Tag Archives: Transgender

The Curious Case of Unnecessary Pronoun Lists

21 Tuesday Dec 2021

Posted by in Gender, Identity Politics, Political Correctness, Uncategorized

≈ Leave a comment

Tags

, , , , , , , , , , , , , ,

A subset of my LinkedIn connections list “preferred pronouns” after their names, but I don’t think I’ve ever had any misapprehensions about their “gender identities”. Not one of them. Their “gendentities” are obvious based on the names and/or photos they’ve chosen to use on social media. In fact, the “default” pronoun designations in the English language work pretty well that way. So, apart from the fact that LinkedIn invites its users to list pronouns, why do these people bother? Would they introduce themselves that way in person? “Hi, nice to meet you, I’m Jane Smith, she / her.” Maybe on a name tag. Otherwise, unlikely.

Let’s face it: precious few of us have any doubt about our own biological sex. Do you have a penis and no vagina? Or vice versa? That settles it! But if you wish you didn’t have a penis, or wish you did, or you’re not sure… then you have a gender quandary and a pronoun problem. Still, those who decide to “take” one gender via transition will have chosen their pronouns. They typically make an effort to “present” that way as well.

There’s a tiny minority of individuals whose biological sex is ambiguous, and there are others who simply consider themselves “non-binary” or “genderqueer”. They represent three to four people out of every 1,000, if a recent survey can be believed (and surveys like this can be terribly flawed). These people are actually included in the broad definition of transgender. But again, for biological or other reasons, they identify as neither male nor female. It would be natural for these individuals to prefer gender-neutral pronouns (for example, possibilities are they / them and zi / hir, rather than he / him or she / her). That’s understandable, but: 1) using the plural “they” as a singular pronoun can lead to awkward grammar, inviting the use of the plural verb form as a fix*; and 2) remembering different pronouns for different people is a complexity to which most of us are quite unaccustomed. This is a practical issue, and social encounters with non-binaries are fairly unusual for most of us.

If tolerating the use of “he” or “she” just won’t do for this tiny minority, even as a courtesy to the “unschooled”, then it must be very important to make one’s non-binary status clear to everyone. That suggests a different problem, and one of a psychological nature. The insistence on strict adherence to alternative pronouns reflects a narcissism common to most manifestations of identity politics. And no, there is no reliable research showing that use of non-gendered pronouns reduces non-binary suicides, as one advocacy group has claimed.

I speak as one who has been called by the wrong gendered pronoun! I’m a male and I’m confident I present that way. However, I’ve worked with many Chinese over the course of my career, and gendered pronouns aren’t used in Chinese. The distinctions between “he” and “she”, or “his” and “hers”, can be as foreign to them as the pronouns “zi” and “hir” are to me. I’ve heard myself referenced by Chinese colleagues as “she”. Did it offend me? Not at all, because I knew the speaker was not fluent in the English language.

It should be easy to tolerate members of a minority who get it wrong because we empathize with their language challenge. We don’t demand their absolute conformity, but they understand their minority status and might prefer to avoid the potential embarrassment of getting it wrong. Contrary-wise, if I’m in the minority, say at a gathering of Chinese, shall I press the issue by demanding that every member of the majority distinguish between me and my wife using the correct English pronouns? I think not. But non-binary activists are so offended by gendered pronouns, which have been in common use among English speakers for centuries, that they demand the majority change the language to accommodate them. That is unreasonable. It’s okay to let others know what you prefer, but you shouldn’t feel slighted by every miscue or be a complete prig about it!

Now, if you happen to be a plain-old binary individual, what’s your excuse for listing preferred pronouns on social media? It seems completely unnecessary, so why bother? Here are a few possibilities:

  • You have transitioned to your gender and list pronouns as a courtesy to anyone who knew you before your transition.
  • You are an HR functionary having a career imperative to signal your evenhandedness.
  • You are a plaintiffs attorney chasing genderqueer discrimination business.
  • You simply like the Chinese practice and want to adopt gender-neutral pronouns. Good luck at your high school reunion!

My guess is that pecuniary and career motives are less important to most pronoun-listers than simple political correctness. Either way, it’s a virtue signal. Of course, you might have non-binary friends or relatives and wish to demonstrate to the world your unerring respect for their preferences. That’s admirable loyalty, but it’s an unnecessary compulsion.

Pronoun lists seem designed to announce support for all things LGBTQ+. I also suspect that some believe it more firmly establishes their socially progressive bona fides, that the pronoun-lister is beyond reproach no matter the nasty capitalists for whom they might toil. Therefore, announcing one’s preference for default pronouns seems both unnecessary and pretentious.

I am fairly tolerant of the notion that gender identity can transcend biology in some individuals. However, that is a controversial metaphysical assertion that many do not accept. Certainly, a decision to reject one’s biological sex should not be made hastily. In particular, these decisions should not be encouraged in children except for cases in which biological sex is ambiguous and where medical procedures might be appropriate. Yet LGBTQ+ doctrine teaches that questioning one’s gender identity should be normalized, even among impressionable children. That is highly objectionable and even abusive. Persuading straights to engage in pronoun pretensions of the kind described above is part of the LGBTQ+ crusade to normalize gender dysphoria.

Beyond all that, changing the structure of the English language to accommodate LGBTQ+ advocates requires a change in language curriculum for young children. One might object on purely grammatical grounds, but it would also raise questions as to why dual sets of pronouns are necessary. To whom do these pronouns apply? That broaches the sensitive topic of gender fluidity that many parents and taxpayers do not wish to be taught as standard curriculum in elementary or even secondary schools. I’m inclined to agree with them.

My general attitude is “whatever floats your boat, but leave me out of it”. I submit that the use of non-gendered pronouns is not “owed” to anyone. It would be easier for the rarefied non-binaries to accept the same fluidity with respect pronouns that they profess with respect to their own gender identities.

* I have occasionally used plural pronouns (they, them, and their) with plural verb forms in reference to “one”, “someone”, or “you”), who might be either male or female. In those cases, the sentence is meant to apply to both genders, but I admit it’s sloppy writing.

Back To The Restroom

29 Friday Apr 2016

Posted by in Discrimination, Federalism, Privacy, Property Rights

≈ Leave a comment

Tags

, , , , , , , , , , , , , , , ,

image

I’m following-up on “I’m a Restroom Federalist” by sharing “We Need Separation of Bathroom and State” by Roy Cordato at the Mises Institute. He makes a clean defense of the libertarian view that restrooms choices on private property must not be controlled by government. Any attempt to do so is a violation of private property rights, according to this view. I did not adequately treat the question of property rights in my first “restroom” post. Strong property rights in this context mean that you, a private businessperson, can set the rules for restroom use on your premises, or no rules at all. If you or your customers prefer gender-neutral restrooms in your place of business, so be it. If you believe your customers prefer separate restrooms based on a definition of gender, you can post appropriate signs and face any complaints privately without interference from government.

Many sincere observers hope for a way to fairly accommodate transgender individuals without unduly compromising the rights of others. In my mind, discrimination (or differences in accommodations) should not be tolerated in society if based on arbitrary distinctions. By that I mean the victim differs from the discriminator only in nonessential ways for the purposes at hand. For example, discriminating on the basis of race is wholly arbitrary in almost context. (A director casting the part of an individual of a specific race is a possible exception.) No real harm comes from tolerance and equal treatment in these contexts. I have argued that the market is self-regulating in punishing discrimination. And one can argue that certain freedoms may be violated (association, religion, expression and even property) when even arbitrary forms of discrimination are outlawed, as they are. In these situations, however, laws can work because there is little ambiguity in defining victims of discrimination and the legitimacy of their victimhood.

Is discrimination against transgenders in their restroom options just as arbitrary as it would be against other minorities? That depends upon whether “transgender” can be defined objectively. If it cannot, then denying the bearded lady’s transgender claim in the restroom is not so arbitrary, given the privacy rights of others.

Tyler Cowen discusses some of the complexities of determining whether there should be a legal definition of transgender, or a more “nuanced” definition of gender with three or more categories. That would eliminate any legitimate objections to gender-specific  restrooms. However, a legal standard cannot be based solely on “inner feelings”. Aside from genitalia, are there objective facts that can be brought to bear in defining gender? A personal physician’s assessment of “gender intent” is one possibility. An active regimen of hormone replacement therapy is another. However, transgenders themselves might object to any specific definition of gender imposed by government. Many transgenders would prefer to have it remain a matter of self-identity, but it is impossible to clearly define rights on that basis. As Cowen notes, the “most libertarian view is to refuse to offer a legal definition of transgender.” He also adds:

“If we stick with no legal definition of transgender, let’s tackle the remaining problems directly. For instance we could significantly increase the penalties for men who abuse women or young girls in or near women’s rooms, if indeed that is an ongoing problem.“

As I intimated in my earlier post, I am unconvinced that gender-neutral restrooms won’t encourage voyeurism by posers. That implies a conflict between the rights of transgenders and the fundamental right to privacy. Given that fact, Cowen’s suggestion is sensible under any restroom regime. He also cites the existence of voluntary gender registration systems in other countries. Given a clear definition, transgenders choosing to register could use the restroom consistent with their gender identity and would have documented proof if any question arose as to their right to use a particular facility.

Cordato provides a good explanation of the Charlotte anti-discrimination ordinance and North Carolina’s new law striking it down. The Charlotte ordinance stripped owners of business property of their right to set rules for their own restrooms. The state law does several things: It restores the rights of business owners to provide separate restrooms for males and females, which is fine as far as it goes. It also mandates gender separation of multi-occupancy restrooms and locker rooms in government facilities. Truly, it is hard to imagine any good coming of mixing middle-school girls and boys in the same restrooms and locker rooms. However, the state law also prohibits the promulgation of any anti-discrimination law by lower jurisdictions. That seems a bit too sweeping.

Cowan says the North Carolina law is a solution in search of a problem, or worse:

“North Carolina made a mistake in signing the new law. Not just a practical mistake, because of the backlash, but a mistake outright. I’m not aware there was a problem needing to be solved, and yet new problems have been created.“

Maybe so, but the city of Charlotte clearly took a step in violation of private property rights, and one that threatened privacy rights. I stated in my first restroom post that alternative arrangements will be tested socially, at the ballot box, and by the courts. Some object to the strong privacy ethic that exists in the U.S. as prudish, but it is a cultural given, and privacy rights are protected by the Constitution. Given a conflict over rights between two parties, the courts must decide how to balance those interests.That’s as it should be. And so we’re back to the beauty of federalism!

 

 

 

I’m a Restroom Federalist

10 Sunday Apr 2016

Posted by in Discrimination, Privacy

≈ 2 Comments

Tags

, , , , , , , , , ,

image

A joke I once heard: “What two words does a guy least want to hear at the urinal? … Nice d*ck!”  The truth is that privacy matters. While most men don’t wish to be “admired” by other men, mens’ public restrooms would seem to provide adequate privacy for those having a particular sensitivity. I presume that womens’ restrooms do too.

Still, voyeurism is more common than we’d like, and strong privacy advocates believe that’s an adequate rationale for prohibiting transgender women (M to F) from using womens’ restrooms. It’s not legitimate trans-women who are of concern, whether they’ve undergone full sexual reassignment or not. Rather, it’s men who would falsely claim to be trans-women. Put another way, does the state have any compelling interest in protecting privacy by discriminating against transgender women, barring their use of womens’ restrooms?

Laws against voyeurism are grounded in the presumed right to privacy under the U.S. Constitution. The expectation of privacy is well-established as a condition under which voyeurism can be prosecuted, and bathrooms meet that test. In fact, the prevalence of voyeurism is estimated to be quite high, especially among males. The Wikipedia entry on this subject states that:

“…research found voyeurism to be the most common sexual law-breaking behavior in both clinical and general populations. … In a national study of Sweden it was found that 7.7% of the population (both men and women) had engaged in voyeurism at some point. It is also believed that voyeurism occurs up to 150 times more frequently than police reports indicate.“

The estimate from Sweden is conservative for male voyeurs. However, only a portion of that voyeurism occurs in or around public restrooms. For the sake of argument, let’s suppose that 5% of the estimate above relates to males likely to commit some form of voyeurism in or around womens’ restrooms, or 0.38% of the adult male population. Each of those males may commit voyeurism against multiple females on any given bathroom escapade, so this value may underestimate the risk to the privacy of women.

On the other hand, the prevalence of transgender, or gender identification different from that assigned at birth, is very low. Again according to Wikipedia, the most commonly cited figure is that 1 in 10,000 assigned males is transgender (and far fewer birth-assigned females). Some argue that this is too low to account for even the cases of sexual reassignment surgery (SRS) that have occurred in the U.S.  I would argue, however, that trans-women (M to F) having undergone SRS would be welcome in womens’ restrooms. After all, they’d even pass a genital check at the door! That leaves transgender men who have not yet, or will not, undergo SRS. So, for the sake of argument, I will go with the incidence rate of 0.01% implied by the figure above. That is, 0.01% of the adult male population is an assigned-male trans woman having male genitals.

Assuming that all womens’ restrooms are thrown open to any male claiming to be a trans-woman, the conservative estimate of the incidence of voyeurism would be 38 times the incidence of legitimate trans-women disallowed from entering womens’ restrooms under traditional gender restrictions. Note that neither of these estimates has a time dimension. Repeat voyeurism is a likelihood, just as legitimate trans-women, pre-SRS, would be denied their rights on every trip to a public restroom.

Now we ask again which case is more compelling: protecting the right to privacy against the potential for voyeurism, or protecting the restroom rights of trans-women who are pre- or non-SRS? One possible solution is to acknowledge restrictions on restroom use as an incentive for transsexuals to undergo SRS. However, that is not practical in important respects: full gender transition can take a number of years; SRS is not and cannot be an immediate procedure for walk-ins at the doctor’s office for various reasons; and some transsexuals are never able to make a full transition.

Another consideration is the extent to which bathroom regulation makes any difference at all. While “throwing the doors open” might create some additional incentive to male voyeurs, they are already active, and most of them would be just as easy to prosecute if the rules on restroom use for trans-women were relaxed. However, to the extent that creates additional risk, it is borne by all women availing themselves of public restrooms. At the same time, it is certain that trans-women already make use of womens’ restrooms. If non-SRS, they must do so surreptitiously and at some legal risk, Again, their total number is limited.

The balance between the threat to privacy rights and the desire for equitable treatment of transsexuals is not as clear-cut as some on either side would have us believe. However, given the need to determine that balance, the classic federalist approach seems ideal. That is, states or more limited political jurisdictions should decide how best to handle the issue. That is more or less our current approach, as the issue is otherwise beyond our ability to find a consensus. Full conversion to unisex restrooms might even be acceptable in some parts of the U.S. Fortunately, individuals can “vote with their feet”, rewarding those jurisdictions having laws they find best-protect their rights as individuals. It’s another great experiment in the determination of social preferences. That’s what federalism is all about.