Archive for the ‘lgbtqiq’ Category

From Page to Practice: Reclaiming the Entire Home After Lawrence v. Texas

Friday, February 5th, 2010

In Lawrence v. Texas [1] the United States Supreme Court not only struck down Texas’ sodomy law, but also provided a more expansive ruling, holding that immorality alone cannot serve as a justification to prohibit a certain practice. This case was considered one of the greatest victories in history for the LGBT community. However, some have argued that Lawrence, important as it is, offered only “domesticated liberty” for LGBTs in that its ruling did not extend beyond the private domain and gave no acceptance to the notion of a more substantial kind of sexual liberty that the queer community embraces.[2] Although I find merit in this critique, I believe that even the perceived domestic liberty provided by Lawrence did not truly offer enough of an opportunity for gays to freely practice a gay lifestyle in the home. In fact, it seems that Lawrence only offered gays freedom in the bedroom, but not in the rest of the home. The image of a gay family of any kind, with or without children, living freely and publicly was not part of the vision that Lawrence suggested. The majority opinion emphasized that its decision “does not involve whether the government must give formal recognition to any relationship that homosexual person seeks to enter.” Therefore, while Lawrence did provide for domestic liberty, the domestic liberty was intended to be confined to the bedroom exclusively. (more…)

From Page to Practice: Theorizing Lesbians and Abortion

Thursday, February 4th, 2010

 

For my comments on Panel One, Reproductive Justice: Expanding the Vision to “Collateral” Fields, I would like to “expand” by focusing more specifically on the interrelationships of lesbians and abortions.

 

Lesbians are by definition “reproductive outsiders,” as Jenni Millbank has rightly theorized.  This outsiderness, in theory and in practice, is most obvious in several categories:  as the protection of legal parenthood status from challenges by non-lesbians, including the state in its child protective powers;  as the conflict between lesbians who have legal parenthood status and lesbians who do not have legal parenthood status (often, although not always, following biological status); and as the legal ability to access “reproductive technology,” including very basic and rather non-technological technology such as insemination.

 

Thus there is an important argument to be made that lesbians and other sexual minorities do not inhabit a “collateral” field to be integrated into the house of reproductive rights.  Additionally, it is also true that reproductive rights have an essential place in the LGBT legal reform movements.   The symbiotic relationship between reproductive rights and sexual rights is not unproblematic, but it is an experience that is lived, litigated, and theorized.   The experience occurs across various societies and states, with diverse economic, racial, ethnic, and disability hierarchies.  

           

Here I’d like to highlight the specific relationship between lesbians and abortion. (more…)

From Page to Practice: Morality and the LGBT Rights Movement

Thursday, February 4th, 2010

 

There are at least three different questions we can ask about the role that morality can or should play in issues related to the contemporary LGBT rights movement: First, can the government legitimately account for questions of morality when it legislates in LGBT-related matters? Second, should the LGBT rights movement rely on moral arguments when it seeks reform through the political and legislative processes? And third, should the LGBT rights movement rely on moral arguments when it litigates?

 

The quick answer to the first question is “it depends.” The quick answers to the second and third questions are “yes” and “no” respectively. I elaborate briefly below on each of these.

 

The Supreme Court held in Bowers v. Hardwick that moral judgments, as codified into law, provided a sufficient basis upon which to withstand a due process challenge to a statute that prohibits a certain conduct or practice. This “morality is enough” holding was renounced by the Court in Lawrence v. Texas, at least when it comes to a conduct or practice that implicates a liberty interest (such as the choice of sexual partners).

 

It is clear, then, that moral judgments or reasons are not enough to justify the criminal sanction of consensual same-sex sexual conduct engaged in by adults. But what role can morality play in other types of LGBT-related legislation? Can morality, for example, constitute a sufficient basis upon which to justify the denial of marital or adoption rights to LGBT people? (more…)

‘Millennial’ Misunderstandings and the Multi-Generational, Multi-Issue Movement We Call Reproductive Justice

Wednesday, December 2nd, 2009


In her feature on the supposed generational divide in the pro-choice movement, which ran in Sunday’s New York Times, Sheryl Gay Stolberg correctly observes that abortion has hit the headlines recently in the context of health care reform and the horrendously restrictive Stupak amendment—and it’s not something reproductive rights advocates are happy about.  But there isn’t much else I can relate to in her assessment of the current landscape in reproductive rights advocacy and activism.  In fact, I think the story—which argues that there is a chasm between the “menopausal militia,” meaning the generation of feminists who came of age before Roe v. Wade and view abortion in “stark political terms,” and the “millennials,” the younger set for whom Stolberg suggests abortion is a personal issue—misses the mark in a sad but revealing way.

 

Relying on quotes from Naral Pro-Choice America president Nancy Keenan, Stolberg promotes this political/personal dichotomy without actually explaining how this supposed shift to the personal manifests itself—other than the fact that the post-Roe generations seem less responsive to single-issue pro-choice calls to action.  Provocative accompanying artwork, which consists of a black rectangle with brightly colored letters spelling “WE” floating above “ME,” implies that younger women are selfish in neglecting abortion politics.  Yet Stolberg acknowledges that “a clear majority of Americans support the right to abortion, and there’s little evidence of a difference between those over 30 and under 30.”  In fact, she herself points to several examples of young people organizing right now to stop the Stupak amendment (including LSRJ’s recent webinar on abortion and health care reform legislation).  So what’s the issue?

 

Democratic pollster Anna Greenberg concludes that young people don’t respond to email alerts about contacting their legislators because they know abortion is legal and believe “if you really need one you can probably figure out how to get one.”  Which means not only are we selfish, but we’re also foolishly complacent.  But what about the millions of poor women, immigrant women, and young women who can’t ever “figure out how to get one” because the barriers we’ve erected to accessing legal abortion are simply too high?  Such women may be forced to carry an unwanted pregnancy to term or to induce an abortion through other means, with serious consequences for the health and security of themselves and their families.  And what about those of us who aren’t poor, immigrant, or under 18 but believe deeply that how our society treats those women reflects on all of us, individually and collectively? (more…)

Hate Crimes are Finally Hate Crimes

Saturday, October 31st, 2009


In my undergraduate years I lived in Las Vegas, and I often guest spoke to classes and groups about transgender issues.  One of the things I would often discuss was hate crimes.  I had statistics on other affected groups, and the rate at which they were victims of hate crimes.  But the number of people who fell victim to hate crimes based on gender identity always surprised people, zero.  There was no such thing as a hate crime against someone for their gender identity. 

 

On Wednesday October 29, 2009 President Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.  After 10 years of disagreements over the bill, this new federal hate crimes act affords protections based on someone’s actual or perceived sexual orientation and/or gender identity. 

 

Over the last 10 years there have been various barriers to the final passage.  The bill made it through the House of Representatives in April.  However, to get it through the Senate, Democrats attached this bill to the 2010 National Defense Authorization Act, a $680 billion defense bill.  (http://www.washingtonpost.com/wp-dyn/content/article/2009/10/28/AR2009102804909.html) (more…)

ART, Expense, and Infant Health

Monday, October 12th, 2009


A recent NY Times pair of articles focuses on the human, medical, and social costs of implanting multiple embryos via IVF and IUI, resulting in a spike in both multiple births and a litany of health risks to these babies. The articles, and ensuing barrage of public comments, can be read here: “The Gift of Life, and Its Price,” “Grievous Choice on Risky Path to Parenthood.” In IUI, parents who conceive multiples also face the decision of whether to terminate some fetuses using the procedure termed “selective reduction”. IUI is much cheaper than IVF, and more readily covered by insurance, but the chance of success is lower and ability to control multiples non-existent.

 

The most startling assertion in the IVF article was an analysis by reproductive health experts and providers explaining the financial and business motivations on providers to disregard medical guidelines by implanting more embryos than may be safe for mom or her babies. Fertility practices want to boost their success rates and attract clientele in a highly competitive and lucrative medical field, and parents apparently think that implanting more, or rejecting selective reduction in IUI, will secure greater chances of a viable pregnancy and satisfy their emotional or religious needs to a degree that makes the risks worth taking. If the underlying reason for the increase in multiple implantations and subsequent births is really a symptom of our profit-based medical system, some suggest we utilize insurance schemes as a way to address this issue. If insurance companies are required to cover IVF, whereas many now only cover IUI, they could regulate the financial incentives by only reimbursing doctors for single implantations. (more…)

The “ENDA” Discrimination?

Wednesday, August 5th, 2009


The beginning of my second year of law school also marks the beginning of my search for a job for the summer after my second year of law school. Because of the uncertainty of the economy, job searching isn’t exactly the happiest prospect. But, in some respects, I am very fortunate – if I manage to find a job I am protected from employment discrimination based on my gender.

 

Members of the LGBT community aren’t so lucky. Did you know that in 29 states it is still legal to fire someone based on his or her sexual orientation, and in 38 states, it is still legal to fire someone for being transgender? As an RJ advocate and as a human being, I find that appalling.

 

That’s why I support the federal Employment Non-Discrimination Act. Passing ENDA would be a huge step toward providing equal protection to all American citizens – a core guarantee of the Constitution. It would also ensure that, in this uncertain economic climate, American’s wouldn’t have to worry about losing their jobs just because of who they are.

 

-Megan Mullett

What are we proud of?

Friday, July 17th, 2009


Last week, like many San Franciscans, I got geared up for a weekend full of LGBT Pride activities, culminating in a Sunday festival in the streets of San Francisco. 

 

The week before Pride I spent the weekend in New York, and made a point of visiting the Stonewall Inn, the site of the start of the famous Stonewall Rebellion 40 years ago.  In the 1960’s in New York, most gay bars were unable to obtain a valid liquor license, as licenses could be denied to establishments that would allow immoral behavior (such as homosexuality).  Gay men and lesbians would have to approach a peep hole, and the bouncer would have to decide based on their appearance whether they were gay and allowed in; of course they would also have to appear straight enough to avoid harassment on the way to the bar.  Raids were a regular part of patronizing a gay bar, and arrests were more likely if you were dressed in drag (guy or girl drag).  On July 28, 1969 Stonewall Inn was raided, and someone hit back, starting an incredible rebellion against the police who had for so long been oppressing queer folks.  A year after the Stonewall Rebellion, New York and Los Angeles held the first ever gay pride parades. 

 

Stonewall Inn is currently adorned in old photos of champions of the early gay rights movement.  It was the first time in my life that visiting a bar gave me goose bumps, and recounting the experience makes me want to cry.  It is a truly incredible experience to be in a place that you know began the movement for rights that you now enjoy. It was moving to know that without those who fought before us in this very bar, my whole life would be different. 

  (more…)

A moment of silence

Friday, November 21st, 2008

Today, November 20, is Transgender Day of Remembrance. This day was set aside to honor and memorialize victims of transphobic violence in 1998.

Just last week saw the murders of two black transwomen, Duana Johnson and Lateisha Green. There has been little media coverage of these killings, and what coverage there is frequently fails to respect the victims’ identity.

Read a memorial poem dedicated to Duanna here.

Read the names of this year’s dead here.

Queen Emily says:

Few will respect our lives as they were, and few will mourn them, and they must be mourned. Their lives were meaningful, their names and genders were real and important, and they lost their lives from hate…

And yes, today we remember those of us still living–our fear, the fear that lives at the heart of every trans person, that someone will know that we are trans, and will kill us for it. Today we remember all the other times we murmured “oh fuck” as we read the news. Today we discover the deaths we missed, because we couldn’t bear hearing about them anymore for awhile, even though we must. We must.

Coalitions are not safe spaces

Tuesday, November 18th, 2008

I’ve been thinking a lot about coalitions lately. Coalitions and communities, about how those two concepts overlap and how they are very different creatures with very different functions, and different needs.

Some of these musings were sparked by a conversation with a friend of mine, who mentioned how he had spoken up in an LGBTQIQ support group about his experience as a transgender person and gotten nothing but an an awkward silence back from the other members. This led to a discussion of the limitations of the LGBTQIQ (etc) umbrella, and how the word “community,” so commonly applied to the LGBTQIQ movement, is often a misnomer. The issues faced by lesbian and gay people are not the same as issues faced by bisexual people are very much not the same as issues faced by transpeople are not identical to issues faced by intersex people. The issues faced by queer people of color are not the same as those faced by queer White people. The issues preoccupying affluent and middle class queer folks may be completely irrelevant to queer people living in poverty. And all too often the umbrella doesn’t cover everyone the way it’s supposed to or assumed to.

It seems to me that this problem arises when people within the so-called community assume that because it is a “community,” everyone encompassed by it does have the same needs, the same interests, and the same or similar experiences. It’s that mindset–an expectation of automatic clarity and easy understanding, an inability to engage with difference–that my friend met in what was supposed to be a safe space. In fact, the LGBTQIQ movement is much more like a coalition than a community, an alliance of groups with vastly different–and sometimes conflicting–interests, concerns, and unifying experiences. And coalitions are not–cannot be, should not be–safe spaces. Effective coalitions require us to step outside our comfort zones, to work through and with differences of opinion, to expect that understanding won’t always or often be intuitive or simple.

The other thing which has me thinking about coalitions is the passage of Proposition 8 in California, which–as Amanda pointed out in her last post–is most certainly a reproductive justice issue. I believed, and still believe, that it was time for marriage discrimination to be ended in my state. The initiative passed by only a few percentage points–and is a hallmark of coalition failure, a failure of coalition-building.

(more…)