Elliott has two scars across his chest where his breasts used to be. He has full sideburns down his gaunt cheeks, a strong chin, and sharp jawline. His voice is not deep enough to be considered baritone. At 22, he looks like a rather boyish young man. You would not mistake him for a woman, although he was born a woman. There’s a chance you might mistake him for Morrissey, which is the look he’s going for. The asexual British rocker poet has long been the patron saint of gay and androgynous youth.

Elliott’s story is one we are hearing more and more these days. About the time he hit puberty, his body started developing in a way that was incongruent to how he perceived himself. Breasts, new thatches of hair, and an emerging feminine shape pushed Elliott toward an identity that felt alien. By 16, he felt as though his body no longer belonged to him. “It was something happening to me. Like it wasn’t even a part of me.”


To say that Elliott felt like a man trapped in a woman’s body or that he was repelled by his own private parts, as the typical definition of a transsexual would have you presume, would be inaccurate. Elliott didn’t want to escape one sex role to embrace another, but he did have a desire to feel “more manly.” Disoriented and nervous about what was happening to him, he told his parents that he thought he was, perhaps, maybe, “bisexual?” But as time went on Elliott found that his feelings had less to do with which sex he was attracted to and more to do with which sex he wanted to be. In fact, for his age, Elliott thought very little about sex. He had somewhat resigned himself to a life of solitude, as lonely teenagers are wont to do. As Morrissey sings, “You don’t have to tell me … I know I’m unlovable.”

His junior year of high school, Elliott found out about hormonal replacement therapy. Once he turned 18 he would be eligible to receive testosterone injections without parental consent and eventually his body would take on more masculine characteristics, including facial hair, a broader brow, deeper voice, and decreased breast size. To get the treatment, however, Elliott would have to undergo 15 sessions with a psychologist to prove that his biological sex caused him enough distress that it merited reassignment. That psychologist would then give him a letter addressed to a physician certifying that Elliott suffered from gender- identity disorder.

Elliott never believed he had a “disorder,” so he feared he would give the wrong answers, or not display enough distress. “It was all so ridiculous,” he tells me. “I was contemptuous of the whole thing. I basically had to keep meeting with this psychology grad student who handed me a fifty-question checklist on our first session. You can look up symptoms online to make sure you get your diagnosis letter, so I made sure I did that.” One thing trans-themed forums and blogs recommend is journaling about a “real life experience” to show a therapist. According to the “standards of care” put out by the World Professional Association for Transgender Health for the medical and psychiatric community, it’s recommended that prior to hormone therapy, the patient has a “documented experience” dressed as the gender he or she desires to be. This ultimately means going in drag to work, school, or among family to confront possible anxieties that come with a new gender and face “external consequences.”

Though the process frustrated Elliott, he did not want to buy hormones on the black market (which you can also do online) and self-administer, so he stuck with it, hoping for a positive diagnosis. Which is to say, he was hoping to be declared mentally ill—at least according to the Diagnostic and Statistical Manual of Mental Disorders (DSM), the standardized criteria written by the American Psychiatric Association and used by clinicians, psychia- trists, and psychologists to diagnose their patients. The DSM lists gender-identity disorder (GID) as a certifiable mental illness. A patient, like Elliott, exhibits not only the desire to become another gender but also demonstrates “relationship difficulties” because of the distress he or she feels about being the wrong one.

However, all that could change.

Since it was initially published in 1952, the DSM has undergone only four major revisions, and with each new edition there comes, rightfully, a great deal of controversy and advocacy, in and around the mental-health field. After all, the DSM is the book that separates the sane from the pathological, the neurotics from the normals. The slightest shift in sentence structure can cause major reverberations across the fields of medicine, biology, and pharmacology. When DSM-IV broadened the definition of bipolar disorder in 1994, there was a huge rise in prescriptions for “mood stabilizing” drugs that, prior to the change, were usually only recommended for people who suffered from convulsions or psychosis.

In certain cases, like, say, homosexuality, revising the DSM can have a vast social impact. The first two editions of the DSM classified homosexuality as a sexual disorder right along pedophilia and rubbing against strangers in public. It wasn’t until 1980
that homosexuality was removed entirely from the DSM, a move to which many activists, scholars, and clinicians attribute the destigmatization of homosexuality in American culture.

So when it was announced last year that the newest version of the DSM, to be published in 2013, would make significant revisions to the GID diagnosis, swaths of activists inside and out of the psychiatric establishment saw an opportunity to have the diagnosis removed altogether. They argue that the diagnosis further isolates transgender individuals, who are already a highly vulnerable and ostracized group.

The DSM work group assigned to gender identity disorder, a panel of specialized field experts, has already bowed to some external pressures. It has made clear that it intends to change the name of the diagnosis from “disorder” to “dysphoria”—which describes a passing mood rather than a fixed state. The work group has also made public its plans to not only preserve the core GID diagnosis, but to retain an even more controversial entry: GID in children.

* * *

Those who are in favor of keeping gender identity disorder in the DSM have two main arguments. The first is a clinical utility argument: If a person, especially a child, is distressed, suicidal, or self-harming because he or she feels incongruent with his or her gender, GID offers a diagnosis and path for treatment.

Robert Spitzer, the architect of DSM-III (the edition that removed homosexuality), acknowledged the fundamental question the term “disorder” dredges up.

“The concept of disorder is man-made,” Spitzer wrote in 1981. “Over the course of time, all cultures have evolved concepts of illness or disease in order to identify certain conditions that, because of their negative consequences, implicitly have a call to action” to caretakers, to the person with the condition, and to society. Spitzer concluded, “The advantage of identifying such conditions is that it makes it easier for individuals with those conditions to receive care that may be helpful to them.”

The second argument in favor of keeping GID in the diagnostic manual is where things get ethically murky. The removal of the diagnosis may also remove insurance coverage for transsexual adults who are being treated with hormonal or surgical reassignment. As of now, a diagnosis of mental illness is the only mechanism that transsexuals have for medical insurance to cover mastectomies, testosterone injections, and genital reconstruction surgeries (though very few insurance companies cover any sort of gender reassignment, because it is most often considered “cosmetic”).

Megan Smith, a Nebraska-based psychotherapist and an advocate for the removal of GID from the DSM, claims that the insurance argument is the one she most often encounters. Smith believes keeping the diagnosis for the sake of insurance coverage is “unethical and unscientific.” Smith argues, “I don’t believe it’s our obligation as mental health professionals to change psychiatric evaluations in order to play ball with insurance companies.”

When it comes to the issue of distress in children, the proposed revisions put the burden of proof on the parents. In the current proposal the work group includes a questionnaire to be completed by parents about their young sons:

Over the past six months, how intense was your son’s avoidance of rough-and-tumble play?

Over the past six months, how intense was your son’s dislike of his sexual anatomy (e.g., that he dislikes or hates his penis or testes)?

Over the past six months, how intense was your son’s desire for the sexual anatomy of a girl (e.g., sits to urinate, pretends to have breasts, would like to have a vagina)?

Or their young daughters:

Over the past six months, how intense was your daughter’s preference for the toys, games, and activities typical of boys?

Over the past six months, how intense was your daughter’s preference for boy playmates?

Over the past six months, how intense was your daughter’s desire for the sexual anatomy of a boy (e.g., that she would like to have a penis or to grow one; stands to urinate)?

For the activists opposed to keeping the diagnosis in the DSM-V, like Smith, this brings up a fairly obvious question: Whose distress are you treating—the child’s or the parents’? When Smith worked for a non-profit that served the homeless in Omaha, she encountered several transgender teens who had been cast out by their families. “Childhood is a time for people to explore their genders,” she says. “Much of the distress I see in my young patients isn’t from wanting to be another gender, it’s the anxiety of having to become a total outsider.”

The DSM does not allow much, if any, gender ambiguity—the word “transgender” appears nowhere in the current DSM or in any of its proposed revisions. “A lot of people I’ve spoken with don’t identify as either male or female,” says Smith. “They see themselves as gender queer, or atypical gender, or just plain trans,” never completely going over to one sex or the other.

The most nefarious outcome of GID remaining in the DSM, activists believe, will be the introduction of “reparative treatment” given by psychiatrists to transgender children, adolescents, and adults. Though condemned by the American Psychiatric Association in 1998, reparative or conversion therapy aims to cure homosexuality (there usually exists a moral or religious component to this sort of faux treatment). The APA spoke out against reparative treat- ment because it operated on the assumption “that homosexuality is a mental illness.” As long as gender-identity disorder remains in the DSM, the LGBT community will worry that society will view transgender people as in need of “fixing.”

However, Jack Dresher, a New York–based psychiatrist and a member of the 13-person Sexual and Gender Identity Disorder Work Group for DSM-V, wrote in a recent paper that no one in the work group condones “fixing” trans teens or gay teens. Psychiatry has historically conflated sexual orientation with sexual identity, he writes, but the work group rightfully distinguishes these into separate categories.

While Dresher acknowledges the parallels between the efforts of the gay-rights movement and the trans community to normalize their presence in society at large, he believes that acceptance of queer-identified individuals is progressing rapidly and would not be offset by GID staying on the books. Though he admits there would undoubtedly be some stigma for those diagnosed—as there is for individuals diagnosed with bipolar disorder or major depression—he thinks keeping the diagnosis for people who have distress about their bodies and identities “would be a less harmful choice.”

Dresher ultimately recommends adoption of less “stigmatizing language towards gender variant individuals” and a narrower definition of GID children to include just those suffering distress about their anatomy.

* * *

When Emmie told her parents that she was transgender at age 14, there were all kinds of details to work out. Not only would Emmie, who now goes by Jesse, need to change her documented sex at her private school, she would also need to figure out where she was going to change for P.E. and which school bathrooms she was allowed to use. Now 16, Jesse is identified as a boy by his school and peers. To minimize confusion for the other students, Jesse uses the nongen- der faculty bathrooms, changes in a separate room, and was asked by the administration to not wear a skirt, which would be now
be considered “drag.”

“The skirt thing was kinda funny because if you ask me, I don’t believe in a gender binary,” Jesse tells me on the phone after I contact him via the Transgender Student Rights Facebook page he runs. “I think of gender as more of a spectrum,” he tells me in a high-pitched voice that absolutely betrays his biological sex.

Before Jesse came out as transgender, he was in therapy four days a week because of his tumultuous childhood. When Jesse was 9 years old his mother died from anorexia and his father agreed to have the couple’s best friends adopt Jesse. After Jesse came out to his adoptive parents, they told his biological father. Jesse and his dad went to lunch, where his father showed him pictures of himself dressed like a woman. He told Jesse that from time to time he enjoys dressing up in drag, so there was nothing for him to feel ashamed about.

“My dad told me he always thought I’d be a weirdo because I came from such an eccentric family,” Jesse giggles.

When I ask how he feels about the possibility that under the DSM proposals he technically could be classified as mentally ill, Jesse laughs it off. “I think everyone could benefit from therapy, so while I would like to see the diagnosis totally gone from the DSM, because, like I said, I don’t believe in a gender binary, I don’t think therapists are the enemy.”

Jesse hasn’t decided whether he wants to go on hormone treatments once he turns 18. “I might want to have a kid one day and I don’t want to mess with that possibility right now.” Though, he admits, it would be nice to take his voice down to a lower pitch. “I might get top surgery [double mastectomy],” Jesse muses, but still isn’t sure. “You know, there are some days I wish my boobs would go away; there are other days where I kinda like them.”

  • In America’s sandwiches, the story of a nation
    Photo credit: Anna_PustynnikovaA tasty sandwich
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    In America’s sandwiches, the story of a nation

    A nation’s story, stacked between slices.

    Everyone has a favorite sandwich, often prepared to an exacting degree of specification: Turkey or ham? Grilled or toasted? Mayo or mustard? White or whole wheat?

    We reached out to five food historians and asked them to tell the story of a sandwich of their choosing. The responses included staples like peanut butter and jelly, as well as regional fare like New England’s chow mein sandwich.

    Together, they show how the sandwiches we eat (or used to eat) do more than fill us up during our lunch breaks. In their stories are themes of immigration and globalization, of class and gender, and of resourcefulness and creativity.


    A taste of home for working women

    Megan Elias, Boston University

    The tuna salad sandwich originated from an impulse to conserve, only to become a symbol of excess.

    In the 19th century – before the era of supermarkets and cheap groceries – most Americans avoided wasting food. Scraps of chicken, ham or fish from supper would be mixed with mayonnaise and served on lettuce for lunch. Leftovers of celery, pickles and olives – served as supper “relishes” – would also be folded into the mix.

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    The versions of these salads that incorporated fish tended to use salmon, white fish or trout. Most Americans didn’t cook (or even know of) tuna.

    Around the end of the 19th century, middle-class women began to spend more time in public, patronizing department stores, lectures and museums. Since social conventions kept these women out of the saloons where men ate, lunch restaurants opened up to cater to this new clientele. They offered women exactly the kind of foods they had served each other at home: salads. While salads made at home often were composed of leftovers, those at lunch restaurants were made from scratch. Fish and shellfish salads were typical fare.

    A 1949 ad in Ladies’ Home Journal announces a ‘Revolution in Tuna.'
    A 1949 ad in Ladies’ Home Journal announces a ‘Revolution in Tuna.’ Internet Archive Book Images

    When further social and economic changes brought women into the public as office and department store workers, they found fish salads waiting for them at the affordable lunch counters patronized by busy urban workers. Unlike the ladies’ lunch, the office lunch hour had time limits. So lunch counters came up with the idea of offering the salads between two pieces of bread, which sped up table turnover and encouraged patrons to get lunch to go.

    When canned tuna was introduced in the early 20th century, lunch counters and home cooks could skip the step of cooking a fish and go straight to the salad. But there was downside: The immense popularity of canned tuna led to the growth of a global industry that has severely depleted stocks and led to the unintended slaughter of millions of dolphins. A clever way to use dinner scraps has become a global crisis of conscience and capitalism.

    I like mine on toasted rye.


    East meets West in Fall River, Massachusetts

    Imogene Lim, Vancouver Island University

    “Gonna get a big dish of beef chow mein,” Warren Zevon sings in his 1978 hit “Werewolves of London,” a nod to the popular Chinese stir-fried noodle dish.

    During that same decade, Alika and the Happy Samoans, the house band for a Chinese restaurant in Fall River, Massachusetts, also paid tribute to chow mein with a song titled “Chow Mein Sandwich.”

    Chow mein in a sandwich? Is that a real thing?

    I was first introduced to the chow mein sandwich while completing my doctorate at Brown University. Even as the child of a Chinatown restaurateur from Vancouver, I viewed the sandwich as something of a mystery. It led to a post-doctoral fellowship and a paper about Chinese entrepreneurship in New England.

    The chow mein sandwich is the quintessential “East meets West” food, and it’s largely associated with New England’s Chinese restaurants – specifically, those of Fall River, a city crowded with textile mills near the Rhode Island border.

    The sandwich became popular in the 1920s because it was filling and cheap: Workers munched on them in factory canteens, while their kids ate them for lunch in the parish schools, especially on meatless Fridays. It would go on to be available at some “five and dime” lunch counters, like Kresge’s and Woolworth – and even at Nathan’s in Coney Island.

    Fall River’s famous chow mein sandwich.
    Fall River’s famous chow mein sandwich. Roadfood

    It’s exactly what it sounds like: a sandwich filled with chow mein (deep-fried, flat noodles, topped with a ladle of brown gravy, onions, celery and bean sprouts). If you want to make your own authentic sandwich at home, I recommend using Hoo Mee Chow Mein Mix, which is still made in Fall River. It can be served in a bun (à la sloppy joe) or between sliced white bread, much like a hot turkey sandwich with gravy. The classic meal includes the sandwich, french fries and orange soda.

    For those who grew up in the Fall River area, the chow mein sandwich is a reminder of home. Just ask famous chef (and Fall River native) Emeril Lagasse, who came up with his own “Fall River chow mein” recipe.

    And at one time, Fall River expats living in Los Angeles would hold a “Fall River Day.”

    On the menu? Chow mein sandwiches, of course.


    A snack for the elites

    Paul Freedman, Yale University

    Unlike many American food trends of the 1890s, such as the Waldorf salad and chafing dishes, the club sandwich has endured, immune to obsolescence.

    The sandwich originated in the country’s stuffy gentlemen’s clubs, which are known – to this day – for a conservatism that includes loyalty to outdated cuisine. (The Wilmington Club in Delaware continues to serve terrapin, while the Philadelphia Club’s specialties include veal and ham pie.) So the club sandwich’s spread to the rest of the population, along with its lasting popularity, is a testament to its inventiveness and appeal.

    A two-layer affair, the club sandwich calls for three pieces of toasted bread spread with mayonnaise and filled with chicken or turkey, bacon, lettuce and tomato. Usually the sandwich is cut into two triangles and held together with a toothpick stuck in each half.

    Some believe it should be eaten with a fork and knife, and its blend of elegance and blandness make the club sandwich a permanent feature of country and city club cuisine.

    The club sandwich: A perfect blend of elegance and blandness.
    The club sandwich: A perfect blend of elegance and blandness. Alena Haurylik

    As far back as 1889, there are references to a Union Club sandwich of turkey or ham on toast. The Saratoga Club-House offered a club sandwich on its menu beginning in 1894.

    Interestingly, until the 1920s, sandwiches were identified with ladies’ lunch places that served “dainty” food. The first club sandwich recipe comes from an 1899 book of “salads, sandwiches and chafing-dish dainties,” and its most famous proponent was Wallis Simpson, the American woman whom Edward VIII abdicated the throne of Great Britain to marry.

    Nonetheless, an 1889 article from the New York Sun entitled “An Appetizing Sandwich: A Dainty Treat That Has Made a New York Chef Popular” describes the Union Club sandwich as appropriate for a post-theater supper, or something light to be eaten before a nightcap. This was one type of sandwich that men could indulge in, the article seemed to be saying – as long as it wasn’t eaten for lunch.

    New York City’s Union Club served an early version of the club sandwich that was a hit.
    New York City’s Union Club served an early version of the club sandwich that was a hit. GryffindorCC BY-SA

    ‘The combination is delicious and original’

    Ken Albala, University of the Pacific

    While the peanut butter and jelly sandwich eventually became a staple of elementary school cafeterias, it actually has upper-crust origins.

    In the late-19th century, at elegant ladies’ luncheons, a popular snack was small, crustless tea sandwiches with butter and cucumber, cold cuts or cheese. Around this time, health food advocates like John Harvey Kellogg started promoting peanut products as a replacement for animal-based foods (butter included). So for a vegetarian option at these luncheons, peanut butter simply replaced regular butter.

    One of the earliest known recipes that suggested including jelly with peanut butter appeared in a 1901 issue of the Boston Cooking School Magazine.

    “For variety,” author Julia Davis Chandler wrote, “some day try making little sandwiches, or bread fingers, of three very thin layers of bread and two of filling, one of peanut paste, whatever brand you prefer, and currant or crabapple jelly for the other. The combination is delicious, and so far as I know original.”

    The sandwich moved from garden parties to lunchboxes in the 1920s, when peanut butter started to be mass produced with hydrogenated vegetable oil and sugar. Marketers of the Skippy brand targeted children as a potential new audience, and thus the association with school lunches was forged.

    The classic version of the sandwich is made with soft, sliced white bread, creamy or chunky peanut butter and jelly. Outside of the United States, the peanut butter and jelly sandwich is rare  – much of the world views the combination as repulsive.

    These days, many try to avoid white bread and hydrogenated fats. Nonetheless, the sandwich has a nostalgic appeal for many Americans, and recipes for high-end versions – with freshly ground peanuts, artisanal bread or unusual jams – now circulate on the web.


    The Daughters of the Confederacy get creative

    Andrew P. Haley, University of Southern Mississippi

    The Scotch woodcock is probably not Scottish. It’s arguably not even a sandwich. A favorite of Oxford students and members of Parliament until the mid-20th century, the dish is generally prepared by layering anchovy paste and eggs on toast.

    Like its cheesier cousin, the Welsh rabbit (better known as rarebit), its name is fanciful. Perhaps there was something about the name, if not the ingredients, that sparked the imagination of Miss Frances Lusk of Jackson, Mississippi.

    The United Daughters of the Confederacy cookbook features a take on the Scotch woodcock.
    The United Daughters of the Confederacy cookbook features a take on the Scotch woodcock. McCain Library and Archives, The University of Southern MississippiCC BY-SA

    Inspired to add a little British sophistication to her entertaining, she crafted her own version of the Scotch woodcock for a 1911 United Daughters of the Confederacy fundraising cookbook. Miss Lusk’s woodcock sandwich mixed strained tomatoes and melted cheese, added raw eggs, and slathered the paste between layers of bread (or biscuits).

    As food historian Bee Wilson argues in her history of the sandwich, American sandwiches distinguished themselves from their British counterparts by the scale of their ambition. Imitating the rising skylines of American cities, many were towering affairs that celebrated abundance.

    But those sandwiches were the sandwiches of urban lunchrooms and, later, diners. In the homes of southern clubwomen, the sandwich was a way to marry British sophistication to American creativity.

    For example, the United Daughters of the Confederacy cookbook included “sweetbread sandwiches,” made by heating canned offal (animal trimmings) and slathering the mashed mixture between two pieces of toast. There’s also a “green pepper sandwich,” crafted from “very thin” slices of bread and “very thin” slices of green pepper.

    Such creative combinations weren’t limited to the elites of Mississippi’s capital city. In the plantation homes of the Mississippi Delta, members of the Coahoma Woman’s Club served sandwiches of English walnuts, black walnuts and stuffed olives ground into a colorful paste. They also assembled “Friendship Sandwiches” from grated cucumbers, onions, celery and green peppers mixed with cottage cheese and mayonnaise. Meanwhile, the industrial elite of Laurel, Mississippi, served mashed bacon and eggs sandwiches and creamed sardine sandwiches.

    Not all of these amalgamations were capped by a slice of bread, so purists might balk at calling them sandwiches. But these ladies did – and they proudly tied up their original creations with ribbons.

    This article originally appeared on The Conversation. You can read it here.

  • Every dog has its day, but it’s not the Fourth of July
    Photo credit: Leigh Prather/Shutterstock.comDogs often react with great fear to July 4th celebrations. Border collies such as this dog are especially sensitive to loud noises.
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    Every dog has its day, but it’s not the Fourth of July

    How to protect anxious pups from holiday booms.

    The Fourth of July can be a miserable day for dogs. The fireworks make scaredy-cats out of many canines.

    That’s because dogs, like humans, are hardwired to be afraid of sudden, loud noises. It is what keeps them safe. Some dogs, though, take that fear to the extreme with panting, howling, pacing, whining, hiding, trembling and even self-injury or escape. And, unlike humans, they don’t know that the fanfare on the Fourth is not a threat. Dogs hear the fireworks and process it as if their world is under siege.

    How a dog responds to noises may be influenced by breed, with German shepherd dogs more likely to pace, while border collies or Australian cattle dogs are more likely to show their fear by hiding.

    While we veterinarians don’t know exactly why some dogs are afraid of fireworks and others not, many dogs that react to one noise often react to others. Therefore, early intervention and treatment are essential in protecting the welfare of these terrified dogs. Here’s how you can protect your dog from fireworks.

    • Take your pet to the vet. If your dog is afraid of fireworks, the first step is to have your veterinarian evaluate him or her, especially if your dog’s noise sensitivity is relatively new. One 2018 study found a link between pain and noise sensitivities in older dogs, indicating that muscle tension or sudden movements in response to a loud noise may aggravate a tender area on the body and thus create an association between the loud noise and pain, causing fear of that particular noise to develop or escalate.
    • Create a “safe haven” in your home with a secure door or gate, preferably away from outside windows or doors. Close the blinds or curtains to reduce outside noises, and play some classical music to help reduce stress by creating a relaxing environment for your dog during the show. A white noise machine or box fan may also help reduce anxiety, along with a pheromone like Adaptil sprayed on bedding, a bandanna, a collar or from a diffuser plugged into the wall.
    • Consider noise-canceling headphones such as Mutt Muffs to muffle the sounds and further reduce noise sensitivities.
    • Find a food your pet will love. This could be cut pieces of boiled chicken or squeeze cheese. Sit with your pet and feed him with each boom. You can also use a long-lasting food-dispensing or puzzle toy to release food continuously during the show. This is to help your dog make a positive association with the noises for the future.
    • Consider anxiety wraps, fabric wraps that exert a gentle pressure on your dog’s body. These may help to lower heart rate and other clinical signs of fear and anxiety, operating on the belief that they swaddle a scared animal and thus calm its fears. These work best, however, in conjunction with a complete behavior treatment plan including medication or behavior modification, or both.
    • When it comes to comforting your dog, the jury is still out. It is difficult, however, to reinforce an emotional response with comfort. Therefore, it is OK to pet your dog when frightened by a noise event so long as the dog appears to be comforted and not more distressed by the attention.

    This article originally appeared on The Conversation. You can read it here.

  • Who owns the beach? It depends on state law and tide lines
    Photo credit: Normanack/Flickr, CC BYIf you want to stroll the shoreline, know your rights.
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    Who owns the beach? It depends on state law and tide lines

    Public access shifts with tides and state law.

    As Americans flock to beaches this summer, their toes are sinking into some of the most hotly contested real estate in the United States.

    It wasn’t always this way. Through the mid-20th century, when the U.S. population was smaller and the coast was still something of a frontier in many states, laissez-faire and absentee coastal landowners tolerated people crossing their beachfront property. Now, however, the coast has filled up. Property owners are much more inclined to seek to exclude an ever-growing population of beachgoers seeking access to less and less beach.

    On most U.S. shorelines, the public has a time-honored right to “lateral” access. This means that people can move down the beach along the wet sand between high and low tide – a zone that usually is publicly owned. Waterfront property owners’ control typically stops at the high tide line or, in a very few cases, the low tide line.

    But as climate change raises sea levels, property owners are trying to harden their shorelines with sea walls and other types of armoring, squeezing the sandy beach and the public into a shrinking and diminished space.

    As director of the Conservation Clinic at the University of Florida College of Law and the Florida Sea Grant Legal Program, and as someone who grew up with sand between my toes, I have studied beach law and policy for most of my career. In my view, the collision between rising seas and coastal development – known as “coastal squeeze” – now represents an existential threat to beaches, and to the public’s ability to reach them.

    The beach as a public trust

    Beachfront property law has evolved from ideas that date back to ancient Rome. Romans regarded the beach as “public dominion,” captured in an oft-cited quote from Roman law: “By the law of nature these things are common to all mankind; the air, running water, the sea and consequently the shores of the sea.”

    Judges in medieval England evolved this idea into the legal theory known as the “public trust doctrine” – the idea that certain resources should be preserved for all to use. The U.S. inherited this concept.

    Most states place the boundary between public and private property at the mean high tide line, an average tide over an astronomical epoch of 19 years. This means that at some point in the daily tidal cycle there is usually a public beach to walk along, albeit a wet and sometimes narrow one. In states such as Maine that set the boundary at mean low tide, you have to be willing to wade.

    Sign directs beachgoers to walk along the water's edge.
    A sign marks the demarcation between public beach and private property in Santa Rosa Beach, Florida. AP Photo/Brendan Farrington

    Everybody in!

    Early beach access laws in coastal states were largely designed to ensure that workaday activities such as fishing and gathering seaweed for fertilizer could occur, regardless of who owned the beach frontage. Increasingly, however, public recreation became the main use of beaches, and state laws evolved to recognize this shift.

    For example, in 1984 the New Jersey Supreme Court extended the reach of the Public Trust Doctrine beyond the tide line to include recreational use of the dry sandy beach. In a pioneering move, Texas codified its common law in 1959 by enacting the Open Beaches Act, which provides that the sandy beach up to the line of vegetation is subject to an easement in favor of the public.

    Moreover, Texas allows this easement to “roll” as the shoreline migrates inland, which is increasingly likely in an era of rising seas. Recent litigation and amendments to the act have somewhat modified its application, but the basic principle of public rights in privately owned dry sand beach still applies.

    Most states that give the public dry sand access on otherwise private property do so under a legal principle known as customary use rights. These rights evolved in feudal England to grant landless villagers access to the lord of the manor’s lands for civic activities that had been conducted since “time immemorial,” such as ritual maypole dancing.

    Oregon’s Supreme Court led the way in judicially applying customary use rights to beaches in 1969, declaring all the state’s dry sand beaches open to the public. Florida followed suit in 1974, but its Supreme Court decision has since been interpreted to apply on a parcel-by-parcel basis.

    Like Texas, North CarolinaHawaii and the U.S. Virgin Islands all have enacted legislation that recognizes customary use of the sandy beach, and courts have upheld the laws.

    Sand wars in Florida

    Florida has more sandy beaches than any other state, a year-round climate to enjoy them, and a seemingly unbounded appetite for growth, all of which makes beach access a chronic flashpoint.

    Along Florida’s Panhandle, pitched battles have erupted since 2016, with beachfront property owners and private resorts asserting their private property rights over the dry sandy beach and calling sheriffs to evict locals. When beachgoers responded by asserting their customary use rights, Walton County – no liberal bastion – backed them up, passing the local equivalent of a customary use law.

    Florida’s Legislature stepped in and took away the local right to pass customary use laws, except according to a complicated legal process that only a few local governments have initiated. Critics argue that the law has made it harder for communities to establish lateral public access to beaches and has done little to resolve the ongoing disputes.

    What about just adding sand?

    Erosion is both an enemy and a potential savior of beach access. As rising seas erode beaches, pressure to harden shorelines grows. But armoring shorelines may actually increase erosion by interfering with the natural sand supply. Adding more sea walls thus makes it increasingly likely that in many developed areas the dry sand beach will all but disappear. And what once was the public wet sand beach – the area between mean high and low tide – will become two horizontal lines on a vertical sea wall.

    House fronted by sea wall extending into the ocean.
    The sea wall around this Florida Panhandle beach house blocks public movement along the shore. Thomas Ankersen, CC BY-ND

    One alternative is adding more sand. Congress authorizes and funds the U.S. Army Corps of Engineers to restore beaches with sand pumped from offshore or trucked from ancient inland dunes. States must typically match these funds, and beachfront property owners occasionally collectively pitch in.

    But federal regulations require communities that receive these funds to ensure there is adequate access to nourished beaches from the street, including parking. And new beaches built from submerged shorelines must be maintained for public access until rising seas submerge them again.

    This requirement, along with more arcane property rights issues, led landowners in Florida’s Walton County to fight a beach nourishment project that would have protected their property from erosion. They took the case to the U.S. Supreme Court and lost.

    Beach nourishment, too, is a temporary solution. Good-quality, readily accessible offshore sand supplies are already depleted in some areas. And accelerating sea level rise may outpace readily available sand at some point in the future. Squeezed between condos and coral reefs, South Florida beaches are especially at risk, leading to some desperate proposals – including the idea of grinding up glass to create beach sand.

    This article originally appeared on The Conversation. You can read it here.

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