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| Judge Lawrence VanDyke of the 9th U.S. Circuit Court of Appeals (YouTube) |
I wrote this assuming that the paper would dash out the word "dicks." To their credit, they did not. Score one for candor.
Context is important.
For instance, before we dive into today's topic, I would ask you to consider the respectable business establishment, Dick's Sporting Goods, which I patronize and recommend for its wide selection and affordable prices.
Now, imagine a roomful of detectives, hunting for clues. We could refer to them colloquially as "dicks."
Have I softened you up for the opening line of 9th U.S. Circuit Court of Appeals Judge Lawrence VanDyke's dissent in "Olympus Spa v. Andretti," which dropped last week, setting the legal world abuzz? Let's see.
"This is a case about swinging dicks," VanDyke began. "The Christian owners of Olympus Spa — a traditional, Korean, women-only, nude spa — understandably don't want them in their spa. Their female employees and female clients don't want them in their spa either. But Washington State insists on them. And now so does the 9th Circuit."
The case is relevant in our world where a basic fact of nature — some people born male want to live as women, and vice versa — has become a political hobbyhorse that will only see more use as the mid-term elections approach and the Republicans seek to light a fire under their base, chilled by the skein of jaw-dropping disasters their policies have wrought.
Back to VanDyke, who recognizes the shock value of his language. He continues:
"You may think that swinging dicks shouldn’t appear in a judicial opinion. You’re not wrong. But as much as you might understandably be shocked and displeased to merely encounter that phrase in this opinion, I hope we all can agree that it is far more jarring for the unsuspecting and exposed women at Olympus Spa — some as young as thirteen — to be visually assaulted by the real thing."
Shock is a funny thing. While it seems natural, to those shocked, it also is very specific to certain times and places. White Southerners in the 1950s were shocked at the thought of Black people sharing their swimming pools. Meanwhile, in Japan, men and women bathe naked together in public baths without batting an eye. It's cultural, not natural.
Conservatives, remember, are capable of amazing feats of imagination, when the spirit moves. They have no trouble confabulating a fetus the size of a grain of rice into a full grown "baby," nor any hesitation dictating the most intimate decisions of biological women based on that feat of fantasy. Considering trans women as women should be a piece of cake.
Instead, we have VanDyke deploying words like "woke" and "man" with barely concealed contempt — to me, that is the shocking part. There is no question there are slivers of life where the existence of trans people pose challenges to be sorted out. Girls high school athletics come to mind. It's that sense of angry grievance that is sad and puzzling. Why must MAGA always be the victims?
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Are you sure about men and women bathing nude together in Japan?
ReplyDeleteYes.
DeleteA lot closer to home, there's a place where men and women bathe and swim naked together in public without batting an eye. That place is called Florida...deep red, Christian, fascist Florida. And those bathing and swimming spots are called nude beaches. Figure that one out. I'll wait.
DeleteOr maybe they're all gone. Like all my Florida kinfolk, who are now either elsewhere or dead. Love the sand, sun, and surf, but I will not set foot or spend a nickel in Florida. Two visits in the last fifteen years. Like that old song about New York's Bowery, I'll never go there anymore.
I see it this way, as long as the guys who want to be girls have their genitals, they can't go into a women's only place.
ReplyDeleteSeems logical to me.
Clark is correct.
DeleteI say come on in -- as long as everyone remains clothed. Share a multi-stall bathroom as long as all stalls are enclosed & private. That said, as a woman who has been assaulted, I would not want to enter a bathroom or any vulnerable setting with genetic born males. I have experienced the damage the male of the species can afflict.
ReplyDeleteAt the risk of probably being bullied by some of the types on this blog, I have to agree with you. Women's locker rooms and such at the gym were always a safe space, where women can gab and be themselves, walk around unclothed if they choose to. Although I have never felt comfortable doing that even with only women. But it seems to be women who have to compromise in these situations. And my girls are grown, but I'll tell you I would not have taken them anywhere near a locker room with trans women who had their biological parts hanging out. It is hard enough to be a young girl. And my feelings all may be colored by a boomer mentality, and that's fine. Likewise, it doesn't make me a Trumper or MAGA. Just thought I'd mention that, since last time I dared to express my desire to keep my family close, even the ones who don't think like me, I was chastised for not disowning them.
DeleteNo bullies here. Honestly, I've been in locker rooms all my life, and never noticed anybody's junk "hanging out." Maybe because I don't look. I'm not disputing how nice it is to never encounter anything different from one's own self. The column was really about the meanness of it. It's something that, were it unfold without political cant, would be a non-issue. Like gays wanting wedding cakes. It's a tiny issue being blown out of proportion for political purposes.
DeleteThanks, Neil, for the assurance of no bullying allowed. That being said, of course you never noticed a guy's "junk" hanging out. You're a guy! And I think it probably goes a little deeper than just being around people who are just like me. I actually live in a pretty diverse area, but I guess in a ladies locker room, there would be a couple things we share. And bring on the cake, whether gay or straight.
Delete"It's a tiny issue being blown out of proportion for political purposes." There's absolutely no question about that, and, sadly, the issue helped contribute to the orange felon getting elected again.
DeleteThe "She's for they / them, he's for you" ad was utter bullshit, because she was for *everybody* and he's only for himself, but it seemed to be effective.
As I write this, 4 folks have expressed their opinion about the issue on a liberal's blog and they all agree that dicks in the women's locker room is a bridge too far. Which makes me the 5th.
I don't study the people in a locker room, either, but regardless of what happens in Japan or other countries, I can certainly understand many American women not wanting to see a person with a penis joining them in a space where nudity is the policy. I support people being whomever they want to be, but using a private stall in a restroom seems quite different to me than this case.
"It's something that, were it unfold without political cant, would be a non-issue." I really don't think that's true, though I could certainly be wrong.
If dicks in a women's spa is "perfect," I would suggest that trans people being accepted, short of showing dicks in a women's spa, is "good," and that this is one of many, many examples of "the perfect being the enemy of the good" when it comes to what's happening in this benighted nation.
Carol is right. And now women's rights I guess take a back seat again.
DeleteIt amazes me how puritanical yet genitalia obsessed our society is.
ReplyDeleteDay after day the right yells from their pedofile protecting towers about freedoms and small government as they force their opinions and rules on everyone else.
Our government was designed to protect our (the people's) freedoms, not shove our genitalia down the throats of the powerless in an effort to show how powerful we are.
I'm often reminded of a crude yet effective stance that was shared with me many decades ago… Religion is like a penis. I'm glad you have it. You can be proud of it. You can use it how ever you want at home. But don't take it out in public and don't shove it down my throat without my consent.
To me -- and yes, I am an idiot -- it seems simple. If there is nudity involved, your outward physical appearance must be the backstop in safety, especially for single sex locations. That doesn't mean there can't be a coed nude bathing place, which would solve that problem. If you are trans, but still have the outward sexual organs of the opposite sex, society isn't ready for you to be naked with people who present their physical sexual organs as the oppsite sex. We should however, make it easy for those individuals to present with sexual organs that represent who they are. rendering this entire "dick" issue moot.
And lastly… as this is a female/woman's bathing space i do not believe that men or males should be able to have a voice in this. The same goes for abortion. If you are a man and you don't believe in abortion don't get one. If you're worried about the woman you're sleeping with getting one, don't sleep with her. problem solved. Life, liberty, and the pursuit of happiness is a personal thing, don't tell me how to live my life by your rules; we should all have to live our lives by the same set, and news flash, they're the American constitutional rules, not yours or mine.
Republicans are cowards and fascists and obsessed with rape. That's right, you read that correctly. They are obsessed with forcing themselves on you without your consent. Sometimes that's sexually, sometimes that's morally, sometimes that's economically, but it's always forced on your against your will. and that is the definition of rape. And like Donald Trump says, they let you do it.
Thank you, very well said! I agree 100%
DeleteI understand what you are getting at but that is not the dictionary definition of rape.
DeleteSanford, as I understand it -- and believe is reflected by Merriam-Webster at https://www.merriam-webster.com/dictionary/rape -- rape is also defined as "2: outrageous violation" and "3: an act or instance of robbing or despoiling or carrying away a person by force."
DeleteShock is a funny thing. While it seems natural, to those shocked, it also is very specific to certain times and places. White Southerners in the 1950s were shocked at the thought of Black people sharing their swimming pools. Meanwhile, in Japan, men and women bathe naked together in public baths without batting an eye. It's cultural, not natural.
ReplyDeleteYes context is important but as you often detail words and their meanings are important too.
While some white Southerners may have been shocked most of them were enraged.
In Japan men and women bathe together at public baths if they choose to.
They also have the option of gender segregated or private baths.
While gender transition has been shown to have a natural component there is also a cultural component that has grown over the last few decades
People want to carve out space where they feel comfortable and safe and should be able to do this.
We are working through this eventually we will probably have all the different spaces for people with different needs.
Unfortunately we're having a lot of trouble working this out and often turn to the courts who seem to fail in this realm more often than not.
As a Young Man I didn't know any people who had gender transitioned now I know many. I assume there were people who wanted to but it just was impossible now it's possible and we've worked some of these things out we just got a long way to go.
Here in New Mexico The rustic Hot springs have areas for private bathing they also have public baths where clothing is optional and public baths were clothing is required. You choose the space that suits you .
Where people choose to bathe in the nude they do not require everyone to be nude.
Sometimes I bathe privately if I want to pay an extra few dollars most times I bathe publicly in the nude.
Franco
"The modesty argument doesn't work as well for Muslim girls who want to wear a hijab to school". Why not? Are there public schools that are preventing them from doing this?
ReplyDeleteAnd this is where your talent ascends so quickly.
ReplyDeleteI don't know whether it's from writing experience, or having had good editors, or something else. Your ability to clearly and consistently lay out the facts of your topic, then summarize, comment, and close is outstanding.
At first, the reader has no idea where you're going. However, you tell us all that we need to know in just a few sentences. Adding in the part about hijabs forces us to stop and think. Then you confirm the fact with the other judges' opinions. capping it off with your conclusion.
Thank you for your writings. We are very fortunate to read your work.
I'm just not in agreement with Mr peanut I've read this post three times and I'm not exactly sure what your point is.
DeleteShould men that have transitioned to women be allowed in an all women's nude spa?
If they're not allowed by judicial decision are you looking to have the judge be nicer about it?
I know I'm dense but honestly what is your point of view on this?
Does the judge really have an assault rifle mounted to the wall behind him?
ReplyDeleteA jerk like VanDyke, deploying words like "woke" and "man" is probably a big enough clown to have a fake plastic replica on the wall behind him. At least, that's what it looks like. But I'm not much of a gun guy, so maybe it's the real deal.
DeleteClearly remember a felon smuggling a gun into a courtroom, and the judge producing a handgun of his own...either from behind the bench or from beneath his robes...and he blew the guy away. But he was a TV judge...on Hill Street Blues.
In a Federal courtroom at Dearborn and Jackson, in 1992, three weeks before I left Chicago for good, a convicted bank robber was being sentenced. His wife gave him a gun. He shot two officers and made it to an elevator. On the parking ramp that led up from the underground garage, he was cornered and he offed himself.
Worked across the street and was on my lunch hour. Got there just in time to see the body, the gun, and the blood. Same image that was in the next day's Sun-Times. Shit does happen in courtrooms, but it's very rare. Either this jamoke remembers, or he watches a lot of TV. Or maybe he's just another magat glassbowl.