man, and being female and being a woman.

The differences are age and species.
That's not the whole difference.
Amongst humans,
For nearly all of human history there was no particular reason to distinguish between sex and gender. Now there is. So while male and man used to be virtually synonymous that's no longer the case. Now we've got male women and female men.
Tom
 
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