Thursday, June 20, 2019

A Question of Pride - Will Legal Advances Stand?

By Prof. Jeremiah Ho

Image1This year’s June LGBTQ Pride Month is distinctive because it marks the 50th anniversary of the Stonewall Riots.  A half-century ago, New York City police raided the Stonewall Inn, a cramped gay bar in Greenwich Village.  That harassment incited a six-day riot from gay patrons and neighborhood sympathizers.  In LGBTQ history, the Stonewall Riots represents a defining moment of acting up and symbolizes the threshold of the gay liberation movement of the 1970s, which ultimately transformed LGBTQ visibility.    

This past year has brought other LGBTQ anniversaries.  Last October was the 30th anniversary of National Coming Out Day.  This past February marked 15 years since Massachusetts first legalized same-sex marriage.  There is much to commemorate. 

Yet, not all anniversaries this June are celebratory.  A year ago, the Supreme Court reversed a Colorado ruling that a Christian baker’s refusal to sell a wedding cake to a same-sex couple was discriminatory.  In Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court protected the baker’s religious freedom by finding that the lower proceedings had been tainted by religious hostility—even when the same-sex couple’s sexual orientation discrimination claim was sound.  Some legal commentators have since questioned the Court’s grounds for finding religious hostility.  

Before Masterpiece, full equality for LGBTQ individuals seemed inevitable.  The Supreme Court had protected LGBTQ people from legislative animus, de-criminalized their sexual relationships, and overturned the Defense of Marriage Act.  In 2010, Congress repealed Don’t Ask, Don’t Tell.  Progress culminated in 2015 when the Supreme Court recognized same-sex marriages in Obergefell v. Hodges.  Love won—as the popular saying went.

But Masterpiece and the current lack of full equality loom over this Pride Month, especially as Stonewall’s anniversary approaches. 

Aside from the Supreme Court’s questionable interpretation of religious hostility in Masterpiece, the problem with last year’s wedding cake case reveals a hurdle for current LGBTQ activism.  This hurdle was one that Stonewall, in part, externalized and what turned the conformist style of gay rights activism of the 1960s into its 1970s radical liberationist incarnation.  In the quest for equality, some gays, unfortunately, tend to get ahead of others.  

To win marriage equality in 2015, the same-sex couples in Obergefell had to show that their interests in marrying converged with the interests of mainstream America to uphold traditional marriage.  In his studies on American racial progress, the late Derrick Bell, NYU legal scholar, had called this strategy “interest convergence.” 

  • Achieving interest convergence in Obergefell meant that the same-sex couples could not threaten the mainstream status quo of America while seeking one of its most prized institutions.  The strategy was conformance, assimilation, and respectability.  The couples resembled mainstream straight married couples by exhibiting cultural, economic, and gender norms that aligned with the status quo.  A 2015 Yale Law paper explored just how assimilated these same-sex couples were in Obergefell.  See Cynthia Godsoe, Perfect Plaintiffs, 125 Yale L.J. F. 136 (2015).  The couples looked all-American in the upper-middle class, mostly-white, professional, and family-oriented sense, and made marriage equality an issue seemingly confined to a small, elite segment of the LGBTQ population.  That strategy worked.  Love did win. 

But the strategy also relied on gay elite privilege to overcome a legal struggle for equality.

Last year, the same-sex couple in Masterpiece did not resemble the same-sex couples in Obergefell.  Without children and upper middle-class professions, they didn’t seem as “all-American” or mainstream.  In public, their hairstyles and clothing blurred gender lines.  The two men, Charlie Craig and David Mullins, even dared to kiss outside the Supreme Court building.  Culturally, they were queer, not assimilated.  And their plight against discrimination pitted their queerness directly against anti-gay Christian beliefs—threatening another status quo institution:  religion.  Interests didn’t converge then.  Instead, the status quo felt threatened and so the baker won.    

Thus, equality bears a conditional message for gays:  resemble the mainstream or your chances for equal treatment are attenuated. 

In spirit, Stonewall and the gay liberation movement of the 1970s urged against surrendering visible, authentic lives for compromises that assimilation and respectability might bring.  The LGBTQ movement must do better to show mainstream America that there are others to recognize.  In my forthcoming article from the Yale Journal of Law & Feminism, I detail further the status quo anxiety in Masterpiece and propose a shift away from identity politics to broad coalitions premised on democratic values.  A preview of the piece is available here.

Moreover, in the next Supreme Court term, three cases of employment discrimination against gay and transgender individuals will also allow the movement to re-examine its strategies.

Yes, marriage equality provided progress and the Obergefell plaintiffs were true to their own struggles.  But when discrimination in employment, housing, and public accommodations still affect LGBTQ individuals, marriage equality was not full equality. 

So this Pride Month when we see those “Love Wins” signs again, we must also ask:  when will queer win? 

 

June 20, 2019 in Gender Oppression, Jeremiah Ho, LGBT, Marriage Equality | Permalink | Comments (0)

Thursday, January 31, 2019

Gender Equality & Human Rights in the Time of #MeToo

By JoAnn Kamuf Ward, Director, Human Rights in the US Project & Lecturer-In-Law, Columbia Law School.

Image1While 2018 has been dubbed the year of the woman, it is abundantly clear that misogyny is alive and well.  And, in order to address the underlying structures and beliefs that allow gender inequality to persist requires transformation.  It requires a cultural shift.   Treating acts of discrimination, harassment, and assault on an individual basis is simply insufficient.   It is not enough that four women have announced they are running for President.  It is not enough that more than 100 women were elected to Congress.

As advocates fighting for passage of the ERA and US adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) have long recognized, the laws and institutions we have in place are insufficient to guarantee women’s equality.   

Tarana Burke founded #MeToo to challenge the underlying beliefs that allow assault and harassment to occur.  It is about reshaping relationships of power and privilege. As she has so clearly stated, “we need to dramatically shift a culture that propagates the idea that vulnerability is synonymous with permission and that bodily autonomy is not a basic human right.”  

It is not surprising that Tarana Burke has defined eradicating gender-based violence as a human rights issue.  Human rights are about systems change.  They are about centering the experience of those most vulnerable to violations.  And, they are about a new, affirmative approach to addressing discrimination and inequality.   That includes changing how each of us views our individual and collective responsibilities to address gender discrimination and inequality.  It requires reshaping gender and racial stereotypes that have led to current dynamics of power and privilege. We must reform institutions to eradicate implicit and explicit bias.  We must also change the laws in place to prevent and respond to acts of discrimination, assault, and harassment in order to foster more collective accountability.   

In the United States, the predominant paradigm for dealing with sexual harassment, gender-based violence, and discrimination has historically been largely individual. Yet, focusing on individual perpetrators and isolated incidents falls short of the transformative change that is required.   As Dahlia Lithwack wrote in September, it is a myth “that patriarchal systems, based in entrenched power, and supported by others in power, could be brought down by individual, brave women.”   Systemic change is essential, because the system in which we operate has failed women.

#MeToo has also made clear that the challenges we face are societal and institutional.

And, in response to the movement, global human rights actors have spoken out.   UN experts have recognized the need for more concerted action to address the oppression that exclude women from positions of power in order to eradicate all forms of gender discrimination, and there is increasing guidance on core elements of a rights-based approach to gender-based violence and harassment though law and policy grounded in human rights principles, building off existing standards found in principles of CEDAW.  There are also calls for more specific international protections for women in the workplace.  And examples of how U.S. workplaces can be transformed through human rights-based worker driven solutions, such as the Fair Food Program.

As already reported on this blog, across the U.S. local advocates, law school clinicsand local governments are also looking to human rights to foster broader based approaches to advancing gender equity, focusing on eradicating negative stereotypes, and identifying and addressing barriers to equality for women and girls by adopting CEDAW principles.

CEDAW offers a framework to foster gender equality and eliminate discrimination against women. It defines what constitutes discrimination against women broadly to encompass laws and policies that negatively affect women’s human rights, and identifies pathways to more equitable opportunities and outcomes in a wide range of areas.  According to CEDAW, governments must:

 

  • Affirmatively identify the factors that perpetuate inequality, and take steps to mitigate them.  
  • Take measures to eliminate discrimination against women in political and public life, including to ensure women’s right to vote and to hold public office. 
  • Foster equal access and non-discrimination in relation to education, employment, and health.  
  • Adopt policies to advance women’s economic stability, including equal pay and paid maternity leave.  
  • Address violence against women through efforts to identify its root causes, focus on prevention, and prioritize redress for survivors.

 

In order to ensure equal enjoyment of rights for all women, CEDAW calls for policies that reflect the ways that individual’s multiple identities, including her race, nationality, disability, age, as well as economic and social status, impact her enjoyment of rights, and calls for targeted and culturally-appropriate solutions.   

Recognizing the power of these principles, the umbrella organization of state and local civil and human rights agencies – many of whom are charged with resolving complaints of individual discrimination –  passed a resolution in support of CEDAW in 2017 – calling on its members to support municipal, county, and state-wide policy efforts to affirm the rights of women, eliminate all forms of discrimination, advance gender equity, and promote and affirm the principles of CEDAW.  This is an important foundation for a more affirmative, proactive approach to advancing women’s rights and achieving the transformative change that is needed.   

To cultivate action, and support state and local government human rights implementation, the Columbia Law School Human Rights Institute recently published a Gender Equity Toolkit.  Developed in partnership with the Leadership Conference on Civil and Human Rights and UNA-USA, the toolkit highlights specific ways that state and local agencies and officials can utilize CEDAW to promote and protect women’s rights, including: fostering human rights education and awareness; assessing the status of women through a gender analysis; and incorporating CEDAW principles into local law and policy. 

The Toolkit offers a menu of activities that can strengthen protection for women’s rights, and serve as a springboard for local, city, and state efforts to break down the barriers that continue to impede full equality for women, and redefine relationships of power and privilege.   

 

 

   
   

January 31, 2019 in Equality, Feminism, Gender Oppression, Gender Violence, JoAnn Kamuf Ward | Permalink | Comments (0)

Thursday, September 20, 2018

Gender Specific Needs of Women in Prison Not Being Met

A recent study confirms what we what know anecdotally.  The unique needs of incarcerated women  are not being met.  The study, conducted by DOJ's Office of the Inspector General included the following:

Lack of a Strategic Approach.  We found that BOP could not ensure that its correctional institutions adhered to BOP policies pertaining to female inmates because BOP has only recently taken steps to formalize a process for verifying compliance with those policies.  Further, while BOP established a Central Office branch that serves as its source of expertise on the management of female inmates, this branch may not have adequate staffing to fully fulfill its mission.  Additionally, BOP requires all staff in female institutions to take training on the management of female inmates and trauma-informed correctional care; however, BOP does not require its National Executive Staff to complete these trainings.  As a result, the officials who develop policy and make decisions that affect female inmates may not be aware of their needs. 

BOP Programming and Policies.  We identified three areas in which BOP’s programming and policy decisions did not fully consider the needs of female inmates:  (1) trauma treatment programming, (2) pregnancy programming, and (3) feminine hygiene.  We found that BOP may not be able to provide its trauma treatment program to all eligible female inmates until late in their incarceration, if at all, because BOP has assigned only one staff member at each institution to offer this program.  We also estimated that only 37 percent of sentenced pregnant inmates participated in BOP’s pregnancy programs between fiscal year (FY) 2012 and FY 2016.  We believe that participation was low because BOP inmates and staff lacked awareness of these programs, and staff may apply eligibility criteria more restrictively than intended by BOP headquarters.  Further, we found that the distribution methods for feminine hygiene products provided to inmates varied by institution and did not always ensure that inmates had access to a sufficient quantity of products to meet their needs.    

Lack of Gender-Specific Posts.  We found that BOP’s practice of assigning Correctional Officers to posts solely by seniority has resulted in an inefficient use of Correctional Officer resources at female institutions.  Male Correctional Officers are assigned to posts at which staff must regularly conduct searches of female inmates.  Because the Prison Rape Elimination Act of 2003 and BOP policy prohibit male Correctional Officers from searching female inmates, female Correctional Officers must leave other assigned posts to conduct these searches. 

 · Negative Impact of Federal Correctional Institution (FCI) Danbury Conversion.  We examined BOP’s 2013 decision to convert FCI Danbury from a female institution to a male institution, which resulted in 366 low security sentenced female inmates serving a portion of their sentences in Metropolitan Detention Center (MDC) Brooklyn—a detention center intended for short-term confinement.  We found that at MDC Brooklyn, BOP offered female inmates no access to outdoor space, less natural light, and fewer programming opportunities than what would otherwise be available to them at BOP facilities designed for long-term confinement. 

Click here to read the full report.

 

September 20, 2018 in Gender, Gender Oppression, Margaret Drew | Permalink | Comments (0)

Wednesday, July 18, 2018

What Denying Asylum On Grounds Of Domestic Violence Means For Survivors

In the Matter of  A-B-  the government disqualified domestic violence claims as a basis of asylum except on narrow grounds.  Those grounds will be near impossible for most asylum applicants to prove.  The opinion demands that "An applicant seeking to establish persecution based on violent conduct of a private actor must show more than the government’s difficulty controlling private behavior. The applicant must show that the government condoned the private actions or demonstrated an inability to protect the victims."  When police refuse to respond to a domestic violence call or appear at a home after abuse happened and refuse to intervene, the applicant will likely be unable to show malintent on the part of the state. 

In the wake of a letter signed by family law professors to Attorney General Sessions seeking revocation of the A-B- decision,  Nermeen Arastu, Janet Calvo and Julie Goldscheid, of CUNY Law School, have written an op-ed in response to Attorney General Sessions' virtual elimination of domestic violence, or any private violence for that matter, as grounds for asylum.   As the authors state "survivors may not ever be able to bring their legitimate claims and will be summarily sent back to the hands of their persecutors, exposing them to life-threatening harm." 

You may read the entire op-ed here

 

 

 

 

July 18, 2018 in Gender Oppression, Immigrants, Margaret Drew | Permalink | Comments (0)

Wednesday, February 14, 2018

Lawsuit Details Maltreatment of Pregnant Women in Prison

Under-reported in discourse addressing prison conditions and human rights violations is the particularly harsh treatment of women prisoners.  The dis-empowerment that comes with gender oppression brings with it even more abusive conditions for pregnant women who have even less control over their lives than other prisoners.  

A class action lawsuit filed in Almeda County, California addresses the horrific conditions suffered by incarcerated women  the Santa Rita prison.  The lawsuit details the horrific conditions, particularly for pregnant women.  The lawsuit details pregnant women being denied blankets, healthy nutrition, and fresh air.  Pregnant women are denied medical care and encouraged to have abortions.  

A press release describing the suit states the "The women seek injunctive relief under the U.S. and state constitutions and demand an end to inhumane and sexually biased treatment at Santa Rita. Plaintiffs charge they are subject to more restrictions and harsher treatment than male prisoners, including being held in holding cells for longer periods of time, being denied equal access to jobs outside the cell, limited on classes and education, and subjected to more frequent strip searches and body cavity searches."  One woman delivered her child alone with the baby's umbilical cord around the child's neck.  The woman screams were not only ignored, a prison employee shut a door to muffle the sounds. Other inhumane treatment is described in the complaint.

   

February 14, 2018 in Gender Oppression, Incarcerated, Margaret Drew | Permalink | Comments (0)

Sunday, January 7, 2018

DeRailing the #MeToo Movement?

Is Matt Damon one of the celebs looking to derail the #MeToo movement?  For those of you who have the sense not to follow celebrity "news", Mr. Damon remarked during a recent interview that there is a big difference between patting someone on the rear and rape.   Well, I concede, there is a difference, but Mr. Damon should not diminish the serious psychological harm that comes to women who endure unwanted physical touching day after day. The behavior not only demeans their work, but their entire being, causing some severe psychic pain and loss of self-esteem.  Just ask the women at Ford.  Or ask the women who left the entertainment industry, forfeiting their chosen careers due to harassment.   Mr. Damon also suggested that men who grew up believing patting women's rears was ok should be treated differently.

Let's not get distracted as Joan Vennochi did.  Yes- there are degrees of behavior.  There are even differences on what an appropriate employer response should be to reports of current or past sexual harassment. 

Let's look at two unexplored aspects of Mr. Damon's chatter.  First is the timing.  Why interrupt a relatively nascent movement that is just beginning to see effects outside of the entertainment industry?  Mr. Damon's follow-up remarks saying that all of the unwanted behavior must be eradicated,  do not justify the timing of criticizing the movement when the impact of his remarks could slow, if not stop, the momentum.  Mr. Damon is defensive from criticism that he did not "know" about Harvey Weinstein's behavior .  That is possible.  But it is not plausible that Damon did not understand the consequences of creating diversion at a critical time in women's attempts to be heard.   

Second point, once again Mr. Damon removed men's responsibility for decision making and subtly put it on the women of the #MeToo movement.    Mr. Damon failed to mention that the men being fired from their positions were being fired by men.   Next time Mr. Damon decides to pontificate about men's behavior, perhaps he could make it clear that he is criticizing the male CEO's for their post-allegation responses.  The silence of not naming the problem shifts blame to the victims.

Equally unfortunate that the focus of recent firings  has been solely on physical behavior, including threats or demands for sex.  We risk making inappropriate physical behavior or threats involving sexual demands the bar for firing when non-physical displays of misogyny should be adequate. 

 

January 7, 2018 in Gender Oppression, Gender Violence, Margaret Drew, Sexual Assault | Permalink | Comments (0)

Tuesday, November 21, 2017

We Have Only Fifteen Minutes: Fears of a Second Wave Feminist

The celebrity men are falling.  Charlie Rose is the latest formerly venerated but large egoed man to fall under the weight of sexual harassment allegations.  The line of the dethroned is getting longer, but the time is getting shorter. 

During the 1980’s I was one of a handful of lawyers who tried divorce cases on grounds of abuse.  “No Fault” divorce had arrived in all but a few states.  Trying cases on any other grounds was considered distasteful.  But my clients wanted their truth heard in court.  The judgments my clients received would today be considered amazing.  In the 80’s the judgments were viewed as just compensation for the suffered abuse. 

Then came the 90’s.  Domestic abuse was discussed widely and openly. Those jurisdictions that had not yet enacted civil protection order statues, did so.  Slowly women, who were primarily if not exclusively the petitioners, came forward to demand protection.  Judges heard stories of abuse that shocked them. 

But then things changed.

So many women came forward seeking protection from abuse that judges assumed that not all of the women’s claims could be true.  Judges had difficulty accepting the prevalence of gender bias. By the end of the decade, the seeds had been sown in family court culture for women seeking divorce to be found not credible in that surely women were seeking protection orders only to gain a “leg up” in the divorce proceedings.  No mind that all of the data shows that seeking a protection order does not result in an advantage for the abused parent.  Quite the opposite. Raise abuse when children are involved, and the mother's presumed motive will be to "alienate" the children from their father.

So I am compelled to raise the alarm.  With so many women, and some men, coming forward alleging sexual harassment by celebrities what will be the tipping point where accusers are branded as liars?  Am I being an unnecessary alarmist? 

We have not scratched the surface of sexual harassment.  Rather than #MeToo, perhaps #NotMe would give a more accurate count of who has and has not been the victim of sexual harassment.  I am afraid that our non-celebrity sisters will be deprived of their opportunity to air their grievances and be believed.  That is where the work needs to be done.  Finding platforms for the most vulnerable to air their stories without retaliation has a short window. 

So if you have a plan – whether to provide legal services to those who tell their stories and are vulnerable to immediate discharge from work or other consequences – or if you hope to publicize how common sexual harassment is in all levels of our nation- do it soon. 

File legislation, record the stories of our unknown sisters, bring the powerful to the workplace to prevent firing when disclosures are made, Prepare for the backlash and have a plan to defeat it -  but do it within the next fifteen minutes.

November 21, 2017 in Gender Oppression, Gender Violence, Margaret Drew, Women's Rights | Permalink | Comments (0)

Monday, November 6, 2017

Scholarly Voices: Longing for Soft Misogyny

Editors' Note:  This post is part of the symposium examining where we are one year after the presidential election.

by Prof. Justine Dunlap

Not too long ago, in a galaxy not too far away, I was contemplating some of the improvements in the law, procedure, and culture concerning intimate partner violence. In particular, I was pondering why those improvements had not yielded as much change as one might have hoped and had too often resulted in adverse unintended consequences to the survivor.

I concluded that implicit bias, which for these circumstances I termed soft misogyny, was a primary culprit. One of the solutions, therefore, was for people to start acknowledging implicit bias and to examine ways to counteract it.  Familiarity with the work of Mahjarin Banaji, one of the founders of Project Implicit, made me hopeful. Heck, even the title of the book she co-authored--Blind Spot: The Hidden Biases of Good People—suggested that we could do better. We can become of aware of our biases. Then once aware, we can work to counteract and nullify them.

In this current era, however, with the coarsening of so much discourse and the re-emergence of hard misogyny, I now find myself wishing for “only” soft misogyny.  In our President, we have a man whose objectification of women, even his own daughter, is out in the open for all to see. A man who bragged about sexual assault, dismissed it as meaningless locker-room talk, and was elected president.

The hard misogyny was also clear in the treatment of Hillary Clinton in the presidential race.  Sure, soft misogyny was there too—I had to examine some of my concerns about Clinton to see my own implicit bias was at play. 

But the simultaneous demonization and disqualification of Ms. Clinton by many on the basis of her gender surely flips the switch to hard misogyny. We could start with Ted Cruz’s reference to her deserving a spanking and end a long while later after reviewing the virtually endless sexist and often violent references.  To make matters worse, some of the misogynistic language and behavior seems mild compared to the racial hatred that it is now acceptable to spew.

The President has made division and hatred great again. The “other” looms large as America’s boogeyman. The biases that everyone has are things to be celebrated and revered, not weaknesses to rise above.

 I had harbored hope that the weight of the presidency would sober Trump. That it would call to his better angels. That he would gain awareness of the historical and moral nature of his deeds and words. That he would be more circumspect. I was wrong.  And now I long for soft misogyny.

November 6, 2017 in Gender Oppression, Justine Dunlap, Women's Rights | Permalink | Comments (0)

Thursday, October 12, 2017

False Equivalency and Bias

Those of us litigating intimate partner abuse cases have been privy to the tactic of false equivalencies as a means of protecting male privilege.  One particularly vexing case I tried resulted in extensive findings of the husband's abuse of the wife.  The judge found also that the wife had been inhospitable to her mother-in-law.  The latter finding was justification for the judge to ignore the abuse in fashioning remedies.  Consequently, the husband's abusive behavior remained unconsidered when the judge gave unfettered access to the children.  This is not an isolated case.  In both petitions for civil protection orders and family law decisions, courts fail to protect partners and children if the abused partner failed to behave in the perfect, mythical manner embedded in the judge's stereotypes.  In these cases, false equivalency is used to protect white male privilege.  The faulty premise can also be used as a sword.

The same discriminatory technique plays out in race cases, as well.  A particularly shocking example happened this week in Virginia.  A magistrate issued a warrant for DeAndre Harris, a black man who had been viciously beaten by white supremacists following a  "Unite the Right" rally.  Mr. Harris suffered spinal injuries and a head wound requiring ten stitches.  Then a man who claims to be an attorney and a "Southern Nationalist" filed a police report and then a request for a warrant for the arrest of Mr. Harris alleges "unlawful wounding", a felony.  In Virginia a magistrate may issue the warrant, even where, as in this case, a police investigation is complete.   As in civil protection order hearings where abusers file retaliatory petitions for protection orders, the goal is to discredit the victim.  An additional benefit is the victim's reluctance to appear in court given that the victim could have adverse consequences.  Dropping the cross complaints is often the result, leaving the victim unprotected and reluctant to seek future help. 

My sense is that this is the goal of the white supremacist.  While three men have been arrested for beating Mr. Harris, cross charges will adversely impact any jury.  Confusion and reluctance to convict will result.

This is the time for courageous prosecutors and police to step up and request dismissal of the charges for lack of evidence and because the allegations are retaliatory.  

 

 

October 12, 2017 in Gender Oppression, Gender Violence, Margaret Drew, Race | Permalink | Comments (0)

Wednesday, July 26, 2017

Trump Bans Transgender People From Military Service- A Human Rights Slaughter

In an effort to show his conservative base that he has not lost his way, on Wednesday President Trump announced that he is banning all transgender individuals from military service.  President Trump hid behind medical expenses that he claims the government incurs in supporting trans military personnel.  The PBS Newshour estimated that the transgender related medical costs incurred by the government is around $2,000,000 per year.  The military spend approximately $10,000,000 per year on Viagra and related drugs.  The New York Times reported estimates of fewer than 2,500 and later up to 11,000 transgender individuals on active duty.  But the  National Center for Transgender Equality places the number at 15,000.00.   Trump said that he would not accept or allow trans soldiers to serve.  While undefined at the moment, this language indicates that trans individuals on active duty will be forced to leave the service.  The loss of 15,000 military personnel would be significant.

The trans community is among the most disadvantaged in our society.  Trans and other sexually non-conforming individuals face a higher rate of sexual assault and other abuse than the general population.  Housing, employment and other opportunities are limited due to discrimination.  Now the president has banned trans individuals from one path to earning a living that was open to them.  Further, the move implies that trans people are not capable of defending our country and of participating in work that is open to others.  The pronouncement, and the public shaming that it triggers, is cruel.

This latest presidential move points out the ever expanding need for human rights advocacy at home.  

To read more, here is commentary from the New Yorker

UPDATE- Military chiefs are refusing to implement Trump's edict unless ordered to by the Secretary of Defense.

 

 

July 26, 2017 in Economic Justice, Gender Oppression, Margaret Drew, Military | Permalink | Comments (0)

Sunday, July 2, 2017

PRIDE


Image1June was filled with international Pride events. Let's not lose perspective and forget that public Pride demonstrations still require courage of the LGBTI community.  Marriage equality success can present sexual identity freedom and acceptance as a false norm.  

Being anything but "straight" remains unsafe.  

The criminalization of  HIV-AIDS exists in the majority of US jurisdictions, with many of those making it a crime for an individual living with HIV to have sex with another  without disclosure of the HIV status and that person's informed consent.  These statutes often do not require proof of intent to transmit the disease; and actual inability to transmit the disease due to effective medical intervention presents no defense.  The enforcement of these laws primarily against people of color is not unnoticed. 

Members of the LGBT community are more likely to be the targets of US hate crimes than any other minority.

Leigh Goodmark has written on the extraordinarily high rates of abuse against trans women.

While we celebrate the expansion of legal equality, let's remember that the specific "equalities" recognized are more along the path of joining heterosexual norms, rather than a celebration of sexual minorities as respected individuals who may equally participate in our society upon their terms.  Those "equalities" remain, in fact, narrow.  We must exlore whether what our culture encourages is more than demanding conformity with heterosexually based cultural institutions.

Let's try to correct and avoid heterosexuality as the norm.  Whiteness as the norm in fashioning race based remedies has resulted in the endurance of bias, implicit and explicit.  We are early in the journey of ensuring effective remedies for members of the LGBTI community.  Will we avoid the mistakes of the past in forcing alignment with false norms?   We will have some indication from SCOTUS next term.

 

 

 

July 2, 2017 in Gender, Gender Oppression, Gender Violence, LGBT, Margaret Drew | Permalink | Comments (0)

Sunday, May 21, 2017

Forced Marriage of Minors in the US - A Human Rights Issue

During a recent Boston demonstration against forced marriage of minors, word came that Image1Governor Christie vetoed a bill overwhelmingly passed by the New Jersey legislature that would restrict marriage to those who are age 18 and older - no exceptions.  Among the reasons Christie cited for his veto was that the bill was contrary to some "religious customs".  Those religious customs are part of the silencing of females and undermining their autonomy. 

Forced marriage is something Americans associate with foreign countries.  And when the topic is raised in the US, citizens associate the practice with some immigrant cultures.  While the practice may be more common with certain cultural and religious groups, forced marriage of children is not limited to those born outside of the United States.  "Shotgun" weddings have a long history in US Christian tradition and  resulted in no fewer forced marriages than other religions and cultures.

Unchained At Last was founded by Fraidy Reiss, herself a survivor of forced marriage.  Hers  Image1
was arranged in a conservative religious community and, like the majority of teen marriages, was to an older man who abused her.   After several years, Fraidy was able to escape the abusive marriage with her children.  She attended Rutgers University against her husband's demands and became an investigative journalist.   Fraidy graduated first in her class.  She recognizes that most women are limited in their ability to escape abusive forced marriages due to lack of "finances,  religious law and social customs."  She founded Unchained at Last to assist women in escaping from and resisting forced marriages.  Unchained is leading forced marriage prevention legislation demonstrations across the county

Representative Kay Khan and Senator Harriet Chandler filed a Massachusetts bill that would restrict marriage to those age 18 and older, without exception.  Parents would no longer have the ability to assent to a minor's marriage, judges would have no ability to waive the age requirement and pregnancy would no longer provide justification for underage marriage.  Currently in Massachusetts, there is no minimum age for children to marry with judicial and parental consent.  

May 21, 2017 in Gender Oppression, Gender Violence, Margaret Drew, Women's Rights | Permalink | Comments (0)

Thursday, March 30, 2017

Breaking News: North Carolina Repeals HB2

by Jeremiah Ho

Today the North Carolina state legislature voted to repeal HB2, the infamous bathroom bill from 2016 that restricted transgender individuals from using the public restrooms that reflected their gender identities.  The repeal was completed with a compromise bill that was signed this afternoon by the new governor, Roy Cooper.  The repeal was sought, in part, because of the economic threats resulting from big business boycotts in reaction to last year's bill.  Observe that North Carolina still does not have antidiscrimination laws protecting LGBTQ individuals. 

Here is the New York Times coverage.

This is the second time that threatened economic consequences have been effective in changing  North Carolina policy that discriminated against members of the LGBT community.  See our prior coverage.

March 30, 2017 in Gender, Gender Oppression, Jeremiah Ho, LGBT | Permalink | Comments (0)

Monday, March 20, 2017

Judge Gorsuch and Women

Over the course of the past few weeks, women's organizations have reviewed Judge Gorsuch's record  in an attempt to determine his understanding of the myriad legal issues women face.  Judge Gorsuch by and large has not appreciated the difficulties of women's lives and how laws and policies can have a disparate impact on them. 

The National Association of Women Lawyers found Judge Gorsuch to be "not qualified" on women's issues.  The organization's Supreme Court Committee members, of which the author is one, review candidates' opinions and other writings and conduct interviews with a wide number of people who have interacted with the candidate in various capacities.  While the committee found that Judge Gorsuch generally treated litigants and lawyers with respect, and that he has the intellectual capacity for the position, his record on issues important to women displays a lack of understanding.  In a press release containing the committee's findings, the committee noted concerns around the Judge's giving religious freedom rights deference over women's reproductive rights.  Likewise, the committee noted "Judge Gorsuch's writing also exhibits a reluctance to recognize precedent that applies substantive due process to protect the rights of women."  The committee further noted concern in other areas, including his failure to recognize transgender women as women thus denying them rights that are afforded to other women.

The National Women's Law Center also issued their report on Judge Gorsuch.  Concerned with Judge Gorsuch's lack of support for regulatory authorities, the Center's press release stated:  "Judge Gorsuch has explicitly praised Justice Scalia's approach to the law. While he has not opined on Roe v. Wade, he voted to override a woman's coverage of contraception if her boss objected. Justice Scalia was highly skeptical that courts should defer to the interpretations of laws by expert government agencies - and Judge Gorsuch would go even further, making it harder for agencies to implement the laws that have literally opened doors of opportunity for women and girls."

March 20, 2017 in Gender, Gender Oppression, LGBT, Reproductive Rights | Permalink | Comments (0)

Tuesday, January 24, 2017

Thank You, President Trump

Over the past few decades, I wondered what it would take for women to mobilize.  Increasingly, we have been disrespected.  "Bitch" has come into conversational use.  Music is often disrespectful toward us and we continue to bear the brunt of familial care-giving and then penalized for it in the workplace.  Why were women being so passive?  We failed to pro-actively and collectively use our power.

Donald Trump's election as president mobilized women in a way unseen in the history of this country, if not all of the world?  Did the election of a sexual predator clarify women's vision of the future for us and our planet?  We were able to mobilize to protect the next and future generations of daughters and sons.   Because the next generation is in danger of living in a regressive and more repressive culture, women rose.   Image1

Solidarity among sisters world wide informs us of the power of women.  Women are out of the closet in a way unseen in America.  Never before has the international sisterhood organized so effectively.  

Trump is not the only one threatening our rights.  Government supports institutional oppression while the media mostly portrays women in ways that diminish their autonomy and existence, whether you are a presidential candidate or a single mom trying to make it through the day.  

Our obligation to future generations and to the planet is to keep our power in play for good.  The out of sync patriarchal world has resulted in violence, corruption and spiritual decline.  The time is now for women to restore the world to balance, not eliminate the masculine, but bring the masculine and feminine into balance.

None of this would have happened but for the actions of Mr. Trump.    

 

 

January 24, 2017 in Equality, Gender Oppression, Global Human Rights, Margaret Drew | Permalink | Comments (0)

Tuesday, January 17, 2017

Russia Moves to De-Criminalize Much of Family Violence

Russia has taken the first step to de-criminalize much of domestic violence.  The pending bill would de-criminalize acts of abuse that do not result in "serious injury" and would apply not only to intimate partners but to children.  Such matters will be treated administratively for first offenses.  

The bill was introduced by attorney and member of parliament Yelena Mizulina who in the past has  Image1
sponsored anti-gay legislation and other legislation preserving "traditional" family norms.  Traditional, of course, should be interpreted as anti-human rights.  

While there is no central data base in Russia tracking domestic violence, one source estimates that domestic violence happens in 40% of Russian households with 36,000 women beaten daily by intimate partners.  12,000 Russian women die from domestic violence each year.  

Women in the US are experiencing more than a backlash.  Women report dramatically increased sexual harassment and sexual assaults post election. This is not a climate where women can expect legal protections to be either maintained or enforced.    The incoming U.S. government has expressed admiration for Russia.  Will this include promoting and mimicking the pending Russian anti-female legislation? You know how friends can influence friends. 

 

 

January 17, 2017 in Domestic Violence, Gender Oppression, Margaret Drew | Permalink | Comments (0)

Monday, November 28, 2016

November 29: International Women's Rights Defender's Day

Special Rapporteur on Violence Against Women,  Dubravka Simonovic, spoke about global concerns of increased risks to women as fundamentalism and "populism" rise around the Image1globe.    A group of UN human rights experts including Simonovic, Alda Facio, Chairperson-Rapporteur of the Working Group on the issue of discrimination against women in law and in practice; and Michel Forst, Special Rapporteur on the situation of human rights defenders, issued a joint statement expressing the concerns of many women around the globe.

“In the face of rising populism and fundamentalisms and deplorable setbacks on the women's human rights agenda, we need more than ever to unite our forces to preserve the democratic space in which women human rights defenders represent an essential counter-power and a colossal force of action.” 

"The experts highlighted a host of specific challenges faced by women rights defenders – including misogynistic attitudes, threats of sexual assault, travel bans, lack of protection and access to justice, imprisonment, killings, laws which violate their rights, gender-based defamation questioning their “femininity” or sexuality, and gender stereotyping which questions their engagement in public life instead of sticking to their caretaker role in the family."

US women recognize the fragility of their advances in the post-Trump climate.  

What supports the concerns of US women is the fact that there has been no general outcry from men denouncing the wave of misogyny that has let lose since the Trump campaign began.  If men are not willing to risk the ridicule of other men by taking a public stand against misogyny, how can women be safe? Particularly silent are the men of Congress.  Are all too busy worrying about how to get along with the incoming president? Or they are concerned with how to retain their seats and have Trump's support.  This is no time for cowards to represent us.  But bravery has not been a hallmark of many of our male representatives for some time.  The few vocal male congressional supporters are insufficient to create change. There was some hope when Republican leadership publicly stated they could not support Trump because of his videotaped remarks. But that assessment seems to have diminished in the race to preserve their status.  Respecting and accepting the process is very different from silence in the face of bias.   

 

November 28, 2016 in Discrimination, Gender Oppression, Margaret Drew, Women's Rights | Permalink | Comments (0)

Sunday, November 13, 2016

Post-Election Advocacy by Women

Women's human rights have been under siege as long as I can remember.  But certainly since Roe v. Wade, eliminating women's autonomy in all aspects of their lives, and particularly in health care decisions, has been the focus of (mostly) white men and particularly those in Congress.

The convergence of sexual assault protests and concerns over abortion restrictions bring autonomy concerns into clearer focus. Both issues highlight many men's belief that they have the right to control female bodies no matter how personal the decision or how criminal the act that a man is perpetrating.  Other issues that may seem disconnected from the issue stem from men's attempts to  control women's bodies.  Restrictions on public breastfeeding is one.  Forcing working women who choose not to abort to return to work prematurely is another.  Before their bodies are fully healed from childbirth, mothers are back on the job because maternity leave of sufficient duration is often lacking, even in the rare instances where leave is paid. Employment harassment is difficult to prove, and often dismissed on summary judgment, even when there is proof of lewd comments or other actions directed toward the woman and her body.

The Trump election has prompted women to public advocacy.  Women's advocacy in the form of public demonstrations has been largely dormant for the past two decades.  That is changing.

On January 21, 2017 women will march on the capitol.  The Women's March on Washington, formerly called the Million Women's March, will take place on the Washington Mall and women and allies are invited.  The demonstration is in response to women's concerns that they will lose rights because of Mr. Trump's election and promises to be the largest protest to date.  Taking place the day after the inauguration, women will voice concerns over the enhanced violence against women, including rape culture, pay equity and the return of women to property status, among other issues.

More information on the march may be found on Facebook.  Since the march is being organized state by state, many states have already set up Facebook pages. 

One significant flaw in US women's movements has been the exclusivity of white leadership.  Indeed, the early violence against women movement barely acknowledged women of color as significant, despite their increased vulnerability to gender based violence.  Last week, women of color held a post-election demonstration in NYC.  Linda Sasour of MyMuslimVote told the demonstrators “We don’t want to be the generation that says ‘never again,’ and then things happen on our watch. Let us be different.”

If you visit the March on Washington facebook page, why not suggest that leadership be turned over to women of color.   Otherwise we perpetuate an unnecessary and disrespectful divide within our gender.

November 13, 2016 in Gender Oppression, Margaret Drew, Sexual Assault, Sexuality | Permalink | Comments (0)

Tuesday, October 11, 2016

Misogyny Nation

I am neither surprised nor outraged at the latest disclosed remarks on Trumps physical assaults on women.  I never expected anything other than Mr. Trump's hatred for and abuse of women.  I am sad that as a nation America disrespects women.  

The signs were all there.  A history of calling women pigs, dogs and slobs; two lawsuits against him that allege either rape or attempted rape; assigning wives to traditional roles; disparaging one reporter's disability and another's menstruation, and more.  Combine that with other behavior and comments offending almost every group that is not white, rich and Christian and we Image1have all the indicia of misogyny and racism.  

Why wasn't the previously exposed behavior sufficient to cause the outrage we are now observing?  Because Americans minimize the impact of disrespectful behavior.  I thank the Washington Post for the latest disclosures.  Apparently hateful behavior will be challenged only if extreme.  If Trump is elected president, we could be a long way toward fascism before the populace even considers taking action.   To say nothing of women being exponentially more unsafe from physical assault than they are today. (For a humorous response to this failure to respond  to Trumps earlier disrespectful comments see John Oliver's comments.)


Image1This climate of tolerance and refusal to demand consequences for disrespectful behavior is fertile ground for the elimination of access to basic human rights.  We have traveled a good way down the disrespect road already.   I am not convinced that we will avoid human rights horrors in our future.

Responses to the latest revelations have been universally condemning. This may give us a reprieve from total devolution, but until the country is willing to protect each of us from the indignities of misogyny and dismissiveness, I fear that our travel toward the hateful nation may have slowed, but not stopped.  

 

 

 

October 11, 2016 in Gender Oppression, Gender Violence, Margaret Drew | Permalink | Comments (0)

Sunday, September 18, 2016

Mainstream Media Might Elect President Trump

I do not recall a presidential campaign where news coverage of the candidates was so lopsided.   Donald Trump would be trailing Hillary Clinton by quite a bit except for the publicity he has been provided at the expense of a campaign that actually focuses on issues.  Thanks to reality tv and exploitative, rather than balanced, journalism, the "soundbite" method of reporting has been an advantage to Mr. Trump.  Bullies are ready producers of soundbites.  More respectful folks are not.  The nation now believes that Mr. Trump has just about an equal chance of being elected president, largely a media creation. The media kept Donald Trump in the spotlight for years with his false "birther" claims.  The media knew these claims were ridiculous but supported the offensive and racist theory by providing coverage any time that Mr. Trump yelled "birther".  If anyone else had made such a claim, it is doubtful the Times  would have printed the story.  But because a rich bully said it, media printed the defamatory allegations over and over, thus providing another distraction from President's Obama's number one task of governing.

The lopsided coverage continues.

Take for example, today's poll as reported by the NYT. The reporting soundbites give more credibility to the Trump campaign than is deserved.  The lead reads "Our poll shows a nearly even split among voters nationally, with Donald Trump seen as riskier but more potentially transformative and Hillary Clinton seen as safer and more temperamentally suited for the job."  The transformation question was designed in a way that gives Mr. Trump a more positive bounce than he otherwise would have.  No information was given to the type of transformation we could expect from a Trump presidency.  Media can not stand behind faux neutrality to defend coverage that pretends Mr. Trump's brand of transformation is anything but dangerous to millions of voters and others living within our borders. 

Misogyny is substituting for the racism of the last two elections. The press would do well to acknowledge the undercurrent of hatred that drives Mr. Trump's campaign.  Recently Mr. Trump suggested that his opponent's government provided protection should stand down so that we could "see what happens to her." Earlier Mr. Trump encouraged supporters to rebel against Mrs. Clinton should she be elected.  Perhaps the headlines should have read that Mr. Trump is planting the seeds of violence and treason, whose growth will be seen post election.  Mr. Trump provided the perfect opening for an article on the dangers portended by his rise.  Reporting on the dangers Mr. Trump creates might have been a better service to readers than providing shocking but dangerous soundbites originating with the  Republican nominee.  For anyone who doubts the role of misogyny in this campaign, watch this disturbing interview with the Trump supporter whose t-shirt reads "Trump that Bitch".  

More credible reporting would characterize Mr. Trumps remarks as what they are:  divisive and dangerous.    Our mainstream media has fallen for the bully's tactics through its coverage.  You cannot stop bullies from speaking the outrageous.  But you can encourage  their escalation through reporting the sensational soundbite slogans while avoiding discussion of the consequences.

September 18, 2016 in Discrimination, Gender Oppression, Margaret Drew | Permalink | Comments (0)