Being a civil-law-trained lawyer (no capitals required) does not necessarily make you a competent lawyer. Allowing ideology to cloud one’s critical faculties, as you clearly do, is anti-intellectual in the most basic way.
Your post makes a generic claim that lacks any precision, something that one might reasonably expect not to be seen from an ‘academic’. Understandably, this has already led many to ask you for clarification and I am about to add my voice to theirs.
For the sake of clarity, I am a ‘common-law-trained lawyer‘. The difference is that my training was in the UK, where I also practised for approximately 35 years as both solicitor and barrister. That’s arguing real-life cases in proper court rooms before actual judges In a common law jurisdiction.
Rather than simply add to the requests for you to clarify what you say are ‘anti-trans talking points’ and why they are allegedly ‘unreasonable’, I intend to take a different approach. Feel free, of course, to respond to those other queries too.
It is, I believe, a fair assumption that by ‘anti-trans’ you mean ‘gender critical’, or, as I prefer to term it, ‘pro-women and girls’. Your terminology is, thus, not academically dispassionate, which renders your post nothing more than incoherent polemic, deserving of nothing more than instant dismissal. However, I am going to indulge you, despite that.
The following are some core, fundamental elements of the ‘gender critical’ position. I would be grateful if you could clarify which you consider to be ‘anti-trans’ and why.
1. There are only two human sexes, male and female, defined by reference to the reproductive pathway a specific individual is organised to follow. These categories are mutually exclusive, immutable and objectively definable and observable.
2. It is thus impossible for any male human to become ‘female’ (and vice versa) as an individual’s sex is coded into the DNA at a cellular level in every nucleated cell in the body.
3. The terms ‘man’ and ‘woman’ are not ‘gendered identities’ but sex-based descriptors for, respectively, an adult human male and female. They are akin to the terms stag and hind, stallion and mare, bull and cow, ram and ewe etc. used for other species.
4. Irrespective of whether one accepts whether the concept of ‘gender identity’ has any validity, for all Equality Act purposes, no male person can ever qualify as a woman nor a female as a man.
5. As a discrete sex-class, defined in biological terms, women are entitled to the privacy, dignity, comfort and security afforded to them by single-sex facilities that exclude ALL males, irrespective of how any individual man might ‘identify’.
6. Any man who accesses, or seeks to access, a properly constituted female single-sex facility is at least one of a coloniser, a bully, a pervert, a misogynist, an invader, a narcissist, an abuser and an oppressor. It is likely more than one of those things.
These are not fringe or “unreasonable” positions. They are grounded in biology, statute, and decades of established case law. If you consider any of them “anti-trans” or “unreasonable”, then the defect lies not in the propositions but in your own ideological capture.
The floor is yours, my friend. I look forward to your precise, point-by-point response rather than more vague hand-waving about “reasonableness”. In my 35 years in court, I learned that bluster and appeals to authority rarely survive rigorous cross-examination. I doubt yours will either.