New Clear Vision

Can There Be Justice When Women Fight Back?

by Victoria Law

What do a nineteen-year-old lesbian from New Jersey, a 23-year-old trans woman in Minneapolis and a 31-year-old mother in Florida have in common? All three were attacked, all three fought back and all three were arrested. All three are currently in prison while their attackers remain free. Oh, yes, and all three are black women.

Marissa Alexander is a 31-year-old mother of three. She is also a survivor of violence at the hands of her ex, Rico Gray. In 2009, Alexander obtained a restraining order against Gray. Learning that she was pregnant, she amended it to remove the ban on contact between her and Gray while maintaining the rest of the restraining order. (more…)

Rape, Patriarchy, and the Bomb

by Robert C. Koehler

“Every sperm is sacred. . .” Todd Akin could have worked on the script for the 1983 Monty Python movie, The Meaning of Life: “If it’s a legitimate rape, the female body has ways to try to shut that whole thing down.”

But wait, there’s more. “But let’s assume that maybe that didn’t work or something,” the Missouri Senate candidate said in his recent, now infamous TV interview. “You know, I think there should be some punishment, but the punishment ought to be at the rapist and not attacking the child.”

This is where I heard the bell toll. He hypothesizes that the rape is “legitimate” but the woman manages to get pregnant anyway. So punish the rapist, he says, not “the child” (i.e., embryo) by, presumably, allowing it to be aborted. Who hovers in utter irrelevancy in this scenario? The woman. She’s no more than a fertile medium for the rapist’s “child” and has no say in what should happen next.

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Fighting for Reproductive Justice for Women in Prison

by Tina Reynolds and Victoria Law

“I never thought of advocating outside of prison. I just wanted to have some semblance of a normal life once I was released,” stated Tina Reynolds, a mother and formerly incarcerated woman. Then she gave birth to her son while in prison for a parole violation:

“When I went into labor, my water broke. The van came to pick me up, I was shackled. Once I was in the van, I was handcuffed. I was taken to the hospital. The handcuffs were taken off, but the shackles weren’t. I walked to the wheelchair that they brought over to me and I sat in the wheelchair with shackles on me. They re-handcuffed me once I was in the wheelchair and took me up to the floor where women had their children.

“When I got there, I was handcuffed with one hand. At the last minute, before I gave birth, I was unshackled so that my feet were free. Then after I gave birth to him, the shackles went back on and the handcuffs stayed on while I held my son on my chest.” (more…)

Human Rights and Dignity Are Larger than the ‘Jobs Issue’

by Jerry Elmer

On May 7, North Carolina voters, by a margin of over 20 percentage points, approved an amendment to the state’s constitution banning same-gender marriages. In the days leading up to the vote, former President Bill Clinton recorded a robocall to North Carolina voters, urging voters to vote against the proposed constitutional ban. Clinton’s message said, in relevant part, “I’m calling to urge you to vote against Amendment 1 on Tuesday, May 8…. What it will change is North Carolina’s ability to keep good businesses, attract new jobs, and attract and keep talented entrepreneurs. If it passes, your ability to keep those businesses, get those jobs, and get those talented entrepreneurs will be weakened.”

I understand completely why President Clinton framed his argument in terms of jobs. Clinton was trying to think of an argument that would be persuasive, and in today’s economy, economic arguments have weight. Moreover, Clinton’s argument had the added benefit of being factually accurate; states that have enacted marriage equality, such as Vermont and Massachusetts, are benefiting economically from an upswing in marriage tourism. So, Clinton is making a sincere effort to be politically persuasive on a controversial issue — and he is doing so by telling the truth. I get it. (more…)

Points of Agreement on the Right and the Left?

by Diane Lefer

Civil rights attorney Michelle Alexander reported in her book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, that largely as an intentional consequence of the war on drugs, there are more African American men under correctional control now than were enslaved in 1850. People of color have been rounded up en masse for relatively minor, non-violent drug offenses. Alexander concluded all this came about in part as a strategy to deprive African Americans of rights, including the right to vote.

William J. Stuntz, Harvard Law professor, evangelical Christian and self-identified conservative (who sadly died much too young, before his book, The Collapse of American Criminal Justice, was published in 2011) argued that black people are disproportionately imprisoned because they commit more crimes, that incarceration rates have risen in part because the system used to be too lenient, that incarceration keeps at least the incarcerated from committing more crimes, and that police carry out drug sweeps in certain neighborhoods as a strategy to get gang members off the streets when threats against witnesses and the no-snitch culture create daunting obstacles to the arrest and prosecution of violent criminals. (more…)

End of Life Doesn’t Have to be Drawn-Out and Meaningless

by Curtis Johnson

I’m spending my final days among the Monarch butterflies in Pacific Grove, CA. Their life cycle dictates that they will die here in February. They have no choice. I too will die soon.  For I have rapidly progressing ALS.  There is no cure in sight and it is 100% fatal. Yet, unlike the Monarchs, I have a legal choice as to the timing of my death, at least in the state of Washington.  That choice, however, is seriously compromised in my case.

That I have a qualified choice at all is because a few years ago compassionate, progressive liberal and libertarian voters in this state approved an initiative allowing for assisted suicide, or Death with Dignity (DWD) for individuals with terminal illnesses.  Problem is, the level of assistance is minimal. It has to be self-administered. So ‘assisted’ is a misnomer.  It renders the law completely useless for those who most need it.

In those few states, neighboring Oregon being one of them, statistics show the annual exercise of DWD to be in the low single digits.  Most people with terminal illnesses don’t consider it out of ignorance or for religious reasons. (more…)

Tim DeChristopher and the Defense of Necessity

by Jerry Elmer

Tim DeChristopher is the environmental and climate-change activist who was recently sentenced to two years in federal prison for an act of public, nonviolent civil disobedience.  On December 19, 2008, DeChristopher disrupted a federal auction in Utah of oil and gas drilling lease rights.  DeChristopher participated in the auction, openly and publicly, posing as a real bidder.  His high bids won rights to 14 separate parcels totaling 22,500 acres of land, for $1.8 million.  DeChristopher had no intention of paying; he had scooped the parcels as a means of making a dramatic public statement about the dangers of climate change. DeChristopher follows a long and noble tradition of civil disobedience that includes other practitioners such as Thoreau, Gandhi, and Martin Luther King, Jr. (more…)