Wednesday, October 2, 2019
Whether standing alone or next to their husbands, the leading women of megaministry play many parts: the preacher, the homemaker, the talent, the counselor, and the beauty. Boxed in by the high expectations of modern Christian womanhood, they follow and occasionally subvert the visible and invisible rules that govern the lives of evangelical women, earning handsome rewards or incurring harsh penalties. They must be pretty, but not immodest; exemplary, but not fake; vulnerable to sin, but not deviant. And black celebrity preachers' wives carry a special burden of respectability. But despite their influence and wealth, these women are denied the most important symbol of spiritual power―the pulpit.
The story of women who most often started off as somebody's wife and ended up as everyone's almost-pastor, The Preacher's Wife is a compelling account of women's search for spiritual authority in the age of celebrity.
Friday, April 26, 2019
Book Review Sex and Secularism, Challenging the Idea that Secularism is Synonymous with Gender Equality
In Sex and Secularism Joan Wallach Scott challenges the pervasive idea that secularism has always been synonymous with gender equality, entrenching and codifying the “historical triumph of enlightenment over religion” (p. 1)***
Like many feminist historians educated in the late twentieth century, I studied and absorbed Scott's seminal article, “Gender: A Useful Category of Historical Analysis” published in 1986 in the American Historical Review. It became part of the canon of second-wave feminist theory for scholars in a variety of disciplines. Scott's clear and pervasive analysis demanded that feminist historians understand and dive deeply into dimensions of social and political power that emanated from perceived notions of sexual difference, both historic and contemporary. ***
Utilizing a wide variety of literature written by second-wave feminists and historians of race, colonialism, and religion from the nineteenth to the twenty-first century, Scott provides a plethora of examples from gender and secular discourse on religion, reproduction, and politics—ending with the most recent “clash of civilization” discourse that transcends the “Cold War” rhetoric and supports and justifies Islamaphobia in a post-9/11 world. She effectively argues, first, that gender equality is not inherent in secularism (nor ever has been) and, second, that gender equality has not been ameliorated by white, Christian racial and religious discourse or practices in either public or private spheres of a gendered world. It is her third argument about secularism that provides intriguing food for thought. Scott posits that the discourse of secularism has also “functioned to distract attention from a persistent set of difficulties related to differences of sex” regardless of the nation, government, or period (p. 4). Inequality is ingrained and has been, and continues to be, a moving target in the discourse of secularism that allows Western nations to effectively ignore, if not “hide,” the inherent core of gender inequality under the guise of focusing on the “other”—the latest threat to the “civilized” world.
Wednesday, August 29, 2018
Every year, thousands of people are accused of witchcraft and face persecution, abuse, and even death. Now the United Nations is organizing to defend victims of witch hunts.
According to the UN, reports of witch hunts are on the rise, and cases are becoming more violent and prevalent across the globe. Experts and academics hope that the conference will raise awareness of the phenomenon so that it can be better understood as a human rights problem and integrated into the UN's approach to humanitarian issues.
"Witchcraft beliefs are encountered on virtually all continents," explains Dr. Charlotte Baker, who launched the upcoming meeting with funding from Lancaster University. "Globally, witchcraft accusations and persecution have resulted in serious violations of human rights including beatings, banishment, cutting of body parts, amputation of limbs, torture and murder."
The UN has identified women, children, the elderly, and people with disabilities as those most at risk of witch-related abuse. Foxcroft says that the violence can look different from country to country, from "elderly women being beaten, tortured, and killed in places like Kenya, Papua New Guinea, and India" to abuse in Nigeria and the Democratic Republic of Congo, where it is "mainly children who are targeted." According to the WHRN, those with albinism, autism and Down's syndrome have been targeted by such accusations, while a claim against an older woman is often used as an excuse to acquire her land and property.
What these cases share in common, however, is the startling lack of response from local judicial systems and the resulting impunity for the perpetrators. Branding someone a witch has historically been used to justify abuse, particularly by patriarchal religious leaders (see: the infamous Salem witch trials of the 1690s), and experts like Foxcroft believe that the spread of witchcraft-related human rights abuses is exacerbated once more by faith leaders who spread malevolent beliefs in witchcraft to exploit people or extract money from the fearful public.
Sara Dehm & Jenni Millbank, Witchcraft Accusations as Gendered Persecution in Refugee Law, Social & Legal Studies (2018)
Witchcraft-related violence (WRV), in particular directed towards women and children, has become a source of increasing concern for human rights organisations in the current century. Yet for those fleeing WRV this heightened attention has not translated across into refugee status. This research examines how claims of WRV were addressed in all available asylum decisions in English, drawn from five jurisdictions. We argue that WRV is a manifestation of gender-related harm; one which exposes major failings in the application of refugee jurisprudence. Inattention to the religious and organisational elements of witchcraft practices, combined with gender insensitivity in analysis, meant that claims were frequently re-configured by decision-makers as personal grudges, or family or community disputes, such that they were not cognisable harms within the terms of the Refugee Convention; or they were simply disbelieved as far-fetched. The success rate of claims was low, compared to available averages, and, when successful, claims were universally accepted on some basis other than the witchcraft element of the case. This article focuses in particular upon cases where the applicant feared harm as an accused witch, while a second related article addresses those fearing persecution from witches or through the medium of witchcraft
Jenni Milbank & Anthea Vogl, Adjudicating Fear of Witchcraft Claims in Refugee Law, J of Law & Society (2018)
This research examines claims of witchcraft related violence (WRV) in asylum decisions. In refugee applications involving WRV those accused of witchcraft are largely women, and those fearing witchcraft are more often men. This is one of two interrelated articles reporting on cases where claimants feared harm from witchcraft or occult practices. We argue that WRV is a manifestation of gender-related harm, one which exposes major failings in the application of refugee jurisprudence. Systemic inattention to the meaning and application of the Convention ground of Religion, combined with gender insensitivity in analysis, meant that claims were frequently re-configured by decision-makers as personal grudges. The fear of witchcraft cases pose an acute ontological challenge to refugee status determination, as the claimed harm falls outside of what is understood to be objective, verifiable, or Convention-related. Male applicants struggled to make their claims comprehensible as a result of the feminised and ‘irrational’ characterization of witchcraft fears and beliefs.
Monday, August 27, 2018
Felice Batlan, Deja Vu and the Gendered Origins of the Practice of Immigration Law: The Immigrants’ Protective League, 1907-1940, Law & History Rev. (2018)
This essay from Felice Batlan was written after she spent days protesting at Chicago's O'Hare airport in response to Trump's "Muslim Ban." The article is posted on Law and History Review's multi-media digital platform which provides hyperlinks to both primary and secondary sources making it freely accessible and ideal for classroom use.
Donald Trump’s administration has provoked crisis after crisis regarding the United States’ immigration policy, laws, and their enforcement. This has drastically affected millions of immigrants in the U.S. and those hoping to immigrate. Stemming from this, immigration lawyers and immigrant advocacy organizations are challenging such policies and providing an extraordinary amount of direct pro bono legal services to immigrants in need. Yet the history of the practice of immigration law has been largely understudied. This article addresses this history by closely examining Chicago’s Immigrants’ Protective League between 1910 and 1940. The League provided free counsel to tens of thousands of poor immigrants facing a multitude of immigration-related legal issues during a time when Congress passed increasingly strict immigration laws often spawned by xenophobia and racism. The League, always headed by women social workers, created a robust model of immigration advocacy at a time when only a handful of women were professionally trained lawyers. A close and thick reading of the League’s archival documents, manifests how the events of Trump’s immigration policies have a long and painful history. U.S. immigration law and its enforcement have consistently been cruel, inhumane, arbitrary, and capricious. Told from the ground up and focusing upon the day-to-day problems that immigrants brought to the League, one dramatically sees how immigration laws and practices were like quicksand, thwarting the legitimate expectations of migrants, and, at times, leaving people in an endless legal limbo. The League, in response, participated in creating what would become the practice of immigration law, engaging, and quickly responding to changing laws, rules, policies, and the needs of migrants.
Friday, September 1, 2017
Meghan Boone, The Autonomy Hierarchy, 22 Tex. J. Civ. Liberties & Civ. Rgts 1 (2016)
The Supreme Court decided two cases in Spring 2015 – Young v. United Parcel Service, Inc. and EEOC v. Abercrombie & Fitch Stores, Inc. – under Title VII. The plaintiffs in both cases believed that they had been discriminated against by their employers because they were members of a protected class – pregnant women in the former and religious believers in the latter. Both plaintiffs were seeking minor modifications to workplace policies as an accommodation. And in both opinions, handed down within a few months of each other, the Court used the language of favoritism to discuss whether the plaintiffs should prevail and what analysis should be employed. The manner in which the Court used the language of favoritism, however, could not have been more different. In the case of pregnancy, the Court soundly rejected that pregnant employees were entitled to any favored treatment, bending over backwards to avoid a ruling that pregnant employees were part of a “most favored” class. In the case of religion, the Court took the exact opposite approach, declaring that religious plaintiffs enjoyed “favored treatment.” This is despite the fact that Title VII provides no explicit textual support for such a distinction. In the absence of such a statutory explanation, what is really behind this difference in approach? This paper explores one potential answer to this question – that these decisions reflect the Court’s underlying belief in the paramount importance of the right to spiritual autonomy over and above the importance of a right to physical autonomy. Further, it explores how allowing such a hierarchy between a right to spiritual autonomy on the one hand and a right to physical autonomy on the other, to animate judicial decisions is both inherently gendered and has the effect of disproportionately harming women. It concludes by analyzing whether such a hierarchy of rights is reflective of lived experience and discussing possible alternative frameworks for analyzing such claims.
Tuesday, March 7, 2017
Gillian Thomas, NYT, "Four Days That Changed the World": Unintended Consequences of a Woman's Rights Conference, reviewing:
Marjorie Spruill, Divided We Stand: The Battle Over Women's Rights and Family Values
To answer these riddles requires understanding how we got here, and Marjorie J. Spruill’s “Divided We Stand” offers a detailed if sometimes dense primer. Spruill, a professor of women’s, Southern and modern American history at the University of South Carolina, convincingly traces today’s schisms to events surrounding the National Women’s Conference, a four-day gathering in Houston in November 1977. At the time, Ms. magazine called the event — a federally funded initiative to identify a national women’s rights agenda — “Four Days That Changed the World.” So why is it that today, as Gloria Steinem recently observed, the conference “may take the prize as the most important event nobody knows about”?
In Spruill’s telling, the Houston conference was world-changing, but not entirely for the reasons the organizers had hoped. The event drew an estimated 20,000 activists, celebrities and other luminaries for a raucous political-convention-cum-consciousness-raising session. The delegates enacted 26 policy resolutions calling not just for ratification of the Equal Rights Amendment (then just three states shy of the 38 needed) but a wide range of measures including accessible child care, elimination of discriminatory insurance and credit practices, reform of divorce and rape laws, federal funding for abortion and — most controversially — civil rights for lesbians. Those “planks” later were bundled as a National Plan of Action and presented to President Jimmy Carter, amid much fanfare, in a report entitled “The Spirit of Houston.”
The conference had an unintended, equally revolutionary consequence, though: the unleashing of a women-led “family values” coalition that cast feminism not just as erroneous policy but as moral transgression. Led by Phyllis Schlafly, a small but savvy coalition of foot soldiers mobilized against the conference’s aims. These activists found common cause in their deep religiosity and opposition to feminism’s perceived diminishment of “real” womanhood. And although their leadership denied it, the group also had ties to white supremacists. “Divided We Stand” argues that the potency of these advocates and their successors reshaped not just the nation’s gender politics, but the politics of the Democratic and Republican Parties as well.
Monday, March 21, 2016
Doug Laycock, Wash Post, How the Little Sisters of the Poor Puts Religious Liberty at Risk
Zubik v. Burwell is the Supreme Court’s name for the set of cases more often identified with the Little Sisters of the Poor, a religious order that is also a party to the case. I filed an amicus brief in Zubik on behalf of the Baptist Joint Committee for Religious Liberty. I had never before filed a brief in support of the government in a case about the free exercise of religion. ****
The second, and even more dangerous argument: These organizations say that because the government exempted the insurers of churches and their integrated auxiliaries, it is required to exempt the insurers of all other conscientious objectors as well. Otherwise, it discriminates between two groups of religious organizations.
This argument is a mortal threat to an essential and widespread source of protection for religious liberty. There are thousands of specific religious exemptions in U.S. law. If legislators and administrative agencies cannot enact a narrow religious exemption without it being expanded to become all-inclusive, many of them will not enact any religious exemptions at all. And they will start repealing the exemptions they have already enacted.
Friday, March 4, 2016
Kif Augustine-Adams (BYU), Religious Exemptions to Title IX
Abstract:Forty years into the Title IX game, the score is 253 to 0, religious exemptions recognized versus those denied. Almost no one knows the overall score of the game, who has made points, or who is playing. Prior to the Human Rights Campaign’s release of a report in December 2015, relatively few beyond the participants themselves even knew the game was played. Documented religious exemptions to Title IX largely take place in the dark, in private administrative processes rarely made public, under obscure agency standards and policies. The parameters of religious exemptions to Title IX have never been litigated in court or subjected to judicial review. Virtually no scholarship exists on the subject. Religious exemptions to Title IX pose a particularly urgent question given the flood of new exemptions claims focusing on transgender and homosexuality. This analysis is a first, foundational step in evaluating religious exemptions to Title IX.
On its face, a score of 253 and counting, suggests complete and overwhelming victory for one side, the educational institutions claiming religious exemption to Title IX. In reality, however, the lopsided score hides another story, one much more complex and nuanced than the score reflects. Over time, the government agency charged with Title IX enforcement subtly arrogated to itself power and authority to regulate religious exemption to Title IX. As much as victory, the score reveals a subtle erosion of autonomy as religious educational institutions acquiesce to the administrative state by requesting exemption under regulatory procedures rather than claiming inherent exemption under the Title IX statute itself and the Constitution. I conclude that the administrative regulatory procedures for religious exemption to Title IX have largely failed to accomplish the non-discrimination goals of Title IX, to respect religious liberties, or to facilitate a sustainable engagement between these potentially competing values.
Wednesday, January 27, 2016
Elizabeth Rose Schlitz (St. Thomas), Motherhood: Benefit or Burden to Business, International Study Seminar on “Women and Work”, Pontifical Council for the Laity, Rome, Italy (2015)
Abstract:This essay is a contribution to an International Study Seminar on the topic of “Women and Work”, convened by the Pontifical Council for the Laity in Rome, Italy, on December 4-5, 2015, to be published with the complete proceedings of the conference.
In recent decades, the Catholic Church has come to share the widespread social consensus about the urgent need for the insights of the feminine genius in all sectors of society – in the home as well as the halls of government, schools and universities, and businesses. However, an argument for women in the workplace does not, in itself, furnish a compelling business case for mothers in the workplace. Is there something unique about the gifts, talents, and perspectives of women who are mothers, or something unique about what women who are mothers add to the dynamic of men and women working together?
This essay argues that persuasive arguments for accommodating mothers in workplace are crucial for two reasons: First, to ensure that employers who want to achieve gender balance do not follow the lead of companies such as Facebook and Apple, offering incentives for women to remain childless during their most productive years as ‘ideal workers’ rather than accommodating parenting. Second, to ensure the continued presence in workplaces and national and international governing bodies of people with personal stakes in advocating for policies to enable parents to balance their work and their caregiving responsibilities, and in reminding their nations and the world of the reality that the overwhelming proportion of the world’s poverty population is composed of women and children – across the globe, in countries of all stages of development.
The essay offers four arguments for the value of mother in the workplace: (1) businesses want women workers, and most women workers want to be mothers; (2) businesses benefit long term from the caregiving work of mothers, and should thus shoulder some of its cost; (3) accommodating motherhood is not, in fact, as much of a burden on businesses as is commonly thought; and (4) mothers offer some unique and valuable skills to the workplace.
Friday, October 2, 2015
Since the American press largely ignored or downplayed the Pope's January 2015 Vatican visit with a transgender man from Spain, many Americans have nothing to counterbalance off the Pope's Kim Davis visit to understand that the pontiff's visit is not meant to signal he has taken Davis' side, or joins in condemning gay culture. Rather it is the Pope's demonstration of compassion for all people.
While those eager to criticize and even hate the Pope for his visit with Davis, those with open minds can consider the Vatican visit with Diego Neria Lejarraga and his fiancee as a refutation of the hatred that the Davis camp is spreading. The public following the Pope is due more comprehensive exposure to Pope Francis' inclusion of the different voices and lifestyles he embraces in his spiritual vision of the Church in the future, and the vist with Neira represents the Pope's boldest departure from Catholic doctrine to date.
Thursday, May 7, 2015
From the LA Times, in a story that implies the acute connection between gender autonomy and physical movement:
When Hala Radwan returned to Saudi Arabia after obtaining a business degree in France, she was eager to put her new skills to use.
She found a job in the marketing department of a big international company. There was just one problem: How would she get to and from work in the only country that does not allow women to drive?
Wednesday, April 29, 2015
Brian Tashman of “Right Wing Watch” reports that on a recent episode of the Family Research Council’s “Washington Watch,” conservative Rabbi Daniel Lapin claimed that the problem with effeminate liberals is that an excess of estrogen in their systems causes them to fall in love with “the masculine strength and brutality of Islam.”
Host Tony Perkins asked him why liberals “favors Islam and actually promotes it, even to their own demise,” and Rabbi Lapin responded with what he characterized as a “zinger” of an answer — there’s a “sexual dimension” in which, much like feminized hostages suffering from Stockholm Syndrome, liberals are attracted to the masculinity of the Islamic extremists.
Thursday, April 23, 2015
Why are biased acts against women — even religiously motivated ones — considered so much less toxic than biased acts of any other kind? Why do women often demur and accept humiliation rather than make a fuss? Why does respect even for admittedly extreme religious beliefs trump respect for half the human race?
My encounter came to mind again as I pondered recent stories of ultra-Orthodox Jewish men refusing to take airline seats next to women. Several cases were reported in the New York Times this month. Others have appeared in the Israeli press as far back as 2012.On some flights women reportedly moved when asked. Some men switched places with women to eliminate the adjacency problem. Some flight attendants assisted the Orthodox men in relocating. Yet when others did not, some flights were delayed as men refused to be seated. The incidents have spawned lively discussions among Jews and non-Jews alike.
Yet I wonder: Why are we even discussing this?
Would such blatant behavior be treated merely as a social choice, a courtesy issue or an awkward airline customer-service problem if the targets were anyone other than women?
Let’s test it. What if we recast my encounter, giving me a different race and gender. How do I react now if someone says, “I don’t touch black men.” Do I quietly move on? How would this young man have reacted had the tables been turned? What if I had done something I could never imagine myself doing? Would he have treated it as a social issue if I had refused his hand, saying: “I don’t shake hands with Jews?”
Friday, April 10, 2015
Francesca Hogi, 40, had settled into her aisle seat for the flight from New York to London when the man assigned to the adjoining window seat arrived and refused to sit down. He said his religion prevented him from sitting beside a woman who was not his wife. Irritated but eager to get underway, she eventually agreed to move.
A growing number of airline passengers, particularly on trips between the United States and Israel, are now sharing stories of conflicts between ultra-Orthodox Jewish men trying to follow their faith and women just hoping to sit down. Several flights from New York to Israel over the last year have been delayed or disrupted over the issue, and with social media spreading outrage and debate, the disputes have spawned a protest initiative, anonline petition and a spoof safety video from a Jewish magazine suggesting a full-body safety vest (“Yes, it’s kosher!”) to protect ultra-Orthodox men from women seated next to them on airplanes.
Wednesday, April 1, 2015
Indiana recently passed a law that ostensibly promotes religious freedom but arguably also promotes the right of businesses to discriminate against gays. Arkansas has followed suit with a legislative bill that does something similar.
For discussion by the NYT, see here.
And for a conservative defense of the Indiana law--which is interestingly couched in the technical formalities of law, rather than the cultural ideology of heterosexuality (a tacit homage to liberalism?)--check out the arguments in the National Review.
And, for a typically droll commentary by Andy Borowitz at the New Yorker, check out this spoof (it's quite absent any snark and it's a telling commentary about the ubiquity these days of straight people having friends, colleagues, and, indeed, family members, who are gay).
Wednesday, March 25, 2015
NAPLES, Italy, March 23, 2015 (LifeSiteNews.com) -- For at least the third time in his pontificate Pope Francis has used very strong language to condemn the gender theory, one of the intellectual underpinnings of the ‘LGBT’ agenda. Speaking Sunday with young people on his voyage to Naples, Italy, Pope Francis spoke of the “ideological colonization” of families seen throughout Europe and the West.
“Gender theory is an error of the human mind that leads to so much confusion," he said. “So the family is under attack.” As to how to deal with the “secularization” or the “ideological colonization,” the pope said he does not have the answer. He pointed however to the Synod on the Family, which he called inspired by the Lord.
The comments echo those made in an in-flight interview Pope Francis gave while returning from Manila in the Philippines on January 19, 2015. Francis lamented the Western practice of imposing a homosexual agenda on other nations through foreign aid, which he called a form of “ideological colonization” and compared it to the Nazi propaganda machine.
Asked by a reporter to explain the phrase “ideological colonization,” the pope gave an example from 1995 when, he says, a minister of education in a poor area was told she could have a loan for building schools so long as the schools used a book that taught “gender theory.”
"This is ideological colonization,” he said. “It colonizes the people with an idea that wants to change a mentality or a structure." This ideological colonization, he added, “is not new, the dictators of the last century did the same.” "They came with their own doctrine. Think of the BalilLa (The Fascist Youth under Mussolini), think of the Hitler youth."
Monday, March 16, 2015
Marie Ashe (Suffolk) has uploaded a new paper about the ministerial exception and its relationship to the area of gender and law. The abstract:
The US Supreme Court’s Hosanna-Tabor opinion, defining a Constitutionally-rooted “ministerial exemption” of churches from the obligations of anti-discrimination laws, utilized an “absolutist” approach that has been contrasted with the “balancing” approach to the same issue taken by the European Court of Human Rights. Focusing on Hosanna-Tabor, this essay provides analysis of the implications of the case by identifying its location in – and its contribution to – the program of “religious privilege” that has been advanced the Supreme Court during the past 25 years. The essay documents relevant Constitutional case law and statutes; outlines the evolution of the “ministerial exemption;” and, points to losses of individual equality that are being accomplished concurrently with great expansions of “religious liberty” and with abandonment of meaningful “separationism” in the US. Accepting the critique of “absolutism,” the essay suggests, further, that Hosanna-Tabor and other recent work of the Court lack – but that resources extractable from US law of the “religious pluralism” period can provide – conceptual resources useful for protection of individuals’ equality and for minimizing “divisiveness based on religion.”
Wednesday, March 11, 2015
An Irish Catholic bishop said on Monday that homosexuality — like Down’s syndrome or spina bifida — was not part of God’s plan, and that same-sex couples with children were “not necessarily parents.” In an interview with the NewsTalk Breakfast radio program, Elphin Bishop Kevin Doran argued that voters should reject an upcoming referendum to legalize same-sex marriage because LGBT couples could not procreate.
Hear the interview here (scroll down to bottom).
Friday, March 6, 2015
Wednesday, February 18, 2015
In a rare interactive interview held at the end of January, high-ranking leaders of the Church of Jesus Christ of Latter-day Saints fielded questions on LGBT issues. Church members flooded the moderator with queries about how to navigate the tension between supporting family members and friends and following one’s conscience on LGBT issues when it is at variance with current church teachings. One question dealt with transgender identity, and the response by Elder Dallin H. Oaks of the Quorum of the Twelve Apostles, one of the highest-ranking church leaders, was the most significant—and underreported—statement from that session. A mother said, “I have a transgender son who came out to us about a year ago. … I hate having to fear what retaliation [from church leaders] I might have for supporting him … I think we as members need that assurance that we can indeed have our own opinions, support our children, and still follow our beliefs.”