Legal storm brews in hate speech row over ‘transphobic’ article in SA Jewish Report

Individuals and organisations that provide services to and support LGBTQI+ communities are organising to launch formal complaints of hate speech against the South African Jewish Report (SAJR), which published an opinion piece under the headline “There’s no Pride to be found in gender ideology” on 30 June 2022.

The author, Adam Sachs, who is described in the biography that appeared on the original item as “a specialist in digital product development”, states in the article that he doesn’t care if “a 40-year-old man wants to castrate himself and dress in women’s clothes”, but that children aren’t capable of consenting to “their own castration, sterilisation, and the consequent erasure of their future sexual potential as men or women”.

The opinion piece defends the right of gays, lesbians and bisexual people to love, marry and divorce who they choose, but takes issue with the acronym LGBTQI+ beyond the “LGB”.

In his opinion piece, Sachs says the new Pride flags symbolise for many “an ideological movement that’s antibiological, inherently homophobic, and hostile to gay people and women’s rights”.

The South African Association of Progressive Rabbis (SAAPR) issued a statement expressing its “disappointment and dismay” at the publication of the “transphobic” opinion piece.

“As proud allies, we stand with our partner organisation, Shema Koleinu, and with all members of the LGBTQI+ community both within and beyond our Jewish spaces in calling upon the [SAJR] to join us in educating those who speak from a place of ignorance and to take a clear stance that hatred and violence cannot be tolerated, and certainly should not be disseminated by our Jewish publications.”

The Monday after the publication, a meeting was held between the SAJR’s editor, Peta Krost Maunder, SAJR chair Howard Sackstein and members of Shema Koleinu, a Jewish-led queer organisation, with Rabbi Greg Alexander moderating. Shema Koleinu requested a retraction and an apology. According to Shema Koleinu’s Anastacia Tomson-Myburgh, Sackstein refused to print a retraction, although the article was pulled from the website after the meeting.

The SAJR was expelled from the Press Council earlier in 2022 for refusing to obey rulings from the Acting Press Ombudsman.

Krost Maunder wrote an editorial titled “We meant no harm”, which appeared in the SAJR on 7 July.

The editorial acknowledges that there was criticism of the article, including from a “respected psychologist” whose judgement the editor says she has always trusted.

Krost Maunder says that she received a statement from Shema Koleinu that said: “It’s the propagation of the ideas expressed in this article that lead, directly and indirectly, to homelessness, loss of opportunities, violence and death amongst transgender youths and adults. The publication of such a piece, its unfounded assertions and arguments notwithstanding, represents a reckless and malicious attack on human rights and marginalised populations.”

Krost Maunder wrote that this was not the intention and “if this is true, we apologise”.

Read in Daily Maverick: “The rights of transgender people enshrined in the Constitution are denied by a violent reality”

Tomson-Myburgh, speaking in her personal capacity to DM168, said Krost Maunder’s apology came across as hollow since it did not reflect the publication taking responsibility for the harm it had caused.

“I got a ‘sorry you got your feelings hurt’ impression off of it. I wanted to see some responsibility taken for the harm that was caused, and a genuine plan to do better going forward, rather than just excusing this on the basis of not having intended to hurt. This is not the full apology and retraction we and many others requested.”

Legal counsel is being sought to pursue the matter with formal complaints to the SAJR, the Hate Crimes Working Group and ultimately, if necessary, the South African Human Rights Commission. Both the SAJR and the author will be named as respondents.

‘Not about identity’