Wikipedia: Neutral point of view/Examples Debate

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A transsexual is a person whose gender identity does not coincide with the gender with which they were born. Many transsexuals have their gender? changed from male to female or vice versa by hormonal and surgical means. This raises many legal issues.

A transsexual? is a person whose [gender identity]? does not coincide with the gender with which they were born. Many transsexuals have their gender? changed from male to female or vice versa by hormonal and surgical means. This raises many legal issues.

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The degree of legal recognition provided to transsexualism has been varied throughout the world. Many countries now extend legal recognition to sex reassignment by permitting a change of gender on the [birth certificate]?. A controversial question is the marriage of transsexuals, a question to which different jurisdictions have come to different answers. Issues also arise in areas such as the right to change one's name, eligibility to compete in single sex sports, and insurance and social security when the benifits available depend on one's sex.

The degree of legal recognition provided to transsexualism? has been varied throughout the world. Many countries now extend legal recognition to sex reassignment by permitting a change of gender on the [birth certificate]?. A controversial question is the marriage of transsexuals, a question to which different jurisdictions have come to different answers. Issues also arise in areas such as the right to change one's name, eligibility to compete in single sex sports, and insurance and social security when the benifits available depend on one's sex.

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In England, it was decided in the case of [Corbett v. Corbett]? that for the purposes of marriage a post-operative transsexual was to be considered to be of the sex they had at birth. South African courts have accepted this decision, but New Zealand courts, and more recently an Australian court (see Re Kevin - validity of marriage of transsexual), have rejected it. Some Canadian courts have also accepted the decision, though the law in question appears to vary from province to province.

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In [Rees vs. United Kingdom]?, the [European Court of Human Rights]? refused to strike down the English law refusing to recognize sex reassignment surgery for legal purposes. The applicant argued that the English law as in violation of Article 12 of the European Convention on Human Rights, which guarantees the right of men and women to marry and form a family; the Court however held that the Article only protected "traditional" marriage between persons of opposite biological sex. The Courts decision was based on the doctrine of the margin of appreciation, by which State Parties to the Convention are given some discretion, especially in regard to controversial social matters such as transsexualism and marriage.

In [Rees vs. United Kingdom]?, the [European Court of Human Rights]? refused to strike down the English law refusing to recognize sex reassignment surgery for legal purposes. The applicant argued that the English law as in violation of Article 12 of the European Convention on Human Rights, which guarantees the right of men and women to marry and form a family; the Court however held that the Article only protected "traditional" marriage between persons of opposite biological sex. The Courts decision was based on the doctrine of the [margin of appreciation]?, by which State Parties to the Convention are given some discretion, especially in regard to controversial social matters such as transsexualism and marriage.

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The United States law on this issue varies from state to state, since the issuance of birth certificates and the recognition of marriages are largely state matters. Several courts have come to the conclusion that sex reassignments are not to be recognized for the purpose of marriage, including courts in Ohio, Texas and New York. Other courts (including courts in Kansas and New Jersey) have recognized the reassignments. Most U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. But Idaho, Ohio and Tennesee refuse to permit a change of sex, and Florida will not even change the name.

The United States law on this issue varies from state to state, since the issuance of birth certificates and the recognition of marriages are largely state matters. Several courts have come to the conclusion that sex reassignments are not to be recognized for the purpose of marriage, including courts in Ohio, Texas and New York. Other courts (including courts in Kansas and New Jersey) have recognized the reassignments. Most U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. But Idaho, Ohio and Tennesee? refuse to permit a change of sex, and Florida will not even change the name.

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Australian law<b>

Australian law

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Re Kevin - validity of marriage of transsexual ([2001] FamCA? 1074, [online copy]) is a groundbreaking recent judgement of the [Family Court of Australia]?, concerning the right of transsexuals to marry. Kevin (not his real name), a post-operative male-to-female transsexual, married Jennifer (not her real name). Kevin had his sex changed on his birth certificate and other legal documentation; the question faced by the court was whether the change of sex on his birth certificate should apply for the purposes of family law. English law had decided, in the case of [Corbett v. Corbett]? (1971), that sex reassignment would not be recognized for purposes of marriage. But Justice Richard Chisholm (the judge in this case) found that the decision of the English court did not bind Australian law, and upon considering the merits of the English decision found its logic to be faulty. Therefore Justice Chisholm concluded that, despite the English decision, post-operative transexuals are to be considered to have their reassigned sex for the purposes of marriage law, and that the applicant's marriage was valid.

Re Kevin - validity of marriage of transsexual ([2001] FamCA? 1074, [online copy]) is a groundbreaking recent judgement of the [Family Court of Australia]?, concerning the right of transsexuals to marry. Kevin (not his real name), a post-operative female-to-male transsexual, married Jennifer (not her real name). Kevin had his sex changed on his birth certificate and other legal documentation; the question faced by the court was whether the change of sex on his birth certificate should apply for the purposes of family law. English law had decided, in the case of [Corbett v. Corbett]? (1971), that sex reassignment would not be recognized for purposes of marriage. But Justice Richard Chisholm (the judge in this case) found that the decision of the English court did not bind Australian law, and upon considering the merits of the English decision found its logic to be faulty. Therefore Justice Chisholm concluded that, despite the English decision, post-operative transexuals are to be considered to have their reassigned sex for the purposes of marriage law, and that the applicant's marriage was valid.

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Justice Chisholm also considers the situation raised by Ormord J, where a married person seeks to changes their sex in the marriage, thereby giving the appearance of a homosexual marriage. Ormord J sees this as an argument against permitting legal recognition of transexuality for the purposes of marriage law. Justice Chisholm points out that refusal of such legal recognitiion could equally give the appearance of homosexual marriage, since then someone who appears to be a man and lives socially as a man , but is legally considered to be a woman, could legally marry a man. Justice Chisholm finds that the person's sex at the time of the marriage determines whether they can legally marry, and that a person who had a sex reassignment during their marriage would continue to be married until either party sought a divorce, even though their marriage would now be homosexual.

Justice Chisholm also considers the situation raised by Ormord J, where a married person seeks to changes their sex in the marriage, thereby giving the appearance of a homosexual marriage. Ormord J sees this as an argument against permitting legal recognition of transexuality for the purposes of marriage law. Justice Chisholm points out that refusal of such legal recognitiion could equally give the appearance of homosexual marriage, since then someone who appears to be a man and lives socially as a man , but is legally considered to be a woman, could legally marry a man. Justice Chisholm suggests that the person's sex at the time of the marriage determines whether they can legally marry, and that a person who had a sex reassignment during their marriage would continue to be married until either party sought a divorce, even though their marriage would now be homosexual.

Topic 1
Darwin's theory of natural selection is the best available explanation of the diversity of life we see today.

My answer - not - MB

and my - yes. We should limit NPOV if we don't want to end with "Earth is considered to be round by majority, but some people claim it's flat")

It is a fact that some people believe the Earth is flat. What is wrong with noting that, providing a link to an article on "flat-earthers" and moving on? I would rephrase the sentence as you have put it, but I don't see anything wrong with it. - MB

What is wrong is that it would be pissing all physicists/astronomers/scientists/etc and it isn't any better than presenting round-earth as a fact (plus maybe a foonote about some "flat-earth")

The same with evolution. It's a fact. Why would we want to piss all biologists/scientists/etc. by stating otherwise ? Taw

I think we need to consider that wikipedia articles about evolution will in the future br reviwed by an expert. Such expert will not consider that creationism deserves any atention in such an article. But he would mention panspermia. I think that, in scientific subjects, we should adopt a PV of a Science or Nature editor. joao

I fully agree with joao. Taw

I am not convinced. The majority of humans believe in some kind of supernatural activity in the formation of what is, not all of them are christians, and not all of them are stupid. We should at the very least characterize the popularity of such beliefs, and attempt to clarify the debate. To consider that the majority of people are just so stupid that their veiws deserve no mention is just wierd and certianly is not NPOV.

Fortunatelly majority of people doesn't believe in either flat Earth or creationism. If a lot of people believed in some theory that is clearly against science and well-established scientific theories, it should of course be mentioned, but it should not appear on the same rights as proper scientific theories. Taw

It is the random and purposless clause of most descriptins of evolution which are rejected by a large majority of americans (where the subject is most controvercial) and the majority people in the world. There is significant survey data out there to back up this claim. Certianly you are correct that most folks and most scientists reject creationism, but most consider it likely that there is some kind of purposive activity behind the world they see around them. I don't buy your theory, and I have a real problem with your solution. There is lots and lots of debate on creationism/Talk and you should read it, think about it, and respond to it, rather than going off on your own to try to make a new wikipedia policy. -- (not attributed)

Personally, I would find this go too far, but would be ok with:
Darwin's theory of natural selection is considered the best available explanation of the diversity of life we see today.

By the way, even as a statement about the current biological theory, this might be too simplistic to be considered right - there are a number of important factors apart from natural selection: [genetic drift]? and specification through geographical isolation, to name two. But that's not really important to this debate, I guess. -- Andre Engels

Topic 2
Darwin's theory of natural selection is the most widely accepted scientific explanation of the diversity of life we see today. - acceptable or not? '''

(My answer - acceptable, even Creationists would have to agree with this statement.) - MB

(No they would not - see any creationist/intelligent design website or book. A creationist would argue that this is not NPOV. John Lynch)

(Sorry, John, but any creationist who disagrees with the statement that evolution is "the most widely accepted..." is a liar. It is accepted, whether or not it happens to be true. Coverage of minority arguments and opinions is welcome here; dishonesty and deceit are not. --LDC).

I am in total agreement with LDC. John you arguing that this statement is not neutral - but how can you honestly say that Creationism is a "more widely accepted scientific model" than evolution. I'm perfectly happy to accept that you think evolution is wrong, but that's not what is being stated. It is a fact that creationism IS a minority viewpoint. Consider this example: I happen to believe that all of science is based on axioms of faith. LDC is my chief opponent on this subject. However - I can see that my viewpoint is the minority one, and I can accept that. My viewpoint has been fairly reported, and its minority status noted, so I am happy.-- MB

I don't argue this. Obviously as an evolutionary biologist and historian of same, I wouldn't. But - there are people who do, and who would invoke an NPOV ruling. We're getting to a point here that is beyond the creation/evolution issue. It's about encyclopedias - or for that matter any text. I'm definitely not a postmodernism but I'm willing to state that no text/narrative can be NPOV - even the scientific papers I have published. John Lynch

I happen to agree with John on this one; complete objectivity is not possible. I would even go so far as to say that a pretense of objectivity can be harmful in itself--much news coverage has that problem. But I think it is possible in this medium to be both fact-stating and minimally controversial, in that most biases are toward the majority viewpoint, and minority viewpoints are mentioned and treated reasonably. I think this can be done, and an encyclopedia is one place where it should be. --LDC

(Hmm. So what is the most widely accepted scientific explanation? Kind of depends on what you mean by scientific, but saying it's the most widely accepted isn't the same as saying it's true, or even plausible Verloren)

I think the fact that scientific is in bold makes this NPOV. Perhaps being a scientific explanation or origins is the most important thing, or perhaps it is not. Certainly people will disagree on that subject.

Ok so here are some really hard ones, you tell me fact or opinion:

Many scientists believe that Newton's gravitational formula does not apply in certain situations.
- I say no, but only because it has no context. It gives the idea that scientists just randomly decided that it doesn't apply in some situations. Perhaps something more like "Einstein's theories of relativity contradict the universal application of Newton's gravittional formula." --STG
  - As far as I am concerned the above statement is true. But it is misleading on a lot of different levels. However, calling it opinion seems very weird, since it is a perfectly demonstrable fact.MRC

Many scientists believe that Newton was a crackpot, after all he did spend a significant amount of time attempting to turn lead into gold.
- It's hard to argue that "crackpot" is ever a neutral term. --STG
  - But it's equally hard to imagine many scientists describing someone who tried to turn lead into gold as anything but a crackpot.MRC
    - But isn't there an interesting thing to be said about alchemy and its historical place in the origin of all modern science, especially in the case of such a formative and important early scientist? Wouldn't the third way here be to talk about alchemy and its historical implications as they relate to Newton and the origin of science? trimalchio
      - Newton's investigation of transmutation was a reasonable investigation, he did not have the chemical understanding that is routine to us now. Anyone investigating alchemy today would deserve the crackpot term, however.
        
        Not necessarily, they could be Jungian psychologists who use alchemy as a metaphor for the process of individuation. Terminologies get recycled all the time. - clasqm
        
        Fair comment, let me rephrase it as "metallurgic alchemy". By the way, just how far will these indents actually go?

Some scientists believe that time travel is possible, but would be incredibly energy expensive.
- I would add "theoretically possible", and also reference which theories allow the possibility. --STG
  - I agree, the above statement needs to be expanded. But as it stands it is entirely factual. However, prevailing scientific opinion (amongst non-string theory people) strongly leans in a different direction. My point with the above three examples is that these are all basically indisputable FACTS, but that I'm sure for some reason they won't be accepted as NPOV.MRC

Historians generally believe that JFK was actually president of the United States during the Cuban missile crisis.
- Ridiculous. It can be demonstrated beyond reasonable doubt that JFK was President at that time, and historians are not required to do this. --STG
  - Agreed. This is ridiculous. However, it is a fact, but it makes it seem that there might be some reasonable objection, when there is not. The problem can be generalized, weasel words can turn a statement into something very different. I reciently wrote an article, with a quote, and after the quote I summarized the content of that qoute, then somebody came along and added "some would say" to qualify my interpertation of the qoute. My problem is that I'm not aware of anyone who would say otherwise. (The quote was right there, either my interpretation is correct or not). I think the pressure to NPOV can make us state facts in a way which in so tenuous as to utterly change the meaning of the whole statement.MRC

NPOV and accuracy

Gravity can be defined as the force of attraction between two bodies, and is proportional to the masses of the objects and inversely proportional to the square of the distance between them.
- I'm not really up on my gravitational theory, but that sounds pretty Newtonian. If so, I would say that such a definition is not NPOV, as it presents Newtonian theory as fact. --STG
  - Again, I think this highlights a wider problem, since in most contexts the Newtonian theory of gravity can be considered accurate, and we shouldn't always have to reference the problems with every theory every time we mention the theory. But beyond that, the statement is true because "can be defined" is logically loose enough to include both Newtonian and relativistic theories of gravity.MRC
    - Please don't mistake lack of precision with NPOV problems. It might be little imprecise, but it doesn't show any bias. Taw

I'm trying to get across a point here, and I'm not sure if I'm being clear. The problem is that some people think the above is NPOV, since it presents Newtonian theory as a fact, and others (myself included) are pragmatically disposed to saying that it is a fact (except in some non-standard (for humans) situations). There are lots of controversial issues in epistemology and philosophy of science at stake here, and if we privilege either side we'll piss people off. But I'm not certain we can entirely avoid privileging one side or the other, unless we raise the bar for who can contribute to only those with a very high degree of philosophical sophistication. So what are we to do? I'm not sure this is as easy a question as some other folks seem to think. MRC

I object to the fact/opinion dichotomy on the main page. Think about it: It is either a fact that God exists, or it is a fact that God does not exist. One can be of two opinions about which fact to believe, or one can withhold judgment. Perhaps the distinction you want to make is between irrefutable facts, and those facts about which there is some disagreement.

: A fact "about which there is disagreement" is not a fact.

: An irrefutable fact is a fact. Anything else is an opinion. Hence we do not present "evolution" as a fact. We should, however, note that it is an opinion very widely held and with extremely strong supporting evidence. The reader is free to make up their own mind. Ditto for "Flat Earth."

: Well put. Alternatively, within the realm of science, evolution is a fact. As is "the earth is round". In non-scientific belief systems, evolution is not a fact and creation is, and we need to acknowledge that. - MB

"Evolution" is a reference to the past. "Flat Earth" is a reference to the present. Do not lump them together!

Perhaps the past is unverifiable, but the present is verifiable. So... either Japan's solar time is roughly half a day out of phase with USA solar time, or there is one COLOSSAL conspiracy!!

Maybe the earth was flat in the past and evolution started just five minutes ago. Also the present is basically unverifiable as the past is. I think MB is right, evolution is the best scientific model for diversity of life and thus a scientific fact. --Vulture

: I know a Unitarian-Universalist minister who said the earth was flat until people began to think otherwise. --Ed Poor

Alright. I'm starting the entry. Flat earth.

I remember a Bad Religion song called "Flat earth Society". Is this a common english idiom? (This might belong on Flat earth/Talk ?)

Perhaps one obstacle to attaining NPOV is the desire of intelligent, well-read, responisible people to set those ignorant #@&*@ straight. Who do they think they are, filling this 'pedia with garbage?!

A more arduous but ultimately more successful strategy may be to "acknowledge" diverse viewpoints (i.e., sheer lunacy, insincere polemics) while giving thorough treatment to the "right" point of view.

It worked on the Lucifer thing. It might work on [Flat Earth]?. It could even work someday on the evolution-creationism debate, where I'm one of the lunatics, ahem, dissenters.

Just a thought. Ed Poor