Millionaire Was Misgendered, I Was Triggered (From Martine Rothblatt to Me)

Even when you’re a person of extreme wealth and privilege, being visibly trans is a challenge. For once, that fact is oddly comforting.

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This morning I decided to watch a Ted Talk that featured Martine Rothblatt. Martine’s life story is incredible. The Washington Post said of her:

Let’s be clear: Martine Rothblatt is just plain more of a lawyer than anybody else in this town.

The 60-year-old grandmother and CEO of United Therapeutics, the Silver Spring-based biotech she founded to help save her younger daughter’s life, banked $38 million last year. It made her the nation’s highest-paid female executive. It also made her the nation’s highest-paid transgendered person, as she had sex reassignment surgery in 1994.

She is an amazing person, living an amazing life, doing amazing things. Yet someone that is interviewing her, who is in obvious awe of her and her accomplishments, misgenders her. No amount of wealth, prestige, or accomplishment stops this from happening.

I’m well past being triggered by being misgendered, but there was a time in my life that it would literally send me into a depression. Even though I’ve learned through Schema Therapy to deal with those triggers, it still has impact. At times it still feels like the person I see isn’t the person that everyone else does. At times being visibly trans still weighs on me.

As I said before, I don’t regret transitioning, but I understand it. Even when you’re a person of extreme wealth and privilege, being visibly or openly trans is a challenge. For once, that fact is oddly comforting.

Public Trials, Free Speech, and the Right to Name Your Rapist

A trial is a legal proceeding that judges a person’s guilt or innocence. A public accusation on Twitter isn’t a legal proceeding, it’s a public statement. Being that it’s not a legal statement, unless it’s illegal speech (libelous speech), the accusation can be ( ethically and legally) made. If it is illegal speech (libel is a civil, not criminal law), the accused does have legal recourse. But the burden of proof for a civil case is MUCH LOWER than a criminal case.

If it isn’t illegal speech, the victim has a right to publicly accuse their accuser.

As a bystander, I don’t have to have an opinion concerning the the validity of the claim to support it being made. I can also support the accused in following through on a libel claim.

Recently I was involved in a discussion with Twitter user @schnookiekins concerning people who publicly name people they say raped them. He supports Michael Nugent’s statement that:

“allegations of rape should be reported to the police, not to bloggers.”

as if it’s an either/or situation. I don’t know of a requirement that compels victims of rape, by the state, to report their perpetrators to the police. Many people have written about why victims don’t report rape, so I’ll leave that there (*smirk* though I do wonder why men don’t report domestic violence? *smirk*).

Shookienis writes:

(The %2 @schnookiekins is speaking of is the 2% to 8% rate of rape claims being false claims)

This is a very well worn argument that I’ve used in the past myself. It’s something I uttered when Sophia Banks took to Twitter to accuse Laurelai Bailey of rape. At the time I thought it was wrong for someone to accuse another person online, but my thoughts have evolved.

In reality, there’s no such thing as a “trial in the media” or a “trial on Twitter”. That line of reasoning is wrapped up in a logical fallacy (Black/White fallacy).

A trial is a legal proceeding that judges a person’s guilt or innocence. A public accusation on Twitter isn’t a legal proceeding, it’s a public statement. Being that it’s not a legal statement (but can be used later in legal proceedings), unless it’s illegal speech (libelous speech), the accusation can be (both ethically and legally) made. If it is illegal speech (defamation cases are civil, not criminal law), the accused does have legal recourse. But the burden of proof for a civil case is MUCH LOWER than a criminal case.

If it isn’t illegal speech, the victim has a free speech right to publicly accuse their accuser in any public forum they which they deem appropriate.

As a bystander, I don’t have to have an opinion concerning the the validity of the claim to support it being made. I can also support the accused in following through on a libel claim.

Am I missing something?

Am I wrong here?