## Human Subject Rules As A Violation Of Academic Freedom

### Disapproving Of Tactics Isn't Grounds For University Discipline

I don’t know what I think of Boghossian’s hoax. I’m fully convinced these subjects fundamentally lack any truth-relevant standards. However, I haven’t actually read the papers in question and some of the rebuttals have claimed that the papers made observational claims. Peer review isn’t meant to challenge those kind of claims but it is meant to reject nonsense. So, before I settle on a view about the hoax I’d need to see if the papers themselves were obviously absurd even taking the factual claims for granted. However, how you feel about the underlying hoax doesn’t really matter here. There is no question that the hoax was undertaken as a rhetorical tactic to demonstrate the intellectual weakness of certain academic disciplines via the normal practice of submitting journal articles (even if there was dishonest intent). Moreover, many prominent academics praised it as an important contribution. Even if you think this was a pointless, dishonest and mean spirited attack on these disciplines it is well within the traditional academic role. This makes the use of human subject experimentation rules to punish Boghossian for his antics raises serious academic freedom concerns.

While Boghossian’s punishment was, in one sense, a slap on the wrist the particular form it took (essentially a complete ban on participating in human subject research) is very concerning. It is suggestive (though not conclusively) of a desire to bar him from doing further work on this question and not just a desire to see the niceties of IRB review followed. Regardless of the motives of his punishment the value laden choice to apply human subjects rules to a context where they are generally not applied raises concerning questions about academic freedom.

To illustrate the fact that we don’t normally think of human subject rules as being applicable to interactions with other academics in anything resembling normal practice consider the following examples.

Consider the case of Professor Wood debunking N-rays by surreptitiously removing part of the apparatus (without effect) to show it was a hoax. If this episode happened today should we punish Wood for performing an experiment on professor Blondlot without his knowledge? As this episode illustrates, misrepresentations in academic discussion have a long history and as such shouldn’t just be pushed outside the protections of academic freedom.

But maybe you’d object that Boghossian’s research was systematic in a way that Professor Wood’s was not. In that case consider Nosek’s Open science Collaboration. This collaboration literally asked people (other researchers) to perform a task (replicate these existing results) and published papers evaluating the percentage of those tasks that succeeded (successful replications). The project was expressly designed both to prompt researchers in the field to engage in these representations (so wasn’t merely observational) and then to do a systemic evaluation of how the researchers performed (successful replications or not). That’s the archetypal structure of research that requires IRB approval in other contexts.

Or what about going to a philosophy conference and asking your colleagues how they feel about some interesting moral dilemma you thought up. Is it human subjects research to write a philosophy paper noting that this dilemma seems to divide philosophers in such and such a fashion? Does making sure you ask a wide range of colleagues mean it suddenly qualifies? What if your goal is to write a paper arguing that other philosophers are deeply confused about some issue? Surely we don’t want to be running to an IRB every time we get a gestalt sense of what our colleagues believe or accept as evidence. Is it somehow that one is being inexact and summarizing a gestalt sense one’s colleagues believe that saves ones from needing IRB approval?

In that case consider all the conferences, such as the American Geophysical Union meeting, which have taken to releasing the race/gender breakdown of submitted/accepted papers to facilitate analysis and publication. That’s an archetypal experiment which any IRB would deny in another context. The reviewers (subjects) surely didn’t give meaningful consent as they risked professional consequences if they tried to back out after being informed the data summarizing their behavior would be released, if they were informed at all. I mean imagine what your colleagues would think of you if you backed out after finding out that your work would be statistically analyzed to determine racial and gender fairness. Worse, the research would convey potentially highly disturbing information directly to friends and colleagues aware of your status as a subject (perhaps even able to infer how you affected the data if conference organizers gossip).

I’m not saying that any of these behaviors is comparable to Boghossian’s misrepresentations. But I think they show that the choice to apply the human subject rules to Boghossian was highly value laden. Indeed the case with Wood shows we approve of this behavior when we believe the victims truly are charlatans suggesting it’s the belief that grievance studies researchers aren’t charlatan that is driving this application. No matter how wrong you may think that conclusion may be, not being punished for advocating (even in a mean, disrespectful and unpleasant way) for an incorrect view is at the heart of academic freedom.

I mean if universities can use human subjects research ethics as an excuse for condemning Boghossian in this situation I see no reason why they couldn’t do the same next time a philosopher talks to a bunch of colleagues at the APA to get a sense of their view on some controversial topic, e.g., the argument that we have a moral obligation to abort the disabled. I happen to be a fan of what Boghossian was trying to do (even f I might quibble with his implementation) but even if you aren’t you should recognize the potential to apply human subjects rules to do an end run around academic freedom guarantees and use their interactions with other academics, attempts to achieve more transparently on racial/gender fairness and other normal aspects of academic life as an excuse to apply them to controversial academics.

For instance, even though it’s a normal practice to get widespread feedback on a philosophical puzzle or argument from colleagues and reference the overall nature of those opinions in subsequent papers one can easily imagine that in the face of a public controversy about a philosopher advancing a a version of the (very philosophically reputable) argument that women have a moral duty to abort a disabled fetus the same excuse might be used. Just gather evidence that they had indicated their intent to poll colleagues about this argument at the conference (say because they planned to write a paper arguing that philosophers are insufficiently responsive to unpopular moral views) and use that to claim it was a systematic investigation of human subjects.

Attached is the outcome of Portland State University’s disciplinary investigation into my Grievance Studies probe. (1)

## Social Justice Extremism Comes To Mathematics

### Math Isn't Immune To Ideological Censorship

Even after reading the counterarguments it seems clear that part of the mathematical community suppressed a mathematical [article] (https://arxiv.org/pdf/1703.04184.pdf) because it was ideologically inconvenient. As detailed in the quillette piece a paper accepted for publication (and actually published online) at the Mathematical Intelligencer was yanked from publication because some mathematicians felt it’s mathematical modeling of the greater male variability hypothesis might be discouraging to prospective female mathematicians and/or be picked up by conservative media.

Obviously (if the account is close to accurate) this is a horrific violation of academic norms. If there is anything that academic freedom means it’s that ideas can’t be suppressed because they might support politically inconvenient conclusions and it appears that is exactly what happened. What makes the whole situation truly absurd is that the people complaining about the paper were the ones doing the real damage to gender equality. Obviously, one unheralded paper entertaining a greater male variability hypothesis will have a lot less of a harmful effect than even the chance of a controversy over pulling it and the subsequent attention and overreactions1. Not to mention that explaining the gender imbalance via bias and harassment is far more discouraging to potential female mathematicians than invoking a biological difference in male/female variability2.

Some mathematical blogs critisize the argument in the paper (see back and forth in comments) but don’t allege it’s absurd or incoherent. A more substantial counterargument is made in the comments at ycombinator where it is suggested that a rogue editor deliberately pushed the piece through and directed changes to make it an overtly political piece supporting his own views. However, looking at the actual [article] (https://arxiv.org/pdf/1703.04184.pdf) reveals a piece perfectly appropriate to the Intelligencer or indeed many peer reviewed journals (perhaps excepting the relatively unspecialized nature of the content)3:. Moreover, if the editor had truly gone rogue rather than just having made a decision the board disagreed with she would have been summarily fired.

Of course, at this point it’s just one isolated incident (and new facts could always emerge to change the narrative) but it’s critical to express our disapproval now so this doesn’t become acceptable behavior. Ideally, I’d like to see some kind of resolution or statement of principles at an AMA meeting so hopefully we don’t need to move to a boycott or anything. Of course, political and ideological considerations do affect what gets published all the time but it’s critical to reinforce the norm that such considerations shouldn’t matter which makes our response in the few clear cut cases like this all the more important.

What to do about the original paper is more of a puzzle. I’m tempted to say that some other periodical should publish it merely to avoid giving even an apparent victory to the forces of censorship. However, there aren’t many equivalents to the Intelligencier and maybe it really isn’t a great model (though hopefully peer review could tell us). Also, at this point publishing the paper really would send a very different politicized message that other periodicals would be understandably reluctant to send. So other than moving quickly to the end of the journal format I don’t really know what should be done about the paper.

1. I do not expect many women inclined to fight through group theory and differential geometry (as well as any gender specific barriers) to be deterred because some mathematicians aired an idea about gender differences in a journal.
2. Moreover, prospective female mathematicians have no reason to believe that conditional on being the sort of woman even considering going into math they are any less likely to be good than their male colleagues. Indeed, after conditioning they might expect to be better if it is true boys are more encouraged to enter these fields as well.
3. Indeed, the inclusion of the appendix citing support for the greater male variability hypothesis seems necessary to insulate against criticisms that it’s perpetuating an unacademic, unsupported talking point.

## Lawsuit Demanding Students Be Barred From Accessing Offensive Content

### Do We Really Want To Stop Victims of Harrasment From Learning What's Being Said About THem?

I pretty much agree with everything Prof. Volokh says in this post but I would add that is is particularly disturbing and dangerous that these claims not only made it to the lawsuit stage but also that sufficiently many people in the Feminist Majority Foundation (not mainstream but not tinfoil hat nutters) thought this was worth pursuing.

Sure, demanding censorship of mean, hurtful and demeaning comments about your group or identity isn’t anything to write home about. However, what really sets this situation apart is that the demand wasn’t to punish the anonymous individuals responsible but to stop students from choosing to access an information source because it might allow them to read these awful things.

Demands for censorship in response to hurtful/mean/awful comments is nothing to write home about (from either side of the political aisle) but I think something is particularly distasteful about demanding policies that would allow all the assholes in a 5 mile radius to continue attacking, degrading, spreading hurtful gossip about and otherwise making life bad for some women on campus while barring those very women from keeping abreast about what is being said about them so they can refute malicious gossip, take threats to the police and otherwise protect themselves (reputationally and physcially).

Sure, I know those filing the suit no doubt intended to discourage people from posting such hateful and derogatory remarks in the future by eliminating the on campus audience for them. However, this line of argument could equally well be used to deny students access to a contrarian blog (say by a former student) making an extended argument that, because of innate ability differences, the schools affirmative action policy was driving reductions in academic rigor/performance. Even if the students visiting the blog were driven by simple curiosity and desire to evaluate the claims for themselves, if the continued posts were clearly motivated by the blogger’s desire to reach so many students with his message there would be an equally strong argument for barring students from accessing the site. With the predictable result that it would probably only increase the extent to which students agree with those unpopular views (the feeling that a view is being suppressed is far more alluring than poor arguments for it).

In a different context I would be far more charitable. If a private university were being asked to ban the platform I’d still oppose the suggestion but it wouldn’t really be fair to suggest the proponents would be responsible for denying victims a chance to (easily) make themselves aware of attacks against them so they can respond. After all, the advocates would be presumably be suggesting that in the particular case the benefits would outweigh the costs. However, the plaintiffs were asking the courts, an institution designed to apply predicatable precedent not case specific balancing, to rule that such an outcome was required. As such I do think its fair to point out the plaintiffs are asking for a rule which, in many of its applications, would deny the victims warning and an ability to respond without substantially reducing the torrent of hate and insults.

The fact that this resulted in a full court case with published opinion makes me worry that the argument was either plausible enough that reasonable lawyers thought it had a chance of prevailing or, perhaps more likely, those advancing the suit felt the risk of enduring such a lawsuit would discourage universities from being quite so protective of free speech in the future. Particularly so for private universities who aren’t bound by any need to comply with the first amendment.

#### Opinion | Court rejects Feminist Majority Foundation’s demand that public university block access to Yik Yak

University of Mary Washington had no obligation to “ban Yik Yak from the campus wireless network ,” because such a ban “may have exposed the university to liability under the First Amendment” (and in any case wasn’t required by Title IX or the equal protection clause.

## Free Speech Slip and Slide

In the past I’ve written at length about my concern that the newly invigorated attitude that we must outlaw, or at least severely socially punish the speakers, racist/sexist/etc.. speech is a mistake. I have doubts about the efficacy of such punishments and believe that pushing racism adjacent views into a hidden underground where they fester and mutate1 creates more hate. However, the primary thrust of my concern was the usual slippery slope argument (importantly serious harms arise as soon as well-intentioned people start to fear that an epistemic mistake could land them in trouble). Unfortunately, evidence for a steep slippery plastic slope with extra soap arrived all too quickly.

#### Superiority of Western Culture

First we had this really stupid opinion piece that I would have guessed was written by a machine learning algorithm trained on 1980s era conservative values pieces if it had only mentioned crack (still managed a shout out to the pill for destroying our perfect 1950s society). Personally, I thought it was just as stupid this time around as I did in the late 80s and early 90s except these authors should have seen how that went and known better. However, as far as offensiveness goes it rates as a “kids these days…have no … always on their..” but somehow it has become the subject of accusations of racism and the subject of serious controversy (yes, that last article is written by a friend of the original author so take its slant with a grain of salt).

True, there is no credible effort to have the author fired from her position in the law school but it has generated enough outrage for students to get up in time to picket Wax’s class as racist and its not just some hasty people with signs. At least a non-trivial segment of the Penn campus left is willing to call this piece racist, sexist or otherwise suggest it isn’t just dumb and wrong but deserving of open moral scorn.

While one might try and charitably reconstruct some argument based on the text of the oped2 what is going on is what is always going on with accusations of racism/sexism/islamophobia etc.. Rather than parsing the literal content of a piece and asserting those claims amount to racism (or providing evidence that the author was being disingenuous) people decide to call something racist if it feels like the things racists would say. In this case there is no doubt this oped has that feel. Indeed, it hits many of the points that one would expect from a racist dog-whistle: glorification of European/western culture, suggestion that something associated with whites is superior, a nostalgic comparison to the 1950s, reference to some aspect of black culture the author disapproves of (“anti-“acting white” rap culture of inner-city blacks”) and even the obligatory focus on whites that have the traits you are criticizing.

The problem with taking this as grounds for accusations of racism is that it confuses being the sort of person whose strong affinity for traditionalism and reverence for long lived institutions and practices may make needed reform more difficult with actual racism. However, we are generally quite willing to let the earnest man who is such a strong believer in feminism that he frequently gives a piece of his mind to men who he views as pushing an aggressive male-centric approach on women and thereby does more to perpetuate the stereotype of women as unable to handle these situations than anyone he criticizes. This case is only different in that it is harder to imagine genuinely feeling that these old school conservative values are the secret to a better life and wanting to help minorities by sharing. Also in that often people who feel this way about morals and newfangled social innovations also feel this way about minorities but that’s just a stereotype.

Most importantly, it renders the standard for racism uselessly subjective. If it is no longer necessary to have overt animus or believe in some particular stereotype then it is insanely easy to apply the term to virtually anyone you want. Especially given that as the sphere of things that have been labeled racist expands fewer and fewer non-racists say anything in that sphere so just imagine the same dialog in 20 years about pieces supporting free speech. It would be something mostly racists talk about as a cover, anyone like me writing about it would explain that we believed in it for everyone (while detractors would point out that we kept focusing on the free speech of the racists as they don’t see it from the context in which that is the right place to make one’s stand), one could raise analogies to the contract rights arguments offered in the civil rights movement (yes its bad but the constitution…we just can’t do anything). The only thing this lacks is the subjective feel that comes from hearing lots of racists say something that sounds similar but we can’t cede to racists the power to decide what is and isn’t considered.

Also, as a practical matter this kind of use of the accusation of racism isn’t productive. The reason to use the term at all is to invoke our shared disapprobation of certain behaviors to change people’s behavior. Telling someone ‘suggesting that blacks only eat fried Chicken or look like Gorillas’ is racist usually results in an immediate change and the world is a better place but when you say that some vague thing about the gestalt I get from your article is racist doesn’t. If I were the author and was willing to sell out my views so I wouldn’t be racist how would I even know where to start?

Call these ideas out as stupid or even the kind of progress phobic thinking that perpetuates racism that’s great but its just not racism.

#### University of Tampa’s Impolitic Twitter Firing

Also, we have the University of Tampa firing a visiting professor for the following poorly considered and bumblinging inappropriate tweet

I dont believe in instant karma but this kinda feels like it for Texas. Hopefully this will help them realize the GOP doesnt care about them.

This is obviously just a case of someone not realizing how what he said would be taken in context. When he did he apologized. That should have been the end of it.

While at first glance one might feel that this isn’t really relevant to the broader picture at the moment. However, while it wasn’t exactly an academic paper this tweet is fundamentally nothing but an expression of a political sentiment. Indeed, suppose the author really believed this was some kind of divine vengeance on Texas for voting GOP. Surely that is core political-religious speech if anything is so its hard to see how this is anything but a direct attack on the idea that Professors get to comment on current events and broader social issues without fear of being fired for controversial views (assuming they don’t bear on their academic qualifications…mathematicians probably shouldn’t say $\omega$ and $2^\omega$ have the same cardinality).

#### Mistakes

We need room for people to make mistakes! Even mistakes about what to believe on controversial issues because only when people feel they won’t lose their jobs or be shunned if they get it wrong can they allow themselves to explore the issue and reach the right conclusions.

I know its really hard in these discussions to imagine any other perspective than your own but rarely is it the case that someone just wakes up out of the blue filled with hate and the desire to see another race suffer. Sure, sometimes the reasons are just visceral (your gang is white they are black) but in most cases there is some chain of thought and emotion that made every step they took seem reasonable so if you suspect the target of your criticism of simply reasonless hate you should probably reevaluate that view.

However, that is what makes the situation so dangerous as well. Given that even racists think they have good and sound justifications for their beliefs an atmosphere which imposes severe penalties for even minor infractions allows only one safe response: parrot back the official dogma.

But, if we are going to fix the remaining barriers and harms inflicted by problematic stereotypes and structural racism/sexism we need to find them in non-obvious places and that takes open speculation. We’ve picked all the low hanging fruit so more looking for white or male ‘perpetrators’ (if it could have been fixed easily that way we would have) we instead need to look at the less examined reservoirs of stereotypes such as members of the group themselves or the well-intentioned helper3. That means we need to walk on the edge and consider possibly offensive or unpleasant possibilities if we are going to figure out what is really going on so we can do something to fix things.

1. I’ve seen any number of scenarios in which the perception that certain topics can’t even be discussed doesn’t erase those ideas from people’s minds. Rather, it pushes them to form groups (the ones that go silent when a woman or minority comes by and we work so hard to eliminate) in which they feel they can comfortably express views they are sympathetic to but are too controversial for general consumption. Unfortunately, when people gather together for the purpose of feeling safe sharing controversial views creates a strong social pressure not to call anyone else’s views in that group out for sexism/racism/etc.. even in a polite friendly way. I’m constantly amazed at how quickly both such groups form and how quickly they descend to the lowest common denominator and serve as a breeding ground where hateful ideas can infect good people because there is no opportunity to apply the corrective of a good counterargument and criticism.
2. Taking their complaints at face value would seem to suggest the problem is that suggesting WASP culture (not so named) is superior is racist or at least unacceptable and bad. While those of us immersed in liberal sensibilities naturally flinch a bit when the suggestion is made that one culture is superior to another that doesn’t make the claim wrong or racist. Indeed, we all believe that, at least in the modern context, modern western culture is superior to the violent revenge culture in some New Guinean tribes all things considered (of course cultures have so many traits surely we could cherry pick a few improvements but the original piece doesn’t deny this). Hell, the very idea of tolerance and equality that those on the left are fighting for is a rare value for a culture to have and we are right to identify it as something good and important. But I think this “can’t say one culture is better than another” line isn’t a very charitable interpretation.
3. Everyone knows that a great deal of slut-shaming and outfit policing is done to women by women and we’ve learned recently that it is other women who do the majority of interrupting women and may very well be the ones preventing more competitive female involvement. This matches both my experience at caltech (women who had few if any female friends their whole lives were way more likely to just blunder in and shot their load on the conversation or dismiss someone else’s contribution as stupid) and what evolutionary psychology would suggest (men have little interest in policing women but each gender needs to police rivals). Of course, men aren’t on the hook they are just on the hook for something else perpetuating harmful male stereotypes which can harm women as much as they do men (say by men not being willing to become primary caregivers).

## Transgender and Transracial Philosophical Shenanigans

### Orthodox Conclusions For Unorthodox Reasons

For those who aren’t connected with the philosophical, social justice or anti social justice worlds let me start with a bit of background. A few weeks ago the feminist philosopher Rachel Tuvel wrote an article (pdf) suggesting that we should be sympathetic to hypothetical claims of transracialism (i.e. people like Rachel Dolezal who claim to feel like they are a member of a different race than society classifies them as) for the same reasons we are sympathetic to transgender individuals. In particular, Tuvel suggested that it might be appropriate to prioritize internal feelings when making group classifications.

Now I don’t find Tuvel’s paper particularly convincing as an argument for it’s stated thesis. However, I do find it much more compelling as a conditional argument: if our support for transgender individuals is justified then we should adopt the same attitude toward hypothetical claims of transracial identity1. In other words, you can’t both condemn the man on the street for failing to support the right2 of transgender individuals to be gendered as they request while simultaneously insisting that the straightforward appeals (people should be able to choose their own identity) must be thrown overboard and replaced with abstruse philosophical theories of gender and race in order to even consider a prima facia case for transracialism. Either the man on the street can correctly claim that none of the arguments/evidence in the cultural zeitgeist justify claims of transgender rights or those same arguments create at least a prima facia case for transracial rights.

There was an immediate, cacophonous backlash against Tuvel’s paper and over 500 philosophers signed an open letter demanding Hypatia (the journal the paper was published in) issue a retraction. Note that retractions are reserved almost exclusively for cases of research misconduct (even studies later discovered to have erroneous conclusions usually aren’t retracted) and journals have resisted retracting papers even when those papers (misleadingly) appear to be defending child abuse and congress is applying pressure. Now the reasons given in the open letter (impolite use of other gendered name, failure to consult trans or minority individuals about their experiences, lack of literature engagement) were pretty clearly pre-textual. Papers commonly don’t cite literature the author doesn’t believe will be helpful and the fact that no one could point to existing literature that countered Tuvel’s arguments is further evidence it was a smokescreen. This becomes even more apparent if you peruse some of the pieces written in protest.

Had Tuvel’s article been written in support of an orthodox position about transgender issues, e.g., our experience with racial identity shows how important it is to respect trans identity, no one would have done anything more than make polite suggestions. However, as it was, Tuvel’s article outlined a potential political reducto of trans rights advocacy (if you accept transgender next thing you know you’ll have to accept transracial people as well) and defended an idea that many minorities find offensive.

Rather than bang on about how awful it is that philosophers are putting ideological purity above intellectual principles I’ll let this excellent response do it for me and instead try to get to the bottom of the moral case for accepting (and accommodating) transgender and transracial identification as both a practical and theoretical matter. Ultimately, I do present what I believe to be straightforward considerations that distinguish the transracial and transgender cases but as they are ultimately mere consequentialist balancings of harms and benefits they do nothing to reduce the force of Tuvel’s reasoning against those who take transgender accommodation to be an obvious moral imperative whose justification doesn’t require marshaling (or even gesturing at) empirical evidence of costs and benefits.

#### Reactions Outside The Community

While the philosophical community was busy having a fit because someone (in good faith without animosity) dared to publish an article that didn’t genuflect in front of less privileged groups in precisely the correct way the reaction from the rest of the blogosphere was considerably different. Both esr and poppsych.org wrote pieces pointing out that categories belong to the society that makes them not the individual who is categorized and that people had no right to demand to be placed in a different category.

There is a great deal of truth in this. No matter how much you feel like a great baseball player we don’t let that internal feeling dictate how often you get sent out on the field. We do use both race and gender categories, to some extent, for this kind of practical assortment. As few individuals are bi we use the gender category to sort people into potential dates and potential rivals. We use race as a proxy for past (or potential future) discrimination and cultural background.

While the unwashed masses are more likely to simply insist “No a man is someone with a penis/Y chromosome” they are expressing a similar sentiment. Despite attempts by parts of the social justice community (not effective transgender advocates) to insist this is merely transphobia I think that (while transphobia surely plays some role3 for some segment of the public) this sentiment is best understood as a (poorly expressed) unwillingness to modify social categories merely because someone would prefer a different categorization. This is a perfectly reasonable reaction to have when someone requests you place them in a different category based on factors you don’t take to be relevant to membership in that category, e.g., pointing out you have a great batting average is relevant to being placed in the good baseball player category while feeling like a winner’ is not.

Thus, if you are advocating for transgender acceptance you owe the public an argument why the fact that transgender individuals desire to be classified differently justifies doing so when such desires usually don’t. Unfortunately, this controversy seems to suggest that any an attempt to formulate such an argument (rather than taking it for granted or offering pure emotional appeals) runs a serious risk of being met with open hostility from other transgender advocates. But, for whatever the reason, the choice to abandon friendly persuasion and adopt the presumption that disagreement is proof of transphobia (if not literally nazihood) does a deep disservice to trans individuals by turning potential supporters into enemies4.

#### Social Categories And Moral Duties

While it may be generally true that wishing to be classified differently, e.g., as a good baseball player, isn’t usually something that obligates us to change those categories it sometimes does. For instance, consider gay marriage. Despite it’s legal and religious trappings marriage is ultimately a societal category (society recognizes a certain class of people as being in a kind of approved sexual partnership). Even if we had adopted civil unions that gave homosexual couples all the legal rights of married individuals the discomfort caused by categorizing committed gay couples as merely having a civil union rather than a marriage created an obligation to change our conception of marriage to include single sex couples.

Note that, that the moral obligation with respect to gay marriage was to stop making prominent use of (both culturally and legally) a relationship category that excluded gays. The choice to recognize gay marriages as ‘marriages’ was merely the easiest way to achieve this but it would have been morally acceptable to instead promote civil unions into the preeminent legal and social standard for committed relationship, i.e., we would ask both straight and gay couples if they were civil unioned, laws would be drafted in reference to civil union status etc… Conversely, we would not have meet our moral obligation if we had accepted homosexual marriages as marriages only to demote marriage to second class status while reserving the highest social regard only for hetero marriage.’ Critically, while cases like gay marriage appear to be about changing the definition of words they are really about changing which concepts we give cultural and legal preeminence to.

Similarly, transgender advocates want us to give concepts that recognize voluntary identification/presentation the prominent social and legal role5 we currently give to male/female (whether or not we let the same word play that role). Whatever you think male/female mean you have to acknowledge that dividing people up by claimed (leaving aside non-binary) gender identity is a coherent way to categorize people and that we could use some term that refers to this categorization in the situations we now use male/female.

#### Categories and Moral Balancing

Ultimately, whether or not we have a moral obligation to change which categories we give legal/social importance is a matter of balancing harms and benefits. For instance, switching to a gay inclusive category of committed relationships imposed very little cost. All of the practical purposes we use the category of marriage for (distinguishing serious/non-serious romantic relationships, assigning legal rights/duties etc..) are equally well handled by a gay inclusive relationship category. Thus, there is little cost to promoting a gay inclusive notion of marriage into egal/social prominence. Conversely, eliminating the substantial practical burdens and emotional harms imposed by a hetero-only notion of marriage provides a great benefit to homosexuals as well as their friends/relatives. The minimal cost and large benefit are more than enough to overcome the presumption in favor of existing practice6.

In contrast, consider the proposal to give the category ‘good baseball player or self-identifies as a good baseball player’ the social role previously filled by the category ‘good baseball player.’ That would mean that merely identifying as a good baseball player would warrant being taken off the bench, draw praise from teammates and even (at the college or professional level) generate income. This would be a huge cost as it would totally gut the practical value of the category good baseball player. True, there is some unhappiness associated with being thought of as a bad baseball player but I think it’s fair to say that the benefits of having such a category outweigh the costs. Indeed, it is likely sociologically impossible to adopt such a proposal as people would inevitably resume using the category of actually being proficient at baseball under a different name and failing to enter that category would instill the same disappointment and frustration that exclusion from the category of good baseball players creates today.

This kind of analysis neatly explains why we shouldn’t recognize transracial/transethnic individuals at a legal level. While it is possible there are unrecognized individuals experiencing emotional suffering because they can’t legally change races there is no evidence such individuals exist at all (excepting, perhaps, Rachel Dolezal). Moreover, the harms involved in replacing the current notion of race with one that allowed self-identification would be significant7 as we use race/ethnicity as a proxy for a variety of obstacles individuals face on account of their skin color/culture. For instance transracial self-identification would allow people to obscure attempts to identify discriminatory treatment (hey guys we need a bunch of you to identify as black so we don’t get sued) or self-servingly take advantage of programs designed to offset/remedy these obstacles without having faced (or at least being statistically more likely to have faced) the obstacles themselves8. The situation is slightly more complicated when we consider the social role of racial identification but ultimately the analysis is the same9.

So what happens when we apply this kind of analysis to the demands of transgender advocates? I find the descriptions of gender dysphoria by transgendered individuals credible evidence of substantial suffering as a result of being classified10 as the ‘wrong’ gender (more pedantically as a result of society choosing to use a categorization they dislike in everyday social and legal interactions). Now what about the cost of changing our gender categories11? This depends greatly on the scope of the change being made. If all we seek to do is ensure that in workplaces, universities and other places of public accommodation that people can use the restroom, pronoun and gender classification they (attempt to) present as then the cost is extremely minimal. Coed restrooms may take some getting used to but present no dangers or substantial harms so I see no reason not to let people use restrooms of their choice. Correct honorifics are purely a matter of convention and the downsides of coming out trans outweigh any likely benefit from affirmative action style programs (and if it proves to be a problem they can be closed to trans individuals). Thus, I think the cost benefit analysis is pretty lopsided in favor of treating transgender individuals with the social pleasantries and restroom access they request. Indeed, I would argue that the cost is so low that simple good manners demands such treatment.

Of course, if you have a more expansive notion of what it means to accommodate transgender individuals which goes beyond mere terminology and politeness to require genuinely treating trans men/women indistinguishably from cis men/women the analysis changes. For instance, if you think lesbians are morally obliged to tear down the cotton ceiling by regarding all women (even including transgender women with cocks) as potential sexual partners the cost is substantial. Our sex drives don’t give a fuck about what facts are morally appropriate to consider in evaluating dates (race, wealth, obesity, and conformity with gender stereotypes are all huge determents of sexual interest) and trying to berate them into different behavior is a recipe for pain. Even the more modest demand that trans-women be welcome in (and supported by) all feminist organizations is dangerous. While trans-women may face more hardships than cis-women on average they don’t face the same hardships. For instance, a project examining hypothetical reluctance to introduce young girls to STEM fields and/or trying to offset this with later interventions should make distinctions on assigned gender as a youth12.

#### Tuvel, Transgender Activism and Non-Binary Identification

The analysis above is pretty obvious. When do you change the categories you regard as important: when the cost of doing so is less than the benefit reaped. This naturally begs the question why didn’t Tuvel (or any of her visible critics) avail themselves of it. I’m sure there are multiple reasons and I can only speculate here but my guess is that the practical, empirically oriented structure raises concerns that the feminist/trans philosophy orthodoxy would rather not confront.

For one, this structure puts the phenomenological particulars of the transgender experience front and center. The reason we should change our practices to accommodate transgender individuals (while resisting attempts by fuckers like me to insist on being called ‘God Emperor’) is that the former group experiences serious emotional distress and is making good faith requests while I’m just out for a lark. However, much of the social justice world has been very reluctant to try to characterize what constitutes a representative transgender experience lest they deny someone’s unique experience. Worse, this kind of analysis may not be quite so kind to non-binary identification13 not to mention treating transgender identity as fundamentally no different in kind from the desire to amputate a healthy limb (not a bad thing just a recognition that both are brute preferences for unusual things).

This is particular unfortunate because both from a practical and theoretical standpoint any attempt to advance transgender rights hinges on the nature of the transgender experience. The only reason for treating the requests of transgender individuals as legitimate and reasonable while denying trollish requests from people like me to be addressed as God Emperor (or the nutty transspecies individuals14) stems from our divergent experiences and resulting motivations. To ensure the support of the kind social justice critical intellectuals I linked above there needs to be a cogent intellectual defense of what makes the requests of transgender advocates reasonable in contrast to most requests to change behavior/language based on personal preference. While I find the utilitarian considerations here compelling most people need some kind of difference in kind and that must be rooted in the particular nature of transgender experience. Providing such an analysis is normally the role of philosophy but this controversy suggests it is unable to maintain even the fig leaf of dispassionate intellectual inquiry on this subject.

As a practical matter the transgender community also needs to provide an emotional narrative that average citizens can understand. Homosexual marriage won because everyday people understood the message: homosexuals have the same kind of feelings I do about sex and love only triggered by same gender individuals. If transgender individuals want to get their requests for social change accepted they need to tell a story about what it’s like to be transgender that makes the average citizen think: If I was in that situation I’d also want people to treat me like the gender I identified with.. That means backing away from the position that the individual uniqueness of transgender individuals prevents the identification of common experiences and conveying those experiences to the general public. Of course, this may require leaving some unusual allies behind just like the homosexuals had to leave the committed polyamorous triads behind to ensure the Obergefell decision but that’s how real progress happens.

1. While there are analyses of transgender (if accepted) or possible psychological/empirical facts that could be used to construct arguments in favor of supporting claims of transgender but not of transrace even most of the philosophical community (and even the transgender community I suspect) is unaware of these details. Thus, to the extent society at large has good grounds for supporting/accepting claims of transgender they can’t rely on these obscure considerations. I think Tuvel does a decent job of arguing that, if we set aside those more obscure/empirical points, the same considerations arise for transracial identity. Ultimately, my inclination is to say that it probably will turn on psychological/empirical facts that may not yet be widely known … but that kind of admission would not be acceptable by the orthodoxy.
2. You could criticize them for not extending to transgender people the normal human kindness of complying with requests made of us so long as they aren’t too burdensome but most trans advocates (at least in philosophical circles) tend to view any skepticism of the idea that transgender individuals have a right to be gendered as they request as proof of some moral failing.
3. As with homophobia a great deal of animosity (as opposed to mere difference of opinion about social structure) towards trans individuals is based on an ick factor (hence why gay men faced so much more opposition than lesbians). I think it’s important that rather than tell people they are bad for even having the feeling we let them know that it’s a common human reaction to even the thought of different physiology. When I was young I responded similarly to some aspect (her skin?) of my grandmother’s old age/illness but it dissipated quickly once it became familiar and certainly didn’t stop me from loving and respecting her. But telling people that innate human reactions they can’t control makes them a bad person is a good way to turn potential allies into enemies and ensure they never gain enough familiarity to eliminate that reaction.
4. Importantly, even people who would fight any attempt to discriminate against transgender individuals in the workplace may have different views on when individual preferences can justly require society to change the categories it uses. Rather than being anti-trans many people just feel that society has much less of a duty to be responsive to even very heartfelt and intense preferences.
5. As we will see the precise range or roles for which transgender individuals want to substitute these new categories makes a substantial difference in whether we have any moral obligation to do so.
6. It takes a great deal of effort to make such changes and enforcing such changes inevitably requires some level of social coercion and there is always the possibility of error. Thus, the burden is properly on the party attempting to argue we should change the categories we assign social/legal importance to.
7. At least assuming the policy consensus that it is good and appropriate to sometimes consider disadvantaged racial background in awarding government contracts, school admittance, hiring, etc.. If you think this consensus is harmful this analysis changes.
8. Of course the government/employer could simply record whether or not you were cis-black or trans-black and use that to recreate the original data (though it would make it easier to raise spurious objections based on a desire not to stigmatize transracialism). However, it’s not at all obvious merely changing the name of the box ticked from ‘non-black’ to ‘trans-black’ would offer any benefit to transracial individuals. If their status as transracial is used to deny them entry into programs open to cis-black individuals its hard to imagine they would feel they were being regarded as racially black.
9. The argument that we should replace the current social role of racial identification with something which allows identification based transition is somewhat more plausible. However, this too is problematic as one can’t separate cultural behavior from skin color/ancestry, e.g., the mere fact that I don’t have black skin means I can’t use the n-word with the same meaning as someone with black skin. So again the balance doesn’t favoring adopting categories that give a greater role to the feeling of identification to fill the role played by racial categories.
10. Whether or not that suffering is literally the result of not using the desired pronouns and gender ascriptions or merely correlates with non-acceptance and harassment isn’t clear. Maybe if some database screwup prevented trans individuals from having access to their preferred bathrooms or records made of their preferred pronouns but everyone was perfectly accepting it would be just as good but in practice we can assume that using desired pronouns and gender terms goes hand in hand with reduced suffering.
11. More pedantically, changing the categories we use to select pronouns, assign restrooms and use in everyday descriptive talk, e.g., “Ask the woman in the white blouse.”
12. Of course, while it would be appropriate to exclude trans-women it wouldn’t be appropriate to exclude trans-men but logical consistency has never done well against the rhetoric of privelege.
13. There are too many people claiming non-binary gender identity for purely political/expressive reasons, less clarity that using preferred pronouns/gender descriptions alleviates suffering for non-binary individuals, and the many non-binary genders impose substantial IT/forms/mental overhead costs. The real nail in the coffin, however, is the lack of any brightline to exclude clear attempts to hijack the norms for amusement/politics. People (rightly for fear of incentivizing more mischief) aren’t going to tolerate people like me asking to be addressed as Galactic Gerdes whatever the social justice scene says about galactic gender identity but once one starts accepting some non-binary identities it becomes dangerous to exclude others.
14. Personally, I’m not convinced they are any different than transgender individuals. They feel a certain way and respecting those feelings might make them happy. However, the feminist/trans philosophy community is certainly not willing to classify transgender as no different in kind than any other crazy, but emotionally intense and long term, life choice like voluntary amputation.