Mended Souls, Better Than New


A friend who is a sexual abuse survivor loaned me Renee Fredrickson’s Recovered Memories to help me be a better ally and represent these issues more accurately in my creative writing. I’d like to share these words from the book’s final chapter, as an inspiration to anyone recovering from trauma.

On display in the Freer Museum in Washington, D.C., are ancient Zen ceremonial bowls renowned for their delicate beauty and fine craftsmanship. Over generations of use these lovely porcelain bowls became cracked and chipped, and some had whole pieces missing. Rather than being discarded or devalued because of the damage, the porcelain was repaired with gold. The gold adds strength, beauty, and value to the bowls, and the sacred bowls are marvelously enhanced by the repair process.

So it is with survivors. You were damaged as you grew up, and the more abusively you were handled, the greater the damage. When you undertake to repair this damage, you replace bitterness and sadness with understanding and healing. You become stronger and more resilient when change comes. You grow kinder to yourself and more compassionate toward those you love. You, like the sacred bowls, are enhanced rather than diminished by the repair process. (pg.225)

(See images of repaired Zen bowls here and here.)

Gender-Policing Ron Paul


My best friend from Harvard is gradually winning me over to support Ron Paul’s presidential candidacy over Obama’s. The feisty libertarian is holding his own in the GOP race despite derision from self-styled experts in both parties and some suspicious poll-doctoring by the major news networks. Anyone with so wide a range of ideological enemies is probably putting his finger on some uncomfortable truths about our country’s asset bubble, military over-spending, creeping police state, and substitution of “culture wars” for genuine solutions. The site Ron Paul Myths gives a good overview of his actual positions and how they’ve been misrepresented.

This morning my friend called my attention to this generally favorable Washington Post article, which nonetheless treats the Texas congressman as something of a sideshow act. As Hillary Clinton found, gender-policing is one of the tools that commentators use to undermine a candidate, making it seem ridiculous, even unnatural, for this person to inhabit the office of Big-Daddy-in-Chief. Because we’ve unconsciously imbibed these stereotypes for so long, we don’t even realize the commentary is biased.

From the headline, “Ron Paul’s slight stature and high-pitched passions set him apart at debates”, a suspicion of effeminacy is cast over everything that follows. (Not that I perceive anything wrong with effeminacy, but most readers would.) Though the piece fairly summarizes his positions, and notes that he has the most enthusiastic supporters of all the GOP candidates, we’re told that “experts” have written him off, in part because he doesn’t perform masculinity in the same way as Romney and Gingrich. The article mentions his “high-pitched voice”, “smaller” and “weaker” build, and “excitable hands”. Hello, Dolly!

The reporter, Sarah Kaufman, isn’t actually saying that she thinks these traits make him un-presidential–merely acknowledging that the hypothetical average voter could feel that way. Nonetheless, by pointing out Paul’s image problem without discussing sexism as a factor, the article subtly perpetuates these slurs.

Ron Paul, you just became the queer candidate.

Thoughts on Transgender Day of Remembrance


Apologies for the blog hiatus. 30 Poems in November is kicking my butt. (Donate here to raise funds for literacy education.) More original content will be posted soon.

Meanwhile, I would like to share these eloquent words from Natalie at the Skepchick blog about the importance of today’s Transgender Day of Remembrance. Activists estimate that over 100 transgendered people are murdered each year in hate crimes. This is in addition to the other violence, discrimination, and sensationalized misrepresentation in the media that transpeople endure on a regular basis. On a more positive note, though, Massachusetts finally passed a bill to add some protections to our civil rights law for gender identity and expression. The compromise legislation now bans discrimination in employment, education, healthcare, and housing, though they were not able to get enough votes to add public accommodations to the list.

Natalie’s blog post explains why trans rights should matter to everyone (boldface emphasis mine):

…I suppose a question with these kinds of things is often why exactly one should care beyond simple respect for the deceased and ongoing commitment to working against bigotry in its many forms. How does this relate to those beyond the immediate consequences?

Part of it is the internalization of fear by the rest of us. Our lives begin to become defined and restrained by it. In much the same way that women may often internalize fear of sexual assault and lose luxuries such as the ability to walk around after dark without needing to be constantly attentive of their surroundings, keeping keys clenched in their fist, trans people end up losing similar luxuries of being able to feel safe in many circumstances. Our lives become limited by that fear in very real ways. It becomes a force of social control that keeps us quiet and invisible. We desperately strive for “passability” far beyond what is simply comfortable self-expression out of awareness of the very real dangers that come with being visibly gender variant. I don’t really like painting my nails all that much, but every little bit helps.

Part of it is that this affects people beyond those who fall within the transgender spectrum. It is essentially about policing the lines of gender. Using violence and the threat thereof as a means of imposing very real consequences for those who transgress the carefully delineated paths afforded to those born with certain particular anatomies. It marks in blood a line that you may not cross. This confines all of us. Male, female or neither, cis or trans, straight or queer, binary-identified or not, we all end up boxed into a coercively defined destiny based on nothing more than the configuration of one particular body part.

Furthermore, the overwhelming majority of victims of trans-related violence are women. This sends a strong message that it is unacceptable to value femaleness or femininity, or to consider these states preferable, empowering or fulfilling. MtF spectrum individuals embody a fundamental challenge to the assumption of male superiority. Who could possibly be happier as a woman than as a man? Who would want to trade the almighty phallus for the lowly vagina? Along with using violence and fear to enforce a gender binary, it uses the same to enforce patriarchy.

These messages are internalized into our culture. They mean something very, very real. There are untold many who remain in their prescribed gender roles only out of fear of retribution.

But this day isn’t about gender theory or politics or the struggle forward for the living. It is about recognizing, remembering and respecting those we’ve lost. But a big aspect of respecting them is to recognize what it is they died for. They sacrificed their lives for the idea that all of us, regardless of where we fall within the various spectrums of gender and sexuality, can express ourselves and exist exactly as we are, exactly as we feel ourselves to truly be. They died to build a world where we needn’t live in fear and compromise, where we needn’t apologize for our gender. Where our identity is our own. Where biology is not destiny.

So if you get a chance today, please take a moment to pause and think, or to grieve. Perhaps light a candle. Perhaps reflect a bit on the freedom that you may enjoy to express your gender in a manner that is honest and comfortable, or reflect on those who may not yet have that privilege. Perhaps reflect on how valuable and meaningful that is, what it is to feel at home in your body. Remember that it is something that some people have given their lives for.

Read the whole post here. (Hat tip to the Twitter feed of No Longer Quivering, a must-read site for women recovering from patriarchal religious abuse.)
 

Historic Homecoming for GLBT Alumni at Wheaton, an Evangelical College


Wheaton College in Illinois has been called the Harvard of the evangelicals. Longtime readers of this blog may recall my reports from their theology conferences on the Trinity and spiritual formation. Though at one time I felt nourished by immersion in a community of serious Christian intellectuals, my shifting political sensibilities eventually made me too uncomfortable to return to an environment where non-heteronormative lives were (at best) erased. 

That’s why I was particularly happy to receive the latest Soulforce e-newsletter, which featured a report on OneWheaton, “a community of LGBTQ’s and allies at Wheaton”. This month, some 600 members took the bold step of attending Wheaton’s homecoming weekend as openly queer alumni and allies. Here’s an excerpt from the newsletter:

“This is a real coming out, being here, being ourselves,” said Frances Motiwalla, a 2000 Political Science graduate. “That’s what this weekend is all about. This was a reassertion of our whole self as part of the community.”

Motiwalla joined dozens for whom this past weekend was their first time returning to their alma mater. Most gay Wheaton alumni never return to campus, associating their college years with shame, loneliness, and marginalization. But in a show of pride and courage, over 50 rainbow clad alumni spanning the classes of ’54 through 2013 ate together in the school’s cafeteria, attended the sold-out Homecoming football game, and showed their families around campus.

They kicked off the weekend with a free concert by Jennifer Knapp, a Christian musician who recently came out as lesbian, and a panel led by LGBTQ Wheaton graduates. OneWheaton explains that most LGBTQ Wheaton alumni never return to campus because of too many negative associations and hurtful memories. This homecoming weekend, however, saw over 50 rainbow clad alumni going back to 1954 and even current students eating together in the cafeteria, attending the football game and showing friends and family around campus.

The groups explains that the weekend, besides a few stares and off-hand comments, was a success in engaging students in conversation and providing some reconciliation for alumni. Said the group’s Co-Director Ruth Wardchenk, “When I drove onto the campus Friday I was there for the first time in 15 years and I burst out in tears. I was home and I was no longer afraid.”

While the school is not officially budging on the issue yet, their impact was certainly felt on campus. Wrote one student, “Thank you for coming to campus this weekend… I don’t quite know what I think yet, but you’ve got me asking questions and thinking. So, thank you so much for coming back to Wheaton.”

Click here to support Soulforce’s Equality Ride, which brings the message of inclusion to Christian colleges across America. Click here to sign OneWheaton’s statement of support, share your story, or find resources to end your isolation.

Gay Rights and the Right to Sanity


This June 2011 article from the progressive website Religion Dispatches captures the essence of why I fight so hard for GLBT equality, particularly within the church. In his piece “The Battle Beneath the Battle: Do Gay People Exist?”, Jay Michaelson says the issue is nothing less than the right to believe your own perceptions, and to be recognized as an authority about your own subjective experience. In a word: sanity.

I’ve taken the unusual step of quoting the whole article because Michaelson’s argument is so concise and well-constructed that to leave out any paragraph would undermine it. I’ve boldfaced key points. He writes:

There’s a cognitive dissonance in our religious and political debates about homosexuality: it’s the only cultural struggle I can think of where one’s very existence is routinely denied by political opponents. African Americans have long had their humanity denied—but they are still seen, and recognized. Women’s rights and freedoms are again under attack, and their full equality is still denied—but no one doubts that women exist. Yet when it comes to LGBT people, our very existence is still, somehow, subject to debate.

This makes public debates over LGBT equality seem uniquely pointless, because the real questions are not the ones being discussed. For example, several states are asking should gays be allowed (or prohibited) to marry. But the real questions they are asking are deeper: Do gay people exist? Is sexuality simply a “lifestyle choice”; and if so, should it be rewarded or burdened by the state?

For a moment, I want to bracket the question of whether sexuality and gender identity are traits or choices, and assume for a moment that many (though not all) LGBT people experience them as the former: that is, as fundamental characteristics of what might be called the soul. I recognize that not every queer person feels this way. Studies have shown, for example, that women tend to experience their sexuality as more fluid and more likely to change over time than men do. I also recognize that, in some iterations of political liberalism, none of this should matter; it’s perfectly coherent to argue that the state simply should not be involved in regulating how people organize their intimate lives.

But I also want to recognize that, in my experience at least, whether or not one is “born this way” does seem to matter to a whole lot of people. For political as well as intellectual reasons, LGBT activists are loathe to base our rights on the latest scientific or pseudo-scientific data. This strikes me as wise. But as I talk about these issues with folks in the “movable middle,” I’ve noticed that the reluctant allies, semi-supportive family members, and more-or-less-convinceable moderates come to pro-gay conclusions for the reasons Lady Gaga identified: because gay people are born that way.

So it does matter, politically at least, whether sexuality is a trait or not. And here is where it gets weird. Because if that’s true, then what’s really at issue in our public debates about equality is my own subjectivity. I am telling my political opponents that I am gay. I didn’t choose it; I didn’t even want it, at first. But it’s as much a part of how I understand myself as being 6’1”, Caucasian, and male.

My opponent responds: no you aren’t. So what am I?

Well, the answers have shifted quickly over the last few decades. At first I was just a sinner. I indulged (or was tempted to indulge) in sodomy the way others are tempted to indulge in gluttony. Later, I was a psychological “invert”; someone with incomplete sexual-psychological development, and a dozen other varieties of psychological freak. But I was not what I said I was: a perfectly normal human being with a certain sexual orientation.

Today, even our opponents recognize this. The Catholic Church recognizes that homosexuality is a part of the human condition; albeit one which must be sublimated or repressed. Even in the “reparative therapy” and ex-gay movements, the rhetoric has shifted from promises of true conversion to heterosexuality, to promises of the ability to sublimate one’s desires into heterosexual expression. Ex-gay folks realize that almost no (male) clients actually stop feeling same-sex attraction. They just promise that one can work with it, live with it, and function sexually with a woman.

In other words, the only people who still say that sexuality is purely a choice are those who know nothing whatsoever about it. When you think about it that way it’s outrageous. I’m being forced to defend my subjective self-understanding to people who not only don’t share it, but who don’t even read objective books about it! I stand on the opposite sides of picket lines with people who deny that I am right about my own mind. They insist that millions of people are so deeply deluded about themselves that their own testimony must be disregarded.

Maybe, then, gay rights really are like civil rights after all. “Am I not a man and a brother?” asked Frederick Douglass. Which is to say: I experience myself as fully human. You, if you are listening to me, must hear and see that I am a human being. Yet our society denies my humanity, insists that while I am something close to a man, I am not quite one.

I hear myself saying something similar. Is this not love? Do I not know my own heart? Is my love not that of one human being for another? Not lust or perversion or sin, but love? When straight people really see gay people, when they allow themselves to look, they see that we are people, that our love is love. Similar in some ways, different in others, not necessarily better or worse—but real. We exist.

What I feel like we are still fighting for, in the places where our freedom is still contested, is neither rights nor freedoms nor any particular bundle of privileges, but some more fundamental, and fundamentally religious, human right that has only begun to be articulated: the right to self-definition, to say that I exist—and to be believed.

This is exactly right, in my opinion, and deserves to be restated far more often in the current debate. To religious people, in particular, I would say that you cannot discount gays’ own perceptions–first, that their orientation is real, and second, that their relationships can be loving and spiritually fruitful–without undermining confidence in the same psychological faculties that produce religious convictions.

Do you use reason to read and interpret the Bible? Yet you tell gays to “lean not on your own understanding” when they defend their equality based on lessons from history, science, and moral logic. Do you feel God in your heart when you pray? Yet you tell gays that “the heart is deceitful above all things” when they try to speak about their experience of love. If their minds are so darkened and their wills are so corrupt that nothing they say about themselves can be trusted, that condition of “total depravity” applies to you and your religion at least as much. (Which, I think, is what St. Paul was actually getting at in Romans 1: you holy rollers will be judged by the same measure by which you judge “those people”.)

What distinguishes abuse from other forms of violence is the element of mind control. You’re not just being hurt, you’re being brainwashed into doubting whether your pain really happened, allowing someone else to erase your reality and replace it with one that meets their own needs. Because I’ve experienced some of this, though not in the context of sexuality, the fight for gay rights will always be my fight.

Torture in America’s Supermax Prisons


Writing last year in Boston Review, a well-regarded magazine of literature and politics, reporter Lance Tapley shines a spotlight on the routine physical and mental degradation that inmates endure in America’s supermax prisons. The article was adapted from his contribution to Marjorie Cohn’s anthology The United States and Torture, published this past January by NYU Press. Tapley notes that the types of abuses we rightly decried at Guantanamo are actually common in the regular prison system, but these receive far less press attention, even though the victims are American citizens. (My pen pal Conway resides in a supermax facility in California.)

An excerpt from the article follows. Tapley is discussing Mike James, an inmate at a Maine supermax:

James, who is in his twenties, has been beaten all his life, first by family members: “I was punched, kicked, slapped, bitten, thrown against the wall.” He began seeing mental-health workers at four and taking psychiatric medication at seven. He said he was bipolar and had many other disorders. When a doctor took him off his meds at age eighteen, he got into “selling drugs, robbing people, fighting, burglaries.” He received a twelve-year sentence for robbery. Of the four years James had been in prison when I met him, he had spent all but five months in solitary confinement. The isolation is “mental torture, even for people who are able to control themselves,” he said. It included periods alone in a cell “with no blankets, no clothes, butt-naked, mace covering me.” Everything James told me was confirmed by other inmates and prison employees.

James’s story illustrates an irony in the negative reaction of many Americans to the mistreatment of “war on terrorism” prisoners at Guantánamo. To little public outcry, tens of thousands of American citizens are being held in equivalent or worse conditions in this country’s super-harsh, super-maximum security, solitary-confinement prisons, or in comparable units of traditional prisons. The Obama administration— somewhat unsteadily—plans to shut down the Guantánamo detention center and ship its inmates to one or more supermaxes in the United States, as though this would mark a substantive change. In the supermaxes inmates suffer weeks, months, years, or even decades of mind-destroying isolation, usually without meaningful recourse to challenge the conditions of their captivity. Prisoners may be regularly beaten in cell extractions, and they receive meager health services. The isolation frequently leads to insane behavior including self-injury and suicide attempts.

In 2004, state-run supermaxes in 44 states held about 25,000 people, according to Daniel Mears, a Florida State University criminologist who has done the most careful count. Mears told me his number was conservative. In addition the federal system has a big supermax in Colorado, ADX Florence, and a total of about 11,000 inmates in solitary in all its lockups, according to the Bureau of Prisons. Some researchers peg the state and federal supermax total as high as a hundred thousand; their studies sometimes include more broadly defined “control units”—for example, those in which men spend all day in a cell with another prisoner. (Nationally, 91 percent of prison and jail inmates are men, so overwhelmingly men fill the supermaxes. Women also are kept in supermax conditions, but apparently no one has estimated how many.) Then there are the county and city jails, the most sizable of which have large solitary-confinement sections. Although the roughness in what prisoners call “the hole” varies from prison to prison and jail to jail, isolation is the overwhelming, defining punishment in this vast network of what critics have begun to call mass torture.

James experienced frequent cell extractions—on one occasion, five of them in a single day. In this procedure, five hollering guards wearing helmets and body armor charge into the cell. The point man smashes a big shield into the prisoner. The others spray mace into his face, push him onto the bed, and twist his arms behind his back to handcuff him, connecting the cuffs by a chain to leg irons. As they continue to mace him, the guards carry him screaming to an observation room, where they bind him to a special chair. He remains there for hours.

A scene such as this might have taken place at supposedly aberrant Abu Ghraib, where American soldiers tormented captured Iraqis. But as described by prisoners and guards and vividly revealed in a leaked video (the Maine prison records these events to ensure that inmates are not mistreated), an extraction is the supermax’s normal, zero-tolerance reaction to prisoner disobedience, which may be as minor as protesting bad food by covering the cell door’s tiny window with a piece of paper. Such extractions occur all the time, not just in Maine but throughout the country. The principle applied is total control of a prisoner’s actions. Even if the inmate has no history of violence, when he leaves the cell he’s in handcuffs and ankle shackles, with a guard on either side.

But he doesn’t often leave the cell. In Maine’s supermax, which is typical, an inmate spends 23 hours a day alone in a 6.5-by-14-foot space. When the weather is good, he’ll spend an hour a day, five days a week, usually alone, in a small dog run outdoors. Radios and TVs are forbidden. Cell lights are on night and day. When the cold food is shoved through the door slot, prisoners fear it is contaminated by the feces, urine, and blood splattered on the cell door and corridor surfaces by the many mentally ill or enraged inmates. The prisoner is not allowed a toothbrush but is provided a plastic nub to use on a fingertip. Mental-health care usually amounts to a five-minute, through-the-steel-door conversation with a social worker once or twice a week. The prisoner gets a shower a few times a week, a brief telephone call every week or two, and occasional “no-contact” access to a visitor. Variations in these conditions exist: for example, in some states TVs or radios are allowed.

When supermaxes were built across the country in the 1980s and 1990s, they were theoretically for “the worst of the worst,” the most violent prisoners. But an inmate may be put in one for possession of contraband such as marijuana, if accused by another inmate of being a gang member, for hesitating to follow a guard’s order, and even for protection from other inmates. Several prisoners are in the Maine supermax because they got themselves tattooed. By many accounts mental illness is the most common denominator; mentally ill inmates have a hard time following prison rules. A Wisconsin study found that three-quarters of the prisoners in one solitary-confinement unit were mentally ill. In Maine, over half of supermax inmates are classified as having a serious mental illness.

Prison officials have extraordinary discretion in extending the stay of supermax inmates. Their decisions hit the mentally ill the hardest. Administrators can add time as a disciplinary measure, and often they will charge prisoners with criminal offenses that can add years to their sentences.

In 2007 James was tried on ten assault charges for biting and kicking guards and throwing feces at them. Most were felony charges, and if convicted he could have served decades more in prison. Inmates almost never beat such charges, but James’s court-appointed lawyer, Joseph Steinberger, a scrappy ex-New Yorker, succeeded with a defense rare in cases of Maine prisoners accused of crimes: he convinced a jury in Rockland, the nearby county seat, to find James “not criminally responsible” by reason of insanity. Steinberger thought the verdict was a landmark because it called into question the state’s standard practice of keeping mentally ill individuals in isolation and then punishing them with yet more isolation when their conditions worsen. After the verdict, as the law required, the judge committed James to a state mental hospital.

But prison officials and the state attorney general’s office saw the verdict as another kind of landmark: never before in Maine had a convict been committed to the mental hospital after being tried for assault on guards. In the view of the corrections establishment, James would be escaping his deserved punishment, and this would send the wrong signal to prisoners. Officials refused to send him to the hospital, arguing he first had to serve the remaining nine years of his sentence.

Steinberger wrote to Maine’s governor—John Baldacci, a Democrat—begging him to intervene and send James to the hospital:

He continually slits open his arms and legs with chips of paint and concrete, smears himself and his cell with feces, strangles himself to unconsciousness with his clothing. . . . He also bites, hits, kicks, spits at, and throws urine and feces on his guards.

This behavior was never in dispute, but the governor declined to intervene.

After a year of court battles, Steinberger finally succeeded in getting James into the hospital, though the judge conceded to the Department of Corrections that his time there would not count against his sentence. So James faces nine years in prison after however long it takes to bring him to a sane mental state.

Why is the richest, most powerful nation in the world still using punishment methods that Europe abandoned 150 years ago as too brutal? Our prison system is an international scandal.

I wish I could end this article with an “action item” to mitigate the helplessness you may feel after reading this. Can’t we click on something, donate something, sign a petition? I don’t have a quick fix, but my advice is: Get informed. Feel your common humanity with those who seem alien and frightening. Look behind the “tough on crime” rhetoric in your next election. Write to a prisoner in SHU. Your letters and books could save someone’s sanity.


Sign the NAACP Pledge to End the Death Penalty


We couldn’t stop the execution of Troy Davis, but we can honor his final wish by abolishing the death penalty. It doesn’t deter crime, it costs the government a lot of money in appeals, it’s applied disproportionately to poor and minority defendants who can’t afford good lawyers, and most importantly, there’s no second chance when you execute an innocent person.

I signed this pledge on the NAACP website and hope you will too:

In the Name of Troy Davis: Pledge to End the Death Penalty in the United States

I pledge to fight to end the death penalty in the United States because Troy Anthony Davis was executed despite extreme and well-known doubts about his guilt.

I pledge to fight to end the death penalty in the United States because the system failed Troy, even though the system is supposed to be fail-proof.

I pledge to fight to end the death penalty in the United States because these failures are the result of a system that gives the power of life and death to humans, who are prone to error and susceptible to bias.

I pledge to fight to end the death penalty in the United States because 130 people have been exonerated from death row since 1973, and we have no way of knowing how many innocent people have been killed.

I pledge to fight to end the death penalty in the United States because death is permanent and mistakes are uncorrectable.

I pledge to fight to end the death penalty in the United States because we know that race and class disproportionately determine who lives and who dies.

I pledge to fight to end the death penalty in the United States because Troy Davis often said, “This movement began before I was born … it must continue and grow stronger…until we abolish the death penalty once and for all.”

I pledge to fight to end the death penalty in the United States because it was Troy’s final wish.
In the Name of Troy Anthony Davis, I pledge to fight to end the death penalty in the United States to ensure that what happened to Troy never happens to another person in our criminal justice system.

Not convinced? Read this shocking report about a 14-year-old African-American who was sent to the electric chair in 1944. (The URL is www.flickr.com/photos/22067139@N05/5251556905/ in case the hyperlink is not working right in this blog template.)

Bluffton Today – ‘Crusaders look to right Jim Crow justice wrongs’ by Jeffrey Collins

He was 14 yrs. 6mos. and 5 days old — and the youngest person executed in the United States in the 20th Century

George Junius Stinney, Jr., [b. 1929 – d. 1944]

In a South Carolina prison sixty-six years ago, guards walked a 14-year-old boy, bible tucked under his arm, to the electric chair. At 5′ 1″ and 95 pounds, the straps didn’t fit, and an electrode was too big for his leg.

The switch was pulled and the adult sized death mask fell from George Stinney’s face. Tears streamed from his eyes. Witnesses recoiled in horror as they watched the youngest person executed in the United States in the past century die.

Now, a community activist is fighting to clear Stinney’s name, saying the young boy couldn’t have killed two girls. George Frierson, a school board member and textile inspector, believes Stinney’s confession was coerced, and that his execution was just another injustice blacks suffered in Southern courtrooms in the first half of the 1900s.

In a couple of cases like Stinney’s, petitions are being made before parole boards and courts are being asked to overturn decisions made when society’s thumb was weighing the scales of justice against blacks. These requests are buoyed for the first time in generations by money, college degrees and sometimes clout.

“I hope we see more cases like this because it help brings a sense of closure. It’s symbolic,” said Howard University law professor Frank Wu. “It’s not just important for the individuals and their families. It’s important for the entire community. Not just for African Americans, but for whites and for our democracy as a whole. What these cases show is that it is possible to achieve justice.”

Some have already achieved justice. Earlier this year, syndicated radio host Tom Joyner successfully won a posthumous pardon for two great uncles who were executed in South Carolina.

A few years ago Lena Baker, a black Georgia maid sent to the electric chair for killing a white man, received a pardon after her family pointed out she likely killed the man because he was holding her against her will.

In the Stinney case, supporters want the state to admit that officials executed the wrong person in June 1944.

Stinney was accused of killing two white girls, 11 year old Betty June Binnicker and 8 year old
Mary Emma Thames, by beating them with a railroad spike then dragging their bodies to a ditch near Acolu, about five miles from Manning in central South Carolina. The girls were found a day after they disappeared following a massive manhunt. Stinney was arrested a few hours later, white men in suits taking him away. Because of the risk of a lynching, Stinney was kept at a jail 50 miles away in Columbia.

Stinney’s father, who had helped look for the girls, was fired immediately and ordered to leave his home and the sawmill where he worked. His family was told to leave town prior to the trial to avoid further retribution. An atmosphere of lynch mob hysteria hung over the courthouse. Without family visits, the 14 year old had to endure the trial and death alone.

Frierson hasn’t been able to get the case out of his head since, carrying around a thick binder of old newspaper stories and documents, including an account from an execution witness.

The sheriff at the time said Stinney admitted to the killings, but there is only his word — no written record of the confession has been found. A lawyer helping Frierson with the case figures threats of mob violence and not being able to see his parents rattled the seventh- grader.

Attorney Steve McKenzie said he has even heard one account that says detectives offered the boy ice cream once they were done.

“You’ve got to know he was going to say whatever they wanted him to say,” McKenzie said.

The court appointed Stinney an attorney — a tax commissioner preparing for a Statehouse run. In all, the trial — from jury selection to a sentence of death — lasted one day. Records indicate 1,000 people crammed the courthouse. Blacks weren’t allowed inside.

The defense called no witnesses and never filed an appeal. No one challenged the sheriff’s recollection of the confession.

“As an attorney, it just kind of haunted me, just the way the judicial system worked to this boy’s disadvantage or disfavor. It did not protect him,” said McKenzie, who is preparing court papers to ask a judge to reopen the case.

Stinney’s official court record contains less than two dozen pages, several of them arrest warrants. There is no transcript of the trial.

The lack of records, while not unusual, makes it harder for people trying to get these old convictions overturned, Wu said.

But these old cases also can have a common thread.

“Some of these cases are so egregious, so extreme that when you look at it, the prosecution really has no case either,” Wu said. “It’s apparent from what you can see that someone was railroaded.”

And sometimes, police under pressure by frightened citizens jumped to conclusions rather than conducting a thorough investigation, Wu said.

Justice Starts With Being Heard


Sometimes it feels like words are impotent, so long as power is held by a few people who choose to be deaf to truth and compassion. Despite millions of petition signatures and years of advocacy by such respected human-rights organizations as Amnesty International and the NAACP, the state of Georgia executed Troy Davis this week for a murder that he may not have committed. Whether or not you oppose the death penalty in general, as I do, the problems with the evidence in this case underscore the perils of allowing fallible human beings to impose a punishment that can’t be undone.

It was timely, then, to receive a message from poet and expressive writing facilitator Margot Van Sluytman, with a link to her guest post at Justice With a Crunch. Margot heads the Sawbonna Project, which promotes healing and reconciliation for crime victims and perpetrators. She says of herself:

Because of reading about an award I received from The Foundation for the National Association for Poetry Therapy in April 2007, for my work creating and facilitating growth experiences through experiential workshops in writing and healing voice in North America, the man, Glen Flett, who murdered my Father, Theodore Van Sluytman, March 27, 1978 contacted me. I chose to share dialogue with him and we have shared encounter with forgiveness.

The phrase that is used for what occurred between Glen Flett and I is: Restorative Justice. I did not know about this before I was offered the gift of opportunity to dialogue with the human being who ended the life of a human being I loved so deeply. Now I know of this phrase, and I know as well, that Restorative Justice happens in very different ways for each individual who is involved in it. What has happened for me, is only one of a myriad of possibilities for those who have been harmed by crime, or have caused the harm, to find ways to navigate their lives.

Justice With a Crunch is the website of Prof. Judah Oudshoorn at the University of Waterloo. In her guest post, Margot explains the links between voice, justice, and recognition of the other’s humanity:

…The word I myself use for what is widely known as Restorative Justice is, Sawbonna. I learned it from Glen. It is a Zulu greeting, and further, it means, “I see you.” Being seen, being heard, being felt, are each ingrained in this meaning. Sawbonna speaks from a place of inclusivity, from the flesh and the bone of victim and offender. It is about people not processes. It speaks from the foundational value of Restorative Justice, one I sense can be swept away in research papers and abundant studies. No victim, no offender is merely a study. Not merely an object to be observed….

…Justice is to be heard. Justice is to listen. Justice is to find, create, and belong within communities of those who truly want to know your voice, to support you in a time of deep and savage ache and ennui, accompanying you to learn to trust that you are more that the crime committed against you, or the crime you have committed; and, justice is about coming to a place where you too, can be support. Where are the places and the spaces within academia, within government, within our communities where Sawbonna is present for victims and for offenders. Victims and offenders will not always, if ever, meet in the those same places, however, those places must become as ubiquitous as gas stations. I do not want anyone to speak my needs of and for healing. Both victims and offenders warrant the respect of telling their own story. That is justice. That is voice. That is being heard.

For an example of this process, read this brief and compelling series of vignettes posted by Judah on the blog earlier this month. The news and the legal system give us a single snapshot in time, but what was the whole narrative of this person’s life before the crime? Where are the venues where this can be told?

(1) A middle-aged man overdoses on crack cocaine and is found dead in a rooming house by the landlord.

what is justice in this situation?

(2) A young man is caught breaking into a house in a suburban part of a city by the police, who have been tailing him because of a long record of similar offences.

what is justice in this situation?

(3) A young boy is repeatedly mocked and beaten by his father when he scores less than a “B” on his report card during his elementary school days. No one ever finds out.

what is justice in this situation?

(4) Each of these vignettes is about the same person.

what is justice for this human being?

The Beatitudes in Prison: My Pen Pal’s Response


Earlier this summer, Richard Beck at Experimental Theology posted about the challenges of studying the Beatitudes with the Bible study group he leads in a men’s prison. Considering the risks of nonviolent compassion in a place ruled by the law of the jungle, he realized afresh how much it can really cost to be a follower of Christ. An excerpt:

…Week to week, as you lead a bible study with prisoners, you can come to believe that this is the most holy, devout, and saintly bunch of Christians you’ve ever seen. This is, incidentally, one of the joys of prison ministry, how nice, grateful and cooperative the men are. You’ll never have a better audience.

But I know that this is a bit of an illusion. To be sure, the men are grateful. The time they have with us is, perhaps, the only non-coercive, relaxed and egalitarian interaction they have during the week. So they are truly grateful and happy to be a part of the bible study. And many have become committed followers of Jesus.

Still, for the most part I know that the devoutness on display during the bible study is hiding a great deal of darkness. And we don’t talk much about that darkness. At least not in our bible study. But I knew it was there and I wanted to try to talk about it a bit before reading the Beatitudes.

So I waited. And asked again, “Inside the prison, who is blessed?”

Finally, a man answered:

“The violent.”

I nodded. “So that is Beatitude #1. ‘Blessed are the violent.’ What else?” The floodgates opened.

The thieves.
The liars.
The manipulators.
The hypocrites.
The wealthy. (There is an underground black market economy.)
The strong.

On and on it went. These were the “virtues” that got “blessed” and rewarded inside the prison. These were the “virtues” that helped you get ahead, survive, and thrive. And I wondered, is it any different on the outside where I live?

Not much.

After creating this list we then turned to Matthew 5 and we read aloud:

Blessed are the poor in spirit…

Blessed are those who mourn…

Blessed are the meek…

Blessed are those who hunger and thirst for righteousness…

Blessed are the merciful…

Blessed are the pure in heart…

Blessed are the peacemakers…

Blessed are those who are persecuted because of righteousness…

As we read these words the room became very somber. In light of what we’d just been talking about the radical call of Jesus shone like a white hot light. It burned. When you read the Beatitudes on the outside it all sounds so nice and happy. But read inside a prison you suddenly see just how crazy you have to be to be a follower of Jesus. How the Beatitudes really are a matter of life and death.

I asked the prisoners, can you be meek, poor in spirit, or merciful in prison? Finally opening up, they said no, you can’t. You’d get hurt, taken advantage of, raped, killed. Your days would be numbered if you tried to live out the Beatitudes.

And suddenly, I didn’t know what to say. For it became very clear to me what it would mean for me to preach the Beatitudes to these men. I’d be asking them to give their lives to Jesus. I’d be asking them to die.

So I hesitated. For one simple reason. I didn’t know if I was ready to make that commitment. And sensing hesitancy in my own heart, my own fear of Jesus, I couldn’t ask these men to do something that I myself lacked the courage to do.

None of this was verbalized. After the men described how it would be suicidal to live out the Beatitudes inside the prison we started to talk about how, in small moments here and there, they could let their defenses down to show a little meekness, to show a little mercy. We started to figure out ways they could fit Jesus into the gaps and margins of prison life. Where their shell of violence and toughness could be dropped for a moment.

Basically, we talked about compromise. How to accommodate Jesus to the ruling ethic of prison life. And like I said, I couldn’t ask for anything more. Who was I to push them for more mercy and meekness when I’d be walking out of the prison gates in less than an hour? I didn’t know what I was asking them to do. Nor was I confident about what I would do if I was in their shoes….

I printed out this post and mailed it to my pen pal “Conway”, whose poetry and letters I have shared on this blog. Conway responded with one of the most inspiring stories of Christian love that I have read in a long time. Let me also add that when he wrote this, he was in the middle of a three-week hunger strike to demand more humane conditions in California prisons. Here is an excerpt from his July 4 letter:

I can see some prisoners feeling relaxed inside of the chapel setting in prison. I have only entered the chapel for religious service on one occasion in prison. That was for a friend who had died of AIDS at Vacaville. I was there for maybe two years recovering from being paralyzed by L.A. County sheriffs. (In L.A. County Jail.) It took about eighteen months to be able to walk again.

I was pissed off that it took several months before the service was held for Johnny. He and four others had died from AIDS in that time.

I was listening to the priest or what they call chaplain speak on each man’s life that had passed. And it just seemed so weak to be waiting this long to be approved for a decent ceremony. He’d already been cremated months before. Why now? and why pack them all into one ceremony?

But I do recognize that the blanket patch had to be sewn together with others. It was large.

Still why wait to leave this soul roaming along the halls of that place? It had me mad and I stood up to confront the chaplain. He called me up to the podium and asked me to say a few words of what Johnny was about. The funny thing is even though he was gay and had caught his sentence for protecting himself, this was not what I talked about. It didn’t matter to me what preferences he had. He was just a good dude and I wanted everyone to know it.

All of those cons were crying like babies when I’d finished my tirade. And of course I was too. But the point I make is that the label of holy or devout, what the hell is that, if we are to become righteous in our lifetime. Like I said that was the only one time I went to a religious service. But it amazes me. So many of those guys later on thanked me for standing up and speaking on that day….

…I’m sure I got off track on that subject, but the comments [on the blog post] brought back memories of my connection with their discussion. But I disagree with one point they said you can’t be merciful in prison. Actually you can. It’s not as ruthless a crowd as everyone makes out. Nevertheless it is a harsh environment that one must prove themself everyday. But we all are tested daily.

Visit the website of California Prison Focus to find out more about the hunger strikers’ demands and track the progress of the reforms. Their five core demands were as follows: (1) Eliminate group punishments for prisoners of the same race when one breaks a rule; (2) Reform the criteria for declaring a prisoner to be active in a gang (currently prisoners like my friend Conway are sent to long-term isolation on dubious evidence); (3) Comply with the recommendations of the US Commission on Safety and Abuse in Prisons (2006) regarding an end to longterm solitary confinement; (4) Provide adequate food; (5) Expand and provide constructive programs and privileges for indefinite SHU inmates. (Conway was mentoring at-risk youth until he was transferred to the Segregated Housing Unit on false evidence of gang activity.) The California state legislature held hearings on these issues in August.

Related resources: PrisonerSolidarity.org; TGI Justice Project (advocate for transgender, genderqueer, and intersex inmates).

Ten Years After 9/11: Poetry and Some Thoughts


This weekend marks the tenth anniversary of the September 11 terrorist attacks on the World Trade Center and the Pentagon.

Back then, our family was still living on the Lower East Side of Manhattan. At 9 AM, I came upstairs to my office at a publishing company in the West 30s to find everyone peering out the window at smoke billowing from the WTC. We could only see the top floors in the distance so we were not sure what had happened. We saw the flash that was the second plane hitting, but only found out later what had caused it. After that, the grey cloud of smoke and ash was all we could see. Shortly thereafter we learned from the radio that the towers had collapsed and another plane hit the Pentagon. It was then that I became really scared: this was not an accident, it was an attack, and anything could happen now. I don’t remember how we evacuated from the 21st floor, but I assume we must have taken the stairs. Fortunately my husband worked in midtown too and I could email him to come meet me, since the phones were not working.

We walked about three miles downtown to our apartment, part of a stunned crowd. The funereal silence and slowness of these typically high-adrenalin New Yorkers really brought home to us that our world had changed. (I am so proud of the residents of my birth city for not panicking and responding with such courage.) My moms lived across the street from us so we went up to their place to let them know we were all right. One of them was there and the other was making her way downtown from West 96th St., driving her co-workers home, as far as the emergency personnel would allow cars to go. Like everyone that day, we obsessively watched the televised footage of the disaster, hoping for information that would make sense of it all, although it was clear that only speculation and tragedy were on offer.

We were spared the pain that thousands of our fellow New Yorkers endured, in that we did not know anyone who was in those buildings. Our upstairs neighbor lost his brother, Robert Foti, a firefighter. We went to his funeral a few weeks later. Rest in peace, Robert. I will never forget his mother’s words when we paid her a condolence call. “They’ll never find their bodies,” she said, wiping her hand along the table. “See this dust? We’re breathing them in right now.”

What I remember most from those early days was the fear of what might be demanded of us. What sacrifices would we have to make? Would it be like World War II, when the homefront was part of the battle? I was worried that Adam would feel a sense of duty to enlist. Though I am the least bureaucratic person in the world and had just escaped from my legal career, I sent away for a pamphlet about joining the Judge Advocate General’s Corps.

Our preoccupations of the week before were tinged with tragic irony. Walking home from dinner, in a rush to watch the U.S. Open, Adam and I got sidetracked into an argument about his wish for children. Newly independent of my parents, I was afraid I wouldn’t get to experience life and make progress in my writing career before being submerged in someone else’s needs. After 9/11, I felt keenly the truth that “no one knows the day nor the hour”. Plans are uncertain; family matters most in a crisis. (Double irony since we still haven’t been able to make this happen…)

There was something beautiful about the mindfulness and tenderness with which New Yorkers went about their business in the following weeks. On a crowded midtown bus at rush hour, truly one of the more unpleasant aspects of New York life, I noticed that people gave way to one another instead of jostling and taking offense. We were suddenly grateful that each person next to us was still alive.

And simultaneously there was the crassness of the “Fight Back New York: Go Shopping!” campaign, the alarming speed with which the sidewalk vendors cranked out death-to-Osama T-shirts and flag-festooned junk. The mutual contempt of the pro- and anti-war camps, everyone desperate for a simple narrative, as if death always came to people with a reason and a forewarning, visible if we looked hard enough.

It was supposed to be the end of irony. Even if that had been true, I don’t think it would be a good idea. We need all possible interpretive tools to make our way in a world where 9/11’s happen. What it was, instead, was a collective moment of appreciation that life is precious and mysterious, and that no one is really a stranger. That consciousness was too painful, though, and too unprofitable, to keep up for long. “Go, go, go, said the bird; humankind/Cannot bear very much reality.”

But for that little while, we cried at baseball games, we wore our flag lapel pins and bootleg NYPD and FDNY caps, we prayed over the names in the newspaper and asked forgiveness for being unable to read one more obituary, and we wrote poetry about crashing planes and falling towers and heroes.

Adam and I had just started Winning Writers that summer, and we were putting together the rules for our first annual contest. Distressed by the simplistic verses being written by both the blame-America liberals and the kill-the-Muslims conservatives, we decided that our contest should solicit high-quality and nuanced poetry about war. (2011 will be this topic’s tenth and final year, to be replaced by the Sports Poetry Contest.)

These poems from Israeli author Atar Hadari, honorable mention winner in our 2003 contest, best express how New York felt to me in the aftermath. The “two lights” are the memorial Tribute in Light that represented the lost towers with spotlight beams.

Read more 9/11 reminiscences at the WNET-Channel 13 public television website.
****

SUMMER RAIN

by Atar Hadari

This is the season people die here,
she said, Death comes for them now.
Sometime between the end of winter
and the rains, the rains of summer.

And the funerals followed that summer
like social engagements, a ball, then another ball
one by one, like debutantes
uncles and cousins were presented to the great hall

and bowed and went up to tender
their family credentials to the monarch
who smiled and opened the great doors
and threw their engraved invitations onto the ice

and dancing they threw their grey cufflinks
across each others’ shoulders, they crossed the floor
and circles on circles of Horas
filled the sky silently with clouds, that chilled the flowers.

And funeral trains got much shorter
and people chose to which they went
and into the earth the flowers
went and no one remembered their names

only that they died that summer
when rains came late and the streets emptied
and flags flying on car roof tops
waved like women welcoming the army
into a small, abandoned city.

TWO LIGHTS
by Atar Hadari

Two lights were fixed over the town
high up, higher than any star had business being
and yet they shone, not like helicopter beams,
like flames, like something burning and not being consumed.

I stepped two steps toward the fence
to see, to try to see, the fire –
they stayed two gold balls in the sky
and I trod on some stones and smelled dog piles.

Whenever I tried to hear roar
of propellers’ wings, the milk trucks
would careen by in their floats
and commuters late home whizzed by in droves
like ice cream vendors.

Eventually one went out
then the other and suddenly
way above them both
another lit, preternaturally still,
an emptying cinema’s white bulb.

A jogger came out of the dark
my side of the fence
I waved, “Do you know what that is?”
“It’s light to find the terrorists,” he said

and ran and I walked away
looking thru at darkness
and left one bulb in the middle
of the empty cinema

like traces of a flame
after you’ve closed your hand
and clenched your lids
and walked out of the shot

and lights still burn in that sky
and I translate the word of God
out of Hebrew. And wanderers in that dark
mistake those lights for guides through the ruins.