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Reproduction and Gender Self-Determination: Fertile Grounds for Trans Legal Advocacy
Current medical constructions of trans identities reflect heterosexist understandings of gender expression—understandings that deny access to gender-affirming healthcare to those who fail to perform normative binary genders. As medical providers establish norms for how to “properly” be trans, the state codifies these norms, basing trans existence on rigidly defined and harshly enforced understandings of binary gender. When this construction of transness is codified on an institutional level, such as with gender reclassification rules for government identification, it forces trans people to conform their bodies to cisgender norms, and dangerously disrupts trans people’s bodily autonomy and diminishes their control over their reproductive choices. This Article contends that the gender conformity that the state requires of trans people parallels the violence that the state has inflicted on low-income non-trans women of color. As welfare policies have sought to constrain indigent Black women’s reproductive and sexual autonomy, courts use legal gender determination to force trans people to conform to heterosexist sexual and family structures—a project that works to constrain their reproductive freedoms. This Article connects the decades-long struggle of non-trans women of color for reproductive justice with that of trans people’s right to self-identify without medical intervention. In doing so, this Article calls for legal trans advocates to coalition build with existing reproductive justice movements to nurture a trans jurisprudence that rejects heterosexist notions of trans identity and instead embraces the multiplicity of trans embodiment and queer family structures that we, as trans people, can create.The Home of the Dispossessed
The objects that people interact with on a daily basis speak to and of these people who acquire, display, and handle them—the relationship is one of exchange. People living among household objects come to care for their things, identify with them, and think of them as a constituent part of themselves. A meaningful problem arises, however, when people who have deep connections to the objects that populate their lived spaces are not those who possess the legal rights of ownership. These individuals and groups—usually excluded from the realm of property ownership along lines of gender, race, and ethnicity—live on an axis of property precarity, persistently subject to the anxieties as well as the realities of dispossession. This Article’s launching point to explore these dispossessions is Henry James’ novel, The Spoils of Poynton, which involves a dispute about the settlement of a father’s estate and describes the battle between mother and son over the furnishings of the family home, Poynton. On a descriptive level, The Spoils of Poynton is a novel about a wife’s dispossession and the gendered nature of inheritance. The novel is also, however, about the exclusions built into property theories of labor and personhood. Accordingly, this Article explicates tactics of dispossession inherent in traditional theories of property ownership, explores the legal claims made to property ownership by those who have been dispossessed, and analyzes the ways in which the meaning of property for these individuals and communities is reconstituted within the political imaginary. The novel therefore tells the story not only of a property conflict between mother and son but also of how individuals who straddle the fragile boundary between personhood and objecthood both experience property as liminal fragments of the rightsholder they could have been and perform their property ownership as a political declaration. In this way, the novel tells the story of what it is like to live in the home of the dispossessed.Black Women & Women’s Suffrage: Understanding the Perception of the Nineteenth Amendment Through the Pages of the Chicago Defender
Susan B. Anthony once famously stated, “I will cut off this right arm of mine before I will ever work for or demand the ballot for the Negro and not the woman.” The racism of many early suffragettes has been well documented and discussed; Black suffragettes and other suffragettes of color were, at best, relegated to the margins of the movement and, at worst, scorned and turned away by white suffragettes. Moreover, part of white suffragettes’ strategy for passage of the Nineteenth Amendment was based on racist appeals to white men; white suffragettes claimed that passage of the Nineteenth Amendment would help keep white voters in the majority and, ultimately, would help uphold white supremacy. Against this backdrop, Black women—and much of the Black community more generally—still supported and fought for the passage of the Nineteenth Amendment. Recent legal and historical scholars have been dedicated to studying the often-overlooked and instrumental role that Black women played in the Suffrage Movement and Black enfranchisement. This Article seeks to look at the coverage by Black—largely male—journalists at the Chicago Defender in the ten years preceding and proceeding the passage of the Nineteenth Amendment. In doing so, this Article hopes to better understand the ways that some Black community members understood and viewed the Nineteenth Amendment and how that perception changed. Although in hindsight we understand that the Nineteenth Amendment was not the liberating feat for Black women that it was for white women, what does Black journalistic coverage in the period immediately before and after its passage tell us about the perception of the Nineteenth Amendment and Black women’s enfranchisement at the time? The methodology of this research differs from those used in other historical research regarding Black women’s suffrage. Many historians have focused on understanding Black women’s suffrage through studying individual women’s stories: In her groundbreaking and well-received book Vanguard: How Black Women Broke Barriers, Won the Vote, and Insisted on Equality for All, legal historian Martha Jones says that “by recounting the lives of some of the many Black women who engaged in political fights, the picture of a whole comes into view.” These histories rely on a large variety of historical documents left behind by, and about, individual suffragists and events to gain an understanding of “the picture of a whole.” This Article takes a different approach: it looks deeply at only one set of primary documents—articles printed in the Chicago Defender— to better understand the changes and patterns in community perception revealed through journalistic coverage. This is not counter to the important work of these other historians, who have helped recover the overlooked stories of suffragists of color. Instead, this Article seeks to further our understanding of these stories through a different medium.A Modest Defense of Privacy
The story of the conservative backlash that Roe v. Wade triggered is well known. Less familiar is the pro-choice criticism that the decision elicited. In truth, even among liberals and feminists, the Supreme Court’s decision to ground the right to abortion in a constitutional “right of privacy”…“Pieces of a Woman,” COVID-19, and the Elusiveness of a Good Birth in the United States
This blog post contains mild spoilers for the film “Pieces of a Woman.” In the Netflix original film “Pieces of a Woman,” the protagonist, Martha copes with the aftermath of a disastrous home birth. While the movie is striking in its acting and its dramatization of a real-life experience of…Consenting to Unwanted Sex: A Sociolegal Perspective
This writing is adapted from a comprehensive empirical research study entitled “Power, agency, and emotion work: American college women’s reflections on their heterosexual lives,” as part of a PhD program at the University of Edinburgh Law School. “What if I say no to him and he gets really mad? What…MJGL Volume 27 Issue 2 is Here!
Volume 27 Issue 2 of the Michigan Journal of Gender & Law can be found here, at the University of Michigan Law Library Repository. Here’s a look at the pieces inside the most current MJGL issue: Articles: World Peace and Gender Equality: Addressing…World Peace and Gender Equality: Addressing UN Security Council Resolution 1325’s Weaknesses
The year 2020 marks the twentieth anniversary of the passage of United Nations Security Council Resolution (“UNSCR”) 1325, the most important moment in the United Nations’ efforts to achieve world peace through gender equality. Over the past several decades, the international community has strengthened its focus on gender, including the relationship between gender and international peace and security. National governments and the United Nations have taken historic steps to elevate the role of women in governance and peacebuilding. The passage of UNSCR 1325 in 2000 foreshadowed what many hoped would be a transformational shift in international law and politics. However, the promise of gender equality has gone largely unrealized, despite the uncontroverted connection between treatment of women and the peacefulness of a nation. This Article argues for the first time that to achieve international peace and security through gender equality, the United Nations Security Council should transition its approach from making recommendations and suggestions to issuing mandatory requirements under Chapter VII of the U.N. Charter. If the Security Council and the international community believe gender equality is the best indicator of sustainable peace, then the Security Council could make a finding under Article 39 with respect to ‘a threat to the peace’—States who continue to mistreat women and girls pose a threat to international peace and security. Such a finding would trigger the Security Council’s mandatory authority to direct States to take specific actions. In exercising its mandatory authority, the Security Council should organize, support, and train grassroots organizations and require States to do the same. It should further require States to produce a reviewable National Action Plan, detailing how each State will implement its responsibilities to achieve gender equality. The Security Council should also provide culturally sensitive oversight on domestic laws which may act as a restraint on true gender equality.The Intersection of Wrongful Convictions and Gender in Cases Where Women Were Sentenced to Death or Life in Prison Without Parole
This Note examines National Registry of Exonerations data and discusses the prevalence of false confessions and presence of a child victim in cases of women who were convicted of murder, received a serious sentence, and were later exonerated. After looking at the cases of women exonerated after receiving death sentences or life without parole sentences in light of the prevalence of these factors, this Note argues that examination of the cases reveals that the presence of a false confession or a child victim may have contributed to some of the wrongful convictions where these factors may have led to the women being viewed as having failed to conform to society’s expectations for women. This Note then discusses why evidence that portrayed the women as having violated society’s expectations could not have been excluded at trial and why exclusion in future cases through the rules of evidence or new legislation is challenging. This Note concludes by arguing that an awareness of how gender can contribute to wrongful convictions or the imposition of harsher sentences can help attorneys and judges guard against gender affecting the outcomes of criminal proceedings.Resolutions Without Resolve: Turning Away from UN Security Council Resolutions to Address Conflict-Related Sexual Violence
In 2008, the United Nations first recognized rape as a war crime with the passage of U.N. Security Council Resolution 1820. Since then, the fight against conflict-related sexual violence has become a frequent subject of Security Council Resolutions. But what, if anything, has changed? Wartime sexual violence is still prevalent today and shows no signs of slowing down. This Note argues that Security Council Resolutions are not an effective method to prevent conflict-related sexual violence. The procedural weaknesses in passing Security Council Resolutions and the structure of the Security Council itself may do more harm than good to the efforts to end wartime sexual violence. Instead, this Note finds a solution in an unlikely realm: using voluntary pollution prevention programs as a template to address wartime sexual violence. In examining the parallels between the two issues, this Note suggests a new framework for addressing wartime sexual violence, relying on three factors in particular: adequate and consistent funding to key organizations, regular and credible monitoring of vulnerable communities, and the credible threat of enforcement.