This is a collection of essay on transgender issues: Law, Language, Sport, and Metaphysics. [3rd edition, extended and updated, 2023].

Published in the American Journal of Bioethics.

There is an emerging consensus within Natural Law that explains transgender identity as an “embodied misunderstanding.” The basic line of argument is that our sexual identity as male or female refers to our possible reproductive roles of begetting or conceiving. Since these two possibilities are determined early on by the presence or absence of a Y chromosome, our sexual identity cannot be changed or reassigned. I develop an argument from analogy, comparing gender and language, to show that this consensus (...) is premature. Language and gender imbue our body with further social meaning and so, I conclude, that just as we can learn multiple languages, so too can we learn multiple genders. Since language and gender each constitutively contribute to our wellbeing as a “second nature,” I argue against this consensus to show that the reason people who are transgender struggle to flourish is not because of a “troubled trans psyche,” but because there are conceptual, interpersonal, and institutional obstacles stacked against them. (shrink)

Preface: The following article is an adaptation of an open letter sent by the au- thor to the local U.S. Elementary School Administration on October 14, 2022, in response to the introduction of Transgender Literature in grades 2 and above (starting age 7) in the local US elementary school attended by the author’s children. More specifically, children have been introduced to three books: I Am Jazz, by Jessica Herthel and Jazz Jennings; Jacob’s New Dress, by Ian Hoffman and Sarah (...) Hoffman; and Born Ready. The True Story of a Boy Named Penelope, by Jodie Patterson. As part of this, children have been asked to join discussion in class to talk about the contents of each book and other related literature. Of note, several meetings with the administration and the school board have followed, but no changes have been made to the administration and content of the literature presented to children, with the exception of parents’ voluntary exclusion, per direct request, of their children from class time in which the books above and related new literature will be discussed in the future. Furthermore, these topics have also been discussed as part of a recent Lecture the author presented at the Academy of Sciences of Rome with the title “Science or Ideology?” in November 2022. (shrink)

'Transgender’ is often described either as an identity, or else as the full spectrum of gender nonconformity. In this essay, I suggest that these descriptions do not align with the conceptual labor that we often ask ‘transgender’ to do: highlighting people who engage in forms of self-directed gender nonconformity that are heavily penalized.

Representing the best popular and scholarly contributions to transgender/ sex studies, and with their mutual concern with female-to-male sex and gender crossing (among other topics), these three books mark an important shift in scholarship on gender and sexuality. Trans studies has reached a level of autonomy and sophistication that firmly establishes it as a field with its own theoretical and political questions. Of course, connections to feminist and queer theory are still very apparent in these texts, and all three (...) authors are committed—to varying degrees—to reading trans identities against the backdrop of male dominance and heteronormativity. It’s no longer enough, however, for feminist readers to dismiss the projects of trans theorists and activists as epiphenomenal to feminist discourses or even queer theory, or to view trans studies as an optional extra in discussions of sex and gender. These books represent the best arguments against this position, and thus offer a new challenge to the inclusivity, scope, and terms of “women’s studies.”. (shrink)

Background: Transgender health care is a subject of much debate among clinicians, political commentators, and policy-makers. While the World Professional Association of Transgender Health (WPATH) Standards of Care (SOC) establish clinical standards, these standards contain implied ethics but lack explicit focused discussion of ethical considerations in providing care. An ethics chapter in the SOC would enhance clinical guidelines. Aims: We aim to provide a valuable guide for healthcare professionals, and anyone interested in the ethical aspects of clinical support (...) for gender diverse and transgender people of all ages. Recognizing that the WPATH is a global association, we address broad challenges. We offer a reflection on general ethical principles, providing conceptual tools for healthcare providers, patients, and families to navigate the specific challenges they might encounter in transgender health care, in line with WPATH’s worldwide mission and scope. Method: This article employs a descriptive analysis, and our framework of reference is the four principles of biomedical ethics: respect for autonomy, beneficence, nonmaleficence, and justice. Results: The article presents a discussion on the four ethical principles as applied to transgender health care. We address issues such as respect for patient autonomy in decision-making, the role of beneficence and nonmaleficence in clinical interventions, and the importance of justice in equitable treatment and access to care. Some of the ethical concerns we address in this article pertain to the current sociopolitical climate, where there has been increasing legal interference, internationally, for transgender and nonbinary people, particularly youth, seeking medical care. Discussion: We highlight the interplay between ethical principles and clinical practice, underscoring the need for ethical guidance in addressing the diverse challenges faced by healthcare providers and patients in transgender health care. We advocate for continuous refinement of ethical thinking to ensure that transgender health care is not only medically effective but also ethically sound. (shrink)

Trans theory is characterized in part by the apparent tension between discursive analyses of cisgender society and phenomenological descriptions of trans experiences. While traditional inquiry into the history of philosophy proposes an interminable opposition between phenomenology and discourse analysis, Rubin’s alternative suggestion is that within the domain of trans studies that they fulfill complimentary dimensions of investigation. Discourse analysis and phenomenology converge in trans studies because they are submitted to the same ethical and political imperative: the systematic development of the (...) trans archive. Both discourse analysis and phenomenology as methods in trans studies are directed toward the development of a genuinely trans history, perspective, and theory, with special methodological consideration toward the way that this perspective is misunderstood or obscured by dominant frameworks within cisgender society. In what follows, I provide a brief reconstruction of two major interventions in trans phenomenology, demonstrating that each is carefully concerned with distinctly archival considerations, but I further argue that each project remains incomplete because of an incomplete bracketing of medicalized cisgender concepts. I then propose a brief alternative program aimed at the full suspension of cisgender categories that I call transgender existentialism. (shrink)

This essay explores the complex relationship between gender and aesthetics, namely through the lens of the transgender movement. After a brief study of the challenges related to the history of gender variance and normativity, the essay will follow the trajectory of Kant’s Critique of Judgment, focusing primarily on the conception of the sublime, and move to explore connections with the work of gender theorist and public health advocate Benjamin T. Singer, whose work develops a rhizomatic model of the (...) class='Hi'>transgender sublime. Utilising this framework, the discussion will then examine connections and parallels with the work of Rancière and later Gianni Vattimo. The final section will then explore the concept of aesthetic emergencies from Santiago Zabala, Vattimo’s pupil, who associates both Rancière and Vattimo with this concept while at the same time drawing from Heidegger’s writings. Through a re-examination of the sublime and the work of these theorists, this paper will illuminate potential new connections, pathways, and possibilities for the transgender movement, aesthetic theory, and political engagement. (shrink)

Analytic philosophy has transgender trouble. In this paper, I explore potential explanations for this trouble, focusing on the notion of 'cisgender commonsense' and its place in philosophical methodology.

This essay develops a concept of curiotization, through which people are reduced to a curio for the fascination of others. I argue that trans people as they have appeared in media, philosophy, and narratives of history are curiotized as forever fascinating, new, titillating, and controversial. In contrast to the narrative of momentous trans progress in the mid-2010s, I point out that frameworks such as the "Transgender Tipping Point" worked to position its "trans moment" as unprecedented and always on the (...) threshold of arrival. To work through a specific example, I point to decades of renewed fascination over trans women being capable of breastfeeding and the long history of trans fascination in popular music. I conclude by emphasizing the obscured world-historical presence of transsexuality as it coincides with the history of pharmaceuticals, hormone technologies, and birth control. In contrast to a "goldfish memory optics" through which trans people become eternally new, fascinating, and debatable, I stress the importance of restoring the complexity of "trans" and its histories back into an understanding of the present. (shrink)

This essay examines narratives of fundamental change, which portray a break in the continuity between a pre-transition and post-transition transgender subject, in accounts of transgender transitions. Narratives of fundamental change highlight the various changes that occur during transition and its disruptive effects upon a trans subject’s continuous identity. First, this essay considers the historical appearance of fundamental change narratives in the social sciences, the media, and their use by families of trans people, partners of trans people, and trans (...) people themselves. After this is a consideration of Mark Johnson’s account of narrative as a meaning-making activity that occurs in the context of social norms. Johnson’s account is then applied to narratives of fundamental change to explain why these narratives occur, especially in relation to social norms and lived experience. The essay concludes by considering the trajectory of fundamental change narratives, looking at emerging transgender narratives, which stress a more integrated, complex account of transgender lives. (shrink)

Chinese translation by Zhuanxu Xu. Analytic philosophy has transgender trouble. In this paper, I explore potential explanations for this trouble, focusing on the notion of 'cisgender commonsense' and its place in philosophical methodology.

Using Ursula K. Le Guin’s The Left Hand of Darkness as an inspirational backdrop, a novel whose story unfolds on a genderless planet that nevertheless relies on reproductive sex for the sake of generativity, this paper tackles the sex/gender debate, its entanglements with procreation, and its consequences for transgender pregnancies. More specifically, I analyze three issues that pose barriers to thinking about a more inclusive reproductive ethics: state-sanctioned sterilization, non-reproductive futurism, and access to assisted reproductive technology.

Florence Ashley has argued that requiring patients with gender dysphoria to undergo an assessment and referral from a mental health professional before undergoing hormone replacement therapy is unethical and may represent an unconscious hostility towards transgender people. We respond, first, by showing that Ashley has conflated the self-reporting of symptoms with self-diagnosis, and that this is not consistent with the standard model of informed consent to medical treatment. Second, we note that the model of informed consent involved in cosmetic (...) surgery resembles the model Ashley defends, and that psychological assessment and referral is recognised as an important aspect of such a model. Third, we suggest that the increased prevalence of psychiatric morbidity in the transgender population arguably supports the requirement of assessment and referral from a mental health professional prior to undergoing HRT. (shrink)

‘Gender disappointment’ is regularly reported by those whose child’s sex does not match the sex that they, the parent, desired. With symptoms ranging from mere fleeting sadness to documented cases of serious depression, alienation from one’s child, and emotional suffering, it is clear that so-called ‘gender disappointment’ is a serious issue, that has, as yet, seen little philosophical attention (though see Hendl and Browne 2020). In this chapter I explore gender disappointment, not from the perspective of a parent who ended (...) up with the child of the wrong sex at birth, but rather, from the perspective of a different kind of gender disappointment: the transgender person who grew up and only then disappointed their parents by turning out to be the ‘wrong’ gender. This perspective, I argue, reveals a great deal about the shared gender essentialism at the heart of patriarchal and cissexist ideology. Moreover, I will argue that it reveals the underlying propertarian relationship of parents to their children under contemporary capitalism – a troubling relationship that legitimates the treatment of children as objects to be designed and controlled as commodities at the whims of parents. In this way I disagree with Whyman when he writes that “a preference for having a child of one sex over the other should be considered one of those irrational things of which some sense can nevertheless be made – like aesthetic taste” (Whyman 2021, 113-114). I argue, to the contrary, that the desire for a child of one particular gender is not akin to a mere unproblematic aesthetic preference. Instead, and following the rich feminist tradition of thinking about the patriarchal origins of sexual desire, I argue that we must see these desires as troubling reflections of dominant patriarchal and cissexist ideology, underwritten by a particular neoliberal capitalist mode of production. Moreover, we can seek to change those desires. (shrink)

Recent debate regarding transgender persons’ bathroom-utilization prerogatives raises broader issues concerning current practices of sex segregation more generally. I argue that the only consistently Progressive position on bathroom access is an outright opposition to any form of bathroom segregation. This opposition, in turn, entails a thorough-going rejection of all types of sex- and gender-segregation. I then suggest that Progressives uncomfortable with such wide-ranging implications may wish to consider the merits of a certain Traditionalist position on such matters—one that counsels (...) caution and legislative forbearance when it comes to overturning long-standing customs (such as those embodied in current practices of sex-segregation). (shrink)

This paper addresses two related topics: 1. The disanalogies between elective cosmetic practices and sex reassignment surgery. Why does it seem necessary for me – an aging professional woman – to ignore the blandishments of hairdressers wielding dyes and dermatologists wielding acids and scalpels? Why does it not seem equally necessary for a transgendered person to repudiate sex reassignment procedures? 2. The role of the body in identity and agency. How do phenomenological insights regarding the constitution of selfhood in relation (...) to the interplay between the body image and corporeal know-how contribute to an account of the agency of transgendered individuals? Studying several paintings by contemporary feminist artist Jenny Saville has advanced my thinking on these topics. Saville’s imagery is an invaluable aid to reflection on these issues because she uses her painterly technique, which critics often dub “virtuoso,” to represent lived human bodies. In her work, viewers encounter representations of subjectivized, agentic corporeity, as distinct from inert, objectified flesh. Moreover, her sympathetic engagement with nonconformist, devalued bodies helps to reconfigure the standard gestalts of the human body that viewers typically carry with them and thus to convert fear and/or disgust into appreciation and understanding. In this paper, I consider three of Saville’s paintings. Plan, Saville’s self-portrait as a nude female whose body has been prepped for liposuction, conveys the pathos of this procedure. Matrix is a nude portrait of self-described “gender variant visual artist” Del LaGrace Volcano. In the words of one critic Saville’s depiction of Volcano’s nude intersexed body “restores beauty to the primitive [female] genital organ.” Passage, another nude portrait of an intersexed individual, is an image of vibrant sexuality despite the presumptively jarring juxtaposition of breasts and a penis. I argue that conceiving the agentic subject as a rational deliberative capability that uses a conjoined body as the instrument of its will makes it impossible to theorize the agency of transgendered people. In contrast, when agentic subjects are understood as embodied subjects and embodiment is understood as a dimension of practical intelligence, the agency of transgendered individuals is intelligible. (shrink)

In this article, I consider the harms inflicted upon transgender persons through “misgendering,” that is, such deployments of gender terms that diminish transgender persons’ selfrespect, limit the discursive resources at their disposal to define their own gender, and cause them microaggressive psychological harms. Such deployments are morally contestable, that is, they can be challenged on ethical or political grounds. Two characterizations of “woman” proposed in the feminist literature are critiqued from this perspective. When we consider what would happen (...) to transgender women upon the broad implementation of these characterizations within transgender women’s social context, we discover that they suffer from two defects: they either exclude at least some transgender women, or else they implicitly foster hierarchies among women, marginalizing transgender women in particular. In conclusion, I claim that the moral contestability of gender-term deployments acts as a stimulus to regularly consider the provisionality and revisability of our deployments of the term “woman.”. (shrink)

In this article, Bettcher argues that sexual attraction must be reconceptualized in light of transgender experience. In particular, Bettcher defends the theory of “erotic structuralism,” which replaces an exclusively other-directed account of gendered attraction with one that includes a gendered eroticization of self as an essential component. This erotic experience of self is necessary for other-directed gendered desire, where the two are bound together and mutually informing. One consequence of the theory is that the controversial notion of “autogynephilia” is (...) rejected. Another consequence is that the distinction between gender identity and sexual orientation is softened. (shrink)

According to some philosophers, gender is a social role or pattern of behavior in a social context. I argue that these accounts have problematic implications for transgender. I suggest that gender is a complex behavioral disposition, or cluster of dispositions. Furthermore, since gender norms are culturally relative, one’s gender is partially constituted by extrinsic factors. I argue that this has advantages over thinking of gender as behavior, and has the added advantage of accommodating the possibility of an appearance/reality dissonance (...) with respect to one’s gender. (shrink)

In this peer commentary on Maura Priest's "Transgender Children and the Right to Transition: Medical Ethics When Parents Mean Well but Cause Harm", I argue against the "mismatch" model of trans identity. On this model, which is prevalent in institutional and medical contexts, to be trans is to have one's gender identity "mismatch" with one's sexed body.

In 2011, a 5,000-year-old “male” skeleton buried in a “female” way was discovered by an archaeological team just outside of modern-day Prague. This article queries the impulse to name such a discovery as evidence of transgender identity, and bodies, in an increasingly ancient past. To do so, it takes up the work of Denise Ferreira da Silva, Sylvia Wynter, and Hortense Spillers as a means to push back against the impetus to name such discoveries “transgender” in order to (...) shore up the legitimacy of contemporary trans identity. Each of these three thinkers offers a different vantage point for rethinking such naming practices that push the reader to consider how desires to name and place “transgender” in a distant past papers over the violence of plantation slavery, global imperialism, and the Enlightenment's shift toward scientific reason. This article argues not that such anthropological discoveries should not be considered transgender, but rather that the desire for them to be, or become, transgender does not legitimate contemporary transgender identity, and may instead treat certain iterations of transness as spatially and temporally universal. (shrink)

Trans is usually defined as the set of practices and identities outside of the binary gender system and includes individuals who identity as genderqueer, transgender or transsexual. Trans theories refer to a range of approaches including medical and psychiatric theories, performativity and social constructionist theories, and queer theory, that are used to explain transgender practices and identities.

The “born this way” narrative remains a popular way to defend nonnormative genders and sexualities in the United States. While feminist and queer theorists have critiqued the narrative's implicit ahistorical and essentialist understanding of sexuality, the narrative's incorporation by the state as a way to regulate gender identity has gone largely underdeveloped. I argue that transgender accounts of this narrative reorient it amid questions of temporality, race, colonialism, and the nation-state, thereby allowing for a critique that does justice to (...) the enmeshment of categories of difference. (shrink)

In this article, I extend the feminist use of Friedrich Nietzsche’s account of memory and forgetting to consider the contemporary externalization of memory foregrounded by transgender experience. Nietzsche’s On the Genealogy of Morals argues that memory is “burnt in” to the forgetful body as a necessary part of subject-formation and the requirements of a social order. Feminist philosophers have employed Nietzsche’s account to illuminate how gender, as memory, becomes embodied. While the account of the “burnt in” repetitions of gender (...) allows us to theorize processes of embodied identity on an individual level, analyzing gender today requires also accounting for how gender is externalized. I take up this question through the specific examples of identity documents and sex-segregated bathrooms. Returning to Nietzsche’s call to practice a resistant forgetting, I conclude by exploring the distinct strategies required to disrupt externalized memory. These strategies include contesting the use of past gender assignments in data collection and rewriting architectural reminders of gender. (shrink)

Invited commentary on Nicole A. Vincent and Emma A. Jane, “Interrogating Incongruence: Conceptual and Normative Problems with ICD-11’s and DSM-5’s Diagnostic Categories for Transgender People” Australasian Philosophical Review, in press. -/- The core of Vincent and Jane’s Interrogating Incongruence is critical of the appeal to the concept of incongruence in DSM-5 and ICD-11 characterisations of trans people, a critique taken to be ground-clearing for more trans-positive, psychiatrically-infused medical interventions. I concur with Vincent and Jane’s ultimate goals but depart from (...) the view developed in the paper on two fronts. The first is that I remain sceptical about the overall prospects for truly trans-positive psychiatry. Trans should follow homosexuality and other categories of sexual orientation that have been abandoned rather than reformed as constituents of psychiatric diagnosis and categorisation. The second is that I think that the authors’ central criticisms of the appeal to incongruence are misplaced. (shrink)

[NOTE: I now disavow this essay, which was too accommodating of trans ideology.] Surprisingly, it follows from commonplaces about sex and gender that there is a widely-practiced variety of transgenderism achievable through sex/gender “exaggerating.” Recognizing exaggeration as trans---or at least its moral equivalent---has several important consequences. One is that, since most traditional cultures endorse exaggeration, trans lifestyles have often been mainstream. But more importantly, recognizing that gender exaggeration is trans (or its moral equivalent) reveals a number of sex- and gender-discriminatory (...) practices and intolerant attitudes: from pathologizing hypergender to legally restricting androgenic hormones, many people who consider themselves trans allies are less consistent in their support of transgender lifestyles than they realize. Thus, seeing exaggerators as trans not only follows from a better grasp of transgenderism, but also reveals new arguments in favor of greater gender freedom against gender-policing by both conservatives and progressives. (shrink)

This article examines two manga, Stop!! Hibari-Kun! and No Bra, which prefigure the increasingly popular anime and manga genre of otokonoko from a queer studies perspective. Otokonoko, also known as otoko no musume, is a genre of manga in which persons assigned male at birth (AMAB) wear women’s clothing and are perceived as attractive women. The term otokonoko (男の娘) is pronounced identically to the term男の子, meaning boy-child; however, due to a pun in the kanji which replaces "child" (子) with "daughter"/"girl" (...) (娘), it translates to “boy-girl”, “boy-daughter”, or sometimes“boy-princess”. It is often translated into English as “cross-dresser”. The genre emerged in the early 2000s and has since become a popular point of reference and conversation both within and outside of anime and manga communities. Both the genre, and its titular characters have become iconic within both Japanese and Western online culture. As with most genres, the otokonoko genre is trope heavy, so I decided to look at works that prefigure the genre to better understand the appeal without the weight of the traditions of the genre weighing too heavily on the content. Both Stop!! Hibari-Kun! and No Bra follow the story of a boy who becomes increasingly attracted to a gender ambiguous character assigned male at birth, but who appears female to most. Both manga are centrally about this conflict between the love interests’ perceived maleness and the protagonists perceived heterosexuality. The article analyses the appeal of each work to both male and trans feminine readers, because what would later become the otokonoko genre is popular with both male and trans feminine readers. It also argues that these manga offer something unique from Western depictions of transgender lives, based on the popularity of manga and anime among Western trans feminine readers. (shrink)

Alex Byrne’s article, “Are Women Adult Human Females?”, asks a question that Byrne treats as nearly rhetorical. Byrne’s answer is, ‘clearly, yes’. Moreover, Byrne claims, 'woman' is a biological category that does not admit of any interpretation as (also) a social category. It is important to respond to Byrne’s argument, but mostly because it is paradigmatic of a wider phenomenon. The slogan “women are adult human females” is a political slogan championed by anti-trans activists, appearing on billboards, pamphlets, and anti-trans (...) online forums. In this paper, I respond to Byrne’s argument, revealing significant problems with its background assumptions, content, and methodology. (shrink)

In this article, Dembroff argues that the category nonbinary should not be understood in terms of presentation or psychological states, but instead in terms of how its members are politically situated with respect to the binary expectations of Western gender ideology.

"Why are there 'transsexuals' but not 'transracials'?" "Why is there an accepted way to change sex, but not to change race?" I have repeatedly heard these questions from theorists puzzled by the phenomenon of transsexuality. Feminist thinkers, in particular, often seem taken aback that in the case of category switching the possibilities appear to be so different. Behind the question is sometimes an implicit concern: Does not the (hypothetical or real) example of individual “transracialism” seem politically troubling? And, if it (...) is, does not the case of transsexuality merit equivalent critique? Or, conversely, if one accepts transsexuals as people with legitimate demands (e.g., on medical resources or single-sex spaces), then would one not also be committed to accepting the putative transracial in analogous ways? Understanding the ontological constraints and possibilities with regard to transforming one’s identity is, I suggest, a project that should accompany ethical evaluation of those transformations. Under what circumstances is it (un)ethical to leave behind a gender or racial group with which one has once been affiliated? This question is, again, especially pressing for radical thinkers who endorse the claims that race and gender taxonomies are internally hierarchical and constituted through relations of oppression, domination, and normalization. Changing one’s identity under these circumstances will surely always be linked, however tenuously, to consideration of the larger political and cultural milieu in which such changes are advantageous or disadvantageous, complicit with oppressive norms and/or resistant to them. To illuminate these larger questions, in this paper, I first provide three examples of the analogy thesis in feminist thinking about race and sex change, each of which draws ethical conclusions about individual motivation, political strategy, or public policy, premised on the assumption that race and sex change are equivalent phenomena. None of these accounts consider the genealogy of each category as significant to contemporary possibilities. I next offer a descriptive analysis that highlights different norms at play in contemporary North American understandings: Sex–gender, I argue, is essentialized as a property of the individual’s body, while race is essentialized with reference to both the body and ancestry. This analysis, I conclude, shows politically significant disanalogies between the categories, and reveals the importance of genealogical accounts of race and sex in thinking ethically about changing ourselves. (shrink)

This paper examines Harold Garfinkel's notion of the natural attitude about sex and his claim that it is fundamentally moral in nature. The author looks beneath the natural attitude in order to explain its peculiar resilience and oppressive force. There she reveals a moral order grounded in the dichotomously sexed bodies so constituted through boundaries governing privacy and decency. In particular, naked bodies are sex-differentiated within a system of genital representation through gender presentation—a system that helps constitute the very boundaries (...) between the public and private. (shrink)

Feminism has long grappled with its own demarcation problem—exactly what is it to be a woman?—and the rise of trans-inclusive feminism has made this problem more urgent. I will first consider Sally Haslanger’s “social and hierarchical” account of woman, resulting from “Ameliorative Inquiry”: she balances ordinary use of the term against the instrumental value of novel definitions in advancing the cause of feminism. Then, I will turn to Katharine Jenkins’ charge that Haslanger’s view suffers from an “Inclusion Problem”: it fails (...) to class many trans women as women. Jenkins offers a novel norm-relevancy account of woman to avoid the Inclusion Problem. Unfortunately, Jenkins’ account has serious internal problems, i.e. problems by Jenkins’ own lights: it is unintelligible, or it suffers from an Inclusion Problem of its own. After that, I will develop novel arguments for the conclusion that the project of Ameliorative Inquiry is both incoherent and also impossible to complete—at least, impossible to complete in a trans-inclusive way. Trans-inclusive feminism, therefore, would do well to move beyond Ameliorative Inquiry. Insofar as that’s not possible, trans-inclusive feminism inherits the incoherence of Ameliorative Inquiry. (shrink)

Die aktuelle Gesetzeslage in Deutschland sieht für amtliche Namens- und Personenstandsänderungen von trans Personen ein langwieriges, erniedrigendes und kostspieliges Gerichts- und Begutachtungsverfahren vor. Viele Hochschulen und Universitäten führen Studierende unter amtlichem Namen und Geschlechtseintrag, wodurch trans Studierende häufig erheblicher Diskriminierung ausgesetzt sind. Der vorliegende Critical Essay führt basierend auf einer Darstellung der aktuellen Situation Gründe an, warum Hochschulen trans Studierenden die Verwendung des selbst gewählten Vornamens und der zur geschlechtlichen Identität passenden Anrede bereits vor amtlicher Namens- und Personenstandsänderung ermöglichen sollten (...) und verweist auf bestehende Programme und Handlungsempfehlungen. (shrink)

There are two aims of this paper: (1) to explore the affective dimensions of moral shock and how it relates to normative marginalization of those furthest from dominant society, but also, more specifically; (2) to articulate the trans experience of constantly being under moral attack because the dominant “world” normatively defines you out of existence. Toward these ends, I build on Katie Stockdale’s recent work on moral shock, arguing that moral shock needs to be contextualized to “worlds” of sense to (...) understand how marginalized people affectively experience shocking events. My focus is the trans experience of moral shock due to the way trans people are positioned outside of dominant society, creating the conditions to experience cyclical, chronic shock. These affective conditions point to a collective responsibility to ease the affective stress that the most marginalized experience. (shrink)

Biological sex should be “acknowledged” and “accepted”—but which responses to gender dysphoria might this preclude? Trans-identified people may factually acknowledge their biological sex and regard transition as purely palliative. While generally some level of self-deception and even a high level of nonlying deception of others are sometimes justified, biological sex is important, and there is a nontrivial onus against even palliative, nonsexually motivated cross-dressing. The onus is higher against co-opting the body, even in a minor and/or reversible way, to make (...) a false communication concerning one’s sex. Hardest to defend is the destruction of sexual–reproductive functions and causally downstream functions such as lactation: due to the transcendent nature of sexual–reproductive functions, an appeal to the “principle of totality” here is misplaced. This is not to say that social, and milder medical, transition is absolutely excluded even for severe unmanageable dysphoria, nor that subsequent to any transition, detransition is necessarily required. (shrink)

Former NAACP chapter head Rachel Dolezal's attempted transition from the white to the black race occasioned heated controversy. Her story gained notoriety at the same time that Caitlyn Jenner graced the cover of Vanity Fair, signaling a growing acceptance of transgender identity. Yet criticisms of Dolezal for misrepresenting her birth race indicate a widespread social perception that it is neither possible nor acceptable to change one's race in the way it might be to change one's sex. Considerations that support (...) transgenderism seem to apply equally to transracialism. Although Dolezal herself may or may not represent a genuine case of a transracial person, her story and the public reaction to it serve helpful illustrative purposes. (shrink)

Draft of forthcoming article in the Journal of Medical Ethics where I discuss ethical tension between LGBT testimony and testimonial trust of medical professionals.

In this paper, we defend two main claims. The first is a moderate claim: we have a negative duty to not use binary gender-specific pronouns he or she to refer to genderqueer individuals. We defend this with an argument by analogy. It was gravely wrong for Mark Latham to refer to Catherine McGregor, a transgender woman, using the pronoun he; we argue that such cases of misgendering are morally analogous to referring to Angel Haze, who identifies as genderqueer, as (...) he or she. The second is a radical claim: we have a negative duty to not use any gender-specific pronouns to refer to anyone, regardless of their gender identity. We offer three arguments in favor of this claim (which appeal to concerns about inegalitarianism and risk, invasions of privacy, and reinforcing essentialist ideologies). We also show why the radical claim is compatible with the moderate claim. Before concluding, we examine common concerns about incorporating either they or a neologism such as ze as a third-person singular gender-neutral pronoun. These concerns, we argue, do not provide sufficient reason to reject either the moderate or radical claim. (shrink)

This paper explores the ambivalent effects of recognition through a critical examination of Axel Honneth’s theory of recognition. I argue that his underlying perfectionist account and his focus on the psychic effects of recognition lead him to overlook important connections between recognition and power. These claims are substantiated through Butler’s theory of gender performativity and recognition; and issues connected to the socio-institutional recognition of transgender identities. I conclude by suggesting that certain problems with Butler’s own position can corrected by (...) drawing more from the Foucauldian aspects of her work. I argue that this is the most promising way to conceptualise recognition and its complex, ambivalent effects. (shrink)

“I am only what I make myself to be”, Fichte tells us. In this paper, I outline Fichte’s views on sex, marriage and gender, with two aims. Firstly, to elucidate an aspect of his moral theory which has received little attention, and secondly to argue that Fichte’s distinctive stance on selfhood, freedom, and normativity lead to a revisionary account of gender expression and identity, where people can freely carve out their own identity, irrespective of “nature”. In this paper, I therefore (...) outline Fichte’s own views, highlighting what I see as a tension in the texts between essentialism and antiessentialism about gender, before reconstructing a neo-Fichtean view which foregrounds the anti-essentialist aspect. (shrink)

Ellie Anderson had always known that she wanted to have children. Her mother, Louise, was aware of this wish. Ellie was designated male at birth, but according to news sources, identified as a girl from the age of three. She was hoping to undergo gender reassignment surgery at 18, but died unexpectedly at only 16, leaving Louise grappling not only with the grief of losing her daughter, but with a complex legal problem. Ellie had had her sperm frozen before starting (...) hormone treatment, specifically so that she would retain the chance of becoming a parent after her gender reassignment. Ellie had considered what might happen to the sperm if she died and was adamant that her children should be brought into the world. She made her mother promise to ensure that this would happen. But according to UK law, Ellie’s mother has no legal right to retain her sperm, or to use it to fulfil Ellie’s wishes. In this paper, we raise several key ethical questions on this case, namely: does a refusal to bring Ellie’s children into the world wrong her posthumously? Is Ellie’s mother morally entitled to use her daughter’s sperm as Ellie wished? Should the fact that Ellie was a minor at the time of her death or the fact that she was transgendered undermine her wish to have children? Can Ellie become a parent posthumously? We consider how these complex ethical questions could be approached. (shrink)

Summary Background Self-binding directives instruct clinicians to overrule treatment refusal during future severe episodes of illness. These directives are promoted as having potential to increase autonomy for individuals with severe episodic mental illness. Although lived experience is central to their creation, service users’ views on self-binding directives have not been investigated substantially. This study aimed to explore whether reasons for endorsement, ambivalence, or rejection given by service users with bipolar disorder can address concerns regarding self-binding directives, decision-making capacity, and human (...) rights. Methods This study used qualitative data from an internet-based survey distributed to the mailing list of the UK charity Bipolar UK, which contained multiple closed and open questions on advance decision-making in bipolar disorder. Quantitative analysis of a closed question about self-binding directives had already demonstrated endorsement amongst a very high proportion of participants with bipolar disorder who completed the survey. We conducted thematic analysis of responses from those participants who answered a subsequent open question about reasons for their view. Research was co-produced within a multi-disciplinary team, with clinical, legal, and ethical expertise, and lived experience of bipolar disorder. Ideas and methodologies associated with all these areas of expertise were used in the analysis of these reasons and to gain insight into the thoughts of individuals with bipolar disorder about self-binding directives and associated issues. Findings Between Oct 23 and Dec 5, 2017, 932 individuals with a self-reported clinical diagnosis of bipolar disorder completed the internet survey, with 565 (154 men; 400 women; 11 transgender or other) providing free text answers to the open question. A large majority of respondents endorsed self-binding directives, nearly all describing a determinate shift to types of distorted thinking and decision-making when unwell as their key justification. Responses indicating ambivalence were dominated by logistical concerns about the drafting and implementation of self-binding directives, while those who rejected self-binding directives also cited logistical concerns, validity of their thinking when unwell, and potential contravention of human rights. Interpretation This study is, to our knowledge, the first large study of reasons why mental health service users might endorse or reject the use of self-binding directives. The findings provide empirical support for introducing self-binding directives into mental health advance decision-making practice and policy and may help to address enduring ethical concerns surrounding possible implementation of the directive while a person retains decision-making capacity. The opinions expressed here in responses given by multiple service users with bipolar disorder challenge a prominent view within international disability rights debates that involuntary treatment and recognition of impaired mental capacity constitute inherent human rights violations. Funding The Wellcome Trust . (shrink)

Kimberlé Williams Crenshaw ends her landmark essay “Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color” with a normative claim about coalitions. She suggests that we should reconceptualize identity groups as “in fact coalitions,” or at least as “potential coalitions waiting to be formed.” In this essay, I explore this largely overlooked claim by combining philosophical analysis with archival research I conducted at the Gay, Lesbian, Bisexual and Transgender Historical Society Archive in San Francisco about Somos (...) Hermanas, the solidarity project of the Alliance Against Women’s Oppression, based in the San Francisco Women’s Building (1984–90). I extend my analysis into the present by drawing on the oral history and published works of Carmen Vázquez, a key organizer in both Somos Hermanas and the Women’s Building. I argue that conceptualizing identities as in fact coalitions—as complex, internally heterogeneous unities constituted by their internal differences and dissonances and by internal as well as external relations of power—enables us to organize effective political coalitions that cross existing identity categories and to pursue a liberatory politics of interconnection. (shrink)

A theory of gender ought to be compatible with trans-inclusive definitions of gender identity terms, such as ‘woman’ and ‘man’. Appealing to this principle of trans-inclusion, Katharine Jenkins argues that we ought to endorse a dual social position and identity theory of gender. Here, I argue that Jenkins’s dual theory of gender fails to be trans-inclusive for the following reasons: it cannot generate a definition of ‘woman’ that extends to include all trans women, and it understands transgender gender identity (...) through a cisgender frame. (shrink)