Hobby Lobby Hypocrisy?

from Mother Jones:
http://www.motherjones.com/politics/2014/04/hobby-lobby-retirement-plan-invested-emergency-contraception-and-abortion-drug-makers

 

When Obamacare compelled businesses to include emergency contraception in employee health care plans, Hobby Lobby, a national chain of craft stores, fought the law all the way to the Supreme Court. The Affordable Care Act’s contraception mandate, the company’s owners argued, forced them to violate their religious beliefs. But while it was suing the government, Hobby Lobby spent millions of dollars on an employee retirement plan that invested in the manufacturers of the same contraceptive products the firm’s owners cite in their lawsuit.

Documents filed with the Department of Labor and dated December 2012—three months after the company’s owners filed their lawsuit—show that the Hobby Lobby 401(k) employee retirement plan held more than $73 million in mutual funds with investments in companies that produce emergency contraceptive pills, intrauterine devices, and drugs commonly used in abortions. Hobby Lobby makes large matching contributions to this company-sponsored 401(k).

Several of the mutual funds in Hobby Lobby’s retirement plan have stock holdings in companies that manufacture the specific drugs and devices that the Green family, which owns Hobby Lobby, is fighting to keep out of Hobby Lobby’s health care policies: the emergency contraceptive pills Plan B and Ella, and copper and hormonal intrauterine devices.

Walking while black

A new video shows Dr. Ersula Ore, a professor at Arizona State University, body slammed by a police officer after being stopped for jaywalking near campus. But it’s Ore who is facing charges for resisting arrest, assaulting a police officer, and other crimes.

(Thanks, T!)

Full story here.

UPDATE: Last night, I went bed in the UK with one problematic comment on this post, which I had decided to ignore. This blog is and should be a space where we can take for granted the background into which this incident fits, which renders it clearly about race. People can go elsewhere to have lively debates on this topic. I had decided not to respond because I didn’t want to make this a topic of discussion, and not to delete because I– with some trepidation– decided that ignoring was a better policy. That was clearly a mistake. I have now deleted quite a lot of the comments, including those about our moderation policies, which are simply off-topic. Comments are now closed.

Here, however, is some legal commentary by Daniel Manne:

The officer in this instance initially stopped Professor Ore for crossing the street at a non-designated location. Arizona Revised Statutes, Chapter 28, § 793 states pedestrians are permitted to cross the street outside of designated crosswalks so long as they yield to vehicles. When there are adjacent intersections with crosswalks, however, pedestrians must use them. A person who does not use a crosswalk between adjacent intersections is potentially subject to a civil penalty, i.e.: they can be fined. If Professor Ore was crossing in violation of Chapter 28, § 793, i.e., between adjacent intersections, the officer was within his rights to detain her and demand ID. The reason why an officer may demand identification in this instance is so that he may make out a ticket. If Professor Ore was crossing the street in a manner that did not violate any civil statutes, the officer was within his rights to question her and request ID, but Professor Ore was under no obligation to provide it or to cooperate in any way. If Professor Ore tried or asked to leave, i.e., to exit the conversation, the officer should have informed her of her right to do so. If she was not permitted to exercise this right, this would constitute a seizing of her person which is illegal absent probable cause of a criminal act. No criminal act is even alleged to have taken place at this point.

Under Arizona’s SB1070, police officers are required to demand ID from people who they have reason to suspect of being in the country illegally. So far, neither the officer nor the police department has alleged that the officer had reasonable suspicion that Professor Ore was an undocumented alien. In point of fact, she is a United States citizen.

Police are permitted to use reasonable force to subdue suspects, but Professor Ore had not yet committed any crime and is not even accused of have done so. Often police will argue that the suspect was resisting arrest, allowing them to use force. But that argument cannot succeed here because the police had not and could not legally have arrested Professor Ore at this point in the incident. The police could also argue that the officer was defending himself, but this isn’t credible on its face. Professor Ore was verbally confrontational, but she took no aggressive action, did not threaten force, and did not make any movements that could reasonably have been misinterpreted as threatening.

The police officer in question nevertheless tackled Professor Ore, forcing her down to the ground. She reports that her dress flew up, exposing her body, and that the officer touched her exposed body. Professor Ore is charged with aggravated assault of a police officer for the actions she took after she was assaulted – namely, kicking him. In virtue of being tackled, this was a clear instance of self-defense. The actions of the police officer were unlawful, and thus Professor Ore was within her rights to use reasonable force to defend herself.

Legally speaking, this isn’t a tough case. In the US, police officers are given a tremendous amount of latitude in the use of force, based on the premises that their job is dangerous and that they need to be able to defend themselves without having to think through all of the legal details first. Here, though, the officer was not in danger and could not reasonably argue that his use of force was defensive. The charges against Professor Ore are legally without merit and the actions taken by the police officer constitute abuse of power and criminal assault.

Some Bentham for Your Pride Weekend!

Jeremy Bentham’s writings on sexual freedom are finally beginning to be published.

The main impetus for Bentham’s obsession with sexual freedom was his society’s harsh persecution of homosexual men. Since about 1700, the increasing permissiveness towards what was seen as “natural” sex had led to a sharpened abhorrence across the western world of supposedly “unnatural” acts. Throughout Bentham’s lifetime, homosexuals were regularly executed in England, or had their lives ruined by the pillory, exile or public disgrace. He was appalled at this horrible prejudice. Sodomy, he argued, was not just harmless but evidently pleasurable to its participants. The mere fact that the custom was abhorrent to the majority of the community no more justified the persecution of sodomites than it did the killing of Jews, heretics, smokers, or people who ate oysters – “to destroy a man there should certainly be some better reason than mere dislike to his Taste, let that dislike be ever so strong”.

For more, go here.

Thanks, Mr Jender!

A lack of respect for women

We just recently published an anonymous letter to the profession (Part I and Part II) about the problem of sexual harassment in philosophy. Why does this problem exist? Why isn’t it going away?

I think the letter gives us some indications about one factor that holds the behavior in place, and indeed may even in effect spread it. A foundational problem, one can see from the letter, is a pervasive lack of respect for women.

This lack of respect shows up in the 34 responses the writer gets when attempting to talk about the problem. No where do we see “O my god, that’s awful. What can we do about it?”

I think the lack of respect can show up even more chillingly in the treatment that women as outsiders can receive. And here I certainly do not mean to suggest that only men can do this. Women can also inflict the damage described in this passage:

Bias thrives in unstructured environments, where objective excuses for hostility are available, and where stakes tend towards doling out in-group rewards rather than punishing out-group exclusion. When professional rewards are discretionary, distinction between in- and out-group membership is heightened, the perceived flaws or weaknesses of out-group members are exaggerated, members are blamed more harshly, weaknesses are attributed to the person (“she’s not very smart,” “she’s crazy,”…) not the circumstances, excuses are less available, and punishment is swifter and more severe. Withholding professional respect, excluding women from philosophical conversations, refusal to acknowledge their contributions or minimizing their significance in favor of those of male colleagues, are all examples of discretionary rewards that even the best-intentioned philosophers are prone to deny women in informal settings. The presence of a male philosopher displaying overt hostility or aggression towards a female philosopher licenses further in-group hostility towards her, and where an objective rationalization is available for explaining this behavior (he has an objection to her argument, say, or she behaved somewhat inappropriately, etc.), it is often taken to justify this response. Women philosophers thus also suffer judgments that are harsher than their male colleagues’, more hostile, quicker and crueler dismissals of their views, and these judgments are multiply-reinforced by even their well-intentioned peers (my stress).

One particularly awful fact is that once one is positioned as an offending outsider, the complete lack of respect may be communicated to younger scholars. “O, she is just awful,” even if, for example, she has been chosen by peers for leadership positions, is generally described as at or near the top of the profession, and so on. The lesson here is: No matter what sort of reputation she manages to get, she does not deserve the sort of respect we give our male colleagues because she is a feminist, or she behaved in appropriately, etc. Junior scholars may not need to learn this behavior by example; they may be instructed in it. And so it goes on and on.

One problem for women who get this sort of treatment is that Equal Opportunity people may not see that it is gendered and so an offense against Titles VII or IX. “The department has a lot of jerks, but being a jerk is not illegal,” they may say. However, being a sexist jerk who is creating a hostile environment for a woman is. So it is well to go to any meeting to complain with a list of the kind of gendered cliches that show up in denegrations of women. Here’s the start of one and a few references.

So, supposing I’m right about the problem, what do we do? Suggestions, biblios, etc., are very welcome.

CFP: Legal Philosophy

​The UCLA Law and Philosophy program, in cooperation with the University of Antwerp’s Centre for Law and Cosmopolitan Values, is holding a conference on legal philosophy, broadly construed. The conference welcomes submissions that address this subject area from a feminist perspective.

The conference will take place on Oct. 10 and 11, 2014 at the UCLA law school and the deadline for submissions is August 15, 2015. Details about the conference and the call for papers can be found at http://philevents.org/event/show/14804.

Please feel free to contact uclalawandphilosophyconference@gmail.com with any questions.

Who’s fed up? Part II

Below you’ll find Part II of a letter FP was invited to post. There are several elements in this post that are worth explicitly distinguishing:
(1) Sexual harassment, which we can understand to include drawing particularly attention to a women’s gender.
(2) Demeaning one or more female colleagues and creating a hostile environment for her/them.
(3) The author’s tendency to link (1) and (2) to things like bruised masculinity and “personal or professional frustrations.”

I think that (2) and its link to (1) and (3) form a very important topic. As one Affirmative Action officer put it to me, “there’s no law against being a jerk.” That can make it seem as though women, despite their being a protected class, have no legal recourse when they are demeaned and their reputations are assaulted. However, I’ve argued in much earlier posts that we can discern elements of the demeaning which are gendered. I’ll shortly repeat some of those points and open the discussion to our readers. The current post, however, is closed to comments.

I’m repeating the last para of the previous post, since it provides a context for what follows it.
_____________________

Complaints of harassment are complaints of lack of professionalism in ways that hinder women’s professional advancement in philosophy. They include complaints that men are sexually predatory, aggressive, hostile, that they abuse their position, that they alternately prey on women sexually or spurn them for perceived rejection, that they systematically exclude women from philosophical conversations, downgrade their contributions, ignore them or respond to them with overly hostile reactions. Men in the field often take out their personal and professional frustrations on their female colleagues with sexual aggression. They do so overtly, by making overt sexual advances towards women that bear no relation to meaningful attempts to enter into a mutually respectful and caring relationship, and have everything to do with reasserting their feelings of power and control in personal and professional contexts. Or they might do so less overtly, with ad hominemm attacks on women’s femininity or sexuality and attractiveness, or their quality as a philosopher, made either directly or behind women’s backs to other members of the profession. These are also ways of reasserting their power and bruised masculinity and enlisting other members of the profession in their diminishment of their female colleagues.

Junior and senior philosophers alike are guilty of these behaviors. Offenders are your friends, colleagues, co-authors, co-organizers, esteemed rivals, and mentors. They are also husbands, fathers, and boyfriends. You might even have unwittingly crossed the line on occasion as well.

An exalted atmosphere of collegiality and sociability exacerbates these problems, and provides cover for these attacks on women. The informality and sexual permissiveness that pervades many professional philosophical environments (conferences, graduate departments, and so on) masks aggression and abuse, making them seem like gossip or harmless flirtation. Well-intentioned colleagues can unknowingly contribute to a climate of abuse by participating in and encouraging this fraternal banter, out of a misguided sense of friendship, loyalty in rebuilding bruised egos, or simply attempts to curry favor, gain inclusion, or seek professional advancement by more powerful members of the profession.

Make no mistake about the seriousness of the abuse and the depth of the damage that this kind of behavior wreaks, however. Bias thrives in unstructured environments, where objective excuses for hostility are available, and where stakes tend towards doling out in-group rewards rather than punishing out-group exclusion. When professional rewards are discretionary, distinction between in- and out-group membership is heightened, the perceived flaws or weaknesses of out-group members are exaggerated, members are blamed more harshly, weaknesses are attributed to the person (“she’s not very smart,” “she’s crazy,”…) not the circumstances, excuses are less available, and punishment is swifter and more severe. Withholding professional respect, excluding women from philosophical conversations, refusal to acknowledge their contributions or minimizing their significance in favor of those of male colleagues, are all examples of discretionary rewards that even the best-intentioned philosophers are prone to deny women in informal settings. The presence of a male philosopher displaying overt hostility or aggression towards a female philosopher licenses further in-group hostility towards her, and where an objective rationalization is available for explaining this behavior (he has an objection to her argument, say, or she behaved somewhat inappropriately, etc.), it is often taken to justify this response. Women philosophers thus also suffer judgments that are harsher than their male colleagues’, more hostile, quicker and crueler dismissals of their views, and these judgments are multiply-reinforced by even their well-intentioned peers.

Countering complaints about sexual harassment by pointing to the hazards of dating life and noting women’s consent to affairs ignores the nature of the wrong being committed and diminishes the seriousness of the complaint. Sexual harassment isn’t sexual assault. Consent is irrelevant. The concern lies with a vitriolic professional atmosphere which allows virtually untrammeled sexual access to women, including the diminishment of their professional status, under the guise of “dating,” and in which women bear virtually 100% of the professional costs of relationships gone wrong. Pointing out the adulthood of the complainants and alluding to the fact that some relationships succeed is belittling, beside the point, and, frankly, a bullying tactic aimed at embarrassing women complaining of the over-sexualization of the profession into silence. It is no part of a meaningful conversation about the climate in philosophy.

What’s a well-intentioned single guy to do when he meets a likeminded female philosopher with similar interests and with whom he makes a “connection?” Hold back. This isn’t OKCupid. A thoughtful philosophical conversation is not flirtation, however titillating it might be, and following it up at the bar or wherever the rest of the professionals go after the formal encounter has ended is not an invitation for sex. Imagine this woman was your advisor/letter writer/dean, and then ask whether your interest is strong enough to risk the professional relationship.

I don’t know how to rid philosophy of sexual harassment or what an ideal outcome would look like, but I am certain that no progress can be made without genuine and sincere attempt to come to terms with the full breadth of the problem, and a meaningful way of holding wrongdoers accountable for their actions. Women are failing by virtually every measure of success in philosophy. Responses like those listed are defensive and deflecting, and serve more to silence conversation and stifle understanding, than they are attempts to make meaningful progress on an important and pressing issue.

I am writing anonymously because of the overwhelming risk of professional retaliation. I hate doing this. The indignity of not being able to defend myself in my own name is outweighed only by my frustration with these “conversations” that I have to keep having.

Fed Up

Feminist Philosophy of Science at Ghent.

Ghent 24-25 November, 2014

The Department of Philosophy & Moral Sciences of Ghent University welcomes abstracts for an international workshop on Feminist Philosophy of Science.

Invited keynote speaker is Stéphanie Ruphy (Université Pierre Mendès Greboble, France).

We welcome paper proposals on a variety of topics related to the conference theme, including (but not limited to) contributions to:

  • feminist philosophy of science
  • feminist science(s)
  • the role of science(s) in feminism(s)
  • the status of feminist philosophy of science in philosophy (of science)
  • the history of feminist philosophy of science
  • etc

Please send abstracts (max. 500 words) prepared for anonymous review to Eric Schliesser  by July 1, 2014.  Please include identifying information in separate page or accompanying email.

See here for more details.