Archive for December, 2005

False Rape Convictions Without False Accusations

Posted by Ampersand | December 8th, 2005

With all the discussion of false rape convictions on this blog lately, I thought it could be worth pointing out that one form of false rape conviction doesn’t involve false accusations at all. Many false rape convictions now being discovered due to DNA analysis involve genuine rape victims who make good-faith, but mistaken, IDs.

One disturbing thing is the apparent connection between false IDs and race:

Some 90 percent of false convictions in the rape cases involved misidentification by witnesses, very often across races. In particular, the study said black men made up a disproportionate number of exonerated rape defendants.

The racial mix of those exonerated, in general, mirrored that of the prison population, and the mix of those exonerated of murder mirrored the mix of those convicted of murder. But while 29 percent of those in prison for rape are black, 65 percent of those exonerated of the crime are.

Interracial rapes are, moreover, uncommon. Rapes of white women by black men, for instance, represent less than 10 percent of all rapes, according to the Justice Department. But in half of the rape exonerations where racial data was available, black men were falsely convicted of raping white women.

“The most obvious explanation for this racial disparity is probably also the most powerful,” the study says. “White Americans are much more likely to mistake one black person for another than to do the same for members of their own race.”

On the other hand, the study found that the leading causes of wrongful convictions for murder were false confessions and perjury by co- defendants, informants, police officers or forensic scientists.

One thing that may reduce false IDs is changing police proceedures for IDs by victims; the methods used by police too often send unspoken messages to the victim that “this guy here! He’s the one!” The Innocence Blog has an interesting post about methods of making the ID less subject to police bias.

Donor-Conceived Children and Well-Being of Children

Posted by Ampersand | December 8th, 2005

Over on the Family Scholars Blog, quoting from his own article in the Weekly Standard, Brad Wilcox writes:

Until recently, virtually no attention was paid to how the children of donor fathers make sense of their experience. Nor has the public debate acknowledged the moral and social ramifications of deliberately creating a whole class of children without identifiable fathers.

But there are good reasons to worry about this latest manifestation of fatherlessness. Listening directly to the voices of donor-conceived children should give us pause. Kyle Pruett, a psychiatrist working at the Yale Child Study Center, reports in a recent book that such children have an unmet “hunger for an abiding paternal presence.” He quotes one girl as saying, “Mommy, what did you do with my daddy? You know I need a daddy or I can’t be a child.” […]

But there is an even more basic reason to worry about the deliberate creation of fatherless children. The best evidence from the social sciences shows that fatherless children as a group fare less well than children reared in intact, married families…. Take crime. One study of 6,403 boys carried out by scholars at Princeton and the University of California at San Francisco found that boys raised in single-parent homes are twice as likely as others to end up in prison. Or teenage pregnancy. University of Arizona psychologist Bruce Ellis, who studied 762 girls in the United States and New Zealand, found that girls who saw their father leave the family before age six were more than six times as likely to have a teenage pregnancy as girls whose fathers stuck around through their entire childhood. Or suicide. A study of all Swedish children between 1991 and 1998 found that those in single-parent families were twice as likely to attempt suicide and 50 percent more likely to succeed in committing suicide than children in two-parent families. Note that these studies control for factors like race, education, and poverty that might otherwise distort the relationship between family structure and child well-being.

But those studies don’t control for the most important factor of all, for the argument Brad is making: whether or not a child is donor-conceived.

Although it’s certainly true that being raised by a single parent (not just single mothers) has been shown by legitimate research to worsen the odds for children, the research also shows that some children raised by single parents turn out fine. The question is, are studies about the experiences of children of single parents in general really representative of donor-conceived children of single mothers in particular? Or are those children perhaps especially likely to wind up in the “doing fine” population?

It certainly seems possible that donor-conceived children may do better than many children of single parents. Although they have only one parent, that parent - because her pregnancy had to be carefully planned - is likely to be older than the average single mother, with more resources and a better support network. And, perhaps, an on-average higher enthusiasm for being a parent.

Or perhaps not. There’s no way of knowing for sure. However, Brad’s article should have acknowledged this limitation in the data he cites.

Looking around, I found only one study focused on donor-conceived children of single mothers. Contrary to Brad’s expectations, that study found that “this route to parenthood does not necessarily seem to have an adverse effect on mothers’ parenting ability or the psychological adjustment of the child.” Of course, since that study is a long-term study that has just barely begun (the kids were only two years old at the time the most recent report was written), it’s hardly certain, either. (UPDATE: In comments, Dianne pointed out another study with similar findings, this time looking at seven year olds).

I also had a problem with Brad’s point about “listening directly to the voices of donor-conceived children.” The evidence Brad quotes appears anecdotal, and so cannot tell us how the typical donor-conceived child feels (I’ve read anecdotal accounts of donor-conceived children who said they had no problem with it). We’d need surveys of donor-conceived children before concluding that the quotes Brad provides are or are not representative.

Reproductive freedom is not a minor part of life. Before even considering a ban on donor conception, we should have solid evidence of harm. So far, that evidence is lacking.

Update on the “Guilty of Insufficiently Traumatized Behavior” Case

Posted by Ampersand | December 7th, 2005

Preemptive Karma provides this interesting update to the “Insufficiently Traumatized Behavior” case.

[The alleged false reporter’s attorney] is filing an appeal in the next few days. Due to the arcane system in the City of Beaverton, there is no court transcript or audio recording of the court proceedings. Beaverton is not a “court of record”. Therefore the girl is entitled to an appeal and the case will be tried over again from square one, in Washington County court.

It’s disappointing, from a I-want-to-know-the-truth perspective, that there are no recordings or transcripts. But under the circumstances, a completely new trial seems like the best thing. Unless there’s a lot more to this case than The Oregonian reported, I don’t see how a fair court could possibly find guilt “beyond a reasonable doubt.”

I’ve repeated my original post (edited somewhat) on Blue Oregon, a blog for lefty (but not necessarily feminist) Oregon bloggers. It’ll be interesting to see what the reaction is there, compared to the mostly feminist blogs on which this story has played so far.

Also, I’ve sent a letter to the Oregonian (text below). If you’d like to send a letter to the big “O” (and I encourage everyone to! Let’s flood the op-ed page, if we can!), the instructions are here - basically, be polite and keep it under 150 words.

The Oregonian (”Judge rules teen filed false report in rape case,” December 3 2005) reports that Judge Peter Ackerman convicted a young woman, who claimed she had been gang-raped, of filing a false report. The Judge relied on testimony that the young woman “did not act traumatized in the days following the incident.”

Since when must alleged rape victims “act traumatized” or risk jail? In effect, the Judge’s decision criminalizes failure to conform to stereotypes of how rape victims behave.

Rape is already an extremely unreported crime. How much less often will rape victims report if they risk being branded a false accuser for not acting traumatized enough?

Judge Ackerman and DAs Alan Rappleyea and Ted Naemura have acted disgracefully. False and sexist stereotypes about how rape victims behave should not be used to justify a guilty verdict.

Finally, since Oregonian articles expire after 14 days, below I’ve reproduced the text of their December 3rd article, so it isn’t lost down the memory hole.

Judge rules teen filed false report in rape case
Four stories - Teen never recants, and her lawyer says the verdict may stop others from reporting sex crimes
Saturday, December 03, 2005
DAVID R. ANDERSON
The Oregonian

BEAVERTON — A municipal judge found a 19-year-old woman guilty Friday of filing a false police report after she said she was raped by three young men.

Even though the woman never said she lied or recanted her story, city prosecutors say they took the unusual step of filing charges against her because of the seriousness of her accusations.

The woman’s attorney and advocates for rape victims say the prosecution sets a dangerous precedent and could discourage others from reporting sexual assaults.

“This will have a huge chilling effect on men and women across the board,” said Erin Ellis, executive director of the Sexual Assault Resource Center in Washington County. “We’re sliding backwards.”

After a day-and-a-half trial, Municipal Judge Peter A. Ackerman on Friday convicted the woman of filing a false police report, a class-C misdemeanor. Ackerman explained his decision, saying there were many inconsistencies in the stories of the four, but that he found the young men to be more credible. He also said he relied on the testimony of a Beaverton police detective and the woman’s friends who said she did not act traumatized in the days following the incident.

The woman’s lawyer, Jeff Napoli, said he plans to appeal the case to Washington County Circuit Court, where a new trial would be held.

The woman, who was 17 at the time of the April 30, 2004, incident, testified Friday that she was attacked by an 18-year-old boyfriend and his two friends. She said she was in the boyfriend’s bedroom preparing to go to a party when she was sexually assaulted by the men.

The three men testified Thursday that the acts were consensual and at the girl’s initiation.

The Oregonian is not publishing the names of the woman or the three men because the case remains unresolved and involves allegations of sexual assault.

The Washington County District Attorney’s Office declined to prosecute the case against the men. Robert Hermann, the county’s district attorney, said prosecutors reviewed all the information and statements but didn’t think they could prove a rape allegation.

Ted Naemura, the assistant city attorney who prosecuted the case, said the woman’s false accusations were serious enough to lead to charges. The young men faced prison sentences of at least 7 years and a lifetime labeled as sex offenders. In addition, police spent considerable resources investigating the accusations.

Beaverton has no policy about prosecuting such cases, but reviews each one on its merits, Naemura said. The city prosecuted a similar case a year ago in which a judge ordered the woman to pay $1,100 in restitution for the city’s investigation costs, said Officer Paul Wandell, a Beaverton Police Department spokesman.

The bottom line, Naemura said, is that people can’t use the criminal justice system to further their own ends.

This case should not deter legitimate victims from reporting crimes, he said.

Ellis of the Sexual Assault Resource Center disagreed. She said this case could make others think twice about reporting sex crimes.

Ellis, who provided peer support for the woman during the trial, said she was especially disturbed by the judge’s comments about the woman’s believability.

“There’s no typical response for a rape survivor,” Ellis said.

Kevin Neely, spokesman for the Oregon Attorney General’s Office, said it was rare for alleged sex crime victims to be charged much less convicted of filing a false police report.

“Our concern is always with the underreporting of sexual assaults,” he said, “not with false reporting. It’s a safe bet that prosecutions for false reporting are rare.”

False accusations of sex crimes, while rare, are not unheard of, said Heather J. Huhtanen, Sexual Assault Training Institute director for the Attorney General’s Sexual Assault Task Force.

Huhtanen said about 10 percent of Oregon victims of sex crimes file reports with police.

A Portland Police Bureau study estimated that 3 percent of its rape cases were classified as unfounded, she said. Portland police, Huhtanen said, found that 1.6 percent of sexual assault cases were falsely reported, compared with 2.6 percent of auto theft reports.

The Beaverton case has raised concerns among groups who assist victims of sexual assault.

Keri Moran-Kuhn of the Oregon Coalition Against Domestic and Sexual Violence said the case may discourage victims of sexual assault from reporting crimes.

“The message it gives to other victims is they’re not going to be believed,” Moran-Kuhn said. “It can deter victims from coming forward.”

Napoli, a former Washington County deputy district attorney, said he understands the district attorney’s decision to not charge the three men in the rape case because of disputes over the facts. But for the same reason, he said, it didn’t make sense for Beaverton to turn around and charge the woman.

“I think it’s shocking to most people that a victim would be prosecuted for this,” Napoli said in court.

The woman faces a maximum sentence of 30 days in jail and $1,250 fine, Naemura said. He would not say what sentence the city would seek.

The woman is scheduled to be sentenced in municipal court Dec. 16. The sentence would be suspended until the appeal is resolved.

John Snell and Amy Hsuan of The Oregonian staff contributed to this report. David R. Anderson: 503-294-5199; davidanderson@news.oregonian.com

Treating Porn Like Every Other Media

Posted by Ampersand | December 7th, 2005

On Z Magazine’s website, Gail Dines and Robert Jensen are criticizing the left’s attitude towards pornography:

Pornography is fantasy, of a sort. Just as television cop shows that assert the inherent nobility of police and prosecutors as protectors of the people are fantasy. Just as the Horatio Alger stories about hard work’s rewards in capitalism are fantasy. Just as films that cast Arabs only as terrorists are fantasy.

All those media products are critiqued by leftists precisely because the fantasy world they create is a distortion of the actual world in which we live. Police and prosecutors do sometimes seek justice, but they also enforce the rule of the powerful. Individuals in capitalism do sometimes prosper as a result of their hard work, but the system does not provide everyone who works hard with a decent living. Some tiny number of Arabs are terrorists, but that obscures both the terrorism of the powerful in white America and the humanity of the vast majority of Arabs.

Such fantasies also reflect how those in power want subordinated people to feel. Images of happy blacks on the plantations made whites feels more secure and self-righteous in their oppression of slaves. Images of contented workers allay capitalists’ fears of revolution. And men deal with their complex feelings about contemporary masculinity’s toxic mix of sex and aggression by seeking images of women who enjoy pain and humiliation.

I think they make a good point. Partly, perhaps, as a result of the polarization caused by the “porn wars” in the 1980s, and the desire to avoid even a hint of censorship, lefty defenses of porn sometimes seem more knee-jerk than thoughtful. But you don’t have to endorse censorship to critique the sexism, misogyny and racism found in a lot of porn.

Where Dines and Jensen fall down, in my opinion, is in not providing a working definition of what pornography means. The truth is, porn - like “partial birth abortion” - is one of those terms that is used so loosely, it has become impossible to be sure what any particular author means unless they explicitly define their terms.

For myself, I think “pornography” is any media produced with the intention of being used as a masturbatory aid by the audience. But my definition of porn includes material that contains no violence and is not degrading in any obvious way (for example, Colleen Coover’s comic Small Favors), while Dines and Jensen’s analysis doesn’t even seem to acknowledge that there could be such a thing as non-degrading, non-violent pornography. Does this mean that they see all sexually explicit materials - even something like Small Favors - as degrading and implicitly violent? Or are they not counting such material as “pornography” at all?

Two cover-my-behind points. First of all, I’m not denying that there’s a lot of porn out there that is disgustingly violent, and disgustingly misogynistic. Just clearing out my spam makes it clear to me that porn makers believe they can generate a lot of business by appealing to misogyny: “come see this bitch get nailed!” is if anything a mild example of the misogynistic language typical of much porn advertising. Assuming that market incentives work, the high prevalence of this sort of advertising indicates that there is considerable profit for porn producers who make direct appeals to woman-hatred. And there seems to be a similar, although perhaps slightly smaller, market for overtly racist porn.

Secondly, just because a piece of porn is not overtly misogynist or overtly degrading, doesn’t place it beyond feminist criticism. For instance, a lot of porn (such as Playboy-style naked posing) endorses not only very traditional ideas of what is or isn’t attractive, but also implicitly endorses the idea that sexuality is something possessed by women, which men must pry out of women. To me these ideas are problematic; they support a narrow and limiting idea of sexuality, which I think is harmful to society. However, this isn’t a problem with porn qua porn; the same harmful ideas I dislike in even “non-violent” porn, are also found in abundance in non-porn media like “women’s magazines,” “men’s magazines” and popular sit-coms. So although I think this is a legitimate critique of a lot of porn, it doesn’t make sense to single out porn in general for this critique, since these flaws are evident in virtually all of pop culture.

Regardless of what definition of porn Dines and Jensen are using, or if they’re overlooking the existence of non-degrading porn, it’s clear that their critique is applicable to a lot of the porn out there - and that there’s no reason that leftists should give racist and misogynistic porn a pass, when we don’t give racism and misogyny in non-porn media a pass.

UPDATE: Tiffany at blackfeminism.org weighs in, and also discusses “the virgin-victim-whore trichotomy.”

Goodbye to one of the Greats: Constance Baker Motley, 1921-2005

Posted by Ampersand | December 6th, 2005

If you don’t read any other post today, go and read this remembrance of Judge Constance Baker Motley, written by one of her former clerks.

Judge Motley, among many other accomplishments, was the first Black woman to be accepted at Columbia University Law School; the only woman on the legal team that won Brown v. Board of Education; the first Black woman elected to the New York State Senate; and the first Black woman to serve as a federal judge.

Recalling The End Of Welfare As We Know It

Posted by Ampersand | December 6th, 2005

A good article in the New York Review of Books reviews the book American Dream: Three Women, Ten Kids, and a Nation’s Drive to End Welfare by Jason Deparle.

As the article points out, the existing welfare system during Clinton - Aid for Families with Dependent Children (AFDC) - was severely flawed, and had earned its widespread unpopularity:

Many liberals felt betrayed by Clinton’s decision to sign the welfare reform bill and blamed public hostility to AFDC on racism, which was certainly a factor. About two fifths of AFDC recipients were black, and the proportion was much higher in the large metropolitan areas, where the most influential newspapers and TV networks are located. Nonetheless, racism was not the only reason for the program’s unpopularity.

AFDC was at odds with three widely shared American views. First, instead of encouraging unmarried couples to marry if they conceived a child, it seemed to be rewarding them for not marrying, because marriage usually made couples ineligible for AFDC payments. Second, instead of encouraging recipients to work, AFDC reduced their benefits by about seventy cents for every dollar they earned. As a result, an unskilled mother who had to pay for child care if she worked was usually better off staying home. Third, AFDC seldom paid recipients enough to cover even the most basic expenses. As a result, most mothers supplemented their benefits by working “off the books” and getting money under the table from boyfriends or relatives. A program that encouraged unwed motherhood, idleness, and dishonesty was bound to be unpopular, even in places where all the recipients were white.

During the Clinton administration, “welfare reform” was implimented to the despair of liberals and the relief of conservatives. Both camp’s expectations were overblown, however:

After spending eight years observing the effects of welfare reform, DeParle concludes that it moved a good many single mothers off the welfare rolls but that nearly all are still struggling to live on meager incomes. Every study I have seen supports that view.

In retrospect, it looks as if both the proponents and opponents of welfare reform overestimated its likely impact. Daniel Patrick Moynihan warned that abolishing AFDC would lead to large numbers of children “sleeping on grates,” and many other liberals made similar prophecies. Nothing like that has happened. If anything, material hardship among single mothers and their children has fallen slightly. Those who supported welfare reform also seem to have overestimated its benefits. More single mothers have entered the labor force, but because most mothers were already working the increase was hardly a social revolution. Thus far there is little evidence that making more mothers work has had much effect either way on children. Nor has it saved money, at least so far.

Deparle’s book also includes in-depth profiles of three mothers and how they deal with welfare reform.

From Deparle’s book:

So how had the new law changed [Angie’s] life? Had ending welfare worked? While I had posed versions of the question before, they never seemed to grab her, and I was starting to understand why. On welfare, Angie was a low-income single mother, raising her children in a dangerous neighborhood in a household roiled by chaos. She couldn’t pay the bills. She drank lots of beer. And her kids needed a father. Off welfare, she was a low-income single mother, raising her children in a dangerous neighborhood in a household roiled by chaos. She couldn’t pay the bills. She drank lots of beer. And her kids needed a father. “We’re surviving!” is all Angie said. “‘Cause that’s what we have to do.”

Were her kids proud that she works? It was a question that often arose when I talked about Angie with middle-class friends, most of whom took it as an article of faith that the answer was yes. Angie paused. “I don’t think the kids think about that,” she said. “They’d like it if I’d just sit around with them all day.” She raised her voice to mimic a squeal: “‘Why you always at work?’ Shoot! Why you think I gotta work? Ain’t none a you got a job!” It was possible, of course, that the kids felt prouder of her than she knew and that the power of the example she set would become clearer with time. I asked her if she thought her struggles to grind out a low-wage living would encourage the kids to stay in school. “Do I think they’re going to finish high school? Hell, no!” Angie said.

At the time, like most feminists, I was convinced that welfare reform would be a disaster. By now it’s clear I was mistaken. In retrospect, it’s not surprising that welfare reform didn’t end up making much difference, for two reasons.

First of all, AFDC was simply never that generous anyway - at its best, it was still miserly compared to what most wealthy western nations do for welfare. The reduction of a program that was small to start with can’t be expected to make an enourmous difference.

Second of all, welfare reform more-or-less coincided with a significant growth in the Earned Income Tax Credit; during the Clinton years, the EITC went from being a $9 billion dollar program to a $30 billion dollar program. So it seems likely that some effects of welfare reform were mitigated by EITC growth.

As well as the above-quoted review, I’d also highly recommend this review of American Dreams by David Glenn in Dissent. (Hat tip: Crooked Timber).

Monday Baby Blogging - Sleeping Sisters

Posted by Ampersand | December 5th, 2005

No good story with this week’s pictures (which were taken by Kim, by the way - thanks, Kim!) - just Sydney and Maddox snoozing and being oh-so-cute.

Read the rest of this entry »

Robert’s New Blog

Posted by Ampersand | December 4th, 2005

Frequent “Alas” comment-writer (and token right-winger) Robert Hayes has started a new blog, The Argument Clinic. There’s a lot there that “Alas” readers will disagree with, as well as rare points of agreement. If you enjoy arguments (or just enjoy being pissed off by right wing opinions), check it out.

Oregon Woman Convicted of Acting Insufficiently Traumatized

Posted by Ampersand | December 4th, 2005

An Oregon woman who says she was gang-raped by three men, has been convicted of filing false rape charges, because she failed to act “traumatized” enough. From the Oregonian:

After a day-and-a-half trial, Municipal Judge Peter A. Ackerman on Friday convicted the woman of filing a false police report, a class-C misdemeanor. Ackerman explained his decision, saying there were many inconsistencies in the stories of the four, but that he found the young men to be more credible. He also said he relied on the testimony of a Beaverton police detective and the woman’s friends who said she did not act traumatized in the days following the incident.

That’s appalling.

The Judge seems to believe that there is a typical way in which all rape victims act, and that if a woman fails to act that way, she must be lying. But that’s nonsense. There is no “rape victim script” that every rape victim follows. Essentially, this woman has been convicted of a crime for failing match the judge’s stereotype of what “legitimate” female victims act like.

Judge Ackerman has sent a message to rape victims in Oregon: If the judge doesn’t think you’re weepy enough, emotive enough, hysterical enough, whatever enough, then he might just convict you of a crime. There’s every reason to think an asinine ruling like this will deter rape victims from reporting rape to the police.

Shakespeare’s Sister, The Heretik and The American Street have more. UPDATE: See The Countess’ post, too. And a new post from The Heretik. And My Vast Right Wing Conspiracy. And Once Upon A Time…. And Political Animal. And this stunning post at Shakespeare’s Sister. And Liberty Street. And Radioactive Quill. And Ded Space.

For a contrary view on this case, see Cathy Young’s post.

Ayotte, Pharmacists, and Alito Friday Round-Up

Posted by Pseudo-Adrienne | December 2nd, 2005

This post was removed by request of the author.

South Africa To Recognize Same Sex Marriage

Posted by Ampersand | December 2nd, 2005

Excellent news! South Africa’s Supreme Court has ruled that the South African Constitution, which guarantees equal rights for lesbians and gays, requires the state to recognize same-sex marraiges.

From Reuters (hat tip: This Space For Rent):

South Africa’s top court said on Thursday it was unconstitutional to deny gay people the right to marry, putting it on track to become the first African country to legalize same-sex marriage.

The Constitutional Court told parliament to amend marriage laws to include same-sex partners within the year — a step that runs counter to widespread African taboos against homosexuality.

“The exclusion of same-sex couples from the benefits and responsibilities of marriage … signifies that their capacity for love, commitment and accepting responsibility is by definition less worthy of regard than that of heterosexual couples,” Justice Albie Sachs said in the ruling.

The court said if parliament did not act, the legal definition of marriage would be automatically changed to include same-sex unions. That would put South Africa alongside Belgium, the Netherlands, Spain and Canada in allowing gay marriages. […]

Only one of the court’s 11 judges dissented from the ruling, arguing it should have legalized gay marriage immediately instead of allowing 12 months for parliament to act.

A Concise History of Black-White Relations In The USA

Posted by Ampersand | December 2nd, 2005

As long as I’m reprinting stuff for (the morning after) blog about racism day, here’s my favorite of the cartoons I’ve done about racism. If you have trouble reading this, a larger version can be viewed here.

cartoon

Privilege Is Driving a Smooth Road And Not Even Knowing It

Posted by Ampersand | December 2nd, 2005

[Since this is (the morning after) “Blog Against Racism Day,” I thought I’d repost one of my better posts about sex, race and privilege. This post was first posted in November 2002, and has been somewhat modified.]

The more privileged you are, the easier it is to envision human beings as pure individuals, unconnected to other individuals in any way that matters.

It sometimes puzzles conservatives that progressives are so concerned with what people think. What is racism, sexism, homophobia, etc, after all, other than a way some people think about some other people? And as long as I’m free to pursue my own self-interest, what does it matter what others think of me?

For someone with a lot of privilege, the rational answer is, “it doesn’t matter at all.” The more privileged you are, the less other people’s thoughts count. You go into a store, and you buy what you want, or you don’t buy. You don’t have to worry about what the store clerks think of you - what could matter less?

It matters if you’re a black woman like Debbie Allen, the very successful producer and choreographer. When she walks into a store, it matters what the clerks think of her - because those clerks might decide to refuse to sell her anything (she obviously can’t afford it). This isn’t a hypothetical situation - it really happened. Just as it really happened to Patricia Williams (a very successful lawyer who is a black woman), who once visited a high-end retail store - and the clerk refused to even buzz her in.

Those are small examples, but they illustrate what I mean. To someone with a lot of privilege, what strangers think is irrelevant. To someone in a less privileged position, what strangers think of you determines what kind of access you get to the complex network of relationships that make up our society and our economy. When strangers often think less of you because of your sex or race, you have less access to the material benefits of our society and economy.

People with more privilege, in contrast, can easily imagine that they are independent. A big mark of privilege is that social and economic networks tend to facilitate goals, rather than block them. This makes it easier to ignore the social and economic networks around us; and it makes it easier for the privileged to imagine their accomplishments are the result of their own pure merit. Imagine two roads: one smooth, well-paved, well-maintained, the other lumpy and full of cracks and pits. Most people will drive over the smooth road without even noticing it - but that doesn’t mean that the smooth road hasn’t facilitated their driving. Nor does it mean that the person driving on the smooth road has more merit, as a driver, than someone stuck on pothole avenue.

The feminist and anti-racist view of the world - in which people are not independent but interlinked, and therefore what others think matters in very real and concrete ways - is much more realistic. No one is independent; we all rely on a network of social and economic ties to tens of thousands of strangers, just to get through a single day. (Who grew the food you eat? Who paved the road you take to work? Who decided to offer you your job? Who decided to offer - or not offer - you a residence where you now live? You didn’t do all these things yourself.)

Of course, everyone - regardless of race and sex - will hit occasional bumps on the road. And everyone, white men included, has put out some sort of effort to get where they got. But when the folks on the smoother road go faster and further, let’s not pretend it’s because they’re better drivers.

How Not To Be Insane When Accused Of Racism (A Guide For White People)

Posted by Ampersand | December 2nd, 2005

Prometheus 6 wrote something that has stuck in my head ever since:

Not to put too fine a point on it, but “racist” is the only word that makes white people as crazy as “nigger” makes Black people.

It’s true - a lot of white people, hell, most white people turn ten different shades of pissed off and shoot steam out their ears if someone suggests they’ve said something racist. And if you make a point of talking about race and racism, sooner or later someone will accuse you of being racist, fairly or unfairly.

Frankly, I think we whites - especially, we whites who think of ourselves as against racism - have to get over it. So here it is, in honor of “blog against racism day” (okay, it’s now the morning after blog against racism day, so I’m slow):

Amp’s Guide to Not Being an Insane-O White Person When Accused of Racism.

1) Breathe. Stay calm. Stay civil. Don’t burn bridges. If someone has just said “I think that sounds a bit racist,” don’t mistake it for them saying “you’re Klu Klux Klan racist scum” (which is a mistake an amazing number of white people make). For the first ten or twenty seconds any response you make will probably come from your defensiveness, not from your brain, so probably you shouldn’t say whatever first comes to your mind.

2) Take the criticism seriously - do not dismiss it without thinking about it. Especially if the criticism comes from a person of color - people of color in our society tend by necessity to be more aware of racism than most Whites are, and pick up on things most Whites overlook. (On the other hand, don’t put the people of color in the room in the position of being your advocate or judge.)

3) Don’t make it about you. Usually the thing to do is apologize for what you said and move on. Especially if you’re in a meeting or something, resist your desire to turn the meeting into a seminar on How Against Racism You Are. The subject of the conversation is probably not “your many close Black friends, and your sincere longstanding and deep abhorrence of racism.”

Think of it as if someone points out that you need to wipe your nose because you’ve got a big glob of snot hanging out. The thing to do is say “oh, excuse me,” wipe your nose, and move on. Insisting that everyone pat you on the back and reassure you that they realize you don’t always have snot hanging from your nose, before the conversation can be allowed to move forward, is not productive.

4) Let Occasional Unfair Accusations Roll Off Your Back. Sometimes, even after you’ve given it serious thought, you’ll come to the conclusion that a criticism was unfair. Great! Now please let it go. Don’t insist that everyone agree with you. Don’t enlist the people of color in the room to certify you as Officially Non-Racist. Don’t bring it up again and again, weeks or months after everyone else has forgotten about the original discussion. In other words, see point #3.

Shorter Ampersand: Don’t make it a whacking huge deal if you say something racist, or something others perceive as racist. Apologize, move on, and consider the criticism seriously so that you can improve your thinking, if need be.

New Blog: Official Shrub.Com Blog

Posted by Ampersand | December 1st, 2005

New to me, anyhow - Official Shrub.Com Blog is actually several months old, but I somehow have missed it up until now. (Hey, remember when the feminist blogosphere was so tiny that it was possible to read all the feminist-focused political blogs? Hell, when “Alas” started, it sometimes felt like it was the only politically-focused feminist blog.)

Frankly, I usually ignore blogs with names like this - partisan bashing doesn’t appeal to me much. But Shrub.com is thoughtful, well-written, and spends a lot more time talking about feminism than talking about Dubya. I noticed it yesterday when I was reading every link I could find about that Linda Hershman essay - OS.CB had what I thought was the best post criticizing Hershman.

Everyone’s Talking about Linda Hirshman’s “Homeward Bound”

Posted by Ampersand | December 1st, 2005

Wanna know why I don’t post more? A big reason is that I like reading too much. For instance, I was thinking of writing something about Linda Hirshman’s article “Homeward Bound.” But first I thought I’d see what other bloggers were saying about it… and that turned out to take up all my available blogging time.

I may or may not find time to write a post about Hirshman’s article - although the number one thing I have to say about it, I’ve already said, which is that much of her premise simply ain’t true. (Note, however, that Hirshman herself, in comments, argues that my criticism is unjust.) Meanwhile, here’s what I’ve been reading::

Official Shrub.com Blog
Seriously, though, without proper data a proper discussion cannot take place. The articles Hirshman cites are crap, even if the message they send may have a grain of truth. There is nothing to be gained by validating their improper methodologies, flawed logic, and misuse of data. If you want to discuss the message, then both sides need to approach the issue with data that was gathered and analyzed properly, otherwise it’s fair game to discredit the message by discrediting evidence provided. […]

The point of “choice feminism” is that we must recognize a woman’s right to make her own choices, even if those choices are anti-feminist, bad for her, or just ones we don’t agree with. It is her right as a human being to live her life the way she sees fit.

It is our job, however, as feminists to see where women’s choices are taken away from them and to broaden the path.

11D
So, women just want to be little domestic honey-bunnies? No barriers other those in their own heads and in the minds of their Neanderthal husbands? They just want to spend their time cleaning and see no benefits for their children by staying at home? Please. These women are not representative of elite women and, even if they are, so what? Why do you care?

Half Changed World
I agree that “having enough autonomy to direct one’s own life” is important. I think that Hirshman is right that women often make choices that make sense at the time, but that cut off future options and reduce their bargaining power in the process. But I think that Hirshman is wildly off base in interpreting “autonomy” solely in terms of increased earnings capacity. She’s equally scornful of women who choose “indentured servitude in social-service jobs” as she is of stay-at-home moms, assuming that this makes them less autonomous than the big firm lawyer working 80 hours a week at a job he hates. (Ironically, at the same time that Hirshman is saying that feminism failed by not making women more career-minded, David Gelernter is whining that feminism is the reason his students are excessively career focused.)

Pandagon
My point is there is middle ground between this silly “all choices are feminist” crap and a more nuanced understanding that all choices women make are in response to oppressive forces and have to be understood as essentially surviving choices. It’s helpful advice to suggest that you marry someone beneath you socially to balance out your class privilege with his male privilege, and it’s helpful to advise someone not to change her name when she marries, but I think it’s not productive to judge women who feel, for whatever reasons, that they are only bringing more oppression into their lives than is worth it by making these choices. Like my bitching vs. just doing the housework example–who’s really going to line up to cast judgement on me when I’ve accurately concluded that it’s easier for me to have to do all the housework rather than be labeled a nag and a shrew?

Sivacracy.net
Emphatic note to Linda Hirshman: Feminists can say anything they damn well want (even “Fuck you!” when we are so moved, which is not a random observation here); most elite women DO “choose” the trajectory of their lives, at least as much as the rest of us do, thanks in large part to the triumphs of feminism; and feminism as I understand and experience it is not “in collusion with traditional society.” We are subverting the patriarchy one day at a time by living as we want to, rather than following instructions dictated by men, or by you.

Midlife Mama
Yet (sigh) I fear she’s right that one way to change relationships is for women to increase their earning power. (She also suggests they could be changed if women would “marry down” in age or status, or if they married liberals. She reports this with–seemingly–no irony.)

Bitch, PhD
In fact, I believe that this is the single most irretrievably gendered division-of-labor issue for couples who want to be, or think they are, equals: the person whose job it is to monitor that equality is the person who has the least power. And in most cases, that’s the woman. That’s why “don’t put yourself in a position of unequal resources” is absolutely crucial advice: if you’re going to have to monitor your marriage to make sure that it’s an equal partnership, then that is in and of itself part of the labor of the relationship. That “counts,” and having to do that “extra” work will be a lot more palatable, and possible, if you ensure from the outset that all other aspects of your marriage distribute resources equally.

Angry Pregnant Lawyer
So the reason that the number of women in elite jobs is small is because feminism failed. It has nothing to do with outright or even subtle discrimination in the workplace, or with society’s attitudes toward women, work, and families. There’s a nifty trick: I’m sorry, but your quest for equality hasn’t happened yet, so obviously it’s a clunker of an idea. Forget everything you have achieved in the past 30 years–it’s time to pack it up and get a new ideology.

Rebel Dad
The ideal situation for most families should be shared parenting, where a child has ample doses of both parents. The best way to make that happen is through workplace flexibility: alternative schedules, ample part-time work (with benefits), telecommuting options, etc. There is no reason why the workplace in 2005 needs to run like it did in 1981, when the phone company was a monopoly, fax machines were considered something close to black magic and the internet was powered by 213 computers. If you could build businesses around the concepts advocated by Joan Williams at UC-Hastings — proportional pay, benefits and advancement for part-timers — a lot of Hirshman’s concerns would disappear.

Playground Revolution
The Linda Hirshman piece in the American Prospect is getting emailed around, and got a spot on AlterNet. More tendentious lies, as in: the workplace changed enough. Oh, please. I was interviewed for that piece, and totally distrust the author’s assumptions and her willingness to be honest and truthful. I’m so exhausted by ideologues. Her database: three weeks worth of couples who advertised their June weddings in, yes, the Sunday New York Times. She’s trying to find a book contract for this, god help us all. And she’s a scholar too, she should know better about how to use evidence. Enough, enough, enough.

The Republic of Heaven
Once you’ve assigned false consciousness to every woman who says that she chose to scale back (or forgo entirely) her career in order to have a better family life (a positive externality she fails to include in her calculations of the economics of one income versus two), you have taken a pretty hard position to falsify. How can I prove to you that I enjoy the time that I spend with my daughter, and that I receive value from that, which compensates (given my set of preferences) for the lost income? She has already pronounced that my preferences are invalid, so I have no grounds for argument.

Boston Mommy
Apparently there are still people who - instead of looking for ways to make American work places more family friendly, to remove the penalties for stepping off the fast track (for moms AND dads), to encourage companies to invest in and help retain talented employees by allowing parents to balance work and kids through telecommuting and truncated work schedule options - would prefer to attack the moms who didn’t chose to partake of the full-time day care option.

Blogging Baby
When I think of my friends and mama role models, a lot of them are combining work and family. My good friend Liz, who had baby #2 a few weeks ago, was working for CSFB right up until labor. Another buddy from business school just got in touch with me last week, and I found she was already working fulltime only six months after the birth of her first son. Meg Whitman is the CEO of eBay despite having two boys and a husband whose career is similarly demanding. Although my own career has changed gears a bit in the past three years, I’m still pretty much on track with my goals - although I have taken work that pays less in order to balance it with child rearing, my resume is still full of “chief” this and “VP of” that.

Joanne Jacobs
Men don’t have to make the choice, Hirshman writes. I think most men don’t get to make that choice. They’re usually stuck with the breadwinner role, whether they want it or not. These days, women really do have a choice, but not one without consequences.

Litotical Construct
I find it a curious methodology to look at work in order to assess whether women are being discriminated against, not merely treated differently, vis a vis men. In the civil rights cases challenging the practice of excluding blacks from juries, it was a quick but not trivial question how blacks could be burdened when they were relieved of an obligation; it seems the same problem is inescapable when one uses work to measure opportunity. In the courtroom, a judge could simply decide that since the disparate treatment was suffered by the defendant and not the excused veniremen, it would henceforth be true as a matter of law that singling out black jurors is discriminatory. When a social scientist tries to decipher the world, however, no such resolution by fiat is available.

The Useless Tree
Although it may be true that when a highly trained woman lawyer or architect or corporate professional drops out of the work force it may give employers pause in hiring other women (will they leave for family reasons?), that social cost (inequality in the workplace) is certainly offset by the social good of family care. No, instead of casting aspersions on women caregivers, we should think of ways of enabling more men to do the same kind of caregiving.