Monthly Archives: May 2022

The Poet Spiel: “Roots”

Here’s a thoughtful poem about endurance from friend-of-the-blog Tom W. Taylor, The Poet Spiel. The times we’re living through make me feel helpless and fatigued. I refresh myself by connecting with the trees, who experience time on a different scale from us humans, and presumably are not as afraid of death, either.

Roots

Not like the stench of that early place,
being downward bound,
insistently struggling toward a skimpy well of doubtful tomorrows,
the leaves of summer wore masks of pain
where roots grew deeper than trees grew tall,

but like that reassuring smell of yesterdays
where no matter how fearful my nightmares had been,
I knew at least that I would waken
and they would end.

The Reactionary Pull of Sacred Texts

I left Christianity because…

…the people who took its mystical, supernatural, and personal transformation aspects most seriously are the people currently turning our country into a fascist theocracy.

…the paradigm of redemptive sacrifice of the innocent was counterproductive to my healing as a child abuse survivor.

…I couldn’t keep fighting for space for my bodily autonomy and human rights in a text that wasn’t designed to include me.

The latter reason is especially salient for me because of the Supreme Court’s leaked draft opinion in Dobbs v. Jackson Women’s Health Organization, which would not only overturn Roe v. Wade but also threatens all the modern precedents founded on a constitutional right to privacy in sexual and family life. As Jonathan Capehart writes in the Washington Post, “Alito’s draft ruling on abortion is a warning to LGBTQ Americans”:

“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely — the Due Process Clause of the Fourteenth Amendment,” Alito writes. “That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be ‘deeply rooted in this Nation’s history and tradition’ and ‘implicit in the concept of ordered liberty.’” This country has a lot of rights not deeply rooted. For instance, the nation is 245 years old, but racial integration is just 57 years old. Marriage equality is nearly seven…

…Alito rips the Roe ruling because “it held that the abortion right, which is not mentioned in the Constitution, is part of a right to privacy, which is also not mentioned.” And Casey, he sneers, is grounded “solely on the theory that the right to obtain an abortion is part of the ‘liberty’ protected by the Fourteenth Amendment’s Due Process Clause.” Theory?

Then Alito casts aspersions on the cases the court used in its Casey ruling to justify that liberty “theory.” Among them are Loving v. Virginia (legalized interracial marriage) and Griswold v. Connecticut (guaranteed access to contraception). He also hammers away at the “theory” by taking aim at post-Casey decisions such as Lawrence v. Texas (decriminalized consensual sex between adults) and Obergefell.

Robyn (@hmntre) on Twitter puts it succinctly: “Love the argument that we can’t have rights because we have a deeply rooted history of not having rights.“

TechFreedom think tank editor @JasonKuznicki expands on the reactionary implications of tradition-based jurisprudence in this thread. “You know what’s really deeply rooted in history? The absolute rule of a father over all the members of his family… The more we privilege deep roots in history, the more weight we have to give to some terribly illiberal ideas. Rights for white people have deeper roots than rights for black people, and no amount of time can change that.”

The Religious Right’s legal theories and Biblical interpretive method are identical. Notwithstanding the anarcho-communist messages you can easily draw from Jesus’s words and actions in the gospels, the primacy of Scripture in Christianity is structurally reactionary for the same reasons that Constitution-worship produces slow, stingy, and inconsistent recognition of the civil rights of people who aren’t white Christian male citizens. In both cases, empathy and political representation are circumscribed by how much permission you can wring out of a text from an era when you weren’t considered fully human.

I’m not saying we should scrap the Constitution, but that we shouldn’t interpret it as though preserving the past is more important than flourishing in the present.

May Links Roundup: Courting Fascism

I had a whole list of links to recommend this month, and then Politico broke the story today about the leaked Supreme Court draft opinion that seems likely to overturn Roe v. Wade. As feminist journalist Jude Doyle lays out in chilling detail in “We Have Entered the ‘Anti-Gender’ Endgame” at Medium, the Court’s proposed radical rollback of the right to privacy would jeopardize all of the LGBTQ civil rights and reproductive healthcare protections we’ve relied upon in the past 50 years:

We are not going back to the way things were before legal abortion. We are going somewhere much worse.

After Roe is overturned, abortion will become illegal in all or most circumstances in 21 states. The “right to privacy” on which Roe hinges was established in an earlier case,Griswold v. Connecticut, which established the right to contraception; Alito specifically names Griswold as a faulty ruling, and it will almost certainly be overturned as well, making birth control illegal. This might not immediately inspire panic — why not just go to a safe state to get your abortion or your IUD? — but the states that pass abortion bans will also pass travel bans. If you leave home pregnant and come back otherwise, that itself will be illegal…

Griswold also formed the basis of Obergefell v. Hodges (the right to marry someone of the same gender) and Lawrence v. Texas (the right to have queer sex, ever, at all, without being criminalized). If there is no “right to privacy” and no sovereign right to control one’s healthcare decisions, then bans on HRT and gender-affirming surgery for adults are within the realm of realistic possibility; anti-trans advocates like Abigail Shrier have been obsessively framing transmasculine transitions in particular as attacks on the “fertility” of “young women,” and anti-choice legislation will likely sharpen the attacks on transition care across the board.

We need to make these connections now, because our enemies are already making them. Alito is overturning Roe, not just on the basis that the decision was faulty, but because any “unenumerated right” — that is to say, a right that can be safely assumed on the basis of the Constitution, but which is not specifically named within it — must be “grounded in U.S. history and tradition” in order to be valid. Gay marriage, gay sex, youth transition, any transition, interracial marriage, domestic partnership without marriage, abortion. contraception, or simply not being forcibly sterilized and/or detransitioned by the state — none of this is safe. None of this is “traditional.” All of it is on the line.

I don’t have any brilliant political advice except: Solidarity. Harvey Milk understood this when he built coalitions between labor unions and gay-rights activists. A lot of us have fallen into a traumatized pattern where we resent other groups’ struggles for drawing attention away from our own; this is often the root of lesbian-feminist qualms about transgender issues, for instance. We can’t allow ourselves to be split apart this way anymore.

Along those lines, Jewish Currents ran a thought-provoking essay by Eli Rubin called “The Soul of the Worker”, rediscovering a 1940s Chabad author’s fiction lamenting the cultural opposition between Jewish observance and modern socialism. Marx’s anti-religious attitude isn’t the only possible path for the Left to take. There are interesting parallels here to American Christians’ fears that secularism and liberalism go hand in hand, such that progressive policies are perceived as an attack on faith. Rubin explains:

[C]ontemporary Chabadniks are likely to associate socialism with their inherited memories of Soviet persecution. Thousands can recount stories of grandparents and great-grandparents who were shot or sent to the Gulags for practicing and perpetuating their Jewish way of life… Given this background, it is understandable that contemporary Chabadniks often respond to any invocation of socialism with suspicion, or even fear. This reflex is part of a broader matrix of factors that skews political inclinations among Hasidic Jews to the right, so that when it comes to the ballot they tend to be more aligned with political elites than with working people whose interests might appear much closer to their own.

My alma mater is making both symbolic and material changes to reckon with the exploitative sources of its wealth. Lydialyle Gibson describes a new report on “Harvard’s Slave Legacy” in our alumni magazine.

The report—deeply researched and heavily footnoted, the culmination of a years-long effort—lays out the findings and recommendations of the Presidential Committee on Harvard and the Legacy of Slavery, formed in 2019 by President Lawrence S. Bacow, to study the University’s entanglements with slavery and its enduring consequences. (The report, recommendations, and other primary materials can be found on the project’s website, also unveiled today.) Those entanglements with slavery were in some cases very direct: the committee found records of at least 79 people who were enslaved by Harvard presidents, overseers, and faculty and staff members before the practice was outlawed in Massachusetts in 1783—many more than had been previously known. (Two of their tombstones stand in the Old Burying Ground across from Harvard Yard: a woman named Jane who was enslaved by Harvard steward Andrew Bordman—who owned at least eight people—and a woman named Cicely, enslaved by University tutor, fellow, and treasurer William Brattle.) In other cases, the links were financial or intellectual; the University benefited enormously from the slave trade, for example, through investments and donations, and Harvard scholars promoted racist ideas that underpinned slavery and other racial hierarchies.

We Northerners like to think of slavery as a Southern institution, but the ugly truth is that our elite universities, businesses, and cultural treasures were also built on wealth from these atrocities:

One of the strongest connections the 130-page report draws is between the University’s early growth and prosperity and the slave trade, first in the Caribbean and later in the American South. The colonial era’s economic alliance with the sugar islands of the West Indies—trading New England food, fuel, and lumber for Caribbean tobacco, coffee, and sugar produced by enslaved Africans (or for slaves themselves)—“effectively made Boston a slave society,” according to historian Wendy Warren, quoted in the report. That description included Harvard: “For roughly a century, Harvard had operated as a lender,” the report states, “and derived a substantial portion of its income from investments that included loans to Caribbean sugar planters, rum distillers, and plantation suppliers. After 1830, the University shifted its investments into cotton manufacturing, before diversifying its portfolio to include real estate and railroad stocks—all industries that were, in this era, dependent on the labor of enslaved people and the expropriation of land.”

In addition to renaming buildings and so forth, Harvard says it’ll invest actual money in supporting Black and Indigenous communities that are impacted by slavery and colonialism. It’s hoped that they will also return human remains and photographs of slaves from their science and anthropology collections to the descendants of the people involved.

Do you need something positive to keep you alive despite all this bad news? You should be watching “Our Flag Means Death” on HBO, a pirate rom-com series where everyone is queer and that’s not even an issue. It’s really a show about two middle-aged men who tenderly, ridiculously, bravely start to overcome the toxic masculinity that teaches us that affection is for sissies. Check out this interview with creator David Jenkins at The Verge, and this appreciation essay from Maya Gittleman at Tor.com, “Act of Grace: Masculinity, Monstrosity, and Queer Catharsis in Our Flag Means Death“. (There are some spoilers, so watch the show first.)

Then check out Sam Herschel Wein’s funny and pointed poem at Waxwing Literary Magazine, “I’m tired of the gays, bring me a Grade A Faggot”:

…if I had a jockstrap for every jockstrap
that didn’t know how to properly love
a body. I’m giving up on the gays because
they’re too interested in just being men,
in just shoving in and bonk bonk bonk
like I’m not even there beneath them.
delight in me.