Showing posts with label Gay Rights. Show all posts
Showing posts with label Gay Rights. Show all posts

Friday, April 25, 2008

Invisibility

Cross-posted at Female Impersonator

A huge topic in Feminism is the claim that minorities and women are invisible in our society. The default "human position" is male. When reading something in which the author is not specified, the average American assumes that the author is male. If the author is female, of color, or homosexual, we praise it as a "fine piece of work by X minority". In short, a white man can publish a book and be praised for his contribution to academia, while a woman, person of color, or any other minority is primarily identified by that minority specification, not their accomplishments. Their contribution is something that belongs to a collective, whereas a white male's work is attributed solely to him, not to his unstated group membership.

Being a Feminist, I abhor when the majority subconsciously classify the words of a "minority" as representative of that minority group. It creates this sort of "otherness" in which we are all hyper-aware of race, gender, and sexual orientation because it seems to be known as the most important facet of one's identity.

However, when this identity is not stated, we simply assume that someone is a straight white male. Perhaps we might think the tone is sufficiently feminine, and then we consider that the author is a woman. Unless a piece of literature specifically alludes to homosexuality, race, or religion, we assume that the author is heterosexual, Christian/Atheist, white, and usually male.

I, just as much as the rest of you, am equally guilty. I subconsciously make distinctions of "otherness" when reading something by a woman, a homosexual, or, for instance, a Muslim. I make insensitive comments even about my own gender unknowingly because I grew up in a society that counts privelege and many different bigotries as a standard part of socialization.

What I really do not like about the mainstream Feminist movement is that it ignores a lot of these intersections of privelege. We do discuss issues that affect all women, but I have noticed that when we discuss relationships we always seem to discuss them in the context of heterosexuality. Among other things, we generally do not touch issues facing South American women or Middle Eastern women, or concentrate on the inequities facing a "stay at home Mom" or a particularly poor woman.

More than anything, however, I notice the assumption of heterosexuality. As a bisexual female, many of the discussions in the context of heterosexuality do not apply to me at all. A huge portion of my identity is not covered by mainstream Feminism, although I do not think it is by design. The pursuit of a feminist relationship between two women is not absent of its pitfalls. Absent, however, from the usual columns on how to craft a feminist relationship is any mention of homosexuality, polyamory, or transgenderism.

I only thought of this recently because of the discussions surrounding Amanda Marcotte's racially offensive illustrations in It's a Jungle Out There. Privilege very often results in a subconscious prioritization of issues. I see that many feminists place women's issues above racial issues and gay rights frequently. It is not appropriate to demonize the privileged, because we all are in our own way, but it is useful to point it out.

I suppose then that this is my two-bits. I would like to see a lot more about gay issues under the Feminist umbrella, not only because both are important to me, but I think that it is instrumentally important that Feminists remain cognizant of all types of priviledge, especially those types we might unknowingly further.

For what it counts, I suppose this is a bizarre sort of post that I write more as a minority than a majority. Considering my educated whiteness, this is a rare state for me. The fact still remains that when I write, I do so knowing that all of my readers assume that I am heterosexual. This is both a blessing and a curse. One day, I hope that my invisibility as someone who is not heterosexual will be obsolete.

Friday, April 18, 2008

Fair Pay and the Equal Rights Amendment

Cross-posted on Female Impersonator

On behalf of Blog for Fair Pay Day, I reflected on the considerable resistance to legally prohibiting sexism in the work place. There are several acts and amendments being considered by our legislators, one of which is the Lilly Ledbetter Fair Pay Act briefly covered in Lindsay's post.

However, when I was first informed of this "Blog for Fair Pay" event, I did not think of the Fair Pay Act; I did not even know it existed. What immediately came to mind is the Equal Rights Amendment (ERA), which has been introduced in every session of Congress since 1923. If passed, our 28th Amendment would read:


Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.

Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.


Our 110th Congress (2007-2008) has introduced the amendment as S.J. Res. 10 and H.J. Res. 40.

This amendment, over eighty years in the making, would finally grant women equal rights in all legal matters as guaranteed by the federal government. Currently, various states do grant various legal protections by law, but the fact remains that not only is there no federal amendment barring discrimination by sex and not since 1972 has the amendment passed both houses of Congress.

The federal ERA would prohibit states from restricting state-funded abortions differently from other "medically necessary" procedures sought by men. This interpretation of the ERA was upheld in 1998 when the New Mexico Supreme Court found that the state's ERA required that Medicaid pay for abortions. Justice Minzer ruled:


New Mexico's Equal Rights Amendment requires a searching judicial inquiry to determine whether the Department's rule prohibiting state funding for certain medically necessary abortions denies Medicaid-eligible women equality of rights under law. We conclude from this inquiry that the Department's rule violates New Mexico's Equal Rights Amendment because it results in a program that does not apply the same standard of medical necessity to both men and women, and there is no compelling justification for treating men and women differently with respect to their medical needs in this instance.


Furthermore, opponents have argued that an ERA would require the legal recognition of same-sex marriages because the amendment would prohibit any legislation that bars participation from a legal contract on the basis of gender. Other considerations that have defeated the bill are claims that an ERA would draft women, prohibit same-sex schools, and require that women serve on the front lines of the armed forces.

It is instrumentally important that we urge our legislators to pass the federal ERA, especially if the amendment could finally guarentee women's right to contraceptives and abortion once and for all. Luckily, twenty-one states already have an ERA on the books: Alaska, California, Colorado, Connecticut, Florida, Hawaii, Illinois, Iowa, Louisiana, Maryland, Massachusetts, Montana, New Hampshire, New Mexico, Pennsylvania, Texas, Utah, Virgina, Washington, Wisconsin, and Wyoming. Unfortunately, twenty-nine states, despite attempts, do not have an ERA, including my home-state of lovely Arizona (one of the few states that did not ratify the federal ERA when it passed both houses in 1972).

Today, as we reflect on the necessity of Fair Pay, and our outrage that income is still so variable upon gender and race, we should remember that not only have some legislators curtailed our right to object to unequal pay, they have defeated the ratification of an amendment that would grant us equality under law repeatedly for over six centuries.