Issues involving the proper and respectful treatment of transgendered people are inherently difficult in a few situations. A recent story on FOX News (hardly a trustworthy source) about a proposal by the Maine Human Rights Commission to extend the ban on discrimination against the TG community to virtually every school-related context can’t be the best approach. If ultimately adopted, the guidance document would recognize no criteria for deciding when a student’s non-conforming gender identity should or should not be recognized; require the school to allow the student to compete in sports with members of the chosen (as opposed to birth) sex; and require the schools to “figure out” how to accommodate privacy concerns.
Is is enough for a student to simply announce, without more, a chosen gender? Maybe, because the document doesn’t require any particular “test” or even “factors” for deciding the question, and gives school officials only this unhelpful guidance for deciding what to do:
[I]f a school has an objective basis to question whether a student’s gender identity or expression is bona fide, it may ask for information to show that the gender identity is sincerely held. No particular type of information (such as medical) may be required.
This policy, however well-intentioned, is likely to lead to exactly the kind of nastiness it’s trying to avoid. In its effort to avoid the essentializing impulse of rules and laws that declare, brainlessly, that one’s sex at birth determines one gender identity forevermore, the Commission has simply thrown up its hands. But surely this isn’t the right answer. Should a college athlete, born male and with no hormone treatment or surgery be able to compete against women? Unless we’re talking about the University of Connecticut’s women’s basketball team, this isn’t fair (and would be poor sportsmanship, to boot).
The Commission deserves credit for trying to show respect for one of the most horribly vilified and mistreated groups of people around. But just as tests have been developed for all kinds of other difficult calls, some kind of criteria need to be applied here, too. Otherwise everyone loses.