feminist blogs

Mass. Supreme Court Affirms Right of Men to Look Up Our Skirts

or at least take pictures up women’s skirts.

CNN, e.g., has coverage here.  The AP has coverage here.

-Bridget Crawford

Feminist Law Professors

Earlier this year we reported on a story in which a man’s sexual assault of his girlfriend, in order to check for evidence of her being unfaithful, was not deemed a rape act and was instead treated as a violent act that lacked sexual intent. Initially, the man was sentenced to 32 months in prison [...]

Women in the Texas Legislature: Lessons in Individual Actions that Serve to Empower Movements

Thank you to Senator Wendy R. Davis and to Senator Leticia Van de Putte for, among other things, standing up for equality.  It may have only been a battle and not a war, but Senator Davis’ filibuster of the Texas anti-abortion bill sent home a message that women will not be silenced.  Senator Van de Putte joined Senator Davis on the floor of the Texas Legislature and with one question incited a crowd of protesters, who roared past the midnight deadline for passage of the bill thereby killing it.  Whatever people think of the bill, the events were lessons in advocacy and self-empowerment.  It was the American revolutionary way on display for all to see; the “People’s Filibuster” was live-streamed.  And that day in the Texas Legislature (June 25, 2013), one woman, joined by another, led a movement.

In response to Senator Davis’ win, Governor Rick Perry leveled a personal attack against her.  Speaking at the National Right to Life Convention, Governor Perry, in a backhanded compliment, referred to Senator Davis’ personal life.  He stated:  “She is the daughter of a single woman.  She was a teenage mother herself.  She managed to eventually graduate from Harvard Law School and serve in the Texas senate.  It’s just unfortunate that she hasn’t learned from her own example . . . .”  Senator Davis immediately responded and let everybody know that she will not be intimidated by a man who attacks her personally (even if he attempts to disguise his attack as a compliment) and thinks that he should decide what is best for women.  “She tweeted more than 100,000 followers saying, ‘Today Governor Perry shamefully attacked me and my family, further exposing his belief that he knows what’s best for Texas women.’”

Governor Perry and his apologists can try to squirm out of the intent of his message by camouflaging his intentions and making excuses, now that he has been called on it.  However, the video shows the delivery of his words and reveals the agenda behind his rhetoric.  He was speaking before a group where many look down on people of different life experiences.  Condescendingly, he emphasized the word “eventually” to qualify how Senator Davis earned her law degree.  He put the finishing touch on his personal attack when, in an obviously patriarchal manner, he chastised her for not learning “from her own example.” 

Governor Perry is wrong.  Senator Davis learned from her experiences, which is why she has become the formidable woman she is today—the woman who stood up to those in control for eleven hours to filibuster the anti-abortion bill.  Lt. Gov. Dewhurst tried to stop the running of the clock by deciding that Senator Davis’ discussion of mandatory ultrasound testing, in reference to an abortion bill, was “off-topic.”  This was a clear illustration of how the privilege to make arbitrary and subjective decisions encourages abuse of power at the hands of the decision-makers.  Lt. Gov. Dewhurst’s decision was an attempt to silence Senator Davis and, ultimately, a means to try to achieve the desired final outcome: passage of the anti-abortion bill. There was even an effort to alter the timestamp of the voting record, but news organizations were watching and they blew the whistle on the discrepancy. Senator Van de Putte has called for an investigation.

Fortunately, Senator Davis was not alone.  When Lt. Gov. Dewhurst halted Senator Davis’ filibuster, Senator Van de Putte stood up and in a powerful voice asked:  “At what point must a female senator raise her hand or her voice to be recognized over the male colleagues in the room?”  She had become frustrated after being ignored by her colleagues when she was trying to speak on the matter.  After all, she had driven directly from her father’s burial to oppose the abortion bill.  During an interview, Senator Van de Putte explained that she had to scream in order to be recognized.  Her assertiveness is what the protesters needed to rally them to battle and victory.  They immediately let their voices be heard in unison and ran out the clock.  During an interview, Senator Davis called Senator Van de Putte “a true heroine.”  Senator Van de Putte later acknowledged that she was emotionally drained and had to be encouraged by another woman to speak up.

For more about Senator Davis, read Who is Wendy Davis? by Lydia DePillis. For more about Senator Van de Putte, read Latina Legislator: Leticia Van de Putte and the Road to Leadership, written by Sharon Navarro.  I hope that these women’s advocacy inspires more Americans to join in a comprehensive movement of equality for all and to stand up with others whenever we witness injustice and inequality.

–Maritza Reyes

Feminist Law Professors

In a week marked by tragedy, an important op-ed published in the NY Times reminds us that there are people still suffering from the US’s anti-terrorism efforts. Two Gitmo detainees on hunger strike tell their story through their lawyers for us to read.

I’ve been on a hunger strike since Feb. 10 and have lost well over 30 pounds. I will not eat until they restore my dignity.

I’ve been detained at Guantánamo for 11 years and three months. I have never been charged with any crime. I have never received a trial.

I could have been home years ago — no one seriously thinks I am a threat — but still I am here. Years ago the military said I was a “guard” for Osama bin Laden, but this was nonsense, like something out of the American movies I used to watch. They don’t even seem to believe it anymore. But they don’t seem to care how long I sit here, either.

When I was at home in Yemen, in 2000, a childhood friend told me that in Afghanistan I could do better than the $50 a month I earned in a factory, and support my family. I’d never really traveled, and knew nothing about Afghanistan, but I gave it a try.

I was wrong to trust him. There was no work. I wanted to leave, but had no money to fly home. After the American invasion in 2001, I fled to Pakistan like everyone else. The Pakistanis arrested me when I asked to see someone from the Yemeni Embassy. I was then sent to Kandahar, and put on the first plane to Gitmo.

This chilling account is not the only one. 45 detainees are on hunger strike in Gitmo until they are charged or released. Many are sitting in prison with no charges, merely held because of administrative backlogs, or being at the wrong place at the wrong time, or just being the wrong race and ethnicity at the wrong moment in history.

While we recover and make sense of the tragic bombings at the Boston Marathon earlier this week, speculation about “who these terrorists might be” has, of course, spiraled out of control. It is natural to want to know why this happened and who is responsible  And it’s painful to watch people struggle with making sense of it, full of anger and sadness and not sure where to direct that energy. 

But it’s not as understandable why some want to claim they know who is responsible or outright want to “blame the Muslims.“ For the same reason, it’s not acceptable that a plane was landed back at Logan because passengers complained that two men were speaking in Arabic (not to each other). And for the same reason it’s not acceptable that so many Muslim Americans feel the need to enthusiastically denounce the bombings with fear of backlash towards the Muslim community.

It’s not OK because even if the people responsible for this bombing fit into every shitty idea you may have about “what people” are responsible for this bombing, stereotypes, racism and these kinds of attitudes don’t actually bring peace or solve crimes. Decades of anti-Muslim sentiment hasn’t done much in terms of solving the disastrous number of innocent civilians regularly killed by explosives–in fact, it’s made it worse.

And those same shitty attitudes have justified some of the gravest human rights violations we have seen in our generation.

4colored girls has been on hiatus but stay tuned for weekly posts. In the meantime, here's a few top stories in colored girl america:

- Florida mom Marissa Alexander has been sentenced to 20 yrs in prison for firing a warning shot at her abusive husband. Yes, the same Florida that let a man walk free (and with his gun) after shooting a teenage boy dead. That same Florida. 

- The twitterverse and blogosphere have remained abuzz since the publication of novelist Alice Randall's NY Times Op-Ed

- CeCe McDonald, a black transgender woman who murdered a white man in self-defense, plead guilty to a lesser charge this week

- over at Ms., I've been remembering the L.A. Riots and Latasha Harlins

- Our hearts go out to Trayvon Martin's mother Sybrina Fulton on this Mother's Day. Fulton is channeling her grief into activism

Women in the Media as in Society?

Despite the backlash following his “slut” and “prostitute” references about Georgetown law student Sandra Fluke, Rush Limbaugh continues to denigrate women.  More recently, he targeted Tracie McMillan, journalist and author of the book, The American Way of Eating, and stated, “What is it with all of these young, single, white women, overeducated — doesn’t mean intelligent.”  For an audio of this comment, click here.  What does Ann Coulter have to say about this?  Where is the outrage by the women commentators on Fox?  All women, regardless of political ideology, should voice their indignation at these misogynist attacks on women.  Though only a segment of the female population participated in the Suffrage Movement, all women reaped the benefits of the sacrifices and courageous defiance of those pejoratively labeled “troublemakers” (more aptly defined as trouble-solvers).  Women will never achieve equality in law and society until all women own the reality that the Feminist and Civil Rights Movements opened the doors for women who currently have rights and privileges (including jobs and education) that would be reserved for white men absent those movements.  One of the biggest threats to the equality of women is the silence and acquiescence of fellow women who enjoy the benefits attained thanks to the persistence and hard work of the radical feminists while participating in the oppression of womanhood by becoming apologists for misogyny and opportunists of patriarchy.

Then, there are the recent attacks on U.S. Supreme Court Justice Sonia Sotomayor by Mitt Romney supporters.  Sotomayor does not fit the submissive, dumb and voiceless Latina stereotype, so she is a threat to a constituency that tolerates Latina/os but does not welcome them as full and equal members of American society.  When historically subordinated communities are under attack, it is more important than ever to avoid being pitted against one another — and to work together to achieve equality for all.  But working together requires acknowledging the ways in which we are privileged and the ways in which we are subordinated.  This is an issue that has challenged the women’s movement since its inception.  Indeed, it challenges us on a daily basis in our lives as feminist law professors.

A forthcoming book edited by women academics begins to shed light on issues that remain unresolved.  Why is it that women are still presumed incompetent as teachers, scholars, and participants in faculty governance?  Why is it that women faculty of color experience both subtle and overt hostility from students and colleagues?  How should women go about forging the types of alliances that transform the workplace, promote a more welcoming environment for all women, and create a safe space for critical inquiry and social justice pedagogy? The book is called Presumed Incompetent: The Intersections of Race and Class for Women in Academia, and it is available for pre-order on amazon.com.  For a preview of the book, you can download the thought-provoking introduction, co-authored by law professors Angela P. Harris and Carmen G. Gonzalez, from SSRN.  To read what Gloria Steinem, Norma E. Cantú, Mari Matsuda and Kimberlé Crenshaw say about the book and to see the beautiful cover art, click here.

One of our challenges as feminist law professors is to teach our students to speak out when they witness injustice rather than passively reap the benefits of the struggles of prior generations.  But in order to do this, we need to practice what we preach in our own institutions.  Our job is not simply to share knowledge but to model for our students the principles of equality in day-to-day practice.

–Maritza Reyes

Feminist Law Professors

Just as the judicial deference to the military’s DADT policy on sexual orientation eventually eroded, so too will the judicial deference to the military’s policies on sexual assault eventually crumble.   Well, at least that’s possible.  Isn’t it?

Although a 2 page dismissal of the highly publicized complaint by 28 plaintiffs, including member of the Coast Guard Kori Cioca, doesn’t provide much cause for optimism.  More here.

~Ruthann Robson

A San Diego judge has told an ex-wife  to pay her ex-husband’s legal fees and be ready to pay him alimony should he make the request once he leaves prison. Judge Geoffrey Pollack noted that he had discretion in the matter of what spousal support to award Shawn Pollack, sentenced to 6 years by another judge after his conviction for forced oral copulation on Crystal Harris. Thus Judge Pollack decided to lower the award from $3000 to $1000 per month once Mr. Pollack is released. The judge agreed that Ms. Harris does not have to pay support while Mr. Harris is incarcerated, and approved an agreement between the two parties that Ms. Harris pay Mr. Harris’ legal fees. However, Mr. Harris must pay his ex-wife restitution.

The judge justified the spousal award by saying that he compared the financial situations of the parties. Ms. Harris makes over $11,000 per month and her ex-husband was making about $400 per month. “”I can’t look at a 12-year marriage where one side is making $400 a month, the other side is making over $11,000 and say no spousal support….That would be an abuse of discretion.”  California legal experts note that under the law the judge could have refused to award support only if one party had been convicted of attempted murder.

Ms. Harris is understandably upset. She told the press, ““You don’t pay a dime to somebody that rapes you…That’s sick.” She also said she feared challenging the award because the judge might award her ex-husband more money.

The district attorney’s office, however, has taken up Ms. Harris’ cause and has lined up a state representative to introduce a bill to make changes in the law by increasing the range of crimes that would disqualify an ex-spouse from receiving alimony.

The story has already made headlines around the U.S. and across the pond.

By Kimberle Williams Crenshaw

One of the lasting images of the Anita Hill/Clarence Thomas controversy was the photograph of the “Boxer rebellion,” the all-female Congressional delegation marching up the steps to the Senate to demand that it investigate credible claims of sexual harassment. Outside this frame, and perhaps more compelling, are the stories of when each of these women realized that intolerably destructive dynamics of power were being normalized or even defended by colleagues, spouses, friends and elected officials. Every woman who was prompted into action by Anita Hill has a moment like this.

Continue Reading @ The Nation

from SlutWalk Delhi

Picking up the momentum of over 100 demonstrations worldwide, SlutWalk New York is set to take place in Union Square Park today. The first SlutWalk march occurred in Toronto after a police officer told a group of students if they didn't want to be sexually victimized, they shouldn't dress like "sluts." Kinda like the NYPD's advice to women residents in the Park Slope section of Brooklyn where a spate of sexual attacks have occurred since March.

SlutWalk NYC is timely for other reasons too, like the victim-blaming that occurred in the highly publicized Dominique Strauss-Kahn case and the acquittals of NYPD officers Kenneth Moreno and Franklin Mata on charges of sexual assault against a woman (Moreno has since been sentenced to a year in prison for a misdemeanor charge of official misconduct). SlutWalk NYC organizers are planning to address both issues.

The organizers are also intending to address critiques of the walk, like the issues raised by Black Women's Blueprint in an "Open Letter from Black Women to the SlutWalk" about its failure to address the concerns and acknowledge the histories of women of color when it comes to terms like "slut." To be sure, black women have been called sluts, jezebels, hos ... everything except children of God. And most times it doesn't matter what we wear, where we are, or what we are doing. My own experiences of street harassment compelled me to support the aims of SlutWalk though I have not been able to attend an actual march yet. I do have trusted friends who are black women and who have participated in SlutWalk events. Black feminist filmmaker, rape survivor, and activist Aishah Shahidah Simmons delivered a powerful speech at SlutWalk Philadephia and Salamishah Tillet, professor, writer, rape survivor and Co-Founder of A Long Walk Home, delivered a stirring speech at SlutWalk DC. Tillet details the mixed-reception of SlutWalk in "What to Wear to a SlutWalk" and maintains that  "None of this negates the fact that SlutWalk has been the most successful protest against sexual violence in the United States since the birth of the Take Back the Night marches in the 1970s," a sentiment I wholeheartedly agree with.

The ultimate test for SlutWalk of course will be whether it can shape into a lasting organized movement made up of women and men of various ethnicity, sexuality, and nationality and committed to end sexual violence against women. In other words, it has to really "walk the walk."