Tag Archives: current events

HB2: Legislating Bigotry

by Jay Parr

Last Wednesday, March 23, the North Carolina General Assembly convened in its Second Extra Session of the 2016 legislative yearan “emergency” session, with the request for that session and the proclamation that it would be held both filed by the clerk only one day before. The session convened at 10:00 AM, and a new bill was introduced in the state house of representatives. It was debated and amended and passed in the span of five hours, the final vote taking place at 3:04 PM. From there it was passed on to the state senate, where it passed its final vote a little over three hours later, at 6:29 PM. Forty-five minutes after that, at 7:14 PM, Governor Pat McCrory tweeted that he had signed it into law.

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That law takes effect today, April 1, 2016. April Fools’ Day. There’s probably some joke about putting such misguided legislation into effect on this, of all days, but you can rest assured that this post is not an April Fools’ Day prank.

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I’m the first to admit that I understand very little of what Governor McCrory or the NC General Administration has done in recent years, so it was no surprise to me to learn that they had done something else I found totally baffling. I was, however, a little surprised that they had convened an emergency session to do something I found totally so baffling about something that was so far from an emergency. McCrory’s next tweet, two minutes later, purported to provide something of a justification.

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The “Ordinance” to which McCrory refers here is a nondiscrimination ordinance that was set to go into effect in Charlotte today, which would have added “marital status, familial status, sexual orientation, gender identity, [and] gender expression” to the list of protected statuses in such areas as housing and employment, and would have implicitly allowed transgender people to use the restroom facilities best corresponding to their gender identity. That is, it removed the old verbiage more or less requiring this transgendered woman to apply her lipstick in the bathroom with the urinals behind her.

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As an aside, I found it interesting that both of McCrory’s tweets used precious characters to invoke the word “bipartisan.” That emphasis prompted me to go look. What I found was far from anything I would describe as bipartisan. The representatives calling for the special session were all Republican, with every Republican representative except one (Chuck McGrady of Henderson) joining the call. No Democrat called for it, nor did NC’s one unaffiliated representative. The thirty-six sponsors of the bill, including the four primary sponsors, were all Republican. In the House vote, every Republican representative got in line with an aye vote. Most of the Democrats and that one unaffiliated representative voted nay. When the bill came to a vote in the senate, the entire Democratic side of the aisle walked out in protest. That bears repeating: Every single Democratic state senator walked out of the senate vote in protest. There were, however, eleven Democratic representatives back in the house, mostly from relatively conservative rural districts, who for some reason or another voted aye. I guess those eleven votes are where McCrory gets his claim that it was “bipartisan.”

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While we’re unpacking those tweets, let’s take a look at McCrory’s phrase about the Charlotte ordinance, “allowing men to use women’s bathroom/locker room.” If you read the ordinance deemed so objectionable as to warrant an emergency session of the state legislature, the only relevant language (on p.4, under Section 3) is as follows:

“It shall be unlawful to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation because of race, color, religion, sex, marital status, familial status, sexual orientation, gender identity, gender expression, or national origin.” (PDF)

That language does replace some language specifically excluding “[r]estrooms, shower rooms, bathhouses and similar facilities which are in their nature distinctly private” (the struck-through language on the PDF), but it’s a bit of a stretch to portray it as opening the door for me, as a cisgendered male, to pull on a dress and go lurking about in the ladies’ room.

But that’s the bogeyman that was invoked. This guy. Lurking in the bathroom. Waiting for your wife and daughter.

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For the record, that guy’s at a movie with his young niece, who wanted to wear her Cinderella dress but was worried about being teased, so he dressed up in a Cinderella dress along with her. That guy has more cojones than the entire NC General Assembly combined. But I digress.

McCrory’s tweet only works if you define a transgendered woman as a “man.” The only way to define a transgendered woman as a man is to completely ignore the complexity of sex, assigned sex, gender, gender identity, and gender expression. That is, to define a trans woman as a man, you have to insist that one’s gender expression is always dictated entirelyand solelyby the contents of his or her first diaper. You have to insist that sex=gender, always, and without exception, and you basically have to insist that your [sex=gender] equation is always binary, male or female, and deny the existence of intersex people. It’s a slippery slope, even if you dictate your definitions entirely by biology. I give you Pidgeon Pagonis, one of the hundreds of thousands of Americans born neither entirely male nor entirely female, but basically a little bit of both.

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Of course, we as a culture have a history of being threatened by exceptions to binary gender. We revile people who do not conform to the gender norms of their assigned sex, and we take it so far as to view a stay-at-home dad as a worthless freeloader and the career-oriented mom who supports him as a heartless, distant, and probably unfit mother. And that’s a couple that is entirely heteronormative. A woman born male, or as she is more commonly described, a “man who wants to be a woman,” just gives Americans the willies. We are so attached to the notion of binary gender that when a baby is born intersex, our first cultural and medical impulse is to subject that baby to “corrective” surgery, to “fix” those nonconforming genitals, and we continue to do so despite the fact that those surgeries are literally a form of genital mutilation, and despite overwhelming evidence that it is both medically and psychologically damaging to the child, and to the adult that child will become. With a background like that, it’s no wonder that certain segments of our population panic at the notion of “penises in women’s rooms.”

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But let’s talk for a moment about the utter paucity of evidence indicating that any transgendered person anywhere in the United States has engaged in sexual misconduct in a public bathroom, let alone sexual harassment or predatory misconduct toward a cisgendered victim. You have most likely shared a public restroom with a transgendered person on at least one occasion and never knew it. In fact, despite there being some seven thousand transgendered people for every US senator in the country, you’re more likely to be groped by a senator.

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There is, on the other hand, ample evidence of transgender people being harassed, assaulted, and even killed for using public restrooms. Reliable statistics are hard to find, because many law enforcement agencies have only recently begun tracking gender nonconformity as an impetus for hate crimes, but the vast majority of transgender people report having been harassed and bullied, often in bathrooms, usually beginning as early as elementary school. Many have feared for their lives. Many have been physically assaulted. Too many have been killed. To quote an article that appeared in the scholarly journal Aggression and Violent Behavior a few years back:

“[S]ources indicate that violence against transgender people starts early in life, that transgender people are at risk for multiple types and incidences of violence, and that this threat lasts throughout their lives. In addition, transgender people seem to have particularly high risk for sexual violence.” (14.3, pp 170-179)

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According to FBI hate-crime statistics for 2014 (which was only the second year gender identity was tracked), “the number of violent crimes motivated by the victim’s gender identity tripled from the year before” (ThinkProgress). Now, we can attribute that jump to a system that’s just starting to track those statistics, but if we go over to the US Department of Justice’s Office for Victims of Crime, we find this little gem about how safe any trans woman really is anywhere:

“50 percent of people who died in violent hate crimes against lesbian, gay, bisexual, transgender, and queer (LGBTQ) people were transgender women[…]. Sexual assault and/or genital mutilation before or after their murders was a frequent occurrence.” (ovc.gov)

Let’s break that quote down a little: Transgender women, who account for maybe five percent of the LGBTQ population, account for half of those killed in hate crimes. Oh, and they’re likely to get raped and/or mutilated in the process. No wonder Madeline Goss doesn’t want to go in the men’s room.

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Meanwhile, over in the ladies’ room, the women who are supposed to be “protected” by this law are now legally required to share it with this guy.

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Sheffield’s tweet went viral, and while he admits that “It’s super funny to think about some bearded hillbilly in a stall next to the governor’s wife while she clutches her pearls,” the reality of the situation is actually a lot darker, and a whole lot more dangerous for the trans person.

“I can follow the law and go into the women’s room in a state that’s a Stand Your Ground state with a very liberal open carry law, and if I do that, are women gonna stop and ask me if I’m trans? Or are they just going to shoot me because they think I really am a predator because all they see is some bearded guy walking into the women’s room?” (Mic)

Now, this is a guy who can pass comfortably as a cisgendered man, so in reality, he can most likely continue to use the men’s room (in a closed stall, of course) and no one will be the wiser. But what about all the transgendered folks who are early in transition and don’t pass comfortably as either binary gender? What about the genderqueer folk who aren’t comfortable on either side of the gender binary, or the intersex people who don’t biologically fit into either side of the gender binary? Heck, what about the men who just plain have a really feminine physicality? Or the women who just have a really masculine one? Is it justice to force these people into an artificially imposed binary? Is it justice to force them into the room where they are exponentially more likely to be harassed, bullied, assaulted, and even murdered? All so we heteronormative cisgendered folk can avoid maybe being a little uncomfortable? I mean seriously, which bathroom would you have this person use?

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Let us not forget that transgender people are already a threatened demographic. Reliable statistics are hard to nail down, because the population has been largely ignored by law-enforcement agencies and social-science researchers alike, so the numbers that are available are usually self-reported and from relatively small sample sizes, so they tend to have wide margins of error. But what they do tell us without a doubt is that most transgender people experience harassment and bullying, usually beginning at a young age, and often coming from figures of authority. They tell us that somewhere around half of transgendered people are rejected by their own families. They tell us transgendered people are orders of magnitude more likely to be homeless, or to be denied basic services, or to have significant mental health issues such as major clinical depressiongee, I wonder whyand that somewhere between one third and one half of all transgender people have attempted to commit suicide at some point in the past.

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If you need something a little more personal than statistics, and if you feel like watching a brilliant movie that’s admittedly a little hard to watch, pop over and check out Boys Don’t Cry (1999), starring Hilary Swank in what is arguably her best acting turn ever, as 21-year-old trans man Brandon Teena, who was raped and murdered in 1993 when his cover was blown (Wikipedia). Here’s a trailer that links right to the full-length film.

The McCrory administration and the General Assembly don’t seem to have sought out any of these statistics, or to have considered the impact their actions would have on an already-marginalized and endangered population, before springing into action. Instead, they seem to have done just as they did with Amendment One a few years ago. In yet another decidedly anti-intellectual action, they seem to have acted on ignorance, out of irrational fear of an unsubstantiated bogeyman, to protect a privileged class from having to potentially step outside of their comfort zone a little, and in the process, throwing an already underprivileged classof folks people who are already marginalized by society and by the legal systemunder the bus.

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As for McCrory’s rhetoric of the Charlotte ordinance “putting our women and children at risk,” that sounds to me like a thinly-veiled version of Hermann Goering’s “[T]ell them they are being attacked” tactic. After reading some other analyses of HB2, I’m also not entirely certain to what extent the whole mishegas was about some of the other powers that were quietly wrested from the municipalities and consolidated at the state level, such as the authority to determine the terms for public-bidding contracts or to set local a minimum wage. We don’t have space to explore those details here.

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Looking at this issue from a more global perspective, I have to point out the fact that all-gender toilet and bathing practices have been common throughout much of the world and throughout much of history, and at levels of social organization ranging from nomadic bands to advanced state-level societies. In much of the world men and women and children, young and old alike, have bathed and do bathe in common, communal spaces, and have and do use common, communal toilet facilities. In some cases those are little more than latrines. In some cases they are advanced bathroom facilities that are designed from the ground up to be shared by members of either (or any) gender. They are almost universally a safe space, policed by the guidelines of community etiquette and often by an additional subset of bath- or toilet-specific etiquette, and they are almost never a space marked by heightened sexual energy, harassment, or bullying.

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If we could adopt attitudes more like that in the US, it would certainly take some of the angst out of this who-uses-which-bathroom issue. Unfortunately, I don’t see that happening anytime soon. We’re too steeped in our puritanical taboos about any sort of bodily functions, and our insistence on equating any level of nudity with sex, and our amazingly strong cultural taboos about sexuality and sexual expression outside of a very narrow set of parameters driven mostly by, interestingly enough, the marketing industry.

Maybe if we could get the marketing industry to normalize nonbinary gender, then we wouldn’t have laws that force someone (who just needs to pee) into a situation where (s)he is quite so likely to encounter violence just for existing. Maybe we could create a culture where someone doesn’t have to carry these cards around in his pockets to try to defuse the situation that is sure to arise.

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The silver lining to all this just may be that it seems to have opened up a new conversation about trans issues. Maybe, just as Amendment One did, it will help raise enough awareness to tip the balance of public opinion. That’s the best possible outcome I can think of. But until this situation is solved and trans folk can safely use the bathroom that corresponds to their gender identity, the bathroom in my office is open to anyone who needs it. It’s the least I can do.

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If Elected as Your President…

by Jay Parr

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Well, it’s getting to be election season again. I’m sure you’ve noticed. Fox News hosted the first “debate” recently, and there are, what, seventeen candidates going after the Republican nomination now? At least on the Democratic side it’s mostly Hillary against that plucky underdog Bernie Sanders. That is, unless Uncle Joe decides to throw in his hat.

So I’ve decided it’s time for me to announce this: Under no circumstances will I be running for the office of President of the United States of America. No way. Just ain’t gonna happen. Or, to paraphrase that old Sherman dude, if nominated I will not run, if elected I will not serve.

First of all I was an adventurous and nonconformist poor kid in my teens and twenties (okay, and thirties). There’s way too much dirt to be dug up on me. Sure, my response to most of it would be, “Yeah? And?” But no one wants their friends to end up becoming collateral damage, right?

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That and I really have no stomach for the machinations of politics. I get a bellyful of politics and diplomacy just trying to advocate for our students, here in my bottom-rung administrative position for the BLS Program. If I had the entirety of Congress trying to stymie me at every turn (Every. Single. Turn.), I would probably either have a psychological breakdown or a psychotic break. Think, “Hammer-Wielding President Rampages Through Capital!”

Anyway, it’s still fun to think about what one would do as the “leader of the free world,” so why not?

I’m thinking my campaign slogan would have to be SHAMELESSLY LIBERAL. Something along those lines anyway, and I don’t think “What a Pinko” has quite the right tone for a presidential campaign.

Anyway, I hear you say. Enough of this navel gazing, what would you do?!

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Universal Health Care: Single-payer style. You need a doctor, you go to a doctor. Doesn’t matter if you’re a billionaire or homeless, a veteran or an artist. Every citizen, every veteran, every President, every billionaire, every college student, every crack addict, every member of Congress (yes, every member of Congress), has the same level of coverage. I am firmly of the opinion that for-profit health insurance and for-profit medicine are among our great societal evils, in that they profit handsomely on the misfortunes of others. So let’s take them out of the picture; you go get the medical care you need, and your taxes pay your doctors’ salaries. Yes, your taxes will go up. Yes, the doctors’ gross incomes will go down. You’ll still be paying less for your healthcare, and your doctor will still be making the same net income, maybe more, after our taxes also pay for her education. Which brings me to…

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Access to Education: At any level. Free of charge. Any student who is doing reasonably well can attend any public university, in-state or out-of-state, to any level, absolutely free, with a stipend for living expenses, and can finish a BA, an MA, an MFA, an MDiv, a PhD, a JD, an EdD, or what have you, and walk away totally debt-free. Also paid for by our taxes. It’s not as expensive as you might think (a fraction of our annual spending on our recent wars, less than we spend incarcerating nonviolent offenders), and in the long run it is simply in the best interest of the nation to invest in an educated populace. Educated people contribute more to their communities and to their countries, both in tangible contributions to GDP and in intangible contributions to quality of life. When the reason a talented and motivated young person doesn’t pursue her PhD in engineering is because her family’s working-class background makes it financially untenable, it’s not just that child that suffers. It’s all of us. When the person who would have discovered the cure for diabetes is stuck flipping burgers in West Cowtown because the cost of education is prohibitive, it’s not just she and her family that suffers. It’s all of us. When the poor black kid from Baltimore starts his lifelong career in the corrections system at fourteen simply because he is presumed to be a criminal by everyone he meets, that’s one more life lost. One less chance for the world to have its next once-in-a-century artist, musician, scientist, statesman, what have you, and at a cost several times higher than providing him with a top-notch education.

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Campaign Finance Reform: The billionaire Koch brothers want to eliminate all limits on campaign contributions so that the wealthiest citizens can basically buy the government. I want the opposite. At the very least I would like to see individual donations limited, and corporate donations and superpacs eliminated altogether. I even like the idea of going a step further and requiring candidates to campaign under uniform conditions (think of NASCAR’s equipment restrictions): Each candidate campaigns through a standardized system supported by tax dollars, through which their sponsored bills and voting records are shown, they have the opportunity to comment on their votes, and they can make positional statements. Advertising reminds voters to study the candidates, make their choices, and to vote on election day. And hey, let’s make election day a national holiday while we’re at it.

Automatic Voter Registration: Oregon just did it. We can do it nationally. Anyone who is eligible to vote is automatically registered upon receiving a driver’s license or state-issued identification card. Other mechanisms may also be explored to catch the people who have neither (e.g., Social Security rosters). The idea is that anyone who is eligible to vote is registered by default. To further encourage participation, it would be worth exploring a small stipend for each voter, to be issued when the ballot is cast at the polls (or when the absentee ballot is processed). For less than the costs of recent campaigns, each voter could be offered a few bucks to encourage her to actually show up and vote. Democracy simply doesn’t work when most of the population doesn’t bother to vote.

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Eliminate the Political Party System: The party system mostly works to keep representatives in line with the wishes of an elite power base. Independent candidates are rarely elected (there are 2 in Congress, out of 535 members), and that leads anyone with political aspirations to align themselves with one major party or the other. From that moment they endure pressure to vote certain ways on specific items of legislation and even on whole issues. This pressure, in effect, means they can no longer represent their constituencies or even their own consciences, because they are beholden to represent their political party. When there are no sides of the aisle, no party affiliations, that pressure is removed and the candidate can run, and the representative can represent, according to their own convictions and the wishes of their constituencies.

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Eliminate Corporate Lobbying: Another method by which a monied few exercise disproportionate influence on political outcomes. No energy-policy debate can be balanced when petroleum-industry interests are pouring hundreds of millions of dollars into lobbying efforts. Likewise, no healthcare-policy debate can be balanced when insurance-industry interests are doing the same. Lobbying is a $3,250,000,000.00-per-year business. That’s over a thousand dollars a year for every single person in the country. Imagine what could be done with that money if it weren’t being used to skew political outcomes in the favor of the wealthiest individuals and corporations.

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Restructure Congress: In 1789, there were about 30,000 constituents per representative in the House. Today, there are some 700,000 constituents per representative. That makes each seat more powerful and thus more subject to big-money influence. It’s time to go back to representatives who actually know their constituencies; in today’s world of teleconferencing and telecommuting, we could easily go back to one representative for every 30,000 constituents. Yes, that would make the House some 10,000 members. No, it would not be necessary to assemble a 10,000-member House of Representatives at the Capital building for every session of Congress. Each member could work from a local office in her district, accessible to her constituents. That office could be her designated location for voting and for filing legislative documents. Floor debate could be held with a combination of in-person and electronic attendance. A representative could serve her entire term, in fact, without ever setting foot inside the Beltway.

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Eliminate the Senate: Having two senators per state skews senatorial representation in favor of the less populous states: Montana, Wyoming, North Dakota, South Dakota, Alaska, Delaware, and Vermont each have only one representative in the House, and they each have two senators. California, with 53 representatives and a far greater population than those seven states added together, also has two senators. Further, having two senators who represent a large and wealthy state means those senators are far more likely to be influenced by big-money interests within their states (and maybe even from outside their states). Basically, senatorial representation is in no way representative of the populace, and is far too subject to big-money interests. It’s a throwback, a mimicry of the equally non-representative House of Lords. Let’s get rid of it.

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Marriage Equality: Wait, I hear you say. The Supreme Court just did that. Well, not exactly, and not completely. Yes, Obergefell v. Hodges was definitely a step in the right direction, but a Supreme Court ruling is an interpretation of constitutional law. It is not, and should not be, federal law or even federal policy. The ruling also has its limitations, and I’m sure you’ve heard about folks agitating to resist, or ignore, or otherwise malign the Supreme Court’s authority in this matter. I’d like to put an end to all that.

The first order of business would be separation of church and state in the marriage business. A couple of ways this could be done: 1) Perform all legal marriages in the courts, as is done in Mexico, and let the spouses also have a non-legally-binding church ceremony if they’re so motivated; or 2) Separate the role of officiant (i.e., representative of the state in the matter of the marriage to be performed) from that of ordained clergy (i.e., representative of the church), and create a process by which a person can have herself authorized to officiate a wedding ceremony. Anyone would go through the same process, ordained clergy or otherwise, but it would be a separate process, a legal process, and the role of officiant would be understood to be (and literally) a legal role independent of any religious ordination.

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On the matter of marriage equality, I would also go a step further than simply same-sex marriages. Marriage equality needs to be for everyone. As marriage is the legal codification of a committed relationship, and the legal status carries certain rights and benefits, the legal framework should accommodate any configuration of committed relationship. This means not only same-sex marriage, but nonbinary-gender relationships and consensual polygamy in any configuration (polygyny, polyandry, or other polyamorous arrangements). I don’t have this all sorted out, because I’m not a gender-studies person and the math can get complicated in a hurry, but the basic idea is that there is a status for spouse and one for co-spouse, and that the legal rights carry between anyone in that status (and yes, in theory, one could be in more than one multiple marriage, with branching relationships of co-spouses in either direction). My one caveat would be that all parties in the marriage would be required to sign the license to add a new member.

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A Legal Third Gender: Here are the facts: Not all people identify as the gender they are assigned at birth. Not all people identify as either gender. Not all people even fit into binary gender categories at birth (i.e., intersex). There needs to be a legal gender category for people who don’t fit into that binary. I like “nonbinary” as a catch-all term, myself (“other” is, after all, quite literally othering). And yes, there are countless subdivisions of nonbinary gender, but in the end it’s a small enough population that I’m inclined to think one catch-all category is sufficient for most legal purposes (I’m talking driver’s licenses and the like) . Of course, finer distinctions can be made where they’re called for, but any legal document that notes gender needs to have a nonbinary option.

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End Mass Incarceration: We love to call ourselves the “land of the free,” and yet we have an embarrassing percentage of our population incarcerated, most of them minorities, and most of them for nonviolent crimes. Zero-tolerance drug laws, three-strikes policies, and other hardline legislation mean a lot of people are serving years- and decades-long sentences over petty lifestyle offenses and what I like to call crimes of poverty. Oh, and it costs us a ridiculous amount of money. As in, enough money to make college free for every student in the country. Justice would be better served, and in the long run it would cost us a lot less money, if the majority of those prisoners had their sentences lifted. Of course, amnesty isn’t quite that simple, as most of those prisoners, by virtue of their disadvantages from having been prisoners, will need financial support and career rehabilitation to help them get reestablished in society. In the short term, implementing such an amnesty policy would be herculean, but it shouldn’t be necessary in the first place. So here are some thoughts on how to correct the situation in the long term.

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End the War on Drugs: The War on Drugs hasn’t done a whole lot to reduce drug use in this country. Most of what it has accomplished (aside from creating an enormous prison population) is to drive the black market for drugs further underground and make it more violent. Prohibition taught us that illegal distribution creates violent gangs, whereas legal distribution creates a peaceful business culture. It also taught us that, all moral objections aside, where there is demand for a product or a service, someone will provide a supply. The demand for weed isn’t going away. Neither, unfortunately, is the demand for harder drugs such as heroin, cocaine, crack, meth, et cetera. The solution is not to attack the suppliers of those demands with militarized law-enforcement agencies. All that does is create a militarized black market. Instead, we should allow businesses to create legal, taxed, and regulated supply streams, at prices that can out-compete the black markets, and let the economy run its course (how often do we see black-market liquor these days?). Instead of sinking revenue into futile attempts at enforcement, we generate tax revenue, which we in turn use to discourage the more violent elements of the market, and to provide quality rehabilitation services to those who need them.

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Decriminalize Prostitution: Most people who engage in prostitution do so because they have little choice. We must create a legal system which protects those sex workers from further harm and recognizes their vulnerability to abuse, instead of criminalizing them for engaging in what may well have been a last resort for survival. Sex workers should be able to come to law-enforcement agencies knowing that they will find sympathetic advocates. The current reality is that most sex workers find themselves unprotected, in lawless conditions, because approaching law-enforcement agencies will most likely result in slut-shaming and denigration at best, and arrest and imprisonment at worst.

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Decriminalize Poverty: Let’s face it, in the final analysis the vast majority of people in prison are there because they are poor (and minorities). The wealthy Duke student gets busted with ten grams of weed, his family knows a good lawyer who keeps the kid out of jail, and maybe successfully argues to have the arrest expunged because, you know, wouldn’t want to ruin the kid’s career potential over a youthful indiscretion. The poor black kid from a bad Durham neighborhood gets busted with the same ten grams of weed, the entire system presumes it to be one sign of a larger pattern of criminality (not helped by the fact that he’s not very good at code-switching into white “civilized” speech), he gets assigned a green public defender straight out of a bottom-tier law school, and there’s that time he got busted for throwing a rock at a cop car on a dare, and next thing you know the kid’s serving a good chunk of his twenties in county.

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Outlaw Private Prisons: The incarceration of prisoners should never be a for-profit business, and allowing it to run as such only encourages prisoner abuse. The corrections system also allows prisoners to be paid well below minimum wage for assigned work; combine that with a for-profit prison and you basically have slave labor.

End Capital Punishment: Two words: Posthumous exoneration.

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Police Reform: It has become obvious to me that there needs to be a sea-change in the attitudes of police agencies. There seems to be a default assumption of criminality on the part of law-enforcement personnel in far too many of their interactions with the citizenry. Police departments need to be demilitarized, and shows of military-grade force on the part of police departments needs to come to a stop nationwide. Right now. The climate of policing needs to shift such that police personnel interact with the public from an assumption of innocence, that the person they are facing, even the person they are detaining, is a fellow citizen trying to do his best to get by. Even if he runs. Gunfire should be reserved for situations in which the officer or nearby civilians are actively under threat of imminent harm. I’m even starting to wonder if the average beat cop may even be better off without that sidearm. That will bring me to my ideas on gun control in a bit.

But first, I think policing could be improved with a couple of other little adjustments. First, fine revenue should be divorced from municipal budgets in such a way as to remove any pressure on police personnel to generate fines (and most fines should be eliminated anyway, as they disproportionately impact people with lower incomes). There should be no room for even the perception that a police officer’s primary role is to ticket law-abiding citizens for minor offenses. I also think a lot could be done for the quality of policing if the starting salary were somewhere in the range of $50,000.

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Gun Control: I’m going to lose some people here. I’m okay with that. I’ve hit on an idea that I think might help reduce some of the insane gun violence in our country without inciting the “well-regulated militia” to revolt. Here it is: You get to keep your guns. No one is going to come and take them away from you. Some of them might become a little harder to buy in the future, and some of them you may not be able to sell to anyone but the government for destruction. But you can keep them. The catch: If you have that firearm in public it must be unloaded and in a locked case. If the firing chamber can be disassembled without tools, it must be disassembled. If you have ammunition, it must be in a separate locked case. That way, you can still go hunt on private property or shoot at the firing range. But if anyone walks into a big-box store with a holster on her hip, or walks down the street with a rifle on his back, we don’t have to wonder if that is someone about to go on a killing spree or a law-abiding citizen who just happens to be an open-carry activist. Because anyone in public with an uncased and loaded firearm is not a law-abiding citizen. Possession of an uncased firearm would be a primary offense under this law (which is to say you could be arrested on sight for it), and such possession within sight-lines of a school, hospital, place of worship, shopping area, performance venue, or other public gathering place would be a felony.

Tension Rise On Mexican Border After Border Patrol Agent Slain Last Week

Immigration reform:  A path to citizenship for dreamers and past illegal immigrants, and reasonably open borders for people who would come to live and work in the United States. As with drugs and prostitution, I am essentially proposing a legal path for what is already happening on the black market, and a recognition that our current laws tend to criminalize actions taken out of sheer necessity. As things are, illegal immigrants are literally second-class citizens in this country. Our immigration and naturalization system considers the fact that they are in the US illegally more important than anything they may come to law enforcement agencies about, be it that they were cheated out of pay for work they’ve done, or that they were detained, imprisoned, and forced into slave labor, or even that they were raped, physically abused, and forced into prostitution.

And So Much More: Comprehensive sex education and free, no-questions access to contraception for students. Close GITMO (not like Obama didn’t), not just the prison camp but the whole base, and give the land back to Cuba. While we’re at it, close all our bases in foreign nations where our presence is a signal of oppression and not cooperative peacekeeping. End our involvement in sundry military engagements, significantly downsize our standing military, divert those funds into improving the quality of life in our own country and taking care of the veterans who have made lifelong sacrifices in the line of duty. End subsidies for fossil fuels and subsidize development of domestic renewable energy sources. Subsidize a shift away from point-source power plants to distributed generation and storage of energy (rooftop solar, neighborhood-level wind generation and power storage). Subsidies to encourage the development of offshore wind and desert solar generation. Mass transportation at a level that can effectively compete with personal transportation, both on a local level and on a city-to-city level. Road-use taxes and fees to subsidize mass transportation and encourage use of alternative, non-car modes of transportation. A legal class of intermediate city vehicle between the highway-rated passenger car and the 25-mph NEV (“neighborhood electric vehicle,” essentially a golf cart).

As it turns out, putting together a platform for president means thinking deeply about a whole lot of issues. I’m gaining on 4,000 words here and still haven’t addressed any number of major issues. But I’m done. I’ve run long, I’ve run out of time, and I’m not really running for president anyway so I don’t even have to answer your questions if I don’t feel like it. And of course, these are all just my opinions. Some of them are more thought-out than others. Some of them may be downright uninformed, but that hasn’t stopped any number of presidents from doing any number of things in the past. The ideas in this post have been a long time in the making, and I am glad to see certain candidates talking about some of these ideas, and calling attention to a lot of things that have been very wrong for a very long time. I am even glad to see our sitting president, with whom I have had my disagreements, using his lame-duck position to get serious about some of the things that he has been talking about for a long time.

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And I will leave you with this: No matter your political convictions, please please please (please!) take the time to keep yourself politically informed, to research your candidates, and at the very least, to get out on election day and vote. Democracy only works if the people participate. Otherwise, it reverts back to some form of plutocracy, in which the wealthy hold all the political power and we hoi-polloi become more and more disenfranchised. So for the love of all that is sacred and holy, please, vote! Or to put it a different way…

You Can’t Want What You Want

by Matt McKinnon

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I am somewhat taken aback by the national and international attention to the Rachel Dolezal story. When I first read of it (on the BBC website of all places) I was confused: why is this news, much less international news?

It has only gotten worse.

I shudder at what amounts to a feeding frenzy from both conservatives and progressives alike, with each new detail from her past trumped only by each successive interview she gives.

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But what I find fascinating is how we think of and treat the question of “race” itself. We know it’s not biologically “real,” that it is a social construct, that it is actually a relatively recent convention born out of a Modern misapplication of biology to earlier attempts at classification based first on language and later physical appearance.

Contemporary science no longer thinks in terms of “race” as a biologically-based set of qualities that separates groups of people used for taxonomic purposes. For science, “race” has been rendered antiquated at best and completely useless at worse.

We know all this.

Yet in most any given discussion of the Dolezal case, little of this subtlety ever seems to be displayed. Or when it is displayed, it carries relatively little weight, especially when, in the light of the very public transgendering of Caitlyn Jenner, the possibility of being “transracial” comes up and is summarily dismissed.

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Mikhail Lyubansky, a specialist in the psychology of race at the University of Illinois, explains the history of the idea of “transracial” in describing adoptions where children of one “racial category” are adopted by parents of another. These children are understood “to be spanning their own and their adoptive parents’ racial categories.” Thus these folks, he contends, are really “transracial.”

But the attempt to call Dolezal’s identity “transracial” and compare it to Bruce Jenner’s transgendering into Caitlyn Jenner is met with disapproval. Lyubansky continues:

This description…makes sense when describing both trans men and trans women, meaning that it fits equally well regardless of direction. Applying this concept to race makes little sense to me. ‘Trans’ refers to a lack of fit between biology and identity, but there is no biology involved in race.

Exactly. There is no biology involved in race the way there is biology involved in one’s sex: biology determines one’s sex while society and culture determine gender, and one’s gender identity is determined by him or herself. Gender identity is more like “race” in that it is a social (and psychological) construct: the issue for transgender people being that their biological sex does not match their gender identity.

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But then, why can’t “trans” here refer to a lack of fit between a social construct (race) and one’s racial identity? We are left wondering: maybe perhaps, because a social construct is harder to overcome?

If race is not based in biology and is completely and wholly a construct of society and culture, then why is it impossible to move within this social construct (from “black” to “white” or vice versa) and yet it is possible to move when the biological fact of one’s sex does not fit one’s identification of their gender?

As Lyubansky suggests: a transgendered person is “trans” in that her sex (male) does not correspond to her gender identity (female). She is really a woman, despite what her biology is. But, it seems, a transracial person cannot be “trans” in that her race (white) is not decided by biology but by social convention. And while this is not biology, is it something more?

Jay Smooth

After all, no one with any sensitivity towards the trans community would ever suggest that a transgendered person is “pretending” to be someone she is not (charges many have levied against Dolezal) but rather is changing the appearance of her body to match her sexual identity—being who she really is despite her physiology—since who someone “really is” ultimately comes down to how they identify themselves, right? Like changing the physical appearance of one’s body to match one’s racial identity?

Not so fast.

Lyubansky argues that the application of “transracial” in the case of someone like Dolezal is “logically flawed and socially problematic in that it ignores the oppression of both those who are transgender and those who have had to live with real racial discrimination.”

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So the problem is not the biology of race, since there is no biological basis there. Nor is it the social construct of race itself (since gender is also a social construct), but rather the fact that this social construct has been used to oppress other groups by the dominant group.

But can’t this also be said of gender?

And moving from the dominant group to an oppressed group is “logically flawed and socially problematic” because it ignores the oppression of both those who are transgendered and those who have lived with racial discrimination. But a person who is biologically a man can become a woman because that is how she identifies herself even though some of the same dominance-oppression issues undoubtedly apply between male and female.

Something does not quite add up.

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I want to be clear here: I agree that a transracial move is socially problematic and that there may be more than a little “white privilege” at work in the concept of an avatar-like existence manifesting in any old racial group it likes, but I fail to see how it is illogical. Historically insensitive? Perhaps. Outside the norm? That too. But illogical? No, not if race really is just a social construct. After all, social constructs get deconstructed and reconstructed over time. And the growing acceptance of the transgendered community is a prime example. Race, in fact, is another.

It’s true that the specifics of this case are troubling, and I suspect there are some psychological issues that need to be addressed. I also don’t think Dolezal went about any of this in the right way (though I’m not sure what the right way would look like) and her past actions while at Howard (like suing the school for racial discrimination because she is white) leave her credibility more than a little questionable.

But this doesn’t get to the underlying idea: why switching sexual identification is possible, logical, and even socially acceptable but switching racial identification is not.

Unless we simply don’t want it to be.

Unless, regardless of the science involved, we really do think that race is more than biological, deeper than mere appearance or culture: based in our bodies and social histories and constitutive of who we are in a way that is even more basic than chromosomal. We seem to have an essentialist mentality when it comes to race, despite having dispensed long ago with “essences” in the way we think about things. Perhaps this “social construct” of race is so real (more real than biology in fact) that a person really is African American—or they are not, based not on identification, but rather on something more, something essential, something ontological that transcends an individual’s assent, choice, or identity.

This would explain the criticism directed towards folks our society identifies as African-American but who either don’t display the characteristics expected of them (Bryant Gumbel) or have the audacity to think of their identity in more complex terms (Tiger Woods). From this perspective, you cannot choose to be African-American any more than you can choose not-to-be—if indeed you really are African-American (a judgment left to society and not the individual).

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Lawrence of Arabia told us as much in the 1962 film of the same name while taking part (as a white Englishman) in the Arabian Revolt against the Ottoman Turks. While recovering after being flogged by Turkish soldiers who discovered he was white, T.E. Lawrence announces that he is leaving the revolt:

Lawrence: “I’m not the Arab revolt, Ali. I’m not even Arab.”
Ali: “A man can be whatever he wants. You said.”
Lawrence: “I’m sorry. I thought it was true.”
Ali: “You proved it.”
Lawrence: “Look, Ali. Look.” (Shows him his white skin.) “That’s me. What color is it? That’s me. And there’s nothing I can do about it.”
Ali: “A man can do whatever he wants. You said.”
Lawrence: “He can…but he can’t want what he wants.” (Still displaying his skin.) “This is the stuff that decides what he wants.”

This seems to be the way most of us tend to think about race, at least when we don’t really think too much about it: that there really is something physical if not biological about what it means to be African-American, or Arab, or white. Or rather that there is something more than physical that includes but goes deeper than appearance and determines one’s “race” and “racial identity,” something that, unlike sex and gender identity, we cannot escape or change.

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Ponder on that for a moment: Caitlyn Jenner can escape the misalignment of her sex and gender identity but Lawrence and Dolezal cannot escape the misalignment of their “race” and “racial identity.” That seems strange to me.

The fact of the matter is that most of our classification systems when it comes to humans are hopelessly flawed and messy, based in linguistics (Celtic, Germanic, Hispanic/Latino, Sino-Tibetan, Niger-Congo, etc…) but having outgrown their parochial origins to become descriptions of ethnic groups and the individuals who comprise them.

The uncomfortable truth seems to be that our society is wedded to race: that we are wedded to race. Oh sure, we may speak ill of it, admit that it is a social construct, deny that it is actually rooted in biology or science, pretend that we don’t see it, opine for a society that transcends it, and so on. But the fact is, we cling to it in an essentialist and ontological manner that says more about our own history, hang-ups, and issues than it does about any “real” identifiers.

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And the even more uncomfortable truth is that the idea of changing one’s racial identification seems absurd and illogical—more absurd and illogical than changing one’s sexual identification.

I cannot help but wonder if underlying this is the assumption that the real absurdity, the real illogicality is the suggestion that non-whites would ever be able to do this, or that most whites would want to.

I’ve noted in this forum before that Benjamin Franklin was opposed to the influx of Germans into “English” Pennsylvania, arguing that they could no more become “Anglified” than they could become “our Complexion” (southern Germans were regarded as “swarthy” and not “white”). But guess what? They did become Anglified as well as “white.” As did many other “ethnic” populations who were historically regarded as “not white”—Italians, Jews, Irish, Eastern Europeans. After all, social constructs change over time.

But I suspect that underneath the way most of us so easily cast off this idea of transracial identity lurks the notion that “white” is a pure category and that “real” non-whites (those of recent African descent and not Germans, or Jews, or Irish, or Italians) could never make the switch. It is not, as Lyubansky argues, applicable “regardless of direction.”

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Only certain light-skinned folks, this line of thinking goes, would be able to do it. Historically called “passing,” this in itself raises all sorts of issues about white hegemony and the effects it has on the psychology of being “non-white” in America. Furthermore, many would suggest that no sane white person would choose to identify as black for any other than sociological study (John Howard Griffin) or personal gain (the movie Soul Man unfortunately comes to mind). But then again, I wonder if not so long ago folks thought the same way about the idea of men identifying as women and women identifying as men. And yet, we are working to change those social constructs as well.

For now, however, it seems pretty clear: Rachel Dolezal, like Lawrence of Arabia, can do whatever she wants…

…but she cannot want what she wants.

We have bound ourselves to a social construct that is skin deep.

But made it so much more.

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Loving Day, Once Again

by Joyce Clapp

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Today is Loving Day, the anniversary of June 12, 1967, when the Supreme Court of the United States ruled that interracial marriage had to be performed and recognized in all 50 states (Loving v. Virginia). It is also a day by which we may or may not know how the Supreme Court is going to rule on a similar issue: Same-sex marriage (as of this writing, we don’t know yet). I’ve spent the last week Googling “SCOTUS” every couple of hours, knowing full well that if they didn’t announce on Monday that they weren’t likely to announce for the rest of week, and also knowing full well that when they did announce, it would hit Facebook and Twitter within minutes. And yet…I kept checking.

It is odd, waiting for SCOTUS to decide if you’re married. Well, if you’re legally married. Well, if you’re legally married in all 50 states, since you are already legally married in 36 states and may very well stay married in some of those states regardless of what the Supreme Court does. And thankfully, your mother says you’re married, no matter what SCOTUS does. I spend a lot of time lately feeling faintly queasy. I can only imagine how those of our friends that have children with their same-sex spouses feel, considering the implications there.

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I can only begin to imagine what Richard and Mildred Loving felt like, around this time in 1967. Interracial couples were not nearly as common as they are now, and the U.S. was living through a really hard time. It’s not that we aren’t living through a time of gaping inequality and racial tensions now (let’s not kid ourselves), but it was worse in 1967. Brown v. Board of Education was just a touch over 15 years old and most schools were still in some state of segregation (the more things change, right?). Malcolm X had been assassinated only two years previously. The 1960s were a decade when we saw church bombings, the Civil Rights marches in the South, and the Freedom Riders doing their work because interstate busses were still segregated. This wasn’t an easy time to be an interracial couple.

“Tell the court I love my wife, and it is just unfair that I can’t live with her in Virginia.” (Richard Loving)

So I can’t imagine sitting in my home in Washington D.C. with my children, waiting to see if I was going to be allowed to move home with my family to a state where not ten years previously, sheriff’s deputies had stormed my home, barged into my bedroom, arrested myself and my spouse, and said of the marriage certificate on my wall, “That’s no good here.

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My wife and I are fortunate to be married in a different United States. We are on the side of history. We went out recently for a ghost tour of Greensboro and we weren’t the only interracial couple on the tour. At my wife’s brother’s wedding recently, we were 1 of 5 interracial couples present, including two guys showing off recent engagement rings and grinning like mad. We held hands through visiting the zoo and only garnered a couple of dirty looks. The lesbian character in Pitch Perfect 2, which we saw recently, volunteers that she’s moving to Maine and getting hitched, and it’s a non-event (other than a lot of happy squeals). My non-straight students wander in to my office to talk about wedding plans and ask relationship advice just like anyone else, because they are just like anyone else. My straight students ask me how spring break with my wife was, just like we’re anyone else, because we are just like anyone else (and then they ask me relationship advice and what they should do about that Spanish class).

And in the meantime, we wait nervously to see if SCOTUS is going to catch up with history and society, whether the story is going to be ‘we didn’t want redefine marriage’ (an institution that I’m glad has been ‘redefined’ over the years – who wants to be their husband’s property?), or whether the justices are going to look at the words from 1967 and do their job:

Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival… To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State. (Chief Justice Warren)

The obligatory rings picture, taken on on our legal anniversary.

The obligatory rings picture, taken on on our legal anniversary.

I felt like I was going to have something long and impassioned and sociological to say when I signed up for posting for Loving Day, one of those nice chewy posts that make good reading and discussion. But that’s not the case today. It’s simple. I love my wife, I’m lucky I can live with her in this time and place, and I’m lucky that in North Carolina right now, she inherits if I die, and I can call the Veterans Administration for her, and we can make medical decisions for each other without gobs of very expensive, possibly legally shaky paperwork. I hope that in the eyes of the law, we remain legally married after the Supreme Court makes its decision.

Charlie Hebdo, Free Speech, and Islamophobia

by Carrie Levesque

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I do not think that the attacks on Charlie Hebdo are acceptable or justified in any way, shape or form. It is always reprehensible to respond to verbal or written attacks, real or perceived, with physical violence. Period.

But the range of responses to these attacks has made me ask myself what the kind of journalism published in Charlie Hebdo contributes to the struggle against Islamic extremism, and what impact this kind of speech has on how we as a culture talk about and educate ourselves about these issues.

My intent here is not to shame or blame the victims. I am simply asking us to consider this: Going forward in this conflict of global proportions, how can we sanction reprehensible words and actions (like terrorist acts) in a forceful and effective way, without either escalating the tensions with offensive content or compromising our right to freedom of expression?

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My intent is not to criticize Charlie Hebdo. This conflict is much, much bigger than Charlie Hebdo. It is about each one of ushow we talk, how we think, and our willingness to see and respect others’ points of view.

We have to first look beyond recent headline-grabbing bombings and massacres and acknowledge there isand has long beenviolence on both sides. In the Western media, we treat Islamist extremist aggression as one-sided. As if all the world’s Muslims just woke up one day and decided they “hated our freedoms.” However, if we fail to acknowledge the centuries of Western violence, colonialism and exploitation that have shaped the world as it is today, and that validate extremists’ claims of injustice and persecution, we cannot hope to truly understand the problem or address the violence.

We have to secondly believe that we do have the power to address the violence. Most of usMuslims and non-Muslims alikefeel fairly powerless to stop extremists’ attacksor our government’s latest misguided war in another predominantly Muslim land. But before young Muslim recruits pick up guns or sign up for flight school, before we choose to effectively ignore reports of the Other’s devastation after a poorly-placed shelling by simply sighing and reaching for the clicker to see what else is on, there are words that shape those responses. There are words, media, that encourage us to see the other side as less than human. Words are weaponsof peace or of warthat we all can use.

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Certainly, both sides exploit media to attack the other and spread hate, intolerance and violence. In Inside Terrorism, a text we study in MLS 620: Dangerous Minds: Terrorism, Political Violence, and Radical Orthodoxies, author Bruce Hoffman meticulously categorizes the many ways terrorist groups use media to recruit, coerce and terrorize outside their ranks, and to strengthen morale or dampen dissent within. Unfortunately, extremists’ use of media and language is something we cannot really control.

But what about our own?

The violence that has gripped Paris in the last week has been horrific. But for me, no less chilling is the response I see across Europe attacking Muslims and “the Muslim world” indiscriminately, shifting focus from the real problem of extreme Islamist fundamentalism. The anti-immigration movements’ fears about the “Islamicization” of Europe strike me as racist fabrications, but for many, the media of the far right have them convinced they are real. As in the days of Nazi Germany (or 1990s Yugoslavia or Rwanda), sometimes propaganda is all it takes.

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In the US, too, people rarely distinguish between Muslims and Muslim extremists. Our media make sweeping generalizations daily about “the Muslim world,” as if it consisted of one cultureone primitive, intolerant, bloodthirsty, anti-Western people. Many viewers don’t have much problem with this: It conforms to what they think already or they don’t have (and don’t take the time to find) access to more carefully vetted information. Not surprising then that such prejudices trickle down to the next generation, made insecure by the mess that is the world today.

A friend here was telling me recently that a couple of months ago, her 7-year-old daughter said at breakfast, innocently, apropos of nothing, “I hate Muslims.” My friend struggled to stay composed as she asked, as casually as she could, “Why do you say that?” Her daughter sensed she’d said something wrong and was embarrassed and confused. She confessed it was just something she’d heard, that Muslims were bad. My friend explained that some Muslims are bad, just like some people in every group of people are bad. She mentioned some recent events that may have caused people around her to say something unfortunate like that.

My friend reminded her daughter that two families among their family’s closest friends are Muslim, people her daughter loves and trusts like family. They’d had discussions in the past about their friends’ faith, why one friend wears a head scarf, why neither family eats pork. But, my friend now understood, her daughter didn’t see their friends as Muslims. Was part of her blindness to their faith an effect of this idea she’d gotten about what or who Muslims are? Their friends aren’t terrorists or refugees living off “our oil money” (another racist attitude shared by many in Norway as in France). How could they be Muslims?

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The prejudices we ourselves carry today doom us to a present full of violence.

What we are teaching our children dooms them to continue these conflicts into the future.

The things we say, write, and draw matter. They make impacts beyond our intentions. One commentator seeking to put some of Charlie Hebdo’s cartoons in context said, “Just because we think it offensive and we are not free enough to publish this doesn’t mean it has the intent we ascribe to it, or that in France people should also lack the freedom to publish it. I won’t deny it’s mean and utterly tasteless, but as with much American comedy content, people choose to consume it or they don’t, and they well know what they’re getting” (source).

I have two problems with this. First, we and our children are exposed to media everywhere. What we consume is only sometimes a conscious choice. Second, it is a rather naïve and problematic assumption that just because some individuals don’t “choose to consume” something, that that something has no effect on the culture at large and that those individuals won’t feel the effects of that something indirectly (for example, Muslims experiencing the fallout of anti-Muslim attitudes fomented by anti-Muslim texts, written or graphic).

When we tolerate uncareful speech about Muslims, whether from media that are just careless or that are aggressively offensive, we perpetuate and condone harmful attitudes toward Muslims in the same insidious way we have for generations in our own country with African-Americans and other minorities. We insist we’re not racist because of course we make exceptions for individuals: “Oh, but I’m not talking about you. You’re not that kind of black person/gay/Jew/Muslim.” But such excuses were not convincing then, and they are not convincing now.

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When we make offensive jokes or cartoons, we normalize these words, ideas and images; we continuously push the line of what is allowed into darker territory. Protecting this kind of speech at the expense of privileging or promoting a culture that insists on respect for others’ beliefs often escalates the prejudice, misunderstanding, alienation and violence. At the same time that we lament how nothing’s sacred anymore and how all is irony, we prize our right to mock what is sacred to the Other in the crudest, basest terms.

In conclusion, my thinking falls in line with Hoffman, our terrorism expert from MLS 620, who suggests that religious terrorism can never be completely eradicated, but that we can try to ameliorate the underlying causes of religious terrorism, and its violent manifestations, through creative solutions that build bridges rather than exacerbate divisions. He points to how the War on Terror and our heavy-handed foreign policy have only worked to support extremists’ portrayal of Islam under siege. The same, I would argue, can be said for much of what I see and hear in the media. What are we fighting? Islamic extremism or Islam? Sometimes it’s hard to tell.

I think we all have to decide what we consider the most serious threat to our world, whether that’s racism, threats to free speech, terrorism, or something else.  For me, it’s racism.  That’s what I want to protect my children from most.  If we work to combat racism, to teach everyone to respect and value all other human beings equally, I think all the other problems will eventually take care of themselves.

___

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Miscarriages of Justice

by Jay Parr

Henry McCollum at the hearing that led to his release, after 30 years on death row.

Henry McCollum at the hearing that led to his release, after 30 years on death row.

This past Tuesday, Henry McCollum and Leon Brown were exonerated of the brutal rape and murder of a preteen girl, a crime for which they had been falsely convicted, condemned, and imprisoned for thirty years. One of them spending the entire time on death row. McCollum was released on Wednesday morning, after spending over half his life facing execution. Brown, his half-brother, was released from his life sentence at a different prison later in the afternoon.

Both of these men were convictedand condemnedbased on confessions that were wrung out of them when they were teenagers (McCollum 19 and Brown 15), after many hours of high-pressure interrogation. Confessions which were written by others for them to sign, despite the fact that neither of them was functionally literate or intelligent or educated enough to read and understand what they were signing, or legally astute enough to understand the consequences of signing it (in an interview from death row, McCollum says he signed believing that if he did they would finally let him go home). These menscared teenagers at that time, who had only recently come to North Carolina and who had never had a run-in with the police beforewere convicted and condemned based on confessions which they signed with no defense counsel present, and which they have both consistently recanted from that point on.

Brown at the hearings.

Leon Brown at last week’s hearings.

Based on those coerced confessions, these two men have been imprisoned, removed from society, forced to live in the sterile and hostile environment of the penal system for decadesas men convicted of raping and murdering an 11-year-old girl and then thrust in among a population that is notoriously unfriendly to child sex offenders. Both of them have spent years on death row, and both of them have endured a long series of trials and retrials. Hearings in which their very lives were at stake. Literally.

A cell in North Carolina's death row.

A cell in North Carolina’s death row. (WRAL)

There are two distinct miscarriages of justice here.

The first happened 30 years ago, when two naive teenagers were coerced into confessing to crimes they didn’t commit. That miscarriage of justice was exacerbated when the system that was supposed to afford them a fair trialthe system that was supposed to presume their innocence until the evidence proved their guilt beyond a reasonable doubtfailed to recognize that there was not a scrap of physical evidence tying them to the scene of the crime (that in fact there was evidence implicating another man who lived near the crime scene and who had been arrested for a very similar crime), and that their confessions were wrung out of them under conditions so flawed as to render them utterly invalid.

That miscarriage of justice has been perpetuated anew every time someone in the political and legal sphereincluding a Supreme Court justicehas trotted these men out as examples, as heinous criminals who brutally raped and murdered a preteen girl, as justifications for keeping the death penalty active, or as reasons their political rivals (who may have been so ridiculous as to point out flaws in the case) were “soft on crime.”

Reverse view of death-row cell. (WRAL)

Reverse view of the cell. The ultra-wide-angle lens makes it look bigger. (WRAL)

The second miscarriage of justice happened this past week, when after thirty years, these two men were exonerated and then simply released, with not so much as a mention of compensation for the decades of which they had been robbed. Think of the opportunities that were lost along with those decades; to have that crappy first job; to have that young-and-foolish relationship doomed to fail from the start; to finally stumble into that long-term (if unglamorous) job, and to meet that certain someone who would end up becoming their companion for decades to come; to know the joys and frustrations of being fathers, and likely grandfathers by this point. To live, that is, something resembling normal lives. In something resembling a normal world.

These men don’t have the decades of experience that is going to be taken for granted by everyone, given their ages. They’ve never used an ATM or a debit card. One article I read mentioned McCollum gushing to his parents recently about getting on the internet for the first time. But I have seen nothing about the justice system assuming any responsibility for helping them acclimate to the lives they’ve been denied. As a representative of the Center for Death Penalty Litigation points out, these men don’t even have the minimal support offered to ex-cons who exit the penal system under normal conditions. “It’s not like being on probation or parole. It’s just—good luck.”

The same article points out that there are processes by which the men could seek a pardon of innocence from the governor—essentially a statement that they had been wrongly convicted and sentenced—at which point they could then go on to seek some unspecified compensation from the state.

The death row day room; McCollum's world for decades.

The death row day room; McCollum’s world for decades.

These men, McCollum at 50 and Brown at 46, have never had the opportunity to learn the skills they would need to make it on the outside. They’ve never had to keep a job, or pay rent, or keep track of a variety of utility bills, or make their income cover their expenses, or plan a week’s meals and shop for them. They haven’t been in a grocery store in thirty years. If either of them ever learned to drive, it has been at least that long since they’ve done it. Not only will they be living in new, unfamiliar towns, the very concept of getting around in any town is going to be foreign at this point. Partly because it has been so long since they’ve done it and partly because so much has changed in the meanwhile. As adults, they’ve never been in the regular presence of women, or mingled with the variety of people who make up any normal public place. In fact, for the past three decades, their only regular company has been the other (male) inmates on death row and the uniformed corrections officers assigned as their guards. Their worlds have been the prison blocks and complexes where they have been housed, with occasional forays out into the world (most likely in shackles) for court appearances. For thirty years they haven’t had the option to decide where to go at a given moment, or to close their own doors, or to turn off their own lights. For thirty years they haven’t had a moment of true privacy. Having lived in the penal system and on death row for so long, and having been thrust there at such young ages, they literally have none of the skills and none of the experience they need to function in the everyday world. One article points out that McCollum, climbing into his parents’ car upon his release, didn’t even know how to fasten the seat belt.

McCollum faces reporters outside. What awaits in the outside world?

McCollum faces reporters upon his release. What awaits in the outside world?

It is no more in the interest of justice to release these men into the world so unprepared, and so uncompensated, than it is to keep them incarcerated in the conditions that, horrid as they may have been, are the conditions to which these men have spent the majorities of their lives being acclimated.

These men have spent three decades fighting to prove their innocence. They have spent decades fighting for their very lives. They shouldn’t have to fight anymore. It has been proven that their convictions were invalid and that their incarcerations were unjust. It is obvious at this point that the state of North Carolina owes these two men very comfortable retirements.

Something like this.

Something like this. With a staff.

If we can afford the cost of keeping these men as inmates, one of them on death row and the other for life, we can afford a roughly equivalent sum as pensions, in exchange for the lives that have been wrongly stolen from these men. If we can afford the hundreds of thousands of dollars, if not millions, spent repeatedly condemning them to die in prison on the basis of inadmissible, coerced, and disprovable confessions, we can afford to provide them with the guidance, the training, and the support to manage their lives in a world for which we have prevented them from being prepared. If the state of North Carolina were to take the initiative, to arrange for that level of compensation to be awarded and implemented quickly, without requiring anything further from these men or their tireless advocates, then it just might be possible to claim that justice has finally been served. Maybe.

BLS 362: Vice, Crime, and American Law

BLS 362: Vice, Crime, and American Law

Note: Thanks to Saundra Westervelt (who literally wrote the book on this topic) for taking the time during a busy weekend with Witness to Innocence to read and offer valuable feedback on this article.

Shut Down

by Matt McKinnon

About a month and a half ago, I agreed—as part of my job—to write a contribution for the BLS blog, due by October 6th, and to be published shortly thereafter.  I agreed to this based on my understanding of what my job is, what it entails, the compensation I receive as a BLS instructor, and my belief that a community only works when its members participate in just that: a “communio” or sharing, from the Latin “union with.”  I made this agreement in good faith and free from constraint.  And, though some might argue this point, I made it being in sound mind and body.

But the situation has changed.

broken

(The first image would be here if I were not shut down.)

I am not happy with the present way in which the elected officials of the State for whom I work have conducted business regarding the educational system within which I work.  In short, I disapprove of the massive cuts to higher education that the North Carolina State Legislature has made over the past several years.

Never mind that these folks have been duly elected by a legal process and have conducted this business in a manner consistent with the Constitutions of both the State and the Nation.

Never mind that “legal” does not necessarily mean “fair.”

Never mind that there are regular procedures in place to check the manner in which they do this business—that there is constitutional recourse to persuade, recall, impeach, or merely vote them out of office at the next election.

Never mind that what they have done is now “law”—and has become “law” in a legal and constitutional manner.

Never mind all of this because…well, I just do not agree with them or their “law.”

(The second image would be here if I was not shut down.)

(The second image would be here if I were not shut down.)

And while I adhere to the principle that writing a blog entry is part  of my job, and that I have a duty to myself, to my institution, and to my students to faithfully execute the duties of my job, I have another principle that outweighs all of these:

If I do not get what I want, then I shut down.

(The third image would be here if I was not shut down.)

(The third image would be here if I were not shut down.)

At this point, I am not even sure what would make me not shut down.  Or stop shutting down.  Or start back up.

At this point, I am not even sure what I hope to get out of shutting down.  Other than the shut down itself.

But none of that matters.

Because I have shut down.

So, until further notice—until an agreement can be reached that satisfies the righteousness of my indignation at the manner in which duly-elected officials representing the State by whom I am employed have conducted business in a lawful and constitutional and regular manner—until then, there will be no blog contribution.

I will not fulfill this part of my job.  I have deemed it “non-essential.”

There will be no witticisms or anecdotes about me, my classes, my life, or my family.

There will be no funny or interesting or bizarre pictures to punctuate my points.

There will be no weblinks to follow for more information—at least none supplied by me.

There will be none of this.

Because I am shut down.

(The fourth image would be here if I was not shut down.)

(The fourth image would be here if I were not shut down.)

Of course, by shutting down and writing about how I am shutting down, I am still, technically, fulfilling some of my responsibilities and thus doing my job.  Therefore, I will continue to be paid and will continue to accept and spend my paycheck.

After all, shutting down is hard work.