“women” didn’t

When Obama won re-election, the media story went that “women voters” rejected Romney because of his stance on reproductive rights*. This framing is not a false claim in itself; women as a group really were more likely to vote for Obama than for Romney (55% and 44% respectively). And since many sites that present demographic stats on such elections are doing so by sorting people into single-demographic-marker categories**, that tends to look like the entirety of the story. But it isn’t. When you take apart these large demographic lumps, as CNN did here, it becomes obvious that “women voters” didn’t vote as a block at all. Only 42% of white women voted for Obama, while 96% of black women and 76% of Latina voters did; they’re the ones who won the “women vote” for Obama***

Why am I bringing this up now, a year after the presidential election?

Because the same narrative about “women voters” is being dragged out to explain the Virginia Governor race which Ken Cuccinelli just lost and in which according to the exit polls(pdf) barely over half the women voted for the Democrat in the race. Such articles were being written before the race (and Rachel Maddow talked about the gender gap as well), but the election results show a much smaller gap than had been predicted. And yet, despite that tiny number, people are writing articles again about how “women” elected the Democratic candidate****. Granted, they’re a bit more nuanced this time than during the presidential race, actually looking a bit deeper at the demographics; but the overall narrative and the headlines stay the same. Even though white women, again, voted for the Republican candidate (54%), while only 38% of them voted for the Democrat.

What bothers me about the narrative of “Women” deciding these elections is not that they’re not strictly speaking true; statistically they’re true but incomplete. What bothers me is that the narrative exemplified in these articles then gets picked up by individual white women as well as organizations with few minority women as a story about a collective “us” that voted for Democrats (or against Republicans) that completely erases the regressiveness of the average white woman voter as well as the heavy lifting done by progressive minority women; a heavy lifting done in the face of ongoing voter suppression, to boot. This appropriation of positive actions is in many ways the twin of the appropriation of violence statistics in which a too large demographic “we” is made out to be victims of violence, when most of the incidences come from oppressed groups within that huge demographic but they are used as talking points to promote the agenda of the (relatively) dominant groups within it.

Not only is this erasure and appropriation rather disgusting in itself, it will also assure a complete lack of self-reflection, a lack of trying to figure out how to stop the white, wealthier, and/or married women from voting against the interests of all other women, and to some degree even against their own. There will be too little analysis of race and class, even though they are so eminently relevant to why a particular group of women keeps on voting for the most toxic candidates available.

– – – – – – – –
*for example, here, here, and here

**like this one orthis one

***and by the way, the same thing was true for the “youth vote”, since only 44% of white 20-somethings voted for Obama.

****for example here and here

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An extended sex-work link roundup

As a result of writing the post about feministe’s latest anti-sex-work fuckup, I’ve ended up with a long list of stuff-everyone-should-read-about related to sex-work activism. And then my computer crashed, and most of it was lost, except what I had already included in the stub that ended up becoming this post. So here is the list of items that survived the crash, and which everyone should read. And at the bottom are the twitter feeds of sex worker’s rights advocates (so you can get this kind of info yourself, if you’re on twitter):

http://thinkprogress.org/economy/2013/09/11/2606691/strippers-independent-contractors/ — An example of what can happen when sex workers are able to use labor law to defend themselves from their exploiters

http://www.irinnews.org/report/98689/analysis-sex-workers-bear-brunt-of-war-on-trafficking — An article about the actual effects (rather than stated intent) of anti-trafficking enforcement in Asian countries. Excerpts:

Regardless of the objective of the operations, “rescue raids of sex establishments have exacerbated violence against sex workers and compromised their safety,” say the World Health Organization (WHO) and the Global Coalition on Women and AIDS.

The problem with the raid and rescue industry is that it uses some of the most oppressive arms of the state to target sex workers – the police […]. Whether sex workers have been trafficked or not, their understanding of what the police do is very different than that of other people because they are so often targeted as sex workers, migrants, transgender people, or for other reasons.

http://titsandsass.com/the-merseyside-model-part-i-can-sex-worker-activists-partner-with-the-police-and-a-conservative-london-politician/ — For some contrast, what it looks like when police actually works for the protection of sex workers, not against them. Excerpts:

In Merseyside, England, violence against sex workers is treated by the police as a hate crime. This means that when a sex worker is the victim of an assault, robbery, or rape, she or he can report the incident without fear of being charged with prostitution, because the police have agreed to place a higher priority on convicting the criminals who harm sex workers over criminalizing sex workers.

As a result of this shift in policing strategies in Liverpool, the rate of conviction for crimes against sex workers rose dramatically to 83%, whereas the national average of such convictions in the UK is only 6.5%. Within only 18 months of the implementation of the hate crime policy in 2006, sex workers increased their reporting of violent crimes by 400%. Besides reducing individual acts of violence against sex workers, this shift in priorities also reduces systemic violence, by sending a message to society at large that the unique oppression faced by sex workers is not acceptable.

https://pi.library.yorku.ca/ojs/index.php/cws/article/viewFile/6408/5596 — Article published in Canadian Woman Studies in 2003, about the panicked reaction to increased migration (a rather predictable outcome of globalization). Excerpts:

The current moment of globalization is witnessing an extraordinary movement of people, legitimate and illegitimate, across national and international borders. These movements are exposing the porosity of borders, the transnational reality of subaltern existence, and the contingent foundations of international law. And this global movement of people has created a panic across borders- a panic which is manifesting itself in the strengthening of border controls, tightening of immigration laws and casting of the “Other” as a threat to the security of the (First World) nation-state.

Women’s cross-border movements continue to be addressed primarily through anti-trafficking discourse at the international, regional, and domestic level. […] women, especially from the postcolonial world, are cast as either victims, incapable of decisionmaking or consenting, sexual deviants, disrupting the moral and social fabric of the sexually sanitized West and or dangerous “Others,” threatening the security of the nation state

The disadvantaged migrant woman becomes the ideal worker from the standpoint of capital and integral to sustaining the current structure of the economy. This situation of illegality and disadvantage also renders migrant women vulnerable to exploitative and forced labour like conditions of work.

http://rhrealitycheck.org/article/2010/12/16/draft-normal-husband-beat-wife-workers-domestic-violence-cambodia — Article about how Cambodian society treats domestic violence as a private dispute, with negative consequences for sex workers, and the organization that fights this. Excerpts:

Solving violence committed by husbands and partners is very difficult. Sometimes the [Cambodian Prostitute Union] calls the police to intervene when members have experienced domestic violence. Officers then come to the house and say to the husband: ‘If you do this again, we will arrest you.’ But the next day they will say that domestic violence is a family matter that should be resolved in the family, and that they do not want to encourage divorce.

The CPU also assists the women to make a formal complaint to the local authorities and will accompany them to ensure that they are not discriminated against. Safe shelter with relevant women’s legal and human rights organisations will also be sought for women who experience extreme violence, at the request of the women. Whilst the CPU cannot provide direct legal assistance, it refers sex workers to supportive local legal or human rights organisations that can provide advice and a lawyer if a sex worker wishes to take the case to court.

And here are the twitter feeds of some of the sex workers and sex workers’ rights advocates from whom I’ve gotten these articles:
https://twitter.com/mistressmatisse
https://twitter.com/katezenLOVE
https://twitter.com/supernowoczesna
https://twitter.com/melissagira
https://twitter.com/Maggie_McNeill
https://twitter.com/chiadanna
https://twitter.com/LauraAgustin
https://twitter.com/cfpdx
https://twitter.com/notahappyhooker

A TERF not-pologizes

The well-known and influential radical feminist Gloria Steinem has written an apology (of sorts) about her past anti-trans writing.

On the one hand, she’s AFAIK the only well-known TERF who’s ever bothered to do even that much; on the other hand, the apology follows a notpology script just a tad too well*: she blames any harm caused on the internet, devotes most of the essay to explaining why she didn’t mean harm, and phrases the apology-line as very close to the standard “I’m sorry you were offended” notpology, saying “I’m sorry and sad if any words floating out there from the past seem to suggest anything other than support, past and present”. And then there’s the problem noted by activist Janet Mock in a tweet earlier today:

[Janet Mock ‏@janetmock
Not once in the op-ed does @GloriaSteinem write “trans women.” Doing so would recognize the fact that trans women are women. #girlslikeus]

Further, Toni D’Orsay points out that Steinem did more than write an essay. She actively contributed to the inclusion of TERFs into a feminism that had until then accepted trans individuals**:

IT wasn’t until Daly and similarly like minded lesbian separatists started getting really loud, really angry, and really offensive that trans people became an issue.
They did that at first from outside the mainstream of radical feminism.
[…]
Steinem was one of the people who helped to bridge that divide. Who worked to secure that change so that lesbian women could be included, and one of the ways she did that was to bring in Daly’s work and Raymond’s work into the awareness of mainstream readers through the vehicle of MS magazine and the New Yorker.

Monica Roberts at TransGriot similarly expands on Steinem’s actual contributions to cissexism:

Because you referred to SRS surgeries multiple times as ‘mutilation’, it gave credibility to the 1980 paper that Raymond wrote to Congress that led to SRS being eliminated from Medicare and Medicaid coverage and the insurance company medical exclusions on trans related health care.
It co-signed the anti-trans attitudes in feminist circles that have led to the suffering and deaths of far too many trans people. It led to trans people being cut out of desperately needed LGBT human rights legislation in the 80s, 90’s and early 2k’s.

Still, she said something that wouldn’t come out of the mouth of a dedicated trans-exclusive feminist; she said that “transgender people, including those who have transitioned, are living out real, authentic lives. Those lives should be celebrated, not questioned. Their health care decisions should be theirs and theirs alone to make.” That is a big admission. An admission that she will, however, have to follow up with real deeds to undo the damage she’s caused and use her influence in feminism and in society as a whole to fight for the rights and acceptance of trans people; including trans women. Probably the simplest thing to do right now (for example) would be to sign the Statement of Trans-Inclusive Feminism and Womanism. And Monica Roberts provides another (non-exhaustive) list of actions for Steinem to take:

Lobby with the trans community in Washington DC for a trans inclusive ENDA. Call out the trans exclusionary radical feminists and help us get the Southern Poverty Law Center to declare them as a hate group. Declare there is no room in feminism for anti-trans hatred and bigotry. As a Smith alum you can help us ensure that your alma mater puts admissions policies in place that allow qualified trans feminine students to enroll there.

Then, of course, there’s the other toxic effects of her paricular flavor of feminism. She’s yet to even do this kind of acknowledgment in the context of her anti-sex-work activism. She’s still promoting the Rescue Industry, and just today she tweeted support for a petition to get the UN to alter its stand (which is based on research and on listening to sex workers) on the decriminalization of sex work:

[Gloria Steinem ‏@GloriaSteinem
United Nations: #ListenToSurvivors — don’t jeopardize efforts to prevent #sextrafficking http://tinyurl.com/m8chxo5 ]

Overall, I’d say this is a babystep in the right direction. Not something she should be given any ally-cookies for, since it still fails to acknowledge the entirety of the harm done as a result of her anti-SRS work and her promotion of TERFs in feminism, and doesn’t so much as acknowledge that there’s anything wrong with any of her sex-work-prohibitionism. At this speed***, she’ll likely be dead before she arrives at a genuine apology for all of it; and even if not, many trans people and sex workers are going to suffer and die before she ever gets around to undoing the damage she helped/helps cause to them.

***Trigger Warning: TERF reactions to Steinem’s op-ed***

However, even this microscopic step forward has pissed off other TERFS. Maybe if they’ll now spend their time sniping more at each other, and less at trans women and trans rights activists, that would be an improvement [/wishful thinking]. Examples:

[Incendiary Lover ‏@incendiarylover
absolutely devastated & pissed that @GloriaSteinem has opted to erase women & lesbians w/transjacktivist sell out #radfem #cottonceiling]
[Actual Dykes ‏@ActualDykez
As Lesbians, we feel @GloriaSteinem has no idea what is happening to Lesbians under Transgenderism #cottonceiling http://fb.me/6CR6zgeZT ]
[E. Hungerford ‏@ehungerford
Gloria Steinem adopts #neolib identity politics as a means to end oppression against women. WHAT? GENDER hurts women http://goo.gl/XkcFTO ]

– – – – – – – – –
*also, I’m thinking “twin-spirited” is a mangling of “two-spirit”, the term adopted by North American tribes to describe gender minorities. It bugs me that she didn’t bother to even do a google-search to get this right (I did, to make sure “twin-spirited” isn’t an accepted alternative, or some other concept I hadn’t heard of).

**please do read the entire essay, it’s eyeopening if you’re not familiar with the history of and current actions by TERFs in feminism! the linky again. And also read the TransGriot piece in its entirety: linky again

***the text in question**** was written over 36 years ago, and supposedly she only now realizes that it’s criticism of SRS might get interpreted as being anti-SRS, even though it was part of the discourse that led to SRS (and other even vaguely transitiony medical treatments) being dropped from public aid and private insurance, as Monica mentions in her piece. Snails and glaciers would be insulted by a comparison.

****which also describes mutilation of intersex babies as “rescue”. Jesus Fucking Christ. Has she apologized for that yet?!

Feministe is apparently never going to learn this lesson

In February, there was that atrocious “in my feminist utopia, there wouldn’t be any sex work” piece which I took apart here. I noticed today that there was a new pingback to that post. It turned out to be this piece that talked about feministe’s problem with anti-sex-work narratives, which includes discussion of another shittastic piece posted at feministe 10 days ago, which in its original version indulged in fantasies of violence* against those who propose decriminalization**, even though given the choice between decriminalization and illegality, decriminalization leads to more reduction of harm towards sex workers***.

Unlike with the last piece, I won’t bother taking it apart line by line, if only because there’s really not that much content to be picked about. I do want to point out some of the most problematic bits, though. For one, what the article amounts to is a description of the strong reaction of a young privileged woman for the first time seeing deprivation and misery. As the article at Literate Perversions points out, the feministe article is not actually about the poor, drug-addicted women she describes:

Not a single word of her post is actually about the people in the city; it is entirely about how seeing them makes her feel. The people themselves are exotic others, with as much substance as if they had been green-screened into the background.

The othering is in fact entirely literal, when Pahman writes that what she sees “is ‘the other’ America, third world living conditions, the neighborhoods blighted.” There’s plenty of non-literal othering as well, for example in the fact that the piece manages not to include a word about their conditions or their own positions on the legality of prostitution from the people the article is supposedly about. Instead, we get indirect relation of what “every sexual abuse counselor, advocate and outreach team” she’s met told her when she asked them about legalization of prostitution, namely that none of them advocate for legalization**** of “this dire circumstance [she] was witness to” (which, as described below, was not just prostitution, or in any way wholly caused by prostitution). It’s entirely about her experience of going to the inner city for the first time ever and feeling shocked and overwhelmed at the deprivation and misery she saw from her van, and then unloading her feelz on an easy target.
And doing so indirectly, to boot, by pretending that it’s white privileged feminists who’ve never been within hearing distance of grinding poverty who are pro-decriminalization, while those people who live “in reality” as she claims of herself are those who are against it; when actually most prohibitionist rhetoric comes from the well established middle-class white feminists, while the voices for decriminalization are generally from those who are part of the communities in which sex work occurs in one way or another (example: http://www.twitlonger.com/show/n_1rmct2k ). Because screaming at sex workers themselves that they should stop advocating for themselves would be kinda awkward; much better to pretend one is screaming at clueless suburbanites instead.

The second major problem is the extreme simplification of the problems of American inner cities. She describes scenes that are caused by the complex interaction of American sociolopolitical structures, such as a history of sexism; a history of racial discrimination, for example in housing (redlining, white flight, etc.); decades of economic policies that increase inequality and erode the social safety net; the War on Drugs; and, yes, the policies regarding prostitution. But her reaction to this complex image focuses solely on how angry what she saw makes her at people who promote decriminalization of prostitution. At no point during that entire triade did any of the other contributing causes get even a token mention; at no point did it apparently occur to the author that prostitution isn’t going to be any more illegal than it already is, and yet there it is, apparently causing all the misery she desribes, all by itself, such as in this unreflective bit:

As I take brown bags of food into boarded up and blighted out crack houses where 20 women live, pregnant, addicted, and sought after by the police. When raids are done it is the women who are arrested and jailed, not the Johns.

Well, guess what wouldn’t happen to prostitutes if prostitution were legal; and not a word about the harm caused by the War on Drugs, either, no matter how self-evident its contribution to the quoted scenario#.

Then, of course, there’s the strawmanning. Most advocacy for decriminalization is as part of harm reduction, which pretty blatantly states that there’s harm that needs reducing. It’s about letting sex-workers speak for themselves and their needs at AIDS/HIV-related conferences, about providing resources such as Ugly Mugs, about forming labor movements of sex workers so that they can take power and thus defend and strike back against their oppressors. Yet Pahman claims that people who call prostitution sex-work and are against prostitution being illegal are pretending there’s no harm being done to sex workers, and that discussions of the agency of sex workers are actually claims about sex workers voluntarily or freely choosing## to be prostitutes.

And lastly, there’s the problem of feministe having published that; and published it with the line on wanting to do violence against people who support decriminalization (who are often sex workers themselves) intact, to boot. This is not “centering sex worker voices”; despite that being the title of her response to the last fuckup (not a retraction, mind you), Jill Filipovic of feministe has clearly no desire to actually do that. Much better to publish a ranty prohibitionist bit that erases sex worker voices and even fantasizes about violence against them.

– – – – – – – – – – – –
*the removed bit went like this:

Some may say “well that is why we must legalize it” and I want to spit in their face. I want to grasp my fingers around their neck and choke the ignorance from them.. I guess violence begets violence because my eyes go red when feminists lecture about “sex work.”

**the author called it legalization, because the author doesn’t know what she’s talking about. I don’t actually know anyone on the pro-sex-worker side who calls for legalization; it’s always about decriminalization.

***some links to various articles/studies about effects of different laws on the harms related to sex work:
-> discussions of two reports on the effects of the “Swedish Model” in Norway; includes links to the report, but they’re in Norwegian: https://feministire.wordpress.com/2012/07/01/the-oslo-report-on-violence-against-sex-workers/ , https://feministire.wordpress.com/2013/05/13/the-latest-on-norways-sex-purchase-ban/
-> the actual report discussed in the first of the above articles, in English: http://humboldt1982.files.wordpress.com/2012/12/dangerous-liaisons.pdf
-> a NZ report on the effects of their decriminalization law: http://www.justice.govt.nz/policy/commercial-property-and-regulatory/prostitution/prostitution-law-review-committee/publications/plrc-report/documents/report.pdf
-> the new WHO guidelines for STI prevention and treatment among sex workers: http://www.who.int/hiv/pub/guidelines/sex_worker/en/index.html
-> South African position paper citing the reasons for supporting decriminalization: http://www.nswp.org/sites/nswp.org/files/Policy%20Brief%20Position%20Paper%20on%20Sex.pdf
-> a paper describing how possession of condoms is used as evidence for prostitution in places where any part of sex work is criminalized, with predictable consequences for health (it’s not just a NYC thing) http://www.nswp.org/sites/nswp.org/files/criminalizing-condoms-20120717%5B1%5D.pdf

****well, neither do sex-work advocates. But since we don’t get direct quotes from those people she’s asked about this, we can’t know whether they want it to stay illegal, or whether they’re pro-decriminalization. It’s a bit like those polls that said people were unhappy with Obamacare being used to support Republican opposition to it, when many people were unhappy with it cuz it didn’t go far enough.

#OTOH, who knows; maybe her opinion on drug policy is just as ass-backwards as her opinion on sex-work policy, and she would love to get violent against people who think the War on Drugs should end.

##This is pretty much why I’m opposed to the compatibilist conflation of free will and agency. Failing to clearly delineate the difference between those concepts leads to this kind of bullshit, or at least allow it to continue unchallenged.

The USA is not a safe place to send kids

When I was 17, I spend a year as a student in rural Canada, which resulted in a lot of culture shock. But you’re told about that when you prepare for your trip, and also that the Canadian families are very likely going to be much more religious than what we were used to. The kids who went to the USA got similar speeches, and sometimes their experiences were similar to mine. Very often however, the experiences went like this instead:
Polish Exchange Student in US: My Half-Year of Hell With Christian Fundamentalists

For example, every Monday my host family would gather around the kitchen table to talk about sex. My host parents hadn’t had sex for the last 17 years because — so they told me — they were devoting their lives to God. They also wanted to know whether I drank alcohol. I admitted that I liked beer and wine. They told me I had the devil in my heart.

My host parents treated me like a five-year-old. They gave me lollipops. They woke me every Sunday morning at 6:15 a.m., saying ‘Michael, it’s time to go to church.’ I hated that sentence. When I didn’t want to go to church one morning, because I had hardly slept, they didn’t allow me to have any coffee.

One day I was talking to my host parents about my mother, who is separated from my father. They were appalled — my mother’s heart was just as possessed by the devil as mine, they exclaimed. God wanted her to stay with her husband, they said.

or like this: Chinese Atheists Lured to Find Jesus at U.S. Christian Schools

When Randy Liang wanted to study in the U.S., his parents’ friends at a Christian group that provides medical and small business services in Shanxi Province recommended Ben Lippen. He enrolled in January, 2010, as a sophomore, largely unfamiliar with the Scriptures and the English language.

He “really hated” the school at first, he said. “I thought they were trying to force me to be Christian. I couldn’t understand what they’re talking about. I thought, ‘This is boring.’”

Liang adjusted as his English improved and he joined teams in four sports: football, wrestling, cross-country and track. After watching a creationist video in Bible class, he developed doubts about evolution. Now a senior, he prays with teammates before games, he said. He lives in a teammate’s home, and prays with the family for success on exams.

or like this: High School Exchange Students Housed With Murderers, Sexual Predators

One of the most shocking cases alleges that at least four exchange students suffered sexually abuse over the years by the same host father — even after the first student to stay with the host reported the incidents, NBC reported.

“He said ‘this is American culture,’ and I should get used to it,” Christopher Herbon of Germany told NBC News.

or this: Exchange students live American nightmare

Jarbola said a girl from Norway, who asked to be identified only by her first name, Anne, tried to alert officials that she and some of the students were in dire straits.

Anne told CNN she had school officials send an e-mail to Aspect in October explaining how bad things were and including photographs of the inside of the home where she was placed. The home was later condemned by the city.

Anne’s high school principal took her in, but other students weren’t as lucky and spent nearly the entire school year in unsafe homes, until Children and Youth Services was tipped off about a month before school ended, Jarbola said.

Jarbola, who said Anne’s e-mail is now evidence in the criminal investigation, told CNN that when welfare officials interviewed the students, one was so hungry he wept when they gave him pizza during questioning. In all, five of the students were removed from homes where they’d been placed by Aspect.

and even though the last article is peppered with references to how very seriously the State Department is taking the cases, the end result of that taking it seriously was that the State Department requires prospective host-parents to photograph their houses and provide “outside” references, and not much else.

And exchange programs are not the only way in which bringing foreign kids to the USA can end up extremely dangerous. For one, the same reasoning that leads Fundies and Fundie schools to try to get foreign students to come to the US is also fueling the adoption-craze among fundie Christians. In the past, there have been reports of abuse related to the Fundie “To Train Up A Child” abuse manual, or the “adoptions” of Haitian “orphans” post-earthquake which turned out to be kidnappings, and other such reports. Now, there is another report about “re-homing” children, which is basically about treating international adoptees like pets, to be dumped when they become inconvenient, often onto the first person who volunteers to take them in (which, unsurprisingly, sometimes turn out to be child abusers of various kinds); and again we hear of the complete lack of oversight by US government.

It’s no wonder than that many countries are wary of sending minors to the USA. In the past, some exchange programs stopped offering exchanges to the USA; and many countries also block adoptions to the US, or insist on being able to track the well-being of these children themselves.

A supreme court decisions roundup

an oddly large number of important supreme court decisions happened in the last few weeks. Instead of commenting on them individually and separately, I decided to put them all together; I don’t think it’s possible to get a decent idea of where the U.S. is heading, legally speaking.

1)United States v. Windsor and Hollingsworth v. Perry — These are the DOMA and Prop8 cases, respectively. The most important positive bit here is that in states where gay marriage is legal, gay married couples will now be treated the same as straight married couples at the federal level. The major bad part is that the way these two cases were handled, state-level bans on gay marriage are still perfectly legal, and states don’t need to acknowledge other states’ marriage laws. Basically, they turned gay marriage into a “states rights” issue. Still, this is at least 2 steps in the right direction: end to federal-level discrimination of already legal gay marriages, and the death of Prop * (and therefore restoration of gay marriage in California), but int he case of Prop 8, at a very high price, because the whole “standing” thing is arbitrary and can be used in really shitty ways to deny people access to courts.

2)Shelby County v. Holder and Arizona v. The Inter Tribal Council of Arizona — These are the decisions that (at least for now) defanged the Voting Rights Act and are very likely going to lead to massive voter disenfranchisement: while the court didn’t strike down the pre-clearance provisions(i.e. the requirement that certain states must submit to federal oversight and can’t change shit about their voting rules w/o the federal “go ahead”) themselves, it killed the Section that defined which states/counties/whatever the pre-clearance provisions apply to. So right now, they don’t apply anywhere, until Congress gets their act together (lol) to create a new formula “justified by current needs”. On the one hand, that sounds reasonable, because there’s many places in the US right now that are threatening voters’ rights that are not covered by the original formula, so the formula seems insufficient for modern needs. On the other, it only sounds reasonable to claim that the formula is “based on 40-year-old facts having no logical relationship to the present day” if you believe the BS about how “things have changed dramatically” in the South, meaning that the states who had Jim Crow laws then wouldn’t happily revert to whites-only voting if given the chance.
Which brings us to the second case noted above, which on the surface looks like a win because it invalidated one part of Arizona’s ID law; but if you look deeper, you’ll note that it pretty much describes a method of getting around the ruling. Plus, apparently, the supreme court just decided that the constitution only allows Congress “to regulate how federal elections are held, but not who may vote in them”. So discriminatory restrictions are A-OK, as long as you’re not on the currently non-existent list of entities subject to pre-clearance. :-/
Definitely a GIANT step back; wouldn’t be so bad if the US had a reasonable and functional Congress that could quickly provide a more updated formula. But then if that’s how the US Congress worked, this problem wouldn’t have occurred in the first place, since the formula would already have been adapted to modern needs (which would still include most of the South, but now with added “OMG teh illegalz are voting!!!” ID-issuing states.

3)Fisher v. University of Texas at Austin — this is a case dealing with affirmative action. It basically says that a university cannot simply declare that it needs affirmative action in its admission process to increase diversity; rather, it needs to show, in the court of law, that it doesn’t have other, non-race-based, means of achieving greater diversity. Since that didn’t happen, the case was kicked back to a lower court so that the lower court could make that determination. That decision does two good things: one, it reaffirms the importance of diversity and its validity as a rationale for how to weigh admission applications; two, it reaffirms that the constitution doesn’t demand colorblindness at all costs, i.e. that an exception for remedying racial injustices embedded in society does exist. Given the make-up of the current Supreme Court (see: Scalia and “racial entitlements”), that alone is surprising and counts as a victory. Still, it may make the continued use of affirmative action a lot more difficult in the future. For now, I’m counting this one as not moving us either direction.

4) University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University — these are both workers’ rights cases, specifically worker protection and rights in relation to the Civil Rights Act. The first case is about workers being protected from retaliation by the employer after complaining about discrimination; the second case is about when an employer is liable for discrimination. The ruling in the former says that a worker has to prove that the sole reason for being discriminated was retaliation (good fucking luck with that; an employer needs to come up with only one other plausible reason, and they’re off the hook). The ruling in the latter states that an employer is only automatically liable for a case of discrimination when the person doing the discriminating has the direct ability to hire, fire, or promote the discriminated against person (e.g. racially motivated negative performance reviews don’t count; harassment doesn’t count; always being assigned to be the person who makes the coffee in meetings doesn’t count). Both decisions are massive losses of workers’ rights against discrimination and harassment.

5)Agency for International Development v. Alliance for Open Society International — This case was about a foreign aid rule that stated that organizations receiving money from the US to fight HIV/AIDS, Tuberculosis, and Malaria had to be strictly against prostitution; meaning that sex worker’s rights groups and those dealing with HIV/AIDS prevention for sex workers weren’t given a penny even though they are one of the most at-risk populations. The Supreme Court ruled against the constitutionality of that rule. This is good. It’s narrow, because it only applies to broad issues not directly subject to the funding, meaning (in more familiar terms) that not allowing abortion as part of family planning when using federal family planning funds is still ok, but demanding a wholesale anti-abortion position from recipients wouldn’t be; so demanding an anti-prostitution position from recipients has been declared a violation of the 1st Amendment. Still, this is a good step forward, and a HUGE one in terms of actually helping marginalized people.

6)American Express v. Italian Colors Restaurant — this one is about arbitration agreements (about one between corporations, but according to the Supreme Court, corporations are people, so…); basically it concluded that a contract that precludes class-action arbitration or lawsuits is valid and therefore class action suits are forbidden if you signed one. Specifically, the argument that you can’t defend your claim b/c it’s too expensive for an individual is not a legally acceptable reason to void a contract.
And I’m willing to bet you’ve signed at least one contract forbidding either class action suits or forcing arbitration (e.g.: paypal has one).
Giant step backwards for worker rights and also for consumer rights.

7)Salinas v. Texas — 5th Amendment case, specifically about the “right to remain silent” and not have that taken as evidence of guilt. The Supreme Court decided that you can’t just clam up and assume that this will protect you. Apparently, you need to state, for the record, that the reason you’re shutting up is that you’re pleading the 5th, because apparently intent is what matters, not the right not to be forced to incriminate yourself (and now, that rule even applies when you’ve not been informed of this fact i.e. when you haven’t been read your Miranda rights cuz you’re not being arrested); therefore, officially, the dude in this case didn’t even use the 5th Amendment. And we still lucked out with this horrible result, because if the court had actually decided to consider the actual constitutionality of the case, we’d be discussing whether your silence can be used against you even if you do plead the 5th as long as you’ve not been arrested; and at least Scalia and Thomas very much think that you can only remain silent and not have that used against you is if you’ve been officially arrested and therefore didn’t “volunteer” to talk to cops nor can leave whenever you want to (how one could leave or not-volunteer to talk to cops when that behavior could now be used against you is a mystery to me).
Bad result, and definitely a step backward, but I don’t actually know much about the standard M.O. of cops to know how much of one. If it has until now not been the case that simple refusal to voluntarily talk to people (or leave, or say “i won’t say anything more without a lawyer, or whateverthefuck) could be used as evidence for guilt in court, then this permission to do so will have horrible effects on people and people’s rights; if cops and courts have already been doing this anyway, and the court case was an attempt at a novel defense from that behavior, then this changes nothing but “merely” enshrines a certain behavior in law; that would be a much smaller step back.

8)Adoptive Couple v. Baby Girl — this is a very complicated adoption case, so I’m gonna actually talk about it in its own blog-post. ATM, I’m just going to note that
a)the kid is NOT actually going back to the people who were trying to adopt her, even if it sided with their interpretation of which NDN children the ICWA applies to. That’s because the people who wanted to adopt “baby Veronica” hadn’t yet done so, and tribes have priority rights in placing children who are (eligible to be) members of their tribe, and baby Veronica is definitely a member of the Cherokee Nation (you can ignore the BS about how she’s “1% Cherokee”, because that’s not how it works; the Cherokee Nation don’t consider themselves a race but a nation, and the kid qualifies for citizenship).
b)The court ruled that the IWCA didn’t apply in the original case so the bio-father didn’t have overriding rights to custody, but now there is an established residence with the tribe, so NOW it might apply, and a new case will likely be required to sort this shit out.
c)Regardless of the details, choosing the narrowest definition of the IWCA is definitely a step back for tribal rights at least; and could set a horrible precedent in which NDN kids taken away at birth wouldn’t be considered eligible for the protection under the IWCA.

Overall judgment: recent Supreme Court cases have set back the rights of marginalized people massively: the exceptions were DOMA and the sex worker case, but these exceptions can’t and shouldn’t overshadow the regressive and oppressive trend.

Texas jury: Escorts who follow the law are thieves, and shooting AK 47’s in someone’s direction is not intent to harm

Lenora Ivie Frago was shot on Christmas Eve 2009 in a dispute over $150; the shooting paralyzed her, and caused her death several months later. Her killer was accused of murder, but was just acquitted; and not because the jury didn’t think he shot her, but because they thought it was ok to shoot and kill her.

Frago was an escort advertising escorting services on craigslist. This is legal in Texas, as long as “escorting” is defined as renting someone’s company, not sex; prostitution is illegal in Texas*. So I’m going to speculate that the escorting ad in question didn’t say that sex was included in the price, and therefore legally, it can’t be theft or breach of contract or whateverthefuck to pay $150 bucks and get an escort to spend time with you, rather than fuck you. Regardless of what you thought you were paying for; regardless of whether the woman was really just a date-for-hire or a prostitute trying to “upsell”; legally, the only thing you could have possibly paid her for was company, no sex. And yet, the argument of the defense hinged on the claim that Frago stole her murderer’s money by refusing to return it after no sex happened and she was ready to leave. The “theft” line of reasoning was necessary because Section 9.42 of the Texas Penal Code allows “using deadly force against another to protect land or tangible, movable property”, and the only way a payment to an escort can be still considered the payer’s “tangible, movable property” is if she was in the process of stealing it, rather than in the process of leaving after doing all that she’s legally allowed to do in her job.
So that’s the first bit of toxic bullshit: apparently following the law about escorting is theft now.
The second bit of toxic bullshit comes from the very fact that you’re allowed to shoot-and-kill anyone over a property dispute at all, but it is Texas we’re talking about.
The third and fourth bits of toxic bullshit come in when you actually read Section 9.42. The relevant parts read as follows:

(1) if he would be justified in using force against the other under Section 9.41**; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
[…]
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means

So in order to use this particular defense, the defense tried to convince the jury not only that doing what escorts are legally permitted to do was theft, but also that a)deadly force was necessary to stop Frago; AND b)that there wasn’t any other means whatsoever of getting his $150 back (such as suing her for fraud or breach of contract or whatever)

There’s an alternative theory about why the jurors acquitted: this was a murder trial, which according to the Texas Penal Code requires that a person

(1)intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

or, translated into English, murder is when you try to kill or severely harm someone on purpose, or you harm someone in the process of committing another felony. So. Dude claimed that he didn’t mean to kill, and was aiming at the tires of the car Frago was in, and (at least according to the defense) it looks like what ultimately killed Frago was a bullet ricocheting from another part of the car.

But

Dude shot an AK 47 at the car. An AK 47***. Doesn’t fucking matter what you were aiming at, there was an extremely high likelihood there was going to be injury, and on owner of an AK 47 should bloody well know that; because even I know that AK 47’s are ridiculously inaccurate weapons. If that’s not “intend[ing] to cause serious bodily injury and commit[ting] an act clearly dangerous to human life that causes the death of an individual” I don’t know what is.

So either way you look at it, and regardless of which bullshit argument convinced the jury that shooting at escorts with assault rifles is a-ok, the verdict is a pile of toxic bullshit: gun worship; misogyny; whorephobia.
– – – – – – – – – – –
*on a side-note, I find it… “interesting” that they felt they needed to draw a distinction between “sexual intercourse” (PIV), and “deviate sexual intercourse” (oral/anal)
**Section 9.41 is the one that specifies when you can use force in general (as opposed to deadly force) to defend your property; this is where the “theft” bullshittery comes in.
***who the fuck brings an AK 47 to what they think is going to be 30 minutes of screwing?! That’s first class toxic bullshit right there.