When will this election be over?

From here:

South Carolina Democratic chairwoman Carol Fowler sharply attacked Sarah Palin today, saying John McCain had chosen a running mate “whose primary qualification seems to be that she hasn’t had an abortion.”

Palin is an opponent of abortion rights and gave birth to her fifth child, Trig,  earlier this year after finding out during her pregnancy that the baby had Down syndrome.

Fowler told my colleague Alex Burns in an interview  that the selection of an opponent of abortion rights would not boost McCain among many women.

“Among Democratic women and even among independent women, I don’t think it helped him,”she said.

Told of McCain’s boost in the new ABC/Washington Post among white women following the Palin pick, Fowler said: “Just anecdotally, I believe that those white women are Republican women anyway.”

UPDATE — Carol Fowler releases a statement of apology: “I personally admire and respect the difficult choices that women make everyday, and I apologize to anyone who finds my comment offensive. I clumsily was making a point about people in South Carolina who may vote based on a single issue. Whether it’s the environment, the economy, the war or a woman’s right to choose, there are people who will cast their vote based on a single issue. That was the only point I was attempting to make.”

See also.

–Ann Bartow

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Salon Is Currently Featuring An Article About Sarah Palin Entitled “The Dominatrix”

Here. The subtitle is: “Sarah Palin is trying to seduce independent voters. But she comes across like a whip-wielding mistress who wants to discipline a naughty America.” And it is illustrated with this graphic:

Here is an excerpt:

Right now, Palin has Democrats quaking in their boots — and with good reason. But all hope isn’t lost. For even if this election turns out to be a referendum on the national libido, Palin may scare off more voters than she attracts.

Because to anyone who isn’t a true believer, Palin comes across not as a fantasy pinup, but as a dominatrix. And the S/M demographic isn’t going to put the Republicans over the top in the swing states.

For the die-hard Republicans who lusted over Palin at the convention, her whip-wielding persona was a turn-on. You could practically feel the crowd getting a collective woody as Palin bent Obama and the Democrats over, shoved a leather gag in their mouths and flogged them as un-American wimps, appeasers and losers. “Drill, baby, drill!” the chant ecstatically repeated by the GOP faithful during Rudy Giuliani’s speech, acquired a distinctly Freudian subtext after Palin spoke. The more Palin drilled the Democrats, the more hotly the base yearned to drill her. (We will leave it to shrinks to determine whether the GOP hardcore has the hots for Palin because she’s reaming the Democrats, or because authority-worshippers tend to have secret fantasies of being reamed themselves.)

Got that? Palin wants to “drill” and “ream” her enemies. Unlike Joe Biden, when she rhetorically attacks the political opposition, it’s completely sexualized. It’s not because she is a Republican. The Supposedly Liberal Doods are pretending this is so, but we saw how they treated Hillary. As this writer points out, in the early 1990s Hillary Clinton also got tagged as a dominatrix, see e.g.:

That’s an image that made the rounds a lot in various forms during the recent Democratic primary, which you can see for yourself via Google because I’m not providing any links. Portraying politicians as people who want to hurt you during sex seems to be a form of derogation used almost exclusively against women. Think a bit about why that is.

–Ann Bartow

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Disturbing

This. And, by the way, we lesbians and gay men don’t “deal with” our homosexuality, as Focus on the Family asserts. We “deal with” the prejudice of others.

-Tony Infanti

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“Academic Bullies”

Chron story here. Via Historiann.

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One post-modern neo-feminist lesbian libertarian’s “Gay & Lesbian Election Guide”

Here.

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“Space is Still Available! Register TODAY! Hotel Room Block Deadline is September 15!”

That’s the headline of an e-mail I received today from the ABA’s Section on Law Practice Management. It looks like that section is trying to fill seats at its Women Rainmakers Mid-Career Workshop    to be held in Tucson, Arizona,  October 17-19, 2008.  According to the program publicity, participants will  “network with other successful attorneys, engage in focused topical discussions with knowledgeable legal professionals and learn how to utilize tools to help assess the participant’s career, client relationships, and personal lifestyle requirements in order to maximize rainmaking capabilities.”

All of that sounds appealing — although presumably more so to a practicing lawyer than a law prof whose professional need to “rain-make,” at least in the traditional sense, is not acute.  So why would the program be undersubscribed?  Why the e-mail with multiple exclamation points?  I don’t know, but I do note that the program’s intended  speakers are all women.  Could this be our own internal misogyny at work?  Do women think we have less to learn from each other than from successful male lawyers?  

-Bridget Crawford

P.S.  Another hypothesis:  Successful lawyers don’t want to go to a conference that advertises that other “successful lawyers” will attend.  Maybe that’s the best sign that the attendees won’t be?  

P.P.S.  Another another hypothesis:  Maybe noone thinks a conference will be good if the organizers  can’t spell  the name of the host city correctly.

UPDATE:  9/10/08  The ABA’s website has been updated with the correct spelling of the host city’s name.  

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Taxing Sarah Palin’s Per Diem

The Washington Post has a story today about how the State of Alaska paid Sarah Palin a per diem for days when she was at her home in Wasilla. As a tax teacher, the first question that popped into my head was: Did Governor Palin pay federal income tax on these reimbursements? I can’t wait to ask my students whether they think that she should have had to pay tax on her per diem when we reach the deductibility of travel expenses in class in a few weeks.

If, as the story in the Post seems to imply, she was not engaging in business while in Wasilla, then there seems to be a nice question about whether her expenses while in Wasilla qualify either as traveling expenses deductible under section 162 or for the exclusion applicable to employer reimbursements of employee expenses (through, for example, a per diem) under Treas. Reg. section 1.62-2. If these are really just personal expenses paid by her employer, that sounds like taxable income to me.

In this respect, Governor Palin’s situation calls to mind the famous (infamous? well, at least for tax folks!) Flowers  case in which a lawyer lived in Jackson, Mississippi, but worked in Mobile, Alabama. The lawyer refused to move to Mobile for personal reasons. In that case, the Supreme Court held that the lawyer could not deduct the costs of going from Jackson to Mobile and could not deduct his expenses while in Mobile because, in essence, this was just one long commute and commuting expenses are nondeductible. It would seem that the converse would also be true in Governor Palin’s situation.

Another intriguing question arises with respect to all of the airfare reimbursements for Governor Palin’s family members. This calls to mind a topic that I will actually cover in class sooner than the one described above; namely, the taxability of fringe benefits. This situation calls to mind the Joint Committee on Taxation’s examination of President Nixon’s tax returns and its conclusion that he should have included  in his gross income  the value of air travel on government jets by his family members.

If there are any tax folks out there reading this (Bridget?), I would be interested in hearing their thoughts on this and whether I missed anything.

-Tony Infanti

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Assvertising

Via Copyranter (keep scrolling down, there are lots of related posts). And, new entrant here.

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“Cyber Stalking: Anything But a Modern Love Story”

Danielle Citron has a post by this title at Concurring Opinions.

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Gendered Parenting, Same-Sex Parenting and Presidential Politics

{I haven’t posted here for some time.   This is cross-posted from my own blog, Related Topics. )

I suppose more specifically I mean vice-presidential politics.   As in Sarah Palin.

I doubt I have much original to add to the outpouring of commentary, but I thought I’d try to string some thoughts together as clearly as I could.   To do this, I’m going to start some distance away before arriving at the main point.

When I think about gendered parenting what I mean is the idea that men and women parent in some significantly different way–that “mother” and “father” are gender specific roles, with women qualified to be mothers and men qualified to be fathers.   So, for example, if you hear someone say “a child needs a mother and a father” that is an endorsement of gendered parenting.     A ungendered version of the same statement might be “a child needs two parents.”     (I do recognize that many people will argue even with the second statement.     Just look at yesterday’s post.     The issue is number of parents, not gender. I want to focus on gender here.)   If a child needs a mother and a father, then it is because a mother and father each bring different things, defined at least in part by the fact that one is female and one is male.     Continue reading

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This is pretty creepy.

Story here, at Jezebel. Putting something in somebody else’s drink without their knowledge and consent sounds like a crime to me.

–Ann Bartow

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Pole Dance Instruction and the First Amendment

From the ACS blog:

When Stephanie Babines sought a permit to open a dance studio in a Pennsylvania town she was rebuffed by officials who claimed her studio was actually an adult business. Now with the help of the American Civil Liberties Union of Pennsylvania, Babines is arguing in federal court that the Adams Township’s action violated her free speech and expression rights protected by the First Amendment. According to the ACLU of Pennsylvania’s press release on the matter, Babines is seeking to open a dance-and-fitness studio in the town that would provide lessons in”pole dancing, hoop aerobics, power law dance, ‘stiletto strut,’ salsa dancing, belly dancing, cardio kickboxing, and ‘SeXXXercise (an ‘Abs and Core Work Out) – all fully clothed.”

Adams Township officials, however, denied Babines an occupancy permit, arguing that the proposed business would be too close to a residential area and bar. The ACLU of Pennsylvania’s lawsuit states that Adams Township officials called Babines’ proposed business provocative,”full of sexual ‘innuendo,’ and too dangerous for their township.”Jeff Brown, chairman of the township’s zoning board, told The New York Times that,”Each township and community gets to make their own laws. And I’m sure what they allow in San Francisco and other places is different from what we do here in Adams Township.”

Babines, in the ACLU press release, claims her studio is”not a strip joint or gentleman’s club.”Instead, her classes are designed to provide exercises for”women that allows them to have fun, feel confident about their bodies and express their sexuality.”

The lawsuit asserts that the township’s denial of the permit violated Babines'”First Amendment rights”because the decision”was based on the expressive content of the dance classes.”

While I might question why people want to take pole dance classes, I’d never question their right to do do if they want to. This kind of attempt at controlling what women do with their own bodies is truly appalling.

–Ann Bartow

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A Feminist Overview of the Republican Party Platform

From here:

Globally, the platform (see PDF) rejects adopting the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It supports withholding funds from international organizations involved in abortion and upholding the “Mexico City Policy,” which prohibits federal monies from being given to non-governmental organizations that provide abortions or actively promote abortion as a method of family planning in other countries.

Domestically, the platform targets abortion rights by opposing clinics at schools that provide information or referrals for abortion or contraception and by supporting parental notification requirements for both abortion and contraception. The platform also supports a constitutional amendment in support of human life, protection of the unborn under the 14th Amendment, and the appointment of more pro-life judges. The platform opposes abortion in all cases and does not allow for exceptions in cases of rape, incest, or maternal health.

Additionally, while the platform supports “the advancement of women in the military” it also favors their “exemption from ground combat units.” Also regarding the military, the platform supports banning gays and lesbians from service.

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“The measure that would have preserved affirmative action programs in Colorado will not be on the November ballot.”

From the Feminist Daily News:

The measure, Initiative 82, would have preserved affirmative action programs that are threatened by Amendment 46, which has been cleared for the ballot. The disqualified initiative fell about 8,000 signatures short of the number required.

If approved, Amendment 46 will ban affirmative action in public employment, public education and public contracting. Melissa Hart, who spearheaded the Initiative 82 drive and is a law professor at the University of Colorado, told the Rocky Mountain News that “It’s frustrating because our opposition tied us up in litigation and used every tactic they could to hamper the process…[but] it won’t stop us from working as hard as we can to convince voters that Colorado needs to reject (an)…intentionally confusing initiative,” Amendment 46.

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Steinem, “Palin: Wrong Woman, Wrong Message”

From the LA Times, this editorial from Gloria Steinem:

Palin’s value to those patriarchs is clear: She opposes just about every issue that women support bya majority or plurality.  ***  I don’t doubt her sincerity.  ***  Being a hope-a-holic, however, I can see two long-term bipartisan gains from this contest. ***

Republicans may learn they can’t appeal to right-wing patriarchs and most women at the same time.  A loss in November could cause the centrist majority of Republicans to take back their party, which  was the first to support the Equal Rights Amendment and should be the last to want to invite  government into the wombs of women.

And American women, who suffer more because of having two full-time jobs than from any other  single injustice, finally have support on a national stage from male leaders who know that women  can’t be equal outside the home until men are equal in it.

Steinem’s full op-ed is here.  

-Jill Gross

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In which Sarah Palin gets called white trash and a redneck by Erica Jong

Here. That Op-Ed makes me so angry I can barely see, so I’m ending this post here.

–Ann Bartow

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On Palin: Traps for the Unweary

I’ve got a couple posts over at The Faculty Lounge explaining why I don’t support Sarah Palin.   (coupled with the video Ann’s got below!!)   Here’s one:

Thoughts on Palin: Religious Politics and Book Bans

Banned_booksReligious beliefs apparently played a significant role in shaping Sara Palin’s political agenda as Mayor of Wassila, Alaska, including her attempt to ban library books that she considered socially or morally objectionable, or that contained “inappropriate language.”   Politico, Time Magazine, and The New York Times each picked up the story this week.

It is unclear which books she found so offensive, but she reportedly asked the local library director outright if she “could live with censorship of library books.”   Palin later dismissed the conversation as a “rhetorical exercise” and apparently did not push the ban from there.

I don’t know . . . if all of this is true, wouldn’t that make her both irrational and ineffective?

I thought of uploading Palin’s picture next to the banned books to draw readers to the content and reinforce my underlying point: book banning is bad, Palin wants to ban books, don’t vote for Sarah Palin.

But I chose not to, knowing that Palin’s picture is more likely to inspire this conclusion: Palin is a woman, Palin wants to ban books, don’t vote for women.

Society has so little practice in viewing women as individuals, its difficult to imagine that our criticism of Palin won’t be interpreted in outside circles, at least subconsciously, as an indictment against female politicians generally – or women generally for that matter. And her picture,  a visual reminder that yes, in fact, she is a woman, would only reinforce those generalizations.

Heck, picture or no picture, I already called out Palin for being irrational and wonder now whether I’ve fallen into the very trap I sought to avoid.

-Kathleen A. Bergin

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Imagine the Reverse

I’m not the first to utter this thought, but it’s worth putting out there on this blog as well: imagine if, instead of Bristol Palin being the pregnant teenager related to someone running for office this year, it was one of the Obama daughters (at 17 years old, not the current 10 or 7) instead.

What would be the media and political reaction to that?

– David S. Cohen

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Target Women: Sarah Palin

Ribald and funny.

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Five of my favorite non-legal blogs: The meme.

T’was tagged by the wonderful Nicole Black, and I’m going to cast a wide and weird net, so:

Historiann: “History and sexual politics, 1492 to the present”

3 Quarks Daily: Like a blog of chocolates, you never know what you are going to get.

The Society for Librarians* Who Say “Mofo”: The blog title pretty much says it all.

Suburban Bliss: Fresh, funny honest sounding autobiography that is a little less contrived seeming than some of the friendly “competitors” in its blogroll (which I mostly also like).

Fail Blog: Below is Friday Cat Blogging, Fail Blog style.

I tag: Bridget “Coolest Teacher of Tax Law in the Known Universe” Crawford, Francine Lipman, David Cohen, Danielle Holley-Walker, Tony Infanti, Sharon Sandeen, Kathleen Bergin, Josie Brown, Tracy McGaugh, Nancy Rapoport, Paul Secunda, Frank Pasquale, Dave Hoffman, Jim Chen, Minna Kotkin, Christine Hurt, Larry Solum, Erin Buzuvis, Nan Hunter, Julie Shapiro, Nancy Polikoff, Caitlin Borgmann, Caroline Bradley, Susan Crawford, Stephanie Farrior, Rebecca Bratspies, KC Sheehan, Susan Scafidi, Rebecca Tushnet, Devan Desai, Mike Madison, Brett Frischmann, Fred Yen, Greg Lastowka and Eric Fink.

–Ann Bartow

ETA: If I was trying to seem more feminine, I would have listed this blog, which I also enjoy, but not as much as cussing librarians.

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A shock to one’s conscious

The WaPo reports:

As the country rapidly diversifies, Republicans are presenting a convention that is almost entirely white.

Only 36 of the 2,380 delegates seated on the convention floor are black, the lowest number since the Joint Center for Political and Economic Studies began tracking diversity at political conventions 40 years ago. Each night, the overwhelmingly white audience watches a series of white politicians step to the lectern — a visual reminder that no black Republican has served as a governor, U.S. senator or U.S. House member in the past six years.

“It’s hard to look around and not get frustrated,” said Michael S. Steele, a black Republican and former lieutenant governor of Maryland. “You almost have to think, ‘Wait. How did it come to this?’ “

The Republican convention has seemingly abandoned minorities with 2% Black delegates, 5% Hispanic delegates and 93% White delegates (historically low numbers of minorities). Moreover, with the selection of Governor Palin, the Republicans may have ostracized many independent women. Yet they are confident they will win the election with God, Guns and Drilling. Can a party with little to no minority participation win the presidency in 2008 with this very conservative agenda?

–Francine Lipman

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“A new report by the Poppy Project has found that there are over 921 brothels in London being advertised in newspapers with a “large and growing” number of young women who are trafficked as sex slaves.”

BBC story here. Via Jezebel. If you want to help trafficked people in this country, support passage of this. And fight the Bush funded, women hating disinformation campaign.

–Ann Bartow

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When I hear a woman described as “uppity” I think, “I should meet her, we’ll probably become friends.”

Today I donated money to the Obama campaign.

–Ann Bartow

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June Carbone and Naomi Cahn, “Pregnancy often puts success out of reach for teens”

This is an Op-Ed by two fantastic Feminist Law Profs, and it is accessible here. Below is an excerpt:

The news that Sarah Palin’s unwed teenage daughter is pregnant highlights a surprising reality in today’s America: The ultra-conservative morality many associate with the red states is out of step with the reality of 21st century America. Today’s America rewards women who avoid teen pregnancy, study longer and marry later.

The ultra-conservative morality espoused in the Republican platform, on display this week at the GOP convention, emphasizes a “traditional understanding of marriage.” The platform seeks additional funding for abstinence education, which teaches abstinence until marriage as the responsible and expected standard of behavior,” pointing out that abstinence “is the only protection that is 100 percent effective against out-of-wedlock pregnancies.”

That’s the platform. The reality is that red states have higher teen pregnancy rates, more shotgun marriages and lower average ages of marriage and first births than blue states. Teenage girls in the red states are more likely than their blue-state sisters to have sex and get pregnant, marry early and get divorced, stop going to school and go to work and end up raising their children in poverty. …

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Weirdest Line of the Day, So Far

NPR’s “All Things Considered” (9/2/08)

Former Senator Rick Santorum: “… [Sarah Palin] doesn’t need to know that right now. She will learn and she will, she will learn at uh you know, with uh, with a, with a firehose attached to her mouth, I mean with she’s uh, it’s gonna be pretty tough.”

Robert Siegel: “Force fed, you’re saying.”

Santorum: “Force Fed!”

Via.

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Interesting Links

“Why Strong Female Characters Are Bad For Women” at  Overthinking It

“Missing From the Palin Debate . . .” at The Faculty Lounge

“News in Brief: NC Appellate Court Rejects Lesbian Mother  Claim” at Related Topics

“English is Hard” at Miss Cellania

“Book Review: Mama PhD” at Viva La Feminista

“Re-Framing Empowerment: Allergan, Breast Implants and a New, Improved You” at Our Bodies, Our Blog

“Fat Positive Children’s Books, Part One” at Shapely Prose

“Republican sexism watch: Sarah Palin gives us no evidence that she values girls” at Hoyden About Town

“Down Under Feminist Carnival: September 08 Edition” at Blue Milk

“Stock Editing” at The Singing Librarian Talks (or Writes…)

“Extraordinary,” Liz Phair

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Best Line of the Day, So Far

From Echidne:

… Then Palin went on attack, telling us how very much better John McCain was than Barack Obama, because he was a POW and was tortured. Lots of people in Guantanamo Bay will be surprised to hear that they, too, are now presidential material.

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Another Reason To Stay Out Politics

Profiteers will turn you and your family into paper dolls.

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Why this blog has a category entitled: “Jerks Who Make SC Look Bad”

This guy.

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NAPW Law Student Writing Competition 2008-2009 Academic School Year – $1,000 first prize

The first contest asks for a critical analysis of the absence of birthing rights issues from gender discrimination and feminist jurisprudence textbooks and curricula (in fact, none of the top three casebooks used in law school courses dedicated to gender and the law address the issue of childbirth or midwifery). The second contest asks students to develop legal theories that can be used to challenge policies banning pregnant women from having a vaginal birth after a prior caesarean section (VBAC). This topic will encourage students to address a growing problem that has received very little attention from the feminist legal community both in academia and within the leading women’s rights legal advocacy organizations.

Submission Guidelines

Other questions about the contest?
Send Inquiries to: writingcontest@advocatesforpregnantwomen.org

More info here.

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“List of 500+ Women Political Bloggers”

From many varied perspectives, here.

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Lawsuit Challenging NY Governor’s Order to Recognize Same-Sex Marriages Dismissed

In a victory for same-sex marriage advocates, a New York Supreme Court (i.e., state lower court) judge has dismissed the lawsuit filed by lawmakers and opponents of same-sex marriage that challenged the power of NY Governor David Paterson to order the state’s executive agencies to recognize out-of-state same-sex marriages. For the NY Times article, see here. For a copy of the opinion, see here.

According to the NY Times story, the Alliance Defense Fund has indicated that it will appeal the decision.

-Tony Infanti

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H.R. 3887: William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007

“To authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons, and for other purposes.”

Information here.

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Have We Won the Rhetorical Issue on Choice?

Sarah and Todd Palin’s announcement of their daughter’s pregnancy included this statement:   “We’re proud of Bristol’s decision to have her baby and even prouder to become grandparents.”

And when John McCain was asked during the 2000 primary what his response would be if his daughter were pregnant, he said:   “it would be a ‘family decision.’   ‘The final decision would be made by Meghan with our advice and counsel,’ McCain said, referring to himself and his wife, Cindy. When reporters suggested that this view made him, in fact, pro-choice, McCain became irritated. ‘I don’t think it is the pro-choice position to say that my daughter and my wife and I will discuss something that is a family matter that we have to decide.'”

Both statements from these pro-life candidates indicate that there is a decision to be made.   Or, using more loaded language, a choice.   Both statements indicate that choice would be made by the people involved – the pregnant woman and, if she wants to include them, her family.   There’s no more accurate statement of the pro-choice position than that.

So, we’ve either won the rhetorical issue, or there really never has been a debate in the first place, at least on the personal level.   Rather, anti-choice individuals are quick to condemn others for making a choice they don’t like, but when their own family (or they themselves) are faced with an unwanted or unwanted pregnancy, most people, including those who label themselves anti-choice, think of it as a choice what to do next.

– David S. Cohen

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“Arizona Affirmative Action Ban will not be on November Ballot”

From the Feminist Daily News:

An anti-affirmative action ballot measure in Arizona will not be on the November ballot. The measure was decertified based on the signatures collected, but its decertification was challenged last week.

A lawsuit to restore the measure to the ballot was officially abandoned Friday by supporters of the measure, who cited an inability to review all signatures in question by a September 3 deadline. Supporters of the measure have vowed to renew their campaign for the 2010 mid-term elections, according to the Associated Press.

The ballot measure (see PDF) would have amended the Arizona State Constitution to ban affirmative action for women and people of color in public education, public employment, and public contracting.

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MARRIAGE FOR 17-YR-OLD BRISTOL PALIN — HOW 1950’s!

Sarah Palin’s 17 year old daughter, Bristol, is pregnant. So why no uproar from conservative Christians (as Sarah Palin describes herself), or from those abstinence-only sex-education Republicans?? Because she’s marrying her boyfriend, Levi Johnston, that’s why!

How 1950’s! That’s the decade that saw a peak number of teenage pregnancies (the national teen birth rate reached a peak in 1957, at 96 births per 1,000 women ages 15-19.) Half the pregnancies resulted in “shotgun weddings” to preserve the young woman’s honor. Those marriages didn’t fare too well, but Bristol’s is sure to last through the November election, which is all that really matters, right? (Of those young women who did not marry, over 25,000 a year were sent to more than 200 unwed-mother homes where they gave birth secretly and almost always relinquished their children for adoption. Women who gave birth and kept their children, including the black women who were excluded from most of the unwed-mother homes, faced harsh state policies, including eviction from public housing and denial of public assistance. More on this in Chapter 2 of my book.)

Of all the legal and social changes of the late 1960’s and 1970’s, none is more significant than the end of “illegitimacy” as a legal category and the reduction in social stigma associated with nonmarital birth. Women now have the choice to bear children without a husband, with the knowledge that the law won’t discriminate against those children. They also can choose an abortion…although I doubt Bristol Palin really had that choice, in spite of the fact that the Alaska legislature this year kept a bill requiring parental consent from passing. (You might want to donate to Planned Parenthood Alaska to help keep it that way.)

Still, it’s no surprise that the daughter of a prominent abstinence-only conservative is pregnant. Abstinence-only sex education doesn’t work. Meanwhile, we haven’t heard a date for the wedding, so I’m thinking this marriage plan is, well, somewhat last minute. You see, if Bristol wanted to raise this baby on her own —like the teenage girls in Gloucester, MA — this story would be playing completely differently.

-Nancy Polikoff (cross-posted from Beyond Straight and Gay Marriage)

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Posted in Feminism and Families, Feminism and Politics, Reproductive Rights | 24 Comments

Equal Access Does Not Mean Equality

Christina Hoff Sommers, who once said Women’s Studies departments were campus centers for “homely women,” is at it again — this time on the web for the American Enterprise Institute for Public Policy Research:

Here we come to the central paradox of egalitarian feminism: when women are liberated from the domestic sphere and no longer forced into the role of nurturers, when they are granted their full Lockean/Jeffersonian freedoms to pursue happiness in all the multitudinous ways a free society has to offer, many–perhaps most–still give priority to the domestic sphere.

IMHO (where h is for “homely”), Sommers has it completely wrong.  (Her  full article is available  here.)  Equal access to higher education, athletics, employment and ______ (fill in the blank) does not translate into liberation from the “domestic sphere.”  Arlie Hochschild  made that clear in her now-classic 1989 book,  The Second Shift.  We do not know what will happen when women are “no longer forced into the role of nurturers.”  We’re not there yet.  

Do some women have “their full Lockean/Jeffersonian freedoms to pursue happiness?”  Yes.  Some women, sometimes.  But we’re not even close to achieving those freedoms for all (or even most) women all (or even much) of the time.  

-Bridget Crawford

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Someone Needs To Teach A Course In Tee Shirt Law, Redux

From here:

… On the front, in huge capital letters, are the words”Bush Lied.”And on the back, also huge, the words,”They Died.”

In tiny type, on both sides, are the names of all of the U.S. soldiers who have fallen in Iraq.

Dan Frazier of Flagstaff is the maker of the shirts, and you can find them at his website, carryabigsticker.com.

“My idea was to show dramatically the toll that the war was taking,”he said. At the time of the original shirt, 1,600 U.S. soldiers had died, and he couldn’t get all of the names on a bumper sticker, so he opted for a T-shirt.

“It didn’t sell very well,”Frazier said.”It was kind of a flop, actually.”

He even thought about discontinuing the shirts.

But then some state legislators, urged on by family members of fallen soldiers, got the idea into their heads to essentially ban the shirt.

In 2006, Louisiana and Oklahoma both passed laws prohibiting the use of the names of dead U.S. soldiers on commercial products without the permission of their families.

Arizona, Texas, and Florida passed similar laws last year. Arizona’s passed unanimously.

“I was kind of surprised they were being passed, or even being considered,”says Frazier.”I’m trying to get more people from being killed, and her the families of fallen soldiers are trying to prevent me. Strange.”

He also was stunned by the ignorance of the state legislators.

“I thought they would know better than to pass laws that are unconstitutional,”he says.

Nevertheless, the attention was good for business.

“It generated sales, and before too long we were sold out of shirts,”he says.”We’ve continued to print them and update them. We’ve now sold about 4,249.”

But he has had some worries.

“Right after they passed the law here in Arizona, I got a phone call from someone who identified himself as a local police officer,”Frazier recalls.”He asked me if I was going to continue to sell these shirts and if I was aware of the new law. I said I was aware of it, and I do plan to keep selling them. And he said, ‘OK, I’m going to take a report here and pass it on to the attorneys, and they’ll decide if they’re going to prosecute.’ ”

Frazier hooked up with the Arizona ACLU, which won a preliminary injunction against the state, prohibiting it from enforcing the new law.

On August 19, Federal Judge Neil Wake, appointed by George W. Bush, ruled in Frazier’s favor. …

Via Froomkin. And, see also.

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If I ever exchange law for economics…

…I know what kind of economist I want to be. Via.

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“There’s a gigantic difference between John McCain and Barack Obama and between me and I suspect my vice presidential opponent,”Biden said at an outdoor rally Sunday, getting ready to hit the GOP ticket for their economic policies. “She’s good-looking,”he quipped.

Reported here. Curse you, Barack Obama, for making me vote for Joe Biden to vote for you. For maybe the first time ever I agree with Karl Rove.

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Hah!

This. And then, this.

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Feminists For Life

Emily Bazelon provided an overview of Feminists For Life (an organization currently getting attention because Sarah Palin is a member),   in a 2007 MoJo article that is accessible here. Via Bobc.

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“Obama says Palin’s family off limits”

And major props to Obama for that.

I wonder if McCain didn’t understand the magnitude of the wave of sexism that was sure to hit Sarah Palin. His wife has clearly experienced sexism, but the practical effect has been fairly mild because she has always been extremely wealthy, shielded by money she never had to earn herself, at least not in the first instance. He saw what happened to Hillary Clinton, but no doubt felt she deserved it. Well guess what, it doesn’t matter who the woman is, or what she believes. Any woman who thinks she is as good as any man is going to pay dearly for this.

–Ann Bartow

ETA: Once again Historiann lays it down good:

I don’t like Sarah Palin’s policies, which are extremely right-wing and are not the direction we need to go.   I don’t want her to be the next Vice President of the United States.   However, speculation about and scrutiny of her body, pregnancy, and sex life, or her daughter’s body, pregnancy, and sex life, and all discussions of leaking amniotic fluid, lactation practices, medical records, or anything at all relating to the sexuality and reproductive history of anyone in the Palin family are disgusting, beside the point,  and moreover, a really  dumb path for so-called  “liberals”and”progressives”to  go down.   (Aren’t we the party of sexual and reproductive liberty?   Do we or do we not believe in medical privacy rights?   Or does that all depend on whether we’re sniffing Republican or Democratic  panties?)

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Erika Abner, ““Situated Learning and the Role of Relationships: A Study of Mentoring in Law Firms”

Abstract:
This article examines the multiple workplace influences, including mentors and other developmental relationships, on the growth and development of young lawyers from law school through the first few years of practice. Eleven lawyers in six different large multi-service law firms located in a major Canadian city participated in the research. Three primary methods were used: an in-depth interview, brief questionnaires on mentoring behaviors and practices, and the Role Construct Repertory Test.

Learning occurred within a richly diverse field of influences, including mentors, supervisors, senior lawyers, peers, and clients. These relationships strongly affected the invitational qualities of the workplace in terms of access to work and support for learning. Learning was not separated from work, as these participants constructed a learning curriculum through mentors, supervisors, and friends. The dynamic tensions of support and challenge described throughout this article illustrate the critical distinctions between learning to be a lawyer in law school and learning to be a lawyer in practice. These participants were required to continually balance relationships, work, law firm culture and their own growth and development over a considerable period of time. This research illuminates the social world in which these participants learned to practice after law school.

Downloadable here. Via The Situationist.

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The Supposedly Liberal Dood Blogs Outdo Themselves

Ugh. I was going to do a link round up but one is all I have the stomach for. I need some time away from the Internet today. Comments may be very slow to post, sorry.

–Ann Bartow

ETA: The above (which used to link to the post at Kos arguing that Sarah Palin had lied about her fifth child) is a link to nowhere now. Retraction? Apology? Of course not. But at least the post is down.

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“Hamer’s Convention”

Interesting and moving post by this name at The Legal History Blog about Fannie Lou Hamer’s challenge to the seating of Mississippi’s all-white Democratic delegation at the 1964 DNC.

–Ann Bartow

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New Candles Marketed To Men Are Called…(wait for it)… “Hotwicks.”

And they come in flavors that includepigskin” (“Show your devotion to America’s greatest organized activity by making your house smell like a football factory”) and “urinal cake” (“THE URINAL CAKE CANDLE — Bring the industrial chemical freshness of a public restroom right to your home”). Kate Harding has a few trenchant observations about this here.

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Insomnia and Gender

Gayle Green’s article,  Why We Can’t Sleep: It’s Not Just in Our Heads, from the  Spring 2008 issue of Ms. Magazine posits a biological basis for insomnia:

A 2007 poll by the National Sleep Foundation found that 67 percent of women frequently experience sleep problems…[y]et  75 percent of sleep research has been done on men, and until recently the researchers have been primarily men.  

As with other conditions that affect more women than men and are not well understood, there’s a tendency to assume that the problem is psychological….There’s no question that stress can lead to insomnia, and that women are under stress…. But to overestimate the effects of social and psychological factors is to miss the crucial connections between female physiology and sleep.

Before puberty, girls do not sleep worse than boys. At adolescence, though, girls become approximately two and a half times more likely than boys to have insomnia….As we’re exposed to monthly dips and surges in estrogen and progesterone throughout our reproductive years, the stress system stays primed for hyperreactivity, which gives us greater vulnerability to stress-related disorders.  

Menopause is another trouble spot for sleep; at this point, women’s sleep complaints more than double….

And yet, contrary to popular conception, midlife may be a less stressful time for women than their 20s. Women’s depression rates actually go down after menopause, even as insomnia rates go up:which should unseat the knee-jerk equation of insomnia with depression. Many of us are on a more even psychological keel in our 50s and 60s than we were when we were younger:except that we can’t sleep.

Menopause is a biological as well as psychosocial event….One reason hormonal fluctuations disrupt sleep is that they raise temperature. Body temperature tends to decline as sleep comes on, so anything that keeps it elevated:an electric blanket, a hot room, work or vigorous exercise too close to bedtime: may inhibit sleep. ***

But it’s always easier to psychologize the problem:tell us we’re stressed or depressed and pass the buck back to us:than to do the hard work of finding out what’s really going on. Since insomnia disproportionately affects women, its neglect by researchers is our neglect.

The full article is available  here.  

-Bridget Crawford

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The Gendered Reaction to Palin

Early polling data shows that the gendered reaction to John McCain choosing Sarah Palin is exactly the opposite of what pundits and presumably John McCain thought it would be.   The wonderful FiveThirtyEight website has the information here.   Basically, men are more positive about Palin while women are reacting more negatively:

[The poll shows that m]en have a favorable imperssion of Palin by a 35-point margin, whereas women have a favorable impression of her by an 18-point margin. Conversely, by a 23-point margin, women do not think Palin is ready to be President, whereas Palin lost this question among men by a considerably smaller 6-point magrin.

There are all sorts of possible explanations here, including the one offered up by Nate Silver at the link above – that men tend to be more conservative than women, and Palin’s staunch conservative ideology is more appealing to them.   But, I think other factors could be playing out here, including a feeling by many women that McCain has insulted their intelligence by trying to pick off their loyalty based solely on sharing internal plumbing with this Alaskan right-wing ideologue.   I’d be remiss if I didn’t also mention a suspicion that many (heterosexual) men are feeling positive toward her because they are attracted to her.   I could be wrong, but I wouldn’t be surprised.

– David S. Cohen

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“Should Obama have picked Hillary?”

Rebecca Traister asks that question in an essay by that name at Salon here (you’ll have to suffer through an ad to read it if you aren’t a subscriber). She makes some decent points, but also gets a few things very wrong, such as:

1. She insultingly dismisses “the handful of so-called PUMAs who spent this week jawing about how they were going to vote for John McCain.” I am not a PUMA, but I know a lot of them IRL, and not a single one is voting for McCain. Their point, as I understand it, is that though women are the mainstay of the Democratic Party, men continue to run the party, their governance is infused with misogyny, and improving this situation requires blunt force, which includes actively working against Obama’s election. Dismissing these women as few in number, stupid, and/or allied with Republicans is very foolish, in my opinion. SEE ALSO.

2. She describes Joe Biden as follows:

Biden is a strong candidate for Democratic women, with a good record of supporting reproductive rights and opposing antichoice nominees to the Supreme Court. Biden also wrote the groundbreaking Violence Against Women Act, and is great on the lunch-bucket economic issues so vital to so many American women.

It is true that Biden has been a whole lot better on reproductive rights issues than McCain has been, or than Palin would be if she was in position to vote on them. But it is also the case that Biden has always opposed public financing of abortion and late term abortion and in 2003, NARAL gave him a 36% voting record. He got a 75% rating in 2007, and has gotten a 100% rating some years, but it has dipped below 50% others. I would categorize this record as mediocre at best, rather than “good.” That he may be the best we can expect from the Democratic Party as currently configured may be part of what is driving the PUMA rebellion.

And Biden is far from “great” on “the lunch-bucket economic issues so vital to so many American women.” As my brilliant law school contracts professor Elizabeth Warren pointed out here, bankruptcy is a disaster for working class people, especially women. See also, see also. You can listen to Biden mocking Warren for this here. Warren explicates the link between health care and bankruptcy here.

3. Traister asserts “Palin’s spot on the ticket will also mean the diffusion of feminist energy.” No, it won’t. Feminists are perfectly capable of opposing the election of Palin, and opposing the sexism thrown at Palin, simultaneously. That’s certainly what I am going to be doing with my feminist energy. If the Supposedly Liberal Doods don’t like this bifurcated approach, all they have to do is stop with the sexism. It’s really pretty simple.

–Ann Bartow

ETA: I think Historiann nails it when she says:

Democrats have gotten really good at not taking their opponents seriously and acting superior to them.   Any fool could see how completely superior Michael Dukakis, Al Gore, and John Kerry were to their opponents!   But guess what we’re not so good at?   Winning presidential elections. Go ahead and have a laugh–you can cry in November when you realize that the voters never thought you were laughing about Sarah Palin–they think you’re laughing at them!

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