How to Get Away with Rape

[Content note: rape & sexual assault]

My latest piece for the Daily Dot is about excuses people make when accused of rape.

In 2013, two then-students at Vanderbilt University, Brandon Vandenburg and Cory Batey, allegedly raped an unconscious female student on campus. They used a cell phone to capture footage, which also shows Batey urinating on the victim and using racial slurs.

Unlike most accused rapists, Vandenburg and Batey are now on trial. As the trial opened this past week, the defense team made some interesting comments about Batey’s culpability.

Batey’s attorney said the football player from Nashville was influenced by a campus culture of sexual freedom, promiscuity and excessive alcohol consumption that contrasted with the manner of his upbringing.

The atmosphere “changed the rest of his life,” and Batey was too drunk at the time to deliberately commit a crime, he added.

The reasoning seems to be that Batey has been somehow wronged by this university and its campus environment in a way that is relevant to the matter of his innocence or lack thereof. (The question of whether or not being drunk should influence culpability is a separate one that I will leave to a separate article.)

This seems like a convenient way of obfuscating the issue. Of course Batey was influenced in all sorts of ways by his environment. We all are. That’s the nature of being a social species. But ultimately the burden of making the decision falls on the individual making it, and part of being an adult is accepting that responsibility.

This got me thinking about other bad and illogical excuses people make when accused of rape.

1) “I’m the real victim here.”

Usually this means “victim of a false rape accusation,” but clearly Cory Batey and his lawyers didn’t have that option–there was video evidence. Instead, Batey is the victim of “a campus culture of sexual freedom, promiscuity and excessive alcohol consumption that contrasted with the manner of his upbringing.” The implication seems to be that none of this would ever have happened if Batey had not found himself (well, chose to place himself) in such a campus environment.

I’ll be the first to endorse the claim that many college campuses have unhealthy cultures, and this can impact people in all sorts of ways. (Not necessarily negative ways—some people respond to these environments by becoming passionate activists for a better culture.)

Short of some horrific and science fiction-esque brainwashing scenario, you can’t force a person to rape someone.

However, short of some horrific and science fiction-esque brainwashing scenario, you can’t force a person to rape someone—or to urinate on them, for that matter. Batey’s peers and environment may have suggested to him that this sort of behavior is OK, but it is not too much to expect an adult to be able to make their own decisions about whether or not to rape someone, especially if that adult’s upbringing contrasted so greatly with this campus culture.

That said, buried deep within the obfuscation and rationalization that Batey’s lawyers are presenting here is actually a nugget of truth that anti-rape activists have been repeating for years: Many campuses have a really unhealthy and dangerous climate when it comes to things like binge drinking and sexual assault. Acknowledging this and working to change it, however, does not mean excusing those who commit rape.

2) “She was asking for it.”

This is, of course, entirely self-contradictory. If someone was actually asking for you to have sex with them, then it was not rape. If someone was not asking (or consenting) to have sex with you, then it was rape. If someone makes a rape accusation, then that means they were not asking. The only way to actually “ask” to have sex is to, well, ask for it—not to drink alcohol, not to dress sexy, not to dance or flirt with you, and not to make out with you.

We hear this excuse a lot with sexual harassment, too, not just assault. The reason I used a female pronoun is because this is typically only applied to female survivors. Why? Probably because (white, conventionally attractive) women are presumed to be so irresistibly appealing that men cannot possibly restrain themselves—therefore, those women were “asking” for whatever it is the men did.

But we didn’t ask for you to have such poor self-control that you cannot keep yourself from catcalling or raping us. And, more to the point, rape is typically a premeditated act. It has nothing to do with irresistible urges.

Read the rest here.

How to Get Away with Rape
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Why We Should Ban Conversion Therapy

[Content note: suicide, transphobia, abuse]

I wrote this article for the Daily Dot about conversion therapy. Please note that I did not write and do not endorse its headline as it appears at the Daily Dot.

At the close of a year that saw both incredible gains for transgender people and a number of tragic acts of transphobic violence, 17-year-old Leelah Alcorn, a trans teen from Ohio,committed suicide on Sunday. In a note that she had preemptively scheduled to post on her Tumblr, she described the bigotry she had faced from her parents, who tried to isolate her from her friends and the Internet as punishment. They also sent her to Christian therapists who shamed her for her gender identity.

In response, the Transgender Human Rights Institute created a Change.org petition on December 31. The petition asksPresident Obama, Senator Harry Reid, and Representative Nancy Pelosi to enact Leelah’s Law to ban transgender conversion therapy. Less than two days later, the petition has already gained 160,000 signatures and made the rounds online. It may be the most attention that conversion therapy has gotten outside of activist circles for some time.

Aside from LGBTQ activists, secular activists, and mental healthcare professionals seeking to promote evidence-based practice, not many people seem to speak up about conversion therapy, or understand much about it. Most discussions of it that I come across deal with therapies that attempt to “reverse” sexual orientation from gay to straight or to eradicate same-sex attraction. However, conversion therapy also includes practices aimed at transgender people with the goal of forcing them to identify as the gender they were assigned at birth.

In her suicide note, Alcorn wrote, “My mom started taking me to a therapist, but would only take me to Christian therapists (who were all very biased), so I never actually got the therapy I needed to cure me of my depression. I only got more Christians telling me that I was selfish and wrong and that I should look to God for help.” Although she did not elaborate further about her experience in therapy, it’s clear that the treatment goal was not to help Alcorn reduce her risk of suicide, accept herself, recover from depression, or develop healthy coping skills that would help her stay safe in such an oppressive environment. The treatment goal was to force Leelah Alcorn to identify as a boy and to fulfill her parents’ and therapists’ ideas about what being a Christian means.

This is not mental healthcare. This is abuse.

Read the rest here.

Why We Should Ban Conversion Therapy

The Context of the Thing

[Content note: sexual harassment/assault, victim blaming, racism, police brutality, homophobia, fat shaming]

Many debates in the realm of social justice and politics are debates about context. In what context are certain things said, and can those things ever be divorced from that context? Should they ever be?

Take this Facebook post, made by a New York coffee shop I had heretofore found entirely satisfactory:

A Facebook post by The Bean, including a photo of a NYPD police car and a caption, "Thank you NYPD for protecting our great city."
Image description: a Facebook post by The Bean, including a photo of a NYPD police car and a caption, “Thank you NYPD for protecting our great city.”

 

What is so irritating about this post is the plausible deniability. Surely, a Manhattan coffee shop could just post this image apropos of nothing, perhaps in the holiday spirit, to express gratitude towards the city’s police force. It could just be a matter of city pride; certainly we all like it when there is as little crime as possible. And so on and so forth.

But why post this image now? Why would a coffee shop that has posted nothing but photos, comics, and articles about coffee, store news, six posts about local events, and one cutesy article about Mother’s Day for the entirety of the year 2014 suddenly give a shout-out to the city police department?

I think I know why. But, of course, I can only speculate.

So it is with a lot of other statements that rankle, hurt, or even trigger. “What were you wearing?” Oh, sure, you could just be curious. After all, maybe it was my outfit and not my perceived gender that drew my harasser’s attention that night. Of course, you are very worried about me and just want to make sure that I’m being “smart.” You’re not thinking about the fact that that’s often the first question authorities ask us, and that fashion advice is the only kind of prevention they seem to be able to offer us. You’re not thinking about what happens to women whose outfits were deemed insufficiently preventative. Who helps those women? “Oh, I’m not saying it’s your fault,” you say. “I think anyone who does such a thing is wrong and bad and if it were up to me I would bring them to justice.” Would you? Okay, I’ll grant you that. But historically, that’s not what’s happened, is it?

“What about black-on-black crime?” Certainly it is a tragedy that so many young Black people die at each other’s hands, presumably because of gangs or drugs or one of those other scary things, and really, if a given group wants to stop dying, maybe they should stop killing each other. Never mind that the same ignorance that causes people to ask this question is the ignorance that keeps them from seeing everything that’s already being done, by Black people, to address this issue. Never mind that most white murder victims are killed by other white people, too, because people tend to be killed by those who are near to them and/or have some sort of relationship with them, and our neighborhoods and relationships are still very segregated. Never mind that “black-on-black crime” is a derailment from what is in my opinion a much more preventable issue–the fact that police around the country are killing Black people with virtually no consequences.

Yes, violent crime happens, especially in disadvantaged areas, and that is awful. But that the people tasked with “protecting” us, according to my local coffee shop, are murdering people, especially in a systematically racist way, deserves immediate attention and resolution, because a police officer who murders innocent people is an even greater threat to our society than an ordinary citizen who murders innocent people. Why? That should be obvious: cops have power, weapons, skills, and immunity that ordinary citizens do not. Law enforcement officials can do things like plant meth in the car of a woman who accused them of sexual harassment and then have her arrested on this country’s ridiculous drug laws.

“I don’t see anything wrong with gay people, I just don’t see why they have to be in my face about it.” No, you’re right. Perhaps you are a person who believes that sex, love, and relationships should be an entirely private matter. Maybe you’re uncomfortable when your coworker tells everyone about the vacation she’s planning for her and her husband’s anniversary. Maybe it turns your stomach to see free condoms handed out on your campus. Maybe you change the channel every time a guy and a girl kiss in a TV show and you don’t feel that it’s appropriate for children to see a man and a woman holding hands in public. But you don’t mention that because…maybe people would ridicule you for it, whereas publicly stating that gay couples gross you out is still socially acceptable. I don’t know.

Or maybe you have double standards for queer people versus straight people, and you believe that the things straight people get to do–hold hands and kiss in public, chat at work about their anniversary plans, see relationships like theirs on television, access the healthcare that they need–are not things that queer people get to do. Sometimes queer people are loud and in-your-face about being queer because they are fighting against the idea that they should have to be silent when straight people don’t have to be. Your casual remarks about “I just wish they’d keep it to themselves” are telling us to get back in the closet so you don’t have to be uncomfortable.

“Of course it’s wrong to hate people just because they’re fat, but they really need to lose some weight or else they’ll be unhealthy.” You may think that what you’re saying here is commendable. After all, you must really care about this person and have great concern for their wellbeing. Maybe you even have some helpful weight loss advice that totally worked for you. Really, they should be grateful that you’re trying to help them.

Okay, but the idea that “they really need to lose some weight or else they’ll be unhealthy” is the idea that causes people to hate them in the first place. If weight is perfectly correlated to health, and if losing weight is a possibility for everyone, then only those who do not care about their health would allow themselves to be fat, and only an irresponsible person who lacks self-control would refuse to care about their health. Such a person would not make a suitable employee, doctoral student, or partner, for instance. Such a person would be a bad influence for your children. And the idea that fatness is responsible for poor health 100% of the time keeps fat people from getting the medical care they need, because doctors assume that the problem must be their weight.

Plausible deniability is how all of these statements function. We are expected to take them entirely out of context, as isolated thoughts or ideas or feelings or beliefs that have nothing to do with what came before or what will come after, and nothing to do with the horrors that have been committed in their name. You asking me what I was wearing has nothing to do with the systematic refusal to believe and help people who have been harassed and assaulted. You innocently wondering about black-on-black crime has nothing to do with centuries of white-on-black crime, and with the casual dismissal of this crime, and with the fact that it has historically not been defined as a crime at all. You wishing that queer people wouldn’t shove their sexuality in your face has nothing to do with our erasure, metaphoric and sometimes literal. You patronizingly advising bigger people to get smaller has nothing to do with their mistreatment in all sorts of social contexts, including medical ones. Nothing at all!

But that’s not how communication works. If a celebrity becomes the center of a huge controversy and I post about my love for their films or music, that can and should be taken as a statement of support for that celebrity. If a business comes under fire for its practices or policies and I post about how I’m going to proudly patronize that business today, that can and should be taken as a statement of support for that business. (In fact, I once ended a friendship with someone who did this on the day the Chick-Fil-A homophobia thing went viral, and I do not regret it.) There is of course a chance that I had simply not heard of the controversy, but in that case, I should reconsider my support for this person or business once a friend helpfully comments and lets me know about what’s going on. And in most cases people do not do this.

So if you post about your gratitude to the NYPD right after one of its officers has once again gone unpunished for the cruel killing of a Black man, and as protests march right down the block where your coffee shop stands, that has a context, too.

I suppose it can feel like this is all a huge burden. Why shouldn’t you be able to just say what you think and feel without being held responsible for decades or centuries of terrible things done in the service of the beliefs that you are expressing? It’s true that what happened is not your responsibility, and every terrible thing done by people who believe the same things you believe is not your fault.

But that is why what you say hurts people, and that is why they warn you where your beliefs may logically lead. If what women wear has any relevance to their sexual violation, if black-on-black crime is more important and urgent than white-on-black racism, if queer people being open about themselves and their loves is so unpleasant for you, if fat people should lose weight before they are taken seriously–then that has implications for how we treat people and issues. If you take the time to listen to the voices of those most affected by these issues, you might see that these implications are just as horrifying to you as they are to us.

The Context of the Thing

A Better Conversation About Domestic Violence

[Content note: domestic violence and abuse]

I wrote a Daily Dot piece about how journalists and pundits can do a better job of covering stories about domestic violence.

Until I read Michael Powell’s recent New York Times column about suspended Baltimore Ravens player Ray Rice, I had no idea that domestic violence could possibly be delivered in a “professional” manner. Powell cleared that up:

Say this for Ray Rice: His left cross was of professional quality, a short, explosive punch. And his fiancée’s head snapped back as if she’d been shot.

You watch that video and you get the national freakout.

Meanwhile, Fox & Friends’ Brian Kilmeade had some unsolicited advice for Janay Rice: “The message is, take the stairs.” (He has sinceapologized.)

Domestic violence is a difficult subject to talk about sensitively. Humor, blame, unsolicited advice, speculation—these are all ways in which people try to ease the discomfort of confronting such a serious thing head-on. But they don’t necessarily lead to a productive or respectful discussion.

In honor of Michael Powell, Brian Kilmeade, and every other journalist and pundit who can’t seem to cover this issue appropriately, here are some guidelines to keep in mind when you write about or discuss domestic violence.

1) Extend the benefit of the doubt to the survivor.

When someone is accused of domestic violence or sexual assault, we are always asked by that person’s fans and defenders to “give them the benefit of the doubt.” Generally, this means, “Assume the survivor is lying or very confused” or “Assume the accused had a good reason to do what they did.”

How about giving the benefit of the doubt to the survivor?

Believe the survivor. Assume they are telling the truth unless there’s actually good evidence that they aren’t, because the vast majority of these types of accusations are not false. Assume that they are speaking out because they want safety and justice, not just because they want to “ruin” their abuser’s life or career.

Assume the survivor stayed with their abuser for as long as they did because abusers deliberately make it difficult or even impossible to leave, not because the survivor is somehow weak, stupid, or incompetent.

Assume the survivor was quite aware of the danger that they (and possibly their children) were in and doesn’t need to be patronizingly informed that staying with an abuser can be dangerous. So can trying to leave.

Assume the survivor is the best authority on their own experience.

2) Avoid speculation.

Whenever there’s a high-profile domestic abuse case, journalists and commenters alike love to speculate. Why did the abuser abuse? Why didn’t the survivor leave? What happened to either of them in their childhood that could’ve led to this? Why didn’t the survivor’s family help? Why would the survivor have been attracted to their abuser in the first place?

This amateur psychoanalysis is not useful. At best, it’s a distraction from the important questions: How do we help the survivor? How do we make sure this never happens again? At worst, it spreads misinformation and stereotypes. People especially enjoy speculating about what the survivor might have done to “provoke” the abuse. Did they cheat? Dress “inappropriately?” Say something mean?

Abuse cannot be “provoked.” Abusers know what they’re doing, and they do it intentionally. They may wait for something to happen that they can then attribute the abuse to, but that’s not the same as being “provoked.”

Read the rest here.

A Better Conversation About Domestic Violence

Why "Hipster Sexism" Fails

[Content note: sexual harassment & domestic violence]

My new post at the Daily Dot is about “hipster sexism/racism” in fashion.

It doesn’t surprise me at all when CEOs of major clothing retailers or famous celebrity photographers turn out to be harassing, intimidating, assaulting, or abusing women, because the same thing happens everywhere else: politicstech companies, sports, evenscience journalism. It happens everywhere a few select people are given excessive power and social capital, and those people are usually (but not always) men.

What the fashion industry does have, however, is a trend of “hipster sexism,” which can be defined roughly as people who hold nominally liberal views on things “pretending” to be sexist “ironically,” because sexism is totally over and so now it’s funny. The New Republic‘s Eleanor Margolis writes of Charney and Richardson:

The two men are emblematic of a hipster veneer that’s so often used to cover up the mistreatment of women… With their 1970s porn star aesthetic seems to come this notion that they’re only subjugating women ironically: we’ll carry on buying clothes from people who look like the result of Ron Jeremy humping a copy of Vice. Misogyny is OK, as long as it pastiches a bygone era of kitsch female subjugation; as long as it’s retro. These bizarre double standards are only serving to blur the lines…between sexism and chicness.

Margolis doesn’t note the fact that the hipster sexism in fashion also has a racist corollary, which Racialicious Thea Kim discusses at length. If you’ve stepped inside an Urban Outfitters or attended a music festival lately, you’re probably familiar with the trappings of hipster racism—that unmistakable “look at me I’m so over racism” chic that affluent young white folks are presumably going for when they wear blackface to a Halloween party or don a Native headdress to a concert.

Why do “ironic”/”hipster” sexism and racism hold such appeal for slightly left-leaning, “fashionable” young people? There’s an optimistic possibility and a cynical one. The optimistic one is that it allows people to perpetuate the comforting idea that inequality is now so passe that pretending at it is hilariously ludicrous. The cynical one is that it allows people to safely express the actual sexist and racist beliefs that they still hold while maintaining plausible deniability: ”No, you don’t understand, I was wearing that blackface ironically!”

Regardless, sexism and racism aren’t over; it’s only some of their most visible and iconic components that have mostly disappeared from our society. When a dude jokes “ironically” about hitting women, he might think that nowadays domestic violence is Very Rare and taken Very Seriously and the police will immediately come and arrest the offending man (perhaps even on a false accusation, which are now “common”). I, on the other hand, might think that many of my female friends are survivors of domestic violence, psychological abuse, or sexual assault, and few of them were taken very seriously at all when they tried to do something about it. So I won’t see anything “ironically” sexist about the joke. To me, it’ll just be plain ol’ boring sexism.

Much of hipster bigotry rests on the assumption that the person wearing the shirt or making the joke is a Really Good Person who would never actually believe such horrible things, so isn’t it hilarious that they’d pretend they do, ha-ha? But making this assumption requires knowing the person quite well, and given how pervasive sexism and racism still are, assuming that a random dude (or a random CEO of a fashion company, per se) is Totally Not Sexist Or Racist isn’t really a reasonable assumption to make.

Read the rest here.

Why "Hipster Sexism" Fails

If Public Breastfeeding Offends You, Don't Look

My newest post at the Daily Dot is about public breastfeeding and the controversy surrounding Karlesha Thurman.

Like pretty much everything surrounding mothers and childrearing, breastfeeding is a politically charged topic. In some ways, mothers are encouraged, even demanded, to breastfeed their babies because of the potential health benefits that breastfeeding provides.

In New York City, a municipal program called Latch On NYC required hospitals to stop giving out formula to new mothers unless specifically requested, in which case a nurse has to record a medical justification for providing the formula. Mothers who are unable or unwilling to breastfeed for whatever reason face stigma—what sort of mom wouldn’t want to do absolutely everything she can to ensure her baby’s health? So the reasoning goes.

At the same time, women are also shamed for breastfeeding in public, even though it’s legal throughout the United States. Public breastfeeding, we are told, is “indecent” and “disgusting,” and mothers should “think of the children” before “whipping it out” in public. (Presumably, they should think about children besides their own, who are hungry and need to be fed.)

Instead, they should find a private place such as a restroom (unhygienic, and most don’t have comfortable seating for a mother to breastfeed), bring formula (not as good for the baby as breast milk), or pump their milk beforehand (and carry it around in a cooler in the summer heat, presumably). Breast pumps and formula aren’t even affordable for all women, and some babies refuse to drink formula.

All this has recently come up in online discussion once again after Karlesha Thurman, a mother and recent college graduate, posted a photo of herself breastfeeding at her graduation from California State University Long Beach. The photo went viral and spawned all of the usual blowback, except this time with an extra side of “She’s ruining the sanctity of the college graduation ceremony!” and probably a generous helping of racism. (Thurman is Black, andseveral commentators pointed out that the harsh response she is now facing ties into a long history of analyzing, judging, and regulating Black women’s bodies and what they do with them.)

Thurman originally posted the photo to the Facebook page of a group called Black Women Do Breastfeed, which aims to encourage and support Black mothers who are breastfeeding and who feel that their experiences are not well-represented in narratives of motherhood.

Thurman has since removed the photo from the group, explaining in interviews that the reactions she received personally, including from the other graduates, had all been supportive, but that people elsewhere online were being “very harsh.” She added, “I did it to show it’s natural, it’s normal, there’s nothing wrong with it. I didn’t even know there was a big controversy about breast-feeding in public until all of this happened.”

Read the rest here.

If Public Breastfeeding Offends You, Don't Look

Hate Crimes, Google Glasses, and Victim Blaming

I have a piece up at the Daily Dot about a woman in San Francisco who was attacked because she wore Google Glass to a bar, and referred to it as a “hate crime.” So many issues to pull apart! Here’s an excerpt:

[C]alling something a “hate crime” adds a certain tone of immediacy and violation to it. I’m not surprised people often call things hate crimes when they’re not. Being mugged or even assaulted isn’t that uncommon, but being a victim of a hate crime is very uncommon—especially if you’re an affluent straight white person. Our criminal justice system is centered on perpetrators, not victims. There is no justice system to help victims of crimes restore a sense of safety and bodily autonomy. We have an institution to punish criminals, but not to support victims. Maybe referring to one’s experience as a hate crime is a way to garner sympathy that may otherwise be difficult to come by.

But “hate crime” does not mean “the perpetrator hates who I am as a person.” It doesn’t mean “this felt especially bad.” It means that the crime was committed with the intent of harming a person who is a member of a social group that has historically been subject to stigma, prejudice, and discrimination—not just on the interpersonal level (as occurs when, say, a white person dislikes a black person), but on the institutional level (as occurs when, say, black people are more likely to be arrested and convicted of crimes that are more likely to be committed by white people). The reason “hate crime” is an important category of crime to define and track this way is because it’s important to understand the effects of institutional oppression, especially since promoting hate against these groups encourages further attacks against them.

Do Google Glass wearers, or technology enthusiasts more broadly, fit into this category of groups? The answer is clearly no. They have not historically been denied rights according to other people. They do not suffer from poverty, sexual assault, violence, abuse, or unemployment at significantly higher rates than other people. They are not generally considered unfit to be friends, partners, parents, employees, or tenants. They are not targeted by the police for unjust stops and searches, and they are not given harsher sentences for committing the same crimes as other people. While people labeled “nerds” or “geeks” sometimes face ridicule or bullying, so do people who have red hair or whose last names sound funny.

Read the rest.

Hate Crimes, Google Glasses, and Victim Blaming

I Am Not Trayvon Martin

When Trayvon Martin was murdered last year, I remember seeing many people post things like “I am Trayvon Martin” online, sometimes accompanied by photos of themselves in hoodies. At first I thought it was something people of color were doing as a sign of solidarity and as a reminder that they, too, face the same prejudice and danger that Trayvon did, but then I noticed lots of white folks doing it. This sort of bothered me.

Now that the awful verdict has appeared, I’ve been seeing it again, but I’ve also been seeing plenty of thoughtful responses to it. For instance, this Tumblr, simply titled “We Are Not Trayvon Martin.”

The Tumblr is full of posts from people who submit their photos along with a note about why they are not Trayvon–that is, how they benefit from privilege. Here’s one:

I am a young white woman.  Last night, I attended a JusticeforTrayvon rally in East LA.  As I walked up the block toward the main square, I passed a line of (all white) cops.

“Are you going to the rally?” one asked.

“Yes,”  I replied.

“Behave yourself,” he said with a wink.

I gave a short laugh.  “I will”  (I really wanted to say, “You, too.”)

He gave me a big, friendly smile and pointed me toward the square.

I am not Trayvon Martin.

Another one:

I am not Trayvon Martin. I am a white, 30-year-old woman living with my husband and young son in the Midwest. We live two doors down from a black family that includes teenage sons. I have never met them, never introduced myself, never made an effort to show that I am happy we are neighbors, that they are safe in their neighborhood and respected by their neighbors. I do not fear them as black men; it’s more that I’m a shy person, afraid of the awkwardness of reaching out to anyone. But fear of any kind prevents community, breeds suspicion, and can lead to isolation and violence.

Will my white son wonder, one day, why we don’t know these neighbors? I repent of my fear; I promise to start being a true neighbor.

And another:

I am not Trayvon Martin. I am an African American stay at home wife and mother of three sweet girls. I was born in Atlanta, Georgia, and though I am not Trayvon Martin. I know many Trayvons. As a former educator I witnessed a system that allowed some of our most brilliant children to fall through the proverbial cracks. As a college educated, lighter hued, African American woman who has always lived a comfortable middle class existence, I know my privilege. Though I have been racialized, and I know what it is like to be a woman in a society that attenuates women consistently, I will NEVER know what it is like to be a black man in Amerikkka. I do not know what it is to be viewed as a menace to society. I am not Trayvon Martin.

It’s not as palatable a message as the stream of “I am Trayvon Martin” posts and hoodie photos. But it rings much more true.

I understand the importance and the appeal of solidarity, so I can sympathize with the sentiments of these posts. But I feel that they are misguided. We (white folks) are not Trayvon. We will never in our lifetimes be Trayvon, except perhaps by some fluke (which then by definition is not the same, because what happened to Trayvon was not a fluke at all).

And even if that happens, our faces will be all over the media with teary reporters talking about what good students we were and how kind we were to our friends, families, and neighbors. They will talk about how we could’ve gone on to write a bestselling novel or start a business or develop a new vaccine, but our lives were tragically cut short by a Bad Person who will soon face the full force of justice.

Sometimes—often, really—it’s more useful to think about our differences than our similarities. This won’t play well to those who claim that “we are all human” and we must “overcome these artificial divides.” Yes, we are, and we must. But before we do so, we must consider the tremendous impact these divides, however artificial, have had on our lives and societies.

You can’t wish this shit away. The familiar refrain of We Are All Human and We Must Look Beyond Our Differences can’t undo Trayvon’s murder and his murderer’s acquittal, and it won’t make this tragedy stop repeating itself. In fact, I would even argue that the more we sing this refrain, the less likely the tragedies are to ever end, because this overplayed song always plays much louder than the uncomfortable but truer songs: the ones about how everyone “sees race,” cops and judges and jurors included, and how the Supreme Court has institutionalized racism into our criminal justice system and on and on.

Before we can do what it takes to make sure that there will never be any more Trayvons ever again, we have to stop singing this song.

We are not Trayvon because we’ve created a world in which some people are Trayvon and some are not. Wishing really really hard that we hadn’t done so will not undo it.

~~~

If you only read one (other) thing about Trayvon Martin and the Zimmerman verdict, make sure it’s this.

I Am Not Trayvon Martin

"I regret my abortion."

[Content note: abortion, partner abuse]

The use of “I regret my abortion” as an argument against legalized abortion is nothing new, but I’ve been seeing it a lot lately in pro-life protests, such as this one at the Texas Capitol. (Yes, that is a man you see there with the sign.)

There are many things that are infuriating about this tactic, such as its implication that your own emotions can be used to legislate everyone else’s reproductive rights and its blatant appeal to emotion rather than reason (“But I regret my abortion! Look how sad I am! Wouldn’t you want to keep others from being so sad?”).

An argument like this also makes it really easy for pro-choicers to look like insensitive assholes, because our position is, simplistically, that your feelings about your own abortion don’t really matter in this debate. They don’t.

Of course, I care about people’s emotions. If having an abortion is going to be something you regret deeply for the rest of your life, I agree that you, personally, should not have an abortion. If you have already had an abortion and you regret it as painfully as these protesters do, then I think you should see a counselor who can help you.

But I don’t think your regret has any relevance whatsoever in public policy, and I think the argument from regret is completely baseless. Here’s why.

1. Humans do plenty of utterly regrettable things that we nevertheless don’t legislate.

This is, of course, the really obvious point. People regret plenty of their sexual experiences, but we don’t make those illegal (well…some try). People put dumb things on the internet that they shouldn’t and that follow them around forever, but it’s not illegal to put dumb things that follow you around forever on the internet. I’m no Libertarian, but I do essentially believe that people should be free (within reason) to make this own dumb shitty choices and learn from them on their own.

There are plenty of regrettable things that we legally regulate, but not because people feel bad about them later–because they have negative consequences that extend beyond an individual person’s regret (see below).

There are also regulations that prevent businesses from keeping people from amending their poor decisions after the fact, but that’s also not the same thing.

2. In fact, conservatives make fun of liberals for this shit.

Well, for what they perceive to be this shit. Conservatives and Libertarians are always attacking things like soda bans and cigarette taxes by claiming that the Nanny State is trying to save us from ourselves. Of course, the rationale for policies like these isn’t “Yeah but but you’ll regret it later!!”; it’s the fact that soda and cigarettes and trans fats have tremendous public health consequences. I don’t know how I feel about these policies yet, but the point is that the pro-lifers are doing the exact same thing they perceive liberals to be doing (whether or not that is actually what liberals are doing).

3. The majority of women who have abortions do not regret them.

A study published in the Archives of General Psychiatry reported this:

Two years postabortion, 301 (72%) of 418 women were satisfied with their decision; 306 (69%) of 441 said they would have the abortion again; 315 (72%) of 440 reported more benefit than harm from their abortion; and 308 (80%) of 386 were not depressed.

The researchers noted, “Most women do not experience psychological problems or regret their abortion 2 years postabortion, but some do. Those who do tend to be women with a prior history of depression.”

On the contrary, people who get abortions tend to report feeling happy or relieved. If pro-lifers could only develop some theory of mind and imagine how another person might feel, they would realize that ending a pregnancy that you didn’t want, that has health risks for you, or that is going to produce a child that you don’t have the resources of willingness to raise would be a relief.

Of course, the fact that most people who get abortions don’t regret them doesn’t mean that nobody does. (Indeed, that’s…how the word “most” works.) At that point, you get into the dicey question of what exactly the proportion of abortion patients who later regret it must be to justify banning abortion. Clearly it doesn’t need to be a majority by their reasoning. Or I’m being overly charitable and they don’t realize that the plural of “anecdote” is not “data.”

4. When people do regret abortions, what actually causes that regret?

I don’t have data on this so I’m just speculating, but I wouldn’t be surprised if the stigma of abortion and of accidental pregnancy and of being a woman who does not want children (right now or ever) plays a role. The actual cost of abortion probably plays a role, too.

It could also be that you really want the baby, but realize that you’re not in a good place to raise a child right now. Someone in this situation could certainly regret their abortion a lot, but that doesn’t necessarily mean it was the wrong decision.

Tragically, people are sometimes pressured or coerced into getting abortions. This is more of an issue in places like China than it is in the United States, but it happens. I personally know of a few cases like this.

Forcing a partner to get an abortion is abuse. The problem here is not with the abortion itself; it’s with the fact that someone’s partner is abusing them. Abuse can, of course, go in many directions. Sometimes people’s partners prevent them from using birth control and thus force them to get pregnant; likewise, the problem here isn’t with pregnancy itself, but with the abuse that caused it.

Pro-lifers are aware of coerced abortions and use them as a pro-life argument. For instance, abortion restrictions often require having the patient sign a waiver stating that they were not coerced into getting the abortion. While this seems like a positive step to help ensure that abuse isn’t playing a part, it’s important to remember that the point of these laws is to restrict access to abortion and reduce the number of abortions, not to protect victims of abuse.

The fact that some people regret abortions and that some people are coerced into getting abortions is not an argument against abortion; it’s an argument against the factors that contribute to that regret, such as stigma, financial consequences, and abuse.

Here’s the thing. For some people, getting an abortion is a difficult, painful decision that will lead to regret and doubt no matter what they choose. It’s a big decision! Sometimes people get pregnant accidentally and find themselves sort of wanting to have the baby but they just can’t support a child and they need to finish school and there’s just no way.

But for other people–possibly the majority of people, it seems–an abortion is just a medical procedure like any other. It’s unpleasant and unavoidable and they’re just glad to get it over with, but it’s necessary, just like the vast majority of medical procedures you’re going to have in your life.

You can’t use the emotions of a minority of people to legislate the rights of everyone else, no matter how legitimate, strong, and real those emotions are.

"I regret my abortion."

Help Stop Ohio's Terrible New Anti-Abortion Bill

[Content note: abortion]

Note: If you already know all about Ohio’s terrible new anti-abortion bill, scroll all the way to the end to find out how to try to stop it. If not, read on.

Last Tuesday night, I and–at times–150,000 other people stayed up to watch the livestream of the 12-hour filibuster in the Texas state legislature. State senator Wendy Davis and her fellow Democrats helped prevent (temporarily) the passage of what would’ve been one of the most restrictive anti-abortion bills in the country. Davis overcame exhaustion, hunger, and her Republican opponents’ bad-faith attempts to get her to go off-topic (in Texas, filibusters must remain “germane” to the bill at hand), to claim that she was breaking rules, and, when the going got tough, to cheat and try to pass the bill after the midnight deadline.

Unfortunately, Davis’ victory was only temporary, and Texas is only one of the the states where reproductive rights are constantly under assault.

My home state of Ohio (I use the word “home” loosely here) just passed House Bill 200, a bill similar to the one that got filibustered in Texas, except worse. Some of its provisions include:

  • Doctors must explain to patients seeking abortion how their fetus’ nerves develop, and to tell them that, even in the first trimester, a fetus can feel pain. There is no scientific evidence of this.
  • Doctors must also tell patients that abortions are linked to breast cancer. There is no scientific evidence of this either.
  • As in the Texas bill, abortion providers in Ohio must be within 30 miles of a hospital, but here’s the new catch–it cannot be a public hospital. So if there are no non-public hospitals within 30 miles of an abortion clinic, then the clinic must shut down.
  • Doctors must inform patients seeking abortions exactly how much money the clinic made from abortions within the past year, and how much money the clinic stands to lose if the patient chooses not to get an abortion. In case it’s unclear, the point of this is to warn patients that there is a “conflict of interest” involved in providing abortions because clinics can make money from them. This is ridiculous because any medical procedure can make money for doctors and hospitals.
  • Before this bill, patients seeking abortions in Ohio were already required to view an ultrasound of the fetus. Now, the doctor must describe the fetus visually and explain the current development of its features. Although the bill doesn’t stipulate what type of ultrasound it has to be, it does require for it to produce a clear image of the entire body of the fetus, and for first-trimester patients, that probably requires an invasive transvaginal ultrasound. Victims of sexual assault are not exempt, and the patients must pay extra for the ultrasound.
  • The mandatory wait period for an abortion in Ohio used to be 24 hours; now it will be 48 unless there is a dire medical need to terminate the pregnancy. Again, victims of sexual assault are not exempt. While some people may claim that it shouldn’t be a big deal to have a wait a day or two, remember: restrictions like these disproportionately impact teenagers, the poor, and those who live in rural areas. For a teenager to miss school and get a ride to an abortion clinic without their parents’ knowledge is difficult enough already; doing it twice is even harder. Same for a poor person who has to skip work, and for a person living in a rural area who has to drive a long way to get to an abortion clinic (and it’ll be even longer thanks to the closures that will occur as a result of this bill). In any case, having to wait, especially having to wait a longer period of time, causes stress and anxiety. These politicians seem to be hoping that that stress and anxiety somehow dissuades the person from getting the abortion.
  • Before, a doctor could get a medical waiver to bypass these restrictions if the pregnancy was causing health problems. But now, doctors will only be able to get those waivers if the potential health risks are so great that the pregnant person could die. Anything less than death, apparently, is no big deal.

These abortion restrictions are like the proverbial frog in boiling water. They do it gradually–a 24-hour waiting period here, a mandatory ultrasound there. So what if doctors must have admitting privileges at nearby hospitals? Doesn’t that make abortion safer? (No.)

But before you know it, abortion is nearly or completely unavailable in a given state, and the degree to which it is unavailable varies according to how much money, status, and support you have. Those people who will be most harmed by an unplanned-for and unwanted child will also be the ones for whom abortions are hardest to access. This is unconscionable and it must stop.

Furthermore, most of these restrictions are predicated on the belief that pregnant individuals cannot be trusted to make decisions about their own bodies on their own. They need waiting periods. They need to be shown ultrasounds. They need their fetus’ development described to them. They need to be informed, as though they are completely clueless and ignorant, that doctors make money when they perform medical procedures.

Of course, the point of the bills is not to make abortion safer. This must be stressed over and over again. The point of the bills is to make abortion difficult or impossible to access. Do not fall for the Republicans’ paternalistic claptrap about how they’re just trying to keep women (they think everyone who gets an abortion is a woman) safer. They’re trying to outlaw abortion, slowly and surely.

How do I know? Many reasons, and I’ll use the very similar Texas bill as an example. Texas Republican legislator referred to opponents of the filibustered bill as “terrorists.” Texas Governor Rick Perry, defending the bill, said that “the louder the opposition screams, the more we know we’re doing something right.” (Yes, that is as rapey as it sounds.) Texas Lieutanant Governor David Dewhurst said that the protesters who prevented the bill’s passage “disrupted the Senate from protecting unborn babies.” Where’s the compassion and the concern for safeguarding women’s health now?

As I mentioned, the Ohio bill has already passed. It was included last-minute in a state budget bill, leaving reproductive rights advocates no time to organize any resistance like they did in Texas.

However, Ohio Governor John Kasich has until midnight tomorrow (Sunday) to veto any or all of the bill’s provisions. Kasich, a Republican, has said that he opposes abortion, but maybe even he will realize that this is just too much.

Here’s what you can do: call Gov. Kasich at (614) 466-3555 or email him here and let him know you oppose House Bill 200. I just did. Remember what I wrote about online activism? We can make a difference.

Help Stop Ohio's Terrible New Anti-Abortion Bill