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Nebraska governor signs executive order defining men as "bigger, stronger and faster"

Nebraska governor Jim Pillen, a Republican not noted as a women’s rights supporter, yesterday issued an executive order “defining” males and females and the attributes thereof. The anti-transgender political grandstanding offers fusty explanations of the sexes–men are “bigger, stronger and faster” on average–in pursuit of Rowling-esque calls for sexual segregation (and even echoing her ostensibly feminist rationales) and not a lot else.

The order declares that, in matters of the state, the “biological differences between the sexes are enduring” and that the “sex” of a person will be defined by the gender designated at birth. In addition to specifically noting how boy, girl, man, and woman will be defined, the order also includes biological descriptions. …

“It is common sense that men do not belong in women’s only spaces,” Pillen said in the news release. “As Governor, it is my duty to protect our kids and women’s athletics, which means providing single-sex spaces for women’s sports, bathrooms, and changing rooms.”

The reaction, at least from Democrats, is to point out that if it were enforced, the likely outcome would be Nebraska losing federal funding for womens’ shelters.

“Today Governor Pillen, famous women’s rights supporter, signed this offensive and ridiculous proclamation establishing a “Women’s Bill of Rights.” He should try saying this stuff to my face then we would see who’s got what biological advantage,” wrote State Senator Megan Hunt on Twitter.

bomberesque1 ,

Man in political power has such fagile masculinity that he legislate what he can’t demonstrate

… did he live in a mojo dojo casa house by chance?

cupcakezealot ,
@cupcakezealot@lemmy.blahaj.zone avatar

Almost as if all anti trans bigotry is based in misogyny

SocialMediaRefugee , (edited )

I can hear the “Six Million Dollar Man” theme music playing while reading that headline

jray4559 ,
@jray4559@lemmy.sdf.org avatar

There is a missing “on average” in the title of this headline, which completely negates the oniony part of the sentence.

This bill did not say that men were exclusively bigger, stronger, and faster, or that women weren’t. It just said that, on average, they are, which is true.

Why that is in an executive order, honestly, there is no good reason for it, but the principle is still the same: lying by omission is still lying, especially in a culture where people only read headlines.

g0nz0li0 ,

Why that is in an executive order, honestly, there is no good reason for it,

You got it right here but nevertheless missed the point pretty hard. What he said and how he said isn’t the point of the article: what he did and why he did it is what is newsworthy.

Ilovethebomb ,

It’s about transgender athletes, I’m guessing.

AssPennies ,

Guess no one in that state has met Starla. Nobody thinks I’m a failure because I go home to her at night.

zarathustra0 ,

Daft Punk - Harder, Better, Faster, Stronger

systemglitch ,

This bothers people? With the insanity going around with trannys, this is an expected outcome tbh.

SCB ,

No-chin incels in shambles lmao.

Delusional ,

That guy definitely watches trans porn daily.

figaro ,

According to chat gpt:

Are there instances of someone being born “female” but their reproductive system is not developed to produce ova?

Yes, there are instances where individuals are born with female external genitalia but do not have fully developed reproductive systems to produce ova. This condition is known as Mayer-Rokitansky-Küster-Hauser (MRKH) syndrome, or simply MRKH. In MRKH syndrome, individuals typically have a vagina and external female genitalia but may lack a functional uterus and, in some cases, may not have fully developed ovaries. As a result, they may not be able to conceive children naturally.

This condition highlights the complexity of human biology and serves as an example of how one’s biological sex may not always align with traditional expectations. It reinforces the importance of recognizing that individuals’ experiences of their own bodies can vary widely and that gender identity and biological sex are not always perfectly congruent.

Furthermore, there are several other medical conditions and intersex variations that challenge the idea that biology alone can definitively determine one’s gender identity. Here are a few examples:

  1. Congenital Adrenal Hyperplasia (CAH): CAH is a group of genetic disorders that affect the adrenal glands, leading to variations in hormone production. In some cases, individuals with CAH may have external genitalia that do not align with typical male or female appearance.
  2. Swyer Syndrome: Swyer syndrome is a condition where individuals are born with XY chromosomes but have non-functional testes and develop typically female external genitalia. This condition highlights the importance of chromosomes not being the sole determinant of gender identity.
  3. 5-alpha-reductase deficiency: This condition can result in individuals born with male chromosomes but ambiguous or female external genitalia due to a deficiency in the enzyme responsible for converting testosterone into its active form.
  4. Klinefelter Syndrome: Individuals with Klinefelter syndrome have an extra X chromosome (XXY), which can lead to variations in physical development, including less masculine secondary sexual characteristics.

These conditions, among others, demonstrate that biological sex is not always straightforward and that it doesn’t always align with an individual’s gender identity. They emphasize the importance of considering multiple factors, including an individual’s own understanding of their gender, when discussing matters related to gender and sex.

Karyoplasma ,

ChatGPT is not a knowledge source and should not be treated as one. It’s trained to be a creative, context sensitive writer. You can equally make it produce a text that denies that.

getynge ,

Jokes on you I’m none of those things

afraid_of_zombies ,

How Christian of him.

30mag ,

Headline is clickbait. The executive order does not define men as “bigger, stronger, and faster,” and the headline contains zero information about how the executive order actually does define “sex”. This shit really gets under my skin. Misinformation like this makes it more difficult to educate people about what is wrong with the system, why it needs to be changed, and the actions necessary to change it. It greatly reduces a person’s ability to advocate for a cause effectively.

The bigger, stronger, faster part is in the section of the order called the preamble, not part of the definition. The preamble is all the WHEREAS shit you see at the beginning of bills and explains the rationale for the bill, or executive order as is the case here.

A preamble may be inserted between the title and the enacting clause of a bill for multiple reasons: to explain the state of affairs that caused the bill to be introduced; to make clear the purpose of the bill; as a sales pitch to improve the chances of enactment; or to serve some other purpose of the sponsor. A preamble is not a part of the enacted bill.[source - pdf warning]

In this instance, the preamble is grandstanding, and the article even refers to it as such:

Nebraska governor Jim Pillen, a Republican not noted as a women’s rights supporter, yesterday issued an executive order “defining” males and females and the attributes thereof. The anti-transgender political grandstanding offers fusty explanations of the sexes–men are “bigger, stronger and faster” on average–in pursuit of Rowling-esque calls for sexual segregation (and even echoing her ostensibly feminist rationales) and not a lot else.

Here’s the preamble, which doesn’t mean shit:

WHEREAS, males and females possess unique and immutable biological differences that manifest prior to birth and increase as they age and experience puberty;
WHEREAS, biological differences between the sexes mean that males are, on average, bigger, stronger, and faster than females;
WHEREAS, women have achieved inspirational and significant accomplishments in education, athletics, and employment;
WHEREAS, biological differences between the sexes are enduring and may, in some circumstances, warrant the creation of separate social, educational, athletic, or other spaces in order to ensure safety and/or to allow members of each sex to succeed and thrive; and
WHEREAS, inconsistencies in court rulings and policy initiatives with respect to the definitions of “sex,” “male,” “female,” “man,” and “woman” have led to endangerment of single-sex spaces and resources, thereby necessitating clarification of certain terms.

This is the part that contains information about defining someone’s “sex”, and is actually enacted:

NOW, THEREFORE, I, Jim Pillen, Governor of the State of Nebraska, under and pursuant to the authority vested in the Governor by the Constitution and the laws of the State of Nebraska, do hereby order and direct the following:

  1. In the promulgation of administrative rules, enforcement of administrative decisions, and the adjudication of disputes by administrative agencies, boards, and commissions, all state agencies, boards, and commissions when using the following terms shall, to the fullest extent permitted by law, define them as follows:
    a. a person’s “sex” is defined as his or her biological sex (either male or female) at birth;
    b. a “female” is an individual whose biological reproductive system is developed to produce ova; a “male” is an individual whose biological reproductive system is developed to fertilize the ova of a female;
    a. [sic] “woman” and “girl” refer to human females, and the terms “man” and “boy” refer to human males;
    b. [sic] the word “mother” is defined as a parent of the female sex and “father” is defined as a parent of the male sex;
  2. There are legitimate reasons to distinguish between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, and other areas where biology, safety, and/or privacy are implicated;
  3. Any public school or school district and any state agency, department, or office that collects vital statistics for the purpose of complying with antidiscrimination laws or for the purpose. of gathering accurate public health, crime, economic, or other data shall identify each individual who is part of the collected data set as either male or female at birth.
    This Executive Order shall become effective immediately and shall expire upon the effective date of state law governing participation of biological males in female athletics and prescribing environments where single-sex dedicated services and/or facilities should be provided.
    IN WITNESS THEREOF, I hereunto set my hand and cause the Seal of the State of Nebraska to be affixed this 30^th^ day of August, 2023.
dragonflyteaparty ,

I honestly think that’s semantics. If the preamble doesn’t matter, then why is it there? Why have it if it doesn’t mean anything? Just because one is called a preamble and one a definition doesn’t mean that people won’t use either as the “real” definition. Maybe you could have argued that several years ago, but you certainly can’t now.

30mag ,

I may be incorrect, but I do not believe this is sematic.

If the preamble doesn’t matter, then why is it there? Why have it if it doesn’t mean anything?

I had a short explanation in my comment: A preamble may be inserted between the title and the enacting clause of a bill for multiple reasons: to explain the state of affairs that caused the bill to be introduced; to make clear the purpose of the bill; as a sales pitch to improve the chances of enactment; or to serve some other purpose of the sponsor.

Just because one is called a preamble and one a definition doesn’t mean that people won’t use either as the “real” definition.

The actions the government are to take to enact this order are described after this portion of the order:

NOW, THEREFORE, I, Jim Pillen, Governor of the State of Nebraska, under and pursuant to the authority vested in the Governor by the Constitution and the laws of the State of Nebraska, do hereby order and direct the following:

That does not include the preamble.

dragonflyteaparty ,

I do see what you’re saying, but I’m talking about it in practice of the current political climate, not the ideal, normal way of doing things.

funkless_eck ,

IANAL but isn’t there an issue with “if any data is collected it must define someone as a man or a woman” doesn’t allow there to be an “unknown.” Therefore you could potentially skew things like crime or Healthcare statistics by counting all unknowns as one gender or the other.

Secondly, the definition “shall identify each individual… as male or female at birth” also provides a problem as one presumably can now kick back a whole bunch of stuff with the message “yes but this data doesn’t contain their sex at birth, please provide birth certificates for all 128,323 members of this list”

30mag ,

isn’t there an issue with “if any data is collected it must define someone as a man or a woman” doesn’t allow there to be an “unknown.”

It seems so to me.

SCB ,

We all knew where this was going and making fun of the preamble is way more fun than going “well shit there’s another state ruining lives.”

30mag ,

My apologies. Carry on.

obinice ,
@obinice@lemmy.world avatar

I’m not from there and didn’t know where it was going, and this user’s explanation is very important, I’m glad they shared it <3

Duamerthrax ,

So if a body builder woman beats him up in one-on-one combat, he’ll have to be redefined as a women? Where’s the Celebrity Death Match reboot?

pdxfed ,

I think he would be arrested for violating his gender assigned at birth?

Duamerthrax ,

All the more motivation for “him” to put up a good fight.

Muetzenman ,
@Muetzenman@feddit.de avatar

The order sayes “on average”

olafurp ,

Wonder what caused him to not just write “better”

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