Conversations where an individual is referred to by their correct name and pronouns that align with their gender identity are universally acknowledged as an essential and fundamental part of affirming one’s gender. A national university hosted a panel discussion on the rights of sexual minorities in India, inviting speakers with diverse views and insights on the topic. The discussions, though generally civil, saw some disagreement. A college group advocating for sexual minorities took issue with a speaker who warned against the practice of sexual minorities identifying themselves and the broad use of pronouns. This led the group to contact the media, and the situation quickly escalated into a national debate on various news outlets and social media platforms. The college group called for the speaker to apologize for his stance and to issue a public statement on the matter. However, the speaker appeared indifferent to the controversy. Meanwhile, the university is facing significant pressure to address the issue. The Vice Chancellor has established a Committee to investigate and find a peaceful solution to the problem. You have been appointed as the Chairperson of this Committee.
In response, address the following questions:
(a) Explore the ethical considerations at play in this situation.
(b) Considering the importance of freedom of speech and expression, outline your strategy to resolve the issue and present arguments in favor of your approach.
Answer: Gender affirmation refers to an interpersonal process whereby a person receives social recognition and support for their gender identity and expression. The term has gained wider significance owing to its increased use to specifically describe the process whereby individuals affirm their gender through social, legal, and/or medical pathways. The present case relates to gender affirmation of sexual minorities as well as its intersection with fundamental rights of speech and expression guaranteed by the Constitution.
(a) The case presents various moral issues across different stakeholders as can be delineated below:
(b) In the aforementioned case, the controversy that emanated from a debate has taken viral proportions. As the Chairperson of the Committee to look into the matter and its peaceful resolution, I would take the following steps to resolve the issue:
The past few years have witnessed a landmark re-emergence of gender diversity in public life and a surge in mainstream media representation. Sexual minorities are standing on decades of activism and increasingly bringing themselves to workplaces, schools, and other public places. It is therefore necessary to ensure them of their rights. However, progress in the society hinges upon the fundamental rights of citizens to free speech and expression. There needs to be a careful balancing of the two for greater societal development and progress.
(a) Ethical considerations in this dilemma include whether to give precedence to dignity of gender preference over freedom of expression, a balance between personal identity and expression vis-à-vis the right to disagree. One has the right to affirm his gender by using the appropriate names and pronouns that will redound to the benefit and his dignity. The speaker, on the other hand, has a right to express his opposing position. In a quest for a compromise between the two mutual but conflicting values, the university has to find its way to uphold the rights of sexual minorities in their recognition and respect, on one hand, at the same time protecting academic freedom and open discourse.
(b) Being a Chairperson, my attitude toward this conflict would be one of dialogue and understanding. I shall call for a mediated discussion between the two parties, ensuring it is respectful and secure. Noting that the use of correct pronouns and names should be a basic respect, I shall kindly ask the speaker to learn how the words he speaks are impacting the sexual minority community. At the same time, I would try to highlight the commitment of the university to free speech, calling attention to the fact that everyone has the right to express his opinions but at the same time, it is necessary to have in mind the consequences of the expressions one makes. Publicly, the university would issue a statement that supports both rights of the sexual minorities and principles of free speech in a balancing act to foster respectful and inclusive dialogue.