
There are two competing claims in the debate on transgender issues. The first is the historical norm of Western culture: one’s gender should be considered the same as one’s objective biological sex. The second is the core assertion of the transgender movement: a person’s gender should be viewed by others and by the law as a matter of subjective identity. Both claims are defensible, but both cannot be right. I will refer to these two views as the objective and subjective views even though I admit these terms are problematic. My conclusion (spoiler alert) is that both views should be respected, since (among other reasons) there is no possibility of any public proof that either is right or wrong.
The clearest thinkers on both sides of the debate acknowledge a valid distinction between (1) the mere fact of biological differences between males and females and (2) the things that culture and psychology do with the concepts of “male” and “female.” This culturally and psychologically generated construct has come to be distinguished from biological sex and called “gender,” though the terms are still often used synonymously. Acknowledging this theoretical distinction, the practical issue of what to do about the possibility that an individual’s gender identity may differ from the individual’s biological sex remains entirely unresolved.