Against (Virtually) Normal: Law, Politics, and the Trans/Queer Body

AI generated imaged based on the essay below. Notice the young Andrew Sullivan in the foreground?


Girl: “Are you sure you are not really a girl?

Boy Sullivan: “Of course not.”

Parent: My child knows who they are.

Adult Sullivan: “But do they? . . . I sure didn’t.”

I.

In a recent opinion piece for The New York Times, Andrew Sullivan contends that the gay rights movement has “radicalized, and lost its way.” Sullivan asserts that the gay movement has abandoned traditional, virtually normal politics (i.e., the defense of marriage equality and the expansion of non-discrimination protections in the workplace and housing for gays, lesbians and trans adults) and adopted a fascistic queer gender ideology—a transgender ideology that disregards the naturalness of the “sex binary” and seeks to impose itself, like a “theology,” on society—and especially on children and teens.

The irony is that Sullivan’s argument perfectly aligns with conservative theological reasoning. Sullivan follows the Supreme Court’s conservative majority, naturalizing a conservative theology of sex while masquerading it as liberal neutrality.

II.

Taking sex as a synonym for gender and vice versa is a hallmark of conservative theological thought. For example, Associate Justice Thomas Alito, writing for the majority in Mahmoud v. Taylor, observes that “[m]any Americans, like the parents in this case, believe that biological sex reflects divine creation, that sex and gender are inseparable, and that children should be encouraged to accept their sex and to live accordingly” (24).

In queer and gender studies, the term gender ≠ biological sex. As David M. Halperin reminds us, “Sex has no history. It is a natural fact, grounded in the functioning of the body and, as such, it lies outside of history and culture” (“Is There a History of Sexuality?,” in the The Lesbian and Gay Studies Reader, 416 [416-431], emphasis mine).

In contrast to sex, gender (like sexuality) does have a history (although a much longer one than sexuality). It refers to the cultural habits and practices that a society determines make, for example, a male (= sex) a man/masculine (= gender).

Sullivan’s conservative theological sex ideology comes through in his definition of homosexuality. “My sexual orientation,” Sullivan shares, “is based on a biological distinction [= sex] between men and women: I am attracted to the former and not to the latter” (emphasis mine). What this implies is that (homo)sexuality is, for Sullivan, like sex: an entirely biological, neutral fact of the human condition.

Sullivan complains that “[d]issenters from gender ideology are routinely unfriended, shunned and shamed. . . . That’s the extremely intolerant and illiberal atmosphere that now exists in the gay, lesbian, and transgender space” (emphasis mine). If that’s true, it’s unfortunate because Sullivan’s conservative theological sex ideology does have an upshot: it implies that homosexuality “reflects divine creation.”

The drawback of Sullivan’s sex ideology is that it cannot account for the fact that some of us are, as Michael Warner observes in The Trouble With Normal: Sex, Politics, and the Ethics of Queer Life (1999), more marked than others by our sexuality (23).

Like many proto-gay boys, I learned in middle school that having a penis does not necessarily make one a legitimate boy. According to my peers, the way I walked, talked, dressed, and styled my hair all cast doubt on the legitimacy of my penis. Thus, I was a queer, fag, and so on.

My middle school experience amply illustrates an essential point: sex has a gender. Sullivan may insist that sex/sexuality is “a neutral fact of the human condition,” but sex/sexuality is not merely a natural/neutral fact. Sex/sexuality is also an object of human interpretation.

Sullivan and his fellow conservative Catholic/religious friends are all too aware that politics will ultimately determine what sex/sexuality means. Sullivan and company want to end the hermeneutics of sex. They want the last word, and they know the deciding battlefield is the public school system.

III.

Sullivan worries that queer gender ideology is akin to an insurrection, a “societywide revolution” against traditional sex/sexuality norms. He is especially concerned about queer ideology being taught in our public elementary schools.

To Sullivan’s mind, helping children recognize that the relationship of sex to gender and vice versa is wiggly, by allowing them to play with pronouns and their gender comportment in public schools, is to play God. It has the power to resurrect Anita Bryant!

She is risen! She is risen, indeed!

The Supreme Court recently ruled in Mahmoud v. Taylor that parents can opt their children out of public school lessons that include books with queer themes, including same-sex marriage, on religious grounds. Consider the mercifully brief sample of Associate Justice Alito’s “legal” reasoning for the majority below (for a complete analysis of the Court’s overreading and misreading of the relevant children’s books, listen to the recent episode of the podcast Strict Scrutiny):

In light of the record before us, we hold that the Board’s introduction of the “LGBTQ+-inclusive” storybooks—combined with its decision to withhold notice to parents and to forbid opt outs—substantially interferes with the religious development of their children and imposes the kind of burden on religious exercise that Yoder found unacceptable.

To understand why, start with the storybooks themselves. Like many books targeted at young children, the books are unmistakably normative. They are clearly designed to present certain values and beliefs as things to be celebrated and certain contrary values and beliefs as things to be rejected. . . .

Uncle Bobby’s Wedding, the only book that the dissent is willing to discuss in any detail, conveys the same message more subtly. The atmosphere is jubilant after Uncle Bobby and his boyfriend announce their engagement. Id., at 286a (“Everyone was smiling and talking and crying and laughing” (emphasis added)). The book’s main character, Chloe, does not share this excitement. “‘I don’t understand!’” she exclaims, “‘Why is Uncle Bobby getting married?’” Id., at 288a. The book is coy about the precise reason for Chloe’s question, but the question is used to tee up a direct message to young readers: “‘Bobby and Jamie love each other,’ said Mummy. ‘When grown-up people love each other that much, sometimes they get married.’” Ibid. The book therefore presents a specific, if subtle, message about marriage. It asserts that two people can get married, regardless of whether they are of the same or the opposite sex, so long as they “‘love each other.’” Ibid. That view is now accepted by a great many Americans, but it is directly contrary to the religious principles that the parents in this case wish to instill in their children. It is significant that this book does not simply refer to same-sex marriage as an existing practice. Instead, it presents acceptance of same-sex marriage as a perspective that should be celebrated. The book’s narrative arc reaches its peak with the actual event of Uncle Bobby’s wedding, which is presented as a joyous event that is met with universal approval. See id., at 300a–305a. And again, there are many Americans who would view the event that way, and it goes without saying that they have every right to do so. But other Americans wish to present a different moral message to their children. And their ability to present that message is undermined when the exact opposite message is positively reinforced in the public school classroom at a very young age.

Next, consider the messages sent by the storybooks on the subject of sex and gender. Many Americans, like the parents in this case, believe that biological sex reflects divine creation, that sex and gender are inseparable, and that children should be encouraged to accept their sex and to live accordingly. Id., at 530a–531a, 538a–540a, 543a, 625a. But the challenged storybooks encourage children to adopt a contrary viewpoint. Intersection Allies presents a transgender child in a sex-ambiguous bathroom and proclaims that “[a] bathroom, like all rooms, should be a safe space.” Id., at 323a. The book also includes a discussion guide that asserts that “at any point in our lives, we can choose to identify with one gender, multiple genders, or neither gender” and asks children “What pronouns fit you best?” Id., at 350a (boldface in original). The book and the accompanying discussion guidance present as a settled matter a hotly contested view of sex and gender that sharply conflicts with the religious beliefs that the parents wish to instill in their children (23-24, unattributed italics mine).

The Court rightly observes that “there are many Americans who would view [the marriage of two men as a joyous occasion], and it goes without saying that they have every right to do so.” What the Court does not recognize is that such a view is not only that of “many Americans,” it is also the nonmetaphysical position of their Government.

If the Court’s majority were at all inclined to affirm the appropriateness of the Government teaching a nonreligious, nonpartisan view of sex in our public schools, it would have concluded the following: There are many Americans who would view the marriage of two males as contrary to their religious beliefs, and it goes without saying that they have every right to do so. However, the Government has no role to play in teaching theological metaphysics. Religious instruction is the obligation of parents of faith and their respective religious institutions.

We are right to worry that the majority opinion in Taylor takes religion from the football field (Kennedy v. Bremerton School District) into the classroom by implicitly questioning the legitimacy of the Government’s nonreligious view of sex. In my opinion, Taylor goes far beyond protecting religious liberty. It protects the status quo by incentivizing the teaching of traditional, religiously inflected sex ideology in our public schools.

But Sullivan is worried about Big Trans “overhauling the education not only of children with gender dysphoria, but of every other kid as well.” 

Sullivan does not mention Mahmoud v. Taylor in his opinion piece for The New York Times. Besides the shared insistence on the naturalness of a conservative theological understanding of sex, one other thread links Sullivan’s essay to the majority opinion in Taylor.

Sullivan, like the majority in Taylor, is expressly concerned about (gay and lesbian) youth being coerced by authority figures, such as teachers and doctors, into believing what he considers to be an unnatural gender ideology.

“As a child, uninterested in playing team sports . . . ,” Sullivan writes, “I was once asked by a girl when I was just 10 years old, ‘Are you sure you are not really a girl?’ Of course not, I replied” (emphasis mine). Nonetheless, Sullivan wants us to believe that he may not have given the same answer to the same question if the questioner had been “someone in authority—a parent or a teacher or a doctor [or a priest?].”

Alito expresses a similar concern in Taylor,

“The books therefore present the same kind of ‘objective danger to the free exercise of religion’ that we identified in Yoder. Id., at 218. That ‘objective danger’ is only exacerbated by the fact that the books will be presented to young children by authority figures in elementary school classrooms. As representatives of the Board have admitted, ‘there is an expectation that teachers use the LGBTQ-Inclusive Books as part of instruction,’ and ‘there will be discussion that ensues.’ App. to Pet. for Cert. 605a, 642a.” (25, emphasis mine).

Among the things Alito thinks coercion means is teachers communicating to young students a nonmetaphysical interpretation of sex, namely that it is not a synonym for gender and vice versa. Alito writes, “The upshot [of how Alito [over]reads Born Ready, written by Jodie Patterson and illustrated by Charnelle Barlow] is that it is hurtful, perhaps even hateful, to hold the view that gender is inextricably bound with biological sex” (25, emphasis mine).

The Court affirms the right of conservative religious parents to direct the public education of their children in Mahmoud v. Taylor. In U.S. v. Skrmetti, a case in which the Court’s majority allows states to ban gender-affirming care (while permitting the same treatments for minors not seeking gender-affirming care), the majority declines to resolve the legal question about the right of parents to direct the healthcare of their (trans) children. In this case, the Court neutralizes the authority of parents who are not (religiously) conservative or religious to care for their children, trusting the (conservative) Government to “parent” them.

IV.

Sullivan goes a step further than the Court’s majority in Skrmetti. Sullivan wants us to believe that no one is looking out for trans kids (except him and his fellow compassionate conservatives, of course). Even the supportive parents of trans children cannot be trusted to direct their healthcare.

Sullivan provides three reasons to remove the power to provide healthcare to children from the hands of their parents:

First, supportive parents trust their children’s testimony. Though young Sullivan was very clear with his female classmate about his sex, he questions whether or not trans children “know who they are.” He even contradicts himself, asserting that during the period between the ages of 9 and 13, he was unsure whether he was a boy or not.

Next, Sullivan argues supportive parents are the cucks of a fascistic queer ideology (i.e., of Big Trans). Specifically, they are illiberal cucks. They do as Big Trans tells them to do (i.e., force our kids to transition) for fear of being canceled—and they cancel others, like Sullivan, who refuse to obey the will of Big Trans.

Finally, Sullivan also believes supportive parents are reactionary cucks of a fascistic queer ideology. Sullivan asserts that if Trump (i.e., an election denier, encourager of insurrection against the U.S. government, Project 2025 supporter, and, according to one judge, a rapist) is for, say, the biological truth of gender, the cucks of a fascistic queer ideology are necessarily, unthinkingly against it.

What critics of the majority’s decision in Skrmetti (e.g., the 5-4 podcast) miss is that Trump’s conservative theological assertion of the “biological truth of gender” is underlying their reasoning.

State laws denying gender-affirming care to a teen male who desires to become a female is not, to the majority, discrimination based on sex. Healthcare providers may not deny gender-affirming treatment to a male because he is male. In many states, they must deny said treatment because he is a male who desires to become a female.

Recall that in Taylor, the Court’s majority similarly empowers parents to affirm a conservative theology, namely that sex and gender are inseparable. The rest of us must live with it—or else.

V.

Sullivan’s opinion piece for the New York Times is gross—and not principally because it is a conservative theological argument. It is also problematic because it is an example of the homophobic literary genre (e.g., queers are victims of queers; conservatives = persecuted; healthcare may be denied to women/queers; states should be allowed to decide the legality of queer life, etc.).

There is one aspect of Sullivan’s anti-trans/queer rhetoric that I find especially problematic: his deployment of the heuristics of fear. Echoing the logic of the late Cardinal Ratzinger (see, e.g., §10), Sullivan wants us to believe that we have only ourselves to blame for violence perpetrated against us as a consequence of our insistence on our difference from the (virtually) normal.

In The Monarchy of Fear: A Philosopher Looks At Our Political Crisis (2018), a book inspired by Hillary Clinton’s electoral loss to Donald Trump in 2016, Martha C. Nussbaum draws on psychological research to describe two “heuristics” of fear. The first is the “availability heuristic,” and the second is the “cascade heuristic,” which has two aspects: reputational and informational (47-51). These heuristics can function to overwhelm our ability to carefully consider whether or not fear is warranted in a given situation, instead activating our instinctual impulses.

In his opinion piece, Sullivan employs the availability heuristic, creating an immediately recognizable image of imminent, life-threatening danger. He argues that the radicalization of the gay movement by trans/queer ideology is collapsing public support for gay and lesbian civil rights.

Sullivan combines the availability heuristic with the cascade heuristic, motivating people to come together to overcome an imminent, life-threatening danger: trans/queer ideology. If we don’t act, gay and lesbian civil rights, our rights, will be erased—and we will be subject to violent acts (the reputational aspect of the cascade heuristic).

Sullivan also offers us new information. He contends that advocates of trans/queer ideology are essentially raping children, forcing them to transition. Moreover, by forcing trans kids to transition, trans/queer advocates are ending the lives of gay and lesbian kids, as Sullivan believes a lot of trans kids are just confused gay and lesbian kids (the informational aspect of the cascade heuristic)

The heuristics of fear are highly motivating. They compel us to act together to avoid immediate danger.

The problem arises when the fear they amplify is not based on a sober assessment of evidence, facts, data, or our experiences. For example, there are good reasons to avoid the path of a tornado. However, when our fear is unwarranted, as it is in the public’s assessment of trans lives and experiences, it can destabilize democracy.

Unwarranted fear, especially combined with disgust, can destabilize democracy by motivating violence. Trans/queer ideology, Sullivan imagines, inspires “a sane backlash” against trans/queer people—and not only them, but virtually normal gay and lesbian people, too. As many trans people and queer gay men and lesbians already know: the threat of violence for being misaligned with (virtually) normative straight (male) society is not an idle one.

VI.

Queer gay men and lesbians stand in solidarity with their trans comrades (a word I use intentionally to enflame conservative passions) for many reasons, not least of which is our shared experience of the violence of (virtually) normative gendered politics. David M. Halperin observes, 

If homophobia sometimes functions less to oppress homosexuals than to police the behavior of heterosexuals and to strong-arm them into keeping one another strictly in line with the requirements of proper sex and gender norms, for fear of appearing queer it may be that one of the functions of transphobia is to police the behavior of lesbians and gay men and to terrorize them into conforming to the gender style deemed appropriate to their respective sexes (How To Be Gay [2012], 307, emphasis mine).

Yet, Sullivan believes that the radicalized gay movement is the real threat to a liberal or reasonably pluralistic society (see John Rawls). He asserts that the ever-expanding alphabet of queer welcome (e.g., L.G.B.T.Q.I.A+), and the new colors added to the pride flag to incarnate it, nowadays “demarcates a place not simply friendly to all types of people . . . but a place where anyone who does not subscribe to intersectional left ideology is unwelcome.”

Youth are the worst offenders of Sullivan’s law of welcome. The “young queer generation” are contemptuous, according to Sullivan, of “those who came before them.”

Dear Andrew,

It’s true. Trans/queer youth and adults don’t want to hang with you.

It’s not us. It’s your habit of villainizing, demeaning, and disparaging our lives and loves.

I don’t doubt that you believe you care about trans/queer youth and adults. However, if you take a moment to listen, you’ll likely gain a better understanding of why hanging out with us just isn’t currently working out for you.

As they say in Chicago, “He only had himself to blame.”

Smooches,

Tony (he/him).