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A Look at Marking Time: Art in the Age of Mass Incarceration

The Exhibit

The Abroms-Engel Institute for the Visual Arts (AEIVA) has welcomed a new exhibit, “Marking Time: Art in the Age of Mass Incarceration”. The exhibit explores the United States’ criminal justice system, mass incarceration, discrimination and the very concept of justice with works from more than 70 different artists. Many of the pieces on display come from artists who are or were incarcerated, who used art as an essential outlet and form of expression within prison. Nonincarcerated artists are also featured, influenced by the damages of mass incarceration within their families and neighborhoods. The entire exhibit creates a critique of mass incarceration from a human right’s perspective, representing the voices of incarcerated persons that are typically silenced or ignored. “Marking Time” boasts three galleries of moving pieces that speak to the gravity and scale at which the human rights violations within our punitive justice system disenfranchise impoverished and minority communities throughout the United States, and features data and interviews that discuss ways these glaring problems should be addressed and combatted.

“Marking Time” was organized by curator Dr. Nicole R. Fleetwood, who has spent a decade researching the importance and development of visual arts and creative practices for incarcerated persons. Dr. Fleetwood deliberately removed any mention of charges or reasons for conviction for the incarcerated artists featured in the exhibit, forcing viewers to remove a layer of prejudice or thought regarding whether or not the artist is inherently a “good” or “bad” person, or deserving of their incarceration. As I progressed through the galleries of “Marking Time ”, one of the first things I noticed was exactly that; how I continuously perceived the artworks as being the creations of a fellow artist, not a criminal or prisoner. This intentional shift in perception creates an environment of thoughtfulness, analysis and depth that may not have been achieved otherwise, and makes the exhibit an excellent ignition for thought, conversation and activism.

When analyzing the works themselves, I was surprised to see how many were masterfully created from hair gel, sheets, uniforms, newspapers and contraband items when traditional art supplies were not accessible. Incarcerated artists are often limited in the tools they have to create art from, but countless works within “Marking Time” reveal the true resilience of an artist’s spirit, and how artistic expression can prevail above the smothering limitations of prison.

The Pieces

As this exhibit has been analyzed and discussed through its many travels from MoMA to AEIVA, I wanted to highlight a few of the pieces and discuss their particular significance to the conversation of human rights within the United States punitive justice system and mass incarceration.

Pyrrhic Defeat: A Visual Study of Mass Incarceration by Mark Loughney

Hundreds of sketched portraits decorating a wall. — Mark Loughney, Pyrrhic Defeat: A Visual Study of Mass Incarceration, 2014-present. Series of graphite and ink drawings on paper. 725 pieces total. Each 12 x 9 in. Courtesy of the Artist. Source: Original Photo

Loughney’s series, Pyrrhic Defeat, is named for a theory within criminal justice studies that explores how a failing criminal justice system that discriminates in its criminalization of certain groups substantially benefits certain elites. Mark Loughney has created over 750 portraits of his incarcerated peers in order to mark the passage of time within his own sentence, as well as provide fellow inmates with a positive alternative to the dehumanization caused by mugshots and prison IDs. His pieces provide the individuals with a level of personalization, dignity, and respect that is often forgotten and ignored within the prison system. Loughney spends 20 minutes on each sketch, and has to carve a creative, open atmosphere for each session out of the typical chaos and disruptions within a prison environment.

Untitled by Gilberto Rivera

Three mixed media paintings depicting the chaos of the Covid-19 pandemic. — Gilberto Rivera, Untitled, 2020. Newspaper, caulk, silicone, spray paint, acrylic, and markers on canvas and recycled canvas. L: 48 ½ x 60 in C: 59 ¾ x 51 ⅜ in R: 48 ¼ x 60 in, Overall: 60 x 156 ½ in. Courtesy of the Artist. Source: Original Photo

This Triptych by Gilberto Rivera places a spotlight on how mismanagement of the Covid-19 pandemic negatively impacted vulnerable communities throughout the artists’ hometown of New York. Rivera was a graffiti artist prior to his incarceration, and this piece truly reveals the artist’s emotions and style in a brilliant display of keywords, colors and figures. Rivera’s triptych incorporates newspaper clippings that highlight his disgust for how minority and immigrant essential workers were neglected as well as the fear incarcerated people experienced throughout the public health crisis. Prisoners across the globe were put into lockdowns to prevent the spread of Covid-19, and the result of this is an experience extremely similar to that of solitary confinement; a punitive mechanism proven to have extreme mental and physical health consequences. Despite these sweeping lockdowns, extreme overcrowding lead prisons to host the majority of the largest single-site outbreaks since the start of the pandemic. Despite these major outbreaks and casualties, prisoners fell to the bottom of priority lists for treatment and aid when medical equipment and essential items faced shortages. Rivera’s piece displays frustration and criticism of these issues that have hardly received the mainstream coverage they deserve.

Ellapsium: master & Helm by Jared Owens

Three painted panels with painted blueprints of a slave ship and federal prison overlapping. — Jared Owens, Ellapsium: master & Helm, 2016. Mixed media on birch panels. Each: 48 x 31 in. Courtesy of the Artist and Dr. Nicole R. Fleetwood. Source: Original Photo

With Ellapsium, Jared Owens addresses the racism of the criminal justice system as well as hierarchies and power struggles within Fairton, the correctional institution where Owens was imprisoned. This complex work features symbolism as a form of rebellion and disapproval, and bears an immediately recognizable resemblance to the infamous map of the Brookes Slave Ship from 1788 that displays how slaves were forced to live through their passage to America. This intentionally chosen symbol represents the violence, dehumanization, and other atrocities that slaves faced in early American history. The second and less known image present in this work is a blueprint of the Fairton prison; Owens’ combining of the two blatantly compares the horrors of the historical institution of slavery to the atrocities and discrimination committed by the United States’ current carceral state. Owens also utilizes color symbolically throughout his piece, and all of the colors used correlate to the artist’s daily life within a federal institution. The green of the institutional walls represents restriction and being subdued, blue represents the uniforms worn by prison guards, and brown represents the uniforms of those imprisoned. Orange, the most used color within the piece, was used within Fairfield to indicate areas that were off limits and unavailable to incarcerated persons, so Owens deliberately used that color for the boundary between the blueprint of the slave ship, of Fairfield, and the world outside of the two.

Owens is open about how his pursuit of art posed a legitimate threat to him within the Fairfield facility. Being caught with planks of wood to paint on or stretch canvas could have resulted in solitary confinement, extension of his sentence, or complete confiscation of personal possessions and art supplies. While these overwhelming restrictions greatly limited Owens while he was in prison, he has chosen to use his experience to create, raise awareness, and call for change- like so many artists featured alongside him in “Marking Time”.

Peace, Love, Harmony by Susan Lee-Chun

A rack of uniform orange detention hoodies, with patterns on the interior lining. — Susan Lee-Chun, Peace, Love, Harmony, 2007. Cotton fabric and dye. 36 x 60 x 18 in. Courtesy of artist. Source: Original Photo

Women on the Rise! (WOTR) was a feminist art project founded by Dr. Jillian Hernandez to provide girls in juvenile detention facilities with a platform for self-expression and dialogue. Inspired by her participation in this project, Susan Lee-Chun worked with a group of girls in juvenile detention to explore the politics of fashion, and asked her participants to “Think about who you are, what words, images or symbols define you or your beliefs. Use them to create a fabric design”. The resulting hoodies on display conform to detention center uniforms on their exterior, and on the inside feature patterns with rainbows, checkers, and the word “Love”. Upon completion of this project, Lee-Chun attempted to give the girls she worked with the resulting hoodies of their creation; and was denied that request. None of the girls involved were allowed to wear the hoodies. In public defiance, Lee-Chun’s hoodies now hang among the many artworks of “Marking Time”, criticizing a system that would prioritize conformity and uniform over the individuality, creativity and expression of a child.

How To See “Marking Time”

If you would like to see “Marking Time” and any of the artworks or artists featured above first hand, the exhibit is free and available to the public until December 11. Reserve your free ticket to view the exhibition here. Spaces per time slot are limited to 10 for a one-hour long visit. If you cannot make your time slot for any reason, please cancel the booking or call 205-975-6436. If you have any issues with booking your ticket or would like to reserve a group tour, contact AEIVA at aeiva@uab.edu.

Visitors must wear a mask at all times inside the AEIVA building and keep socially distanced. Free and metered parking is available along the streets surrounding AEIVA. Safety is UAB’s priority. The pandemic is a fluid situation that UAB is monitoring, in consultation with infectious disease and public health experts; events will be subject to change based on the latest COVID-19 safety guidelines.

All upcoming “Marking Time” programs are designed as hybrid events, with both in-person and virtual components. AEIVA is prepared to move any of the events entirely virtual at a moment’s notice. Visit AEIVA on Twitter, Instagram and Facebook for the latest updated information.

COVID-19 and the Native American Population

In retaliation to a day celebrating the world’s best-known colonizer, the infamous Christopher Columbus, on October 11th, Indigenous People’s Day highlights the culture, struggles, and history of America’s indigenous population. A silent struggle, however, persists: disease.

Native Health Disparities in COVID

The early 1600s brought to America the infamous two Gs—guns and germs—the latter proving the most deadly as bouts of influenza took a toll on Native American populations across what is now the United States. In the age of modern medicine, it comes as a surprise that disease still wreaks havoc on America’s indigenous population. The ongoing COVID-19 pandemic is no exception.

While COVID-19 holds a dizzying death count as its trophy, the disproportionate difference between white people and minorities, including Native Americans, is staggering. In fact, Native Americans can experience anywhere from 3 to 4 times the risk of dying from COVID-19 as compared to their white counterparts.

An animation of what COVID-19 looks like at the viral level — Unsplash

Funding the Indian Health Service

This vast gap is a reflection of poor medical and public health services for Native Americans. Health disparities that plague the Native population include diabetes, heart disease, and rates of addiction to harmful substances. These follow a similar pattern of COVID-19 with Natives being more likely to experience these chronic conditions compared to all other racial categories. These disparities could potentially be alleviated by greater equity in access to medical and public health services, but a fundamental issue in providing this care lies in Native sovereignty. As determined by Worcester v. Georgia, 31 U.S. 515, Native American land, or reservations, are considered sovereign land. While at face value this seems to be a win empowering Natives and acknowledging their right to the land that was once theirs, it creates a vacuum of public services.

Encapsulated by possessors of what was once their land, Native health and well-being are bound by the constraints of the state. A lack of widespread taxes, natural resources, and human resources leaves the reservations reliant upon the ‘external’ state of America for support and sustenance. Most money generated on reservations largely consists of gambling and casino money—practices usually outlawed in the surrounding states. This money only goes so far in providing for the tribe as money often stays within certain families, leaving the rest of the reservation in high rates of poverty. Thus, the main provider of health care for nearly 2.2 million members of the tribal communities, the Indian Health Service, is funded by American tax dollars. And yet, the IHS’s hospital system is severely underfunded and understaffed. The main mechanism created to fight disease seems designed to fail. In this sense, disease continues to persist as a remnant of colonialism, which directly violates the fundamental human rights to accessible health care and to acceptable standards of living.

Vaccination Rates on the Reservation

The only light at the end of the tunnel is the rapid rate of Native American vaccination against COVID-19. While co-morbidities and co-mortalities make it such that if COVID is contracted, Natives will be more susceptible to death, the COVID-19 vaccine acts as an equalizer. Once vaccinated, the likelihood of death by COVID-19 significantly decreases.

Native American tribes have been able to boast proud levels of herd immunity with large tribes like the Navajo Nation at roughly 70% fully vaccinated as of May 2021. This commendable statistic is a result of rallied community effort. Cultural values of supporting the elderly and a strong sense of family and allegiance to the tribe—values typically highlighted in Indigenous People’s Day—worked in favor of creating a climate in strong support of vaccination and vaccine acquisition.

Gloved hand pulling the liquid of a bottle labeled COVID Vaccine into a syringe meant to vaccinate people. — Unsplash

Looking Ahead

While the tide has turned in favor of Native Americans, preventing them from being labelled as another health disparity statistic in COVID-19, it is important to remember and to look towards long-term health care equity and solutions for Natives. While increasing funding for the IHS is certainly a good starting point, robust public health interventions and funding for community programs is necessary. Funding dollars from the top could in theory trickle down, but grassroot rallying and support for public health interventions in a community where cultural values of togetherness and unity already exist could prove to be the needed impetus for transforming not only health care access and quality for the Native American population but also general standard of living that leads to health baselines which are robust to disease.

Our Lost Indigenous Women

A protest, with placards displaying the faces and information of missing women — Source: Obert Madondo Via: Flikr/cc

The Problem

Indigenous women face overwhelming rates of violent crime, more than twice the amount of their non-Indigenous counterparts in the United States and 3.5 times in Canada. A 2016 study published by the National Institute of Justice revealed that approximately 84.3% of American Indigenous women have experienced violence against them in their lifetime and 56% of these women would become victims of sexual violence as well. In Canada, only 53% of Indigenous women’s homicides have been solved; drastically less than Canada’s national solve rate of 84%. That statistic becomes even more damning when we take into account that Indigenous females only make up 4% of Canada’s population, yet account for nearly one quarter of all homicide victims in Canada. For decades, Indigenous leaders, tribal governments and human rights organizations alike have called for national reviews in both Canada and the United States into the treatment of cases regarding Indigenous women. A publication from the US Department of Justice states that Indigenous female victims in the United States are far more likely to need services that aid survivors of such violence, but are the least likely group to have access to these services. The majority of Native American women will face physical or sexual violence in their lifetime, and more than a third will be unable to access necessary services after the event due to drastic disparities in access to healthcare and treatment by law enforcement. With each new set of data we have re-confirmed the existence of a plight sweeping through native communities, robbing women within them of their security, safety, and visibility.

Marchers holding a banner that says "No more stolen sisters" — Source: Yahoo Images

Missing and Murdered Indigenous Women (#MMIW)

In recent years, social media pushes have been made to raise attention for what is now known as “Missing and Murdered Indigenous Women”, a simple catchphrase encompassing decades of neglect from all channels that is now spearheading a movement for justice. This hashtag and social media campaign generates hundreds of thousands of interactions and impressions on social media every day, and brings attention to the individual stories of missing indigenous women or families of women lost to homicides that are still unsolved. However, indigenous women rarely get the national media attention that white women experience when they go missing; and when every minute and resource makes an empirical difference in the likelihood of that woman being found alive. A prior article from the Institute of Human Rights speaks specifically about the recent Gabby Petito case, and the disproportionate response of the American public for missing white women in comparison to women of color and indigenous women here. These drastically different responses only amplify the vulnerability of indigenous women.

It is horrific to think about a situation in which no one will come looking for you if you go missing. That nightmare has become an internalized reality in so many indigenous communities, where young women are being raised with impressive levels of advocacy for their missing sisters, but are witnessing first hand how much of a struggle that advocacy is. Social media is beginning to catch up to decades of research that has been waiting for a time like now, where the general public may be ready to listen and push for change. The Murder Accountability Project (MAP) has tirelessly collected data on unsolved homicides in the United States to apply pressure on law enforcement in communities with disproportionately high unsolved homicide rates, and put a spotlight on communities that fail to report important information to federal databases. The Indigenous community is heavily reflected in both of those categories.

A broken chain of command and lack of communication is often cited for why so few of these reported cases are ever investigated, as local, state and federal law enforcement agencies struggle to find a balance of working with native land and sovereign tribes through the reporting process. Many violent crimes against indigenous women occur on sovereign native land, however, 96% of the perpetrators are non-indigenous. This causes major confusion as tribal governments are unable to prosecute non-indigenous persons, and most standard law enforcement agencies have no jurisdiction over any crimes that occur on native land. This complicated mess of jurisdiction and authority confuses law enforcement, tribal governments, and victims alike.

Unfortunately, law enforcement has repeatedly made glaring errors that are impossible to ignore; tribal organizations have found that the United States National Crime Information Center recorded 5,712 reports of missing American Indian and Alaska Native women and girls in 2016, but the US Department of Justice’s federal missing persons database shows that only 116 of those 5,712 cases were never logged. Essentially, this information means that only 2% of all cases of missing indigenous women were properly reported. This cannot be ignored; many families, friends and loved ones are left wondering why our government has forgotten and neglected their sisters, mothers, wives and daughters. While the answer may not always be clear, movements like #MMIW are bringing this conversation to the forefront of politics and media. In order to provide justice for these women, we must demand increased preventative and investigative efforts to protect these women when they need it the most.

An infographic displaying data on missing indigenous women — Source: Reclaiming Power and Place: The Final Report of the National Inquiry into MMIWG VIA: Yahoo Images

Truths of Targeting

The vast majority of homicides of indigenous females go unsolved for years, and even the solved cases display how this systemic neglect has been repeatedly exploited. As determined by the FBI, “vulnerability” is a key factor in a killer’s process of victim selection; a category most indigenous women have been forced into by countless factors beyond their control. Prolific serial killers like Robert Pickton (Canada) and Robert Hansen (United States) specifically targeted indigenous women and sex workers during their killing sprees, and doing so allowed them to murder dozens of women completely undetected by law enforcement for decades. More than half of Pickton’s victims were thought to be aboriginal women, though many were never identified, and Hansen’s victims were often young indigenous women who had turned to survival sex work out of financial desperation. While describing research confirming how killers have manipulated vulnerabilities to their benefit, Co-director of MAP and criminologist Michael Arntfield determined that “Serial killers prey on marginalized populations, and indigenous women make up a disproportionate number in the victim pool”.

Sign stating "You are not forgotten" at a march for missing indigenous women — Source: Pressbooks Open Library Via: Yahoo Images

How to Help

There are many exceptional campaigns, research organizations and nonprofits to get involved that are currently on the forefront of the fight to end violence against indigenous women. If you wish to learn more about the topic, you can explore other Institute of Human Rights articles promoting Indigenous rights here, or click here to find an excellent resource sheet with educational sources and ways to get involved with MMIW. There are countless petitions for reform in both the US and Canada as well; this petition calls for the passing of Savanna’s Act, which will require the Department of Justice to update their missing persons database to better help identify missing and murdered Indigenous women and prevent further discrepancies in reported cases. This petition is a plea to the US Senate, calling for the Violence Against Women Act (VAWA) to be re-authorized and receive greater funding as VAWA increases abilities for tribal nations to prosecute non-native offenders as well as providing resources for responses from law enforcement on all levels when cases of violent crimes or missing women are reported. The Coalition to Stop Violence Against Native Women offers ways to donate, volunteer, attend community training, and other incredible opportunities to get involved in the movement. The Sovereign Bodies Institute utilizes donations to collect culturally-informed research on gender and sexual violence against indigenous peoples.

The only way to protect these women is to take drastic steps towards change. We can no longer ignore, deny or neglect the truths of everything both systemic and societal that has consistently failed the indigenous community, and the women within it. Please research, donate, volunteer, and find a way to become an advocate for the missing and murdered. We can have no more stolen sisters.

The U.S. Migration Crisis

On October 10, 2021, seventeen migrants fleeing from Cuba were apprehended after coming ashore near Key West, Florida. Arriving on a “chug”, or small, rustic boat that is common for those fleeing Caribbean nation-states, the migrants were given breakfast by police. Despite this small gesture of kindness, the migrants will most likely end up being deported back to Cuba.

As reported by the Miami Herald, in the fiscal year of 2021, the United States Coast Guard arrested 838 Cuban migrants, a staggering number considering that only 49 were detained in 2021. This recent uptick in Cuban migration reverses a downward trend that was seen after President Obama ended the “wet foot, dry foot” policy in 2017, which had allowed most migrants who made it to American soil to stay in the nation. The policy had first been introduced in 1995, and it’s reversal was an attempt to “normalize” diplomatic relationships with Cuba. Since the Cuban Revolution in 1959, over one million Cubans have uprooted their lives to come to the United States.

But perhaps even more alarming to those watching over the rights of undocumented persons is the plight of over 30,000 Haitian migrants who were expelled back to Haiti by Texas immigration authorities in record time in September 2021. Twitter exploded when a photo of U.S. border control agents on horseback chasing Haitian migrants was posted, highlighting the inhumane treatment many fleeing refugees face when making the dangerous journey to the United States. Immigration, an issue that has been a hot-button topic in the United States for decades now, has once again come into the collective conscience of domestic issues in the United States. Reform, now perhaps more than ever, is the call of all Americans, regardless of political alignment.

The Causes of Haitian Migration to the United States

To understand the migration crisis that is currently occurring at the southern border of the United States, it is paramount to explore the issues that are causing people to make a life-threatening journey of thousands of miles for the wish of a better future.

Haiti has experienced both natural disaster and political instability this year. On July 7, 2021, Haitian President Jovenel Moïse was assassinated in his home in Pourt-a-Prince, leaving the county in a vacuum of political unrest. And barely one month later, the already unstable state was rocked by a 7.2 magnitude earthquake, killing over 2,300 people and injuring over 12,000. 77% of those affected were already experiencing poverty.

Haiti has also been unable to recover from the 2010 earthquake, with over 300,000 people still living in unofficial housing or displacement camps. The cholera epidemic that was introduced by United Nations peacekeeping forces in the aftermath of the earthquake has infected over 800,000 people and claimed the lives of over 10,000. Haiti continues to hover in the bottom 10% of nations on the Human Development Index, with 2020’s report seeing Haiti at #170 out of 189 nations tracked by the system, the lowest of any country in the Western Hemisphere.

The promise of economic opportunity for Haitians, who are expected to earn $1,709 dollars per capita as Gross National Income, is enough to draw many away from Haiti. But as climate change continues to make tropical storms more numerous and severe in the Caribbean, we are not only seeing economic and political refugees flee to the United States, climate refugees have already begun to flee the immense poverty and misery present in Haiti and other Caribbean island nations. Climate refugees, This multitude of push factors have led hundreds of thousands to flee to the United States on the often unobtainable promise of a better life in a new country.

Attempts to Reform Immigration in the United States

Shows — Immigrants arriving at Ellis Island in the late 19th century. SOURCE : Yahoo! Images

The immigration debate in the United States has existed for almost as long as our nation itself. While immigrants from nations such as Ireland and Italy faced harsh discrimination throughout the 19th century, immigration remained relatively open and free. After the Supreme Court declared immigration regulation a federal responsibility in 1875, immigration controls were put in place quickly, with the Chinese Exclusion Act of 1882 beginning over a century of isolationist, anti-immigration political rhetoric and policy that lasts to this day.

After current President Joe Biden declared that the current United States immigration policy was a “moral failing”, human rights activists were excited for changes that would allow asylum-seekers and refugees an easier path to shelter. Biden also promised to “tackle the root causes of irregular migration”, sending a message that human rights abuses causing the crisis we are seeing out of Haiti and other Central American countries may finally be dealt with, raising the standard of living throughout these states and limiting the need for refugees to uproot their livelihoods to come to America.

Despite the hope for immigration reform on all sides of the American political spectrum, misinformation and fear have brought the possibility of positive change to a grinding halt. The most popular plan as of now is to introduce a path to citizenship for those who came to the United States before 2010. While this is amazing progress, it does not address the modern immigration crisis we have seen occur in the 2010’s into this new decade. It also would not provide amnesty for any Haitian refugees or asylum seekers who came to America in the aftermath of the 2010 Haitian earthquake.

There has been positive progress towards providing refuge from international crisis. The United States has seen a massive decrease in immigration arrests in fiscal year 2021. With the lowest numbers reported in a decade, the level of arrests in 2021 was 4.5x less than it was in 2011. Despite this progress in policy enforcement, actual changes in policy that tackle the systemic causes of mass migration from Central America and allow asylum seekers to more easily enter the United States would truly alleviate the migration crisis at our southern border.

The Future of Abortion Laws in the United States

The Texas Abortion Law, signed into law on May 19th, 2021, went into effect earlier this September, effectively banning abortions after the detection of fetal heartbeat. This law makes no exceptions even for victims of rape or incest.

Previous abortion bills introduced the state government and authorities to enforce abortion laws, but unlike anything seen before, Texas’s law awards the power to the citizens. Any private citizen in the country now has every right to sue anyone they suspect has had an abortion, took part in helping with an abortion, or in any way assisted an individual seeking an abortion in Texas. If the suit succeeds, the citizen will receive monetary compensation of at least $10,000. The intricacies of this law make it difficult to legally interpret since technically, abortion has not been criminalized.

History of the Heartbeat Bill

In 1973, the landmark Supreme Court case Roe vs. Wade federally legalized abortion in the first two trimesters of pregnancy but allowed states to ban abortion in the 3rd trimester. Since then, several state legislatures have passed so-called “heartbeat bills,” which criminalize abortions after fetal cardiac activity has been detected—usually at 6 weeks. However, this is only a flutter of electricity, and the heart forms only after 17-18 weeks. Most individuals do not even know that they are pregnant at this point, because birth control, other forms of contraception, or not tracking menstrual cycles can mask pregnancies until the 8th week.

Up until now, the Supreme Court has adamantly upheld Roe vs Wade, and every state abortion ban signed into law has been struck down in federal courts. In a historic decision, the United States Supreme Court ruled to let Texas temporarily implement its Abortion Law Although the decision was made in consideration of the difficulty interpreting the law by the Constitution, the hesitancy has been raising alarms all over the country.

During the Former President’s term, 2 conservative justices replaced the deceased Supreme Court Justices Ruth Bader Ginsburg and Antonin Scalia—tipping the balance of opinion from liberal to conservative. The new Supreme Court, with the power to influence landmark judicial decisions and history for the next century has many human rights and women’s rights activists seeing it as a threat to the well-being of the country. Reversing all or part of Roe vs. Wade will start an ethical slippery slope that some fear could lead to restrictions on contraception and women’s health services.

Historic Supreme Court building in Washington, D.C. pictured — Source: Unsplash; The Supreme Court Justices hear cases and make their decisions here at the Supreme Court in Washington, D.C.

Abortion as a Human Right

The United Nations affirms that access to safe and legal abortions is a fundamental human right. It is not only crucial to ending discrimination against women but also to protect women’s health. The United Nations Human Rights Committee (UNHR) states that restriction abortion bans violate basic “right[s] to health, privacy, and in certain cases, the right to be free from cruel, inhumane and degrading treatment.”

Despite the common misconception that abortion restrictions reduce abortions, they only increase unsafe abortions. Women and young girls use dangerous methods such as toxic chemicals, bodily harm, and relying on unlicensed abortion providers in their desperation to terminate a pregnancy. In fact, in the United States, the American College of Obstetricians and Gynecologists (ACOG) found that over 1.2 million women had unsafe abortions which resulted in nearly 5000 deaths, not including tens of thousands more left with long-term injuries and complications.

Depicts Abortion Rights protesters — Source Unsplash: Protestor holding up a placard stating “Protect Roe” in an October 2021 protest against Anti- Abortion Laws.

Women in Texas Now

The state has clearly indicated that the law is “not against women” but against abortion providers who are breaking the law.

Already, women in Texas are traveling out to liberal states such as California or New York to get their abortions. The influx of cases has overburdened providers in other states, but even still, those who make it out of state to receive an abortion at least have the option. The majority of women, however, do not have the means or funds to obtain an abortion in another state, so they turn to abortion pills to self-induce abortions. This method has its own problems. The pills can get stuck in customs anywhere from 2 to 30 days which adds to the anxiety of pregnant individuals, because the pills must be taken before 10 weeks of gestation to avoid life-threatening complications such as massive hemorrhaging.

Political Reaction

The Texas Abortion Ban symbolizes the modern bodily autonomy movement on a precipice. Based on the Supreme Court’s current balance, it is possible that Roe vs. Wade could be struck down within the next two years. One thing must be made clear though: overturning Roe vs. Wade means that abortion will only become illegal within states that have chosen to do so—not across the country.

However, another aspect to consider about the abortion rights debate is voice. Women and minorities are more empowered than four decades earlier and have the platform to fight for their beliefs. In fact, 77% of people want the Supreme Court to uphold Roe vs. Wade. If Roe vs. Wade is overturned, an unprecedented amount of public outcry will occur in every state to fight, once again, for the right to bodily autonomy that women have fought for decades.

Future

Later this year, the Federal Courts will hear Mississippi’s case to let their heartbeat law stand for 15 weeks. More conservative states will likely use Texas’s law to support their legislations. Thus, the outcome of these hearings will give the country an understanding of how the federal judicial system will respond to future abortion and women’s health legislation.

The Supreme Court’s ability to protect abortion rights is being tested, but according to the Los Angeles Times Editorial Board, the responsibility may be passed to Congress instead of staying with the courts.

In the Senate and House of Representatives sits a bill titled the Women’s Health Protection Act, which could provide universal abortion rights and remove the damaging restrictions women are subjected to for abortions. One of the goals of women’s rights activists is to see this bill passed in Congress, and the time has come for Congress and the Executive Branch to collaborate and alleviate any detrimental decision that the judicial system may make. The public can help with this goal by proactively voting for legislators that will turn bills into reality and supporting many nonprofit organizations and charities such as NARAL Pro-Choice American and Planned Parenthood through volunteer work or donations.

The Missing Case of Gabby Petito and the Cases of Missing Indigenous Women

Missing flyer of Gabby Petito depicting a picture of Gabby with the hashtag of America's daughter — Yahoo Images

On September 11, Gabby Petito, a young white woman who was travelling in a van and recording videos about her life with her boyfriend, was reported missing by her family. Petito’s popularity on YouTube and Tik Tok helped the story circulate like wildfire with true crime podcasts , national news channels , and intense investigation from officials and the general public. The fervent public engagement and dedication of investigative officials lead to Petito’s remains being discovered in less than a month in Wyoming. Within the last nine years 710 indigenous people, mainly women, have disappeared in the same area where Petito was found, and most cases have remained unresolved. Where was their national media coverage? Currently, 64,000 Black women are declared missing within America, but where is their media attention and public outcry? The case of Gabby Petito is an unfortunate situation and deserves to have the proper investigative force behind it. However, we must ask ourselves why cases like Petito’s, usually young white women gain the most awareness, while women of color, like indigenous women are often ignored on a local and national level. The power of the media and public opinion is significant. The interest of the public has been able to reopen cases and even apprehend criminals. Public outcry has secured justice for victims and their families, which is recognition and treatment that indigenous women often lack.

Indigenous women with red hand painted over the mouth, presenting the voiceless and missing indigenous women — Yahoo images

The Mary Johnson Case

On November 25, 2020 Mary Johnson, an indigenous woman of the Tulalip Tribe, went missing while walking to a friend’s house in Washington state. Over the span of 10 months, the search for Johnson involved a billboard on the interstate and local media coverage, which resulted in little development towards finding or arresting the perpetrator behind her disappearance. Local tribal police efforts have not recovered Mary Johnson’s body and have not made any arrests, despite having identified multiple people of interest.

Why has such little investigative action occurred over such a long period of time? Abigail Echo-Hawk, chief research officer for the Seattle Indian Health Board, states that investigation by law enforcement is often delayed due to the “maze of jurisdiction” in the local county. The boundaries among the authorities overseeing the case must be distinguished between the federal government, state government, and the tribal police, this process is often complicated by the complex procedures of bureaucracy. Additionally, tribal authorities often lack jurisdiction or are limited in their ability to prosecute non-Native people for crimes committed on tribal land. The federal government, which carries the authority of persecution, often does not offer its services. The competence and empathy that Mary Johnson and her family deserve was undercut by governmental and legislative administrations who focused on avoiding responsibility rather than seeking justice, for Mary Johnson. Cases such as Mary Johnson continue to emulate the numerous, and neglected cases of missing indigenous women.

Banner with the words "No more Stolen Sisters" at a protest for missing indigenous women — Yahoo Images

The Disparities in Media Attention and Investigation

The discrepancy in the media treatment and public awareness of missing white women compared to missing women of color, including indigenous women, is referred to as “missing white woman syndrome.” The Lucchesi Sovereign Bodies Institute reports that from 2000 to 2009 local and state media covered 18% of homicide cases related to indigenous women and 50% of homicide cases related to white victims. The reporting of cases between white and indigenous victims is even dependent on the status of the victim, whether they are dead or alive. The Wyoming Survey and Analysis Center reports that white people are more likely to have an article written about them while they are still alive. Approximately 76% of articles written about white victims are published while the victim is still alive, but 42% of articles written about indigenous victims are written after the indigenous victim is found dead. Indigenous people are more likely to have an article written on them if they were found dead with 57% of articles being on indigenous missing people, but no articles about white missing persons which displays that white missing persons receive media recognition in a timely manner, before the victim has been found dead. The underrepresentation of indigenous women within media is alarming considering how there have been 5,712 missing cases since 2016, .

The lack of awareness and ignorance surrounding the numerous cases of missing indigenous women is ironic considering how indigenous women are at higher risk for acts of violence and should receive more awareness and protections. In fact, American Indian and Alaskan Native women living on tribal lands are murdered at rates more than ten times the national average, according to the U.S. Department of Justice. Publicity around these cases is crucial because these cases are not simply cases of missing people, but also cases of domestic violence, homicide, sexual assault, and sex trafficking which are rampant issues within indigenous communities. Compared to their white counterparts, indigenous women are 1.7 times more likely to experience violence, and 2 times more likely to be raped. More than half of indigenous women have experienced sexual violence (56.1%) and have been physically abused by their partners (55.5%). These acts of violence intrinsically violate and disregard the human right for indigenous women to exist in peace and security. Systematically, the safety and protection of indigenous women is neglected and allowed to continuously occur without intervention from the United States government.

Why is there a Gap?

Indigenous women’s rights advocates argue that indigenous women are often blamed for their own disappearances, thus resulting in a lack of empathy and effort from officials, media, and the public.

Echo-Hawk, Seattle Indian Health Board chief research officer states that, “They’re [indigenous women] assumed to have run away, have substance abuse issues, or done something that justified them going missing or being murdered.”

Due to such prejudice and bias from authorities, the crucial initial period of search for a missing person is often lost because of the dismissal of families’ concern and refusal of investigative officers to report an indigenous woman is missing. Echo-Hawks details the common scenario as victim blaming where authorities ask questions like, “Did she run away? Was she out drinking?” and then dismiss family member concerns by saying their loved one will likely just come home in a couple of days.

Beyond the biases of local authorities, such victim blaming can manifest into negative character framing within media coverage further leading to poor incentive for authorities and the public to display concern and initiative in resolving cases and serving justice for missing indigenous women. The Governor’s Taskforce on Missing and Murdered Indigenous Persons reports that 16% of articles about indigenous people involves negative character framing, emphasizing negative aspects of the victim’s life, family, and community that are unrelated to the crime itself.

founders and members of the Na’ah Illahee fund — Yahoo Images

How can you help?

The negligence of authorities and lack of media attention isolates Indigenous families in their search for their missing family member.

A Seattle Native-led nonprofit Na’ah Illahee (NIF) launched the “Red Blanket Fund,” to provide support for families of missing and murdered Indigenous people. You can donate to Na’ah Illahee and other organizations like it. Additional organizations include, Missing and Murdered Indigenous Women USA and National Indigenous Women’s Resource Center.

Improper Sex Education and the Effects on Women’s Health in Alabama

Sex Education in the United States

In the United States sex education has historically been underfunded and often used as a tool to shame people for their sexuality. Currently, only 29 states in the United States mandate sex education; however, this still does not ensure that children are taught medical sex education in school. In fact, 37 states within the United States require abstinence to be taught as the only way to prevent sexually transmitted diseases and unwanted pregnancy. Even worse, up until April 2021, seven states in the South prohibited educators from discussing LGBTQ+ identities and relationships, which further stigmatizes youth and puts them at a higher risk of contracting sexually transmitted diseases. Currently, now that Alabama has passed a new bill which removed homophobic language forbidding schools from teaching LGBTQ+ sex education, teachers are able to create sex education curriculum as they please, as long as parents are sent an overview of the curriculum and agree to let their children learn said material.

How U.S. Sex Education Policies Measure Up to the ICPD

According to the 1994 Cairo International Conference on Population and Development (ICPD), “ the objective to achieve universal access to quality education, underlines that gender-sensitive education about population issues, including reproductive choices and responsibilities and sexually transmitted diseases, must begin in primary school and continue through all levels of formal and non-formal education to be effective.” The ICPD further notes that “full attention should be given to the promotion of mutually respectful and equitable gender relations and particularly to meeting the educational and service needs of adolescents to enable them to deal in a positive and responsible way with their sexuality.” When looking at the rights set forth by the ICPD, it becomes clear that the United States is failing their youth populations and exposes them to unnecessary risk by refusing to inform them of the dangers that come with unprotected sex. By not requiring sex education, the United States also fails to inform youth of preventative measures they can take to ensure the utmost safety and consensual enjoyment between parties. This lack of education has not only resulted in a multitude of unwanted pregnancies and an overflooded foster care system; but has led to thousands of people, especially in the South, contracting chronic disease and illness that will impair them for the rest of their lives as well.

Women’s Healthcare in Alabama: The Dangers of Improper Sex Education

While the United States as a whole has failed its constituency by refusing to mandate sexual education to be taught in schools, the state of Alabama stands as a paradigm for just how dangerous a lack of healthy and inclusive sex education can be. According to Human Rights Watch, the lack of sex education in Alabama has led to relatively high mortality rates. These “mortality rates are higher for Black women, poor women, and those who lack access to health insurance.” In fact, according to the CDC, in 2017, Alabama was among the top five states in the country in terms of the highest rate of cervical cancer cases and deaths, and “Black women in Alabama are nearly twice as likely to die of the disease as white women.” While multiple factors are contributing to this alarming statistic, Human Rights Watch found the following issues to be catalysts for these poor outcomes in Alabama: “shortage of gynecologists in rural areas, prohibitive transportation costs often required to travel to see a doctor for follow-up testing and treatment, and Alabama’s failure to expand Medicaid to increase healthcare coverage for poor and low-income individuals in the state”. By refusing to provide access to healthy sex education, Alabama has left thousands of women without the proper knowledge that is necessary to lower the risk of cervical cancer.

A mother and her child during a pediatric check-up — Yahoo Images, a mother and her child photographed during a pediatric check-up

The Current State of Sex Education in Alabama

In Alabama, the current state code claims that abstinence outside of marriage is the “social norm”. By making non-marital sex an abnormality, the legislatures have shown that they have no interest in providing education to youth who may break the “social norm”. Moreover, in the past, Alabama code emphasized that sexual curriculum had to be presented in a “factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under the laws of the state”. By painting non-heteronormative orientation as “criminal” Alabama consciously stigmatized members of the LGBTQ community for decades, which put them at a higher risk of contracting a chronic disease. In fact, according to SIECUS, Alabama ranked fourth in the nation for reported cases of chlamydia, gonorrhea, and syphilis in youth aged 15-19. Yet, thanks to activists and constituents voicing their concerns, the Alabama legislature has now removed said discriminatory language from their sex education bill. However, there is still a large amount of work that must be done to further advocate for proper, medical sex education to be provided to students.

Yahoo Images, A woman is holding a poster which states “A woman’s place is in the resistance”

Ways to Get Involved

Thanks to the work of activists, legislatures, and constituents alike, Alabama’s laws have been updated so that they no longer criminalize LGBTQ+ individuals within the states schools’ sex education curriculum. Yet, the work is not over, and schools are still able to refuse to educate students on safe sex practices for non-heteronormative relationships, as long as parents of students consent to the curriculum proposed by staff. This continuation of the lack of medical sex education in our school systems is still leaving children vulnerable to ignorance, and exacerbating the current health issues which are prevalent amongst marginalized groups, especially within the South. Certain organizations, such as the Alabama Campaign for Adolescent Sexual Health and Advocates for Youth Sex Education, are currently advocating for proper sex education. If you are interested in getting involved, sign up to be an advocate for proper seed education through AMAZE, or with WISE (Working to Institutionalize Sex Education), to help aid in the fight for proper sexual education for our youth. Furthermore, if you would like to learn more about the rights of LGBTQ+ individuals and current issues within the LGBTQ+ community, then click this link.

The Realities of Being Homeless in America

The homeless population in America tends to be neglected by the society they live in. They are among the most vulnerable, belonging to already marginalized communities that struggle to meet their day to day needs. As a result, the unhoused have little to no power or influence on social norms and affairs. As someone who has experienced homelessness both in India and in America, I have come to distinguish some of the common misconceptions society holds about the unhoused population. There are a lot of stereotypes and social stigma that surrounds the discussions around homelessness, which often blames the victims of systemic issues, instead of restructuring the conversation around how we as society can best help these marginalized groups realize their basic human rights to shelter. In order to do so, we must first understand what it really means to be homeless in America.

History of Homelessness in America

Homelessness is not an issue unique to the United States, as it can be found in countries all over the world. While homelessness in America can be found as early as the colonial times, modern homelessness rose as a response to the Great Depression, where people experienced high levels of unemployment and poverty. Especially interesting is the relationship between the growth of urban cities and the rise in homelessness. Coupled with low-wages and higher costs of living, people found it more expensive to find places to live in urban centers, such as New York and California. The aftermath of the Great Depression put a lot of people in desperate need of employment, and as the economy took to the service industry, more and more undereducated, impoverished people had no other choice but to turn to these low-income jobs. The country’s shift to a service economy meant that laborers were now being paid lower wages, leaving service industry employees unable to afford the rising costs of housing. Coupled with higher housing costs and lower wages, when people turned to social welfare programs, they found these programs to be lacking in funds as well.

Additionally, there was a campaign to “Deinstitutionalize” people held in mental asylums. While the campaign itself was well-intended, its applications were lacking in structure, and instead of providing patients with proper access to mental health resources, people with mental disabilities were released to fend for themselves. The neglect of these institutions led to the increasing numbers of mental health patients facing housing insecurity. To make matters worse, gentrification policies (made to bring in wealthy real-estate investors and high-income residents to underdeveloped parts of the city) led to the displacement of many low-income families, putting them out of their homes. These policies disproportionately affect people of color, something that has forced many marginalized communities to fall prey to an endless cycle of poverty and degradation.

Unfortunately, one of the most concerning additions to the homeless population is the disproportionate number of youths that identify as being part of the LGBTQ+ community. According to a recent study conducted by Chapin Hall at the University of Chicago, LGBTQ+ youth had a 120% higher risk of experiencing homelessness. These members who already belong to an ostracized community can become more vulnerable to harassment, violence and hate crimes.

Additionally, unable to find jobs after returning home from military service, many veterans end up homeless with nowhere else to go. Although places do exist to support veterans who experience homelessness, many are either unaware of the resources at hand, or too ashamed to use these resources. As a result of the social stigma surrounding the topic, people experiencing homelessness often become withdrawn from society.

Society’s Attitudes Toward the Homeless

A bench that has armrests in-between to prevent laying down — Source: Yahoo Images; An example of hostile architecture that prevents the unhoused from sleeping on benches

Homelessness is received with wildly different attitudes among different cultures. America is a very diverse country, with people that share hundreds of different cultures and traditions, and these cultural attitudes can carry over in the way they respond to contemporary social issues. Different cultures share a varying definition of what a “home” means, and even more distinctions in their approach toward people experiencing homelessness. What the dominant White culture might consider to be a home, (an individual unit of space for nuclear families), might not be what someone who belongs to the Indigenous population believes. They might argue that a home is where you can interact with your community, a place to feel safe and share with friends and family. Even the attitudes toward helping people who are unhoused have strict cultural implications. As described in Islam, it is part of the every-day religious ritual of a Muslim to give alms and help the poor in their community. In Hinduism, while helping the poor with food and shelter is allowed, certain castes are not allowed to eat alongside with or sit beside people of lower castes. People experiencing homelessness have their own unique culture, where certain skills or strategies for survival on the streets are shared amongst each other.

Along with all these complexities, the unhoused also undergo various types of stigmas, including social stigma, and cultural stigma. Social stigma can be discrimination and harassment directed toward the homeless population by the institutions, systems and people that make up society. Cultural stigma can refer to the stigma expressed by friends and family members or other religious or cultural institutions that may shame and blame the victims for being homeless.

Unhoused people also have a hard time finding employment. This is partly due to the fact that the job application requires a home address for the application process to be completed. As a result, people who are dispossessed also experience difficulties when finding housing. The applications for apartments include a proof of income/employment section and applying for government housing takes months to be processed and reviewed. Many states have long and complicated application processes, and even then, it is not a guaranteed housing option. Nevertheless, applicants can be denied, and they would still need a place to stay while awaiting their application to be approved.

Adding to these difficulties, people in the homeless community are constantly harassed with wild stares or abuse, (both verbal and physical), from members of society. The law enforcement agency, an institution designed to serve and protect people of the community, may make matters worse by deteriorating the situation further. Without proper training, police approach the homeless defensively, ready to attack at the slightest “abnormal” reactions. What they haven’t been trained to realize is that many people experiencing homelessness are also at high-risk of developing mental health issues due to the stress and realities of being homeless. These altercations can turn deadly, and unfortunately, many people of the homeless community have either been locked up or even killed by officers of the law. Many of these instances were even caught on camera, yet these officers faced little to no accountability or legal punishment.

People experiencing homelessness are also easy targets to getting their possessions robbed, and many times, police will raid their camps and confiscate what few belongings they might acquire, including sleeping tents and toiletries. Society also treats the homeless population as a burden and blames them for being “lazy” or “druggies” or “criminals/suspicious,” without any provocation from the homeless community. It can be especially insulting for the people experiencing homelessness to be judged for their situation while society simultaneously fails to criticize the state’s inability to protect peoples’ fundamental human rights to food, shelter, and other basic needs.

The Legal Response to Homelessness in America

Spikes under bridges — Source: Yahoo Images; An example of hostile architecture to deter the homeless from sleeping under bridges

The legal response to the homelessness crisis in America has not been a heartwarming one either. Urban cities all over the United States have put in place anti-homelessness measures, otherwise known as hostile architecture. These include slanted benches, benches divided by armrests, spiked and rocky pavements to prevent people from sleeping there, and even boulders under bridges. Not only are these measures inhumane, they also cost the tax-payers a lot of money. These atrocious tactics are put in place to discourage homelessness, attempting to connect rising numbers of homelessness to increased crime rates. As recently as July of this year, Los Angeles even went so far as to make homelessness downright illegal, restricting homeless encampments in majority of the city. The city has even prohibited the homeless from sitting, sleeping, or laying in public. Due to the fact that homelessness overwhelmingly affects people who belong to already marginalized communities, a rights-based approach is necessary, one that addresses the existing systemic issues which need to be fixed first.

Covid-19 and How it Continues to Impact the Homeless Population

An image of a crowded homeless shelter — Source: Yahoo Images; Homeless shelters can be crowded, without proper social distancing measures in place

The Covid-19 pandemic continues to impact many different communities in a variety of ways. The pandemic hit especially hard among the homeless population, where access to hygienic products are often slim, if not non-existent. People experiencing homelessness may not have the ability to continuously wash and sanitize their hands, with limited access to clean water and soap products. They also been experience complications with social distancing measures, forced to be in crowded spaces like homeless shelters, which has only increased their risks of getting infected. Furthermore, even when infected, or exposed to the disease, the homeless population has very limited ability to quarantine, further allowing the spread of the disease to others in close proximity. The unhoused population has limited access to healthcare and medicinal treatments, and many are already immunocompromised or have pre-existing conditions, which increases their vulnerability of catching the disease. Stereotypes geared toward the homeless population labeling them as “junkies” or “druggies” has influenced the care they receive, leading to many cases of misdiagnoses or mistreatment as a result of biases held by healthcare professionals and others in the health care industry. Due to the rise in unemployment numbers during the economic shutdown as a response to the pandemic, millions of people who did not qualify for unemployment benefits, and could not make ends meet, also became homeless as a result.

Some Successful Approaches to Ending Homelessness

A person sitting next to a hostile architecture with a sign reading, "Homes Not Spikes" — source: yahoo images; An unhoused person advocating against hostile architecture

There have been some successful attempts at ending homelessness in America as well as in other nations. Utah attempted to decrease its rates of homelessness back in 2015, which successfully reduced its homelessness by 91%. They executed a policy known as “Housing First,” which gave their chronically homeless populations free housing, a decision that cost the state less money than alternative anti-homelessness measures. This program unfortunately has not been a complete success, as people experiencing homelessness in other states have been migrating to Utah, making it too expensive for Utah alone to pay for the country’s increasing homelessness crisis. A national policy, on the other hand, that could implement the Housing First approach taken by Utah, may be the easiest, and essentially cheapest option to ending the homelessness crisis in America. This is essentially what Finland did. In 2019, Finland approached the homelessness issue with the most obvious of answers, by providing housing for all those who are unhoused. Like Utah, they applied the “Housing First” policy, (which came with no strings attached), recognizing that housing is an essential human right that should be protected and promoted. They also understand that in the long run, providing the homeless population with housing is the cheaper option to society. Also, as examined earlier, if applied in America, this Housing First policy will inevitably save more lives, with fewer interactions between the homeless and the police.

While homelessness is not something people are normally born into, the unhoused face discrimination, stigmatization, and marginalization from society just as much as any other group. Although people’s socioeconomic status is a major factor in determining who is most vulnerable to experiencing homelessness, as we’ve seen in the case of the LGBTQ+ youth, and older veterans as well, homelessness can impact people of any and all races, at various age levels, and at any given time. The pandemic itself has expanded the homeless population as people are unable to pay their backed-up rent or mortgage payments. While alternative approaches can assist to eradicate levels of homelessness in our society as implemented in Finland and Utah, it is crucial that we also continue to destigmatize being homeless in American society and take a rights-based approach to finding long-term solutions to end their suffering.

“Pursuing Justice with Love and Power”: A Conversation with Brittany Packett Cunningham

a piece of street art from a George Floyd protest — Justice and Love. Source: Renoir Gaither. Creative Commons.

On Tuesday April 6^th, the Institute for Human Rights at UAB welcomed acclaimed author and activist Brittany Packnett Cunningham to speak. Brittany facilitated a conversation entitled “Pursuing Justice with Love and Power.” The discussion was moderated by IHR graduate assistant Jaylah Cosby and IHR intern Faiza Mawani.

Brittany began with discussing her inspiration for the phrase “love and power.” The phrase was actually borrowed from a lesser known piece of writing by Dr. Martin Luther King, Jr. It can be utilized in word format or in a series of emojis: the heart emoji to represent love and the fist emoji to represent power. Love and power are conceived as two opposites. For example, love is perceived as soft whereas power is perceived as intense. However, Brittany emphasizes the importance of the two together. Our power can be informed with our love. This can be seen in a political landscape with loving policies that empower people where they are.

Brittany then pivots the conversation to discuss love and power in the context of community building. Community building begins first by being in and participating in the community. She describes 2014 as a pivotal turning point in American history and in her personal history. With 2014 came the protests in Ferguson where young people protected the American people’s right to protest. Communities showed their love for themselves and for others by standing up to the injustices in local, national, and international communities. Love is the root of protests. Brittany states, “We don’t need to know the people who have died by police violence to love them.” To actualize what love looks like, it is required to be in community with people.

When asked about whether the term “community” can mean an integrated community or a homogenous community, Brittany confirmed that both are necessary in making sense of our racial identity in the world. Affinity spaces allow for safety and comfort in what we know and understand. Finding community in those affinity spaces often provides the opportunity to find community in multicultural spaces. While working towards that multicultural community can be difficult and uncomfortable, that safe space from the homogenous group is still there at the end of the day. In answering this question, Brittany emphasizes the need to push for integrated spaces while also understanding the simultaneous need for affinity spaces.

In the time of COVID-19, digitalization has become ever more present in all spaces an advocacy is no exception. Brittany acknowledges how digital spaces have somehow made it easier to work as an activist. She describes digitalization as another tool in the toolbox that works toward justice. It changes the way people can view work, life, and accessibility. However, the digitalization of life and work has also allowed misinformation to flourish. Brittany’s example of the dangers of misinformation is with voter suppression. The most effective form of voter suppression is to convince voters to stay home by encouraging them to believe that their vote doesn’t count. Similarly, Brittany warns against performative digital advocacy. If an Instagram post is being created with the sole purpose of gaining followers, this is an example of performative digital advocacy. Instead, advocacy posts should encourage action and therefore be productive. Most importantly, digital advocacy must amplify the folks most affected by the issue whenever possible.

A question from the audience inspired Brittany to discuss the intersection between religious faith and social justice. In response, Brittany stated, “I identify as political not in spite of my faith but because of it.” Brittany speaks from the perspective of a Christian and highlighted many of the issues modern Christianity has.

The conversation began to orient towards the Derek Chauvin case, which was ongoing at the time of the event, and policing in the United States. Brittany admitted to not watching the trial but looking at the coverage after the fact. Her primary reason for doing so is an understanding that nothing in the Derek Chauvin trial will bring back George Floyd. She highlights the important difference between justice and accountability in this section of the conversation. Justice would be an anonymous, alive, George Floyd sitting with his family and friends and living his life. That will never happen due to the actions of Derek Chauvin. However, Chauvin can be held accountable for his actions. When discussing the trial, Brittany states how she hopes that from the spectacle that is the trial, people are able to understand that police officers should never be expected or allowed to be the judge, jury, and executioner.

Brittany’s perspective on policing in the United States is that it needs to cease to exist how it is. She cites the “abolitionist tradition” of the United States. The people who fought against the abolition of slavery often argued the economics of slavery and the reliance the United States had on it, a similar argument we see occurring now when discussing police systems. Brittany asks the audience that if reimagining what public safety looks life scares you, to ask yourself where you would have stood on the abolition of slavery. “The safest communities,” Brittany states, “are not those with the most cops, both those with the most resources. Period.”

Brittany ended the conversation with advice on how to “get on the train” of activism. She says that the most important things to do are to listen, learn, and act but acknowledges that the temptation in activism is to default to whichever of those three is your are comfortable with, which is often “learn.” Brittany explains that it is easy to fall into the trap of sitting in the corner of your house, reading the literature and listening the people but never exiting to help build the communities and act. Learning is only half of the work. With such a digitalized world, there is an opportunity to learn and listen from the people we are the least like. Brittany advises to write down what gives you a privilege and an advantage in the world and follow the people who do not have your privileges. She also advises to act locally, highlighting the fact that you do not have to travel to another place to be an activist. “Link up with the organizations in your community,” Brittany advises, “and that is how we get to work.”

Why Feminism Needs To Be An Anti-Racist Movement

March 8^th was International Women’s Day. When I woke up that morning and started scrolling through Instagram, I saw all my friends and family recognizing the burdens that women face and celebrating their strength and existence. Then, I saw a post about Meghan Markle, a Black woman who is also the Duchess of Sussex, and the very racist comments that have surfaced after her interview with Oprah. A week later, on March 13, was the one-year anniversary of Breonna Taylor’s murder. Breonna Taylor’s family still hasn’t received justice for her murder. The sexist and racist language surrounding Taylor’s death was despicable. Last week in a mass shooting, six Asian American women were killed directly related to the anti-Asian rhetoric that’s been happening since the emergence of COVID-19 and the racism that’s been normalized towards Asian communities. The irony of the situation seemed inescapable in light of the celebratory month. Women are supposed to be uplifting other women, especially Black women. Malcolm X said that, “The most unprotected person in America is the Black Woman. The most neglected person in America is the Black woman,” and the past year has shown us that. Just like it’s shown us that it’s all women of color whose needs will be ignored and whose bodies will be violated. As a fellow woman of color and a feminist, I know I exist at the intersection of multiple systems of oppression: white supremacy and patriarchy. I believe that we can’t be feminist, unless we are also antiracist.

Feminist Theory

Mainstream feminist theory has been criticized for centering the needs of white women and largely ignoring the needs of women of color, or assuming that their needs are the same. This has led to White women speaking on behalf of all women, as if it’s a situation of one size fits all. It’s not. Similar to how the reproductive justice movement became based on the needs of middle-class white women, the idea of “sisterhood” within the feminist movement also catered to similar populations. Due to this, it’s not surprising that even though we have, Black, Indigenous, Mexican, and Asian feminists, their platforms and voices are often ignored and suppressed in preference to white women. Even when gender and race oppression are acknowledged and discussed, information pertaining to gender oppression is only highlighted from the perspective of white women. Racial oppression and systems of resistance are most often told from the perspective of men of color, further negating the very specific experiences of women of color.

Black women and women of color are not only told that they belong to lesser genders, but that they are of lesser races. The experiences of white women who have experienced oppression is unlike the experiences of women of color. There is no parallel, because the intersectionality of their identities compound on each other to equate a sum that is greater than oppression from any individual source. These experiences of discrimination are attributed to race, gender, class, or all three. Not only are women of color experiencing this unique combination, but they are also aware that they are being marginalized from multiple avenues; avenues that don’t oppress white women or other men of color.

Source: Yahoo Images (brewminate.com). Portrait of Maria Stewart-the first Black feminist abolitionist.

The anti-racism movement has been far more socio-politically active than the feminist movement. Black women were key figures during the abolitionist movement, fighting for womanhood denied to them as enslaved persons. While Black men were in the media spotlight, it was Black women who were running the show from behind the scenes of the civil rights era from raising funds, community and grassroots organizing, and mobilizing followers. As such they were key activists for antiracism, allowing them to secure their roles in the gender inequality movement. But the work of these Black women in the civil rights movement has been ignored and forgotten, in leu of men who often held sexist beliefs on gender norms and equality.

Feminism as an Antiracist Movement

Feminism needs to be an antiracist movement, because there is a need for a political movement that highlights the intersection of race and gender oppression. Yes, white women have been mistreated. Yes, they have faced oppression, but it’s important to recognize that for women of color, this discrimination and mistreatment is doubled and quadrupled. If we can free Black women, dismantle the patriarchy, and white supremacy, all women will be free. Only when we address white supremacy and systems of violence that benefit the white man, can we truly start to change the other related systems of power and oppression.

How can you help?

Continue to raise awareness and fight for Breonna Taylor.
Listen to the experiences of Black women and women of color around you. Come from a place of empathy. White women need to decenter and rid of themselves of the white savior complex. Their activism needs to happen because it’s the right thing to do.
Address the need for intersectionality when talking about race and feminism.