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The Law Why We Should or Shouldnt

Rather: The Law Why We Should or Shouldnt

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The Law Why We Should or Shouldnt

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Transracial identification undermines collective reckoning with that injustice. Robin DembroffDee Payton. But these words were not only a revelation; they also were a demand.

The Law Why We Should or Shouldnt

Most obviously, they demanded that others call Jenner by a new name. But even more importantly, they demanded that others recognize Jenner as having a certain identity: woman.

The Law Why We Should or Shouldnt

Reactions to this demand were predictable. Not everyone agreed. In fact, some disagreed with notable incivility.

The Law Why We Should or Shouldnt

Walsh was joined by a small group of feminists, including Germaine Greer and Elinor Burkett. In response, Diallo said that despite her lack of Black ancestry, she genuinely self-identified as Black. Public reactions to Dolezal were swift, and in many ways they mirrored reactions to Jenner. Samuel and Millner were joined by thousands of articles and social media posts calling out Dolezal as a white woman pretending to be Black.

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Most reactions to Dolezal—and more recently, to former George Washington University professor Jessica Krug—manifested the very same assumption taken for granted in reactions to Jenner. Once again, most people assumed that a claimed identity should be recognized when and only when someone really is what they claim to be. We leave space for unique circumstances in which someone who has deeply invested in a Black community and been forthcoming about their racial history is nevertheless accepted within that community as Black. In other words, we think that transgender women and men should be recognized and treated as women and men respectivelybut that persons should not be recognized and treated as Black solely on the basis of self-identification.]

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