Feminist Philosophers

News feminist philosophers can use

Suit filed to stop Campus SaVE Act March 3, 2014

Filed under: law,rape,sexual assault — Heidi Howkins Lockwood @ 5:25 am

According to a March 2 press release, a University of Virginia rape victim has filed a landmark civil rights action in an effort to halt the Campus SaVE Act – a new U.S. federal law which is scheduled to take effect this week, on March 7.

The suit alleges that SaVE undermines women’s civil rights in various ways, including that it permits colleges and universities to mandate that victims prove their credibility under an exceedingly rigorous “beyond a reasonable doubt” standard. In contrast, the April 2011 Dear Colleague Letter issued by the Department of Education as a clarification/guidance for Title IX requires only that victims meet a much lower “preponderance of the evidence” standard.

Under SaVE, the higher burden of proof will only be allowed in cases involving violence against women, and will not be applied to cases involving violence against students based on other protected class categories such as race, disabilities and ethnicity. The victim alleges in her suit that it is unconstitutional to subject violence against women to weaker legal standards compared to violence based on these other categories.

Another objectionable provision in SaVE requires schools to apply state criminal law standards to violence against women cases on campus. Current law requires schools to apply more generous federal civil rights standards so that, for example, a sexual assault is proved as long as the conduct was “unwelcome.” Under SaVE, “unwelcomeness” will not be enough. The victim will have to prove that the conduct violated state criminal law, which in most states means the victim will have to prove both non-consent and that the assault involved the use of force.

Because the more generous standard of “unwelcomeness” will continue to apply to cases involving violence that occurs on the basis of race, disabilities and ethnicity, the victim alleges SaVE violates women’s equal protection and due process rights.

UVA is under investigation by the Department of Education (DOE) and the Department of Health and Human Services (DHHS) for allegedly mishandling a sexual assault case on campus where a female student was drugged and raped by a male student. Allegations include that a UVA nurse falsified medical records and reported there were no injuries consistent with sexual assault despite multiple findings of significant injuries; and that UVA lost or destroyed photographs of the victim’s injuries.

According to the press release, UVA has not expelled a single student charged with sexual assault in more than 10 years. In the case currently under federal investigation, UVA’s own Sexual Misconduct Board ruled that the victim was “compelling” and “credible,” yet the Board cleared the accused of all charges, ruling the evidence was insufficient. UVA later granted the accused a teaching assistant position on campus.

Many advocacy groups have expressed support for the funding provisions in SaVE that will go toward anti-violence training and education programs. Those provisions are not being challenged in the lawsuit.

 

What’s wrong with ‘stand your ground’ laws? February 28, 2014

Filed under: law,politics,race,violence — philodaria @ 9:27 pm

For one, “White-on-black homicides are 354 percent more likely to be ruled justified than white-on-white.”

ThinkProgress has some other disturbing facts, here.

 

What’s the state of your state? January 25, 2014

Readers: Does your state/city/municipality have non-discrimination protections for the LGBTQ communities? Is there relevant legislation in place or pending that you know of? Post here on the state of the laws in your place of residence with regard to LBGTQ equality for the sake of our readers on the market, and save some already exhausted candidates some time.

 

Obama launches White House initiative focused on college sexual assault January 23, 2014

Filed under: academia,education,law,politics,sexual assault,sexual harassment,violence — philodaria @ 2:36 am

Obama gave his task force 90 days to recommend best practices for colleges to prevent or respond to assaults, and to check that they are complying with existing legal obligations. The task force — which includes the attorney general and the secretaries of the Education, Health and Human Services and Interior Departments — was also asked for proposals to raise awareness of colleges’ records regarding assaults and officials’ responses, and to see that federal agencies get involved when officials do not confront problems on their campuses.

Read more about it here.

 

Gender-neutral language debated in the House of Lords January 15, 2014

Filed under: language,law — Heg @ 12:32 pm

There was an interesting and well-informed debate in the House of Lords in December 2013 on gender-neutral language in legislation.  One illustrative highlight:

In my view, it was perfectly reasonable for Jack Straw in 2007 to call for an end to any such male stereotyping in our use of English, specifically rejecting the Interpretation Act 1978 and its reiteration of the convention that masculine pronouns are deemed to include feminine reference. If it ever worked, that convention no longer does, and there have been convincing psycholinguistic experiments showing that sentences such as “Anyone parking his car here will be prosecuted” predominantly call up images of a man doing the illicit parking.

To return to the policing Bill, we find that most amendments are thoroughly sensitive in this respect, with anaphoric reference employing “he or she” or repetition—“a person … that person”. But among the minority using the traditional “he”, there are striking cases, especially in Amendments 93 to 95, where the singular masculine pronoun is used no fewer than 18 times. In all of them, the antecedent of “he” is surely a tell-tale phrase: “the judge”. Since we do indeed have a judiciary that is largely manned by men, it is hard to believe that the use of “he” in these amendments really means “he or she” rather than endorsing one particular male stereotype as a fact of life.

(The speaker here is Lord Quirk, who founded the Survey of English Usage in 1959. I really don’t like the fact that we have an unelected upper house in the UK, but the fact we get contributions like this gives me pause.)

 

Is the US a racial democracy? January 13, 2014

Filed under: bias,discrimination,human rights,law,police,politics,social justice — philodaria @ 3:25 am

Jason Stanley and Vesla Weaver have a piece up on The Stone–very well worth a full read– arguing that the United States is a racial democracy, i.e., a democracy “that unfairly applies the laws governing the removal of liberty primarily to citizens of one race, thereby singling out its members as especially unworthy of liberty, the coin of human dignity.” Here, I except:

As one of us has helped document in a forthcoming book, punishment and surveillance by itself causes people to withdraw from political participation — acts of engagement like voting or political activism. In fact, the effect on political participation of having been in jail or prison dwarfs other known factors affecting political participation, such as the impact of having a college-educated parent, being in the military or being in poverty . . .

Evidence suggests that minorities experience contact with the police at rates that far outstrip their share of crime. One study found that the probability that a black male 18 or 19 years of age will be stopped by police in New York City at least once during 2006 is 92 percent. The probability for a Latino male of the same age group is 50 percent. For a young white man, it is 20 percent. In 90 percent of the stops of young minorities in 2011, there wasn’t evidence ofwrongdoing, and no arrest or citation occurred. In over half of the stops of minorities, the reason given for the stop was that the person made “furtive movements.” In 60 percent of the stops, an additional reason listed for the stop was that the person was in a “high crime area.”

Blacks are not necessarily having these encounters at greater rates than their white counterparts because they are more criminal. National surveys show that, with the exception of crack cocaine, blacks consistently report using drugs at lower levels than whites. Some studies also suggest that blacks are engaged in drug trafficking at lower levels. Yet once we account for their share of the population, blacks are 10 times as likely to spend time in prison for offenses related to drugs.

The full article is here. 

 

Notre Dame refiles its HHS lawsuit December 4, 2013

Filed under: discrimination,gender inequality,health,law,religion — philodaria @ 3:57 pm

The University of Notre Dame announced yesterday that it would be refiling its lawsuit against the HHS mandate (dismissed last spring) regarding contraceptive health care coverage. University president, Rev. John Jenkins wrote:

The government’s accommodations would require us to forfeit our rights, to facilitate and become entangled in a program inconsistent with Catholic teaching and to create the impression that the university cooperates with and condones activities incompatible with its mission. . . The U.S. government mandate, therefore, requires Notre Dame to do precisely what its sincerely held religious beliefs prohibit — pay for, facilitate access to, and/or become entangled in the provision of objectionable products and services or else incur crippling sanctions.

How sincere those religious beliefs are remains to be seen.

 

 

Corvino Responds To Providence College September 25, 2013

Filed under: academia,family,law,marriage,religion,sexual orientation,silencing — philodaria @ 2:27 am

Regarding the administration cancelling his lecture on the topic of same-sex marriage. 

 

August 5, 2013

Filed under: discrimination,law,women in academia — Jender @ 4:34 pm

Heidi Howkins Lockwood has provided fantastically useful information about university legal obligation regarding sex discrimination and retaliation. Check it out here.

 

What do you need to disclose for meaningful consent? July 17, 2013

Filed under: discrimination,gender,glbt,law,trans issues — philodaria @ 1:00 pm

In the UK, you can legally conceal your marital status, wealth, HIV status, and age, but apparently not the gender you were assigned at birth.

The young relationship started as so many do these days — online. Thirteen-year-old “Scott” and 12-year-old “M” developed a friendship that over the course of three years and many instant message conversations, bloomed into romance. M began calling Scott her boyfriend — they even talked about getting married and having kids. After M’s 16th birthday, Scott, then 17, traveled from his home in Scotland to visit her in England. They watched a movie, kissed and, before long, things went further.

It may sound like a sweet story of teenage love — but Scott was sentenced by a court in England to three years in prison and ordered to register as a sex offender for life as a result of the relationship. That’s because Scott was born Justine McNally and assigned at birth as female. In an appeal of McNally’s sentence, which was made public late last week, a U.K. court reduced McNally’s sentence but affirmed that the 18-year-old had violated M’s sexual consent by presenting as male. It was deemed a “deception” and “abuse of trust.”

I have no idea how this kind of affront to the rights of trans* people is legal. Read the rest of the story here.

 

 
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