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| Tania Luna received his ID card the December 2, 2010. His was the first case in Latin America that did not require genital modification. Image: Freire Sebastian |
The judge's ruling Miguel Güiraldes-not only ignored the gender identity Abrodós Maiamar but claims to have done to protect itself, its "self-destructive madness" - is a piece seated in a long, stale paternalistic and authoritarian legal tradition that holds itself up as a policeman of desire and moral order. What do these texts? Who produced this material? Why continue to enjoy prestige?
By Mauro Cabral "The 'transsexualism' offers irrefutable proof psychoanalyst their error in psychopathology. "
Jean Allouch
Jean Allouch
The good news is like all good things in life: a * is customary. And in Argentina and we were getting used to the good news about legal recognition of gender identity. On 30 March, a court ruling struck actress hopes Maiamar Abrodos, denying him recognition as both a judicial authorization required for operation. And the good news shook the habit.
Not only we were getting used to the conclusion of each successful defense. The very terms of debate had become common: recognition, depathologization full access to hormone treatments and surgery. Dignity: from the beginning to the end of the entire judicial process. The ruling signed by Judge Miguel Güiraldes denies each of these terms, registering a despicable explicitly normative legal tradition in Argentina. It is a tradition which combines a natural law that it could adjectives canon, a policeman turned Lacanian psychoanalysis of desire and a humanist bioethics alike combining moralizing and paternalism, a tradition that has degraded and degraded to trans people and their demands, says Geoffroy Haurd of the Marre, "on behalf of general interest, the symbolic order of society and, above all, the sacred sexual difference." ***
In recent years we have learned to recognize and combat a particular way of defining transsexuality in pathological terms, ie as a disorder of gender identity, as the regulating fourth revised version of the Diagnostic and Statistical Manual of Mental Disorders (also known as DSM-IVR). And we have undertaken the task of building the arguments collectively make possible access to hormonal and surgical modification of the body without a necessary step for that diagnosis.
Blas R. is the first trans man to obtain the change of identity. It was the December 29, 2010. Unlike many other contemporary judgments, the failure of Güiraldes is positioned strongly in favor of a definition of transsexualism as a disease (in his vocabulary, as transsexualism). However, this definition has a foundation different, and even strongly critical of the DSM-IVR and the worldview that produced it. That foundation is the French Lacanian psychoanalysis usually identified with the names of Catherine Millot (Exsexo author), Patricia Mercader (author of The Illusion transsexual), Henry Frignet (author of transsexuals) and vari otr * s * s (as Chiland the infamous Colette, whose psychoanalytic seems transphobia saving us, for now, the lack of translation of his books into Castilian). The reception vernacular that psychoanalysis has been in charge of author * s * sa explicitly call a sustained argument Güiraldes failure (such as Camps Marina Merlo author of Sexual Identity and Law. Interdisciplinary study of transsexualism, and Maurice Mizrahi, author of homosexuals and transsexuals, among otr * s genuinely offering of the psycho-right-wing jurists in Argentina). ***
Jean-Pierre Lebrun, in his "Foreword" to Frignet book, states: "Since the dawn of time, human beings are compelled to accept and admit that sex belongs is the feminine side , is the male side. Although this situation he dislikes, has no choice: it is born is born male or female and must adapt to it. " This is the position of Güiraldes. It is also the position of Camps Merlo, Mizrahi and psychoanalysts tod * s * s to call. From that position, trans people would not do more than (try to) evade that obligation, refusing to accept sexual truth of our being and stating that, to the annoyance, there are other choices. Change sex, for example. That would be, precisely, the "illusion" transsexual Millot & Co. reported. Our inability to clearly pathological, to assume the "sexual differentiation", our urge to escape from the human, first to escape the "human sexual bipartition (Mizrahi). Because you have to say it: ours is psychosis (more or less compensated). The so- called "foreclosure of the Name of the Father." Our D word is not "demand" nor "law" is "delusion." Defined by Marina Camps Merlo, "transsexualism is a disorder of the socio-psychological development of sexual identity."
Despite its manifest inconsistency, our * s lawyers give them space in their texts to the most varied versions of transsexualism psychoanalyzed. You may then accuse us, while ignoring the significant nature of sex and reduce it to mere anatomy. And both are guilty of trying to become beings of the opposite sex as members of a third sex, in the background (I quote Mizrahi, who cites Millot), embody the desire to "belong to the sex of the angels." For the judge Güiraldes, demand for the recognition of transsexual gender identity and access to body modification is simply an attempt condemned the "self-alienation" and, therefore, legally viable.
(If you just sigh with relief because they're transgender, Dr. Camps Merlo reminds you that transsexualism "paraphilic exhibitionism is treated as interested in how it is viewed by others." Now I read on.)
***
psycho-legal phobia towards transsexualism as alienation does not stop at the individual self, since the change of sex is one of many symptoms that would evidence a deep social pathology West.
What the West is sick? He is sick of scientism (and, lo and behold, the submission of the unconscious to a nomenclature of psychiatric diagnoses in the manual would be another of their symptoms, fueled by the U.S. pharmaceutical industry). Güiraldes failure clearly states: "As we are accustomed to make things work with the push buttons and moving levers, we believe we can rely on technological progress to solve nuestros problemas existenciales”. Y desde el atavismo de esta posición, las intervenciones hormonales y quirúrgicas destinadas a encarnar la identidad de género se le aparecen como “arte de magia”.
Las objeciones psico-jurídicas a la “magia” biotecnológica son, otra vez, paradójicas. Una y otra vez se desmiente la capacidad de la tecnología para producir cambios de sexo exitosos, o bien porque los desarrollos de la técnica son insuficientes (para crear, por ejemplo, genitales masculinos), o bien porque hay rasgos esencialmente inmodificables (como los cromosomas). Y sin embargo, esa incapacidad parece necesitar del constante reaseguro de una advertencia tan antigua como Divinity and Law: "You will not create." Quoting again Güiraldes inspired prose, "this spirit of independence, which is even regarded as capable of changing the unchangeable, is based on a clear voluntarism that ignores data that gives us the given reality, a reality that we can perceive, but not create. " The paradox gets worse when it comes to the historical relationship, and currently between medicine and transsexualism.
December 14, Flor de la V got in their ID stating their name: Florence Trinidad. According to the trial judge, his lawyers psychoanalysts yal * s * and otr * s read, the "illusion" transsexual is set in a lawsuit whose power is held not only in the "proselytizing" transsexual, but also in the "fascination" by the media for sex. This demand has come to reduce medicine to a state of impotence free: l * s professional doing what transsexuals l * s request. Lebrun says it all: we must ask "on a medical practice in response to demand more or less accepted that men and women maul an irreversible manner." This reading-matched, unknowingly, with proposing Bernice Hausman in Changing Sex-match, however, another quite different. L * s transsexual, then a severe mental enferm * s are at the mercy of medical omnipotence and the uncontrollable desire for experimentation. Güiraldes himself says: "Doctors who perform these operations are a manipulation of the human organism unworthy of their profession (...). It seems that those advocating such practices are imbued with the sense of omnipotence scientistic believed that nothing is impossible for knowledge of science and, consequently, these transactions constitute a challenge that encourages them to continue experimenting with human beings like animals without dignity. " Luckily
animals and subjects worthy the right not to be subjected to experiment, come populate her nightmares. "The unavoidable question (say Mizrahi), then, if science has not become a threat to humans, if you have not given birth to a 'snake'." And speaking of snakes, it is time to recognize that illusion to blame for the transsexual is not only science but also, of course, feminism.
Last week, the judge denied Michael Güiraldes Maiamar Abrodos actress sex change by surgery and modification of registration data. Yes, feminism. L * s right psycho-legal experts will have horror to feminism in general and gender in particular. An unoriginal horror, admittedly, since it seems like two drops (or the same drop) of water to the horror that is the Vatican. To Frignet, for example, transsexualism occurs in "the erasure of the concept of sex, gradually replaced, under the influence of recent socio-anthropological theories, the notion of gender" (which, as is known, is clearly symptomatic " social rejection of sexual difference. ") Gender mainstreaming as Merlo Marina Camps, "is a purely subjective and individualistic vision of their own sexuality as well as the person human. " The only capable of sustaining "a conception of freedom understood as radical personal autonomy." What we have arrived.
With good reason that all this gives Güiraldes "chills." ***
Since transsexualism is a disease, is, says Mizrahi, "outside the sphere of freedom of action", since "the fundamental right to assist those who suffer a disease is not the exercise of freedom, of autonomy to give free rein to his illness, but basically a right to health. " (Again the animal revenge. This time, the runaway horse.) From this characterization is easy to see why this psycho-law is essential to protect: our body is yours.
Let us at first, because not all bad news. Transsexualism is certainly curable, and it is through the Word (ie, psychotherapy designed as a place for the return of the Act). However, in any case, through surgery and hormones (even in cases in which the Word could not work miracles). Maurice Mizrahi will read: "mutilating operations should not remain dormant, or constitute a viable option to eventual failure of the psychotherapeutic treatment. This is because the ability to run those forecast the likely failure of the latter. The tranny should know that in no case may go to surgery transformation. " Any resemblance to arguments against divorce and anti-abortion is, of course, intentional.
In this sense, the failure of Güiraldes is exemplary. Not content just to protect the plaintiff against the deceptions of his own will and against the siren call of the medical profession. Nor to protect the common good is threatened by the circulation of sex chimeras legally recognized as women or men. Nor to rule in favor of retracing the tortuous road trauma experienced by transsexuals, back on our feet carefully because trying to straighten the direction of their lives through a shortcut may lead to an abyss of no return (yes, it says.) Güiraldes operator becomes legal in organic carrier, protecting the balance of nature in "our own body and soul," and in the world. Match right there with Merlo Camps for transsexualism who puts in jeopardy the very human natural ecosystem, "It involves a betrayal of the innermost being of the individual self, your family." ***
One of the most striking aspects of this peculiar intersection between psychoanalysis and regulations nosological and law is the concern (yes, the concern) of psychoanalysis by law. A Henry Frignet, for example, is concerned about "the amazing contortions that the law imposes transsexualism (by forcing, for example, it is possible to recognize a truth other than medically certified birth certificate). In this climate epoch of decline of the Name of the Father, the laws are in open opportunities for the implementation of the Act crisis and that is where this analysis reveals the orientation of the police, saying each and every time for restitution loss of sexual difference between such proliferation of sex. Law and Order, Paris, Buenos Aires. And, for Marina Camps Merlo, "personal sexual identity has lost the legal significance that is innate." And what is worse: "Sexual orientation has been occupying the place that had progressively sexual identity." So there is no law to hold, or right to resist.
Writing about the psycho-French jurists and public activism against the rights of same-sex couples in France, Judith Butler pointed out, in his text on the relationship, the cruel irony of this position: the deployment of speech existing borders and who are willing to defend everything * sa. And he speaks well, and above all, of the thousand and ways in which these borders are ceasing to exist. Güiraldes failure is an injustice and sorrow over the lives of Maiamar, and that of everyone * s us * s, and one day soon be a document of past times in your life and ours. ***
All this reminds me of a bad, terrible, American film, excuse the Bafici. It's called Constantine. Its protagonist, played by Keanu Reeves, faces daily the challenge of preventing things of Heaven and Hell come to this, our world. Ie: the earth, your world. And although there are limits and are well marked, angels and demons in their efforts do not stop. Worse, angels and demons are constantly increase or decrease the space field, polluting the territory so well guarded with unbearable ambiguity (ambiguity body, gender, sexuality). In short, moral ambiguity. They come, keep coming. It is precisely for this reason that Constantine and his friends have jobs. A lot of work. A work of those that never end. So much so that by the end of the film, and his life, "the protagonist gets an extension. He's dead, but can go on living. And working. Working in the same, against all evidence, the world is no longer the same and the time of his reign has lasted, frankly, too.
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