Archive for November, 2005

Doug Ireland on The French Rioting

Posted by Ampersand | November 9th, 2005

Be sure to read Doug Ireland on the background and context of the French riots. Here’s a sample:

As someone who lived in France for nearly a decade, and who has visited those suburban ghettos, where the violence started, on reporting trips any number of times, French_riots I have not been surprised by this tsunami of inchoate youth rebellion that is engulfing France. It is the result of thirty years of government neglect: of the failure of the French political classes — of both right and left — to make any serious effort to integrate its Muslim and black populations into the larger French economy and culture; and of the deep-seated, searing, soul-destroying racism that the unemployed and profoundly alienated young of the ghettos face every day of their lives, both from the police, and when trying to find a job or decent housing.

To understand the origins of this profound crisis for France, it is important to step back and remember that the ghettos where festering resentment has now burst into flames were created as a matter of industrial policy by the French state.

Read the whole thing. (Hat tip: Once Upon a Time.)

Once you’re done with that, read Adrien Wing on the French rioting. Here’s a sample:

The French train their judges at a national judge school located in Bordeaux which I take my American summer students to visit each year. Students mainly in their 20s are admitted after scoring in the top few percentage points on a national test. They don’t become judges after extended careers as lawyers. Well, the French “baby judge” students are maybe 70-80% female at this point — a matter of some concern to the country with a historically male judiciary. I have even heard talk that maybe affirmative action, which does not exist in schools in France, will have to be considered in order to prevent the judiciary from becoming all female in a few years. Whenever we question the baby judges about the lack of racial diversity at the school, we get blank stares. “We are all French. This does not matter” or Well, all they have to do is score in the top percentages on the test” are among the responses.” I hope the country will realize that gender, racial and religious diversity on the bench needs to be a priority now.

More.

IRS Cracks Down On Liberal Church

Posted by Ampersand | November 9th, 2005

The LA Times reports that a politically active, liberal church in California is being threatened with loss of tax-exempt status by the IRS - even though the author of the sermon in question carefully avoided explicit endorsement of either candidate. Meanwhile, literally thousands of right-wing evangelical churches routinely do the same thing to help right-wing candidates and causes, and even coordinate their campaigning with the Republican Party, apparently without the IRS ever saying “boo.”

Disgusting.

(Of course, I have to admit that perhaps the IRS under Bush is more evenhanded than I imagine, and maybe there are many instances of the IRS cracking down on equally political right-wing pulpit activism. I’d welcome being proved wrong on this one, but I don’t expect to be. Hat tips: Seeing the Forest, The Reality Based Community, and The Mahablog.)

FRONTLINE and Mississippi’s last abortion clinic

Posted by Pseudo-Adrienne | November 8th, 2005

This post was removed by request of the author.

My rape story

Posted by Nick Kiddle | November 8th, 2005

The discussion about the man who claims he can’t be a rapist because his penis is too large set me thinking about my own near-miss a couple of months ago. It feels odd to talk about rape in connection with an experience that was more irritating than traumatic, but technically I came close to being raped and escaped more through luck than through anything I did “right”.

Read the rest of this entry »

“Girl-Cott” succeeds in pulling sexist t-shirts off shelves (and there’s a contest)

Posted by Ampersand | November 8th, 2005

(Reuters) - Retailer Abercrombie & Fitch said on Friday it would stop selling some of its T-shirts after a national boycott by teenage girls, who objected to slogans emblazoned across the shirts such as “Who needs brains when you have these?”[...]

Earlier this week, the Women & Girls Foundation of Southwest Pennsylvania launched a “girl-cott” of the store in protest over the T-shirts, launching an e-mail campaign and appearing on NBC’s “Today” show to air their concerns.

Well, that’s certainly cool. Although the corporate drones folded so easily, I wonder if perhaps the initial sales on the retro-sexist tees were dissappointing.

In any case, check out The Countess’s contest for best offensive (or counter-offensive) t-shirt slogan. You could win some fine chocolate shaped like a body part - what could be better?

Questioning Alito About Husband Notification

Posted by Ampersand | November 8th, 2005

If you haven’t already read it, check out William Saletan’s fantasy of the questions he’d ask Judge Alito, were he a Senator. I especially liked the last third or half, which shows how an ideological judge can use selective quoting - and selective blindness to the substance of past precedents - to apply his ideology while maintaining a surface of impartiality.

We’re Number One! (Prison Edition)

Posted by Ampersand | November 7th, 2005

Via Crooked Timber, the BJS (Bureau of Justice Statistics) notes that the US now has nearly 7 million adults either in jail, in prison, on probation, or on parole. “At year-end one in every 31 adults were under correctional supervision, which was 3.2 percent of the U.S. adult population.” Damn!

Of that 7 million, about 2.1 million are behind bars, and the largest portion of those are people in state prisons. When you add up the state and federal prison systems, about a quarter of every American behind bars is in the clink for drug offenses - and drug arrests have been increasing.

(Public order offenses, in contrast, have apparently and quite suddenly dropped way down. Anyone know what that’s about?)

I do drugs, sometimes (not often, because I’m too cheap to spend money on drugs). The vast majority of my friends either do drugs or have done drugs. I bet that’s true of most of the folks in congress, and most cops, as well. What’s wrong with this picture? (That’s the question I’d like to see every politician, every crime policy expert and every pundit answer: have you ever done illegal drugs?)

As bad as the waste of tax dollars is, the injustice of keeping people behind bars for victimless crimes is worse. The “war on drugs” is an expensive failure; a public health approach would be far more sensible, but is politically unthinkable. And as long as the main victims of our drug war are poor urban blacks - a group with no money to give to politicians and no voice in government - change will remain politically unthinkable.

With a few exceptions, I don’t think people should be put in prison for property offenses, either; I’d rather see most of those folks with a band around their ankles, living on their own dime, holding jobs, and having their paychecks garnished to pay restitution to their victims. Sure, monitoring is expensive, but so is keeping people in prison.

However, I do want violent people behind bars - and most of the increase in the US prison population is due to an increase in prisoners convicted of violent crimes. And it’s hard to argue effectively against the “throw ‘em in prison” strategy when violent crime has in fact been going down.

Time For A Link Dump

Posted by Ampersand | November 7th, 2005

So many links, so few eyes in my head…

Marriage Must Be As Jesus Intended It (Except Divorce, Which Is Cool)
Unclaimed Territory, pointing out that some Texans have cited “Christianity” as their reason to oppose same-sex marrige, wonders why those same Texans haven’t been trying to outlaw divorce and remarriage. Thanks to “Alas” reader “Curtis.”

Fat Trucker Wins Discrimination Lawsuit
A 550 pound trucker in Oregon has won a $106,000 award against a trucking company which discriminated against him, even though he was able to do his job. The Oregonian does the usual media thing of using the headline for faux-witty weight references, but the article isn’t bad. Thanks to Aaron for the tip.

Race and Football
Michael Berube persuasively argues that, while Rush Limbaugh’s comments about black quarterbacks last year were racist nonsense, football coach Fisher DeBerry’s recent remark that “Afro-American kids can run very well,” while inelegant, is inoffensive.

Fake “Deficit Reduction” Plan Screws Over The Poor
Good Obsidian Wings post on the faux deficit reduction plan the Republicans are pushing; as you’d expect, tax cuts for the rich are preserved, but essential services for the poor are cut. Meanwhile, more irresponsible tax cuts mean that the deficit will actually be increased by $35 billion. Who cares if less food stamps means more children go hungry, while we saddle future generations with apalling debt; all that matters is, Dick Cheney will be a little bit richer.

Outsourcing Parenting
Jill at Feministe discusses feminism and domestic help. My favorite bit: Living in Manahttan, the most public domestic workers are the nannies who you see all around the city … they’re easily identifiable because they’re usually women of color with white children in tow. I can’t tell you how many times I’ve heard otherwise progressive people complain that rich (ostensibly white) Manhattan mothers “aren’t raising their own kids.” And yes, there’s room to criticize absent parents … but no one seems to mention that Dad isn’t raising his own kids, either.

A National Idiotcy Begins
The same week marijuana was outlawed for the first time - October of 1937 - came the first irrationally harsh sentencing: four years hard labor for two joints. Cops supported the new laws by saying that pot users displayed “superhuman strength” and a “lust for blood.” Hat tip: TalkLeft.

An Idealogue Before Nomination is an Idealogue After Confirmation
Scott at Lawyers Guns and Money points out that right-wing interest groups - both big religion and big money - are lining up to support Alito despite his newfound reputation for being moderate and without known positions.

My Aunt’s Building Burned Last Night
Must-read post discusses what is real and what is myth regaring the rioting in Paris.

Another post about husband notification

Posted by Nick Kiddle | November 7th, 2005

I’ve stayed out of Supreme Court discussions because the system here in the UK is completely different and my ignorance of the whole subject is so profound I have nothing useful to contribute. But this quote from Alito about husband notification stood out so much that I had to say something.

The Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands’ knowledge because of perceived problems”“such as economic constraints, future plans, or the husbands’ previously expressed opposition”“ that may be obviated by discussion prior to the abortion.

Every time I read it, my mind supplies a translation that runs something like this: “Those silly women think they need an abortion, but they don’t really. If they would only do the sensible, rational thing and discuss it with their husbands, they’d realise that.” And I know that, technically, Alito isn’t saying he thinks that - just that the Pennsylvania legislature could have thought it in good faith - but he seems to think it’s a perfectly reasonable way of looking at things.

The “perceived problems” Alito cites - which seem like genuine problems independant of perception to me - are reasons women might have an abortion, not reasons they might do so without their husbands’ knowledge. Whether a married woman discusses her decision with her husband depends less on her reasons for not wanting to continue the pregnancy as on the nature of the relationship between them.

It’s likely that in many cases, a woman will want to avoid telling her husband for the same reason the Pennsylvania legislature might theoretically find it desirable: a belief that he will try to talk her out of it. A fear that he will brush aside her reasons for not wanting to continue the pregnancy or even insist that he is better qualified than she to make this decision. The kind of rational arguments my ex-boyfriend used on my decision to continue with my pregnancy would be no more pleasant for a woman who made a different decision but faced similar opposition.

Trying to enforce “rational” behaviour by law doesn’t work because a decision looks different depending whether it’s viewed from the inside or the outside. When I rejected my ex-boyfriend’s suggestion that I should have an abortion, my fear that I would never have such an opportunity to become a parent and the fact that I already imagined my baby as the person it might become were both factors that influenced me. For me, these were more important than the economic factors that pointed to the conclusion that an abortion was the better choice. For him, the economic factors were all; my reasons for refusing had no place in his analysis. Neither of us could be said in an absolute way to be correct, but I was better able to weigh the factors that made a difference to me and therefore make the decision that was right for me.

As with abortion, so with husband notification. The worry that your husband will dismiss your reasons for wanting an abortion and try to manipulate you into continuing with the pregnancy may sound trivial to an outsider, but only the woman facing it can judge how far it could go or how badly it could affect her. Forcing a woman to convince outsiders that she has good reason to fear her husband’s reaction, when they know nothing about her or the relationship she has with him, undermines her ability to make her own choices based on what she knows. It replaces her judgement with the judgement of a court or panel. I don’t know the precise legal meaning of “undue burden”, but it certainly fits my layman’s understanding of the term.

Monday Baby Blogging - Using the Phone

Posted by Ampersand | November 7th, 2005

As you may have noticed, it’s been weeks since Maddox was born and I’m still posting photos of Sydney in the hospital. Well, there was a lot of time to pass there, and precious little to pass it with other than a 23-month-old baby and a camera.

Like every baby I’ve ever met, Sydney is a big fan of phones.

Sydney on the phone
Read the rest of this entry »

The Future of Lighting

Posted by Ampersand | November 6th, 2005

So some lab geeks have figured out how to make “quantum dot” lights emit a mostly-white, yellow-tinged light, which is to say to emit the kind of light most consumers prefer. They use up much less energy - and the manufacturing process has the potential to become relatively cheap and easy. This could lead beto the end of lamps as we know them:

But, if the quantum dot approach pans out, it could transform lighting production into a primarily chemical process. Such a fundamental change could open up a wide range of new possibilities, such as making almost any object into a light source by coating it with luminescent paint capable of producing light in a rainbow of different shades, including white.

I love living in the world of the future.

Quote

Posted by Ampersand | November 6th, 2005

From Margaret Cho’s blog:

Even though to me, a Japanese schoolgirl uniform is kind of like blackface, I am just in acceptance over it, because something is better than nothing. An ugly picture is better than a blank space, and it means that one day, we will have another display at the Museum of Asian Invisibility, that groups of children will crowd around in disbelief, because once upon a time, we weren’t there.

Via Feministing.

Mass Marketing Sexist T Shirts

Posted by Ampersand | November 5th, 2005

A young woman I see on the bus sometimes wears a t-shirt - either homemade or faux-homemade, I can’t tell - which says “I love my cunt,” with “love” indicated with a heart symbol. I think that’s a brilliant shirt.

Nonetheless, my bet is that Abercrombie & Fitch won’t be marketing shirts with that slogan. Amanda is criticizing the new Abercrombie & Fitch line of t-shirts, marketed at teens, which promote hiply ironic sexism.

Some of the mottos on these shirts:

  • “Who needs brains when you have these?”
  • “Blondes Are Adored, Brunettes Are Ignored.”
  • “I’m too pretty to do math.”
  • “Do I make you look fat?”
  • “No Money, No Car, No Chance.”

I’ve seen some fruitless arguing over “is it funny or is it offensive?” I’ve never understood that debate - there’s no reason things can’t be both.

For myself, some of the shirts could be redeemed by context - that is, if the right person wore ‘em with the right spirit of irony - but most of ‘em are just crap. (I myself would be happy to wear the “do I make you look fat” shirt, if only it came in size XXXXXL). And I hate that they’re produced by a major corporation, because the very fact that a huge mega-seller like A&C is convinced that they can make a profit selling these proves that the shirts have nothing to do with individuality.

Are shirts like this such a big deal, in a world of so many really horrible tragedies? No, but it kinda sucks whenever rebellion is mass-marketed to kids by cynics who have the most to lose if real rebellion ever takes place. That it’s effectively endorsing sexism - in a aren’t-we-all-past-worrying-about-it way - merely increases the suckitude.

Happily, as Twisty and Demagogue both point out, some teen girls have seen past the fake corporate irony and are organizing a “girlcott” of Abercrombie & Fitch. From the Chicago Tribune story:

Heather Arnett, adviser for the girls’ group, said it doesn’t matter if Abercrombie gets free advertising. They’re already a giant as far as she’s concerned. What matters is empowering young women, she said, who in turn serve as examples to other young women.

“A week ago, Katie Couric knew who Abercrombie & Fitch was, but she didn’t know who Emma Blackman-Mathis was,” Arnett said. “A bunch of teenage girls are being interviewed by national media about what they think. And that is the news.”

Now that is cool.

Why Does The Disney Store Hate America?

Posted by Ampersand | November 5th, 2005

Mythago reports that some local Christians leave their porch light on to attrack trick-or-treaters - but only give away pamphlets imploring people to come to Christ (and come join their church).

What teases! Plus, they’re being counter-productive: I’m sure they’re just instilling a lifelong prejudice against Christians in some of their victims.

It does poke a needle in a pet theory of mine, however. We took Syndey trick-or-treating in the mall this year (I’ll post pictures of Sydney in her costume in a couple of weeks, when I’m back home from Florida). The mall encourages this practice, and most of the mall stores have an employee in a costume and holding a bag of candy hanging out by the entraces, ready to fill up kid’s bags. Some of the places give away stickers instead of candy, which is a little on the lame side, but since Sydney actually loves stickers I’ll give those stores a pass.

What’s unforgivable is the Disney Store, which didn’t give away candy, and didn’t give away stickers. Instead, they gave away little printed ads telling us that Disney’s new movie, Chicken Little, will open soon.

Keep in mind, children wait on line for this, thinking that they’re going to get candy. Disney stole precious time from these 2-6 year olds that could have been spent waiting on line for some store that doesn’t Hate America and therefore gave out candy!

Plus, they dressed some poor 12-year-old in a princess costume to hand out the ads - I presume because they knew that an adult employee would have had to listen to complaints from angry parents, whereas no one was willing to yell at a 12 year old girl. So not only are the people who run the Disney Store lame, they’re cowards.

Anyway, at the time I argued that Disney could only get away with being so lame because they were in a mall, which screws up the entire trick-or-treat economy by eliminating the essential threat of egging. It’s classic moral hazard: If the infrastructure guarantees no punishment for it, why shouldn’t people use trick-or-treating as a ruse for advertising? But Mythago’s Christians apparently aren’t worried about being egged, either, so maybe I’m wrong. (Or maybe the Christians want to be egged, so they can feel martyred.)

In Mythago’s comments, by the way, is one of the best distinctions I’ve read all week: ” I would pee on these people in a non-sexual way.” Thank goodness it’s in a non-sexual way!

Testing, testing (socialism and fat)

Posted by Ampersand | November 4th, 2005

Another one of those “what is your political ideology” tests, which are weirdly fun to take, despite being predictable. At least this one has a pretty “political ideology” chart. My results are below the fold, but I don’t think it’ll surprise anyone that I’m more socialist than bloggers at Balloon Juice, Crooks and Liars, Oliver Willis, and Talk Left.

More interesting is the Implicit Association Tests. I notice that they’ve now added a test which tests for bias against fat people. These tests are more interesting than the standard internet tests, I think.


You are a

Social Liberal
(81% permissive)

and an…

Economic Liberal
(5% permissive)

You are best described as a:

Socialist



Link: The Politics Test on Ok Cupid
Also: The OkCupid Dating Persona Test

Why Most Americans Support Husband Notification

Posted by Ampersand | November 4th, 2005

Cathy Young, responding in part to my post here, writes:

Incidentally, in various polls, about 70% of Americans favor a law requiring a woman to notify her husband — some polls include “partner” as well — if she’s having an abortion. So either the vast majority of Americans support male patriarchal ownership of women, or there is something else at stake.

Another possibility - one that seems more likely - is that the majority of Americans haven’t given enough thought to the question to have an informed opinion. Husband notification is an obscure issue, and it’s likely that many of the people who were polled never knew about the potential downsides of such a law. If this were a hotly debated, much-talked about issue, the pro-choice objections to husband notification - both its sexist roots, and the concern that such a law might lead to women being punished by their husbands through emotional abuse, or through spreading the word that she’s had an abortion, or through cutting her access to shared family resources - would be much more generally known. My speculation is that if that were the case, we’d see radically different poll results.

Cathy’s post implies that if lefties criticize a sexist (racist, homophobic, etc) policy , that’s in some way equivilent to accusing anyone who supports the policy of being “a fascist, a neanderthal, or a male chauvinist pig.”

I don’t think that’s the case. I can think of nonsexist reasons for someone to support a husband-notification policy: Maybe they want to encourage fathers to be more connected to children (as fathers would be, in a less sexist society), for example. It is because I think non-sexist people sometimes support sexist policies that I make the arguments I do; I’m hoping that, if I can convince someone that a policy is rooted in sexist assumptions, that will make them less likely to support it.

(More on this general subject here).

Quick, Geeky Buffy Note

Posted by Ampersand | November 3rd, 2005

Just watched Pleasantville, a movie which for me is elevated above its extremely fluffy level by how much I enjoy the black-and-white mixed with color graphics. (The movie’s plot involves a black-and-white town which, object by object, turns color).

The last time I saw it, “Buffy” fanaticism hadn’t yet taken over my brain; this time, I recognized both Danny Strong (Jonathan from “Buffy”) and Marc Blucas (Riley from “Buffy”) playing background teens in Pleasantville. Danny Strong even gets a couple of lines. Geeky? Me?

Another thing I like about Pleasantville: It’s really unusual for a piece of American pop culture to embrace cubism as great art.

Links to Here and There

Posted by Ampersand | November 2nd, 2005

I’m off to Florida to visit my parents. I’ll probably be blogging again once I’m over the jet lag, but in the meanwhile I’d better clear some links off my desktop…

The US May Be Backing Down on Dalfur
The Debate Link points out recent moves that suggest we’re preparing to live and let live with genocide.

Being Gay In Nambia
Obsidian Wings quotes extensively from a great Washington Post article about being Gay in Nambia.

Gallagher and Blankenhorn Respond
Maggie Gallagher and David Blankenhorn have separately responded to a post of mine about the (in my opinion) changing positions of anti-SSM folks over the years. I will respond sometime in the next several days.

Sometimes I Can’t Fucking Stand White People.
Occasional “Alas” poster Sydney lets off some steam.

McMarten Revisited
Twenty years ago, children who attended McMarten preschool were abused by police, prosecutors, parents, media, and psychologists, who collectively bullied the children into making up horrific accounts of sexual abuse by satanic cultists, leading to many ruined lives and unjust criminal prosecutions. Unfortunately, some feminists - including some prominent ones - were on the wrong side, as anti-feminist Cathy Young points out.

And I Am Not Lying, For Real
I’ve really been enjoying the stories told on And I Am Not Lying. Particular favorites: Movies and TV Led Me Astray Once Again, about trying not to be an asshole in a world that seems full of assholery, and The Night Was Fierce and Fabulous, about attending a (mostly) drag queen party. Nice photos, too.

Bat Boy: The Musical
(Currently listening to.)

While there is no right not to be looked at, that doesn’t mean it’s always right to look.
Hugo discusses questions of feminism, ethics, objectification, and checking out good looking people on the street.

Xander Patterson For Multnomah County Commission
My favorite local water commissioner - and one of my favorite local politicians - has his eye on a slightly higher rung of the ladder. Go, Xander, go!


Creating a Fair Voting System in Ohio

Daniel Tokaji discusses the subtle issues of making voting more convenient while still trying to achieve fairness and honesty.

The End Change of Gay Culture
Warren has a thoughtful post about the mainstreaming of gay culture.

They Hate Queers! They Really, Really, Really Do!
The Log Cabin Republicans provide an impressive list of queer-bashing quotes from conservatives. Hat tip: PurpleScarf.

Icelandic Women Strike For Equality
Women began the working week by abandoning their offices, classrooms and kitchens to join a remarkable strike for equal wages. Marching through Reykjavik and other Icelandic towns, they banged pots and pans and shouted, “Women, let’s be loud!” and “Equality now!”

The Case Against Health Savings Accounts (HSAs)
What puzzles me is that, in the past, I’ve heard HSAs described as “donut-shaped” - that is, the first thousand or so is covered by the HSA, the next thousand or two is paid by the consumer, and after that it’s paid for by HSA. That’s a much better design than what’s described in this critique, because it wouldn’t discourage preventative care - although, of course, a lot of the critiques would apply to the donut-shaped accounts.

The Conservative Case for Same Sex Marriage
Dale Carpenter, guest-blogging at the Volokh conspiracy, makes the right-wing case for marriage equality. The above link takes you to all of Dales’ Volokh posts; so far, he’s doing an excellent job.

Alito, Husband-Notification, and Choice For Men

Posted by Ampersand | November 2nd, 2005

Cathy Young at The Y Files defends Alito’s argument that the government can require married women to inform their husbands before they can have an abortion:

For the record, while I am staunchly pro-choice, I think that spousal notification is a painfully complex issue.

Until lesbian couples have equal marriage rights, the term is “husband notification.” Calling it “spousal” notification is Orwellian; there will never be an instance in which a male “spouse” needs to sign a form swearing he’s notified a female “spouse” of his medical decisions.

Yes, it’s the woman’s body. It’s also the man’s future child…

It’s not the man’s future child if she’s getting an abortion, because the “future child” Cathy refers to will never exist.

I don’t believe we can expect men to be equal partners in child-rearing while denying them any say in reproductive decisions.

The claim that men have no say is not only mistaken, it belittles men’s agency.

Do you really think I have no choice whether I have sex or not? No choice over if the form of sex I have will be coital or not? No choice whether I use birth control or not? Men are not helpless children, incapable of making sexual choices - but that’s the level Cathy’s analysis reduces us to.

Nearly half a century ago, Kurt Vonnegut skewered the belief that it’s wrong if some people have abilities everybody doesn’t share, in his short story “Harrison Bergeron.” That story is very relevant to the “choice for men” debate.

If my partner is female, she has an ability I lack - the ability to abort. (She also faces risks I don’t). But the fact that other people have inherent abilities I lack, doesn’t make me a victim, and doesn’t mean I lack liberty.

Is it fair that women have an ability men lack? It’s not fair in the sense that the government in Harrison Bergeron-land understood “fairness,” which seems to be the sense Cathy uses.

But in another sense, our system is fair, because it treats women and men the same: Everyone has the right to choose what to do with the reproductive abilities they have, and everyone is responsible for dealing with the choices they make.

Paternal consent, in my view, goes too far in infringing on the woman’s bodily autonomy; paternal notification, on the other hand — with exemptions when there is domestic violence or other complicating factors — may not be such an onerous measure.

Cathy makes an interesting slip here - she uses the word “parental” where she should use the word “husband.” I’m sure it was an honest error, but it’s ironic, because the “husband notification” laws Cathy favors really do treat husbands like fathers - and wives like children.

(It turns out I was the one making an honest error - Cathy said “paternal,” not “parental.” So I’ve definitely got some egg on my face. :-) However, I still feel Cathy’s term was inaccurate; the law in question would only apply to married fathers, not to fathers in general. “Husband notification” is therefore the more accurate term.)

The majority opinion, disagreeing with Alito, explained very well what’s wrong with husband notification:

The husband’s interest in the life of the child his wife is carrying does not permit the State to empower him with this troubling degree of authority over his wife. The contrary view leads to consequences reminiscent of the common law. A husband has no enforceable right to require a wife to advise him before she exercises her personal choices. If a husband’s interest in the potential life of the child outweighs a wife’s liberty, the State could require a married woman to notify her husband before she uses a post-fertilization contraceptive.

Perhaps next in line would be a statute requiring pregnant married women to notify their husbands before engaging in conduct causing risks to the fetus. After all, if the husband’s interest in the fetus’ safety is a sufficient predicate for state regulation, the State could reasonably conclude that pregnant wives should notify their husbands before drinking alcohol or smoking. Perhaps married women should notify their husbands before using contraceptives or before undergoing any type of surgery that may have complications affecting the husband’s interest in his wife’s reproductive organs. And if a husband’s interest justifies notice in any of these cases, one might reasonably argue that it justifies exactly what the Danforth Court held it did not justify — a requirement of the husband’s consent as well. A State may not give to a man the kind of dominion over his wife that parents exercise over their children.

Section 3209 embodies a view of marriage consonant with the common law status of married women, but repugnant to our present understanding of marriage and of the nature of the rights secured by the Constitution. Women do not lose their constitutionally protected liberty when they marry.

Hat Tip: Scott at Lawyers, Guns and Money, whose entire post is well worth reading.

WAL-MART: No Fat Chicks

Posted by BStu | November 1st, 2005

Giving us all yet another reason to fight for universal health care in the United States, a recent memo from Wal-Mart indicates that the business strategy to deal with rising health care costs is moving rapidly towards discriminating against sick people. Or, at least people who look like they must be sick like old people and fat people.

The New York Times published a report based on a leaked internal memo from Wal-Mart’s executive vice president for benefits. While it does a lot of hand ringing about fatness and long-term employees, there was no indication that any active discrimination was being advocated. The closest is a misguided attempt to introduce physical labor to positions that wouldn’t ordinarily require physical labor like cashiers. Presumably based on the false assumption that fat people are sedentary and who will flee from physical activity.

Nevertheless, a memo like this will foster an environment of hostility towards fat employees as well as longer-term employees. It is likely that managers will feel pressured to avoid hiring fat applicants even if there is no overt expression of intent to discriminate. Not that an overt expression isn’t likely itself. Wal-Mart may just do a better job preventing leaks on that account. Even still, there is some thought that mandating physical labor unrelated to one’s job for the purpose of discouraging certain workers could be illegal. David Sclar makes note of an article in American Health Line that advances this argument, and it certainly seems like a valid legal concern.

An issue also worth noting is where would such health discrimination stop. If fat people are fair game, what about ethnic groups who have shown higher rates of some diseases? Or women given their possibility of pregnancy. It may seem absurd to think of it, but this is the next logical step from health-justified fat discrimination. If health care dollars spent on fat people are a waste, who gets to decide when it is worth it? Ultimately, this is either an economic concern which targets everyone or a moral concern which targets those considered morally undesirable. Neither outcome is one we should be comfortable with. Most especially when its individual companies making those decisions.

Increasingly, we are seeing big businesses understand that health care costs are making them less productive compared to nations where there is universal health care. The good outcome from this would be some visible support from the business community for a universal health care plan. The bad outcome would be what Wal-Mart is doing and creating a hostile environment for employees who look like they are unhealthy. Lets hope most companies fall towards the good outcome.

At the same time, it is a very good reason why fat activists shouldn’t give up fighting the “common sense” that being fat is unhealthy. It is not enough to just try to combat fat discrimination. What we see with stories like this is that the “fat is unhealthy” message fuels discrimination. This is what justifies it fat hatred for so many people. Even when the bigotry is obviously cosmetically based, such as Dan Savage’s tirades against Girl Love Handles, the prejudice is always defended by pointing how unhealthy fat is. Prejudice against fat people and the prevailing assumption that fat is unhealthy go hand in hand, and Wal-Mart shows us just what is at stake.