What is it about the incongruence of sex and gender that disturbs so many? Most religions and societies believe in some form of the golden rule: ‘do unto others as you would have them do unto you’. In this context, we would want to let others be comfortable in their skin – even if there is that incongruence – just as we expect others to let us be comfortable in our skin. The non-religious arguments against transgender people can be the same as those used against psychopaths. Many of the arguments boil down to the question of potential. Just as transgenderists could use their shapeshifting abilities for nefarious ends, so could the psychopaths. Both groups are demonized for unjust reasons in the absence of immoral actions by individuals belonging to either.
It is interesting then that such persecuting groups are, in essence, acting immorally by imposing sentences on uncommitted crimes. These people are judging based off what could be, not what is. For the transgenderist, this results in the inability to have their legal sex reflect their internal gender identity, legalized discrimination in the fields of employment and housing, and many other inconveniences. For the psychopath, the consequences are much more dire. A simple case of battery or petty theft can turn into indefinite incarceration if the diagnosis of psychopathy is obtained. In the absence of an observable pattern of criminal behavior, the psychopath is judged for what others believe could happen. In both cases, we run perilously close to convicting based on thought crimes. And the truth is, the only thought crime to be had is by those scared of the potential of the marginalized group being scorned.
It is undoubtedly true that some, although a very small number of, transgenderists will use their incongruence to intentionally perform shady acts in the eyes of society, be it circumventing marriage laws, gaining access to spaces that guarantee that those around them are weaker than they for easy assaults, avoiding the draft, charming others that they want to use, so on and so forth. It is true that some transgenderists exist without the dysphoria typically required in order to transition. I would know. It is also undoubtedly true that some psychopaths will commit criminal acts, some of which could be heinous. However, we cannot allow society to preemptively act as judge, jury, and executioner for things that have not happened. This is what the fear for many distills down to. To let such fears dictate how we treat other human beings is to violate the golden rule. However, most are perfectly fine with this contradiction.
Ironically, many psychopaths do not fall in this same trap. The reason is simple. The amoral psychopath does not let the rules and fears of society dictate his own interpretation of the world and others around him. The amoral psychopath, knowing his own proclivities, realizes that others could be just like him. However, do not misunderstand me. The psychopath is not bound to the Golden Rule. It is an inconvenience due to its expectation from others and of its limiting of the self. The difference is that we never pretended to live by the rule in the first place. The scum described above does.