White House Support for LGBT Rights

From the formal statement of President Obama’s agenda on civil rights (here):

Support for the LGBT Community

“While we have come a long way since the Stonewall riots in 1969, we still have a lot of work to do. Too often, the issue of LGBT rights is exploited by those seeking to divide us. But at its core, this issue is about who we are as Americans. It’s about whether this nation is going to live up to its founding promise of equality by treating all its citizens with dignity and respect.”— Barack Obama, June 1, 2007

  • Expand Hate Crimes Statutes: In 2004, crimes against LGBT Americans constituted the third-highest category of hate crime reported and made up more than 15 percent of such crimes. President Obama cosponsored legislation that would expand federal jurisdiction to include violent hate crimes perpetrated because of race, color, religion, national origin, sexual orientation, gender identity, or physical disability. As a state senator, President Obama passed tough legislation that made hate crimes and conspiracy to commit them against the law.
  • Fight Workplace Discrimination: President Obama supports the Employment Non-Discrimination Act, and believes that our anti-discrimination employment laws should be expanded to include sexual orientation and gender identity. While an increasing number of employers have extended benefits to their employees’ domestic partners, discrimination based on sexual orientation in the workplace occurs with no federal legal remedy. The President also sponsored legislation in the Illinois State Senate that would ban employment discrimination on the basis of sexual orientation.
  • Support Full Civil Unions and Federal Rights for LGBT Couples: President Obama supports full civil unions that give same-sex couples legal rights and privileges equal to those of married couples. Obama also believes we need to repeal the Defense of Marriage Act and enact legislation that would ensure that the 1,100+ federal legal rights and benefits currently provided on the basis of marital status are extended to same-sex couples in civil unions and other legally-recognized unions. These rights and benefits include the right to assist a loved one in times of emergency, the right to equal health insurance and other employment benefits, and property rights.
  • Oppose a Constitutional Ban on Same-Sex Marriage: President Obama voted against the Federal Marriage Amendment in 2006 which would have defined marriage as between a man and a woman and prevented judicial extension of marriage-like rights to same-sex or other unmarried couples.
  • Repeal Don’t Ask-Don’t Tell: President Obama agrees with former Chairman of the Joint Chiefs of Staff John Shalikashvili and other military experts that we need to repeal the “don’t ask, don’t tell” policy. The key test for military service should be patriotism, a sense of duty, and a willingness to serve. Discrimination should be prohibited. The U.S. government has spent millions of dollars replacing troops kicked out of the military because of their sexual orientation. Additionally, more than 300 language experts have been fired under this policy, including more than 50 who are fluent in Arabic. The President will work with military leaders to repeal the current policy and ensure it helps accomplish our national defense goals.
  • Expand Adoption Rights: President Obama believes that we must ensure adoption rights for all couples and individuals, regardless of their sexual orientation. He thinks that a child will benefit from a healthy and loving home, whether the parents are gay or not.
  • Promote AIDS Prevention: In the first year of his presidency, President Obama will develop and begin to implement a comprehensive national HIV/AIDS strategy that includes all federal agencies. The strategy will be designed to reduce HIV infections, increase access to care and reduce HIV-related health disparities. The President will support common sense approaches including age-appropriate sex education that includes information about contraception, combating infection within our prison population through education and contraception, and distributing contraceptives through our public health system. The President also supports lifting the federal ban on needle exchange, which could dramatically reduce rates of infection among drug users. President Obama has also been willing to confront the stigma — too often tied to homophobia — that continues to surround HIV/AIDS.
  • Empower Women to Prevent HIV/AIDS: In the United States, the percentage of women diagnosed with AIDS has quadrupled over the last 20 years. Today, women account for more than one quarter of all new HIV/AIDS diagnoses. President Obama introduced the Microbicide Development Act, which will accelerate the development of products that empower women in the battle against AIDS. Microbicides are a class of products currently under development that women apply topically to prevent transmission of HIV and other infections.

-Bridget Crawford

Share
Posted in Feminism and Law, LGBT Rights | Comments Off on White House Support for LGBT Rights

Warning to Rebellious Women

null

Taken at Obama’s inauguration yesterday by Gerry Canavan. Via.

Share
Posted in Feminism and Religion | Comments Off on Warning to Rebellious Women

Title IX Victory at the Supreme Court

Earlier this morning, the Supreme Court unanimously decided, in Fitzgerald v. Barnstable School Committee, that a plaintiff bringing a Title IX claim is not precluded from also bringing a constitutional claim against the school.   I am thrilled that I was wrong with my prediction in December that the Court would rule against Title IX plaintiffs.   Even more surprising to me is that the decision was unanimous and written by Justice Alito.   It’s great to see the Court get this obvious legal issue right when so many circuit courts got it wrong.

– David S. Cohen

Share
Posted in Feminism and Law | Comments Off on Title IX Victory at the Supreme Court

Feminist Playlist?

Over here (I moved it so it wouldn’t play automatically) are just the first six songs in mine. Yours may differ! Feel free to give me suggestions in the comments, or make you own here. NB: I’m promoting this because it’s fun, not for any commercial reason.

–Ann Bartow

Share
Posted in Bloggenpheffer | Comments Off on Feminist Playlist?

You might have missed the Rev. Gene Bishop’s invocation yesterday.

Because it was excluded from the televised broadcast, possibly at the request of Obama’s Presidential Inauguration Committee, which if true, is infuriating. You can watch and listen to Bishop give the invocation via YouTube here:

Via.

Share
Posted in Feminism and Politics, LGBT Rights | Comments Off on You might have missed the Rev. Gene Bishop’s invocation yesterday.

”Good Hair”

Read about Chris Rock’s new documentary by this name here, at the NYT. Below is an excerpt:

While loaded with the 43-year-old actor-comedian’s wisecracking humor, ”Good Hair” also raises serious questions about identity and equality among black women who feel they need long, straight, silky hair to fit into white society.

”It’s this whole thing about approval. That approval is not simply, `I want white people to love me.’ It’s like, `I need a job. I want to move forward, and if I have a hairstyle that is somewhat intimidating, that’s going to stop me from moving forward,”’ said Nelson George, executive producer of ”Good Hair.”

The photo is from here, the Sundance site about “Good Hair.”

On a related note, the Angry Black Woman has a long and informative post about hair here.

Share
Posted in Feminism and Culture, Race and Racism | Comments Off on ”Good Hair”

http://reproductiverights.org/

New website!

Share
Posted in Feminist Blogs Of Interest, Reproductive Rights | Comments Off on http://reproductiverights.org/

The Women of San Francisco

How about a shout out to the great women of San Francisco who led President-Elect Barack Obama into history today! Senator Dianne Feinstein and Speaker Nancy Pelosi, (not to mention Senator Barbara Boxer who featured in this post earlier this week about Senator Clinton’s confirmation hearing). What a great scene!

–Sharon Sandeen

Share
Posted in Feminism and Politics | Comments Off on The Women of San Francisco

FUNDAMENTALIST PRESSURE IN NORTH WEST FRONTIER PROVINCE OF PAKISTAN, HAS LED TO ALARMING VIOLENCE AND DISCRIMINATION AGAINST GIRLS AND WOMEN

From Equality Now:

In late December 2008 the Taliban ordered a ban on girls’ education in the district of Swat in the North West Frontier Province of Pakistan.   The announcement made by an extremist cleric, Maulana Fazlullah through an illegal FM radio station, asked all parents to remove their daughters from school (both private and public) by 15 January 2009, failing which schools would be bombed, girls murdered and, like the recent case in Afghanistan, acid thrown in their faces.

The Taliban have come to play an increasing role in the Swat valley and the Federally Administered Tribal Areas (FATA) over the past two years.  According to media reports, in the last 14 months they have destroyed 100 schools in Swat affecting about 70,000 girls.  If the education ban is not effectively challenged, it is estimated that an additional 40,000 girls will be denied their basic right to education.

Women in Swat have also been deeply affected by the growing prominence of the Taliban in other ways.  The Taliban have threatened to take dire action if women are found outside their homes without the company of male family members and identity cards.  In addition, they have ordered the complete veiling of women.  Media reports estimate that about a dozen women have been shot for”immoral activities,”including women such as Bakht Zeba, a 45-year-old councilor committed to advancing girls education.   Local NGOs have confirmed to Equality Now that the situation for women and girls in FATA and more recently Swat, are grave.

Pakistan’s government is reportedly considering the application of Shariah law within these areas as a way to end conflict with militants, although it appears as if fundamentalists have already established their own courts in many areas to enforce Shariah and have introduced public executions for those who break it.   Government sanction of a parallel legal system interpreted by those who deny the basic rights of women and girls is both unconstitutional and unacceptable.

The responsibility to ensure that the right to education of any Pakistani girl is not threatened or compromised, including through acts of non-state actors, rests with the Government of Pakistan.   In particular, Articles 25 and 34 of the Pakistani Constitution require that the State remove discrimination and ensure the full participation of women in all spheres and Article 37 requires the State to”remove illiteracy and provide free and compulsory secondary education within the minimum possible period”and”make technical and professional education generally available and higher education equally accessible to all on the basis of merit.”   In addition, Pakistan has ratified various international conventions which obligate it to ensure gender equality and to guarantee the rights to education, including the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Equality Now is calling on the Government of Pakistan to take immediate action, coordinated between law enforcement, legislature (national and provincial), the Ministry of Education and other line ministries to ensure women and girls in FATA and Swat are able to fully exercise their rights without fear of violence or intimidation including the access of all girls to school as well as their security in school.   In addition, the Government should reject the endorsement of any alternative legal system which does not guarantee to all citizens the rights provided under the Pakistani Constitution and the international human rights instruments to which Pakistan is a party.   Please write to the officials listed below asking them to give immediate and urgent attention to eliminate the threat to girls’ education in Swat and to curb all moves to reduce or deny women’s rights in Pakistan.

President Asif Ali Zardari
President of Pakistan
President’s Secretariat
Islamabad
Pakistan

***

Dr. Fehmida Mirza
Speaker, National Assembly of Pakistan,
Parliament House, Islamabad, Pakistan
E-mail: speaker@na.gov.pk

***

Meer Hazar Khan Bijarani
Minister of Education
Ministry
of Education
Islamabad, Pakistan
Tel: (0092-51) 920-1392, 921-2020
E-Mail: minister@moe.gov.pk

Please keep Equality Now updated on your work and send copies of any replies you receive to:
info@equalitynow.org or www.equalitynow.org

Share
Posted in Feminism and Law, Feminism and Politics, Feminism and Religion, Guest Blogger, Sisters In Other Nations | Comments Off on FUNDAMENTALIST PRESSURE IN NORTH WEST FRONTIER PROVINCE OF PAKISTAN, HAS LED TO ALARMING VIOLENCE AND DISCRIMINATION AGAINST GIRLS AND WOMEN

“We are a nation of Christians and Muslims, Jews and Hindus : and non-believers.”

I’ll leave others to unpack President Obama’s entire inaugural address. I just wanted to note with appreciation that he acknowledged “non-believers.”

–Ann Bartow

Share
Posted in Feminism and Politics | Comments Off on “We are a nation of Christians and Muslims, Jews and Hindus : and non-believers.”

Spirit Airlines Tries To Charge Cancellation Fees On Passengers It Put On Flight 1549 (yes, the one that landed in the Hudson River).

From here:

Rob and Jeff Kolodjay were scheduled to fly on Spirit Airlines to a golf vacation with four other friends on Thursday out of LaGuardia in New York City. Their flight got cancelled, and they rebooked their flight to US Airways flight 1549.

While the Kolodjay’s have good things to say about US Airways, they are less pleased about the policies of their original carrier. When they tried to cancel the return tickets on Spirit they could not use because they never made it to Myrtle Beach, the company representative insisted on charging them a cancellation fee.

Rob Kolodjay said his conversation was blunt,”We survived this air crash and I need your credit card number, he said ‘and our policy is we’re going to charge you $90.””

It’s unclear if Spirit plans to try to collect the fee, however, the credit card the group was booked with is still on the plane, which is sitting on a barge in the Hudson River.

US Airways has been more accommodating according the Kolodjays. They claim their luggage might be returned to them soon, including Jeff’s now lucky set of golf clubs.

An update notes that Spirit Airlines has backed off its demand, one has to guess in response to the bad online press it was receiving, which I felt compelled to amplify here given the ruthless and/or clueless audacity initially at work.

–Ann Bartow

Share
Posted in Travels | Comments Off on Spirit Airlines Tries To Charge Cancellation Fees On Passengers It Put On Flight 1549 (yes, the one that landed in the Hudson River).

A Minor Tax Victory for Non-Traditional Families

In a non-precedential decision in Leonard v. Commissioner (T.C. Summary Opinion 2008-141) (full opinion here), the Tax Court permitted a pro se taxpayer to take dependency exemption deductions for the grandchildren of her “friend,” an adult woman with whom the taxpayer had been living for 11 years.  The taxpayer had furnished more than one-half of the cost of maintaining a joint household for herself, her “friend” and the friend’s two grandchildren.  

Ordinarily, the IRS would not permit a taxpayer to take a dependency exemption for an unrelated person’s grandchildren.  However, because the taxpayer’s “friend” was not required to file an income tax return, and did not file a return (her income was below the minimum threshold for filing), the Tax Court permitted the deductions by the taxpayer.  

The pro se taxpayer herself reported AGI of less than $30,000.  She took the case all the way to the Tax Court and won!

-Bridget Crawford

Share
Posted in Feminism and Families, LGBT Rights, Women and Economics | Comments Off on A Minor Tax Victory for Non-Traditional Families

That “Report on Enhancing Child Safety and Online Technologies”

A production of the Berkman Institute for Internet & Society at Harvard Law School, it’s available here.   Below is an excerpt from the Executive Summary:

At the outset, the Task Force recognized that we could not determine how technologies can help promote online safety for minors without first establishing a clear understanding of the actual risks that minors face, based on an examination of the most rigorously conducted research. The Task Force asked a Research Advisory Board comprising leading researchers in the field to conduct a comprehensive review of relevant work in the United States to date. The Literature Review shows that the risks minors face online are complex and multifaceted and are in most cases not significantly different than those they face offline, and that as they get older, minors themselves contribute to some of the problems. In broad terms, the research to date shows:

• Sexual predation on minors by adults, both online and offline, remains a concern. Sexual predation in all its forms, including when it involves statutory rape, is an abhorrent crime. Much of the research based on law-enforcement cases involving Internet-related child exploitation predated the rise of social networks. This research found that cases typically involved post-pubescent youth who were aware that they were meeting an adult male for the purpose of engaging in sexual activity. The Task Force notes that more research specifically needs to be done concerning the activities of sex offenders in social network sites and other online environments, and encourages law enforcement to work with researchers to make more data available for this purpose. Youth report sexual solicitation of minors by minors more frequently, but these incidents, too, are understudied, under reported to law enforcement, and not part of most conversations about online safety.

• Bullying and harassment, most often by peers, are the most frequent threats that minors face, both online and offline.

• The Internet increases the availability of harmful, problematic and illegal content, but does not always increase minors’ exposure. Unwanted exposure to pornography does occur online, but those most likely to be exposed are those seeking it out, such as older male minors. Most research focuses on adult pornography and violent content, but there are also concerns about other content, including child pornography and the violent, pornographic, and other problematic content that youth themselves generate.

• The risk profile for the use of different genres of social media depends on the type of risk, common uses by minors, and the psychosocial makeup of minors who use them. Social network sites are not the most common space for solicitation and unwanted exposure to problematic content, but are frequently used in peer-to-peer harassment, most likely because they are broadly adopted by minors and are used primarily to reinforce pre-existing social relations.

• Minors are not equally at risk online. Those who are most at risk often engage in risky behaviors and have difficulties in other parts of their lives. The psychosocial makeup of and family dynamics surrounding particular minors are better predictors of risk than the use of specific media or technologies.

• Although much is known about these issues, many areas still require further research. For example, too little is known about the interplay among risks and the role that minors themselves play in contributing to unsafe environments.

The report is an interesting read, and the conclusions are more tentative and nuanced then some media reports made it sound. In fairness I should note that a rebuttal to some of its conclusions was offered here by this organization.

On a tangential note, every single Berkman Institute faculty member is a dude.

–Ann Bartow

Share
Posted in Academia, Feminism and Technology | Comments Off on That “Report on Enhancing Child Safety and Online Technologies”

Seven States Sue To Block ‘Conscience Rule’

Illinois, California, New Jersey, Massachusetts, Rhode Island and Oregon joined Connecticut’s lawsuit:

… to block an impending federal rule that critics say will allow health care providers to deny care, including emergency contraception to rape victims, with no recourse for patients.

The Provider Conscience Rule, one of several controversial regulation changes pushed through federal agencies in the final months of the Bush administration, is scheduled to take effect Tuesday and reinforces protections for health care workers and institutions that refuse to provide services they object to.

The so-called “midnight regulations,” which also include measures that loosen environmental safeguards, add restrictions to the Family and Medical Leave Act and increase the number of hours truckers can drive, can be reversed only through a lengthy rule-making process or blocked by an act of Congress.

In filing the lawsuit, Attorney General Richard Blumenthal is seeking an injunction to stop the Provider Conscience Rule from taking effect. The lawsuit also asks the court to invalidate the regulation.

Blumenthal said the rule would allow health care providers or pharmacists to deny a patient medical care without explanation or offering the patient a referral or information on alternatives, upsetting the balance between health providers’ religious freedom and patients’ rights.

It would also override a 2007 Connecticut law that guarantees that all hospitals in the state provide emergency contraception, commonly known as Plan B, to rape victims. That law has been endorsed by Catholic leaders, who initially opposed it, and has not produced complaints, Blumenthal said.

According to the the WaPo:

Blumenthal’s lawsuit challenges the regulation on several grounds, charging that it is too vague and overbroad and conflicts with other federal laws and state laws. The Planned Parenthood Federation of America filed a second suit on behalf of its affiliates, while the American Civil Liberties Union filed sued on behalf of the National Family Planning & Reproductive Health Association, which represents many state and county health departments, among other providers.

A more detailed overview of the legal claims Connecticut makes can be found here.

The Washington Post has also reported that the rule would apply to more than 584,000 health care facilities, will cost more than $44 million to implement, and could allow infertility doctors to turn away unmarried couples and lesbian women seeking pregnancy by artificial insemination. Pharmacists could also cite religious beliefs as a reason not to fill birth control prescriptions.

Partially via the ACS blog.

–Ann Bartow

Share
Posted in Feminism and Law, Feminism and Religion, Reproductive Rights | Comments Off on Seven States Sue To Block ‘Conscience Rule’

Joe Biden is still an idiot.

Reason #8,765 or so.

–Ann Bartow

Share
Posted in Feminism and Politics | Comments Off on Joe Biden is still an idiot.

Guatamalan girl testifies in federal court about being duped into coming to the U.S., forced to sell herself and kept captive.

It would be nice if human rights violations like this got more media attention.

From the LA Times:

When Sandra agreed to make the perilous trek from her native Guatemala to the United States in 2006, she said, she was lured by the prospect of a job as a housekeeper that would enable her to send money to her impoverished family back home.

Her father had a hernia that prevented him from working, and money was so tight that she and her 12 siblings sometimes didn’t have shoes or enough to eat, the young woman testified Thursday in federal court in Los Angeles.

But not long after Sandra was delivered to L.A. by human-smuggling “coyotes,” she learned that the job awaiting her had nothing to do with cleaning houses.

Instead, she said, she was told that she would have to “lay with men.”

“Did you understand you were going to be working as a prostitute?” asked Assistant U.S. Atty. Cheryl Murphy.

“I did not know what that word was,” Sandra responded through a Spanish-language translator. “Now I do.”

Sandra’s last name was not disclosed in court because she is the alleged victim of a sex crime and because prosecutors contend she is a minor.

She went on to testify how she was held captive, beaten, raped and forced to have sex with as many as 10 men a day by a group of fellow immigrants. She was the first in a string of young women to testify in what is expected to be a weeks-long trial before U.S. District Judge Margaret M. Morrow.

The defendants, most of them illegal immigrants from Guatemala, are accused of luring 10 unsuspecting young women — in some cases, girls — to the United States with the promise of legitimate jobs such as waitressing or working in jewelry or clothing stores.

Once here, prosecutors allege, the young women who knew nothing about the alleged prostitution ring were told they would have to sell themselves to cover the expense of having coyotes smuggle them into the country. The defendants gave the women skimpy clothing and taught them to apply heavy makeup before sending them out to prostitute themselves on street corners near MacArthur Park. The women typically charged $80 for 15 minutes of sex and some saw as many as 30 clients a day, prosecutors alleged in court papers. The women were forced to turn over all the proceeds to the defendants, they said.

Prosecutors said that the young women were held captive in nearby apartments and homes and that the defendants took several steps to discourage them from escaping, including beating them, threatening them with witchcraft and promising to harm their families in Guatemala. …

Read the whole thing here.

Share
Posted in Acts of Violence, Coerced Sex, Feminism and Law | Comments Off on Guatamalan girl testifies in federal court about being duped into coming to the U.S., forced to sell herself and kept captive.

Drowning Our Sorrows, Lifting A Glass

My terrific colleague Patricia Williams has offered some thoughts on the significance of the presidential transition tomorrow, reminding us to celebrate the inauguration of Barack Obama while not losing sight of the horrendous deeds of the outgoing incumbent.   Read the post here.

– Katherine Franke

Share
Posted in Uncategorized | Comments Off on Drowning Our Sorrows, Lifting A Glass

“The Meaning of the Martin Luther King, Jr. Holiday” by Coretta Scott King

From The King Center web site:

The Martin Luther King, Jr. Holiday celebrates the life and legacy of a man who brought hope and healing to America. We commemorate as well the timeless values he taught us through his example — the values of courage, truth, justice, compassion, dignity, humility and service that so radiantly defined Dr. King’s character and empowered his leadership. On this holiday, we commemorate the universal, unconditional love, forgiveness and nonviolence that empowered his revolutionary spirit.

We commemorate Dr. King’s inspiring words, because his voice and his vision filled a great void in our nation, and answered our collective longing to become a country that truly lived by its noblest principles. Yet, Dr. King knew that it wasn’t enough just to talk the talk, that he had to walk the walk for his words to be credible. And so we commemorate on this holiday the man of action, who put his life on the line for freedom and justice every day, the man who braved threats and jail and beatings and who ultimately paid the highest price to make democracy a reality for all Americans.

The King Holiday honors the life and contributions of America’s greatest champion of racial justice and equality, the leader who not only dreamed of a color-blind society, but who also lead a movement that achieved historic reforms to help make it a reality.

Read more here.

ETA: Short but information packed biography of Coretta Scott King here.

Share
Posted in Feminism and Politics, Race and Racism | Comments Off on “The Meaning of the Martin Luther King, Jr. Holiday” by Coretta Scott King

Blaw Review at “On Being A Black Lawyer”

Here, and it’s full of great links.

Share
Posted in Carnival time!, Legal Profession | Comments Off on Blaw Review at “On Being A Black Lawyer”

Fat Kills.

Read more here.

Share
Posted in Feminism and Culture, Women's Health | Comments Off on Fat Kills.

Transcript of the Senate confirmation hearing nominating Senator Hillary Clinton as Secretary of State

Read it in full here, at the NYT. Below is an excerpt. The bolding was added by me. I think Obama made a great choice for Secretary of State. She may not have made the cover of Ms. but she sure looks like a feminist to me.

–Ann Bartow

*****************

Senator Boxer?

BOXER: Thank you, Mr. Chairman.

Senator Clinton, I’m so excited to see you here today. As you know, I was very much in favor of your saying yes to this opportunity.

You’re a dedicated public servant, and I think by nominating you President-elect Obama has sent a message that world peace and stability trumps politics and ego. And I think by accepting this position, Senator Clinton, you are sending the same message, because you are working with your toughest rival, and you’ve set your ego aside for world peace, world stability and for the good of the country. I mean that sincerely. You know I do.

I wanted to pick off a few of the issues that I care about. I’m going to do it very quickly because there are so many — just to make my voice heard on those — and then ask you a question on a topic you raised, and we’ve discussed it before, the status of women in the world — in particular, violence against women in the world. And Nicholas Kristof has written a series of articles on this, and I’ve spoken with our great new chairman, and I think his concern certainly lies in this direction along with yours. …

… I have a few pictures to share with all of us. And they’re brutal pictures. And I’m not showing them for shock value. I want to show them because I don’t think we can look away from the plight in women in the world.

And as I said, Nicholas Kristof confronts these issues in a series of compelling articles. In one, he tells us about the recent acid attack against young girls in Afghanistan, where they’re going to school with their teachers. And we have a photo of one of the victims to show you on that. I’m just going to do these very quickly. OK.

He profiles a story in a second picture, I’ll show that, of a Pakistani woman who was viciously burned by her husband with acid because she dared to divorce him. This is what we’re talking about. This is Ms. Azar. OK.

Thousands of women have suffered similar attacks throughout Asia, and no prosecutions, senator. Kristof tells us the story of a Vietnamese girl named Sina Vann who was kidnapped at age 13; she was sold into sex slavery in Cambodia. When she refused to see customers, she was tortured brutally with electric shocks and locked in a coffin full of insects.

And Kristof illustrates an act of horrific brutality in a piece called “If This Isn’t Slavery, What Is?” in which a young Cambodian girl had her eye gouged out by her brothel owner after taking time off to recover from a forced abortion. This is a picture of that, just very beautiful, young woman.

So I’m introducing some legislation. One is a companion piece of Representative Carolyn Maloney. Another one is the Afghan Women Empowerment Act, which many on this committee have worked with us on. And that’s just the beginning. No woman or girl should ever have to live in fear or face persecution for being born female.

And, senator, I know how deeply you feel about this. And so I wanted you to take a little more time to talk about your commitment to this particular issue. And, obviously, I would be so pleased if you would commit to help us work on a legislation to fight this immorality.

CLINTON: Well, senator, you have been such a leader. And I have been honored to be your colleague and your partner in a number of these efforts that have been undertaken on behalf of women around the world.

And I want to pledge to you that as secretary of state I view these issues as central to our foreign policy, not as adjunct or auxiliary or in any way lesser than all of the other issues that we have to confront.

I, too, have followed the stories that are exemplified by the pictures that you held up. I mean, it is heartbreaking beyond works that, you know, young girls are attacked on their way to school by Taliban sympathizers and members who do not want young women to be educated. It’s not complicated: They want to maintain an attitude that keeps women, as I said in my testimony, unhealthy, unfed, uneducated.

And this is something that results all too often in violence against these young women, both within their families and from the outside. This is not culture. This is not custom. This is criminal. And it will be my hope to persuade more governments, as I have attempted to do since I spoke at Beijing on these issues, you know, 13 and some years ago, that we cannot have a free, prosperous, peaceful, progressive world if women are treated in such a discriminatory and violent way.

I have also read closely Nick Kristof’s articles over the last many months, but in particular the last weeks, on the young women that he has both rescued from prostitution and met who have been enslaved and abused, tortured in every way: physically, emotionally, morally.

And I take very seriously the function of the State Department to lead our government through the Office on Human Trafficking to do all that we can to end this modern form of slavery. We have sex slavery, we have wage slavery, and it is primarily a slavery of girls and women.

So I look also forward, senator, to reviewing your legislation and working with you as a continuing partnership on behalf of these issues we care so much about.

And finally, the work that the women of the Senate did in connection with First Lady Laura Bush on behalf of the women of Afghanistan has been extremely important. That program was started in the State Department. It was midwifed by a group that I helped to start back in the Clinton administration called Vital Voices. Mrs. Bush has been outspoken on behalf of the plight of Afghan women, on behalf of Aung San Suu Kyi in Burma, and other women facing oppression around the world. And I’m very pleased that that project will be spun off to Georgetown where it will continue under Mrs. Bush’s sponsorship.

So we’re going to have a very active women’s office, a very active office on trafficking. We’re going to be speaking out consistently and strongly against discrimination and oppression of women and slavery in particular, because I think that is in keeping not only with American values, as we all recognize, but American national security interests as well. …

Share
Posted in Uncategorized | Comments Off on Transcript of the Senate confirmation hearing nominating Senator Hillary Clinton as Secretary of State

The Cukold and the Kidney-Hold: How a Donated Organ Should be Distributed in Divorce

The New York Daily News features plenty of stories that don’t make it into the New York Times.  Here‘s one that caught my eye.  

A doctor on Long Island donated a kidney to his wife.  She then began an affair with her physical therapist. The doctor is now suing the wife for $1.5 million for the kidney.  

In the article, the doctor says of his wife’s infidelity, “It put a hole in my heart that still exists. To this day, I’m a man of pride. To be betrayed that way, humiliated – I can’t even began to say.” At another point in the article, the doctor says that he does not regret donating the kidney:  “There was no greater feeling on this planet,” he said. “As God is my witness, I felt as if I could put my arm around  Jesus Christ. I was walking on a cloud.”

So is the doctor really suing for the cost of the kidney, or his wounded (masculine) pride?  Perhaps this is a modern twist on the now-defunct claims of alienation of affection, “criminal conversation” and seduction.  

A new drafting point for matrimonial lawyers.

-Bridget Crawford

Share
Posted in Feminism and Law, Women's Health | Comments Off on The Cukold and the Kidney-Hold: How a Donated Organ Should be Distributed in Divorce

Join the Virtual March for LGBT Equality

Organizers at Equality Matters are planning a “Virtual March for LGBT Equality” from January 17 to 24,  2009.  Here’s the back story:

On November 4, the nation broke an equality barrier and elected Barack Obama our first African-American President. At the same time, voters in several states cast their ballots against equality for millions of LGBT Americans. It was a painful paradox.

When we began to analyze what had gone wrong, it was clear that LGBT community wasn’t doing a very good job of reaching out to our straight allies to explain the facts. Just telling people that  discrimation was fair wasn’t cutting it.

That’s when we realized that we needed a venue to help educate America. Rather than organize another protest, we thought it would be interesting to gather virtually and have an online protest. It seemed we could reach farther and deeper if we leveraged the power of Facebook and other social media sites. The idea was simple: reach out to our friends and begin to educate them about what the word”marriage”really means. While so many view”marriage”as a religious term, they often fail to recognize the powerful economic and legal rights that it infers. But that message has been sorely missing from the debate. Equality Matters is an effort to change that.

Here’s how to participate via Facebook, MySpace, Twitter:

1. Go to the Equality Now page on Facebook (here).

2.  Post the event to your profile by clicking the “share” button on the Facebook page

3. Change your profile picture to one of the Equality Matters pix.

4. Update your status with equality message. Samples on the site.

5. Post the Equality Matters link to your page.  

6. Invite your Facebook friends.

I’m 20th-century enough to say, “I remember when we marched on Washington . . . .” but 21st-century enough to join in.

-Bridget Crawford

Share
Posted in LGBT Rights | Comments Off on Join the Virtual March for LGBT Equality

Feminist Playlist!

Share
Posted in Bloggenpheffer | Comments Off on Feminist Playlist!

“Janie Goree, who broke barriers by becoming the first black woman to be elected mayor of a municipality in South Carolina, has died.”

From The State, which also reports:

Goree, the former mayor of Carlisle, died on Tuesday evening at age 87 at the Agape Senior center in West Columbia. The family was at Leevy’s Funeral Home in Columbia Thursday, finalizing funeral arrangements.

Current Carlisle Mayor Mary Ferguson-Glenn said Goree laid a foundation for progress that continues today.

“She was a great leader, a great teacher : a pioneer,”Ferguson-Glenn said.”Everything that you see in Carlisle pretty much is the result of Mayor Goree’s dedication and determination.”

Carlisle is a town of 496 people in Union County, 65 miles northwest of the state capital.

Born on Jan. 24, 1921, in Newberry County, Goree was one of nine children. She worked and put herself through Benedict College, graduating with honors in 1948.

Goree taught math at Sims High School and Union High School from 1948 to 1981.

The Union Daily Times says Goree became the first black woman mayor of a S.C. municipality when she was elected mayor of Carlisle in 1978. The town hall is named in her honor.

I love that the town hall is named in her honor! Wish I’d had the chance to meet her. Below is the only photo I could find of her:

–Ann Bartow

Share
Posted in Feminism and Politics, Firsts, South Carolina | Comments Off on “Janie Goree, who broke barriers by becoming the first black woman to be elected mayor of a municipality in South Carolina, has died.”

What Tami Said!

What Tami Said blog author Tamara Winfrey Harris has an interesting and provocative column here. Below is a short excerpt:

Americans tout our egalitarian democracy to the world: anyone can be president, we say. But some of us know this isn’t quite true. Ask the parents of little girls or gay teens or Muslim, Hindu or Jewish children whether they believe it is possible for their children to one day rule the nation. But now things might be different for little black boys. As my parents did for me, I will tell my son that he can be anything he wants to be. And I will have more confidence that this is true. This is good for my country. We can say that we are one step closer to achieving the ideals we hold dear.

One step closer, but not there yet. That is why my elation over an Obama presidency is tempered with worry.

Via.

Share
Posted in Feminism and Politics, Feminist Blogs Of Interest, Race and Racism | Comments Off on What Tami Said!

Feminist Priorities

Okay, so I got bashed here at Slate’s XX Factor for having my “knickers in a twist” over the current Ms. magazine cover (see this, this and this). Choice quote: “Feminism lies like a beached octopus, tentacles thrashing in all directions, looking for anything upon which it may find purchase, desperately seeking to be relevant again.” Jeepers. I thought the Ms. cover was ill advised, I said so on this blog, and by doing so I single-handly ruined feminism. And that was before breakfast! The author of the post is Susannah Breslin. Let’s look at a couple of her other recent posts at XX Factor to see what TRULY IMPORTANT FEMINIST ISSUES AS IDENTIFIED BY SUSANNAH BRESLIN look like:

1. The brand and model of the shoes that were hurled at Bush.

2.   A “22-year-old women’s studies major, is selling her virginity to the highest bidder.”

3.   A post entitled “All Writers Are Whores” in which Susannah Breslin writes: “… oh, what I wouldn’t do for a sugar daddy. Freelancing is a tough, lonely business. The idea of a man lining my pockets with enough cash to not have to worry about the rest and focus on the writing sounds like a small slice of writerly heaven to me.” The post closes with these words: “I’d venture if the stigma was lesser, there’d be more male writers out there riding the sugar-mommy train. Too bad feminist rhetoric doesn’t pay my bills.” [Emphasis added.]

Welp, I’m glad she clued readers to the fact that her posts were “feminist rhetoric” because otherwise I doubt anyone would have realized that is what she has been writing.

–Ann Bartow

Share
Posted in Feminism and Culture, Hackery | Comments Off on Feminist Priorities

Interactive Map of pro-Prop. 8 Donors

Following up on Ann’s post from yesterday, I came across this story on advocate.com that provides a link to an interactive map of the pro-Prop. 8 donors. If you take the map out far enough, you can see the non-California donors. I was happy not to find anyone in the Pittsburgh area on the map, but was disturbed to see that someone from Philadelphia donated $450,000 in August!

-Tony Infanti

Share
Posted in LGBT Rights | Comments Off on Interactive Map of pro-Prop. 8 Donors

Again with the lies and mischaracterizations regarding the Ms. cover…

In response to this ridiculous crap, (see also) I posted the comment below, which may or may not make it through moderation over there:

******

I am not a PUMA. I agree with the PUMA goal of calling out sexism thrown at women in politics regardless of whether the women are Democrats or Republicans. I did not support Hillary Clinton in the Democratic primaries. I donated money to Barack Obama, I hosted Obama campaign workers IN MY HOME leading up to the South Carolina Dem Primary, I did both canvassing and voter protection work for the Obama campaign in the primaries and the general election. I can document all of this.

My concern about the Ms. cover is that it is divisive, and seems designed to spite the 18 million people who, unlike me, voted for Hillary Clinton in the primaries. Obama and Clinton have mended fences. It’s time the rest of us did. Ms. editors seem to be making trouble to get publicity, and folks like [Megan at Jezebel] are serving them well.

******

I’ve promoted Ms. magazine on this blog in the past, but I’m not sure I will again. It’s a small blog and Ms. probably doesn’t care one way or another, but I do.   Not sure why Megan at Jezebel wants to fan the flames of controversy so desperately, perhaps someone can advise.

–Ann Bartow

ETA: FWIW I posted this at the New Agenda blog last December 16th.

Share
Posted in Blog Administration, Feminism and Culture, Hackery | Comments Off on Again with the lies and mischaracterizations regarding the Ms. cover…

Cinema Incubo: Tenth Circuit Finds In Dicta That Rape Shield Rule Applies At The Summary Judgment Stage In Former Projectionist’s Appeal

I remember going to Carmike Cinemas  while  attending college in Charlottesville and law school in Williamsburg.   And the memories are not fond.   Dimmed movie projector light bulbs.   Sticky floors.   Terrible sound. Cramped seating.   Now, according to a plaintiff, a Carmike theater  in Utah not only was a bad place to watch a movie, but also a  horrible place to work.

In Chapman v. Carmike Cinemas, 2009 WL 57504 (10th Cir. 2009), Walter McFashion, the assistant manager at a Utah Carmike Cinemas theater, sexually assaulted  Shannon Chapman, a projectionist at the theater.   Carmike’s city manager thereafter fired McFashion, but Chapman continued to work at  the theater  for almost a year after the assault.

Chapman  alleged that during this time, “the atmosphere at Carmike was hostile due to constant sexually-oriented conversations, comments, and jokes by managers and employees.”   Eventually,  she quit,  claiming that it was her only option  “because she could not overcome her fears for her safety and ultimately she could not bear returning to work.”   She subsequently sued Carmike, setting forth three claims:   “(1) a sexually hostile work environment due to Mr. McFashion’s assault; (2) a sexually hostile work environment due to pervasive sexual comments, jokes, and conversations; and (3) constructive discharge.”

The district court granted summary judgment to Carmike on all three claims, but the Tenth Circuit reversed in part, but not with regard to Chapman’s second claim, with the problem being that “Chapman failed to present evidence of Carmike’s actual or constructive knowledge” of the conversations, jokes, and comments.   Because of this problem, the Tenth Circuit’s consideration of an important evidentiary issue was relegated to dicta, but I think that the court reached the correct conclusion.

You see, at the district court level, the judge did not even need to reach this knowledge issue because he credited evidence that Chapman  “participated in sexual conversations and banter while at work” and thus found that Chapman could  “not establish the subjective hostility of the environment.”  (this seems like a troubling  decision in and of itself)   But on appeal, the Tenth Circuit assumed without deciding that Chapman adequately established the existence of a hostile work environment and affirmed based upon the knowledge issue.   This decision meant that the court did not have to address the hotly contested issue of whether the Rape Shield Rule, Federal Rule of Evidence 412, applies in summary judgment hearings, which would have possibly meant that evidence of Chapman’s alleged  participation in the banter was inadmissible.  

In support of  its argument that the Rule is inapplicable at the summary judgment stage, Carmike cited to 23 Charles A. Wright and Kenneth W. Graham, Jr., Federal Practice and Procedure: Evidence, § 5391.1 (1998 Supp.),  for the proposition “that Rule 412 applies only at trial, not in summary judgment proceedings.”   The Tenth Circuit, however, rejected this argument, noting that “Wright and Graham cites no authority for this proposition.”

The  court was correct on this front, but what it missed was that Wright and Graham actually does not even stand for the proposition that Carmike attributed to it.   Wright and Graham actually stated that “Rule 412(c)(2) is not applicable to discovery or the use of sexual behavior to prove preliminary facts or other uses that do not involve admission in evidence, such as a motion for summary judgment.”   But Rule 412(c)(2)  does not contain the general  Rape Shield.   That Shield is contained in Rule 412(a).   Rule 412(c)(2)  deals with the procedure for determining the admissibility of evidence in a criminal case where it is claimed that the evidence meets an exception to the Rape  Shield Rule.   Thus, in a confusing way, Wright and Graham are correct that Rule 412(c)(2)  does not  (indeed, could not)  apply at the summary judgment stage in a civil case, but their treatise says nothing about the applicability of Rule 412(a)  at summary judgment hearings.

But, as the Tenth Circuit noted, a couple of courts have found this Rule  just as applicable at the summary judgment stage as it is at trial.   For instance, in Dunegan v. City of Council Grove, KS, 189 F.R.D. 649, 652 (D. Kan. 1999), the court powerfully concluded that:

In considering the arguments of the parties, we are of the belief that the foremost consideration must be the purpose of the rule. Rule 412 was designed to protect the privacy interests of victims of sexual misconduct. An interpretation of the rule that would allow the parties to expose this evidence in a summary judgment motion without the safeguards of Rule 412 would circumvent the purpose of the rule. The court can consider only admissible evidence in deciding a motion for summary judgment….Rule 412, unlike most of the other rules of evidence, requires some affirmative action by the court prior to the introduction of evidence that falls within its limits. Contrary to the suggestion of the defendants, discovery orders may not provide the protection necessary since discovery can obviously include matters that may ultimately be found to be inadmissible. Accordingly, we do believe that the requirements of Rule 412 must be applied to summary judgment proceedings.

I agree with this conclusion for the same reasons that I have previously argued  that Rape Shield rulings should be immediately appealable notwithstanding the final judgment rule and can only hope that courts continue to find the same.

-Colin Miller                          

Share
Posted in Acts of Violence, Coerced Sex, Feminism and the Workplace | Comments Off on Cinema Incubo: Tenth Circuit Finds In Dicta That Rape Shield Rule Applies At The Summary Judgment Stage In Former Projectionist’s Appeal

“Women in poor nations are 300 times more likely to die in childbirth or from pregnancy complications than those in the developed world, UNICEF warns.”

Read more at the BBC News, which notes: “In its report, UNICEF said: “The divide between industrialised countries and developing regions – particularly the least developed countries – is perhaps greater on maternal mortality than on almost any other issue.”” The UNICEF report is accessible here.

Via Bobc

Share
Posted in Reproductive Rights, Sisters In Other Nations, Women's Health | Comments Off on “Women in poor nations are 300 times more likely to die in childbirth or from pregnancy complications than those in the developed world, UNICEF warns.”

Cyber Sexual Harassment

Podcast of a radio show featuring fantastic feminist law prof Danielle Citron, plus Latoya Peterson of Racialicious and Jill Filipovic of Feminste, is available here. Danielle’s referenced law review article, Cyber Civil Rights, can be downloaded here. Below is the abstract:

Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and members of other traditionally disadvantaged groups. These destructive groups target individuals with defamation, threats of violence, and technology-based attacks that silence victims and concomitantly destroy their privacy. Victims go offline or assume pseudonyms to prevent future attacks, impoverishing online dialogue and depriving victims of the social and economic opportunities associated with a vibrant online presence. Attackers manipulate search engines to reproduce their lies and threats for employers and clients to see, creating digital “scarlet letters” that ruin reputations.

Today’s cyber attack groups update a history of anonymous mobs coming together to victimize and subjugate vulnerable people. The social science literature identifies conditions that magnify dangerous group behavior and those that tend to defuse it. Unfortunately, Web 2.0 technologies accelerate mob behavior. With little reason to expect self-correction of this intimidation of vulnerable individuals, the law must respond.

General criminal statutes and tort law proscribe much of the mobs’ destructive behavior, but the harm they inflict also ought to be understood and addressed as civil rights violations. Civil rights suits reach the societal harm that would otherwise go unaddressed and would play a crucial expressive role. Acting against these attacks does not offend First Amendment principles when they consist of defamation, true threats, intentional infliction of emotional distress, technological sabotage, and bias-motivated abuse aimed to interfere with a victim’s employment opportunities. To the contrary, it helps preserve vibrant online dialogue and promote a culture of political, social, and economic equality.

Share
Posted in Feminism and Law, Feminism and Technology, Feminist Legal Scholarship | Comments Off on Cyber Sexual Harassment

Did ANYONE who criticized the Ms. Magazine cover say that men couldn’t be feminists?

Or even that Obama couldn’t be a feminist? I know I didn’t. Nor would I, in a million years. Nor did anyone else, that I am aware of. What the hell are these women talking about?

Ms. Magazine decided it could get some attention by photoshopping Obama as Superman, wearing a “This is what a feminist looks like” tee shirt and putting it on the cover. It worked. Many issues were sold. Many women feel that declaring Obama a feminist might be somewhat premature, especially since he hasn’t called himself one in public or donned a tee shirt like that in actuality (at least as far as I know) but hey, who cares, we are just a bunch of dumb girls anyway, right?

–Ann Bartow

ETA: Is Obama’s inauguration really “Christmas, Channukah and New Year’s rolled into one” as Naomi Wolf says? Must I buy gifts and send cards? [Note to the humor impaired – that was a joke. Maybe not a good one, but still recognizable as one to most readers, hopefully.]

ETA 2: It seems clearer now that the cover was intentionally designed to provoke controversy and dissent, which really isn’t what the feminism needs right now, nor will that be particularly helpful to Obama. As a result, I’ve lost a lot of respect for Ms. and the people behind it. Do they really think all the people attacking anyone who dared criticized the cover are going to become subscribers?

ETA 3:   Jezebel readers, please go here.

Share
Posted in Feminism and Culture, Hackery, Sexism in the Media | Comments Off on Did ANYONE who criticized the Ms. Magazine cover say that men couldn’t be feminists?

Wow.

Story here. I fly between Charlotte NC and NYC on US Air several times a year, which makes this seem especially immediate.   I hope it is true that everybody who was on the plane is safe. That makes it sort of the anti-September 11th – water instead of fire, life instead of death, which seems like a good omen as the Presidency changes hands and changes parties.

–Ann Bartow

Share
Posted in Travels | Comments Off on Wow.

“Supporters of the ballot measure that banned gay marriage in California have filed a lawsuit seeking to block their campaign finance records from public view, saying the reports have led to the harassment of donors.”

Interesting how some people are First Amendment absolutists up until the time that they are the ones getting hated on, and then suddenly harassment is seen as a problem that should have special remedies for themselves only. The quote heading this post came from here, which reports:

… The lawsuit, filed Wednesday in federal court in Sacramento, asks the court to order the secretary of state’s office to remove all donations for the proposition from its Web site.

It also asks the court to relieve the two groups and “all similarly situated persons” from having to meet the state’s campaign disclosure requirements. That would include having to file a final report on Proposition 8 contributions at the end of January, as well as reports for any future campaigns the groups undertake. …

… The lawsuit filed Wednesday cites a series of incidents in which those who gave money to support Proposition 8 received threatening phone calls, e-mails and postcards. One woman claims she was told: “If I had a gun, I would have gunned you down along with each and every other supporter.”

Another donor reported a broken window, one said a flier calling him a bigot was distributed around his hometown and others received envelopes containing suspicious white power, according to the lawsuit.

Businesses employing people who contributed to the Proposition 8 campaign have been threatened with boycotts, the suit said.

Supporters of the gay marriage ban fear the donor backlash will hurt their efforts to raise money in the future, perhaps to fight an initiative seeking to overturn the ban.

“Several donors have indicated that they will not contribute to committee plaintiffs or similar organizations in the future because of the threats and harassment directed at them as a result of their contributions … and the public disclosure of that fact,” the lawsuit said. …

The entire article is here. It concludes, correctly I think, with a quote from an interviewee that says in pertinent part: “Courts have consistently failed to agree that contributors have a right to donate directly and anonymously to a candidate or campaign.” Threats and violence are wrong (obviously) and need to be aggressively addressed, and the perpetrators punished. But doing this does not require allowing activist bigots to cloak themselves in protective anonymity.   If they want to sponsor hate, campaign finance laws require them to own their actions by name, and they knew those were the rules when they decided to support the odious Prop. 8.

–Ann Bartow

Share
Posted in Feminism and Law, Feminism and Politics, LGBT Rights | Comments Off on “Supporters of the ballot measure that banned gay marriage in California have filed a lawsuit seeking to block their campaign finance records from public view, saying the reports have led to the harassment of donors.”

The Kitchen Table: A Blog About “Race, Politics, Religion, Popular Culture”

It’s pretty engaging! Informative and geeky, as you might expect from two academics, but also very amusing at times. Some posts are quite provocative, so if the prospect of reading opinions you strongly disagree with is alarming,   it’s not the blog for you.   If you have an open mind, check it out! Via Our Bodies, Our Blog.

–Ann Bartow

Share
Posted in Academia, Feminism and Politics, Feminist Blogs Of Interest, Race and Racism | Comments Off on The Kitchen Table: A Blog About “Race, Politics, Religion, Popular Culture”

Carnival Against Sexual Violence 63

Here, at abyss2hope. Marcella Chester deserves so much credit for the attention she brings to this issue.

Share
Posted in Acts of Violence, Carnival time!, Feminism and Culture, Feminist Blogs Of Interest | Comments Off on Carnival Against Sexual Violence 63

Watch out for “Fake College Facebook Groups”

Danielle Citron explains here at Concurring Opinions.

Share
Posted in Feminism and Technology | Comments Off on Watch out for “Fake College Facebook Groups”

Naomi R. Cahn, “Test Tube Families Why the Fertility Market Needs Legal Regulation”

Fabulous feminist law prof Naomi Cahn, one of the best feminist legal theorists around, has a new book out:

Synopsis of publisher NYU Press:

The birth of the first test tube baby in 1978 focused attention on the sweeping advances in assisted reproductive technology (ART), which is now a multi-billion-dollar business in the United States. Sperm and eggs are bought and sold in a market that has few barriers to its skyrocketing growth. While ART has been an invaluable gift to thousands of people, creating new families, the use of someone else’s genetic material raises complex legal and public policy issues that touch on technological anxiety, eugenics, reproductive autonomy, identity, and family structure. How should the use of gametic material be regulated? Should recipients be able to choose the best sperm and eggs? Should a child ever be able to discover the identity of her gamete donor? Who can claim parental rights?

Naomi R. Cahn explores these issues and many more in Test Tube Families, noting that although such questions are fundamental to the new reproductive technologies, there are few definitive answers provided by the law, ethics, or cultural norms. The regulatory void outside of minimal requirements for gametic testing and limited protection against deceptive marketing techniques used by fertility clinics creates thorny problems for all involved in the egg and sperm business.

As a new generation of donor kids comes of age, Test Tube Families calls for better regulation of ART. It exhorts legal and policy-making communities to cease applying piecemeal laws and instead create laws that sustain the fertility industry, yet protect the interests of donors, recipients, and the children that result  from successful transfers.

Incorporating real-life stories to illustrate her arguments, Cahn provides specific suggestions for legal reforms. The book sets out a series of controversial proposals, including an end to donor anonymity and a plea for states to clarify parentage decisions. She also calls for the federal government to regulate ART processes to ensure that donors are adequately protected against exploitation, that recipients receive the gametes they have been promised, and that the market functions ethically as well as efficiently.

Share
Posted in Feminism and Families, Feminism and Law, Feminism and Science, Recommended Books, Women's Health | Comments Off on Naomi R. Cahn, “Test Tube Families Why the Fertility Market Needs Legal Regulation”

Stick To Your Knitting, Mr. Bass

Yahoo has named Carol Bartz (above) as its new chief executive.  Ms. Bartz formerly was an executive at the technology company Autodesk.  This (understandably) made the first page of the Business Day section of today’s New York Times (here). In the article, Carl Bass, the current President and CEO of Autodesk, praised  Ms. Bartz’s leadership of Autodesk during the dot-com boom, when technology employees were highly in demand.  Mr. Bass is quoted as saying, “She persevered through that whole period and she deserved credit for it.  She probably had plenty of other opportunities.  She stuck to her knitting and continued to build a great company.”

Huh?  Stuck to her knitting?  Are male executives described as “sticking to their knitting”?  I’m embarrassed for Carl  Bass.  

In a 2006 article, the New York Times profiled Ms. Bartz (here):

What Ms. Bartz says she discovered [after graduation from college], however, was that male counterparts and supervisors shook the corporate ladder ever more fiercely with each rung that she and other pioneering women of her generation ascended. But by combining a first-rate mind with hard work and decisive career moves, she managed to duck, bob and weave her way through Silicon Valley’s male-dominated technology industry in the 1980s.

By the early 1990s, Ms. Bartz had become one of the first women to run a large corporation. She garnered accolades from Wall Street and her peers for turning  Autodesk  into a leading international software company. This spring, Ms. Bartz stepped down as Autodesk’s chief executive, but she remains the executive chairwoman of its board.

Despite her hard-won reputation as an astute businesswoman, Ms. Bartz found herself repeatedly skipped over during a recent meeting of business and political leaders in Washington. The reason was that the men at the table assumed that she was an office assistant, not a fellow executive.”Happens all of the time,”Ms. Bartz says dryly, recalling the incident.”Sometimes I stand up. Sometimes I just ignore it.”

The “stuck to her knitting” comment by Carl Bass strikes me as one of those comments that men think are benign or even complimentary, but they’re not.  They’re sexist and make the speaker into one of those men shaking the corporate ladder as women are trying to climb. Perhaps it is Mr. Bass who needs to tend to his knitting.  In case you’d like to send along  favorite pattern, here’s his contact info:  

Mr. Carl Bass  
President and CEO
Autodesk, Inc.
111 McInnis Parkway  
San Rafael, CA 94903
carl.bass@autodesk.com

-Bridget Crawford

 

Share
Posted in Sociolinguistics | Comments Off on Stick To Your Knitting, Mr. Bass

Kessler on “Getting Class”

Laura Kessler (Utah) has posted to SSRN her working paper “Getting Class.”  Here is the abstract:

Gender-based economic inequality has been a longstanding concern of feminist legal theory, particularly as it affects middle-class women. Yet much legal feminist literature remains uninterested in class analysis. How, then, can a focus on class build on and add to feminist legal theory projects? This Essay is intended to initiate a conversation around that question, more than to provide fully formed theories, strategies, or answers. The first part of this Essay briefly provides some examples of insufficient attention to class in legal feminism and other left critical theories in law. The second part explores five possible strategies for overcoming this problem, taking an intersectional approach. I choose my examples from employment discrimination and family law, but the analysis may well apply to other areas.  

The full working paper is available here.

-Bridget Crawford

Share
Posted in Feminism and Families, Feminist Legal Scholarship, Women and Economics | Comments Off on Kessler on “Getting Class”

“Condemned men are buried in sand up to their waists, and women up to their necks, and are pelted with stones until they die or manage to escape. Under the law, a condemned person’s life is spared if he can free himself.”

That’s a sentence from this WaPo article about stonings in Iran. Men have a lot better odds of escaping, obviously, though it’s still horrifying. The article also reports:

In his weekly news conference, the judicial spokesman also said that Esha Momeni, an Iranian American student at California State University at Northridge who was detained in October, will not be allowed to leave the country for at least another month, saying “a new issue has turned up in her case.” He did not specify the issue.

Momeni was arrested after conducting video interviews with activists for her master’s thesis on women’s rights. Authorities accused her of “propagating against the system.” She was released in November after paying $200,000 bail but was not allowed to leave Iran.

Share
Posted in Acts of Violence, Feminism and Law, Feminism and Politics, Feminists in Academia, Sisters In Other Nations | Comments Off on “Condemned men are buried in sand up to their waists, and women up to their necks, and are pelted with stones until they die or manage to escape. Under the law, a condemned person’s life is spared if he can free himself.”

How much jail time should a child porn offender serve?

That question is dividing jurists and observers, see e.g. the Sentencing Law & Policy blog.

Share
Posted in Justice? | Comments Off on How much jail time should a child porn offender serve?

The Tulane Journal of Law & Sexuality will be hosting a symposium on Friday, February 13 at Tulane Law School in New Orleans: Beyond Marriage: The Broader Implications and Unforeseen Consequences of State Defense of Marriage Acts.

Beyond Marriage: Broader Implications and Unforeseen Consequences of State Defense of Marriage Acts

A Symposium to be held Feb. 13, 2009

Tulane Law School, 6329 Freret St., New Orleans, LA

Download Brochure for Full Information

Continuing Legal Education: 6 units, including 1 hour of ethics.

Register for the Symposium here.

Via Alan Childress.

Share
Posted in LGBT Rights, Upcoming Conferences | Comments Off on The Tulane Journal of Law & Sexuality will be hosting a symposium on Friday, February 13 at Tulane Law School in New Orleans: Beyond Marriage: The Broader Implications and Unforeseen Consequences of State Defense of Marriage Acts.

Non-discrimination ordinances

Apparently, the City of Kalamazoo, Michigan, has rescinded an ordinance that prohibits discrimination on the basis of sexual orientation in employment, housing, and public accommodations–just 6 weeks after it was enacted. The American Family Association of Michigan submitted approximately 1,600 signatures seeking repeal. That was enough signatures to require the city commission to repeal the ordinance or to put it on the ballot.

Locally, the Allegheny County Council is considering a similar nondiscrimination ordinance based on one that is now in effect in the City of Pittsburgh. (For those who aren’t familiar with the geography of Western Pennsylvania, the city and county are far from co-extensive. I, for example, live in Allegheny County but not in the City of Pittsburgh–though I do work in the city. This ordinance would effectively extend non-discrimination protections throughout the Pittsburgh metropolitan area.) After lobbying from the American Family Association of Pennsylvania, which unsurprisingly opposes the inclusion of sexual orientation and gender identity in the proposed ordinance, the ordinance has lost 3 sponsors. If any other sponsors defect, the ordinance will fail to pass. I encourage all readers in the Western Pennsylvania area to contact county council members to express their support for the ordinance prior to the public hearing that is scheduled for this Thursday, January 15th, at 5 p.m. in the Allegheny County Courthouse. To take action on this issue, please click here. I also encourage as many people as possible to show up at the hearing in person because you can count on the opposition to turn out!

-Tony Infanti

Share
Comments Off on Non-discrimination ordinances

“If you ever start to feel too good about yourself, they have this thing called the Internet …”

Share
Posted in Feminism and Technology, Sexism in the Media | Comments Off on “If you ever start to feel too good about yourself, they have this thing called the Internet …”

No Girls Allowed

Larger version here. Via.

Share
Posted in Feminist Legal History | Comments Off on No Girls Allowed

Balancing Out Rick Warren

President-elect Obama’s inaugural committee has asked Rev. Gene Robinson, the first openly gay person to be ordained an Episcopal bishop, to deliver the invocation at the inaugural’s opening ceremony on Sunday, January 18. The opening ceremony will be held at the Lincoln Memorial, and it is the first event that President-elect Obama will be attending. This news comes after weeks of fallout from the selection of Rick Warren to deliver the invocation at Obama’s swearing-in ceremony.

I think that this is an important–though belated–step to signal that the Obama administration values the lesbian and gay community, even as it reaches out to the evangelical community.

-Tony Infanti

Share
Posted in LGBT Rights | Comments Off on Balancing Out Rick Warren

On the Importance of Proofing E-mails

Here.

Share
Posted in Academia, Bloggenpheffer | Comments Off on On the Importance of Proofing E-mails

Aborting Culture

Khiara Bridges is the Center for Reproductive Rights/Columbia Law School fellow at Columbia Law School who has just completed her PhD in Columbia’s Anthropology Department studying the intersection of race, poverty, and gender through the experience of women in an obstetrics clinic in a New York City public hospital.   She blogged earlier on the racial implications of surrogacy and now offers the following reaction to a recent article in the New York Times on Dominican women’s “self-help” abortions, cross-posted from Columbia’s Gender & Sexuality Law Blog:

For Privacy’s Sake: Taking Risks to End Pregnancy, an article that was published last weekend in the New York Times, reports on the use of misoprostol by Dominican women within New York City to self-induce abortions. Misoprostol is a prescription drug that was approved by the Food and Drug Administration to reduce gastric ulcers; however, the article reports that many Dominican women have purchased the drug, sans prescription, from local pharmacies and have used it to terminate unwanted pregnancies in their homes, without oversight from medical institutions and personnel. The article also reports on a study documenting Dominican women’s use of other”extra-medical”methods to abort pregnancies:such as”mixing malted beverages with aspirin, salt or nutmeg; throwing themselves down stairs or having people punch them in the stomach; and drinking teas of avocado leaf, pine wood, oak bark and mamon fruit peel. Interviews with several community leaders and individual women in Washington Heights echoed the findings, and revealed even more unconventional methods like ‘juice de jeans,’ a noxious brew made by boiling denim hems.”

Kirsten Luce for The New York TimesInterestingly, the article argues that Dominican”culture”explains why many Dominican women do not look to medical institutions when seeking to terminate their pregnancies. The author argues that women from”fervently anti-abortion cultures”may use such methods to induce abortions”despite the widespread availability of safe, legal and inexpensive abortions in clinics and hospitals.”

In this way, the article exemplifies the dangers of”culture”as an explanatory concept.

Read the rest of this entry

Share
Posted in Feminism and Culture, Race and Racism, Reproductive Rights, Women's Health | Comments Off on Aborting Culture