Tag Archives: Justice

Happy Birthday, Dr. King

15 Jan

Martin Luther King Jr. Memorial(Image by PBS Newshour used under CC 2.0 via)

  

Almost countless quotations by Martin Luther King, Jr. are as apt as ever today, but I have been most recently stirred by the following passage from his Letter from a Birmingham Jail:

I must confess that over the past few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro’s great stumbling block in his stride toward freedom is not the White Citizen’s Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to “order” than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: “I agree with you in the goal you seek, but I cannot agree with your methods of direct action”; who paternalistically believes he can set the timetable for another man’s freedom; who lives by a mythical concept of time and who constantly advises the Negro to wait for a “more convenient season.” Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection.

I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. I had hoped that the white moderate would understand that the present tension in the South is a necessary phase of the transition from an obnoxious negative peace, in which the Negro passively accepted his unjust plight, to a substantive and positive peace, in which all men will respect the dignity and worth of human personality. Actually, we who engage in nonviolent direct action are not the creators of tension. We merely bring to the surface the hidden tension that is already alive. We bring it out in the open, where it can be seen and dealt with. Like a boil that can never be cured so long as it is covered up but must be opened with all its ugliness to the natural medicines of air and light, injustice must be exposed, with all the tension its exposure creates, to the light of human conscience and the air of national opinion before it can be cured.

 
 

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White Woman Sues Spermbank for Accidentally Giving Her Black Donor’s Sperm

5 Oct

Unity in Diversity(Image by Fady Habib used under CC 2.0 via)

 

Man, we can’t go two months without some couple making headlines over a baby they didn’t plan for. An Ohio woman named Jennifer Cramblett is suing a spermbank for impregnating her with the contents of a vial different from the one she selected. The mix-up resulted when a clerk misread Vial 330 as “380.” Her lawsuit reads:

On August 21, 2012, Jennifer gave birth to Payton, a beautiful, obviously mixed race, baby girl. Jennifer bonded with Payton easily, and she and [her partner] Amanda love her very much. Even so, Jennifer lives each day with fears, anxieties and uncertainty about her future and Payton’s future. Jennifer admits that she was raised around stereotypical attitudes about people other than those in her all-white environment. Family members, one uncle in particular, speaks openly and derisively about persons of color. She did not know African Americans until her college days at the University of Akron.

Because of this background and upbringing, Jennifer acknowledges her limited cultural competency relative to African Americans, and steep learning curve, particularly in small, homogeneous, Uniontown, which she regards as too racially intolerant.

As just one example, getting a young daughter’s hair cut is not particularly stressful for most mothers, but to Jennifer it is not a routine matter, because Payton has hair typical of an African American girl. To get a decent cut, Jennifer must travel to a black neighborhood, far from where she lives, where she is obviously different in appearance, and not overtly welcome.

One of Jennifer’s biggest fears is the life experiences Payton will undergo, not only in her all-white community, but in her all-white, and often unconsciously insensitive, family. Despite her family’s attempts to accept her homosexuality, they have not been capable of truly embracing Jennifer for who she is. They do not converse with her about her gender preference, and encourage her not to “look different,” signaling their disapproval of her lesbianism.

Though compelled to repress her individuality amongst family members, Payton’s differences are irrepressible, and Jennifer does not want Payton to feel stigmatized or unrecognized due simply to the circumstances of her birth. Jennifer’s stress and anxiety intensify when she envisions Payton entering an all-white school. Ironically, Jennifer and Amanda moved to Uniontown from racially diverse Akron, because the schools were better and to be closer to family. Jennifer is well aware of the child psychology research and literature correlating intolerance and racism with reduced academic and psychological well-being of biracial children.

Family planning is so endlessly complicated that any law-abiding individual seeking privacy deserves it. But Cramblett is going public with her pursuit of compensation for emotional distress and therein invites judgment. John Culhane writes at Slate that this sort of blunder is bound to happen in the free market of assisted reproductive technology. Julie Bindel at The Guardian warns of a creeping let’s-get-a-designer-baby approach to parenting among those using IVF. “Just remember,” she writes. “If the child you end up with does not exactly fit your ideal requirements, you can’t give it back – and nor should you even suggest that something bad has happened to you.”

Do parents have the right to be guaranteed certain kinds of children? Those pursuing parenthood via sperm donors, egg donors, or adoption have much more freedom to decide against certain kinds of children than those using nothing but their own biology. The application for becoming an egg donor in New York contains over one hundred invasive questions about family and medical history, as well as education, favorite sports, artistic talents and “additional characteristics” such as “cleft chin, full lips, big eyes, or high cheekbones.” Applicants are required to submit three photos “that shows [sic] your face and/or body type clearly.”

I understand why such questions are asked. Many if not most parents already know such things about those involved in producing their child, so why shouldn’t the IVF parents be allowed to know? If my partner and I were to join their ranks, what sort of donor profile would seem most appealing to us? Deciding upon something inherently entails deciding against something else. Nevertheless, it is hard not to see this tick-the-box approach to baby-making as eugenic. How many parents would accept my eggs, with their 50% chance of passing on achondroplasia? How many would sue if someone accidentally got them without asking for them?

Parents seeking to adopt children here in Germany are asked what kind of children they would and would not like to have before they look at profiles. For example, do you mind if your children look extremely different from you? What about physical disabilities? Mental disabilities? Drug addiction? In an interview with a family whose two children were adopted, I was told that the agencies encourage prospective parents to be utterly frank about their fears and prejudices – that an insistence along the lines of, “We can handle anything!” will sound suspiciously naïve.

Such brutal honesty strikes me as reassuringly well-informed, perhaps the result of infamously ideological parents like Josephine Baker or Jim Jones, who flaunted their rainbow families at the expense of the children’s individuality. Reading Cramblett’s descriptions of her relatives’ hurtful reactions to her sexuality, I can sympathize with the feeling that battling one kind of bigotry can be hard enough. Everyone deserves to live free from the unnecessary pain of bigotry. But if we’re going to be suing someone, wouldn’t it be more logical to file complaints against those who make her daughter feel stigmatized and unrecognized? Surely they’re the ones causing “emotional distress.”

While the spermbank does appear to have erred out of negligence and may be at fault, would awarding Cramblett for “emotional distress” not set a precedent and open the door for endless lawsuits over the births of minority children parents did not explicitly wish for? My parents had a 1 in 40,000 chance of producing a child with achondroplasia, as does anyone reading this. (That is, unless you already have achondroplasia.) Should doctors warn every prospective parent of those odds? Should they warn us of the chance for racial atavism? If homosexuality proves to be genetically determined, will parents have a right to sue doctors who fail to remind them of the risk? The very idea of being financially “compensated” for emotional distress is often silly to those of us who know from firsthand experience how vastly unreliable life can be.

Legal decisions aside, my primary hope is that Cramblett and her partner will explain the lawsuit to her daughter in a way that does not cause her to feel any more conflicted about her extraordinary appearance than her relatives’ racist views already do.

 

 

CPS: The Sticky Business of Not Minding Your Own Business

20 Jul

(Via)

 

A South Carolina woman was arrested earlier this month for allegedly letting her 9 year-old daughter play alone in the park while she went to work at McDonald’s. The mother had given her daughter a cell phone for safety’s sake, but a concerned stranger’s call to Child Protective Services led to the mother’s incarceration and loss of custody. Bloggers on both sides of the political spectrum are outraged over what they are calling a case of helicopter parenting gone mad. On Twitter, stories of “When I was a kid…” abound.

I wholeheartedly share their shock and dismay. (Seriously, couldn’t CPS have merely talked to the mother and helped her find a friend or a caregiver whose home could be a base for the girl during mom’s eight-hour shift?) But I am concerned about the mounting vitriol aimed at those whose job it is to protect the child. I grew up among social workers. And these bloggers, while rightfully critical, are failing to acknowledge that the mind-your-own-damn-business mentality they advocate is exactly what prevails in societies where everyone looks the other way when a child is neglected or abused.

Of course there are terrible social workers out there, just as there are those to be found in any profession who should really be working elsewhere. More importantly, it is dangerous to pretend that institutionalized xenophobia does not exist. A 2012 report revealed ableism appears to be a tremendous problem at CPS, with many disabled parents living in fear of being declared incompetent by social workers with a poor understanding of their abilities. In the South Carolina case, it seems reasonable to postulate that two of the American South’s most infamous cultural institutions—classism and authoritarianism—are what led to a cruel and unusual punishment doled out for what was, at best, a misdemeanor by a working mother.

But while attention to this case is warranted, news outlets tell real-life tales of wrongly accused parents to such an extent that one would assume most actions by CPS are unjustified. The media bias tends toward parents because parents are legally allowed to talk publicly about their children. Were a social worker to attempt to tell his side of story, he would be breaking the law. And children and families grateful to CPS for repairing broken homes rarely head to their local news station to rehash their past personal struggles.

We must acknowledge and condemn every instance of misconduct by social workers, just as we must acknowledge and condemn every case of medical malpractice, and of police brutality. But unlike doctors or police officers, social workers do not enjoy a wealth of Hollywood blockbusters and TV shows glamorizing what they do. Most portrayals in film and on television are fiercely unflattering: from the soulless bureaucrat too obsessed with rules to know love when she sees it, to the more sinister instrument of a government conspiracy to threaten political dissidents by taking away what they hold most dear. These stereotypes invariably evoke sympathy for the devastated parents and children, who wish those heartless busy-bodies would just learn to stay out of other people’s business. Rarely are social workers featured fighting the good fight.

And yet, that’s what they are there to do. Not to get a thrill from ripping crying kids away from their distraught parents, but to listen to every member of the family until they understand the source and extent of the problem. While pop culture promotes individual therapy as a path to wellness on par with yoga or meditation, the idea of family therapy tends to be seen as an outrageous invasion of privacy imposed by some glaring ice queen who is just waiting for the parents to slip up. Yet adept social workers know that the parents of neglected children sometimes have significant learning disabilities or were the victims of abuse themselves. When funding allows, parenting courses are available for those who have a hard time remembering how often diapers need to be changed, or that there are often alternatives to screaming and spanking. Adept social workers also know that neglected children are often overly forgiving of an abusive loved one, just as victims of domestic violence often are. And adept social workers know that children are far more likely to be abused, molested, or kidnapped by a member of their family than by a stranger. As with women, the most dangerous place for a child is their own home.

When I was an 11 year-old on Long Island, there was a report that a girl my age named Katie Beers had been kidnapped from a local arcade where I’d attended birthday parties. The perpetrator turned out to be a friend of the family, who kept her locked in his basement for 17 days. When he broke down and confessed to police, Beers was not returned to her mother, but placed in a foster home. I clearly remember the mother’s tearful face plastered across the headlines: “I just got her back and now they’re taking her away from me!” CPS investigators had discovered that, prior to the kidnapping, Beers’s mother had left her for years in the care of her godparents, where she was treated “like a slave” and repeatedly raped by her godfather. Beers writes today that she was ultimately relieved to be placed in foster care and that, had she not been taken out of her home, she never would have graduated high school, let alone college.

When it comes to the legal rights of the child versus the rights of the parent, the court of public opinion will always be fueled by vitriol. Family court, of course, should transcend this, putting reason and research first and foremost. CPS is undoubtedly rife with problems, many due to its miserable lack of funding. But we as a society will never put forth a sincere effort to endow social workers with enough funding to do their job well until we truly value what they do in the first place.

 

* Please note that while my sympathy for the social worker’s perspective is inspired by what I’ve learned from those I know, the views and conclusions expressed here are mine and mine alone.

 

 

What’s Privilege?

7 Oct

(Via)

 

This week I led a workshop about teaching pre-school children about diversity.  I started by asking the teachers what privilege is, and I got the same answer a family member had given just days before: “Privilege is what people who are really lucky have.  Like being born into a rich family, going to nice schools, or even just being exceptionally good-looking and therefore having an easier time of it.”

It is interesting that so many seem to be under the impression that privilege and luck are what extremely well-off people have.  Privilege does belong to anyone whose place in society is considered “better than normal,” but also to anyone whose place is considered simply “normal.”  As said before, privilege is granted by society to certain people based on things we had absolutely nothing to do with: our gender identity, our ethnicity, our sexuality, our physical traits, our mental capabilities, our class background.  That is why any privilege—like any form of disenfranchisement—is unjust.     

In the workshop, I read off the following list of statements that illustrate privilege to the participants who were lined up in a row.  (It’s a hodge-podge of original statements and ones taken from privilege activities created by Peggy McIntosh, Earlham College, and the Head Start Program.)  Anyone for whom the statement was true could step forward.  Anyone else had to stay behind.  All of us in the group stepped forward at least half the time.  You can see for yourself where you would have ended up: 

 1)      I always felt safe in my neighborhood as a child.

2)      If I wish to, I can be with people of my race/ethnicity most of the time.

3)      I never have to plan how to reveal my sexual orientation or gender identity to friends, family, or colleagues.  It’s assumed.

4)      I can go out in public without being stared at.

5)      I participated in extracurricular activities as a child (swimming, football, ballet, piano, yoga, painting, etc.).

6)      I can easily buy posters, picture books, dolls, toys and greeting cards featuring people of my race.

7)      I can wear a skirt, a dress, jeans, or pants, without anyone staring or asking me to explain my choice.

8)      In school, I could always take part in whatever activity or games the class was assigned.

9)      None of my close friends or family has ever been arrested.

10)  Rarely have I been asked to explain why my body looks the way it does or why I move or speak the way I do.

11)  I have never worried that I might not be able to afford food.

12)  When I learned about “civilization” in school, I was shown that people with my skin color made it what it is.

13)  I have never heard of someone who looks like me being given up for adoption or aborted because of it.

14)  Who I am attracted to is not considered a political issue.

15)  I attended a private school.

16)  I am never asked to speak for everyone in my ethnic group.

17)  I can find colleges that have many people from my class background as students.

18)  I can criticize our government without being seen as an outsider.

19)  My family never had to move for financial reasons.

20)  If I am assertive, it is never assumed that it comes from my need to “compensate” or struggle with my identity.

21)  When I was a child, I never had to help my parents at their workplace regularly.

22)  When I talk about my sexuality (such as joking or talking about relationships), I will not be accused of “pushing” my sexuality on others.

23)  If I make a mistake or get into trouble, I am usually judged as an individual, not as an example of people who look like me.

24)  I can go for months without being called straight, heterosexual, or cis.

25)  I can use public facilities (store shelves, desks, cars, buses, restrooms, and train or plane seats) or standard materials (books, scissors, computers, televisions) without needing help or adaptations.

26)  When I dress for a formal event, I don’t worry about being accused of looking too dolled up or not pretty enough.

27)  As a child, I never had to help care for a family member.

28)  When I watch family advertisements for food, medicine, clothing, games and toys, the families on TV usually look like mine.

29)  I grew up feeling I could be whoever or whatever I wanted.

30)  I have never been asked, “What do [people like] you like to be called?”