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

This paper offers a discussion of the rationale for the creation of sports categorization criteria based on sporting genealogy and the gendered body, as proposed by Torres et al. in their article ‘Beyond Physiology: Embodied Experience, Embodied Advantage, and the Inclusion of Transgender Athletes in Competitive Sport’. The strength of their ‘phenomenological’ account lies in its complex account of human experience; but this is also what makes it impractical and difficult to operationalize. Categorization rather requires simplicity and practicability, if (...) it is to be applied to all athletes (and not exceptionally to transgender athletes). This discussion helps us to formulate three general principles for the process of categorization of athletes, relating to fairness, verifiability and practicability. (shrink)

Published in the American Journal of Bioethics.

This paper offers a discussion of the rationale for the creation of sports categorization criteria based on sporting genealogy and the gendered body, as proposed by Torres et al. in their article ‘Beyond Physiology: Embodied Experience, Embodied Advantage, and the Inclusion of Transgender Athletes in Competitive Sport’. The strength of their ‘phenomenological’ account lies in its complex account of human experience; but this is also what makes it impractical and difficult to operationalize. Categorization rather requires simplicity and practicability, if (...) it is to be applied to all athletes (and not exceptionally to transgender athletes). This discussion helps us to formulate three general principles for the process of categorization of athletes, relating to fairness, verifiability and practicability. (shrink)

As secular culture exerts pressure on Catholic health care to conform to its standards, there is need for a clear response to those who claim that the body is not constitutive of the person but can be manipulated to suit a subjective view of the self. Patients who suffer from gender dysphoria deserve our compassionate support, but "therapies" that carry out or encourage the destruction of one's natal sexuality are contrary to the Christian tradition and to the teachings of the (...) Catholic Church. This book provides the arguments, evidence, and practical advice needed for Catholic health care to resist this ideology and courageously affirm the biological reality of the person. Through careful analysis, narrative case studies, and policy language, Transgender Issues in Catholic Health Care critiques current interventions for gender dysphoria and provides practical guidance for professionals and institutions committed to providing whole-person care. -- Provided by publisher. (shrink)

Issues surrounding the inclusion of transgender and intersex athletes in the women’s category in sport have spurred vigorous, and sometimes vicious, debate. The loudest voices on one edge of the de...

This paper considers whether transgender women should be permitted to compete in female categories in sports. Trans* women are often criticized for competing in female categories because they are seen as having an unfair advantage. Specifically, they are seen as having high levels of testosterone that unfairly enhance their performance in comparison to cisgender competitors. In this paper, I argue that trans* women should be permitted to compete in female categories. I suggest that if we want to maintain the (...) skill thesis as a guiding principle of sports and allow trans* women to compete in female categories, then we need to take relevant genetic advantages into consideration by introducing a handicap system. I claim that a handicap system should consider both cisgender and transgender women’s effective testosterone levels. (shrink)

The idea of transgender identity is less perceived as a mental illness but as a sexual health condition in many parts of the Western world, while it is seen as an anomaly in most parts of Africa. Transgender identity is a gender expression that differs from the naturally assigned sex. The widely accepted reason behind transgender is unsatisfactory feelings toward assigned sex by the individual. This work sets out to explore transgender identity and family life in (...) Africa. Several works have explored the concept but with less emphasis on family life as it relates to the African setting. Furthermore, this work sets out to demonstrate some implications of transgender identity in an ideal African family. In this work, we shall argue that once transgender identity is normalized in Africa, it will be a threat to family life. The arguments to be used are historical, analytical, descriptive as well as evaluative. (shrink)

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)

This article will provide a critique of tworecent English marriage law decisions, thefirst concerning a (female to male) transgenderman and the second a (male to female)intersexed woman. It will do so throughconsideration of the dialogue between each andthe landmark transgender case of Corbett v. Corbett. It will highlight howboth decisions, in seeking to minimise the factof `departure' from Corbett, serve toreproduce key elements of that decision whichserve to undermine the future prospects fortransgender law reform in the English context.In particular, (...) both decisions, in differentways, or with different emphases, ensure that`legal sex' continues to be determined by(bio)logical and temporal factors. Crucially,however, as in Corbett, it is legalanxiety over the boundaries of the `natural',and the homophobia of law, that underscoresthis anxiety, that account for these particularconstructions of `legal sex'. (shrink)

Sexual and gender minorities in contemporary India are formed in the interstices between the neoliberal, Hindutva state; transnational discourses of liberal democracy and sexual ‘rights’; as well as cosmopolitan culture and global LGBT movements. As is evident in recent court judgments and legislation, particularly since 2014, postcolonial Hindu nationalism has created cultural conditions where forms of queer gender are permissible while queer sexuality is generally unacceptable. In recent years, significant developments have focused on transgender communities, complicating activism surrounding sexual (...) and gender identities. By positing some identities as state-sanctioned acceptable citizens and others as not, certain ‘transgender’ individuals are conceptualised as bearers of rights while finding other facets of their identities discriminated against and maintained as illegal. The 2014 Supreme Court NALSA v. Union of India judgment and The Transgender Persons (Protection of Rights) Bill, 2016 passed by the Lok Sabha, alongside further judgments and legislation affecting wider LGBT communities, have kept discourses fixed on sexual and gender identities and their relationship to Indian citizenship at the forefront of discussions of gender justices and injustices in India today. Focusing on recent judicial and legislative developments, this paper examines how transgender rights are being granted in the context of the neoliberal, Hindutva state and considers which forms of transgender identity are currently being conceptualised as legitimate and authentic in such discourses, which can serve to bolster larger right-wing visions and ideologies of the nation and its citizens. It contemplates the ways in which gender ‘justices’, framed in relation to both transnational LGBT rights discourses and right-wing agendas, are conceptualised and played out on the bodies of sexual and gender minorities. (shrink)

Transgender legal protections have long been contentious issues, with courts often pathologizing or refusing recognition of transgender identities. Recently, however, courts adjudicating asylum claims have recognized “transgender” as a legitimate category of protection. I take this legal development as an opportunity to ask how courts determine if individuals are transgender. While previous work has shown how courts maintain the gender binary, asylum law offers the first chance to analyze how recognizing a distinct transgender category affects (...) the legal gender order and the classification of trans claimants. Drawing on court decisions, ethnographic observations, and interviews, I argue that the recognition of transgender as a category implicitly acknowledges the malleability of gender. Yet, the adjudication of transgender asylum cases continues to uphold a fixed and binary conception of gender by assuming a “born into the wrong body” narrative and that claimants should always already know their gender identities. Courts thus enforce a cis–trans binary wherein only certain claimants are found “trans enough.”. (shrink)

ABSTRACTJason Summersell responded to my article – ‘Reclaiming reality and redefining realism: the challenging case of transgenderism’ – by suggesting that I have made an inferential error about ontology. In this paper, I refute his objection and argue that his position does not take seriously the unresolved public policy threat posed by the commercially-inflected and politicized world of trans ideology. The realpolitik of trans-activism contains legal and illegal processes that now suppress a necessary debate about a number of matters: from (...) common sense notions of sex and the findings of biological science; to the rights of women and children. (shrink)

ABSTRACTDavid Pilgrim is, in his words, ‘not at all hostile’ to transgender people. Nevertheless, in my opinion, his position allows him to provide a veneer of philosophical acceptability to transphobic arguments: such as that, if a person can choose their gender, they should be able to choose their age. In stripping away the veneer, I demonstrate that Bhaskar's version of the transitive and intransitive dimensions resolves the supposed conundrum. I also take issue with the idea that sex is biological (...) and gender is a social construct, i.e. that there is a duality between object and subject. I argue that this duality does more harm than good in the fight for equality since it gives philosophical resources to those who would bully LGBTIQ, allowing them to blame their victims. I use my understanding of gender to arrive at a compassionate resolution of the restroom debate, in which everyone's wellbeing is considered. I also warn that the debate may have been commandeered by men to achieve a transphobic agenda and that all women are likely to pay a high price because of it. Furthermore, an unexpected result of my analysis is that Judith Butler's position is, in significant ways and contrary to the opinion of some critical realists, similar to the Bhaskarian critical realist position. (shrink)

A 28-year-old female-to-male transgender patient presents to the emergency room with one day of pleuritic chest pain and shortness of breath. The patient is found to have an acute pulmonary embolus and is admitted is to the academic hospitalist teaching service for further management.The transgender population is diverse in gender identity, expression, and sexual orientation. Although estimates vary, one study suggests that 0.3% of adults identify as transgender. The U.S. National Transgender Discrimination Survey revealed that 28% (...) of transgender adults have experienced harassment in medical settings, 19% reported being refused care, and 28% postponed care because of discrimination... (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)

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)

Both in church and culture, discussion of sexual orientation has far outpaced discussion of gender identity, leaving the churches with limited resources to respond to “bathroom bills” or to walk faithfully with transgender persons in their midst. This paper draws on the work of Rowan Williams and Sarah Coakley to argue for understanding gender transition as an eschatological formation ordered to the body’s grace. In critical conversation with Oliver O’Donovan, John Milbank, and David Cloutier, the paper offers a constructive, (...) non-voluntarist theological proposal for transgender affirmation in the service of participation in the triune life that exceeds gender. (shrink)

By exploring and giving equal weight to transgendered subjectivities, however, Gayle Salamon upends these certainties.

BackgroundDuring adolescence, bullying often has a sexual content. Involvement in bullying as a bully, victim or both has been associated with a range of negative health outcomes. Transgender youth appear to face elevated rates of bullying in comparison to their mainstream peers. However, the involvement of transgender youth as perpetrators of bullying remains unclear in the recent literature.ObjectiveThe aim of this study was to compare involvement in bullying between transgender and mainstream youth and among middle and late (...) adolescents in a general population sample.MethodsOur study included 139,829 students in total, divided between a comprehensive school and an upper secondary education sample. Associations between gender identity and involvement in bullying were first studied using cross-tabulations with chi-square statistics. Logistic regression was used to study multivariate associations. Gender identity was used as the independent variable, with cisgender as the reference category. Subjection to and perpetration of bullying were entered each in turn as the dependent variable. Demographic factors, family characteristics, internalizing symptoms, externalizing behaviors, and involvement in bullying in the other role were added as confounding factors. Odds ratios with 95% confidence intervals are given. The limit for statistical significance was set at p < 0.001.ResultsBoth experiences of being bullied and perpetrating bullying were more commonly reported by transgender youth than by cisgender youth. Among transgender youth, all involvement in bullying was more commonly reported by non-binary youth than those identifying with the opposite sex. Logistic regression revealed that non-binary identity was most strongly associated with involvement in bullying, followed by opposite sex identity and cisgender identity. Transgender identities were also more strongly associated with perpetration of bullying than subjection to bullying.ConclusionTransgender identity, especially non-binary identity, is associated with both being bullied and perpetrating bullying even when a range of variables including internal stress and involvement in bullying in the opposite role are taken into account. This suggests that bullying during adolescence may serve as a mechanism of maintaining heteronormativity. (shrink)

This article argues that only a limited form of EU citizenship is available to transgender people. As the paper demonstrates, transgender Union citizens face numerous difficulties when they exercise their right to free movement, despite such movement being the core of Union citizenship. Rather, transgender individuals only have access to a considerably restricted form of EU citizenship which is guaranteed as part of their fundamental status conferred by EU Treaties. The article points out that the current approach (...) of including transgender discrimination in the purview of discrimination on the grounds of sex fails to tackle the issue because it is conceptually problematic and largely ineffective. As a solution to remedy the issue, the paper suggests overhauling the existent approach to trans discrimination in a way that makes it capable of ensuring that transgender persons enjoy their Union citizenship to its fullest extent. (shrink)

Bruce Lincoln suggests that myth is "that small class of stories that possess both credibility and authority". When studying the history of mythology we find that myths often are understood as something other people have—as if the group in question possesses the truth while others live by falsehoods. In examining contemporary North American society, we can see how Judeo-Christian narratives structure popular and medical discourses regarding sex and gender. The idea that humans are born into male and female, and male (...) and female only, is a deeply held belief—so much so that it appears as fact rather than belief. Anthropologists such as Serena Nanda and Will Roscoe have documented the cross-cultural and historical "gender variants" who exist in societies where three or more genders are the norm. The origin of the belief in two sexes could well be the opening verses of Genesis where the origin of the human species is described in bipolar, dimorphic forms: "… in the image of God He created them; male and female created He them". In the article I explore the mythology that underlies the clinical management of transgender children. (shrink)

In this paper, I link philosophical discussion of policies for trans inclusion or exclusion, to a method of policy making. I address the relationship between concerns about safety, fairness, and inclusion in policy making about the inclusion of transwomen athletes into women’s sport. I argue for an approach based on lexical priority rather than simple ‘balancing’, considering the different values in a specific order. I present justifying reasons for this approach and this lexical order, based on the special obligations of (...) International Federations such as World Rugby. As a result, I provide a justificatory framework for the WR Guidelines that exclude transwomen from the women’s game in WR competitions. Finally, I give an account of a maximally safe, maximally fair and maximally inclusive form of sex categorisation in sport. (shrink)

This article explores “determining gender,” the umbrella term for social practices of placing others in gender categories. We draw on three case studies showcasing moments of conflict over who counts as a man and who counts as a woman: public debates over the expansion of transgender employment rights, policies determining eligibility of transgender people for competitive sports, and proposals to remove the genital surgery requirement for a change of sex marker on birth certificates. We show that criteria for (...) determining gender differ across social spaces. Gender-integrated spaces are more likely to use identity-based criteria, while gender-segregated spaces, like the sexual spaces we have previously examined, are more likely to use biology-based criteria. In addition, because of beliefs that women are inherently vulnerable and men are dangerous, “men’s” and “women’s” spaces are not policed equally—making access to women’s spaces central to debates over transgender rights. (shrink)

Much ethical attention has been devoted to sex segregation and its relation to fairness in the world of sports, with prominent controversies about transgender and intersex athletes helping to advance the debate in recent years. In this paper, I deploy some of the discussion from philosophy of sport to examine the fairness of allowing a trans woman to compete in a beauty pageant. This requires scrutinizing the physical characteristics that are rewarded in such competitions and their distribution among the (...) sexes. The analysis casts doubt on the coherence of simple sex segregation and facilitates a feminist critique of beauty standards. (shrink)

This paper employs a feminist model of scapegoating designed to capture the function that scapegoating plays in the justification and masking of oppression, and examines specific forms of legislation that target the rights of trans people to uncover their scapegoating patterns. Because scapegoating is experienced as a justified attribution of blame, it evades the understanding of those participating in its dynamics. My aim is to make apparent the transphobic rhetoric that convinces people of its necessity, such that we can determine (...) the best means to undermine its discriminatory consequences. I do this by examining the scapegoating logic behind bills that seek to impact various aspects of the lives of trans people, including education, sports, identification, and healthcare. (shrink)

Interviews with 41 nonbinary individuals reveal a considerable amount of ambivalence among nonbinary people regarding transgender identification. There is also disagreement about which model of transgender legitimacy determines group membership: the binary and medicalized model or the umbrella model. Those who do not identify as transgender either do not consider themselves to be “trans enough” to claim group membership alongside trans men and trans women or otherwise consider their gender experience to be qualitatively different from the (...) class='Hi'>transgender experience. Meanwhile, those who do identify as transgender credit the umbrella model as authoritative while acknowledging that their claims to group membership are often resisted by those who uphold the binary transgender model. Finally, those who defy an easy yes/no transgender categorization schema qualify their transgender identification with admissions of doubt that they are really “trans enough” to claim the label or through linguistic practices that position themselves as tangentially transgender or as distinctly nonbinary transgender. This range of responses illuminates the diverse gender identities that coexist among nonbinary people that cannot be neatly sorted into a man/woman or cisgender/transgender binary. Research on the sociology of gender must expand beyond both of these binary frameworks to reflect the reality of gender diversity. (shrink)

Developments in uterus transplant put assisted gestation within meaningful range of clinical success for women with uterine infertility who want to gestate children. Should this kind of transplantation prove routine and effective for those women, would there be any morally significant reason why men or transgender women should not be eligible for the same opportunity for gestation? Getting to the point of safe and effective uterus transplantation for those parties would require a focused line of research, over and above (...) the study of uterus transplantation for non-transgender women. Some commentators object to the idea that the state has any duty to sponsor research of this kind. They would limit all publicly-funded fertility research to sex-typical ways of having children, which they construe as the basis of reproductive rights. This objection has no force against privately-funded research, of course, and in any case not all social expenditures are responses to ‘rights’ properly speaking. Another possible objection raised against gestation by transgender women is that it could alter the social meaning of sexed bodies. This line of argument fails, however, to substantiate a meaningful objection to gestation by transgender women because social meanings of sexed bodies do not remain constant and because the change in this case would not elicit social effects significant enough to justify closing off gestation to transgender women as a class. (shrink)

Maybe we should think of it like this: trans women/men are to women/men as adoptive parents are to parents. There are disanalogies of course, and the morality of adoption is a large issue in itself which I can't do full justice to here. Still, the analogies are, I think, important and instructive.

In the case of controversial interventions there is a need for clinical guidelines to be founded on ‘expert opinion’ and an evidence base, in order to minimise individual clinicians making subjective decisions influenced by bias or cultural norms. This paper considers international clinical guidelines that through recommendation effectively prohibit the provision of genital-alignment surgery for competent adolescents with gender dysphoria. I argue that although the rationale for this particular guideline is based on serious concerns, these need to be better understood (...) to allow reconsideration of this unilateral prohibitive recommendation. I do not propose that genital-alignment surgery should be prima-facia provided for any adolescent with gender dysphoria. Instead I argue that by developing our understanding of the current concerns, we can allow guidelines to incorporate a margin of clinical discretion, to allow clinicians to provide genital-alignment surgery to some adolescents, where clinically appropriate. In facilitating this we can move towards establishing a solid evidence-base. The basis of this position is that clinical guidelines and medical practice should treat these young people with the same standards of evidence-based care as others who have less controversial conditions. Whilst this paper uses English law and UK professional regulation for context, many of the ethical, legal and professional issues highlighted are applicable to other jurisdictions. (shrink)