Hate Speech Redefined

JK Rowling, Source https://www.flickr.com/photos/kingkongphoto/46147317015/, Author John Matthew Smith & http://www.celebrity-photos.com, Laurel, MD (CC BY-SA 2.0 Generic)

“Freedom of speech and belief are at an end in Scotland if the accurate description of biological sex is deemed criminal.”

–JK Rowling

Harry Potter author JK Rowling recently had the temerity to identify several transgender women as biological men.

Her comments on this topic ignited a social media firestorm, though Rowling maintains she is deeply sympathetic with those whom Christians recognize as suffering from sexual dysmorphia [1][2].

Transphobes and Gender-Critical Feminists

MSNC called Rowling a “transphobe” and described her statement as “attacking trans women” though among the biological men she mentioned was a rapist [3].

There was briefly an issue as to whether Rowling would be prosecuted under Scotland’s new Hate Crime and Public Order Act [4][5][6].  (See, below.)  The ongoing dialogue on transgenderism actually garnered Rowling death threats.

The Diminished Value of Women

Clearly, any violation of political correctness trumps rape in the Woke hierarchy of punishable crimes (just as perceived racism trumps rape) [7][8].

Biological women, it would seem, have diminished value.

Indeed, the women (now typically termed people who menstruate) defending themselves against the Transgender Movement are today characterized as “gender-critical feminists” [9].

The Christian Viewpoint

The view of Rowling’s critics is that her refusal to acknowledge transgender women as women denies these biological men the dignity to which they are entitled as human beings.

Christians would say that ALL human beings have value in God’s eyes — regardless of their biological sex or gender identification — but that gender dysmorphia distorts perception, depriving its victims of the full lives God intended for them.

It is for this reason and NOT out of hatred that Christians oppose hormone replacement therapy (now known as gender-affirming therapy) and damaging sex-reassignment surgery (now known as gender-affirming surgery).

Scotland’s Hate Crime and Public Order Act

While there is (or should be) a high bar for criminalization — particularly of speech — the scope of Scotland’s Hate Crime and Public Order Act has yet to be tested.

Intended to protect marginalized minorities, the new law makes it illegal to stir up hate based on age, religion, disability, sexual orientation, or transgender identity.  The penalty can include a fine and imprisonment for up to 7 years.

“There should be no threat of prosecution for expressing the belief that, for example, there are only two sexes or genders…”

–Catholic Bishops Conference of Scotland

Unfortunately, there is serious concern that the Hate Crime and Public Order Act infringes on freedom of speech and freedom of religion [10].

Some 3000 reports of hate speech were made within the first 48 hours after the law went into effect.  How many of these complaints were simply prompted by personal vendettas in unknown.  But police have already indicated they will no longer be investigating a number of other crimes, due to limited resources.

And the law’s application is not confined to online comments.  One can envision children indoctrinated at school reporting on remarks made by their parents in the privacy of the home.

Hate Speech in the United States

There is no legal definition of hate speech in the United States [11].  Though it may be offensive and hurtful, hate speech in this country is generally protected by the First Amendment.  Hate speech may be vile, but it is not a threat.

By contrast, hate crimes are overt acts motivated by bias which can include violence and threats of violence against persons or property, the violation of civil rights, and conspiracy to commit such acts.  They are punished accordingly.

Let us pray that the distinction and the protection both remain in place.

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[1]  Glamour, “A Complete Breakdown of the JK Rowling Transgender-Comments Controversy” by Abby Gardner, 4/2/24, https://www.glamour.com/story/a-complete-breakdown-of-the-jk-rowling-transgender-comments-controversy.

[2]  Mt. Sinai Hospital, “Gender dysphoria”,  https://www.mountsinai.org/health-library/diseases-conditions/gender-dysphoria.

[3]  MSNBC, “JK Rowling challenged Scotland’s new hate crime law by attacking trans women” by Clarissa Jan-Lim, 4/3/24, https://www.msnbc.com/top-stories/latest/jk-rowling-scotland-hate-crime-laws-transphobic-rcna146183.

[4]  UK Legislation, “Hate Crime and Public Order (Scotland) Act 2021”, https://www.legislation.gov.uk/asp/2021/14/section/4.

[5]  BBC, “How is Scotland’s new hate crime law going?” by James Cook, 4/5/24, https://www.bbc.com/news/uk-scotland-68746512.

[6]  Reuters, “JK Rowling will not face action under Scottish hate crime laws, police say” by Paul Sandle, 4/2/24, https://www.reuters.com/world/uk/uk-government-backs-jk-rowling-scottish-hate-crime-law-challenge-2024-04-02/.

[7]  Bartleby, “Caliban in William Shakespeare’s The Tempest:  The Victim Undercover as a Villain”, https://www.bartleby.com/essay/Caliban-in-William-Shakespeares-The-Tempest-The-FKF2E6AVJ.

[8]  EWTN, “Great Books Every Catholic Should Know – Saints and Sinners – The Tempest”, https://ondemand.ewtn.com/free/Home/Play/en/GBE23006.

[9]  Wikipedia, “Gender-critical feminism”, https://en.wikipedia.org/wiki/Gender-critical_feminism.

[10]  YouTube, “EWTN Nightly News:  Reaction to New Hate Speech Law in Scotland – Catholic Bishops Worried New Law in Scotland May Infringe on Religious Liberty”, 4/3/24, https://www.youtube.com/watch?v=X0bkh65RLO0.

[11]  American Library Association, “Hate Speech and Hate Crime”, https://www.ala.org/advocacy/intfreedom/hate.

READERS CAN FIND MY VIEWS ON ABUSE AND ABUSE-RELATED ISSUES AT ANNA WALDHERR A Voice Reclaimed, Surviving Child Abuse 
https://avoicereclaimed.com