Next month, less than a year after he was censured by the Montana Supreme Court for comments he made while sentencing a man who raped a 14-year-old girl, retired District Judge G. Todd Baugh will receive a lifetime achievement award from the Yellowstone Area Bar Association.
Marian Bradley, president of the Montana chapter of the National Organization for Women, said there is “something absolutely wrong” with members of the local bar giving Baugh the award, according to a report in Last Best News.
“Do they not have respect for the women and children of this community?” she said. “This is outrageous.” . . .
Baugh was censured by the state high court in July 2014 for his comments during the 2013 sentencing of Stacey Dean Rambold, who was a 47-year-old business teacher at Billings Senior High School when he raped Cherice Moralez, a student of his, in 2007.
Just before her 17th birthday in 2010, while charges against Rambold were still pending, Moralez committed suicide.
Rambold later pleaded guilty in the case.
Baugh was vilified across the country after he sentenced Rambold to 15 years in prison with all but 31 days suspended.
During the sentencing, he said the 14-year-old victim was “older than her chronological age” and “as much in control of the situation” as her abuser.
After his remarks went viral and sparked public protests in Billings and other cities, Baugh apologized for his comments and acknowledged that his lenient sentence in the case violated state law.
He tried to modify the sentence retroactively, but the Montana Supreme Court ruled that he could not revise a sentence he’d already handed down.
After the Supreme Court overturned Baugh’s sentence, another district judge sentenced Rambold to 15 years in prison with five years suspended.
Judge who said 14 year old victim was partly responsible for her own rape to be given an award April 30, 2015
Notre Dame under Title IX investigation April 18, 2015
The title above is for an article about Delivering Equality: Women and Success, a summit-conference at Cambridge University. The opening sentences by the article’s author, Alice Atkinson-Bonasio, tell one why both it and the summit are important:
The theme of gender inequality seems to evoke a certain sense of resistance from both men and women, who argue against “radical feminism” and suggest that women nowadays are empowered to follow whatever career path they choose and succeed on their merits.
The battle, in other words, has been won.
Indeed, as a woman enjoying the successful pursuit of my career of choice, it felt strange to be in a room with some of the most outstanding female researchers in the world to discuss how difficult it still is for a woman to progress in her academic career compared to her male counterparts.
The article is full of ideas and information, and anyone engaged in the area will probably find some of the material very interesting.
I’m going to concentrate on two things: the list of some of the important questions the summit ended up posing, and some of the talks, slide presentations and links to material that are available at the site. The first seem to me at times quite clarifying questions, one which organize the issues in good ways. The second will be very useful for a number of reasons. Entries can help those who haven’t really studied issues like that of implicit bias thoroughly enough to be able to discuss it in challenging contexts. There are videos that are suitable for sharing at meetings and in classes. In fact, the presentations and links are numerous enough that I’ve picked just three. Do go and discover more for yourselves!
There are two contributions by Jennifer Saul, who is a prominent contributor on this blog. My links to her in this post reflect the fact that she is featured in the article.
Some of the many burning questions that emerged from those conversations were:
- How can we create environments that attract and develop talented women, as well as men, throughout all levels of our institutions?
- To what extent are we genuinely committed to becoming more inclusive?
- How can we define, measure and reward success more effectively?
- How can we reframe the debate away from “women’s issues” to talk about effective, modern workplaces?
- What policies, procedures, training, metrics and systems can we improve in order to accelerate progress?
- How can we encourage the emergence of more diverse, visible role models and senior leaders progressing change in academia?
Really interesting interview with Catharine MacKinnon here. I’ll only quote a few bits (I really am leaving out interesting things though, so do take a look yourself):
MacKinnon on who is a woman:
I always thought I don’t care how someone becomes a woman or a man; it does not matter to me. It is just part of their specificity, their uniqueness, like everyone else’s. Anybody who identifies as a woman, wants to be a woman, is going around being a woman, as far as I’m concerned, is a woman.
And on ‘bathroom panic’:
Many transwomen just go around being women, who knew, and suddenly, we are supposed to care that they are using the women’s bathroom. There they are in the next stall with the door shut, and we’re supposed to feel threatened. I don’t. I don’t care. By now, I aggressively don’t care.
On misrepresentations of her views:
Williams: I know that you were falsely accused of claiming that “all sex is rape” (along with similar variants). What do you think people misrepresent most about your theories and why?
MacKinnon: It having taken about 20 years of litigation to establish that that statement is libel, I learned that people — in this case, originally Rush Limbaugh and Playboy at almost exactly the same time — create defamatory lies so that audiences will not take seriously work that threatens them (their power, ie their sexuality). Because of my analysis of male dominant sexuality as a practice of sex inequality, especially as deployed in the multi-billion dollar industry of pornography, they saw me as the enemy and set out to destroy me by whatever means were at their disposal. Once the New York Times Book Review voluntarily published its longest correction in history in 2006, saying I not only never said this, and my work did not mean this, but I didn’t THINK this (!), it pretty much stopped. Many academics, however, who largely don’t read, I am sorry to say, have not kept up. As you recognize, this is only one such misrepresentation.
Via the facebook page for the Center for Values and Social Policy at the University of Colorado, a story from the Wall Street Journal:
French lawmakers have voted in favor of a measure that would ban excessively thin fashion models from the runway and potentially fine their employers in a move that prompted resistance in the modeling industry.
The country’s National Assembly on Friday approved an amendment that would forbid anyone under a certain level of body mass index, or BMI, from working as a runway model . . .
“The law is to protect models who are getting so thin that they’re in danger,” Mr. Véran said in an interview. “It’s also to protect adolescents. This image of so-called ideal beauty augments the risk of eating disorders.”
Doctors say a healthy BMI, which takes into account the weight and height of a person, is between 18.5 and 24.5. Mr. Véran didn’t suggest an appropriate BMI level for models, saying France’s workplace health authority should determine the number.
France’s move, which follows similar measures put in place in Italy and Spain, could ultimately force top haute couture brands to change the preferred profile of ultrathin models as a showcase for their latest clothes.
What do readers think? I haven’t thought much about this — but I do wonder if there would be a better measure than BMI to target the driving concern behind the proposed law.
Clarifying Indiana’s RFRA: No, It’s Not the Same as Others March 31, 2015
There have been some articles floating around about Indiana’s Religious Freedom Restoration Act that are highly misleading (as well as misleading comments on the matter from Governor Pence)—e.g., there’s an article in the Washington Post which points out that several other states have their own RFRA statutes, and there’s a federal RFRA as well. This is true, but it does not follow from the fact that two laws have the same name, or even that they share some language in common, that they are in fact similar. Indiana’s law is staggeringly different.
First, some background; In 1990, SCOTUS issued a landmark decision in Employment Division v. Smith, determining that the free-exercise provision of the first amendment does not provide religious exemption from laws of general applicability. Smith and Black were members of the Native American Church and had been fired from their jobs for having ingested peyote during a religious ceremony—they argued that they should be entitled to unemployment benefits as their having ingested peyote during a religious ceremony should be protected under the First Amendment, but the court determined it was not (effectively, nearly eliminating the Sherbert Test in the process). In 1993, Congress passed the Religious Freedom Restoration Act in order to reinstitute protections from religious discrimination which result from such (apparently) religiously-neutral laws (that is, prohibitions on drug-use may be religiously neutral, and yet have discriminatory differential effects nonetheless, as was apparent in Smith).
In 1997, SCOTUS decided City of Boerne v. Flores determining that Congress had exceeded its power in extending RFRA beyond the federal government to states, and so, many states began passing their own RFRA legislation in response to bridge that gap once more. Indiana’s law is the latest, but, again, that does not mean it’s the same as others by the same name. There are extremely important—and disconcerting— differences.
One significant difference is how the Indiana RFRA defines religious exercise. Section five reads, “As used in this chapter, ‘exercise of religion’ includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” This is in stark contrast to how religious exercise is understood under federal law, where the exercise in question must be the result of a belief which is religious in nature (general understood as part of comprehensive doctrine dealing with issues of ‘ultimate concern’ or something similar) and sincerely held. Though sincerity is (sometimes, but) rarely questioned in religious freedom claims (by the court or by other litigating parties), the more narrow understanding of religious exercise prevents abuse of the law and pre-textual claims to religious belief.
Another significant difference is that in Indiana, unlike e.g., Illinois, there are no protections from discrimination based on sexual orientation or gender identity under state law. Some individual cities in Indiana do have such protections by way of city ordinances, but state law pre-empts local law when the two conflict. Since the law has not gone into effect yet, and consequently has not yet been tested, it is unclear whether the state courts would determine that protection from discrimination on the basis of sexual orientation constitutes a “compelling interest” of the government (or, depending on the case, what the ‘least restrictive means’ of achieving it would be), but, the lack of protection in state law means at the very least that it will be unclear to those who would claim such discrimination is religious exercise whether or not the law allows it (and some folks have already interpreted it to mean that it does). Potentially, the lack of such protections — and Pence’s refusal to institute them — could mean that it will be more difficult to demonstrate that preventing discrimination on the basis of sexual orientation is a compelling state interest.
Further, Indiana’s RFRA explicitly extends the notion of personhood for the purposes of religious exercise very broadly—perhaps unsurprising in the wake of Burwell v. Hobby Lobby, but, still troubling, especially when we consider the context of its definition of ‘religious exercise’: “As used in this chapter, ‘person’ includes the following: (1) An individual. (2) An organization, a religious society, a church, a body of communicants, or a group organized and operated primarily for religious purposes. (3) A partnership, a limited liability company, a corporation, a company, a firm, a society, a joint-stock company, an unincorporated association, or another entity that: (A) may sue and be sued; and (B) exercises practices that are compelled or limited by a system of religious belief held by: (i) an individual; or (ii) the individuals; who have control and substantial ownership of the entity, regardless of whether the entity is organized and operated for profit or nonprofit purposes.”
There are other differences between Indiana’s recently passed RFRA and those that are in place elsewhere, but you get the point. This is not your ordinary RFRA, and the difference is dreadful.
UPDATE: I didn’t see this until after I hit post, but one Indiana lawmaker certainly appears to think that preventing discrimination on the basis on sexual orientation is not a compelling interest (but he also seems confused about the law in other ways).
CFP: Essays on Technology March 29, 2015
Contrivers’ Review Call for Essays on Technology
This year marks the 30th anniversary of Donna Haraway’s “A Manifesto for Cyborgs,” an essay that blurred the boundaries between the organic human being and the human being as a machine, a set of social practices, and cultural modes of communication and representation. Since then the postmodern turn represented in texts like Haraway’s “Manifesto” has been itself superceded. We see a resurgence of Enlightenment thought–and all the baggage it brings–in initiatives like the re:enlightenment project and The History Manifesto. However, we undoubtedly live in a world inundated with technology so that Haraway’s claim that “We are all chimera” remains accurate even if the ground of technology, politics, and gender have dramatically shifted since 1985.
As part of our long term investigation of technology and the humanities, politics, and arts, Contrivers’ Review invites submissions on any subject relating to gendered and LGBT cultures and their intersection with technology broadly defined. Some issues that might be covered include:
Social media, violence, and harassment
Gender, Feminism, and gaming culture
Discrimination in the Tech Industry/Silicon Valley/Gamer Culture
Feminist and Queer history/historiography of new media
Technologies of bodies
Gender, professionalism, and online identities
Feminist Digital Humanities
Contrivers’ Review is an intellectual journal not a scholarly, refereed publication. As such, we publish essays and reviews that bridge academic audiences and the wider public. Submissions and pitch letters should be addressed to a broad audience, not fellow specialists in the academy. Essays should be between 1,500 and 3,000 words. Please send us a query letter at email@example.com. For more information, please refer to our masthead.
NOTHING. Or rather, one person was allowed to retire early and the others got a lecture.
We wrote about the 300 girls in Oxford. There are a number of other cities where young girls and women were repeatedly trafficked and raped. A report on the first of these cases has been released. From the NYTimes:
LONDON — The recent revelations that teenage girls were systematically raped and trafficked by gangs of older men over long periods of time in several British cities prompted a host of inquiries into why the authorities had seemingly turned a blind eye for so long.
This week, a police report into the first such case to be successfully prosecuted concluded that there had been a forcewide failure to address sexual abuse in the northern city of Rochdale, but that no police officer would face serious discipline.
Chinese Feminists: don’t let them disappear! March 11, 2015
From the NYTimes
BEIJING — China detained at least 10 women’s rights activists over the weekend to forestall a nationwide campaign against sexual harassment on public transportation that was to overlap with International Women’s Day, according to human rights advocates and associates of those detained.
At least five of the detained were still being held on Sunday evening, while the others had been released after being interrogated. All were women.
There is a sign-up link below for feminists all over the world to use to support them and urge the government to release them as soon as possible.
Please sign up and circulate the link as much as you can. Our goal is to collect support from 1000 feminists’ support from 50 countries within a week.
Good for Duke and Project vox March 9, 2015
Project Vox seeks to recover the lost voices of women who have been ignored in standard narratives of the history of modern philosophy. We aim to change those narratives, thereby changing what students around the world learn about philosophy’s history.
H/T Charlotte Witt on Facebook.