Category Archives: In the news

Transgender discrimination is sex discrimination

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The people defending segregated bathrooms have weird ideas about privacy.

The Obama Education department says schools can’t discriminate against transgender students if they want federal funding, under Title IX of the Education Amendments. This relies on an interpretation of the law, which did not include gender identity in 1972. The law permits sex segregated bathrooms, athletics, and classes that teach body stuff, but by this interpretation they have to permit transgender students to use the facilities consistent with their gender identity. I’m not a legal expert, so this is just a semi-informed thought.

Some conservatives believe Obama is wrong because the new rule tries to make sex socially constructed, which it isn’t. On Fox News Sunday, George Will said:

The ’64 Civil Rights Act bans discrimination on the basis of sex. The administration is saying sex is a synonym for gender identity. Not true. The “party of science” ought to know that sex is a matter of chromosomes. And the — those advocating for transgender rights have been saying for years that indeed it is a matter of sexual gender identity that is not the same as sex. So what is sinister here is the — is the president saying the language of the law simply doesn’t mean what it says.

(This is one of the reasons I don’t defend the sex-versus-gender distinction anymore).

The defense of sex segregation rules that exclude transgender people is based on notions of privacy that are counterintuitive (to me), whereby being seen naked by someone of the same sex is not a privacy violation but being seen naked by someone of another sex is. This has been litigated a lot with respect to prisons, where female prisoners have been successful in using privacy claims in some cases to get same-sex guards assigned to do strip searches and shower supervision. Although I support female prisoners’ attempts to reduce abuse by having female guards, the process we’re going through is part of a progressive weakening of sex segregation, which is mostly good. In fact, I think it would be a shame if we ended up shoehorning transgender rights into this binary-privacy construction, defending the right of transgender people to be seen naked only by the proper binary-category of people.

I don’t think transgender rights require creating new categories of protection, or changing the definition of sex and gender (although there’s nothing wrong with that necessarily). I think transgender discrimination is sex discrimination because it denies people the privileges one sex enjoys on the basis of their sex. I particularly like the logic of Judge Vaughn Walker’s Proposition 8 decision in California, in which he explained how sex discrimination creates sexual orientation discrimination, in that case by denying lesbians homogamous marriage rights:

Sexual orientation discrimination can take the form of sex discrimination. Here, for example, Perry is prohibited from marrying Stier, a woman, because Perry is a woman. If Perry were a man, Proposition 8 would not prohibit the marriage. Thus, Proposition 8 operates to restrict Perry’s choice of marital partner because of her sex. … Having considered the evidence, the relationship between sex and sexual orientation and the fact that Proposition 8 eliminates a right only a gay man or a lesbian would exercise, the court determines that plaintiffs’ equal protection claim is based on sexual orientation, but this claim is equivalent to a claim of discrimination based on sex.

I think you can apply the same logic to transgender rights with respect to bathrooms, etc. Laws insisting on sex-matched bathroom use have the effect of forcing only transgender people to use bathrooms with people of the other gender. If you’re going to have sex segregated bathrooms, it’s an equal protection problem if transgender people disproportionately suffer the negative consequence of that. But underlying that, it’s a problem of sex discrimination: because of her sex, a trans woman can’t use the facility that she is most comfortable with.

Under the new education guideline, schools can provide everyone with an individual-user options (but not force only transgender people to use them), or they don’t have to have sex-segregated bathrooms at all (although they would presumably have to provide individual-user facilities as an option).

If people are deeply committed to the gender binary, the last bastions of which are sex-segregated bathrooms and athletics, then I think they are right to be freaking out. As much as transgender rights activists often reinforce the gender binary by asserting a right to cross it without challenging it, the very debate we’re having undermines the concept. Eventually, someone could argue successfully that sex segregated bathrooms are sex discrimination for everyone, which they obviously are – and the justification for that is weakening.

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Haskins / Sawhill Moynihan Prize: The Family Inequality file

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Sawhill and Haskins (photo collage from Brookings)

The American Academy of Political and Social Science gives the Moynihan Prize each year to:

recognize social scientists and other leaders in the public arena who champion the use of informed judgment to advance the public good. The Moynihan Prize is intended to honor those who, like the late Senator, have promoted the use of sound analysis and social science research in policy-making, while contributing to the civility of public discourse and pursuing a bipartisan approach to society’s most pressing problems.

This year’s winners are Ron Haskins and Isabel Sawhill, longtime fellows at the Brookings Institution, specializing in poverty policy. Now that classes are over I’m going to head downtown to hear their speeches.

Both have appeared frequently on the pages of Family Inequality. Looking back at that record, I see that I’ve been pretty negative. Here are the highlights, in chronological order:

Four-out-of-five myths about America: During the economic crisis, Haskins and Sawhill say giving poor families more money is a mistake.

How many Black scholars does it take to have any Black scholars?: Haskins dismissal of Kathryn Edin’s research based on anecdotes from his personal experience annoys me. (Also, no Black scholars at a conference with a family inequality theme.)

Blame the poor, “We tried generosity and it just doesn’t work” edition: I accuse Haskins of spreading the “stupid and evil” meme that all the money we’ve spent on poor people didn’t “work” because we still have poverty.

A few ways Isabel Sawhill is wrong on single mothers: I argue that Sawhill misrepresents the research record as she reflects on the 50th anniversary of the Moynihan Report.

No, poverty is not a mysterious, unknowable, negative-spiral loop: I criticize Haskins (and the “consensus plan” to address poverty) for ignoring the obvious implications of the history of Social Security: when you give people money, they’re not poor anymore.

How about we stop moralizing and end child poverty tomorrow?: I object to Sawhill’s idea that poverty results from people having children before they are “financially or emotionally ready.”

US policy fails at reducing child poverty because it aims to fix the poor: I fault Haskins for his rosy view of welfare reform, and his view that “mothers on welfare, even those with young children, should be encouraged, cajoled, and, when necessary, forced to work.”

Delayed parenting and anti-poverty policy: While supporting greater access to reproductive healthcare, I raise doubts about the policy of deterring early births as an anti-poverty strategy.

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International adoption to the US has fallen 75%

Just updated my data series on international adoption. You can see previous posts, with commentary, at the adoption tag.

The data are the US State Department, which grants the adoption visas. It’s kind of a mess, back to 1999, here. (I have an old spreadsheet that goes back to 1990 for the big countries but I can’t find the link anymore.) The most recent report is here, and the briefer narrative is here. For the first time in those documents I saw an official description of what’s changed in China, which partly explains the broader trends. The State Department says 20,000-30,000 children are placed domestically in China now, as a result of increased government focus on domestic adoption, although without providing comparison numbers. They also say more than 90% of children adopted to the US from China now have special health needs, up from 5% in 2005. They conclude, reasonably it seems, that this results from “overall positive changes made to the child welfare system in China over the last decade.”

Anyway, here’s the chart. I show detail on those that ever had more than 2000 adoptions in one year, plus Haiti (because of the important history there), and Uganda and Ukraine (which are among the top five sending countries in the most recent year).

adoptions stats.xlsx

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For (not against) a better publishing model

I was unhappy to see this piece on the American Sociological Association (ASA) blog by Karen Edwards, the director of publications and membership.

The post is about Sci-Hub, the international knowledge-stealing ring that allows anyone to download virtually any paywalled academic paper for free. (I wrote about it, with description of how it’s used, here.) Without naming me or linking to the post, Edwards takes issue with pieces like mine. She writes:

ASA, other scholarly societies, and our publishing partners have been dismayed by some of the published comments about Sci-Hub that present its theft as a kind of “Robin Hood” fairy tale by characterizing the “victims” as greedy publishers feasting on the profits of expensive individual article downloads by needy researchers.

My first objection is, “ASA … have been dismayed.” There have been many debates about who speaks for ASA, especially when the association took positions on legal issues (their amicus briefs are here). And I’m sure the ASA executives send out letters all the time saying, ASA thinks this or that. But when it’s about policy issues like this post (and when I don’t agree), then I think it’s wrong without some actual process involving the membership. The more extreme case, on this same issue, was when the executive officer, Sally Hillsman, sent this letter to the White House Office of Science and Technology Policy objecting to the federal government’s move toward open access — which most of us only found out about because Fabio Rojas posted it on OrgTheory.

My second objection is to the position taken. In Edwards’ view, the existence of Sci-Hub, “threatens the well-being of ASA and our sister associations as well as the peer assessment of scholarship in sociology and other academic disciplines.”

Because, in her opinion, without paywalls — and Sci-Hub presumably threatens to literally end paywalls — the system of peer reviewed scholarly output would literally die. As I pointed out in my original piece, if your entire enterprise can be brought down by the insertion of 11 characters into a URL, your system may in fact not be sustainable. Rather than attack Sci-Hub and its users, “ASA” might ask why its vendor is so unable to prevent the complete demolition of its business model by a few key strokes. But they don’t. Which leads me to the next point.

The Edwards post goes way beyond the untrue claim that there is no other way to support a peer review system, and argues that ASA needs all that paywall money to pay for all the other stuff it does. That is, not only do we need to sell papers to pay for our journal operations (and Sage profits), we also need paywalls because:

ASA is a nonprofit, so whatever revenue we receive from our journals, beyond what it costs us to do the editorial and publications work, goes directly into providing professional and educational services to our members and other scholars in our discipline (whether they are members or not). … The revenue allows ASA to provide sociologists in the field competitive research grants, pre-doctoral scholarships, specialized career development, and new digital teaching resources among many other services. It is what allows us to work effectively with other social science associations to sustain and, hopefully, grow the flow of federal research dollars to the social sciences through NSF, NIH, and many others and to defend against elimination and cuts to federal support (e.g., statistical systems and ongoing surveys) so scholars can conduct research and then publish outstanding scholarship.

In other words, as David Mamet’s character Mickey Bergman once put it, “Everybody needs money. That’s why they call it money.”

This means that finding the best model for getting sociological research to the most people with the least barriers is not as important as all the other stuff ASA does — even if the research is publicly funded. I don’t agree.

Better models

There are better ways. Contrary to popular misconceptions, we do not need to go to a system where individual researchers pay to publish their work, widening status inequalities among researchers. The basic design of the system to come is we cut out the for-profit publishers, and ask the universities and federal agencies that currently pay for research twice — once for the researchers, and once again for their published output — to agree to pay less in exchange for all of it to be open access. Instead, they pay into a central organization that administers publication funds to scholarly associations, which produce open-access research output. For a detailed proposal, read this white paper from K|N Consultants, “A Scalable and Sustainable Approach to Open Access Publishing and Archiving for Humanities and Social Sciences.” (Others are trying as well; check out the efforts of the American Anthropological Association.)

This should be easy — more access, accountability, and efficiency, for less — but it’s a difficult political problem, made all the more difficult by the dedicated efforts of those whose interests are threatened by the possibility of slicing out the profit (and other surplus) portions of the current paywall system. The math is there, but the will and the organizational efforts are lagging badly, especially in the leadership of ASA.

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Why can’t the texting-panic establishment handle the truth?

Don’t drive distracted, okay? Now for some more updated facts. (Follow the whole series under the texting tag.)

The Diane Rehm show on NPR (Washington station WAMU) did another full episode on the perils of distracted driving. The extremely misleading title of the episode was, “Distracted Driving: What It Will Take To Lower Fatalities.”

The guests were researcher David Strayer; Jeff Larason, director of highway safety for Massachusetts; Joan Claybrook, former administrator of the National Highway Traffic Safety Administration; and Ben Leiberman, the co-founder of Distracted Operators Risk Casualties (DORCs), which is trying to develop the technology (and legislation) to allow police to scan phones at the scene of an accident to determine whether they were being used at the time of the crash.

I am pretty sure that every one of these guests knows that our roads are safer now than they have ever been, and that accident and fatality rates are at historic lows. And yet the entire conversation — without explicitly stating any trend facts — was conducted as if it is self-apparent that the problem is getting worse and worse. Several callers said they see more and more drivers on their phones; someone said one-in-four drivers is using a phone; someone said texting and driving is as dangerous as driving drunk. Maybe more and more people are using their phones while they drive, but that’s not making the roads less safe than they used to be.

Why can’t they handle the truth? Texting and other distractions are dangerous, and people shouldn’t do them — and the roads are getting safer over time. Here are the fatality trends for the last 20 years, from NHTSA:

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In the last 20 years, fatalities per mile have fallen 38% and fatalities per person have fallen 34%. That doesn’t make texting and driving okay, okay? But it’s true.

Further, much was made in the conversation about the special risks posed by younger drivers, who are said to be less skilled and more distractable behind the wheel. This also highly misleading. A separate data series, maintained by the Insurance Institute for Highway Safety, has fatal accidents by the age of the driver going back to 1975. This shows that the steepest decline in fatal accidents has been among teenage drivers — a stunning 71% decline in fatal accidents per person in that age group since the peak in 1978. In fact, teen drivers are now involved in fewer fatal accidents per person than 20-34-year-olds:

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I can understand that for advocates a story of continuously increasing peril is attractive. That doesn’t justify their refusal to speak facts, but it’s at least predictable. The guests all spoke of the need for more money to be devoted to the problem, more legislation, more awareness — all things that (no offense) pay their personal and professional bills.*

Less forgivable are the journalists who refuse to look seriously at the issue even as they devote inordinate amounts of time to it. This is a serious disservice, because the media-consuming public may want to seriously consider how to allocate resources to address different problems. Call me crazy, but knowing the facts seems important for this process. And in this case it’s not just that the facts are a little out of line with the narrative — they absolutely and dramatically contradict it.

Now for the fact you think I would be reluctant to mention: for the first time in two decades, the rate of property-damage-only accidents has increased for three years in a row. This may be a better measure of accident risk, because the fatality numbers could be partly driven by things like improved medical response time or auto safety devices. Still, property-only accidents per mile are down 21% since 1994 (while mobile phone subscriptions have risen more than 1200%).

proponly

That is an interesting turnaround, worth looking into. Unfortunately, I don’t have much confidence in the current crop of experts to offer a credible explanation for it.

* It’s no more surprising than academic professional association staff defending journal paywalls.

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Old people are getting older and younger

The Pew Research Center recently put out a report on the share of U.S. older women living alone. The main finding they reported was a reversal in the long trend toward old women living alone after 1990. After rising to a peak of 38% in 1990, the share of women age 65+ living alone fell to 32% by 2014. It’s a big turnaround. The report attributes it in part to the rising life expectancy of men, so fewer old women are widowed.

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The tricky thing about this is the changing age distribution of the old population (the Pew report breaks the group down into 65-84 versus 85+, but doesn’t dwell on the changing relative size of those two groups). Here’s an additional breakdown, from the same Census data Pew used (from IPUMS.org), showing percent living alone by age for women:

pewage1

Two things in this figure: the percent living alone is much lower for the 65-69s, and the decline in living alone is much sharper in the older women.

The age distribution in the 65+ population has changed in two ways: in the long run it’s getting older as life expectancy at old age increases. However, the Baby Boom (born 1946-1964) started hitting age 65 in 2010, resulting in a big wave of 65-69s pouring into the 65+ population. You can see both trends in the following figure, which shows the age distribution of the 65+ women (the lines sum to 100%). The representation of 80+ women has doubled since 1960, showing longer life expectancy, but look at that spike in the 65-69s!

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Given this change in the trends, you can see that the decrease in living alone in the 65+ population partly reflects greater representation of young-old women in the population. These women are less likely to live alone because they’re more likely to still be married.

On the other hand, why is there such a steep drop in living alone among 80+ women? Some of this is the decline in widowhood as men live longer. But it’s an uphill climb, because among this group there is no Baby Boom spike of young-olds (yet) — the 80+ population is still just getting older and older. Here’s the age distribution among 80+ women (these sum to 100 again):

pewage3

You can see the falling share of 80-84s as the population ages. If this is the group that is less likely to live alone the most because their husbands are living longer, that’s pretty impressive, because the group is aging fast. One boost the not-alones get is that they are increasingly likely to live in extended households — since 1990 there’s been a 5% increase in them living in households of at least 3 people, from 13% to 18%. Finally, at this age you also have to look at the share living in nursing homes (some of whom seem to be counted as living alone and some not).

In addition to the interesting gerentological questions this all raises, it’s a good reminder that the Baby Boom can have sudden effects on within-group age distributions (as I discussed previously in this post on changing White mortality patterns). Everyone should check their within-group distributions when assessing trends over time.

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I don’t give activists unsolicited advice, except: don’t talk to the police

I have previously criticized universities and news outlets for their handling of racism on and around campus (and sexual assault, too). But I’m not in the business of giving activists advice. So I’m speaking out of turn on one side point here, to recommend: don’t talk to the police. (Nothing personal.)

The campus police at UW have released body camera video of them escorting a student from class and arresting him for allegedly spray-painting anti-racist graffiti. (For critical commentary on this situation, here’s a statement from faculty at staff, including a bunch of sociologists; and a letter of support for students from the faculty and staff in Afro-American studies.) Several things are disturbing about this; I’d like to call attention to the conversation. Here’s the video, with my comment below:

(Other videos from the police department, showing other parts of their interactions, are here.)

I have no idea whether this man has broken any laws, and know nothing about his motivations. I’m also not against spray-painting statements in public spaces in all cases; it may be effective and justified, for example in this case at the University of North Carolina:

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Sometimes good people do illegal things, for good reasons, and we shouldn’t be surprised when activists get arrested for it. But that’s not relevant to this point, which is just that there is no good reason to talk to the police in a situation like this — at least no good legal reason (there may be good political or other reasons).

From the moment the cop says this (at 1:00), he’s lying continuously:

Alright, man, here’s what’s going on today. We have some information… Is it you, or is it somebody else, because I have information, I just want to get your side of the story…

This is such a generic statement that there’s no need to consider the facts of this situation. He does not want to get your side of the story, he wants to arrest you and make it easy for a prosecutor to get a conviction in his case. This is the clearest real-life example I can remember of this crucial lesson: don’t talk to the police. This is not unique to activists, everyone should know this.

If you aren’t one of the 6 million people who’s watched it already, I highly recommend the first 27 minutes of this video (especially if you, like many activists, are at heightened risk of arrest and prosecution).

Of course, standing up to a trained, armed, police officer who has done this many times is difficult, and I assume I would blow it (again), but I think the more you prepare yourself for the possibility the more likely you are to pull it off.

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