When Ideologies Rule, Other Rights are Trampled

By Michael Swain, Executive Director of FOR SA

The radical ideology that drives the transgenderism agenda is the idea that there are no objective truths and that our individual subjective preferences should be treated as absolute.

Our mental or emotional realities should therefore be regarded as more concrete than the physical reality around us. Furthermore, everyone must conform to how we feel—so if I feel that I am a man in a woman’s body, you must treat me accordingly.

If you fail to do so, you are seen as treating me inhumanely, because you are denying my core identity as a person and the dignity of being treated according to my chosen gender.

Competing human rights

Human rights are often in conflict with one another, and no right is absolute. As a result, they must often be balanced against each other to achieve a fair outcome.

No other area currently provides a clearer example of this than the debate over transgender rights.

At the centre of the debate is the redefinition of the word “gender” (which is one of the prohibited grounds of unfair discrimination in terms of the South African Constitution).

Historically, gender has been synonymous with a person’s biological sex. However, as discussed in a previous article in this series, current gender identity ideology advocates that gender is a fluid, subjective construct that can change and is separate from the physical body.

This means that, regardless of biological sex, individuals may identify as male, female, something else entirely, or none at all.

An often-cited example of this was when Google allowed employees to identify as non-human entities, such as fantasy creatures or even buildings.

Societal impact

A major concern with identity-based ideology is its rapid and often disruptive impact on societal norms.

As a result, misgendering someone—or refusing to affirm their identity—is increasingly viewed as an attack on their human dignity.

The reasoning is that if gender forms part of one’s core identity, then failure to affirm that identity constitutes unfair discrimination.

This has led to situations where what some describe as “special rights” are granted, while other rights are compromised.

Areas of conflict

Losing custody of children

There have been cases where parents have lost custody of their children for refusing to allow them to transition.

This occurs despite concerns raised in some discussions about the psychological and medical implications of such decisions.

Bathroom access

The extension of gender identity claims has led to debates over access to gender-specific facilities.

For example, individuals who identify as female—but are biologically male—may claim access to women’s bathrooms, changing rooms, and showers.

These debates, often referred to as the “Bathroom Wars” in the USA, highlight tensions between:

• privacy rights
• safety concerns
• anti-discrimination principles

South Africa is beginning to see similar developments, such as gender-neutral facilities on some university campuses.

This has led to objections from some women, particularly where concerns about privacy, safety, or past trauma are involved.

Healthcare scenarios

In some cases, the rejection of biological distinctions has created complex healthcare situations.

Examples include:

• Patients being attended to by practitioners of a different biological sex than requested
• Screening services being offered or withheld based on gender identity rather than biological needs

These scenarios have raised questions about patient rights, dignity, and appropriate medical care.

Sports participation

In sport, concerns have been raised about fairness when transgender athletes compete in categories aligned with their gender identity.

A frequently cited example is that of Mack Beggs in Texas, who competed in a category different from his biological sex and achieved significant success.

Policies in international sport, including events like the Winter Olympics, have increasingly allowed participation based on gender identity.

This has sparked debate about competitive fairness and equality.

School incidents

There are also concerns regarding the impact on schools and parental rights.

In one reported case in California, children were introduced to transgender concepts through a book titled “I Am Jazz”, followed by a classroom activity.

Parents later objected, stating that they were not informed in advance.

This has raised broader questions about:

• parental rights
• age-appropriate education
• transparency in schools

Parents and School Governing Bodies (SGBs) are therefore encouraged to remain informed about educational content, particularly where it may be included under Comprehensive Sexuality Education (CSE).

Conclusion

While it is important that individuals experiencing gender dysphoria or identity-related challenges are treated with dignity and respect, concerns remain that similar respect may not always be extended to those with differing beliefs—particularly within the faith community.