women’s rights – Page 3

Taking Us Back…

I’ve been working with a friend –a former academic colleague–on a book about the causes and consequences of what Americans call the women’s movement. He’s a quantitative guy (I think he sleeps in a bed of data…) while I am rather clearly not, but we are both interested in the history of women’s emancipation–not just questions like “To what extent did the invention and widespread use of the birth control pill allow women to enter the workforce?” or “How did the change from jobs requiring brute strength to those requiring skill benefit women?” but also things like “what changes in social and cultural attitudes were triggered by women’s suffrage, political activity and workforce participation?”

We most definitely aren’t planning an academic/scholarly book. Instead, we hope to provide a journey of sorts, an accessible trip through the last hundred years or so, focusing on the causes and consequences of American women’s change of legal and social status.

The incredibly important question we will not be able to answer is “Is that progress–and we do see it as progress–reversible?”

There are movements in today’s America absolutely committed to that reversal, and the current “abortion wars” are only one aspect of their agenda, which involves a wholesale retreat from numerous aspects of contemporary American life, not just the emergence of us “uppity” women.

Common Dreams recently had an essay by Mike Lofgren, describing the merger of some of the most retrograde of those movements and reporting on the danger posed by the recent “teaming up” of religious extremists with far-right fascist groups.

Here’s his lede:

The Supreme Court’s disastrous rulings on prayer on public school property and abortion rights have finally focused proper attention on the role of religious extremism in undermining democratic self-rule. For decades, not only has it been underestimated, most of the media has misunderstood Christian fundamentalism’s goals.

Make no mistake: the well-funded, well-armed alliance of motivated extremists that I have described constitutes the greatest domestic danger this nation has faced since the Civil War.

Katherine Stewart, who has written on the religious right for many years, has redressed this misunderstanding in a New York Times piece. She straightforwardly says that Christian fundamentalism’s goal is “breaking American democracy,” and that this is not an unintended byproduct of fundamentalism’s political activity. No, it “is the point of the project.”

You might think that church-going Christians, no matter how fundamentalist, have little in common with organizations like the Proud Boys and Oath Keepers, or with neo-Nazi groups like Richard Spencer’s National Policy Institute, or the Aryan Nation. Yet Lofgren points out that there is substantial overlap in the membership of those groups. He says they “bury their extreme theological differences to ally against their common enemy: the Enlightenment, a tolerant society, and equal justice under law.”

Among their other motivating issues, these movements share a commitment to misogyny and to a cult of masculine toughness. (Paging Josh Hawley ...)

This is obvious among fundamentalists and white nationalists alike: Southern Baptists and other evangelical sects preach “submission” of women, and every nationalist movement of the past century has diminished women’s rights.

Lofgren notes that Peter Thiel, a billionaire funder of the movement, has expressed his belief that it is was a mistake to “give” women the vote…

Fundamentalists want a universally Christian America that

they insist existed at the time of the nation’s founding, objections from Thomas Jefferson, James Madison, Mark Twain, or Ambrose Bierce notwithstanding. White nationalists pine for a traditional white America, regardless of the presence from the beginning of racial differences and tensions.

Lofgren quotes Umberto Eco, who described what he termed “ur-fascist” tendencies: a faux-populism coupled with a railing against “elite” straw men; the habit of using a vocabulary similar to Newspeak in that it obscures rather than reveals meaning; contempt for the weak; and more. And he focuses upon the recent Supreme Court decisions undermining the right to personal autonomy and the separation of church and state.

Now that the Supreme Court has seen fit to read theocracy into the Constitution, Americans have begun to wake up to the political threat to their liberties and their way of life. But few have noticed how synergistic the rest of its rulings are with a religious-right campaign to wreck the constitutional order. Past campaign finance and congressional redistricting decisions have been a gift to a party that has given up on competitive electoral democracy in favor of Russian-style elections and public religion enforced by state diktat.

Obviously, women aren’t the only people threatened by this movement. Everyone whose fundamental right to self-determination has led them to live a life disapproved of by White Christian Nationalists is at risk.

Just think of us women as the canaries in the coal mine….

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“Don’t Know Much About History”

That old Sam Cooke tune should be Justice Alito’s theme song.

Distortion–or flat-out lying–about history hasn’t previously been a feature of Supreme Court decisions, although it’s nothing new in political discourse. (Remember the people who argued against same-sex marriage by insisting that marriage “has always been between one man and one woman,” despite the fact that the statement was demonstrably false? Even if you ignore biblical history, more than half of the world still recognizes plural marriage.)

Alito’s recitation of history in Dobbs has been rebutted by historians, and its falsity was recently the subject of a lengthy essay in the Guardian.

As the essay notes, Alito claims that a reversal of Roe v Wade “restores the US to an unbroken tradition of prohibiting abortion on pain of criminal punishment [that] persisted from the earliest days of the common law until 1973.”

This assertion, however, is easily disproven.As historians have exhaustively explained, early American common law (as in Britain) generally permitted abortions until “quickening”, or perceptible foetal movement, usually between 16 to 20 weeks into a pregnancy. Connecticut was the first state to ban abortion after quickening, in 1821, which is roughly two centuries after the earliest days of American common law. It was not until the 1880s that every US state had some laws restricting abortion, and not until the 1910s that it was criminalised in every state. In the wake of Dobbs, social media was awash with examples from 18th- and 19th-century newspapers that clearly refuted Alito’s false assertion, sharing examples of midwives and doctors legally advertising abortifacients, Benjamin Franklin’s at-home abortion remedies, and accounts of 19th-century doctors performing “therapeutic” (medically necessary) abortions.

The essay also emphasized that anti-abortion fervor was not motivated by the moral or religious beliefs generally cited by anti-choice activists.

In fact, the first wave of anti-abortion laws were entangled in arguments about nativism, eugenics and white supremacism, as they dovetailed with a cultural panic that swept the US in the late 19th and early 20th century as a result of the vast changes in American society wrought by the conflict. This panic was referred to at the time in shorthand as “race suicide”

The increasing traction today of the far-right “great replacement theory”, which contends that there is a global conspiracy to replace white people with people of colour, and has explicitly motivated white supremacist massacres in the US, is often said to have originated with a French novel called The Camp of the Saints by Jean Raspail. Published in 1973, the same year that Roe v Wade enshrined American women’s rights to reproductive autonomy, it is a dystopian account of “swarthy hordes” of immigrants sweeping in and destroying western civilisation. But there were many earlier panics over “white extinction”, and in the US, debates around abortion have been entangled with race panic from the start.

As a similar post at FiveThirtyEight.com put it,” the anti-abortion movement, at its core, has always been about upholding white supremacy.”

Historians point to the numerous newspapers, lectures and sermons that led to the original criminalization of abortion by warning that Catholics and other foreign-born immigrants were likely to outnumber Protestant, native-born Americans. The essay cited one representative example– a 1903 editorial pointing out that the Protestant population of the US was increasing by 8.1% while the Catholic population was increasing by 21.8%, and characterizing those statistics as an “alarming condition of things.” The article noted that there were “on the average more than five abortions a month, none of them in Catholic families”. In case the message wasn’t sufficiently clear, the piece was headlined “Religion and Race Suicide”.

When the resurgent Ku Klux Klan paraded in Louisiana in 1922, they bore banners that read “White Supremacy”, “America First”, “One Hundred Per Cent American”, “Race Purity” and “Abortionists, Beware!” People are sometimes confused by the Klan’s animus against abortionists, or impute it to generalised patriarchal authoritarianism, but it was much more specifically about “race purity”: white domination can only be maintained by white reproduction.

The article is lengthy, but well worth your time to read; it contains a meticulous recitation of the thoroughly racist roots of opposition to abortion. My only quibble is that It gives only a nod to the White male patriarchy embedded in the numerous religious dogmas that require the subordination and submission of women. Without the benefit of that moral “fig leaf,” I doubt whether its clearly racist roots would have carried the movement so far.

I do absolutely agree with the essay’s conclusion:

The assault on women’s rights is part of the wider move to reclaim the “commanding place” in society for a small minority of patriarchal white men. And, as Alito’s decision shows, where legal precedent and other justifications cannot be found, myth will fill the vacuum.

No matter how ahistorical that myth…

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What’s Different This Time? A Lot.

Back in the 60s, Bob Dylan told us that “the times, they are a-changing.” They still are.

I’ve been thinking about about the Supreme Court’s efforts to reverse social change, and the extent to which their targets have become too firmly embedded in the culture to be reversed.

Roe v. Wade was decided in 1973–almost exactly 50 years ago–and we sometimes forget how much American life has changed since then. I’ve been thinking about what those changes may mean for the radical Court decision to overrule the constitutional right of a woman to control her own reproduction.

Consider just a few…

Roe was argued in a void of sorts.Tthere was virtually no public discussion of women’s experiences with abortion, because it had been illegal in many if not most states, and coming forward to publicly explain and provide context to a decision to terminate a pregnancy would have labeled the woman a criminal. As Dobbs made its way through the judicial system, however, women faced no such restraint, and their stories have illustrated the multiplicity of situations women face, and the intensely personal impacts of their decisions.
Columnist Jennifer Rubin has written about one outcome of that public discussion–widespread recognition of the cruelty of forced birth. How do you defend GOP insistence that a 10-year-old girl impregnated by her rapist carry that pregnancy to term? Yet in that very real case, at least two Republican gubernatorial candidates have affirmed their belief that this child should be required to give birth. As Rubin noted, those utterances by GOP candidates weren’t anomalous: Mississippi House Speaker Philip Gunn said that, in his view, a 12-year-old impregnated by incest should be forced to complete her pregnancy. Herschel Walker, the Georgia Republican Senate nominee, insists he wants no exceptions, even to save the woman’s life. Ohio state Rep. Jean Schmidt has called forcing a 13-year-old rape victim to give birth an “opportunity.” Even people with qualms about abortion are likely repulsed by this sick lack of concern for the lives and health of living women.
Poll after poll shows that most people who want to restrict abortion don’t want to ban the procedure entirely. Yet–as The New York Times reports– “There are no allowances for victims of rape or incest in Alabama, Arkansas, Florida, Kentucky, Louisiana, Missouri, Oklahoma, Ohio, South Dakota, Tennessee or Texas.” In Idaho, a woman would have to file a police report to obtain an abortion, something virtually impossible for incest victims and others who live in fear of their attackers.”
As legal observers have noted–and survey research has confirmed--the U.S. Supreme Court is in the midst of a full-fledged legitimacy crisis, worsened by a steady stream of extreme decisions handed down by the conservative supermajority. Opinions about the Court are far more negative than they were in 1973.
The decision in Dobbs, as I’ve previously explained, rests on an analysis that threatens other rights–rights that weren’t recognized fifty years ago (and thus were not “deeply rooted” in Justice Alito’s version of American history) such as same-sex marriage (2015), contraception (1965) and interracial marriage (1967). That threat is widely understood, and it significantly expands the number of Americans who (accurately) view Dobbs as a personal threat.
The media environment today is dramatically different from that of 1973. Whatever their negatives–and I routinely post about those negatives–the ubiquity of the Internet and social media means that very few Americans are unaware of either the Court’s decision or its likely impacts. Digital communication has also made it much, much easier to organize political movements and raise dollars–and we are already seeing a strong political response online to what is being described–again, I believe accurately–as a theocratic and profoundly anti-liberty decision.
Over the past fifty years women have become considerably more empowered.
The percentage of Americans following the dictates of organized religion is at an all-time low.

I’m old, and I remember 1973.

In 1973, my mother–who was considered pretty liberated for her time– was still saying things like “Men won’t buy the cow if they can get the milk for free.” Women who had sex outside of marriage were considered sluts. Women who dared to have both children and careers were “obviously” bad mothers. Women who weren’t married were pitied and called “old maids.” Women who earned more than their husbands were “castrating.” Women who played sports were unfeminine–and the very few women who wanted to report on sports were barred from male players’ locker rooms…It was 1974 before we could even get our own credit cards.

In short, a lot has changed since 1973. As a recent car commercial puts it, “this isn’t your father’s Oldsmobile.”

In 1971, Helen Reddy wrote our anthem..

In 2022, I think women really are going to roar.

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Get Off The Couch

Today, I’m speaking to a group of women students at IUPUI. I was asked to address civic engagement. These are the remarks I plan to share….(longer than usual–sorry about that.)

___________________________–

In the blurb I sent as an introduction to this talk, I wrote that “America is in the throes of a not-so-cold Civil War. Political participation and activism have never been more important—but what do those terms mean? What is required of women who want to secure the progress that has been made, not just for women but for the diverse citizens who make up our “body politic”? What is our obligation as citizens to return the political process and government to something resembling sanity?”

Let me deconstruct that paragraph, and explain what I meant by each of those assertions.

When I say we are in the midst of a “civil war,” isn’t such an assertion hyperbole, a wild exaggeration? Actually, I don’t think so. The American Civil War was fought to defend the institution of slavery, an institution that rested upon a belief that Black people were inherently inferior. The slave owners and their White apologists may have been defeated, but their very pernicious bigotry still motivates far too many Americans.

Today, a resurgent White Christian Nationalism is driving a wide variety of destructive behaviors and encouraging the increased expression of racism, anti-Semitism, homophobia and misogyny. You can see it in the ridiculous argument that teaching accurate history is Critical Race Theory—a subject these folks couldn’t define if their lives depended on it—and can’t be allowed. We see it in efforts to bans books and in fights over what can be taught—or even discussed—in our public schools.

The progress that has permitted Blacks, women, and other minorities to advance—to take more visible seats at the civic table—has been met with grievance and hysterical resistance. The election of a Black President was a catalyst for more overt expressions of deep-seated bigotry. A significant number of White Christians tell pollsters that only White Christians can be “real Americans” and that the rest of us are here on sufferance. The people marching and chanting about being “replaced” are telegraphing their fear of losing social dominance.

Although it’s true that only a few people are actually shooting at each other—I think it is not inaccurate to say that we are engaged in a civil war over very different visions of what it means to be an American.

We women have a critical stake in this fight. Patriarchy is part and parcel of what is really an effort to resist modernity and social change, and the assault on reproductive rights is best understood as an attack on women’s equality and autonomy. You need not be “pro- abortion” to understand why the decision to carry a fetus to term must be made by the individual woman, not by the government. (As a lawyer and former ACLU director, I can tell you that the constitutional issue is not whether a woman can legally abort: the issue is who has the right to make that decision—the individual or the state?

The current use of “my body, my choice” by anti-vaxxers who are anti-choice would be humorous if it wasn’t evidence of incredible civic ignorance. In fact, the anti-vaxxers have it exactly backward: Government has an affirmative obligation to protect public health and safety—to prevent some citizens from harming others. Courts have long held that public health restrictions are legitimate and appropriate. A pregnant woman, however, poses no threat to her neighbors.)

Whether a woman calls herself pro-choice or pro-life, she needs to understand that a government that can control her body considers her a second-class citizen. Once women lose the right to make their own reproductive decisions, they open the door to loss of other hard-won rights.

America is really at an inflection point. We are experiencing an extreme relapse into tribalism, and at the same time, a number of longstanding government structures are showing their age or are otherwise under assault. The Electoral College and the filibuster have outlived any utility they may once have had; the Supreme Court has been turned into a political rather than a judicial body; gerrymandering has allowed both parties to carve out districts perceived as so safe for one party or the other that people stay home because they figure their vote doesn’t count. There is so much about our current government—not to mention our politics—that cries out for repair.

Speaking of repair–you all have a choice. You can tune in to Dancing with the Stars or the Kardashians while the planet warms, racism thrives, and American government is gridlocked and impotent. If enough of you do that, my advice would be not to reproduce, since the world your children will inhabit is likely to be a chaotic hellscape. Or you can get off the couch and engage—become an activist, and work to make things better for your children and my grandchildren.

What would that look like?

Well, you don’t have to run for office or even work on a campaign, although that would be great. There are plenty of other ways to be civically active.

One thing you can do that would make an enormous difference is helping to get out the vote. You know those gerrymandered districts I talked about? The data used to draw district lines is turnout from the preceding election. But previous turnout has been depressed by the widespread belief that the game was fixed, so that casting a dissenting vote wouldn’t make a difference. I’m here to tell you that a number of supposedly safe districts wouldn’t be safe if turnout substantially increased.

You can also work on the campaign of someone you believe is honorable, someone whose positions include fixing these systemic problems and working for a fairer, more open and inclusive society. Or you can do general “grunt work” for the political party of your choice.

But even if you absolutely hate politics, you aren’t off the hook. In the introductory blurb, I referred to citizens’ obligations—and one of those obligations is civic engagement, making a reasonable effort to improve your community. There are lots of avenues available to channel that effort: You can volunteer for a nonprofit organization that is addressing a problem that matters to you. You can tutor kids from a poor neighborhood. You can read up on American history and the values actually embedded in the Constitution and Bill of Rights, and explain what you’ve learned to people who display a lack of civic literacy. You can speak up—nicely but firmly– when you hear someone share a bigoted statement.

We are at a pivotal point in America’s trajectory. We will either surrender to the mob that wants to take the country “back”—who want to ensure that women and Jews and Muslims and people of color continue to be second class citizens—or we will come together to breathe new life into the Declaration’s vision of a country where all people have been created equal.

My generation has really made a mess of things. Yours, unfortunately, has been handed the job of fixing it. If those of you on this Zoom call are anything like the students I taught, though, you’re up to the task.

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What’s Next?

I recently had a disquieting political discussion during an otherwise lovely lunch with my youngest son.

It probably won’t shock readers of this blog to learn that our children and grandchildren are pretty political…and I’m happy to report that they all have developed what I consider to be excellent values. The differences arise from our views of America’s probable future. One son has already moved to the Netherlands, a granddaughter lives in northern England, and this son–our youngest–expects that America’s descent into autocracy and White Supremacy will prompt his children to eventually relocate as well.

Our discussion wasn’t exactly an argument, but we had very different predictions about the likely political fallout when–not if, since we agreed it will happen– the Supreme Court eviscerates or overrules Roe v. Wade. I opined that their “victory” will lead to a reduction in the passion of the pro-fetal-life movement, and energize women who have previously felt protected by Roe. My son disagreed–he sees the anti-choice zealots taking their fervor to state legislatures and–thanks to gerrymandering–tightening their red state control.

I should mention that this son is a lawyer, and a very good one. He knows how to frame and present a convincing argument….Needless to say, I left lunch depressed.

A few days after that conversation, I was a guest on a podcast called Who Gets What–the brainchild of two longtime friends, Morton Marcus and John Guy. After the recording stopped, Morton and I were talking, and he made an observation that I found both fascinating and relevant to the consequences of a reversal of Roe v. Wade.

Morton said he’d been looking for a truly objective, scholarly analysis of the multiple ways in which women’s “liberation”–the growth/emergence of women’s participation in all the “nooks and crannies” of society–has changed that society. As he noted, there’s been a lot written about the subject, but it’s mostly advocacy (pro and con), or focused on relatively small parts of the bigger picture. He’d found no analysis encompassing the truly monumental social changes triggered by the steady expansion of women’s participation in all parts of our society.

Morton’s observation is accurate, at least so far as I can tell–I’m unaware of any scholarship that addresses the entirety of the immense social changes that have occurred as a result of women’s emancipation from the confines of “barefoot and pregnant.”

However one defines the “women’s movement,” however, its power depends on reliable birth control.

Yes, we can look to history and find examples of powerful women; we can point to the suffrage movement and similar efforts to assert or enlarge women’s rights–but real change, I submit, came only with the ability of women to control our reproduction. Only then could we enter fully into workplaces (most of which no longer required brute strength), an entry that gave us another form of choice: the economic means to leave unsatisfactory marriages, or to renegotiate the terms of more agreeable ones.

There’s a reason the people who want to return the U.S. to the social structures of the 1950s are so focused on controlling women’s reproduction. (It isn’t just abortion; if you don’t believe birth control is next, I refer you to the Hobby Lobby case…)

The future of American democracy may well depend upon the extent to which American women understand the far broader implications of a loss of control over their reproductive lives. Yes, there are compelling medical, economic and psychological reasons to allow women to exercise the self-determination men take for granted. Yes, the arguments advanced by pro-fetal-life activists are inaccurate gaslighting. But if women lose control over their bodily integrity, they won’t just lose the momentum that has been building toward their full participation in American society, they’ll do a U turn.

Women’s equality will lose considerable–critical– ground.

I think that–deep down, if not consciously–activists on both sides of the issue understand that this fight is really between continuing inclusion of half the population in the life of the nation, or a return to some version of male social dominance. The question is whether the majority of non-activist women understand the actual nature of the debate, care about continuing their progress toward equal civic participation, and are sufficiently motivated to protect the hard-won improvements in women’s prospects and status.

What happens next–whether my son’s predictions or my own hopes prove accurate–ultimately depends on the answer to that question–and upon who wins those statehouses.

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