Kulturkampf

[benji]

The intentional misgendering of students constitutes “verbal bullying.” Of course, sincere questions about an individual’s preferred pronouns, civil discussions about transgender issues, and accidental misgendering are considered neither harassment nor derogatory. See Jessica A. Clarke, They, Them, and Theirs, 132 HARV. L. REV. 894, 958 (2019); see also Waldman, supra, at 497. But using pronouns contrary to an individual’s preferences intentionally (or repeatedly) poses a different issue. It evinces disrespect for the individual. It plays into stereotypes. It lacks basis in scientific reality. And it is deeply harmful, “inflict[ing] measurable psychological and physiological harms.” Chan Tov McNamarah, Misgendering as Misconduct, 68 UCLA L. REV. DISCOURSE 40, 43 (2020) (collecting literature on the harms caused by misgendering transgender individuals). Intentional misgendering has the effect of creating a hostile environment for transgender students on account of their gender identity and thereby causes a substantial disruption.