Alabama Overreaches in Law to Control Pregnant Persons

pregnant-person-trystan — Photo from blog https://www.biffandi.com/

About 4 years ago, I wrote a piece on abortion in which I asked a lot of questions and waffled even more. I hadn’t thought about it much since then until this week. I didn’t discuss personhood, pregnant persons (more on this below), etc.

A Dumb New Law in Alabama

May 15 ended a series of debates within the Alabama state congress over abortion. The Alabama House passed the measure 74-3 in April and the Alabama Senate passed it 25-6 on May 14. Governor Kay Ivey signed it into law May 15. There are no exemptions for rape or incest. It outlaws abortifacients. It condemns doctors who perform abortions to up to 99 years in prison, but doesn’t hold the woman criminally liable (which is interesting, for one would think the woman would at least get some kind of accessory or conspiracy to murder charge if the fetus is a person with rights). Not widely reported on, it also defines a woman as a female regardless of whether she has “reached the age of majority.” Also, while she can’t have an abortion, a woman can have one if her life is in danger from suicidal intent. Read the rest of the shitty bill here. (A friend of mine pointed out that this language is woman-centered, erasing trans men who are pregnant; hereafter, I will refer to people who are pregnant as “pregnant persons”).

This condemns pregnant persons to a particular ideological destiny, one that only gains traction from a theological backdrop. One lamb senator said, “When God creates the miracle of life inside a woman’s womb…it is not our place as human beings to extinguish that life.” He slept through class when they discussed the establishment clause.

That Sticky Issue of Personhood/Subjectivity

The spectrum of human life begins when distinct DNA originates from the fusion of 23 chromosomes from two donors. Thus begins the stages of human development. However, the human zygote is not yet a person. Personhood cannot possibly enter the discussion until a fetus has exited a uterus. Pregnant persons are already persons. They have experienced heartache, hope, happiness, hostility. They exist in social relations. Perhaps they have jobs unless, of course, they’re little girls who’ve been raped and are forced by this terrible law to bear their rapist’s child. Their destiny outweighs the decision making power of the fetus.

Fetuses do not have volition. I’m not arguing whether a fetus is a life. I actually agree with pro-birthers that the fetus is a life on the human spectrum. However, it’s like asking which life is more valuable in war, the general or the private. The general, with more experience, training, information, and networking is far more valuable since they make far-reaching decisions; privates follow orders. This analogy breaks down because both generals and privates are persons; fetuses simply aren’t.

What this comes down to is limiting the parameters, destiny, volition, autonomy, body-sovereignty, privacy of pregnant persons to childbearing. For trans men or those who are non-binary, it forces them into the gender binary they no longer live.

Pro-birthers Don’t Do Much with the After-birth

Pro-birth proponents traditionally don’t support much after-birth help, at least through the government. They typically want no help from the government to go to the mother or newborn, or notice that many children grow up without co-parents, or don’t acknowledge the brokenness of the foster system, or redo adoption pricing and policy. There’s only the thought of getting that baby delivered and then the good lord taking care of the rest. What irresponsibility and negligence. This is pure blindness to the poverty and pain in the world caused by policies like this.

Pro-birth, not Pro-life

It is this irresponsibility regarding life that irks me so much. Conservatives are all about death penalties, peace-time aggression, forever wars, depleting the welfare state/social democracy, denouncing marriage equality (though admittedly, this last one is more from older folks). They want families, not the government, caring for children. They want personal responsibility. I get that. But at what cost? According to what definition?

Conservatives define personal responsibility in this case as reducing pregnant persons to baby-making machines. This framing, though, actually takes responsibility away from the pregnant person and puts it in the hands of the government. This is the literal maintenance and perpetuation of patriarchy, via government. If you want patriarchal relationships in a religious context, go ahead. We have a constitutional right for that. But don’t force that on the goddamned secular republic.

Conservatives desire the fetus to have a chance to live. That’s not necessarily a bad thing to wish if it didn’t also involve requiring pregnant persons to make this chance a reality, to delay the lives of a person in order to actualize the merely potential person, to demand the physical/emotional turmoil of pregnancy, birth, and postpartum separation if they choose not to raise the child.

Some Concluding Remarks

All in all, I don’t want to live in A Handmaid’s Tale. And neither do many. If these lawmakers want to curtail abortions, maybe they should wear some fucking condoms before they impregnate their mistresses. It is the privilege of those like Rep. Tim Murphy who could actually procure abortions after a law like Alabama’s. As Senator Linda Coleman-Madison said, “We want abortions to be safe, and we want them to be few, but it should be legal, because there will be abortions,” and “The people who have the wherewithal will fly out of state…Not everyone can afford to do that.” Illegal abortions jeopardize the life of pregnant persons; legal abortions do not. Once again, this is not about protecting babies but policing bodies. We need more sex ed and stiffer rape penalties, not jailing doctors and playing god with pregnant persons.

Josh Duggar and Possibly Impossible Expectations

Joshua Duggar released a statement saying that he had been unfaithful to his wife, Anna. This is the second sexual item that has come to public light. In the statement, he admitted to using pornography for years and being “unfaithful” to his wife, though a later statement omitted references to pornography. He also never admitted to using Ashley Madison, a site guaranteed to fix adulterous unions.

His Ashley Madison profile included his interests and turn-ons. His interests included experimentation with sex toys and “naughty girls,” and his turn-ons included spontaneity, professional, independent, confident women.

The CNN article that mentions this also included a biographical bit that the Duggars don’t believe in birth control and “follow strict courtship rules.”

Is it just me, or how much do his interests and turn-ons reflect his upbringing? It may seem obvious, but they seem to be the exact opposite. While his upbringing was structured and holy, he wanted a “spontaneous,” “naughty girl.” While his upbringing lauded the submissive wife, he seeks an “independent, confident woman.”

I wonder how much of these recent sexual revelations are a man trying to forge an identity that he was never afforded based on his very public upbringing. Did he get to experiment with things?

And I don’t necessarily mean sexual experimentation. The show “19 Kids and Counting” seemed to portray a highly structured, strongly religious household. I don’t find such households to be a bad thing in themselves. I didn’t get the impression, however, that there was much room for him to flourish as an individual. I do have a problem when the appearance of family values is valued over actual family values. I don’t think the cameras of the show, the expectations of the family’s ideology (Quiverfull), or the constant togetherness allowed this young man room to fail and face consequences.

How was Duggar’s use of pornography supposed to play out in a marriage with a wife raised in a similar household as he? Let’s just say porn actresses and young Quiverfull maidens are not the same thing. Pornography doesn’t capture the reality of the smells, the negotiations, the sounds, the occasional laughter, the accidental farts, the burp kisses, the spontaneous and unshowered times, the times when you don’t look your Sunday best or haven’t read the script, the years of commitment some couples have shared, the fears, stresses, anger, and other emotions waiting outside the bedroom, or the fact that couples don’t have a production company making them look unrealistically amazing. Sure, porn is titillating, but it sets you up for failure if you think it reflects reality at all.

This is not to say that fundamentalist Christians don’t engage in oral sex, “naughtiness,” use of sex toys, or other acts than the missionary position, but if Tim and Beverly LaHaye’s fundamentalist sex manual (The Act of Marriage) is any indication, there isn’t much room for these types of behaviors even in the marriage bed.

I came across a troubling bit of information on Vyckie Garrison’s blog at Patheos on Josh Duggar. She noted that there was pressure from matriarch Duggar to always be available for your man, because his wife alone can give him the physical love he needs. This makes sense in a marital relationship that has chosen to be monogamous and consolidate all sexual release in that relationship. I can speak the following as a man: I sometimes want sex more than my wife.

The dangerous thing with this line of reasoning is that it carries a latent assumption that if a man cheats, his wife was not available enough to him.

If I cheat, does that mean my wife just wasn’t available enough for me? That would occlude my own agency. It treats me as if I had no control of hiding emails/texts, taking time out of my life to stoke an illicit fire, my feet taking me to a vehicle, pressing the gas, thinking about what I’m going to do with my tryst on the way to see her/him, ringing the doorbell, making sure no one is following me, doing sexy small talk, disrobing, finally doing the deed, then going back home and pretending I am an upstanding citizen. Maybe it’s just me, but that sounds like a lot more activity on my part than if my wife didn’t want to have sex as often as me.

It’s just sad that the quest for this young man to find himself came at the expense of his wife, his children, his family, his organizational alliances, and future prospects. It didn’t have to.

I don’t think this would have happened had the young Duggar had a little more freedom growing up, experimented in his twenties, married a little later in life. Who’s to say? The way one is raised doesn’t determine outcomes. But there are trends.

Here’s a sad tale. Religion seems to have little influence on marital faithfulness. According to a survey by Ashley Madison on New York Daily News, over 2/3 of its users identified as Evangelical, Catholic, or Protestant, while only 2% identified as agnostic, 1.4% as atheist, and 1.4% as Jewish. I don’t know what to make of this other than that family values don’t seem to be very valuable these days. Family values can’t possibly happen if they don’t face the realities of relationships.

Gender: Who Has It?

What do you think of when you think of gender?

If you’re me, it’s something you don’t have but others do. That probably reflects my privilege as a man.

Whatever social marker it is–gender, race, class, ethnicity, age, etc.–I usually think of it as something others (Others?) have.

Let me expand on that a bit. It’s not that I don’t think I have a gender. It’s that when I think of “gender issues” I’m not usually thinking about myself, because I don’t have a glass ceiling to break through. Worries about rape are not on my mind when I walk down a street at night. Anorexia and bulimia are not problems I deal with (if you’ve seen me in person, you can tell pretty quickly I don’t have these problems). Do these affect some men? Maybe. They just don’t affect me, and I presume they don’t affect a lot of men.

This somewhat reflects the field of gender studies. When I started reading Ursula King’s edited work, Religion and Gender, she indicated that many times gender studies=women’s studies.

Now this isn’t the case across the board. There is a subfield in gender studies called men’s studies or men and masculinities, so there’s an exception to this rule.

And maybe this is just me and something I will need to look at, but when you think of a category like gender, race, class, etc., do you think about it in reference to yourself or others?

Perhaps it is also true that I don’t get out much. Chalk it up to being a father of two young children, working, and being a student.

I have started asking some close family and friends what they think of when they hear the topic of gender. When I was waiting for church to start this morning, I wrote the following in my journal:

All I know of the past (before my conscious memory) is mediated. What would I think of gender were I alive in the 1950s? If I try to image this, all of my imagination of the 1950s is already constrained by what various patriarchs and feminists have informed me about it: it was utopia or a nightmare.

My “knowledge” of the 50s comes from books, movies, shows, clips. This is not to say that if I interviewed someone who lived during that time period would be any less colored by their perspective. However, I wonder what I would catch in the conversation unedited.

In print and in video, a lot of editing goes on. Granted, if you’ve had some practice answering a question, there has been editing done there, too.

What am I saying? I have a lot of work to do. Much of my research (maybe I’ll just call them “thoughts” instead of research since I haven’t really tested them against other peoples’ thoughts) on gender comes from inside my head.

However, if I want to pursue knowledge about gender, I will have to incorporate more than just my thoughts. It will require questioning others about their experiences. It will require probing their answers, being aware of my responses, making those responses known to them to gauge how they react, probing how others think about the data I gather, and continuing this cycle over long periods of time.

Here is what I think of when I think of gender: it is an amalgam of one’s sex organs, hormones, appearance, social interactions, experiences, sexual orientation, and how each of these interact with each other over time.

With this in mind, there will be many masculinities, femininities, or just general gendered expressions. To put it another way, gender looks different for a black lesbian, a poor Chinese man, or a young trans woman. Each social marker will affect how gender appears.

“The” Ethics of Abortion: Why This Debate Will Never End

As I admitted in my last post, I haven’t given abortion much thought because I lack a uterus. The sting video on Planned Parenthood gave me pause. What do I think about abortion? Was this video damning or not? Why?

My friend Samantha posted what I think is a good post from a pro-choice stance, defending Planned Parenthood from a legal perspective. Ostensibly, they were being paid for the transfer costs of aborted fetal tissue, which is legal. Samantha summed up that pro-life and pro-choice advocates are both trying to save lives, but are focusing on different means. They are “ships passing in the night.”

I’ll plainly state that I have been pro-life my entire adult life, though I have more questions now than before such as:

what is the fate of the child and mother if the mother is an addict?
what if the child is headed for a life of poverty and all that poverty entails?
if a mother wants to put her child up for adoption, what is the ratio of babies born to parents wanting to adopt? is the cost of adoption prohibitive?
what are the supports for mothers once their children are born? If she was already poor, will communities and welfare be available to her?

Regardless of how nuanced I get, I am still uncomfortable with abortion. That discomfort proceeds from an affirmation of life. I don’t know where life begins, but I don’t see enough difference between a fetus and a newborn to say, “Yes, it’s ok to terminate the life on this side of the line, but not on that side.”

When’s a Fetus no Longer a Fetus?

What’s the difference between a fetus from a newborn? A minute? less? I’m not talking about labor; I’m talking about those last few moments of pregnancy where one moment object A is inside the uterus (fetus) and the next moment it isn’t (newborn). It is a very quick transition from being something we can legally terminate to being someone we can’t legally terminate. Why do we define that change of state so absolutely? In other words, why is life defined in very specific chunks rather than along a continuum?

Concerning that transition, consider sexual intercourse: I wonder if the beginning of life and the beginnings of one’s sexual life are similar.

What is the moment that a virgin is no longer a virgin? Think of two virgins about to cease being virgins. Do they cross that threshold at the first sexually charged look? The first caress? The first disrobing? The first fondling? The first suckle? The first genital stimulation? The first penetration? The first orgasm? Is sex one discrete thing or a continuum of behavior?

If penetration is the key definer of sex, and the key that evaporates virginity, does that include penetration of things besides a vagina? If a homosexual man only has sex with men his entire life and then dies, has he died a virgin according to that definition? Or did he cross that threshold the first time he had sex with a man?

I ask again, how different is a fetus from a newborn?

The Social Freight (Politics) of Binaries

What am I saying in these comparisons? I’m saying that we as a society take a slight difference between two things and then treat the distinguished things in radically different ways. I am wondering if this makes sense. The binary in this case is “not life/life.” Inside a uterus, a child is legally not life since it can be terminated without repercussion.

American society has deemed abortion legal institutionally by defining a clean break between those two states. The only reason a fetus isn’t just called a baby is because the distinction has to make sense for the law to make sense. The difference in state of the baby is purely by fiat.

Granted, I have not waded into this very complex issue. When I started researching for this post I googled “abortion debate” and came to a debate site. It listed roughly thirty facets to the issue. I come at it from one angle and realize it is an angle, not “the” ethic for this debate. Were there something we could all appeal to in equal measure, there wouldn’t be a debate.

The debate will never end because people ally themselves with the continuum model or the discrete model. Someone could highlight a grey area for me, and I would concede if convinced, but I see little space for calling something both a continuum (pro-life) and a discrete shift in essence (pro-choice). As Roger Olson highlighted, nuance is drowned out by the seemingly unavoidable extremes in this debate.

I also think the debate will never end, because it is now entrenched as an identity marker. I don’t know how many pro-life or pro-choice advocates sit down and say, “Wow, the other side makes some great points. I should really reconsider my position in light of what they have just said.” Instead, people usually hear a label, assume the worst of their adversary, have their checklists of orthodoxy and heresy, hurl talking points at their adversaries, utterly ignore the talking points of their adversaries, and go their separate ways thoroughly entrenched.

I wish this were a happier post or one more provocative for discussion, but I’m under no illusions that this will be a popular post. Abortion isn’t exactly a boring topic or one for polite company. It isn’t an issue that calls tolerance forth from its interlocutors. However, I will admit I am weird: I invite feedback positive and negative. If I have left anything out, maligned someone, misrepresented people—whatever your opinion—comment, or, if you don’t feel like having a comment war but only a discussion, my email is ilostmyprayerhanky At gmail dot com. As my friend Samantha got at in her post, I want discussion to occur that treats conversation partners as people, not battlefields to lob bombs at.

Link Wednesday 6: Mucho Feminism…and Some Sexuality, Too

This Link Wednesday, admittedly doesn’t have a lot of feminism, but it does comprise the majority of the links. Here we go.

1. “An Update on the Gay Debate: evolving ideas, untidy stories, and hopes for the church“

Julie Rodgers was a “Ministry Associate for Spiritual Care” at Wheaton College until she resigned yesterday. She is a celibate gay Christian whose shift in view on same-sex marriage seems to have been the reason for her resignation. If you are not used to reading gay Christian perspectives, check out her blog. Another gay Christian voice to check out is Matt Vines at The Reformation Project.

In other religio-sexual news, Reza Aslan encouraged his fellow American Muslims to fight for marginalized groups like the LGBT community in a public letter after the SCOTUS decision. In case you weren’t aware, 42% of American Muslims support same-sex marriage (21+21). Maybe you weren’t surprised by the figure. I was. It helps to look at data.

2. “Media Literacy 101”

Here are the four takeaway questions quoted (except for the “And”) from the transcript:

What is the content of this product? As in, what am I looking at here?
Is it really selling what it’s advertising? Like, if you have a woman in a bikini in your commercial, it better be for swim wear and not for, ya know, hamburgers.
Who made this?…
Why do they want me to consume it? That is, which demographics benefit from me internalizing this message and which demographics are hindered by it?

My wife and I discussed this while we walked by Victoria’s Secret in the mall. She wondered why the store would have an image of a woman with no top, covering only her nipple (probably through Photoshop or a nude suit) when what it was selling was a bracelet. I speculated that marketing experts project that it will have a significant impact on the tastes of women’s significant others to push to buy that product so that their women can exude the image shown: free-spirited, virile, trophy, etc. But then I thought about it today, and realized that women (or men if they want the bracelet) don’t need other agents encouraging them to exude free-spirited, virile, trophy images; they have agency of their own.

3. “Is secularism still Christian?“

This article talks about the origins of Western secularism. I modify it because not all secularisms are the same. Turkish secularism, for example, looks different from American secularism because of the different histories of the peoples. Even in the West, secularism in the United States differs from that in the United Kingdom which differs from that in France. For more elaboration on the various secularisms, see the interview with Tariq Modood at The Religious Studies Project.

4. “How the Justice System Hurts Survivors Through the ‘Sexual Abuse to Prison Pipeline‘” and “How ‘Orange Is the New Black’ Misrepresents Women’s Federal Prison (And Why It Matters)“

These two articles discuss how women entering prisons are primarily non-violent drug offenders. The feministing article highlights that the major contribution to drug use/penalization occurs among sex-abuse victims. The everydayfeminism article highlights that while men’s prisons still have far more prisoners population-wise, women’s prisons are growing at double the rate of men’s: growth in prisons in general are fueled by the failed War on Drugs.

5. “An Explanation for Why It’s Not Just Men Who Pressure Women Into Feminine Norms“

Celia Edell applies Foucault’s reading of Bentham to explain that patriarchal norms for femininity come from many directions (men, other women), including from the self. Gender expression is a show for everyone and no one. This was an article that gave me a check regarding my thoughts on the Victoria’s Secret ad.

6. “The Coming Gay Rights Letdown” (The Daily Beast)

While happenings in one place aren’t guaranteed to replicate in another, a Canadian LGBT activist warned American LGBT activists that marriage equality brings apathy among the public. It reminds me of the unfortunately failed Equal Rights Amendment. Women in the United States gained suffrage in 1920, gained lots of momentum in the 1960s and 1970s through second-wave feminism, but the culture at large seems not to have given that Amendment as much weight as they.

7. I’m going to wait on #PlannedParenthood. The story is still developing. Color me cautious (I guess you can color me cowardly if you want; I just think big stories need more development).

Because of Caitlyn Jenner in the news last month, I thought it worthwhile to cover a less well known group. Intersex persons are the little known group in the longer LGBTQIA acronym. Political recognition of them at times overlap with transgender persons, hence the upcoming post, “The Politics of Intersex.”

Link Thursday (#4): Obergefell v. Hodges: The “True” Definition of Marriage

I apologize for not getting this out on Wednesday. I also realize that these “Link Wednesdays” are turning into substantial posts in themselves. Let me know if you prefer substantial posts for Wednesdays or ones with links and very minimal annotation at ilostmyprayerhanky At gmail.

What is the purpose of marriage? Is it to produce children? Is it to enable people to connect emotionally over a lifetime? Does it have more than one purpose?

At stake in the Supreme Court case Obergefell v. Hodges is whether or not states are required to give marriage licenses to same-sex couples and to recognize marriage licenses issued by other states. The summary of the oral arguments and amicus briefs for and against are here, here, here, and here.

This post will look in detail at the religious freight brought to bear in the amicus brief submitted by The Coalition of Black Pastors and Christian Leaders, aka The Coalition of African-American Pastors. Amicus Curiae are documents submitted by persons strongly interested in a case but not actually involved in it. I am interested in this case, because Black Protestants make up the next biggest opponent of same-sex marriage behind White evangelical Protestants. Since I am somewhat familiar with evangelical religious reasoning against same-sex marriage, I was curious to see if there was overlap with Black church leaders’ legal reasoning.

Here are their three major arguments that will be covered in turn (page numbers from the document will be cited parenthetically):

The caseLoving v. Virginia does not create marital inclusivity as far as the plaintiffs wish
Unelected courts should not decide on morality; that should be left to legislation and the People
The Sixth Circuit Court did not have to employ strict definitions in considering the states’ marriage laws (iii)

Before going into the argument, the pastors and Christian leaders provide a glimpse into their identity and aims in this quote:

For Amici, the Bible expresses sound, ethically-grounded doctrine upon which individuals beneficially rely regarding family matters. Amici bear the responsibility to oppose unsound, morally-relative doctrines and to oppose practices that are harmful to the following of God’s time-proven teachings. Amici, therefore, hold a vested interest in a State’s right to correctly define marriage (1; bold mine).

On to the arguments.

The case of Loving v. Virginia (1967) had to do with anti-miscegenation laws. Anti-miscegenation laws were found unconstitutional for violating the Equal Protection Clause of the Fourteenth Amendment.

The plaintiffs in Obergefell v. Hodges argued that denying marriage licenses violated the Equal Protection Clause, using Loving v. Virginia as precedent. The Amici do not see this as valid for a few reasons.

Their big one involves the first alternative use of Loving in Baehr v. Lewin (1993). Baehr held that sexual orientation was a “suspect class” like race was in Loving. Suspect class is “a class of individuals that have been historically subject to discrimination” so that their involvement in a discrimination case is subject to “strict scrutiny.” To survive this level of judicial scrutiny, a State has to have had a compelling reason to limit fundamental rights and narrowly defined the law so as not to engage in discrimination. Examples of suspect classes subject to strict scrutiny include race and religion. One of the questions at stake is whether marriage is a fundamental right.

The Amici argue that the Supreme Court in Loving never contemplated or addressed same-sex marriage (7). This argument gets at origins. In this line of thinking, the closer reasons (practices, beliefs, etc.) are to some group’s original intentions, the more authority it carries. What’s interesting about this originalist interpretation is that the Founders never envisioned African-American voters, but here we are. Time brings out new questions, and, many times, new answers.

They go on to say that “Loving emphasized the importance of marriage to all Americans, in the true sense of the word” (8, bold mine). Words do not have true senses. They have definitions based on how people accept them. If I say someone is gay, you aren’t going to think I’m meaning it in the “true sense” of happy. Why is marriage cordoned off from this ability to change meaning over time? Is it because so many personal investments revolve around how its definition?

And yet, the fact that words do not have eternal, true senses does not mean that definitions are merely idiosyncratic either. While words can be defined however a group wants to define them that does not mean words change meaning overnight. It takes time and people agreeing with definitions. If I say tomorrow that “marriage” means that someone likes chocolate, good luck with that catching on, particularly considering my readership numbers.

These rhetorical strategies of “origins” and “classification” go back to what I have covered on practice and community. The use of origins is a great strategy, because it gives your case a sense of establishment, authority (based on heroes at the beginning of a discourse), and longevity. Sometimes, it is also used to ignore all the intervening steps (history) between the proposed origin and the present (See Monica Miller’s post on labels). However, it also serves the religious element in Lincoln’s system of religious discourse in attempting to make historically contingent facts beyond dispute: religion is at least “temporal, contextual, situated, interested, human, and material dimensions of those discourses, practices, and institutions that characteristically represent themselves as eternal, transcendent, spiritual, and divine.” In other words, this move to origins is meant to stop argumentation, because origins are where authority rests. If God isn’t the authority in this case, it is the immutable and inerrant Founders, treated much the same way as inerrant Scripture.

The Amici also move beyond legal reasoning to employ the “true definition” of marriage, again, using classification. Classification in political (one can easily argue that religion involves this same discourse since it too manages relationships between parties) discourse is never neutral or apolitical. So when they employ Robert Reilly to give the true definition of marriage–the context where the “procreative and unitive purposes of sex” (14-15, no. 13) occur–debate is curtailed, because by definition, same-sex couples cannot be married since they cannot procreate with each other, and therefore, do not meet both of the required elements. I’m not going to try to insult your intelligence too much, but following that definition, here are some heterosexual acts and statuses that should bar a person from marriage:

women with hysterectomies
men with vasectomies
the elderly
couples who do not wish to have children
couples who engage in any sex act that does not finish inside a vagina
contraception
abortion
divorce, because this eliminates the possibility of future children
post-menopausal women

This list is not exhaustive, but it shows that the State is not merely interested in defining marriage by the bare fact of procreation. What does it reveal about the “true definition” of marriage? I suggest that it at least shows that interests beyond the State’s are at play, and I would argue that they are religious ones. The definition is not beyond dispute but reflects the interests of the pastors. You can be the judge of how much or little specific religious discourse should play a part in judicial discourse. The aim of this blog is to uncover the strategies at play among religious and sex discourses. I have around five pages of single-spaced notes on the brief if you care to discuss this further. There is much I left out that I could have covered and that someone might say I overlooked. If so, comment or email me. Otherwise, I await the Court’s decision which might come out today.

Link Wednesday #3: Attack of the Transgenders!

This Link Wednesday is going to be short and sweet. It will be links, very quick intros, and questions.

1. Albert Mohler and the Transgender Attack on Women’s Colleges

Albert Mohler albertmohler.com — Albert Mohler

I’ve introduced Al Mohler here, so I will leave you to read about him there. He introduced a story that detailed how the last of the “Seven Sisters,” Barnard College, had admitted transgender students while still holding to its mission as a women’s only college. Notwithstanding that some of these colleges admit men, Mohler cast the decision as a moment of “conflicting absolutes” between feminism and the “transgender revolution.”

Questions:

If elements within a movement shift on things are they no longer part of that movement?
Are movements stable enough in the first place to be identified as one thing?
Who gets to speak for a group and who decides? Is it within or outside the group?

2. Elinor Burkett: The Transgenders Are Coming for Your Abortions and Your Sororities!

Laverne Cox Author: Dominick D via Flickr — Laverne Cox

I found out about this article from Mohler. Elinor Burkett is a journalist, author, former professor, and producer. Her recent op-ed entitled “What Makes a Woman” appeared in The New York Times. Apparently a woman consists of a vagina and the ability to have children. Do with that what you will.

Questions:

Burkett draws a parallel between former Harvard University president Lawrence Summers and then-Bruce Jenner: each said that men and women have different brains, while one was treated with scorn and one with bravery. Does who says something change what is said? If a white supremacist or an African-American rapper say the word “nigger” (and I record it), is it the same thing or not?
Burkett claims that Jenner makes use of feminine stereotypes of appearance and emotionality; does the kind of woman Burkett lauds—liberated, with fuller agency—have room for the classically feminine woman she critiques?
Burkett treats transgender women as a threat to women as a whole. How do you define woman? Is Caitlyn Jenner the same as Laverne Cox or Leslie Feinberg?

Burkett says that Jenner does not get to define women, but then goes about defining women herself. Does Burkett represent women of all classes, politics, religions, races, and ethnicities?
Burkett claims that transgender claims on womanhood trample her dignity as a woman. Did women’s suffrage trample the dignity of male votes? I don’t know how much Burkett would like that her position sounds similar to arguments like legalization of same-sex marriage would trample the dignity of traditional marriage.
Burkett lists universal experiences that Jenner has never experienced, such as forgetting to take the pill. Can you name ONE universal female experience?
Burkett remarks that Jenner has experienced privilege as a man, employing his sponsorship during the 1976 Olympics as an example of how he cannot understand the lack of privilege women experience. Is privilege static? Does the privilege of Bruce Jenner in 1976 match that of the 65 year old Caitlyn?
Burkett is not without her points. Jenner does seem to buy into stereotypes of women as emotional and sex objects. Why did she transition to her current gender expression, and not the butch gender expression of someone like Leslie Feinberg?
Burkett overtly links owning a vagina and working uterus with being a woman. Does having a non-functioning or absent uterus make one less a woman?

As June comes to a close, we will know the result of Obergefell v. Hodges. That case will determine whether or not same-sex marriage is legal. Next Link Wednesday will involve two strong cases each for and against same-sex marriage. As always, I hope for your interaction. If you do not feel comfortable commenting, please email me at ilostmyprayerhanky AT gmail. I truly enjoy conversation (I won’t berate you on differences of opinion) and seeing how people come to their conclusions. I thrive on what can occur when two people are open about where they are coming from and can open new possibilities beyond their current place.

My Weird Views on “Religion,” Part 2: Practice

Regarding last week’s post on discourse, I feel I was too dependent on Bruce Lincoln’s theory of religion. While I will continue to use his outline, I am going to expand it with my own stuff. This is part two of four.

Here is a review of the outline. Religion is at least, though not necessarily reducible to:

discourse
practice
community
institution

What is practice in religion? Lincoln defines practice as rituals and ethics which designate a proper world order/person as defined by religious discourse.

Bruce Lincoln Source: University of Chicago — Bruce Lincoln
Source: University of Chicago

I see practice as the primary identifier of religion, for it is what people outside the religion (discourse, community, institution) primarily encounter. You do not see beliefs or institutions unless you look at their texts, which are the result of the practice of writing and encoding ideologies with otherworldly authority. However, you can see clothing or grooming. You can also see texts or architecture if you are aware of it. You can hear certain music (or not hear it in its absence) or rhythmic recitations. You can taste different cuisines or items associated with a ritual. You can smell smells associated with a space, and you can feel the touch of objects or other persons.

You could argue with me about what should be primary in religion. Beliefs, or discourse in my presentation, is usually what is asserted as primary, if Protestantism is taken as normative for religion. However, even when it comes to discourse—in the construction, maintenance, replication, polemics, irenics, apologetics, destruction, or reformation of it—I see the activity of practice employed in it. Why? The act of discourse defines who is in a group and who is outside a group, a practice that is always more mobile than discursive text (though I do not limit discourse to text alone).

I am not using my religious upbringing as representative of all religion, but merely to demonstrate a point. It seemed sometimes that signing onto a belief was as important, if not more important, than enacting a practice connected with that belief. This ended up being a practice in itself. One of the practices closely identified with my group was the practice of glossolalia, or speaking in languages you hadn’t sat down to learn. While the group pushed the practice, it definitely mattered if you even considered it a possibility. Southern Baptists, who did not condone the practice, were seen as other to us because they did not even consider glossolalia a possibility. It didn’t matter that we had many in our group who did not themselves “speak in tongues” as glossolalia was referred to; it mattered that we took the practice of believing Acts 2 in a way that Southern Baptists didn’t.

Certain practices seem to have religious connotations associated with them: ingesting a limited amount of food and beverage in a communal setting (Eucharist/communion), stretching limbs in a communal setting (raising hands in worship or some settings of Hatha Yoga), dressing up (wearing a hijab, niqab, skull necklace, funerary ashes), or feeling an object in a stylized manner (prayer wheel in Tibetan Buddhism or rosary).

Lincoln goes on further to say that no practice is inherently religious in itself until defined by the discourse. I described some practices in a purely material way. If I said I was making you a cake, would you consider it religious? Consider the following. Cake-bakers mix flour, sugar, and oil together, bake this set of ingredients, and then design it. When religious discourse is added to it, some Christian bakers decided not to bake and design cakes for same-sex weddings, because they associate their practice of baking with their religious discourse.

This example brings up some important questions. Who defines practice: religious specialists or ordinary religionists? When is a practice religious and when is it idiosyncratic? Is religious practice and idiosyncrasy mutually exclusive? Is religion primarily personal or social? I’m not asking what should be, but but how practice functions in a particular time and place.

How are ethics colored by religion? Ethics here would describe interpersonal or public actions toward one’s own group and outside of one’s group (as defined by the discourse) based on discourse. This discourse can be reasonable or not, but what matters is that a group finds the discourse reasonable enough from which to authorize practice. So making cookies for your neighbor could be a way of consoling him when he’s sick (and you simply performing a practice for a friend) or a way of demonstrating care motivated by proselytizing (a religious motive). It could involve speaking with (or not speaking with) members considered outside your community and doing so in a specific way (conversationally, in a rebuking way, avoidance, etc.).

Recently in Springfield, MO, there was an issue on the ballot (“Question 1”) of whether or not to include the LGBT community in the City’s non-discrimination ordinance regarding housing, employment, and public accommodation. Depending on how you approached this, it could be merely a political and civil rights issue or a religious (or religious freedom) issue (and religious discourse occurred on the “Yes” AND “No” sides of the issue). Who got to define whether it was political/civil rights or religious?

Russell T. McCutcheon Source: Twitter — Russell T. McCutcheon
Source: Twitter

Regarding Question 1, I lamented to Russell McCutcheon that it didn’t seem that persuasive/reasoned discussion was possible when people held fundamentally different views. It seemed to me that groups lobbed talking points at each other without hearing others’ points. He gave me the following: “They’re trying to play fair — it’s just that their mutually beneficial definitions of ‘fair’ either compete or even contradict one another. They’re not all playing the same game but each is trying to portray theirs as the only game in town…”

Even when practices are similar within a community-e.g., providing public discourse on why you should vote a certain way–they are carved out from general use to serve to the interests of your own group. This seems true to me, regardless of how libertarian you want to be.

Next Saturday I will go over “community.” You might be able to tell this from reading so far, but all of the features Lincoln lists-discourse, practice, community, and institution-are integrally related. It helps to separate them to discuss them, but they generally don’t operate apart from one another, unless a religion is extinct.

Link Wednesday #2: Is Caitlyn Jenner Mentally Ill?

(~1350 words: analyzing Paul McHugh’s dealing with transgender issues)

Caitlyn Jenner’s last interview as Bruce Jenner occurred a little over a month ago. Then on June 1, 2015, she announced herself to the world with her new name and a cover shot. This prompted comments ranging from support to denigration.

So this link Wednesday has to do with one psychiatrist in particular who holds a lot of clout with conservatives who oppose to transgender persons (or what transgender people do, not their persons, according to the rhetoric).

1. “Surgical Sex” by Paul McHugh

Paul McHugh hopkinsmedicine.org — Paul McHugh
hopkinsmedicine.org

Paul McHugh was the longtime chief psychiatrist, professor of psychiatry, and department head at Johns Hopkins University and Johns Hopkins Hospital. He has gained much publicity for his position against SRS. In this article published on First Things (see their About page here), he discusses why he opposes it. He primarily found the desire for SRS solely in men who could not deal with their own homosexual attraction and sexual experience. He wished to test his unease with these men by testing 1) if an operation resolved other “psychosocial issues” (“relationships, work, and emotions”) in them and 2) if operations performed on boys with abnormal genitals combined with raising the them as girls allowed them to be gender-adjusted in adult life as women.

Concerning his first inquiry, McHugh followed Jon Meyer’s research. Meyer had spoken with SRS patients years after their surgeries, finding that they were largely satisfied with their choice. McHugh inferred, though, that the surgery did not resolve other psychological issues present in them.

Concerning his second inquiry, he followed the research of William G. Reiner. First, Reiner used comparative anatomy to conclude that even if boys were surgically altered postpartum, they had still been exposed to testosterone in utero. These young children, though raised as girls, preferred “boy” play: “enjoying rough-and-tumble games but not dolls and ‘playing house.’” Reiner’s case study on 16 “genetic males with cloacal exstrophy” found that once the youths had learned about their birth sex:

8 boys declared themselves male
5 continued to live as females
1 lived in sexual ambiguity
(2 had parents who had elected not to have the surgery performed on their children)

McHugh then concluded that gender identity flows not from socialization, but from genetics and intrauterine encounters with testosterone. I have two issues with McHugh’s inferences from the data and studies. The first has to do with the propriety of his first inquiry: is it appropriate to ask if SRS solves other psychological problems in a person? I’ll propose something and let you think about it: does gall bladder surgery have benefits for asthma sufferers? McHugh admitted that men who underwent SRS were satisfied with the results in the majority of cases. His contention is that it did not solve attendant psychological issues. Should that be expected? If I suffer from bipolar disorder, schizophrenia, and obsessive-compulsive personality disorder, will treatment for one diagnosis work for the other two? Some medications help multiple things. For example, Depakote can be used as a treatment for seizures, migraines, or the manic phase of bipolar disorder. But this isn’t always the case, and to expect one treatment to affect multiple issues doesn’t seem reasonable to me.

My second issue has to do with McHugh’s use of Reiner: “sexual identity is mostly built into our constitution by the genes we inherit and the embryogenesis we undergo. Male hormones sexualize the brain and the mind.” If effects in the uterus are primarily what account for sexual identity, why did nearly 43% of the boys operated on live as females—i.e., according to socialization—or ambiguously? Wouldn’t his claim call for a much higher ratio of “boyness” trying to overcome female socialization? Can a claim for naturalness/normalcy hold if it only accounts for roughly 57% of the sample?

2. “Transgender Surgery Isn’t the Solution”

(Google the title; if you click on this link, you have to subscribe in order to read the full article)

I came across this article when another article referenced it. That article had the catchy snippets in its title: “Johns Hopkins Psychiatrist: Transgender is ‘Mental Disorder;’ [sic] Sex Change ‘Biologically Impossible.’” (check out what the DSM-V says about it being a mental disorder; thanks to Brynn Tannehill; In the upcoming weeks, when I discuss the “institution” aspect of religion, I will discuss the politics of classification) While I read that article, I wanted to read the original. It is imperative in research to see what writers/speakers do with their sources in order to see if there are unstated motivations beneath their stated intentions.

I want to draw attention to one statistic provided by McHugh:

When children who reported transgender feelings were tracked without medical or surgical treatment at both Vanderbilt University and London’s Portman Clinic, 70%-80% of them spontaneously lost those feelings. Some 25% did have persisting feelings; what differentiates those individuals remains to be discerned.(Monte’s emphasis)

He also refers again to his reason for stopping sex surgery at Johns Hopkins: “surgically treated patients” were satisfied with the surgery, but didn’t experience relief from other “psychosocial” issues which he doesn’t detail here.

In this article, he produces a much more relevant study to his aims. The Karolinska Institute in Sweden conducted a 30+ year longitudinal study on over 300 people who had undergone SRS. He highlights two things. One, 10 years following the surgery brought about mental health issues, and two, the patients had a 20-fold suicide mortality rate when compared with the general population.

Concerning the Vanderbilt/Portman study, McHugh admits that no one knows for sure why gender dysphoria continues in 25% of individuals who experience it as children. With him, I don’t know what to do with this. It could have genetic or social contributors, or a combination of the two. We just don’t know. However, he’s the psychiatrist, and he doesn’t offer any alternatives to SRS (besides “devoted parenting” for children and adolescents) or help. If you’re a public intellectual offering your two cents, provide some solutions.

The second study concerns me. That suicide statistic is astounding. An article by Mari Brighe (about The Transadvocate here) critiquing McHugh’s op-ed detailed many of his misuses of data, including the following quote from the Karolinska study:

It is therefore important to note that the current study is only informative with respect to transsexuals persons health after sex reassignment; no inferences can be drawn as to the effectiveness of sex reassignment as a treatment for transsexualism. In other words, the results should not be interpreted such as sex reassignment per se increases morbidity and mortality. Things might have been even worse without sex reassignment. As an analogy, similar studies have found increased somatic morbidity, suicide rate, and overall mortality for patients treated for bipolar disorder and schizophrenia. This is important information, but it does not follow that mood stabilizing treatment or antipsychotic treatment is the culprit. (Monte’s emphasis)

Further links in the article cite differences in androgen receptors between transgender and cisgender men and a difference in brain anatomy between transgender women who haven’t yet undergone hormonal treatment (the article calls them “male-to-female (MTF) transsexuals”) and cisgender men.

What I take from this is that transgender persons need more access to mental health resources, but that a ban on SRS in itself would not “fix” them. With high suicide rates, abuse from families of origin, mistreatment by police and hospitals, and homelessness, exclusionary tactics like negative labels are not helpful. Labels more often than not serve to categorize a group as “Not us,” that can then serve as a shield of indifference to real complaints, issues, and needs.

So is Caitlyn Jenner mentally ill on account of being transgender? The DSM says no. I think the question might be missing an issue, though. My question is, do Jenner and people like her have access to mental health, relational, financial, occupational, housing, and other resources that I enjoy because no one is obstructing my access according to my appearance? I guess a person could say, “Stop trying to be something you’re not. Make your appearance more normal and you won’t have these problems.” To me that’s like saying, “Stop practicing Christianity, because it’s against your nature. You won’t have relational problems associated with being resisted because of your religious observance.”

Link Wednesday #1- Feminisms, Same-Sex Marriage, and Caitlyn Jenner

1. Rita Alfonso Surveying Feminisms

Dr. Rita Alfonso thinkphilosophy.org — Dr. Rita Alfonso
thinkphilosophy.org

ThinkPhilosophy is a philosophy website run by “Dr. A” (Rita Alfonso), who taught philosophy and gender studies at Grinnell College and U.C. Berkeley before retiring. She is now an independent scholar and professional photographer.

Alfonso’s first few podcasts seem aimed at making a general audience clearer thinkers through reading and writing practices. Her blog is a text-accompaniment to her podcast. (Also neat: if you subscribe to her site, you can get Feminism: A Very Short Introduction as a free download. Oxford University Press’s Very Short Introduction series gives a quick survey of a topic by experts in the field. They run ~100-150pp and ~$10).

I came across Alfonso’s site when looking up gender studies blogs. Her first podcast that I heard was her explanation of three prominent feminist theorists: Simone de Beauvoir (existentialism/Marxism), Luce Irigaray (psychoanalysis), and Judith Butler (post-structuralism/queer theory). De Beauvoir pretty much kicked off Second-Wave Feminism with her The Second Sex. One of her most famous lines is “One is not born, but rather becomes, woman.” In other words, sex is not identical with gender, but gender has a cultural history. According to Alfonso, Irigaray takes de Beauvoir in an egalitarian direction while Butler takes her in a radical direction.

The audio runs ~38 minutes.

What do you make of de Beauvoir’s quote? Are women reducible to wombs or to what is called “feminine”? Is femininity something that is stable in a person or something that must be constantly maintained? How much is femininity a performance or projected image and how much of it is innate to a woman? Is woman simply the Other of man? How does liberal feminism differ from radical feminism?

How does Irigaray critique de Beauvoir’s “othering” (abbr- where you set up an opposite of yourself or your group to say “I’m not that” and use it as identity reinforcement) of women? Is Irigaray saying de Beauvoir sees women as simply non-actualized men in need of full (male) agency? How different does Irigaray find women and men as subjects?

Butler argues that if we take de Beauvoir’s sex/gender distinction seriously, we have no guarantee that a sex results in a given gender; if you always exists in a culturally expressed gender, do you ever exist solely as your sex? In other words, are bodies and biological sex ever interpreted free of cultural bias? In Alfonso’s questioning, does gender occur as naturally as a falling rock demonstrates gravity (every time)? Alfonso interrogates sex as a natural category: should it not result in a particular gender expression? Is the nature/nurture distinction itself a cultural product?

2. Albert Mohler on Attending Same-Sex Weddings

Albert Mohler is extremely influential in the Southern Baptist Convention and president of Southern Baptist Theological Seminary. His output is prolific. He has an almost daily podcast called “The Briefing” where he analyzes current events from an evangelical perspective.

I started listening to him because I wanted to gauge where real evangelical leaders are coming from and rather than being filtered through various outlets like Salon or other media which focus more on sensational figures (thinking Pat Robertson here) rather than on what broader evangelicals accept.

If you are unaware, sometimes religious leaders play with a supposed (from an outside perspective) or real party line (again, this is why I think essentialism is unhelpful). While holding to a traditional view of marriage, Mohler also claimed that the church was guilty of homophobia and aggression (rather than redemption) against homosexuals.

The podcast I listened to on Monday was dated. He analyzed Sen. Marco Rubio’s statement on attending a same-sex wedding. Rubio would attend one if he loved the people, even though he doesn’t support same-sex marriage. Mohler argued that based on the phrasing from the Book of Common Prayer (“If any of you can show just cause why they may not lawfully be married…”) one’s attendance of a wedding is silent consent to the marriage, and that therefore, Rubio’s statement doesn’t make sense.

The segment on Rubio is the first ~7 min of ~18 min.

What do you make of this? Does Mohler’s assessment work for you? Can one not attend a same-sex wedding, love the people involved, and still disagree with what they are doing? Does attendance or presence equal consent? Does Rubio’s statement conflate loving people regardless of their sin and what people affirm? If a mother-in-law doesn’t like the spouse her child has chosen, and she still attends the wedding, is she affirming their marriage or her child? How does Mohler employ the term “category”? What does Mohler mean by love? Does he define it?

3. “Bruce Jenner Is Not a Hero”

Yesterday was a mixed bag on my Facebook feed. There didn’t seem to be much middle ground surrounding Caitlyn Jenner’s reveal on the cover of Vanity Fair. This post was a negative assessment of her coming out. When I tried to find out about the author, she didn’t have an “About” section. Scrolling through her posts, I gathered that she is a mother seeking to explain a Christian worldview in light of cultural (generally sinful) trends. What caught my attention in her post was the following quote: “I never want to shy away from speaking something that needs to be said even if I know it is not something people want to hear.”

What prompts someone to speak to an issue to the point of saying that their words “needs to be said”? I can think of some possibilities: everyone is doing it, your position hasn’t been heard, your position has been maligned, your position has been misunderstood, you like to hear yourself talk, imminent danger, etc. I think in this case she sees a societal danger, but you tell me what you think.

How is Emily Suzanne using gender? Does she buy a distinction between sex and gender, or are these two items even distinct? How is she characterizing arguments in favor of Caitlyn Jenner’s coming out? What sources of authority does she use? How and why does she use them? What does she mean by “common sense” when coupled with a Christian worldview? How does Caitlyn coming out as a woman constitute being “lost, sinful, and desperately in need of Jesus” in itself? According to her definition of a hero, has Caitlyn not sacrificed and risked? When Emily Suzanne uses “we,” who is included and who is excluded?

I plan on using Jenner’s case as a launch pad to talk about the biology and politics of sex in an upcoming post, possibly before Saturday. Again, in Saturday’s post I am going to discuss how I relate religion and gender in my studies.