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Legal recognition for non-opers !

Started by Anatta, May 26, 2011, 12:17:08 AM

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Well should they have???

Yes they should be eligible providing they meet the set out criteria
38 (79.2%)
No legal recognition should only be had by those who have had genital surgery
7 (14.6%)
Really don't give a toss
2 (4.2%)
Not given it much thought
1 (2.1%)

Total Members Voted: 45

Anatta

Kia Ora,

I must admit this as been quite an eye opener, with some on both sides refusing to back down nor compromise...

On the one hand there are those who wish to "conform to the norm"  in a "au naturel" bare naked way...And others who wish to in a more conventional way-where the general public have no idea what lies between ones legs and under ones clothes.... 

The key thing here as some have already mentioned is "empathy"[something many religious groups lack when it comes to the plight of trans-people]...How would one feel to be "denied" legal recognition if put in a position where surgery was out of the question?


One might feel quite strongly about some things, but it's not the other person's opinions that actually make you angry, anger comes from within ! And sadly it can and quite often does block "rational" thoughts... 

I hope the readers of this topic will "think" about the bold print, before voicing their opinions-"How would you feel ?"...

Thanks again for your participation...

Metta Zenda :)
"The most essential method which includes all other methods is beholding the mind. The mind is the root from which all things grow. If you can understand the mind, everything else is included !"   :icon_yes:
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cynthialee

I have only added one paragraph to this thread.
Also I have avoided posting on the main topic, opting in favor to just watch most of this play out.
So it is said that if you know your enemies and know yourself, you can win a hundred battles without a single loss.
If you only know yourself, but not your opponent, you may win or may lose.
If you know neither yourself nor your enemy, you will always endanger yourself.
Sun Tsu 'The art of War'
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Tippe

Quote from: Valeriedances on May 31, 2011, 10:25:01 AM
If you identify as the gender that does not match your body, lets fix the body.

Dear Valerie,

even biology is way more diverse than the gender binary implies. I met an intersex activist about a month ago who told me that there are believed to be about 6.400 different intersex variations most of which are not recognized unless a microarray is ran on the DNA.

Biological sex is not just about primary characteristics although society stresses them highly. It is widely understood to include secondary sex characteristics, hormonal characteristics and genetic characteristics as well.
In my own case my body height is for instance 17 cm shorter than that of my brother. Body height is well accepted to correlate with sex so what does that mean about my biologic sex? And there are other oddities too. The world is not black and white.

Research has shown that MTF's are likely to be dysphoric about genitals, body hair, broad shoulders and/or big hands. Not everyone is dysphoric about all aspects. In my case for instance I'm highly dysphoric about body and facial hair to the point of cutting myself to blood many a morning and I am dysphoric about inferior breast growth. Those characteristics are troublesome socially, whereas what is below the waist is much easier to hide. I live and study as a woman and I am completely passable, yet I am from time to time confronted with gender markers which embarass me and my surroundings. Not allowing me to have legal recognition which matches my social recognition makes my life more difficult for the reason of... WHAT???

Standards of Care recognizes that people are different. Requiring everyone to go through SRS is oppressive to those who don't need it.
It is also sexist, because as Sean said SRS is different in men and women.
Requiring both to have external genital surgery would force men into inadequate surgeries, whereas requiring only women to have external genital surgery as is the case in Denmark right now would be equally unfair. I should add, that due to this situation it is currently SIX times more likely that an FTM receives a surgery permit in Denmark than it is that an MTF does so! Sexism again.

Let there be legal solutions for legal problems and medical solutions for medical necessities.
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Anatta

Kia Ora,



Happy Mindfulness people...

Metta Zenda :)
"The most essential method which includes all other methods is beholding the mind. The mind is the root from which all things grow. If you can understand the mind, everything else is included !"   :icon_yes:
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Sean

Quote from: Valeriedances on May 31, 2011, 02:57:20 PM
I have said repeatedly that FtM's change of sex is determined by their own standards of care. Why does everyone keep bringing up FtM's surgery to me? Dont they have an existing path of transition as MtF's do?

No, FTMs DON'T have our own standards of care, nor do we have different legal standards in many places either.

We have the exact same Standards of Care, despite the fact that they were crafted to work with/for the MTF population. And in many countries, we have the same LEGAL standards, despite the fact that they were crafted to work with/for the MTF.

When people advocate that transsexuals be treated a certain way, even if they only "mean" for it to affect MTFs, it ALSO affects FTMs.  That is how policies work. That is why it is frustrating when women ignore the plight of others who are encompassed by the exact same policies, the same standards of care, the same legal recognition hurdles, when the physical reality of transition is very different.

I keep bringing up FTM stuff, because the position you are advocating (Change of sex should be dependent on SRS for the purpose of legal rights) is treated the SAME for FTMs as it is for MTFs, and that means you've created a path for one way transition: male bodied can transition and be recognized as women but female bodied can not transition and be recognized as men.

You could reframe your position as only applying to WOMEN and not MEN, but that's not how legal policies are made, that's not how the standards of care are written, and quite frankly, it would probably be invalid in many countries as sex discrimination to try and create different rules for MTFs and FTMs.

Valerie, I understand that you do not want to be othered and that there is a slippery slope if SRS is NOT the standard for recognition of transition. However, for MEN of transsexual experience, we have no choice but to be on that slope. The fact that you're not aware that we even have the same standards being applied to us suggests that you really should learn more about this before being so entrenched in your viewpoint.
In Soviet Russa, Zero Divides by You!
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Tippe

Quote from: Valeriedances on May 31, 2011, 02:51:25 PM
What is not acceptable is removing a path of normalcy that we now have for transsexual people and replacing that with a legal recognition of 3rd gender/other status. I fail to see how that is progress?

Why do you keep speaking about 3rd gender? If biologically intersexed people are accepted within the binary why shouldn't psychosexually intersexed people be the same?
For all social reasons I'm completely accepted as a woman and I never had a patient question that. I fail to see how the people who accept me socially should take offense accepting me legally. On the contrary I do get questions as to why I still haven't changed my SSN... welll...
The politicians who are against legal recognition I guess have never had a personal relationship with a transsexual.


Quote from: Valeriedances on May 31, 2011, 02:57:20 PM
I have said repeatedly that FtM's change of sex is determined by their own standards of care. Why does everyone keep bringing up FtM's surgery to me? Dont they have an existing path of transition as MtF's do?

Because those special criteria are for one thing the reason why it is SIX times more difficult to have a surgery permit for a Danish woman than it is for a Danish man and because it highlights that the surgical requirements are NOT solely about relieving the body dysphoria of the transsexual, but just as much about relieving the social unease about natural diversity.

"We are literally molded to fit societal values."
[The missing vagina monologue. URL: http://www.mrkh.org/files/MVM-perform2004Column.pdf ]

The junction between sex and gender meant that I was prohibitted from socialising and being accepted as a member of the gender with whom I identify for the main part of my life. No doubt it affected my body image, because my body was used as an explanation for not accepting me. I don't say that it is wrong to be binary in any aspect, but I do think it would benefit us all to loosen the sex / gender joined stereotypes. I believe upholding it reproduces exactly those conditions which marginalized and stigmatized us first place.
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cynthialee

So long as our society comes from a place of mysogyny we will never have complete rights.

We will be othered, reviled and considered less than by the majority of this culture until the society as a whole shakes off the shakles of mysogyny.
So it is said that if you know your enemies and know yourself, you can win a hundred battles without a single loss.
If you only know yourself, but not your opponent, you may win or may lose.
If you know neither yourself nor your enemy, you will always endanger yourself.
Sun Tsu 'The art of War'
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Ann Onymous

Quote from: cynthialee on May 31, 2011, 04:25:10 PM
So long as our society comes from a place of mysogyny we will never have complete rights.

We will be othered, reviled and considered less than by the majority of this culture until the society as a whole shakes off the shakles of mysogyny.

oh puhleez.  Misogyny has NOTHING to do with wanting to maintain a binary system for legal purposes. 
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Tippe

It's not as much about legal reasons as it is a question about norms, I think.

For instance Sweden has sex neutral marriage and I believe very few, if any, laws treating the sexes differently. Yet some forces are eager to maintain a dichotomous system.

People who transgress gender boundaries confront the majority population with the question: Do I live my life according to the gender norms which resonates with my personality. That is a tough question to people, whether they have worked on gender issues or not and the natural response from the majority is to deny the possibility of transgressing gender boundaries. If they succeed denying the existence of alternative gender expressions then they save themselves from considering their own position in the gender system!
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Tippe

Or as a man in my dormitory said once: "Tippe you make MY balls shrink"

which means that my breaking the sex / gender junction caused him to question HIS masculinity!
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Mika

Quote from: Valeriedances on May 31, 2011, 10:25:01 AM
Expecting to change a legal identification system that is in place around the world and works for billions of people for the sake of a very tiny few people that wouldnt have surgery (transsexual non-opers. a few hundred/ few thousand) is completely unrealistic and an arrogant view, however popular it may be here. I am not name calling, just reflecting on what I just stated. Changing billions for a few.

You really expect to change a system of billions of people?

If you identify as the gender that does not match your body, lets fix the body.
This is erasure of a minority, which I find strange within out own community. The trans community is estimated to be, what, 1% of the population? Isn't that one of the justifications for our oppression, that we are such a small percentage and that we therefore don't matter? Removing sex from legal documents isn't unrealistic: it is just, would only alleviate oppression, and wouldn't cause anyone problems. There are only minimal, one-time administrative costs with removing sex from legal documents, and even that could be eliminated by just not recording that information for future citizens. Initiating and perpetuating  single-payer health care system has huge star-up costs, staggering and forever increasing upkeep costs (both direct and as a result of removing capital from the private sphere), huge political barriers, and a slew of other problems, social and economic.

What is unrealistic is to believe that universal health insurance will be instituted everywhere, that SRS and hormones will be covered and accessible, and that bureaucratic guidelines will be fair, consistent and respondant to individual human needs. What is arrogant is to say that non-binary identified people, transsexuals with disabilities, transmen, and those who do not wish to undergo SRS must do so in order to be legally recognized and not harassed by the state.

Quote from: Valeriedances on May 31, 2011, 11:14:51 AM
I do not see how I or my view oppresses anyone. I advocate medical help for all transsexual people.

Are we talking of gender recognition or not? How does the human race identify a gender other than physically since the beginning of time?

I'm still asking, do you expect to change a system that works for billions of people?

Maybe that is what the transgender movement is about. I will fight against it because of my own concern for the creation of 3rd gender status that I might be forced into.
It works for most people because most people are cisgendered and never have to question the system or be oppressed by it.

Cisgendered society has, historically and largely to this day, determined gender by sex: this is called gender essentialism, and is actually a huge barrier to the entire trans community, as well as cisgendered women. My gender is not determined by my lack of a penis, and I won't "become" a man when/if I can have a functioning penis. I AM a man.

Non-binary and binary identities already coexist: the issue is whether to oppress non-binary people with the state while privileging binary identities. This has nothing to do with the validity of your identity, one which we all affirm and that all should. If sex was removed from legal documents, then the state just wouldn't police bodies or identities, including your own. It sounds as if you fear society not recognizing your identity if non-binary identities are not invalidated, but your plan of action is to effectively "ban" those identities with an institution of violence in order to affirm your own. Nobody should "other" your identity, neither the state nor society, but to oppress genderqueer identities with the state is just as wrong, and doesn't help yourself or anyone else.

QuoteWhat is not acceptable is removing a path of normalcy that we now have for transsexual people and replacing that with a legal recognition of 3rd gender/other status. I fail to see how that is progress?
I advocate removing sex from legal documents. This helps everyone and hurts no one, and therefore is progress. Identities can be formed in by individuals and socially, not legally battled for if anyone dares to not be cisgendered.

QuoteI do not see conservatives and most cis people budging on gender identification. What  I do see as possible is their assigning us our own unique status which cannot be a good thing.
But you do see conservatives passing universal health care, paying for it into perpetuity, including SRS and hormones in coverage, creating and maintaining trans-friendly guidelines for SRS qualiifcation, and allowing for fair and balanced rules to change legal sex identification? I don't want the institution of violence known as the state policing bodies and identities in ANY way, that is the only way the state won't abuse power and oppress people the trans community.

Quote from: Valeriedances on May 31, 2011, 05:01:01 PM
Because I believe there will be a public backlash against what the public will view as gender deconstruction, anarchy and chaos. I believe the public would rather other us than allow us to change our gender merely upon our word.
First of all, recognizing the factual coexistence of non-binary bodies and identities along side binary identities and bodies does not constitute the end of gender, and such a shift in perception would only be a good thing. Secondly, "anarchy" is a social philosophy that advocates a stateless society, of which there are many nuanced types (including anarcho-socialism, anarcho-feminism, anarcho-synidcalism, anarcho-capitalism, and queer anarchy, to name a few), and is in no way synonymous with "chaos." And thirdly, removing state policing of bodies and identities would not lead to chaos, but would remove the bureaucratic sprawl of overlapping jurisdictions and agencies that currently dictates legal recognition. And lastly, a fear of societal bigotry is no reason to use violent force to oppress a part of our own community due to our own ableism, classism, sexism, and (ironically) transphobia.
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MillieB

Quoteanarcho-socialism

I am going to have to look up how this is supposed to work as I don't think that I've ever heard such an Oxymoronic or ludicrous phrase in my life!

I don't think that anyone is advocating the oppression of others in this thread, but I'll admit that being accused of it simply because I disagree with someone's opinion just drives me further away from caring about the whole subject. Much further! I do think that removing sex from legal documentation would be a positive thing as I would hope it would allow people to marry who they love and have equal rights within that marriage. But it would also open up a whole can of worms as it would eliminate gender specific areas, bathrooms, jobs etc.. (It would have to otherwise it would be discriminatory) and I can't see that going down too well with Joe Public.

I think that more thought needs to go into it rather than just removing everything, there has to be a way to sensibly remove the problems and give people equality and respect without obliterating many of the gender specific legislation that exists to sensibly protect people (particularly women)

I have started thinking during this thread that everything we have been discussing about trans identity has been so recent as surgery has only been available for 60 something years and widely available for a lot less than that, whereas there is evidence that trans people have been around for as long as there have been people. They didn't get surgery but many did live life as themselves. Were they not Troo Transsexuals? Do they not deserve to be thought of as such. What about the billions of people on this planet who's income goes on trying to stay fed and warm? Are the trans men and women living in this situation not real either because surgery will never be within their grasp?

There are many reasons why a transsexual person might end up non op. All I know is that although I do feel that I need surgery to feel complete within myself, it will not make me a woman because I already am one, I have always been one. I would like the law to reflect that, even if I couldn't have surgery.
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cynthialee

If you can not see the inherant mysogyny that is behind the transphobia that keeps us from getting our rights then you are not looking deep enough.
So it is said that if you know your enemies and know yourself, you can win a hundred battles without a single loss.
If you only know yourself, but not your opponent, you may win or may lose.
If you know neither yourself nor your enemy, you will always endanger yourself.
Sun Tsu 'The art of War'
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Ann Onymous

Quote from: cynthialee on May 31, 2011, 09:07:57 PM
If you can not see the inherant mysogyny that is behind the transphobia that keeps us from getting our rights then you are not looking deep enough.

Not all of us go looking for the boogeyman behind every nook and cranny...it is no different than my day job- sure I could manufacture some contrived due process violation giving rise to a 1983 action if I really tried, but just because I could advance some bull->-bleeped-<- claim does not mean it really existed.  And yes, I have sold (and helped to sell) some serious bull->-bleeped-<- to the courts and State agencies in my career...some of which was even bought to the tune of finding State officials personally responsible for civil rights violations.
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Ann Onymous

Quote from: Valeriedances on May 31, 2011, 09:12:58 PM
I simply stated that a system that works for billions of people around the world is not going to be changed for a few people. Yet you are angry at me for saying it.

My opinion for legal recognition is just my opinion. It is one of the options in the poll. If that offends you, I dont know what to say.

now now Val...you know as well as I do that we fall in the minority...and this thread has become yet another perfect example of what the Collective whines about on a regular basis- the minority being oppressed by the majority.  Sadly, they don't GET that by seeking to stamp out our voices, they do the exact damned thing they accuse the cis-majority of doing. 

Apparently you and I and others who were post-op did not get the addendum that stated we agreed to be 'othered.' 

Oh wait...some have been trying to 'other' me for the past 20 years ever since that whole 'non-op transgender' nonsense started getting crammed down peoples throats...it pissed me off then and it pisses me off now (albeit for a very different reason now than it did then). 
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Mika

Quote from: MillieB on May 31, 2011, 09:06:18 PM
I am going to have to look up how this is supposed to work as I don't think that I've ever heard such an Oxymoronic or ludicrous phrase in my life!

I don't think that anyone is advocating the oppression of others in this thread, but I'll admit that being accused of it simply because I disagree with someone's opinion just drives me further away from caring about the whole subject. Much further! I do think that removing sex from legal documentation would be a positive thing as I would hope it would allow people to marry who they love and have equal rights within that marriage. But it would also open up a whole can of worms as it would eliminate gender specific areas, bathrooms, jobs etc.. (It would have to otherwise it would be discriminatory) and I can't see that going down too well with Joe Public.

I think that more thought needs to go into it rather than just removing everything, there has to be a way to sensibly remove the problems and give people equality and respect without obliterating many of the gender specific legislation that exists to sensibly protect people (particularly women)

I'm not an anarcho-socialist, and I don't know all the nuances yet unfortunately, but it differs greatly from statist socialism, and isn't oxymoronic as it may seem in name. It advocates for a stateless society with worker-ownership of the means of production, community-run services such as education, and the abolishment of capitalism as a whole. I think it's interesting as a philosophy, but I'm not sure how production would actually work and I'm skeptical on the description of community education. I'd recommend looking into anarchy systems, however, even if just to have a more full understanding of alternatives to mainstream political philosophies and oppressions.

I realize I have a strong opinion on this, and that most voters would not agree as it stands. But I genuinely believe that using an institution maintained only through violence and theft to police bodies and identities is oppressive. I don't have anything against people disagreeing with me, but as a Rothbardian anarcho-capitalist with queer anarchy influences mixed in with a little mutualism coming from an Austro-praexological perspective (mouthful, sorry lol), I whole heartedly believe that the state using violence or threat of violence to police bodies and identities is not justifiable.

As for gender-specific areas, private businesses/facilities can have their own rules. I personally like the idea of male identified restrooms, female identified restrooms, and gender-neutral single stall facilities, but won't enforce it through any kind of state. I can get more into my ideas on how these things could work, but that might derail the thread. However, we don't have to live in a stateless society to remove sex from legal documents.

Quote from: Valeriedances on May 31, 2011, 09:12:58 PM
You have so much anger.

I simply stated that a system that works for billions of people around the world is not going to be changed for a few people. Yet you are angry at me for saying it.

My opinion for legal recognition is just my opinion. It is one of the options in the poll. If that offends you, I dont know what to say.

I, myself, am included in the inability to complete legal recognition. I live in one of the states that will not change a birth certificate. I accept the things I cannot change. It isnt a perfect world, and there is not much I can do about it. So, according to some views, I'm erased too.

But, I've had my body corrected and I am happy. What I wish for is that those who are unable to can as well. That is why I advocate adding insurance coverage for surgery.
I am not angry with anyone. I wrote a point-by-point, uncompromising argument because I am passionate about this issue. You never offended me, you are entitled to your opinion uncensored by anyone, just as I am entitled to mine. This does not need to be a debate, and you are not obligated to respond to my points. But to only say I am angry doesn't address any of the points I made. I feel like we've come to an impasse of constructive dialog.
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tekla

Good luck on getting the public at large and the legal system to agree on something we can't even agree upon ourselves. 
FIGHT APATHY!, or don't...
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Mika

Quote from: FairyGirl on May 31, 2011, 10:35:56 PMDoes that make me guilty of saying "I've got mine; I don't care about yours" as I was accused of in the elitist thread where I had the lack of foresight to actually voice the opinion that in light of living in the real world, calling each other names was petty and trite?
Holding this opinion does not justify anyone committing ad hominem attacks. And in no way does being post-op require that you sign on for a life of activism. But I do think it is unfortunate to support state regulation of identities and bodies (in our own community) that are not as well served by the current system as you. But I fully respect your right to this opinion.

QuoteI actually even reported this thread to the mods when there were only 2 replies because I saw it as just another way to cause polarization and divisiveness, and it seems my assessment wasn't far off the mark.  Is it any wonder that, as Millie said, all these ridiculous accusations of misogyny, transphobia, being "ableist" (seriously?), and all the rest being tossed around make us just want to stay far, far away from anything to do with these inflammatory subjects?
Is a dialog that is controversial better to silence than to discuss in a civil manner? Some of the ideas that have been presented are sexist, ableist and transphobic. Nobody was called a bigot. There is a difference.

I am not sure why you find the concept of ableism ridiculous. It is a greatly disseminated term to describe the oppressions of people with disabilities. To deny legal recognition to transsexuals with disabilities but grant it to transsexuals who are able bodied is very blatantly ableist.

Many trans-friendly feminist theorists, writers and thinkers agree that transphobia has very real and traceable roots in misogyny. This claim is neither ridiculous nor unsupported in literature.

To deny the validity of large portions of the transgender community is transphobic, and this is what denying non-binary identities and bodies does.

None of these statements are inflammatory, but are pointing out oppressive implications of opinions. Name calling, belittling, and silencing voices is inflammatory, not disagreement itself. A controversial topic should not be avoided out of fear that some people may resort to attacks rather than discourse, but rather people should just be mature and civil. The fact is that this is a topic with the potential for many nuanced opinions, and it's not black and white or polarized.  At the end of the day, some of us may not change our minds. But at least the topic has been breeched, and people are thinking. Who knows, maybe someone's understandings of the issue have been nuanced?
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Anatta

Kia Ora,

::) Perhaps those of us who are post op,[and legally recognised] should step aside and let those who this "really" does concern, have their say...After all we are already there...wherever that might be...

Be nice to one another people...This topic is designed to make people think...I tend to agree[find valid points] with much of what's been said on both sides...But then that's just me...

::) It amazes me when people who are "above" all this [well so they say/believe] still have to have their say...But I guess it's a woman's prerogative to change their minds...So welcome ! 

Metta Zenda :)
"The most essential method which includes all other methods is beholding the mind. The mind is the root from which all things grow. If you can understand the mind, everything else is included !"   :icon_yes:
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Anatta

Kia Ora,

  ::) The heated "healthy" debate, no doubt will have some still fuming long after this topic is closed...Might I suggest those who are somewhat frustrated because their views were challenged, not to take whats been said to heart. Bearing in mind you still have your views in tacked, no physical harm done-just perhaps a little denting of ones pride that's all...

::) Come to think of it, some might even have been having a sly dig at myself with some of the comments I've read "Ouch"...But I guess that comes with the Territory...

However if the mods feel the topic is getting out of hand , that is members are not able to police themselves, then please closed...

Metta Zenda :)
"The most essential method which includes all other methods is beholding the mind. The mind is the root from which all things grow. If you can understand the mind, everything else is included !"   :icon_yes:
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