IANAL, but it seems to me if the rights of our community rest on a particular legal argument, and 'born this way' is necessary to that argument, it might be a little rash to undermine 'born this way'!?!
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'Born this way' isn't perfect. It ignores the idea that people *should* be able to choose whatever gender or sex partners they want, regardless. And, BTW certainly doesn't cover everyone's experience. But, by God, BTW gets the job done, legally and culturally.
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Here's a link to further reading, in the form of an essay I wrote a little while back, on how, if I had a choice about whether or not to be transgender, I'd have chosen differently.https://slate.com/human-interest/2018/10/transgender-memo-ideology-condition-choice.html …
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I did not want to have gender dysphoria. If there had been a treatment that could have eliminated gender dysphoria without transiitoning- a treatment to make me cis, at 38, happily married to a lesbian? You better believe I'd have picked that one.
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Coming into this community I have learned so much and benefited so much by people who reject the cis-supremacy I was raised into. I love, respect, and want to hold up those people.
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I believe a world where people could freely choose their gender and change between genders would be a better world. And yet, I did not choose mine. I know that for certain, because I tried so very hard to choose otherwise.
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