Kenji Yoshino

Things Kenji Says on Podcasts

Where to Find Them

Kenji Yoshino writes The.Ink . They have also been a guest on Hidden Brain (3 times) , The Lawfare Podcast , The Lawfare Podcast: Patreon Edition and Scaling Laws . They also write for Kenji Yoshino on Substack.

Recently: “Dropping the Mask” on Hidden Brain (November 2026); “Is Meta's Oversight Board a Model for AI Governance” on Scaling Laws (September 2026); “Scaling Laws: Is Meta's Oversight Board a Model for AI Governance?” on The Lawfare Podcast (August 2026); “Scaling Laws: Is Meta's Oversight Board a Model for AI Governance?” on The Lawfare Podcast: Patreon Edition (August 2026); “WATCH: Arguing for a diverse America with your friends on the other side” on The.Ink (February 2026); “Win Hearts, Then Minds + Your Questions Answered on Identity and "Covering"” on Hidden Brain (June 2025).

What They Said

“The way you get somebody to uncover, it's a little bit like asking a bird to eat from your hand. You don't force-feed the bird. You just create the environment around the bird so that the bird feels safe enough to do something that might otherwise make it feel quite vulnerable. … It's really about creating the surround sound around individuals, which might actually include sharing your own story.” — Kenji Yoshino, Hidden Brain

A listener asked how to help colleagues stop masking who they are. Yoshino rules out confronting people and instead describes building enough psychological safety that they choose to open up.

Hidden Brain · 2026-11-09 Permalink → Listen →
Hidden Brain Around 1:40:00 into the episode
Kenji Yoshino

…thing to think, right? But I understand where she's coming from because I've seen these kinds of stereotypes myself of, oh, you must be a drug dealer. It's that that we want to contest. And I just want to note that the more we assimilate, the less that underlying demand is going to be contested.

Shankar Vedantam

This last question comes from a listener named Jane who writes, How do you help other people discover that they are covering and masking their true selves? I think this is actually a subtle and Difficult question, Kenji, especially given the course of the conversation we've had. What do you think?

Kenji Yoshino

I'm so glad that this question has come up because oftentimes people say, Well, do you want me to go color the nearest person in my life and say, you know, I don't think you're being truly authentic or really truthful about, you know, the way you're presenting yourself to the world? That I absolutely am not recommending that. So I want to disassociate myself from that, you know, approach as vehemently as I can. But the thing that we can do is something that I will borrow from the incredible Harvard Business School professor Amy Edmondson, who writes about psychological safety. And she defines psychological safety, you know, in the team context as a team climate marked by mutual respect and interpersonal trust in which people feel comfortable being themselves. So the way you get somebody to uncover, it's a little bit like asking a bird to eat from your hand. You know, you don't like force feed the bird, right? You just create the environment around the bird so that the bird feels safe enough to do something that might otherwise make it feel quite vulnerable. So it's really about creating the surround sound around individuals, which might actually include sharing your own story so…

Shankar Vedantam

Kenji Yoshino is a legal scholar at New York University. He's the author of covering The Hidden Assault on Our Civil Rights. And along with David Glasgow, he is co-author of How Equality Wins: A New Vision for an Inclusive America. Kenji, thank you so much for joining me today on Hidden Brain.

Kenji Yoshino

Thank you so much for having me back.

Shankar Vedantam

Hidden Brain is produced by Hidden Brain Media. Our audio production team includes Annie Murphy-Paul, Kristen Wong, Laura Quirrell, Ryan Katz, Andrew Chadwick, and Nick Woodbury. Tara Boyle is our executive producer. I'm Hidden Brain's executive editor. If you love the ideas we explore on Hidden…

Speaker names come from our own diarization. The position is estimated from where the line sits in the episode.
“You'll have a lot smoother ride to getting tenure if you are a homosexual professional rather than a professional homosexual. … What he meant was, you'll do much better if you are the mainstream constitutional law professor who just happens to be gay on the side as an extracurricular activity than if you are the gay rights professor who teaches gay rights subjects and writes on gay rights cases.” — Kenji Yoshino, Hidden Brain

Yoshino recalls advice from a well-meaning senior colleague when he was a junior law professor. It made him realize that even after coming out he was being asked to tone himself down, which led to his idea of "covering".

Hidden Brain · 2026-11-09 Permalink → Listen →
Hidden Brain Around 33:20 into the episode
Kenji Yoshino

…you know, felt that I was downplaying him or hiding him in ways that suggested I was ashamed of the relationship and that he really deserved better. And the idea of holding somebody's hand in public or showing public displays of same-sex affection were all sort of verboten at this time for me.

Shankar Vedantam

So eventually, Kenji Yoshino became a law professor. And at one point, you received a piece of advice from a colleague that backed up your decision to disguise yourself in the way that you were disguising yourself. What was this advice?

Kenji Yoshino

So the advice that I got when I started teaching as a junior professor was by a very well-meaning, very kind colleague who wanted only good things for me. And he put his arm around me as we were walking down the hall. And he said, you know, Kenji Yoshino have a lot smoother ride to getting tenure if you are a homosexual professional rather than a professional homosexual. And I knew exactly what he meant. What he meant was, you'll do much better if you are the mainstream constitutional law professor who teaches separation of powers and federalism and judicial review and just happens to be gay on the side as an extracurricular activity than you will. if you are the gay rights professor who teaches gay rights subjects and writes on gay rights issues and works on gay rights cases. Unfortunately, of course, it was the latter that I wanted to do. This was now 1996, a time when the ice was finally breaking up on the LGBTQI plus landscape. The Romer versus Evans case had just been decided. It was really clear that we were barreling our way towards Lawrence versus Texas in 2003, which was the Brown v. Board of the gay rights movement. And I did not want to be on the sidelines for that.…

Shankar Vedantam

So in other words, be gay, but don't flaunt it.

Kenji Yoshino

Exactly. And the reason that that was so utterly painful for me was it was someone I really admired and trusted. And he was saying, actually, there's another hurdle that you need to wrestle with, right? Which is you don't need to be straight, right? So you don't need to convert. You don't need to…

Shankar Vedantam

So one day you came by a book that transformed your understanding of what was happening to you and what was happening around you. Can you paint me a picture of this epiphany, Kenji?

Speaker names come from our own diarization. The position is estimated from where the line sits in the episode.

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