FIRE’s Model Legislation Prohibiting Universities from Requiring Faculty Member to Make Loyalty Pledges or Ideological Commitments

In February, FIRE announced its model legislation that would prohibit all political litmus tests by universities, including DEI statements. I am fully in support. Here is a link to the Model Legislation. What follows is an excerpt from FIRE's announcement:

FIRE warned in a statement last year that the First Amendment “prohibits public universities from compelling faculty to assent to specific ideological views or to embed those views in academic activities.” But colleges have not stopped imposing political litmus tests on students and faculty in the guise of furthering DEI efforts.

Vague or ideologically motivated DEI statement policies can too easily function as litmus tests for adherence to prevailing ideological views on DEI.

[In February, 2023 FIRE introduced model legislation that] prohibits the use of political litmus tests in college admissions, hiring, and promotion decisions. Legislation is strong medicine, but our work demonstrates the seriousness of the threat. While the current threat involves coercion to support DEI ideology, efforts to coerce opposition to DEI ideology would be just as objectionable. Attempts to require fealty to any given ideology or political commitment — whether “patriotism” or “social justice” — must be likewise rejected.

To that end, because we are cognizant of the endless swing of the partisan pendulum, FIRE’s legislative approach bans all loyalty oaths and litmus tests, without regard to viewpoint or ideology. In an effort to avoid exchanging one set of constitutional problems for another, our model legislation prohibits demanding support for or opposition to a particular political or ideological view. We believe this approach is constitutionally sound and most broadly protective of student and faculty rights, both now and in the future.

FIRE strongly believes that loyalty oaths and political litmus tests have no place in our nation’s public universities. Given the pernicious threat to freedom of conscience and academic freedom we have seen on campus after campus over the past several years, legislative remedies are worthy of thoughtful consideration. We look forward to further discussion with both supporters and critics about how best to ensure that our nation’s public colleges and universities remain the havens for intellectual freedom they must be.

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About “Transphobia”

I agree with Amy Alkon's position on "transphobia":

Transphobia" is usually a bullshit accusation, used to demonize people like me who believe ALL people deserve to be treated with kindness, respect, and dignity - but who refuse to go with the unscientific fiction that there are more than two sexes, & believe biological males do not belong in women's sports or women's prisons. And that 6-year-old girls shouldn't have to look at swinging dicks in women's locker room.

Stonewall definition of transphobia is "fear or dislike of someone based on the fact they are trans." I have zero fear or dislike of trans people, and a lot of empathy for them.

What I won't stand for is vicious trans activists violently attacking women, mobbing women who refuse to parrot the language they demand or have beliefs like mine: there are 2 biolog sexes, & women's sports/prisons are no place for biological males.

I would add that shelters for abused women are not proper places for biological males.

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Exposing the Pretendians

Peter Boghossian Reports on the "Pretendians." An excerpt from Peter's article:

There is an epidemic of primarily white people—and white women in particular—who are pretending to be Native Americans for professional gain. Dubbed “Pretendians,” these individuals are predominantly active in academia and hold tenured faculty positions or even department chairs.

To be sure, this is a cultural oddity. It is not, however, particularly surprising given the career advantages the academy confers on Native Americans. What is bizarre is that once a university finds out that one of its faculty is pretending to be Native American, they do nothing about it. Nothing.

I invite you to ponder this: The same institutions that start meetings with land acknowledgments, champion Native American history, obsess over equity-based racial solutions to contemporary ills, and perseverate on historical tragedies, completely ignore known instances of fraud by white people who are pretending to be indigenous and who receive direct financial reward as a result. I cannot believe that the Pretendian scam is not a bigger story. It is a clear example of staggering hypocrisy on multiple levels.

Here is Peter's interview with Jacqueline Keeler, a Native American author and journalist who has explored the phenomena of Pretendians.

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The Transgender Religion

In his 2021 book, Woke Racism, John McWhorter made the strong claim that Wokism is a religion. Not like a religion. It was literally a religion. At pages 23-24 he writes:

Something must be understood: I do not mean that these people’s ideology is “like” a religion. I seek no rhetorical snap in the comparison. I mean that it actually is a religion. An anthropologist would see no difference in type between Pentecostalism and this new form of antiracism. Language is always imprecise, and thus we have traditionally restricted the word religion to certain ideologies founded in creation myths, guided by ancient texts, and requiring that one subscribe to certain beliefs beyond the reach of empirical experience. This, however, is an accident, just as it is that we call tomatoes vegetables rather than fruits. If we rolled the tape again, the word religion could easily apply as well to more recently emerged ways of thinking within which there is no explicit requirement to subscribe to unempirical beliefs, even if the school of thought does reveal itself to entail such beliefs upon analysis. One of them is this extremist version of antiracism today. ... Early Christians did not think of themselves as “a religion,” either. They thought of themselves as bearers of truth, in contrast to all other belief systems, whatever they chose to call themselves. In addition, in our times, it will feel unwelcome to the Elect to be deemed a religion, because they do not bill themselves as such and often associate devout religiosity with backwardness. It also implies that they are not thinking for themselves. ... To make sense of it, we must understand them—partly out of compassion and partly in order to keep them from destroying our own lives. This can happen only if we process them not as crazed, but as parishioners.

Abigail Shrier, is the unfairly attacked author of Irreversible Damage (2021), has stated that gender ideology (which many people consider to be part of the Woke movement) should also be considered to be a religion. Not like a religion, but an actual religion. Shrier sets forth her reasons at her Substack, in an article titled: "Little Miss Trouble Why I’m Not Waiting for the Gender ‘Pendulum’ to Swing Back."

Gender Ideology is not a pendulum, and it will not swing back with a little help from inertia. Gender Ideology is a fundamentalist religion—intolerant, demanding strict adherence to doctrine, hell-bent on gathering proselytes. I do not here use the term “religion” metaphorically or lightly. Induction into this religion begins with a baptism: the selection of pronouns and often a new name, greeted with all the celebration (and more) of a conversion. It evangelizes aggressively: through social media influencers, who claim to know a teen’s truest self better than her parents and to love that teen so much more than they ever could. Therapists, teachers, and school counselors play evangelist to numberless kids at American school. There’s no physical evidence that any of us possesses an ethereal gender identity, of course.

Because it is a religion, gender ideology "is not a tide, and it will not turn with the gravitational pull of the moon." According to Shrier, the very occasional sparkles of honesty we have seen in the corporate media were "pawn sacrifices" by the movement. It is her opinion that the ground-swell of Believers filling our sense-making institutions will not give any real ground until forced to do so.

So no, I don’t love the sensation of young people screaming in my face. But there is something I fear more than the furor of hundreds of zealots, blaring horns and banging bass drums: the world they aim to create, where truth finds no foothold and fairness, no purchase.

Continue ReadingThe Transgender Religion