The new normal: The ethical equivalence of cisgender and transgender identities

The new normal: The ethical equivalence of cisgender and transgender identities
Opinion + AnalysisRelationships
BY Louise Richardson-Self 14 JUN 2023
We’ve witnessed some pretty shocking hostility, anger, and violence directed towards the trans community recently, from anti-transgender rights activist Kellie-Jay Keen-Minshull’s national speaking tour, to an attack on LGBTQIA+ peaceful protestors by far-right Christian men.
This hostility isn’t new. Recall the former Warringah candidate Katherine Deves derogatorily described Trans and Gender Diverse (TGD) people as “surgically mutilated and sterilised”. Or that gender dysphoria was described as a “social contagion” at a Gender Identity in Law forum at Hobart’s Town Hall, and there was lament that “women and girls would miss out on opportunities to reach elite levels” in professional sport.
It is no secret that transgender women, in particular, are at the forefront of the public discourse around trans rights, and worldwide the slogan “trans women are women” has been catching on. But there is still resistance when certain collectives retort that “women” just are “adult human females”.
What drives these clashes is divergence over the metaphysics of sex and gender: what is ‘sex’, really? What is ‘gender’, really? The way we answer these questions shapes our estimation of which people can belong to which group, how people can behave, and in what ways society should recognise our identities.
Some people think the relationship from sex to gender is straightforward: male sex = man, female sex = woman. But others think that their relationship is more complicated and unpredictable. People might be assigned female at birth but develop a transmasculine gender identity. That person is transgender, and many believe it is both polite and metaphysically accurate to identify these people as men. Likewise, a person assigned male at birth could develop a transfeminine gender identity, and it is appropriate to identify her as a woman.
If this is what you think about sex and gender, then you believe that gender does not reduce to sex. Your view of gender is ‘trans inclusive’.
Enter ‘cisgender’
To help us better articulate the gendered positions that are available to us, in the 1990s trans activists coined the term ‘cisgender’, or ‘cis’ for short referring to people whose gender identity and expression matches the biological sex they were assigned when they were born. Although ‘cisgender’ has been around a long time, it only went ‘mainstream’ pretty recently, being added to the Oxford English Dictionary only in 2015.
I’ve come to believe that cisgender is an ethically necessary concept. And, speaking personally, it is a concept that also allows me to better understand myself and how we can be more inclusive of others.
As B. Aultman explains, “The terms man and woman, left unmarked, tend to normalise cisness — reinforcing the unstated ‘naturalness’ of being cisgender. Using the identifications of ‘cis man’ or ‘cis woman’, alongside the usage of ‘transman’ and ‘transwoman’, resists that norm reproduction and the marginalisation of trans people that such norms effect.”
Putting the point another way, being non-trans is a common, not normal self-expression. Simultaneously, being trans is an uncommon, but nonetheless normal expression. Introducing a positive marker of nontrans identity through the term ‘cisgender’ can have a really important social impact: it can help to destigmatise being trans.
For this reason, ‘cis’ is not just a label for me; it’s meaningful. It allows me to make sense of myself, my experiences, and my social surrounds in a deeply existential way.
Embodied identity
I was raised on a diet of feminist materialism, or ‘difference feminism’, so how I see my self — my own being — is thoroughly embodied; the self is, first and foremost, fundamentally corporeal. But there is no simple line from embodied experience to social identity. All identities are socially constructed to an extent; we don’t decide who we are on our own but do so in response to how other people perceive and interact with us within a rich and layered social environment. And all subjectivity has its basis in the flesh, by virtue of us being embodied creatures.
I believe it is perfectly plausible to acknowledge that different women have different bodies (whether assigned female at birth or not), and so will have qualitatively distinct experiences of being women.
Let me offer some examples, I have always been acutely aware that, because I look the way that I do, because I (appear to) have a certain body, I am treated differently to cisgender men. When I was growing up, people would sexually objectify me. This is something that I share with some, but not all cisgender women, and some, but not all transgender women. I have been harassed because I am a cisgender woman, and a trans woman is harassed because she is a trans woman. Our stories may have similarities, but they will also have distinctiveness.
Today, I spend most of my time dealing with sex-specific chronic pain and the associated medical sexism that goes with the territory. Since this type of pain (endometriosis and adenomyosis) is registered as “women’s pain” in our collective consciousness, the recognition that I am a cisgender woman is significant. It’s easy to comprehend that a transgender man would have a qualitatively distinct experience when he seeks healthcare for his endometriosis.
It is imperative to acknowledge that there are certainly some structural privileges shared by both cis men and women. Acknowledging that we are cis is the first step in owning that privilege. However, the fact remains that cis women stand in a relation of oppression and privilege in relation to cis men, which is to say that, like trans women, cis women are oppressed because of their sex-gender configuration too, whereas cis men are not.
Talking about myself as a ‘cis woman’, thinking of myself as a ‘cis woman’, keeps this rich complexity front and centre as I navigate my day-to-day life.
Owning our gender
So what are the implications of this? Must we always use a prefix (‘cis’ or ‘trans’)? Do we need to make structural or institutional changes? And should all non-trans people recognise themselves as ‘cisgender’?
We don’t always need a prefix. Say you want to compare the average earnings of women to the average earnings of men. In this instance, there is no need to distinguish between trans women and men, and cis women and men. Or, say you want to tally the members of a political party by gender; again, there is no reason to distinguish the trans members from the cis members. Whether we need a prefix is context-dependent.
Let’s say you’re filling out an admission form for an in-patient stay in hospital. Hospitals are the sorts of places where both your sex and gender identity need to be foregrounded. That form could say, “What is your gender: Man; Woman; Other” and “What was your sex-assignment at birth: Male; Female; Other”. But that form could also say: “What is your gender identity: cisgender man; cisgender woman; trans man; trans woman; other”. It doesn’t really matter, so long as the hospital can obtain the information it needs.
But do you have to identify as cis? In my experience, taking up the label in a self-recognitive way helps to decentre the view that trans people are somehow abnormal. I think that’s a good reason, especially in light of the stigma and violence confronting trans people today. I have found value in it – it helps me to understand my own struggles and reminds me not to universalise my experiences.
This article is part of our Why identity matters series.
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BY Louise Richardson-Self
Louise Richardson-Self is a Lecturer in Philosophy and Gender Studies at the University of Tasmania and an Australian Research Council Discovery Early Career Researcher Awardee (2019). Her current research focuses are the problem online hate speech, and the tension between LGBT+ non-discrimination and religious freedom. She is the author of Justifying Same-Sex Marriage: A Philosophical Investigation (2015) and her second book, Hate Speech Against Women Online: Concepts and Countermeasures is due for publication in 2021.
Survivors are talking, but what’s changing?

Survivors are talking, but what’s changing?
Opinion + AnalysisBusiness + LeadershipPolitics + Human Rights
BY Louise Richardson-Self 9 MAR 2022
At the Australia-wide March4Justice rallies in 2021, Brittany Higgins (a former Liberal Party staffer) and Grace Tame (Australian of the Year 2021) delivered speeches in Canberra and Hobart, respectively. Higgins was raped inside Parliament House. Tame is a survivor of child sex abuse. Both called for changes in Australian culture and our institutions to prevent “abuse culture” and to ensure the safety of those most vulnerable to sexual assault.
On Wednesday 9 February 2022, both women gave respective addresses at the National Press Club (NPC) in Canberra. Both criticised that too little had changed since they spoke at these rallies. (Though, the day prior to the addresses, Prime Minister Scott Morrison finally apologised to the survivors of sexual harassment and assault endured by employees in federal parliament.)
In her NPC address, Higgins explained her rationale for making her sexual assault public:
“I made my decision to speak out because the alternative was to be part of the culture of silence inside Parliament House. I spoke out because I wanted the next generation of staffers to work in a better place.”
She then lamented:
“I’m worried what too many people beyond the government and the media took out of the events of last year was that we need to be better at talking about the problem…. I’m not interested in words anymore. I want to see action.”
To clarify, the words Higgins is not interested in anymore are “weasel-words” – she is not advocating against free speech, nor rejecting the need for conversations on the prevalence of sexual abuse.
Tame and Higgins both believe we need institutional changes to address this issue. And if we are to take anything away from the NPC addresses – and we should – it is this: institutional change must be tackled actively – though not all institutions are formal; we must challenge abuse of power – though not all power is formally bestowed; and those who are in formal positions with considerable power must act effectively.
To that end, Tame explicitly identified three necessary steps that must be taken to progress social and institutional change.
- Take sexual violence seriously – this means taking proactive measures to prevent it.
- Provide adequate funding to actually implement the proactive measures we need.
- Create consistent legislative reforms. For example, sexual assault of a child should not be named “maintaining a relationship with a person under the age of 17,” which was the law Tame’s rapist contravened. All such forms of child sexual abuse should be named for what they are. Abuse.
And, according to Higgins’ response during NPC question time, a greater gender balance in Government would help immensely.
–
Tame and Higgins have told Australia exactly what we need to do – so why isn’t Australia making adequate progress? Higgins clearly believes that the LNP Government, and Prime Minister Scott Morrison in particular, could be doing more to prevent such heinous acts. She explains:
“I wanted him to use his power as Prime Minister. I wanted him to wield the weight of his office and drive change in the Party and our Parliament, and out into the country”.
In spite of Morrison’s apology, and even in light of the 28 recommendations for change in parliament workplaces following an independent review headed by the Sex Discrimination Commissioner (AKA the Jenkins’ review), Higgins perceives too little action, reminding us:
“Last year wasn’t a march for acknowledgement and it wasn’t a march for coverage. It wasn’t a march for language. It was a march for justice, and that justice demands real change.”
It is time to hold power to account.
On the matter of power, note its informal use. During her NPC address, Tame revealed that she had received “a threatening phone call from a senior member of a government funded organisation” ‘asking’ her not to say anything negative about the Prime Minister because “you are influential”. But Tame did not have the power in this exchange – the caller did.
Then there is the press, another crucial institution with an immensely powerful role to play in shaping the attitudes of the populace.
But what media seem not to care about, says Tame, is how trauma is often reinforced through powerful institutions like the press.
Since being named Australian of the year in 2021, Tame reports being: “re-victimised, commodified, objectified, sensationalised, delegitimised, gaslit, and thrown under the bus by the mainstream media.”
Strikingly, in spite of Tame’s reprimanding of the press for their re-traumatising actions, the anonymous phone call to Tame became the centre of the mainstream media’s focus of the NPC addresses – with Higgins’ contribution essentially written out of the narrative. Suddenly it was necessary and urgent to find the identity of this mystery caller and for the Prime Minister to assert intent to discover which agency was responsible (and, in so doing, delicately removing himself from the realm of complicity in this abuse of power).
Then, on 14 February, the Daily Mail ran a photo of a teenage Tame seated with what appears to be a ‘bong’ (a device for smoking marijuana). One can only presume that the decision to publicise this photo, which implicates Tame in undertaking illegal behaviour, would have the effect of tarnishing her public image. Media are supposed to report neutrally, not run smear campaigns.
On 19 February, Tame responded publicly via Twitter to all media who published “that” photo, stating:
“At every point — on the national stage, I might add — I’ve been completely transparent about all the demons I’ve battled in the aftermath of child sexual abuse; drug addiction, self-harm, anorexia and PTSD, among others. You just clearly haven’t been listening.”
She then goes on to chastise the media:
“By point-mocking a symptom of a bigger picture, you’ve reinforced the imbalance of an already skewed culture. You’ve chosen to punish the product of an evil, not the evil itself. This is precisely why survivors don’t report. Congratulations.”
Inertia and smear campaigns are just two of the ways institutions can perpetuate abuse culture, also known as ‘rape culture’.
Philosopher Claudia Card has argued that ‘rape’ (here, meaning any and all sexual assault) is a terrorist institution. Sexual violence – a social practice – is gendered. We live in a world of “social norms that create and define a distribution of power among and between members of the sexes”. This is a type of social identity power – a power that is informally maintained through our actions and our assumptions about the way the world necessarily is. Women fear what men can do to them. Terror of this kind is manipulative. And terror is a shortcut to power.
Rape is also an institution (in an informal sense) insofar as it is “a form of social activity structured by rules that define roles and positions, powers and opportunities.” Cisgender men are usually the perpetrators of sexual assault, and women and children (including male children) are usually the targets of that assault. “For the most part,” says Card, “the rules become ‘second nature’, like the rules of grammar, and those guided need not be aware of the rules as learned norms”.
While I want to emphasise that not all – nor even most – cisgender men commit sexual assaults, that cisgender men can be victims of sexual assault, and typical targets (women and children) can be perpetrators, the constancy of this type of activity – in 2018–19, the majority of sexual assault offenders recorded by police were male (97%) – leads to the impression that sexual assault (tacitly: of women and children) is inevitable.
Since there is a social practice – an open secret – of women and children being sexually abused, women become socialised to fear sexual abuse. Women live in a state of apprehension, always on alert for signals of danger. Cisgender men (who have not experienced assault) do not have to live this way.
Thus, if ‘rape’ really is an informal terrorist institution in Australia, it would follow that one of the reasons Australia is yet to meet Tame’s first requirement – to take sexual violence seriously and to take proactive measures to prevent it – is because we have not yet disregarded the assumption that sexual abuse is inevitable. People may be working on changing such tacit assumptions, but on a mass scale we are yet to shift the dial.
This leads us to Tame’s second ask: adequate funding. Help the people who are doing the re-educating, who are running shelters, who need to access specialist legal services, who are training medical professionals in sexual assault cases, increasing access to psychologists, and improving the child welfare system. The list goes on. And, in Higgins’ view, if there were more women in Parliament, this issue would be taken more seriously – even though “quotas” is a “dirty word” to the Liberal Party, she revealed in question time.
Finally, we reach Tame’s third driver of change, to which her foundation has been working: creating consistent legislative reforms wherein, for instance, there is no reference to a sexual “relationship” between an adult and a child. However, one foundation can only achieve so much – we need a more proactive approach.
–
Higgins and Tame both identified the barriers to overcoming trauma, while making suggestions on overcoming the abuse culture that has been absorbed into some of our most powerful institutions. Thus, institutions are not off the hook. They have their role to play in dispelling both rape culture and challenging the presumed inevitability of sexual abuse.
Given this, why did the media sensationalise Tame’s anonymous caller, why was Tame smeared, and why was Higgins cast out of the media spotlight? Why is the Government dragging its feet on reform? Why do people keep spreading “that” photo on social media?
One problem, it seems, is this: while Higgins and Tame were indeed given a platform from which to speak, what they said was not really ‘heard’ (that is, properly understood) by the media, by politicians, and even by the public. When one is not heard properly, one is effectively silent. Silence is exactly what Higgins was trying to escape. And yet, it seems that what is said too often makes little difference.
Being ‘effectively silenced’ does not necessarily mean that someone literally cannot speak, or that they have no platform. It means that when they speak, they are misunderstood (often wilfully). The message that should be taken from their words is not the message that media, politicians, and even the general public actually hear.
The media have acted as though that one singular instance of intimidation was the most important issue raised that day. But the point Tame was making is that there is no need to name the person nor agency because this sort of silencing tactic happens all the time to people trying to change the status quo. One must ask, are the media and LNP, even the public, purposefully missing the forest for the trees?
To fail to heed the wisdom of these women, as spokespeople for survivors, is an absolute ethical failing. They are gifting us with their situated knowledge and experience-based insights that would lead to successful reform, as well as the many insights that have been shared with them by other survivors who have sought them as confidantes. Tame literally lists what needs to happen: one, two, three. But it is clear that the press and the Parliament have not yet learnt how to actually listen to the intended overarching messages of these women – and, until they (and we ourselves) do, nothing will change.
We must pay attention and be proactive in destroying the terrorist institution of abuse culture.
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BY Louise Richardson-Self
Louise Richardson-Self is a Lecturer in Philosophy and Gender Studies at the University of Tasmania and an Australian Research Council Discovery Early Career Researcher Awardee (2019). Her current research focuses are the problem online hate speech, and the tension between LGBT+ non-discrimination and religious freedom. She is the author of Justifying Same-Sex Marriage: A Philosophical Investigation (2015) and her second book, Hate Speech Against Women Online: Concepts and Countermeasures is due for publication in 2021.
He said, she said: Investigating the Christian Porter Case

He said, she said: Investigating the Christian Porter Case
Opinion + AnalysisPolitics + Human Rights
BY Louise Richardson-Self 10 MAR 2021
On 4 March 2021 Attorney General Christian Porter identified himself as the unnamed Minister who had been accused of a 1988 rape in a letter sent to the Prime Minister and some senators.
He strenuously denies any wrongdoing and has refused to step down from his role.
ABC News reports that ‘the letter urges the Prime Minister to set up an independent parliamentary investigation into the matter’ — but should there be an investigation?
The Problem With Testimony
When it comes to accusations of sexual assault, it seems like the situation comes down to a clash of ‘testimony’ — she said, he said. But who is to be believed?
Testimony, to clarify, isn’t just any old speech act. Testimony is speech that is used as a declaration in support of a fact. “The sky is blue” is testimony; “I like strawberries” isn’t.
Generally, people are hesitant to accept testimony as good, or strong evidence for any sort of claim. This is not because testimony is always unreliable, but because we think that there are more reliable methods of attaining knowledge.
Other methods include direct experience (living through or witnessing something), material collection (looking for evidence to support the truth of a claim), or through the exercise of reason itself (for instance, by way of logic or deductive reasoning).
In this case, it seems like what would need to occur is a fact-finding mission which could add weight either to the testimony of either Porter or the alleged victim.
What is very surprising, then, is that only some people support such an investigation, while others have rejected the move as unnecessary, including Prime Minister Scott Morrison. These people deem Porter’s testimony credible. But should they?
Judging Credibility
It isn’t strange to find that people are willing to treat testimony as sufficient evidence for a claim. We often do. Testimony is used in trials. Every news report is testimony. The scientific truths we have learn from books or YouTube are testimony. You get the picture. We may think we are always sceptical of testimony, but we could hardly get by without it.
So, we do rely on testimony. Just not all testimony. When it comes to believing testimony, what we’re really doing is judging the speaker’s credibility. The question is thus: should we trust what a specific person says about a specific matter in a specific context?
The problem is that we’re actually not very good at working out which speakers are credible and which aren’t. Often we get it wrong. And sometimes we get it wrong because of implicit biases—biases about types of people, biases about institutions, and the sway of authority.
As philosopher Miranda Fricker has pointed out, when people do not receive the credibility they are due—whether because they receive too much (a credibility excess) or too little (a credibility deficit)—and the reason they do not receive it is because of such biases, then a testimonial injustice occurs.
“Being judged credible to some degree is being regarded as more credible than others, less credible than others, and equally credible as others,” explains philosopher José Medina.
In a she said, he said case, if we judge one person as credible, we’re also discrediting the other.
Fricker explains that testimonial injustice produces harms. First, there is a harm caused to the listener: because they didn’t believe testimony they should have, they failed to acquire some new knowledge, which is a kind of harm.
However, testimonial injustices also harms the speaker. When someone’s testimony is doubted without good reason, we disrespect them by doubting their ability to convey truth – which is part of what defines us as humans. This means testimonial injustices symbolically degrade us qua [as] human. Basically, to commit a testimonial injustice means we fail to treat people in a fundamentally respectful way. Instead, we treat them as less than fully human.
Is there a Credibility Deficit or Excess in Porter’s case?
Relevant to the issue of credibility attribution in the wake of a sexual assault allegations is the perception (and fear) shared by many that women lie about sexual assault.
In fact, approximately 95% of sexual assault allegations are true. This means it is highly improbable (but not impossible) that the alleged victim made a false claim.
It is not just stereotyping about lying and vindictive women that can interfere with correct credibility attribution. As Treasurer Josh Frydenberg has reminded us, Porter “is entitled to the presumption of innocence, as any citizen in this country is entitled.”
This commitment we share to presume innocence unless or until guilt is proven is a significant bulwark of our ethico-legal value system.
However, in a case of “she said, he said”, his entitlement to the presumption of innocence automatically generates the assumption that the victim is lying. Given that false rape allegations are so infrequent, the presumption of innocence unfairly undermines the credibility of the complainant almost every time.
This type of testimonial injustice may seem unavoidable because we cannot give up the presumption of innocence; it is too important. However, the insistence that Porter receive the presumption of innocence rather than insisting we believe the statistically likely allegations against him may point to another problem with the way assign credibility.
As philosopher Kate Manne has observed, particularly when it comes to allegations made by women of sexual assault by men, the accused are often received with himpathy—that is, they receive a greater outpouring of sympathy and concern over the complainants. She explains, “if someone sympathizes with the [accused] initially…he will come to figure as the victim of the story. And a victim narrative needs a villain…”
So here’s the rub.
If a great many people in a society share the view that women lie, then they tacitly see complainants as uncredible.
And if a great many people in a society feel sorry for certain men who are accused of sexual assault, then they are likely to side with the accused. In turn, those who are accused of sexual assault (usually, men) will automatically receive a credibility excess.
Is this what has happened in Porter’s case? Note that an investigation could lend credibility to either party’s claims. This is where the police would normally step in.
Didn’t the Police Investigate and Exonerate Porter?
You would be forgiven for thinking that NSW Police had conducted a thorough investigation and had cleared Porter’s name judging by the way some powerful parliamentary figures have responded to Porter’s case.
For example, in his dismissal of calls for an independent investigation, Scott Morrison said that it “would say the rule of law and our police are not competent to deal with these issues.” Likewise, Treasurer Josh Frydenberg said: “The police are the only body that are authorised to deal with such serious criminal matters.” Nationals Senator Susan MacDonald also opposed the investigation, saying: “We have a system of justice in this country [and] a police service that is well resourced and the most capable of understanding whether or not evidence needs to go to trial — and they have closed the matter.”
Case closed. This must mean that there’s no evidence and that an independent inquiry would be pointless, right?
Not quite. NSW Police stated that there was “insufficient admissible evidence” to proceed with an investigation. They did not say that there was no evidence of misconduct. Moreover, the issue for criminal proceedings is that the alleged victim did not make a formal statement before she took her own life.
In other words, the complainant’s testimony does not get to count as evidence because, technically, there is no testimony on the record.
Preventing Testimonial Injustice
Since the alleged victim had not made a formal statement to Police at the time of her death, the call for an investigation into Porter’s conduct can be seen as a means of ensuring Porter does not receive a testimonial credibility excess and the complainant a testimonial credibility deficit.
To stand by Porter’s testimony in a context where it is widely – and falsely – believed that women make false rape allegations, and where the police are seen as the only body capable of exercising an investigation (when in fact they are not), would be to commit a testimonial injustice.
As former Liberal staffer and lawyer Dhanya Mani says, “The fact that the police are not pursuing the matter for practical reasons does not preclude or prevent the Prime Minister from undertaking an inquiry into a very serious allegation… And that inquiry will either exonerate Christian Porter and prove his innocence or it will prove otherwise.”
It is important to understand that an independent investigation is not bound by the exact same evidentiary rules as are the police and courts. It may be possible for others to testify on her behalf. Other evidence which is inadmissible in court may be admissible here. An independent investigation at least offers the possibility that the complainant’s testimony will get a fair hearing.
Also worth noting is where the presumption of innocence would end. For a crime, guilt should be proved beyond a reasonable doubt. For civil cases, that standard is “on the balance of probabilities”. What standard should an independent investigation use? I would suggest the latter, precisely because testimony is likely to be all the evidence there is.
To prevent a testimonial injustice—attributing too much credibility, or too little, to someone undeserving of it—these allegations must be investigated.
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