FIRE’s Model Legislation

FIRE (the Foundation for Individual Rights and Expression) has proposed model legislation to take on the ever-growing DEI Bureaucracies of Universities, a critically important move for defending academic freedom. In my opinion, aggressive legislation of this sort is necessary, given the way that DEI departments are destroying our universities. Lawrence Krauss recently detailed many of the DEI abuses in his video, "Is Woke Science the Only Science Allowed in Academia?"

Excerpts from the FIRE article:

When colleges act more like giant corporations and less like educational institutions, student and faculty rights suffer. Newly hired bureaucrats need to justify their paychecks, after all — so controversial, dissenting, or simply unpopular voices become targets. “Surely massive administrative bureaucracies of student life must be maintained,” wrote FIRE co-founder Harvey Silverglate in 2011, “if universities are going to enforce the increasingly ubiquitous — in academia —‘right’ not to be offended.”

In recent years, campus administrative growth has focused on diversity, equity, and inclusion efforts. Whatever the intentions, the imposition of DEI bureaucracy upon the academy has too often come at the expense of academic freedom and freedom of expression. DEI administrators have been responsible for repeated campus rights abuses. ...

DEI efforts have threatened student and faculty rights in other ways, too. Most significantly, colleges and universities now routinely require students and faculty to pledge their allegiance to a politicized understanding of “diversity” as a condition of consideration for admission, hiring, or promotion. FIRE has repeatedly come to the defense of faculty who have been pressured into proving their fealty to a specific conception of DEI as the price of serious consideration or continued employment. And we’ve heard concerns about the chilling, coercive effect of mandatory diversity statements from hundreds more.

Providing the “wrong” answer dooms applications and candidacies. At the University of California, Santa Cruz, for example, DEI statements are used as an initial screening tool for applicants, with one public report indicating that 45% of applicants across various searches were eliminated in a first round of DEI statement screening. (That number may be comparatively low. During one department’s hiring process at the University of California, Berkeley, reviewing diversity statements prior to the rest of a candidate’s application eliminated 78% of applicants.)

So today, FIRE is introducing 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.

Model Legislation can be read at the linked article. Here are a few excerpts from the Model Legislation:

A. No public institution of higher education shall condition admission or benefits to an applicant for admission, or hiring, reappointment, or promotion to a faculty member, on the applicant’s or faculty member’s pledging allegiance to or making a statement of personal support for or opposition to any political ideology or movement, including a pledge or statement regarding diversity, equity, inclusion, patriotism, or related topics, nor shall any institution request or require any such pledge or statement from an applicant or faculty member.

B. If a public institution of higher education receives a pledge or statement describing a commitment to any particular political ideology or movement, including a pledge or statement regarding diversity, equity, inclusion, patriotism, or related topics, it may not grant or deny admission or benefits to a student, or hiring, reappointment, or promotion to a faculty member, on the basis of the viewpoints expressed in the pledge or statement.

[More . . . ]

Continue ReadingFIRE’s Model Legislation

NYT’s Continued Meaningful Discussion of Transgender Issues

Apparently, the memo has gone out that we can start relying on common sense again. Pamela Paul, writing at the NYT, discusses the bizarre and unfair campaign of threatened violence against J.K. Rowling. Perhaps this is the beginning of what surely should be a more productive conversation that recognizes the reality of the two biological sexes:

So why would anyone accuse her of transphobia? Surely, Rowling must have played some part, you might think.

The answer is straightforward: Because she has asserted the right to spaces for biological women only, such as domestic abuse shelters and sex-segregated prisons. Because she has insisted that when it comes to determining a person’s legal gender status, self-declared gender identity is insufficient. Because she has expressed skepticism about phrases like “people who menstruate” in reference to biological women. Because she has defended herself and, far more important, supported others, including detransitioners and feminist scholars, who have come under attack from trans activists. And because she followed on Twitter and praised some of the work of Magdalen Berns, a lesbian feminist who had made incendiary comments about transgender people.

You might disagree — perhaps strongly — with Rowling’s views and actions here. You may believe that the prevalence of violence against transgender people means that airing any views contrary to those of vocal trans activists will aggravate animus toward a vulnerable population.

But nothing Rowling has said qualifies as transphobic. She is not disputing the existence of gender dysphoria. She has never voiced opposition to allowing people to transition under evidence-based therapeutic and medical care. She is not denying transgender people equal pay or housing. There is no evidence that she is putting trans people “in danger,” as has been claimed, nor is she denying their right to exist.

Take it from one of her former critics. E.J. Rosetta, a journalist who once denounced Rowling for her supposed transphobia, was commissioned last year to write an article called “20 Transphobic J.K. Rowling Quotes We’re Done With.” After 12 weeks of reporting and reading, Rosetta wrote, “I’ve not found a single truly transphobic message.” On Twitter she declared, “You’re burning the wrong witch.”

On Feb 15, 2023, GLAAD and its allies sent a letter to the NYT, broadcasting clearly that they don't want people to have real conversations about transgender topics. They insist that there is only one side to the story, and their allies have done their damndest to silence anyone with a differing viewpoint with shame, cancelation, economic loss and violence. GLAAD's letter was signed by more than a few people who have written for the New York Times. I waited with interest, curious about how the NYT would respond. The NYT response was very difficult to find on Google, which pretends to be an unbiased search engine, but was worth the wait:

The NYT also released this message that they will not tolerate the authoritarian tactics of those who pretend to seek to discuss trans issues:

Continue ReadingNYT’s Continued Meaningful Discussion of Transgender Issues

Whistle-Blower Speaks Out at the Washington University Transgender Center at St. Louis Children’s Hospital

In November, 2022, Jamie Reed quit her job at the The Washington University Transgender Center at St. Louis Children's Hospital because she came to the conclusion that the way the Center treated its young patients was "morally and medically appalling." Here are the opening paragraphs of her detailed story at The Free Press: "I Thought I Was Saving Trans Kids. Now I’m Blowing the Whistle."

I am a 42-year-old St. Louis native, a queer woman, and politically to the left of Bernie Sanders. My worldview has deeply shaped my career. I have spent my professional life providing counseling to vulnerable populations: children in foster care, sexual minorities, the poor.

For almost four years, I worked at The Washington University School of Medicine Division of Infectious Diseases with teens and young adults who were HIV positive. Many of them were trans or otherwise gender nonconforming, and I could relate: Through childhood and adolescence, I did a lot of gender questioning myself. I’m now married to a transman, and together we are raising my two biological children from a previous marriage and three foster children we hope to adopt.

All that led me to a job in 2018 as a case manager at The Washington University Transgender Center at St. Louis Children's Hospital, which had been established a year earlier.

The center’s working assumption was that the earlier you treat kids with gender dysphoria, the more anguish you can prevent later on. This premise was shared by the center’s doctors and therapists. Given their expertise, I assumed that abundant evidence backed this consensus. During the four years I worked at the clinic as a case manager—I was responsible for patient intake and oversight—around a thousand distressed young people came through our doors. The majority of them received hormone prescriptions that can have life-altering consequences—including sterility.

I left the clinic in November of last year because I could no longer participate in what was happening there. By the time I departed, I was certain that the way the American medical system is treating these patients is the opposite of the promise we make to “do no harm.”

Instead, we are permanently harming the vulnerable patients in our care. Today I am speaking out. I am doing so knowing how toxic the public conversation is around this highly contentious issue—and the ways that my testimony might be misused. I am doing so knowing that I am putting myself at serious personal and professional risk.

Almost everyone in my life advised me to keep my head down. But I cannot in good conscience do so. Because what is happening to scores of children is far more important than my comfort. And what is happening to them is morally and medically appalling.

[More . . . .]

Continue ReadingWhistle-Blower Speaks Out at the Washington University Transgender Center at St. Louis Children’s Hospital

We Have Ended the War on Obesity. We Are Declaring Ourselves Healthy Fat and Moving On

Dr. Vinay Prasad reports on the insanity. Here is is in a nutshell (this is my mini-summary):

Mount Sinai School of Medicine: Striving for a healthy weight is racist. NYT: Stop worrying about losing weight. This is part of the new American ethos: This bad thing that is happening to you is not your fault. In fact, nothing is your fault. And there is no need to work hard to achieve anything.

Continue ReadingWe Have Ended the War on Obesity. We Are Declaring Ourselves Healthy Fat and Moving On

What it Means to be “Woke”

The term "woke" refers to something real. It is important to get clear on what that thing is because we are in the throes of a powerful social movement that is working very hard to evade criticism by refusing to allow us to utter its name.

I have used "woke" for the past few years and I'm not giving up on this perfectly adequate term. There are other almost synonymous terms such as "social justice movement," but nothing quite captures Wokeness like Woke. I'm sticking with "woke," even though the Woke now accuse those who use this term of being insulting or bigoted. The "woke" will be insulted no matter how far down we go down the line of cascading euphemisms, however. This succession is sometimes referred to as a "euphemism treadmill."  Another example of the euphemism treadmill can be found with the history of the word "retarded."  At its core, "retarded" means slow thinking.

Many people have used the term "retarded" to describe a real life phenomenon that can be plainly seen in some people, unfortunately. Others have used it as an explicative and a pejorative, to hurt someone's feelings, often directing this insult at people who are not diagnosably slow in their ability to think.  The fact that the word "retarded" can be used to both describe a real phenomenon and as an insult has resulted in the concoction of a comically long list of synonyms. Every time a new euphemism is invented, someone uses the newly created euphemism as an insult and then people go back to the blackboard to create a new synonym for slow thinking.  

[More . . . ]

Continue ReadingWhat it Means to be “Woke”