Moving Beyond Mismatch

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

Real Talk on the Metaphysics of Gender

Gender classifications often are controversial. These controversies typically focus on whether gender classifications align with facts about gender kind membership: Could someone really be nonbinary? Is Chris Mosier really a man? I think this is a bad approach. Consider the possibility of ontological oppression, which arises when social kinds operating in a context unjustly constrain the behaviors, concepts, or affect of certain groups. Gender kinds operating in dominant contexts, I argue, oppress trans and nonbinary persons in this way: they marginalize trans men and women, and exclude nonbinary persons. As a result, facts about membership in dominant gender kinds should not settle gender classification practices

Escaping the Natural Attitude About Gender

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

How Much Gender is Too Much Gender?

We live in a world saturated in both racial and gendered divisions. Our focus is on one place where attitudes about these divisions diverge: language. We suspect most everyone would be horrified at the idea of adding race-specific pronouns, honorifics, generic terms, and so on to English. And yet gender-specific terms of the same sort are widely accepted and endorsed. We think this asymmetry cannot withstand scrutiny. We provide three considerations against incorporating additional race-specific terms into English, and argue that these considerations also support eliminating the analogous gender-specific terms. With respect to these parts of speech, English should be no more gender-specific than it already is race-specific

What Taylor Swift and Beyoncé Teach Us About Sex and Causes

In the consolidated cases Altitude Express v. Zarda, Bostock v. Clayton County, and R.G. & G.R. Harris Funeral Homes v. EEOC, the Supreme Court will decide whether or not Title VII prohibits discrimination on the basis of sexual orientation or gender identity. Although the parties disagree as to the appropriate formulation of a but-for test to determine whether or not there was a discriminatory outcome, all parties do agree to the use of such a test, which asks “whether the evidence shows ‘treatment of a person in a manner which but for that person’s sex would be different.’” City of Los Angeles, Dep’t. of Water and Power v. Manhart, 435 U.S. 702, 711 (1978). However, but-for tests confuse more than they clarify the inquiry; a discriminatory outcome cannot be explained by appeal to just a discrete characteristic of a particular person. Individuals are not discriminated against because of these characteristics per se. Rather, they are discriminated against because of the social meanings and expectations that attach to these characteristics. Beyoncé and Taylor Swift illustrate the difference between individual-level causation and social explanation in two separate songs, “If I Were a Boy” and “The Man.” The explanation for why the counterfactual ‘male’ Beyoncé and Swift are evaluated differently than their current ‘female’ versions does not lie in individual-level features considered apart from the social world, but in social-level roles and expectations associated with those features. For this reason, a social explanation test—one that asks whether the social meanings of sex characteristics, rather than the characteristics per se, explain the outcome in question—is more suitable for determining whether or not Title VII has been violated

'Yep, I'm Gay': Understanding Agential Identity

What’s important about ‘coming out’? Why do we wear business suits or Star Trek pins? Part of the answer, we think, has to do with what we call agential identity. Social metaphysics has given us tools for understanding what it is to be socially positioned as a member of a particular group and what it means to self-identify with a group. But there is little exploration of the general relationship between self-identity and social position. We take up this exploration, developing an account of agential identity—the self-identities we make available to others. Agential identities are the bridge between what we take ourselves to be and what others take us to be. Understanding agential identity not only fills an important gap in the literature, but also helps us explain politically important phenomena concerning discrimination, malicious identities, passing, and code-switching. These phenomena, we argue, cannot be understood solely in terms of self-identity or social position

What Is Sexual Orientation?

Ordinary discourse is filled with discussions about ‘sexual orientation’. This discourse might suggest a common understanding of what sexual orientation is. But even a cursory search turns up vastly differing, conflicting, and sometimes ethically troubling characterizations of sexual orientation. The conceptual jumble surrounding sexual orientation suggests that the topic is overripe for philosophical exploration. This paper lays the groundwork for such an exploration. In it, I offer an account of sexual orientation – called ‘Bidimensional Dispositionalism’ – according to which sexual orientation concerns what sex[es] and gender[s] of persons one is disposed to sexually engage, and makes no reference to one’s own sex and gende

Supreme Confusion About Causality at the Supreme Court

Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on a particular interpretation of how “but-for causation” applies to antidiscrimination statutes. According to the Court’s reasoning, an outcome is discriminatory because of some status—say, sex or race—if the outcome would not have occurred “but-for” the plaintiff’s status. We think this reasoning embeds profound conceptual errors that render the decisions deeply confused. Furthermore, those conceptual errors tend to limit the reach of antidiscrimination law. In this essay, we first unpack the ambiguity of the Court’s interpretation and application of but-for causal reasoning. We then show that this reasoning arises from a misapplication of tort law principles within antidiscrimination law, and that, as a result, it is both conceptually and normatively indeterminate

Beyond Binary: Genderqueer as Critical Gender Kind

We want to know what gender is. But approaches to this question solely have focused on the binary gender kinds men and women. By overlooking those who identify outside of the binary -- the group I call `genderqueer' -- we are left without tools for understanding these new and quickly growing gender identifications. This metaphysical gap in turn creates a conceptual lacuna that contributes to systematic misunderstanding of genderqueer persons. In this paper, I argue that to better understand genderqueer identities, we must recognize a new type of gender kind: critical gender kinds, or kinds whose members resist dominant gender ideology. After developing a model of critical gender kinds, I suggest that genderqueer is best modeled as one such kind. In particular, I propose that its members are united by resisting `the binary assumption', or the prevalent assumption that they must comply with binary gender classification