Is the Canadian Legal System… Very Different from Ours?

Edit: This case absolutely blew up on Twitter after I wrote this post, but before the post actually went up (one of the occasional downsides of maintaining a post-buffer). You have probably heard all about the case already.

This is a fascinating case I’ve been reading about in Canada. Might take a few tweets to get the gist of what’s going on, but I recommend reading the whole thread. The short version is that JY is a dude trying to force immigrant women to wax his balls. These women run waxing services, some in their homes, some will drive to your home, but only for other women, and he is suing them for not being willing to wax his “female testicles.”

Part 1:

 

Going through notes to tweet re case 1: JY vs BH. Case is JY vs Sikh woman who declined to provide genital waving services to JY. Of note, defendant works out of her own home in which there are small children present.
Want to provide some background 1st.

— goinglikeelsie (@goinglikeelsie) July 7, 2019

And part 2, Part 3, and hopefully Part 4.

There is a lot to unpack here.

JY is alleging that these women have discriminated against him because he is trans. This is of course blatantly incorrect; they discriminated against him because he is male, which is something they are allowed to do.

(I refuse to refer to JY as female because he is not. He is a mentally ill man who is either a total grifter trying to sue innocent women for the money or a sick pervert with a soft rape fantasy that involves forcing women to handle his genitals against their will. Either way, I will not lie on his behalf, and besides, I am an American so I can use whatever pronouns I want. FREEDOM, BITCHES.)

There is some interesting expert testimony from someone who teaches waxing at the local cosmetology school to the effect of 1. Waxing male genitals is different from waxing other sorts of body parts, so it does take special training and 2. We don’t offer that training, because the kinds of men who want their genitals waxed often demand sex from the waxer and then become angry and aggressive if you deny them. Which is, hahah not funny, exactly the case with JY, who is actually suing women for refusing to touch his balls.

JY is convinced that “Nazis” are targeting him over these cases because you know Nazis, they love standing up for the rights of poor, brown, immigrant women. JY comes across as mentally off; JY’s parents, who should be reigning him in, are just as nuts as he is, if not moreso–they even threatened goinglikeelsie for taking notes on the case. (Since JY looks like a 35 or 40 year old man in his photos, it is very strange that his parents are so involved in his life.)

We used to have this notion that “perverts” exist and women and children need to be protected from them. The fear was always overrated for most people–children are most likely to be raped by their stepfathers/mom’s new boyfriend–but creepy guys who like to dismember prostitutes still exist and are a real concern for prostitutes. This guy wants to force women to wax his balls in front of small children, and the court system, instead of telling him that if he ever goes near a child he will be put in prison, is helping him. Even if the court eventually finds in the women’s favor, they have already been through hell because of this case.

Interestingly, no one seems to be really focusing on what I assume is the central point of the case: was JY denied service because he is trans? This seems like it would be slam-dunk for the defendants–none of these immigrant women seem to even know what the word “trans” means, much less have enough knowledge about it to discriminate on this basis. JY was rejected because he is male, just like all other men who apply for these services. If he wants to claim that this denial is incorrect because he is not actually male, he is just a girl who has a really unfortunate face, then he could easily take that route–but he has not.

Edit: I noticed in some of the later testimony that JY is now claiming to have a penis and a vagina. If JY has an actual intersex disorder, then his case (ought to be) very different. Most people would be perfectly willing to accommodate an actual woman who merely has an unusual medical condition; all he needs is a doctor’s note and a reasonable explanation about what’s going on and people would be fine. Instead he has claimed to be “trans” (which is defined as having a gender identity opposite to your biological sex, implying that he is not intersex,) and is suing these ladies under the standards established for trans people, not intersex. I think he is only claiming to have a vagina at this late stage because of the obvious idiocy of demanding a “brazilian” wax job when you don’t have anatomy in the relevant shape.

The women JY has sued have suffered greatly because of this idiocy. It is obvious that these sorts of services (eg, women going to other women’s homes to give waxes) cannot exist if those women cannot turn down clients whom they find threatening, dangerous, or unpleasant, and that includes the vast majority of men.

As of my writing, the case hasn’t been decided, but if the court decides that they can’t turn down clients just because they have “female testicles,” they won’t start waxing men’s balls, they’ll just shut down their businesses. Women will be out of work and other women won’t be able to hire them for services they wanted (and, let’s be honest, the men who appreciate bikini waxes will be disappointed, too), and there will still be no one willing to wax JY’s balls. (BTW, you can buy wax and wax your own at home if it’s really that important to you.)

Even in the best case scenario, JY won’t even be chased out of town.

Now, I don’t have that much experience with how court cases are actually run in the US, but I know that things like witnesses and evidence have to be decided beforehand, whereas in this case JY seems to be introducing them willy-nilly (and then trying to remove his own evidence from the record when he realizes he brought in something that reflects badly on himself!) How is this allowed? For that matter, why has the judge not reigned them in? Not that the American legal system is perfect (it’s a dumpster fire on steroids,) but, uh, Canada? What is up with your legal system?

Edit: After some reflection, I wanted to add a few more thoughts. Since the publication ban has been lifted, people have begun referring to JY by name, so I’ve switched to calling him Yanive (his last name).

You know, it’s easy to criticize Yanive, but he is doing something valuable:

He is forcing Canada to clarify an apparently badly written and unclear law about “gender affirmative care,” the rights of trans people to be treated as their chosen gender, and not discriminating against trans people. Most people imagine these laws to mean something like:

1. I am selling widgets (houses, cars, stocks, hamburgers, etc) that have nothing to do with gender. You, a trans person, walk into my establishment. I cannot refuse to sell you a widget just because you are trans.
2. You work for me. You come out as trans. I cannot fire you for it.

In other words, if a person would normally be allowed to purchase a good or service, or be employed somewhere, their status as trans should not change this. (The rights of trans people with respect to prisons and medical care are somewhat outside our current scope, since most people don’t run prisons.)

Yanive, however, interprets the law as meaning that since he is a woman, he is entitled any good, service, job, etc, that would normally be reserved for women. IE, if there are male and female changing rooms, he gets to use the female one. If there is a scholarship for female students, he gets to apply for it. If there are female-only dance parties, he gets to attend. And if a nail salon, spa, or waxing parlor says “women only,” then he still gets to frequent them.

Since the story broke, a lot of people, mostly trans activists, have tried to distance themselves from Yanive, saying he’s not a true trans person or that he’s just a grifter, etc., but there is no fundamentally different logic in Yanive’s demand that ball waxing places wax his female balls and demands that trans athletes be allowed to compete in women’s sports or date lesbians. These trends have been going on for a long time, and trying to distance the community now that they happen to have impacted normal humans is disingenuous.

In all of this cultural back and forth, no one (except maybe the Olympics) has bothered to define what a woman actually is, because doing so offends all of the folks who “feel like a woman” but still have testicles. If Yanive is a woman, legally, under Canadian law, then it is kind of weird to turn around and say, “Oh, yes, but you don’t get to do XYZ that other women get to do.” Let’s imagine for a moment that he was simply born a very ugly girl with malformed genitals, but was otherwise undoubtedly female. Would it be sensible to deny her services simply because she is ugly? No, and few businesses would.

The catch here is that, when it comes to actually waxing testicles, people tend to snap out of it and realize that Yanive is not an ugly woman.

The solution, of course, is to realize that self-ID is nonsense. Just because I self-identify as a fighter pilot doesn’t mean the military is going to let me fly a plane. Just because I self-identify as Napoleon doesn’t mean I get to lead the French army. Just because I self-identify as a Yale student doesn’t mean I get to go to Yale, and just because I think I’m Japanese doesn’t mean I am. If certain statuses mean that I am legally or contractually entitled to do things, (fly a plane, attend a school, live in a country, apply for a females-only scholarship, etc) then there has to be some criterion for inclusion that isn’t just “because I want it.” We all want it, buddy.

There are two potential solutions:

1. Government stops caring about your gender identity
2. Female-only spaces/services/jobs/etc go away

I don’t care about your gender identity. I certainly don’t see why the government should care. Should there be separate changing rooms for non-binary? Ambigenders? Demimasculines? No. These terms just describe your personality. As long as your personality isn’t “stabs people,” government shouldn’t care about your personality and certainly shouldn’t be legislating that certain personality types get special treatment.

Government can go back to paying attention to biological sex, with the exception of people who have true intersex disorders (and documentation to prove it). People who have actually had SRS and now look like women (or men) can be allowed to do certain things like use the opposite-sex bathrooms because this is the safest and easiest thing.

The other option is to get rid of female-segregated things. If Yanive gets to identify as a woman with testicles, then so do I. So do you. Any scholarships for girls? We’re all girls. Any jobs open only to women? We’re all women. Female employment? Way up!

The left has spent years breaking down the notion that people have a right to free association. Want to control who comes into your country? Racist. Want to live in a low-crime neighborhood? Racist. Mens’ clubs? Sexist. Firing a gay person? Homophobic. The modern standard is that jobs, housing, universities, neighborhoods, shops, and life generally cannot discriminate against people for immutable characteristics like race, sex, sexual orientation, or disability.

Then the left tries to turn around and re-establish exclusive communities based on exactly those characteristics. It’s an intellectual charade with no underlying consistency other than “because we want it.” Great. Let’s end this charade.