Category: By Geography

Gerrymandering’s Effects on Democracy

by Pam Zuber

The Gerry-Mander political cartoon by Elkanah Tisdale
The Gerry-Mander: political cartoon by Elkanah Tisdale. Source: Wikicommons.

The Gerry-Mander is a name for a creature that appeared in editorial cartoons in 1812 and 1813. Given how gerrymandering has shaped and can shape politics in the United States, calling a Gerry-Mander a monster is no mere exaggeration. Gerrymandering takes its name from Massachusetts governor Elbridge Gerry. In 1812, legislators in Massachusetts’s Democratic-Republican Party redrew the map of a senatorial district to concentrate voters of its party in certain geographic areas. The same map dispersed voters of the rival political party, the Federalists, to separate districts.

Governor Gerry signed this map into law in 1812. This map drew the wrath of the opposing Federalists and spawned the cartoon that criticized the redistricting. The practice and the cartoon gave us a term for politically based redistricting that political bodies still use. We continue to use the term because the practice continues to this day. Politicians still reshape voting districts to suit their political purposes, much as they did in Gerry’s day.

Why Does Gerrymandering Violate Human Rights and the U.S. Constitution?

Creating electoral districts that skew political party representation contradicts democratic principles and human rights. Gerrymandering provides the illusion of democracy but actually denies it. The process still perpetuates voting districts. People in these districts have the ability to vote and usually have their choice of candidates. But, which candidates can they support? People in one district who traditionally vote for one party might not be able to fully support the candidates they would have seen if their districts were more traditionally configured. The voters might have choices, but false choices.

These false choices can undermine their lives. For example, voters might want to vote for candidates who support government-sponsored health insurance, but find that gerrymandering is affecting their choices. Their choices and their voices might be muffled because their votes do not count as much as they could have counted when combined with additional votes for the same candidates and causes. Their votes might not count since they are dispersed among other districts and not concentrated like the votes of other parties in gerrymandered districts.

Redistricting appears to be unconstitutional. It denies basic rights granted by the U.S. Constitution. The Fifteenth Amendment states that “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Shifting geographic precincts to highlight or downplay specific candidates appears to abridge the right to vote, a direct violation of the Constitution.

Do People Gerrymander Today?

Yes. Politicians of both parties continue to create electoral districts that blatantly benefit their political parties. A federal court declared in August 2018 that the state of North Carolina’s map of Congressional districts favored Republicans. The court declared that the map “constitutes an unconstitutional partisan gerrymander in violation of the Equal Protection Clause of the Fourteenth Amendment, the First Amendment, and Article I of the Constitution.” The next month, the same federal judges ruled that although this map did feature gerrymandering, there would not be enough time to change the map in time for the elections planned for November 2018. North Carolina would not be able to not use this map after these elections, so North Carolina will need to use a new Congressional map for elections in 2020.

Gerrymandering has occurred in other regions of the country. In 2016, the United States District Court for the Western District of Wisconsin ruled that the Wisconsin Legislature drew electoral maps that favored Republican Party candidates in the state in 2012 and 2014. The case made it all the way up to the U.S. Supreme Court. But, in June, 2018, the Supreme Court refused to hear the case, stating that the bodies bringing the case lacked the legal standing to do so. It sent the case back to lower federal courts. This meant that Wisconsin would use the same maps in November 2018 elections.

A number of political insiders expect that voters throughout the United States will use their votes in the November 2018 elections as a way to protest U.S. president Donald Trump and his fellow members of the Republican Party. But, if gerrymandered maps remain in place, they could skew results from the state. They could prevent candidates from certain parties from receiving the majority of votes in their districts and winning their elections.

Gerrymandering harms political parties as well. Both parties engage in such blatant practices for obvious purposes. Such practices tarnish the reputations of the parties as well as the democratic process. The electorate might view such tactics as political dirty tricks, which could discourage voters from supporting political parties, candidates, elections, and causes.

The U.S. Supreme Court addressed the topic of gerrymandering in Maryland in 2018 by not hearing cases about redistricting in that U.S. state. Maryland legislators redrew this map in 2010. Just two years later, a Democratic Party candidate beat a longtime Republican incumbent in a race for a U.S. Congressional seat in Maryland, leading to charges that the state’s Democratic Party redrew Congressional maps to give itself advantages that led to such electoral victories.

a voting district map from 2011
Carroll County Voting District 2011. Source: J. Albert Bowden II, Creative Commons.

How Can Gerrymandering Affect Politics?

It is clear, then, that parties do redraw maps and create new electoral districts. It appears that they do this to try to produce political advantages. But, does this redistricting really create such results? In the case of Maryland, it appears that redistricting has made a significant difference. In 2012, Democratic Party candidate John Mulaney beat Republican Congressional representative Roscoe G. Bartlett. At the time of his defeat, Bartlett had served eleven terms (twenty-two years) in the U.S. Congress. Bartlett blamed redistricting on his loss. “We had the most gerrymandered district in the country.” This is significant in a number of ways. Mulaney was a new challenger while his opponent was an entrenched, longtime incumbent. It is often difficult for challengers to beat politicians who have been in office a long time. Incumbent politicians have

  • Name recognition
  • War chests of money to help fund their campaigns
  • Fellow established politicians who are colleagues who can campaign and vouch for them
  • Reputations and accomplishments from their administrations that they can cite in campaigns

Election campaigns are expensive and time-consuming. They require money, connections, and clout. Working in established offices can help people accomplish all three. How hard is it to unseat an established candidate? According to economics reporter John W. Schoen, in 2012, the year of Maryland’s Bartlett/Mulaney race, 90 percent of the people serving in the U.S. Congress kept their seats. This means that Mulaney was one of the minority of 10 percent of challengers who unseated a Congressional representative. His redrawn district could have helped him overcome such long odds.

Are People Fighting Gerrymandering?

Ending gerrymandering restores people’s votes, which helps restore their voices. Groups and individuals hope they can help people restore their voices. Since gerrymandering is about voting rights, it is only fitting that some groups are using electoral means to fight the practice. A Michigan-based group called Voters Not Politicians wants to end gerrymandering in the state. It appears that opposing groups want gerrymandering to continue.

In 2017, Voters Not Politicians collected thousands of signatures on petitions that supported ballot initiatives against gerrymandering in Michigan. The organization needed to collect 315,654 signatures from August to December 2017. In a possible sign of widespread support for anti-gerrymandering efforts, almost 450,000 people signed the petitions. A number of experts say this proposal is sorely needed in the state. For example, a June 24, 2018 headline in the Detroit Free Press noted that “Michigan is an extreme example of gerrymandering.”

Michigan’s Board of State Canvassers approved the ballot proposal. But, organizations such as Save Michigan’s Constitution opposed this ballot proposal as overly broad and took their opposition to the Michigan Supreme Court. The court rejected this opposition, paving the way for the proposal to be on the ballot for state elections in November 2018. The Michigan proposal calls for shifting responsibility for drawing electoral maps from the Michigan Legislature to an independent commission that includes independent private citizens who are not affiliated with political parties.

This proposal aims to take redistricting responsibilities from political parties and giving them to (ideally) nonpartisan private citizens. To implement such goals on a practical level, the proposal suggests:

  • Creating a thirteen-member restricting board. The board would consist of five members who are not affiliated with a political party or are independent, four Republicans, and four Democrats.
  • Choosing the redistricting board members randomly among people who apply for the positions.

The balanced composition of this group would provide equal representation from major parties. It would allow significant input from people who do not affiliate with any party. It would help ensure that one party’s politics does not take precedence over another’s. It would promote inclusiveness and democratic fairness. But, will party politics shape the outcome of this election and the future of the anti-gerrymandering proposal? After all, voters in districts that are already gerrymandered will encounter this ballot proposal. The gerrymandered districts in Michigan largely favor Republicans after the Republican-controlled Michigan Legislature redrew electoral maps in 2011 and Republican governor Rick Snyder approved them.

Republicans who want things to remain the way they are would likely vote against the ballot proposal. Gerrymandering, thus, would perpetuate political divisions by working to defeat proposals that fight gerrymandering and political partisanship. It may sound like clichés, but that’s why voting is important and why every vote counts. People might not vote because they assume that certain proposals may pass or that certain candidates may win with or without their votes. But, if they and others don’t vote, they don’t contribute ANY votes to the election. The status quo continues because nothing changes.

But, if enough people vote, their candidates and proposals may win. Even if they don’t win, the large number of votes will illustrate the popularity of these candidates and proposals. The large number of votes can encourage others to take notice, to support such people and causes, and maybe even to run for political offices themselves. Citizens can also use the courts to fight gerrymandering. The U.S. Supreme Court refused to hear recent cases on gerrymandering. It didn’t issue definitive rulings on it. While it’s unlikely that the Supreme Court will hear further cases on gerrymandering in the near future, it has not issued a final word on the topic. This means that it might hear other gerrymandering cases in the future, especially after the U.S. Census of 2020 might contribute to further political redistricting.

According to Erick Trickey in Politico, it is more likely that individual U.S. states will tackle gerrymandering: “[I]f gerrymandering’s opponents want better, fairer maps, they’ll have to demand them, state by state.” This is happening across the country. In addition to the Michigan Voters Not Politicians initiative, Better Boundaries (Utah) and Clean Missouri are groups demanding an end to gerrymandering. Colorado voters will vote on an anti-gerrymandering proposal in November 2018, while Ohio voters overwhelmingly approved their state legislature’s anti-gerrymandering proposals earlier in 2018.

In a strange way, then, gerrymandering unintentionally encourages the sort of political engagement it’s trying to squelch. Who knew that the Gerrymander could be both a monster and an ally?

About the author: Pamela Zuber is a writer and editor who has written about a wide variety of topics, including politics, addiction, and gender.

Crazy Rich Asians: The Double-Edged Sword

Crazy Rich Asians, a film adaptation of Kevin Kwan’s 2013 book, was released on August 15, 2018. This movie has generated discussion in the representation for the Asian community through gender, class, and race. However, these efforts have been deemed controversial. The point of this film is to get people talking about the topic of representation and simply there is no way to make everyone happy. However, this film will lead the way to an industry that has been recently revived by the likes of movies such as Coco, the Big Sick, and Hidden Figures.

How Crazy Rich Asians is different

The film is based on the first book of the trilogy that covers Nick and Rachel’s journey. Interestingly enough, the film is a romantic comedy. When I think back to my childhood, that was all the rage. Unfortunately, in the past couple of years, rom com’s have faded into oblivion. Thankfully, it seems over the past couple of months that a number of new rom coms, such as Set it Up, To All the Boy’s I’ve Loved Before, and Love, Simon are on the rise.

Heart hand. Source: Max Pixel, Creative Commons

In the film, the two main characters, Nick and Rachel, fall in love, so Nick decides to introduce Rachel to his family in Singapore. What Rachel does not know is that they are one of the richest families in the country. In the beginning, the movie seemed like any other rom com with your basic love story. However, what took me by surprise was the multidimensionality of the characters. While Nick’s mom, Eleanor, can be seen as the stereotypical “villain”, this story takes a different route and adds more elements to her character. Instead of simply being portrayed as evil, the movie shows other sides to her character such as her dedication and hard work for her family. This movie provides us with the reasons behind her “evil” traits, which makes it harder to dislike her. Humans are not one-dimensional beings; we have numerous traits that come together to make us who we are. A person is not just evil, but instead has multiple traits.

Another innovative idea is how this movie portrayed stereotypes. The movie begins with Nick’s family entering a fancy hotel in London during a storm, which made the floor muddy. The manager claims they do not have any room for her. In retaliation, Eleanor convinces her husband, Philip, to buy the hotel and in doing so makes the manager clean the floor. This scene causes the audience to feel sympathy toward the protagonist. What is genius about this scene is how they made a character who is normally not seen as relatable into someone we care about and sympathize with by showing their vulnerability. Another important concept was the fact that Rachel was given the majority of power, not Nick. Usually, the male decides between his mom or his girlfriend. However, in this movie, it is Rachel who makes the decision. This movie challenged gender stereotypes about who should have power and control.

Dark reality of Singapore

This film, for the majority of time, is set in Singapore, a small island nation in Southeast Asia. While the movie does not go in depth on the struggles of Singapore, such as their strict government and criminal justice system it provides a place for conversation to occur for those who wish to learn more about the country. Intentionally or unintentionally, the world will be talking about Singapore.

The author, Kevin Kwan, is wanted by the Singapore government for not participating in their mandatory military service which sheds some light on the harsher realities of what it is like to live in Singapore. It is a parliamentary representative democratic republic, meaning their President is the head of state, while their Prime Minister is the head of the government. Compared to the United States, there are numerous surprising, strict rules in Singapore such as it is illegal to smoke in public, feeding pigeons, or even connecting to someone else’s Wi-Fi which has $10,000 fine. There are restrictions on who can say what and what information is published through blogs or articles.

On the other hand, Singapore has one of the most diverse populations, both ethnically and religiously. Most of the populations in Singapore are Chinese, Malay, Indian, and Eurasian. While there are a variety of ethnicities with different languages, most Singaporeans speak English. Moreover, Singapore is the world’s most religiously diverse country because their society encourages people to follow their own culture and traditions while respecting others. Singapore is also a fairly small country and there are surveillance cameras on every street corner. Thus, it is quite safe and has a low crime rate and zero-tolerance policy relating to drugs and other crimes.

Singapore Black & White. Source: Pixabay, Creative Commons

Making a splash in the Western world

Currently, in Western movies, there is a disproportionate amount of white actors and actresses compared to non-white actors and actresses, especially as the main character. The main reason why Crazy Rich Asians is groundbreaking is because it contains a cast of Eastern Asian actors and actresses. It is dismal to think that having casts of different races and cultures is not the norm. The only other movie produced in Hollywood that has an all-Asian cast is The Joy Luck Club, a 1973 film about Chinese women who meet up and play Mahjong and discuss stories about their family. Hence, it took 45 years for another all-Asian cast film to make the headlines.

A lot of the controversy with hiring different races comes with assuming what people want to see. Many people presume that Americans want to watch an American movie with actors that look like them, which means mainly “white”, so they can relate. The irony is that it is predicted in 2045 that most Americans will not be considered white, so why do producers think that most movie actors should be predominantly white?  Many of the presumptions emerge with culture and what we are used to seeing. However, in the past years, there have been more films created to show the diversity of underrepresented communities such as Black Panther and Get Out. However, even with the rise of more diverse casts, 1.4 actors out of every 10 people are people of color. That is the startling reality.

The reason this story is refreshing is because of how the movie has a new take on a common story plot, although we see different people than we normally would. In fact, there are certain parts in the movie where they poke fun at Americans. In Western movies, occasionally, they throw in people of race to “diversify their movie”. However, you can usually tell they did it just to fill their quota; personally, it never quite feels real. In this movie, they rarely include white people and they do only to fill their requirement. For example, one of the scenes that stood out to me was when a man told his kids to eat his food because of all the starving kids in America. Also, when they include beauty queens in a bachelorette party, instead of looking at other countries and how different they are from the United States, we get a role reversal of how different it is from Singapore. Another unique aspect of this film is how it focuses on the second generation of immigrants. In the past, we have seen trite storylines on an immigrant coming to the United States and chasing the American Dream. This movie stands out because it is not afraid to poke fun at things we consider our “norm”, which leads to new possibilities of what the future will hold for the big screen.

No film is perfect

On the other hand, while this movie is groundbreaking, it is not without its weaknesses. One of the major shortcomings that people were quick to mention was the misrepresentation of the Singaporean population. Singapore is culturally diverse and includes people from other places such as Indonesia and Malaysia. People were looking for brown or non-Eastern Singaporeans among the cast; however, they were depicted as the working class. Based on a person’s skin color, they are treated and perceived differently. In fact, this movie plays into the stereotype that Asians are thought to have lighter complexions. The film had an all-Asian cast, but they were all East Asian. The film could have had more diversity. Especially, since one of this film’s biggest pillars is “the inversion of racial expectation”. It is paradoxical to say it is an innovative movie, when in fact it plays to some of the same stereotypes they are fighting against. To be fair, the focus of the movie is on an extremely wealthy Chinese-Singaporean family; thus, this movie is not trying to depict the entire Singaporean population. It is important to consider that regardless how great of a movie this is, there will always be some backlash. However, this may even be why it is such a great movie whereas it creates dialogue on topics that are often ignored or not noticeably addressed.

Assisting the Non-Assisted

On Monday, October 1, the Institute for Human Rights co-sponsored an event with local education, faith-based and law organizations, titled Addressing the Global Refugee Crisis – Part 1: Focus on Europe. Following, Dr. Tina Kempin Reuter, Director of UAB Institute for Human Rights, and April Jackson-MacLennan, J.D., from the Law Office of John Charles Bell, L.L.C., covered the legal challenges of this phenomenon from an international and national perspective, respectively.

Dr. Reuter Presenting Refugee Statistics. Source: UAB Institute for Human Rights

The event began with a viewing of the documentary Non Assistance, sponsored by the Consulate General of Switzerland in Atlanta, which illustrates how sociopolitical crises in the Middle East and North Africa have galvanized thousands of people to flee their home countries, permeating the Mediterranean Sea with frail boats past occupancy, holding limited supplies. Just like its title, the film focused on the lack of assistance refugee boats receive during their treacherous journey, highlighting the tragedy on March 27, 2011 that lead to 63 Tripolitanian refugee fatalities.

Despite endearment from many Europeans citizens, like the vigilantes that aim to rescue whoever they can with their personal boats, many ships in the Mediterranean to do not strive to assist the refugees. However, in 2015 alone, Doctors Without Borders rescued over 23,000 people in the Mediterranean with a just three boats, demonstrating how non-governmental parties can be instrumental in addressing this crisis. One theory for this disparity is, since the first country of contact is responsible for reporting asylum, governments do not want to carry the burden of assisting refugees. Such an outcome begs us to ask: What steps are the European Union (EU) taking to address this issue? How would you feel being lost and abandoned at sea with just the shirt on your back? Where is the humanity?

After the film, Dr. Reuter and Mrs. Jackson-MacLennan fielded questions from the aghast, yet spirited, audience. People wanted to know what can be done; answers centered on policy change and contacting elected officials. Others asked why rescue ships are being held at the ports, leading to discussion about the legal entanglements that now restrict these boats from aiding refugees. Despite there being less rescue boats navigating the Mediterranean and a drop in migration via this route, often attributed to slowing of violence in the Syrian Civil War, there is still a need to assist refugees.

Mrs. Jackson-MacLennan Engaging with a Student. Source: UAB Institute for Human Rights

On November 12, the sequel to this three-part series, titled Addressing the Global Refugee Crisis – Part II: Focus on the United States will be held at Birmingham-Southern College and followed by the third event in early 2019, at Samford University, where action planning around this global issue will take place. Please join us for the following events whereas every voice and helping hand counts.

#MeToo’s Moment of Reckoning: Sexual Assault in the Spotlight

by Dianna Bai

Disclaimer: This blog post focuses primarily on women and girls who are victims of sexual assault and harassment, though the author acknowledges that both men and women are survivors.

a protest sign that reads "Can you hear me now? #MeToo
Can You Hear Me Now? #MeToo. Source: Alec Perkins, Creative Commons

The nation was transfixed on September 27 when Dr. Christine Blasey Ford appeared in front of the Senate Judiciary Committee to testify about her memories of sexual assault, she alleges, at the hands of Supreme Court nominee Judge Brett Kavanaugh when they were both teenagers. Hailed as a “cultural moment” that is couched in the grander chorus of the #MeToo movement, Ford’s quiet, emotional, and powerful testimony serves as a reckoning for women who have suffered in silence for so many years. After Dr. Ford’s testimony, women and men across the country used the hashtag #IBelieveHer to show their support. Two sexual assault survivors confronted Senator Jeff Flake in an elevator on Capitol Hill, possibly the reason why he decided to call for an FBI investigation before the Senate vote on Judge Kavanaugh.

Whether or not Dr. Ford’s testimony changes the Senate vote, she will be a positive example for legions of women who have been afraid to tell their stories. The #MeToo movement is about women taking back their power. As the movement founder Tarana Burke said, “Everyday people…. are living in the aftermath of a trauma that tried, at the very worst, to take away their humanity. This movement at its core is about the restoration of that humanity… They have freed themselves from the burden that holding on to these traumas often creates and stepped into the power of release, the power of empathy and the power of truth.”

Sexual Harassment and Sexual Assault

The prevalence of sexual assault and sexual harassment is staggering in the United States and worldwide.

  • Sexual assault is any sexual activity that the victim does not consent to, including rape and sexual coercion. It can happen through force or the threat of force or if the perpetrator gave the victim drugs or alcohol as part of the assault.
  • Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the workplace or other social situation.

Scores of men in power have recently been exposed for sexual assault and sexual harassment by the #MeToo movement. Sexual assault and sexual harassment are problems that penetrate every level of society and every industry: politics, business, the media, and academia among them. These are only the industries in which women have been most vocal as part of the #MeToo movement. Workers in low wage industries face the most exploitation and are less likely to go public with their stories. According to the National Women’s Law Center, sexual harassment is most severe in low wage industries, including the service industry. In the fast food industry, for example, around 40 percent of women have experienced unwanted sexual behaviors on the job and 42 percent of those women felt that they could voice a complaint for fear of losing their jobs. In the #MeToo era, men in high profile industries have been publicly exposed by the media. In the industries that do not dominate the imaginations of the public, employers are even less likely to take sexual harassment and sexual assault seriously because they do not fear a public relations crisis.

Sexual Assault

The National Crime Victimizations survey estimates that there were over 320,000 incidents of rape and sexual assault in the United States in 2016. Two-thirds of them will go unreported. It is a social phenomenon according to many scholars. The human rights organization, Stop Violence Against Women, puts it this way, “Social conditions, such as cultural norms, rules, and prevailing attitudes about sex, mold and structure the behavior of the rapists within the context of the broader social system, fostering rape-prone environments…”

Culture is pervasive and omnipresent, creating a powerful influence over the everyday behaviors of people. Gendered norms are ingrained ideas that help define the role of men and women in society and what is acceptable or not. Gender studies scholar Melissa Berger argues that despite being a highly developed country, “American culture and society is imbued with gendered norms relating to domination, over-sexualization, violation, and power and control over women and girls. In fact, violence against women is so pervasive that some scholars have argued that America has a culture of rape, domination, and victimization of women.”

Some of these attitudes include:

  • Men are dominant
  • Male are entitled to sex
  • Manhood is tied to sexual conquest
  • The woman’s body is a sexual object
  • Women should be pure

Even if a country denounces sexual violence against women on the surface, implicit biases may render such behavior acceptable. These prevailing attitudes, whether implicit or explicit, contribute to the continued oppression of women in American society. A Yale law professor pioneering research on the #MeToo movement emphasizes that sexual assault and harassment are typically manifestations of sexism rather than sexual desire. Some men attempt to prove their manhood or worth by denigrating women.

The controversy over sexual assault has left an indelible mark on college campuses in recent years. From student complaints filed at Columbia University for systematic mishandling of sexual assault allegations to the rape convictions of student athletes at Vanderbilt University, Baylor University and Stanford University in the past five years, universities have had to come to terms with their campus cultures. Twenty to twenty-five percent of college women have been victims of forced sex. A researcher who conducted surveys of college students over two decades found that between 16 to 20 percent of men said they would commit rape if they were certain to get away with it. That number rises to 36 to 44 percent if the question was reworded as “force a woman to have sex.” Many colleges are actively trying to change their culture as it relates to sexual violence, spearheading campus wide campaigns to educate students about sexuality, consent, and intervention.

New laws can affect the culture of sexual assault in a significant way, changing how university administrators respond to sexual assault and encourage or discourage victims from coming forward. Legally, it’s been a delicate balancing act between protecting the rights of victims and the accused. The Obama Administration required the lowest standard of proof, a “preponderance of evidence” in deciding whether a student is responsible for sexual assault. A “preponderance of evidence” means that universities must find the accused to have more than likely committed the crime. The Trump Administration’s Education Secretary Betsy DeVos has enacted new policies that require a higher standard of “clear and convincing evidence,” meaning that it is must be highly probable that the assault occurred. These new guidelines certainly send a signal that there will be less protection for students who report sexual assault. Critics of the Trump Administration argue that the new policy will discourage students from reporting sexual assaults and give universities the opportunity to drastically decrease its attention to sexual assault without retribution from the government or legal systems.

Sexual Harassment

Sexual harassment is not about sex but the abuse of power. The social psychologist Dacher Keltner writes in the Harvard Business Review that feeling powerful can lead to an increase of sexual harassment. “Powerful men, studies show, overestimate the sexual interest of others and erroneously believe that the women around them are more attracted to them than is actually the case. Powerful men also sexualize their work, looking for opportunities for sexual trysts and affairs, and along the way leer inappropriately, stand too close, and touch for too long on a daily basis, thus crossing the lines of decorum — and worse.” Institutions where systems of power are in place are fertile grounds from which abuses of power arise.

The EEOC reported in 2016 that approximately 1 in 4 women have been sexually harassed in the workplace. Think about the implications of that statistic. Everywhere, women (and men) are wearing the invisible scars of abuse whether in the workplace or school. The National Women’s Law Center estimates that 70 to 90 percent of these cases go unreported since victims do not want to derail their careers, cause themselves embarrassment, or believe that nothing will be done. The attitudes of powerful men and victimized women reveal that sexual harassment is clearly very much a cultural problem. We live in a culture that can denigrate the dignity of women at work and in school.

a #metoo sign
Source: GGAADD, Creative Commons

The consequences for women

The most distressing aspect of the widespread, societal problem of sexual assault and sexual harassment is the destructive effects it can have women’s physical and mental health in the long run. Aside from the physical pain and discomfort, victims of sexual assault frequently suffer from post-traumatic stress, depression, suicidal thoughts, and low self esteem, among other consequences. One important aspect of Dr. Ford’s testimony was how she described the impact it had on her life. A trained psychologist, she said the trauma caused by her sexual assault “derailed her life” for four or five years and affected her academic performance in the first two years of university. Decades later, she still needed to talk about the incident in therapy and suggested to her husband that they install a second front door — an escape route — for their home.

For women who have experienced sexual harassment on the job, it often means that their careers will suffer. It can lead to a loss of wages from taking leave for physical or psychological distress and sometimes voluntarily leaving the job for a better environment. One recent study showed that about 80% of women who have been harassed leave their jobs within two years. A recent case from the #MeToo movement, the case of Stanford political science professor Terry Karl, is an example. As an assistant professor at Harvard University in the 1980s, she had been sexually harassed by a senior faculty member who had the power to give her a promotion. Although she filed a formal complaint with the university, it was ultimately she who decided to leave Harvard while he stayed on as faculty and gained increasing renown.

#MeToo Around the World & the Inevitable Backlash

The United Nations estimates that 30 percent of all women worldwide have experienced physical or sexual violence from intimate partners or sexual violence by a non-partner at some point in their lives. The sheer number of women who have experienced sexual harassment across the globe is also astonishing. Here is only a sampling: 57% of women in Bangladesh, 79% of women in India, 99% of women in Egypt (from a survey carried out in seven regions), 40% of women in the U.K. have experienced harassment in public places.

Addressing a problem of global proportions, it’s no wonder the #MeToo movement has spread quickly to other countries. In the United Kingdom, France, Spain, Italy, India, Africa, and the Middle East—creative variations of the #MeToo hashtag have caught on and in some cases caused the downfall of men in power such as British Defense Secretary Michael Fallon.

But the successes of #MeToo have been met with plenty of resistance, even giving birth to the hashtag #GoneTooFar. A Bucknell poll in 2018 revealed that Americans are deeply divided about the impact of the #MeToo movement, with 41 percent believing that it was “just about right” vs. 40 percent believing that it had “gone too far.” Many people believe that the #MeToo movement has gone too far in creating a culture where men are publicly shamed and presumed guilty until proven innocent. It can also create an environment where men are increasingly wary of women and more likely to exclude women from social and mentoring opportunities because they fear the consequences of sexual harassment accusations. We can hear echoes of this sentiment in one of the last lines of Brett Kavanaugh’s opening statement: “I ask you to judge me by the standard that you would want applied to your father, your husband, your brother or your son.”

From state capitols to the technology companies of Silicon Valley, men are becoming reluctant to meet behind closed doors with women and thinking of segregating themselves. The counter narrative was especially poignant in France, where the actress Catherine Deneuve published an open letter with over 100 other notable French women in the arts denouncing the #MeToo movement for infantilizing women and denying their sexual power. They argued that seduction is a sexual freedom and that women could discern between sexual aggression and an awkward pickup. Have we empowered women so much with the #MeToo movement that we are now persecuting men? Who is really the victim here and who should decide the fate of the men accused?

The moment of reckoning for Brett Kavanaugh and #MeToo

The question now becomes whether there has been real change in our culture. The current #MeToo narratives and counter narratives are reflected clearly in the partisan atmosphere that permeates American politics. Twenty-seven years ago, Anita Hill made her allegations about the sexual harassment she endured from then-Supreme Court nominee Clarence Thomas in an eerily similar “moment.” In the end, he was confirmed in spite of her testimony. Will Judge Kavanaugh be confirmed for the Supreme Court? Will more women be inspired to speak up after hearing Dr. Ford’s testimony? Will a new generation of young men who have grown up watching the #MeToo movement unfold think differently about their relationship with women. Or will there be a “chilling effect” in offices, schools, and boardrooms across the country as men react defensively? Is this the “cultural moment” that women everywhere have been waiting for?

To learn more: Tarana Burke, founder of the #MeToo movement, will be speaking at UAB on Tuesday, Oct. 9, 2018 at the Alys Stephens Center.

 

Dianna Bai is a Birmingham-based writer who currently writes for AL.com. Her writing has been featured on Forbes, TechCrunch, and Medium. You can find her portfolio here.

The Effects of Low-Income Housing on Health

by Emily Walsh

Old Chicago, Southside
Black Community Older Housing On Chicago’s West Side. This Area In 1973 Had Not Quite Recovered From The Riots And Fires During The Mid And Late 1960’s, 06/1973. Source: The US National Archives, Creative Commons

Low Income Housing (LIH) and Public Housing can have serious negative health impacts on those who need these programs the most. Unsafe living environments can be detrimental to residents’ mental and physical health. The people who utilize LIH have often exhausted all other options available to them, and only have risky situations available to them, in the form of LIH. This blog briefly highlights a few of the negative impacts resulting from the interconnection of low income and public housing.

Mobility out of these housing situations is difficult, since the average annual household income for residents of public housing is $14,511, which is well below the federal poverty line. Citizens who live in public housing disproportionately have a disability, of minority ethnicity, and/or receive social security. Whether taken as singular symptoms of a larger problem or in combination, the possibility of relocation decreases tremendously for individuals/families living below the poverty line.

The topic of the efficacy of public and LIH is not a new one. The first federal housing program was created under The U.S. Shipping Act of 1917, which aimed to provide housing for workers needed in industrial positions during World War I. These housing units championed function over comfort and health, which set a dangerous precedent for housing developments to come. Seventeen years later, the National Housing Act of 1934 sought to address housing and mortgage issues during The Great Depression. This act created many of the housing complexes still in use today, especially for lower income communities.

Low-income communities have a number of difficulties associated with them, from financial distress to lower job prospects. However, it is often easy to overlook the impact of the inadequate housing on both the physical and mental health of these populations.

Housing and Cancer

 To keep costs down during the rise of cheap housing due to the National Housing Act of 1934, builders utilized asbestos. Asbestos was a common inclusion in construction materials because of its resistance to flames and chemical reactions, sounds absorption, and low cost. The low cost made asbestos a popular choice for large scale projects like schools, offices, and apartment buildings. Usage of this mineral peaked in the U.S. between 1930 and 1980. Asbestos containing materials (ACMs) become harmful once damaged, which can happen when materials get older, are exposed to weather, or are subjected to demolition or construction.

Undisturbed ACMs pose little threat, but any sort of disruption can have catastrophic consequences because there is no safe level of asbestos exposure. This disruption can be caused by construction, accidents damaging walls, water or fire damage, and general aging over time. Once disturbed, microscopic asbestos fibers are released into the air. At this point they are at risk for inhalation and ingestion by people and animals.

After they enter the body, asbestos fibers settle into the linings of internal organs including the lungs, heart and abdomen. These particles are microscopic, and rubbing against the sensitive tissue of internal organs can cause tiny nodules to form around the fibers. This irritation can cause tumors and mesothelioma cancer to develop. Symptoms such as chest pain, coughing, and fatigue are vague, and easily attributable to a number of other ailments, which makes early diagnosis very difficult.

Exposure at any point can be dangerous and lead to mesothelioma down the road, which can take up to 50 years to appear. Individuals who are worried about mesothelioma should inform their doctor of any of these symptoms, and of any possible asbestos contact. Exposure can occur from housing, construction materials, working on shipyards, working around fire retardant materials, or in mines. After diagnosis and forming a treatment plan with your doctor, you can pursue options in financial compensation if exposed on the job.

Elderly people are most at risk for mesothelioma because they have a higher likelihood of exposure to asbestos at some point in their lives. Exposing them to even more asbestos in the home can exacerbate irritation and lead to further health complications. Sixteen percent (16%) of residents in public housing are seniors, and more than half of those seniors rely on Social Security as their primary source of income. The only safe way to deal with the concern of asbestos is to hire an abatement professional to take care of the situation. However, building owners, and even the government, are not required to do so if they feel any ACMs present are in good enough repair to not be a danger to health.

Many LIH options are still owned by private property owners, which puts the cost of abatement on them. These proprietors may be loath to shell out money to abatement professionals, but they are required to maintain livable conditions on their properties, even if they aren’t specifically mandated to get rid of asbestos. For poorer individuals, the best course of action is to keep an eye around their housing, to see if anything appears to be in disrepair. If it is, they can ask their property owners to have the building tested for dangerous asbestos. If property owners refuse, they can be at risk for lawsuit for not maintaining healthy living standards.

Southside Chicago 1973
South Side Black Community In Chicago With Small Businesses And Apartments Over The Stores In The Older Buildings Near 43rd And Indiana Avenue, 06/1973. Source: The US National Archives, Creative Commons

Impacts of Housing on Wellbeing

From 1954 to 1967, the Chicago Housing Authority built more than 10,000 public housing units. However, only 63 of these were built outside of poor and racially segregated areas. In 1966, community activist Dorothy Gautreaux, along with the support of ACLU lawyers, sued the CHA in federal court. Gautreaux’s case set a precedent that there is a serious difference between urban and suburban housing. The Gautreaux Project refers to an experiment the court set up after Gautreaux won her case. The U.S. Supreme Court ordered the CHA to randomize the placement of families with Section 8 housing vouchers. Participants were placed in either suburban or urban neighborhoods regardless of race. After many years, the outcomes of these families were measured against each other.

The families placed in urban situations were more likely to have lower performing children, remain on welfare, and have lower graduation rates than the suburban participants. The Gautreaux project was hailed as definitive proof that a person’s housing situation has a strong correlation with their overall wellbeing. Sociologist James Rosenbaum testified before Congress on the Gautreaux Project’s results, which helped inspire the Moving to Opportunity (MTO) program. The MTO emulated the Gautreaux project on a larger scale with 4,600 low-income families in Baltimore, Boston, Chicago, Los Angeles, and New York City. The official MTO report found that moving to lower areas of poverty lowered risk of diabetes and obesity for women, proving that concentrated and irresponsible low-income housing is undeniably bad for health and wellbeing.

Mental Health and Housing

 In 2015, the MacArthur Foundation released a report entitled The Link Between Housing, Neighborhood, and Mental Health which identified three linking factors between mental health and living situations. The study used a cross-section of 371 low-income Latino families living in the Bronx, with eligibility determined based on their income. The three factors identified in the report were housing quality, neighborhood cohesion, and policy. They found that poor housing conditions contribute to depression and hostility, but contravened by neighborhood cohesion and improvements to housing.

These issues are interconnected since social cohesion is less present in groups of people experiencing mental health issues, which can then contribute to further mental health issues and spiral out of control. A 2016 study in Britain found similar links between housing and mental health. The research concluded that when exposed to unstable housing conditions for more than a year at a time, children are three times as likely to experience depression and anxiety. Women are also more likely to develop these issues, though at a lower rate of 10 percent.

These connections are apparent, but can be difficult to measure since any mental health issue may have predated the move into low-income housing. Additionally, the effects of an unstable living situation can compound on each other.

Closing Thoughts

No matter the difficulty with which these effects are measured, the importance of responsible housing practices cannot be overstated. The biggest barrier to fixing this problem is the intricacy of the situation. Policy changes, shifts in public opinions, political attention, and development of alternatives can all stand in the way. The results of the studies cited above illustrate steps that could be taken to create a successful model of public housing. As these reports prove, an improvement in housing situations can also result in overall quality of life and contribution to society. By taking these factors into account, populations in need of housing assistance can be provided options for safe and healthy living, at the lower cost that they need.

For residents renting from a privately owned property that exhibits any of the risk factors for decreased health and well-being, you will need to prove that conditions are unlivable. To do this take documents and photographs that support your claim and force landlords to fix them or risk having rent withheld. For residents of public housing, the government is subject to the same rules, and if you are displeased, you can consider the MTO program as an alternative.

 

 October is Healthy Lung Month. Toxins in the home can cause harm to anyone exposed. To avoid these dangerous health risks, educate yourself about how you can avoid exposure, and what your rights are. The Mesothelioma Cancer Alliance is dedicated to seeing asbestos eradicated worldwide and ending toxin pollution for people everywhere. 

Due Process: Is It Standard Operating Procedure?

United States Supreme Court The southern-facing main facade of the United States Supreme Court, overlooking Capitol Hill.
United States Supreme Court. The southern-facing main facade of the United States Supreme Court, overlooking Capitol Hill. Source: Matt Popvich, Creative Commons

I read “The Presumption of Guilt: The new liberal standard turns American due process upside down” the other day. I found this piece presumptuous at worst, and revelatory at best. The WSJ editorial board outlines three core tenets potentially derailing due process in the Kavanaugh appointment, most notably the presumption of his guilt. These core tenets, in the board’s estimation, will defend against a mockery of “the new liberal standard of legal and political due process.” What strikes me most about this piece is the presentation of their core beliefs about the justice system in America: “The core tenet of Anglo-American law is that the burden of proof always rests with the person making the accusation.” What the board revealed is the ever-present reality that populations of color in this country know and experience daily, and this fact is symbolized in the very name of the board’s ideal legal system itself: Anglo-Saxon. The law is not as colorblind or unbiased as the justice system would have us believe. The law is not for the protection of all; it is for the protection of Anglo-Americans. It is a law to the exclusion of everyone else. This blog, using the outlined WSJ tenets as section headers, speaks to the presumption of guilt applied daily to marginalized populations without due process.

Tenet #1: The core tenet of Anglo-American law is that the burden of proof always rests on the person making the accusation. Non-whites do not get the benefit of the doubt, even when video evidence, witness statements, or 911 recordings indicate otherwise. For marginalized persons, few opportunities transpire to make an accusation or offer a defense. Consider any number of non-threatening Sikhs, Muslims, Native Americans, or Blacks who find themselves on the receiving end of the “fear” of a White person for their safety. The accusatory nature of white America against persons of color, especially Blacks, living their lives has become so galvanized that #whileblack is a social media phenomenon.

#WhileBlack spotlights White Americans willingly interfering and causing disruption in the lives of Black people. Whether a politician canvassing a neighborhood or realtor checking on a property or a White grandmother riding home with her Black grandson, White Americans usage of the police as quenchers of irrational fear may result in the death of another unarmed and unassuming citizen. A few months ago, a group of Black women packed their car following their vacation when White residents phoned the police, accusing the women of robbing the AirBnB house where they stayed. Even after pleading their case, the officers did not believe the Black women. A White student at Yale phoned the police on two different Black students on two different occasions because she believed they did not belong on the campus. Colorado campus police detained two Native American students visiting a university when a White parent complained that the boys seemed threatening because they did not say much during the tour. In addition to highlighting the direct and structural violence that non-Whites face over the course of the day, #whileBlack showcases that the mastery of accusation and othering heavily favors the dominant party.

Tenet #2: An accusation isn’t any more or less credible because of the gender, race, religion or ethnicity of who makes it. This tenet suggests that any accusation is worthy of address. Recent history, including accusations against Roy Moore and this current case, tell us that many Americans presume the innocence of white males in the entertainment industry and political arena over white women. Thus, revealing a gender bias. Just ask Bill O’Reilly, Les Moonves, and Louis C.K. Presently the exceptions to this rule are men of color like Aziz Ansari and Bill Cosby.

Accusations of sexual misconduct by women of color are often dismissed or discredited. In 1991, Anita Hill came forward with allegations against Supreme Court nominee Clarence Thomas. When Lupita Nyong’o said Harvey Weinstein sexually harassed her, Weinstein denied the possibility of it, despite more than 40 other women making similar and more explicit claims. This tenet, however, is inaccurate if you are Carolyn Bryant or Donald Trump. Carolyn Bryant lied to a judge and jury in 1955. With that lie, she sentenced Emmett Till, a 14-year-old Black boy from Chicago, to a lynching by Bryant’s husband and other family members. Donald Trump, in 2008, initiated and perpetuated the birther narrative about President Obama. Despite the release of Obama’s birth certificate in 2011, many doubt Obama and believe Trump.

statue of justice
Scales of Justice-Frankfurt. Source: Michael Coghlan, Creative Commons

Tenet #3: The right to cross-examine an accuser. This tenet is the crux of due process as exercised under the auspices of a third party, whether a mediator, a judge, or an adjudicator. “The denial of cross-examination is a major reason that campus panels adjudicating sexual-assault claims have become kangaroo courts.” The right to confront an accuser is a component of justice; however, in many cases of sexual assault and violence, there is an invoking of “boys will be boys” and/ or “that’s just what we did in high school and college” to bypass cross-examination and the potential for prosecution altogether. This flippant attitude is primary to the problem. A double standard has always existed when describing the sexual behaviors of men and women.

In conclusion, what is interesting is for all the chatter of due process in this piece, the WSJ editorial board fail to recognize that due process is exactly what the women who have stepped forward desire. Due process allows the accusers the opportunity to tell their sides of the story and Kavanaugh to tell his side. It allows for cross-examination and a committee of his peers to decide if he should find himself rewarded with a lifetime appointment to the Supreme Court. Due process should bring about a more just society and system.

If the failure to administer due process signals “the new liberal standard”, how does it apply to conservative-led initiatives? Republicans control the executive, the legislative, and the judiciary – in effect, the Republican party is the chief executor of due process in all branches of government. Are Americans to infer that government officials have not implemented the due process as standard operating procedure? If there is a failure of due process, the burden of responsibility falls at the feet of the Republicans.

Due process seems like an overarching ideal outworked in the request to receive all the documents concerning his judgeship so proper vetting could take place in preparation for the confirmation hearing. It seems like a logical next step when considering the “committee confidential” emails that should not have been confidential; if there is nothing to hide, given the presumption of innocence and blind trust this society is to have for its leaders. Why is a due process so important in this case and for this person but not for others?

Where are the demands for due process for the children stolen from their parents and held hostage by the government as migrant families seek refuge in a country that once held so much promise? Where are the demands for due process when unarmed men, women, and children are murdered in their schools or on playgrounds, or streets or in their homes? Where are the demands for due process for the thousands of survivors of abuse in the Catholic Church? Where are the cries for due process when individuals commit suicide because they experience bullying because of something they cannot change or choose?

Articles 6-12 of the Universal Declaration of Human Rights outline the basic tenets of due process. If Kavanaugh has nothing to hide and believes, as an officer of the court, that the system is just, then he should have no issue facing his accusers, calling a cross-examination, and letting the justice system work. Unless he knows the demands for due process are inequitable because justice is not just.

What is the meaning of “due process” as a component of the justice system, if a potential justice stymies the rights of accusers during his pursuit of a position in the highest court of the land as an executor of the justice system?

Representation and Respect: Addressing Transgender Rights at UAB and Beyond

On Thursday, September 13, the Institute for Human Rights had the opportunity to host Joan Rater and Tony Phelan, parents to actor and student Tom Phelan; and Brianna Patterson, a transgender activist, veteran, former firefighter and UAB health educator. Joan covered her journey as a parent supporting her transgender son and advocating for trans representation on television, while Brianna shared her story of being a transwoman from the South, moving from social isolation to embracing her womanhood.

Brianna, Joan and Tony Engaging with the Audience. Source: UAB Institute for Human Rights

 

Joan opened with a presentation titled “Transforming My Family”, where she spoke about Tom’s transition that began at 17 but addressed his once reserved feelings about his gender. Tom was very confident as child, but this withered with his teens, becoming suicidal and even briefly moving from Malibu to Boston with his family so he could receive outpatient treatment. One day, after his mental health improved, while being dropped off at school, Joan and Tony received an email from Tom as he walked to class. The email was Tom’s proclamation of being transgender, at the time using they/them/their pronouns, while including resources for his parents to better understand. Usage of the internet and technology has proven to be a positive resource, not only for people in the transgender community to communicate, but to inform allies about the transgender experience, allowing to amplify these traditionally marginalized voices.

A year into his transition, with support of his parents, Tom pursued “top surgery” which is the process of removing one’s breasts through medical procedure. As soon as he had his doctor’s approval to workout, he began jogging without a shirt, feeling a sense of liberation. Soon after, Tom debated the idea of hormone therapy that would ultimately change his voice, becoming a compromise between his options as an actor and happiness. Tom chose the latter, eventually leading to a role as a trans teen, Cole, on ABC Family’s The Fosters. Once Joan saw her son’s role validating the experience of transgender fans, she saw it was her and Tony’s obligation, as television producers/screenwriters, to amplify such voices through media representation. This led to emergence CBS’s Doubt, including Laverne Cox as Cam, a transgender law graduate from Yale University who often litigated for underrepresented clients, contributing to the mainstreaming of complex, genuine transgender identities.

She then demonstrated the importance of voting in support of transgender rights and, if possible, donating to people and organizations who fight injustice professionally. Joan closed by insisting that when facing transphobia, we must be brave and cannot allow intolerance to go unchecked.

Brianna Patterson, an Alabama native and current health educator at UAB’s 1917 Clinic, shared the challenges and accomplishments throughout her journey, including her transition that began in 2012. Brianna expressed the first time she “felt different” was in 1st grade, not knowing how to identify these feelings and consistently using the girls’ restroom. Also, with being raised by strict grandparents, Brianna claimed to have been disciplined violently when caught experimenting with her grandmother’s clothes. At the age of 14, Brianna experienced her first suicide attempt, followed by self-isolation in high school, poor grades and an immediate retreat to the United State Marine Corps (USMC) at 17.

Brianna felt her new home in the USMC gave her the unconditional love she didn’t receive back home. Although, she described having internalized transphobia because she didn’t feel masculine enough. However, after serving her term in USMC, which included tours during the Somalian civil war, Brianna, still, didn’t feel masculine enough. This led to her joining the fire service at a local department in Alabama, which she served for 23 years. Toward the end of this career, Brianna pursued hormone therapy, but was first refused care by nine different physicians throughout the state, demonstrating the discrimination transgender patients experience in the health care field. One day, after producing her driver license with her new name, following a traffic accident, the local officer spread the word about Brianna’s identity. As a result, two years before being eligible for retirement, the city council voted to demote Brianna’s Captain status, highlighting how Alabama doesn’t provide protections for the transgender community.

Soon after, Brianna finished her Master’s in Public Health, first working for Planned Parenthood and now representing UAB’s 1917 Clinic, a job she loves because she gets to address vaccine education, recruit research participants and address health issues salient to the transgender community. Although there was a silver lining in Brianna’s story, many don’t include such an ending, demonstrating the need for local, national and international protections for the transgender community.

Following Joan and Brianna’s presentations, the guests, alongside Tony, fielded questions from the audience, including insurance coverage for gender confirmation surgery, internet support networks, advice for coming out and how to be a genuine ally to the transgender community. Brianna responded to the latter by confidently saying, “The best way to be an ally: Treat everyone like a human being. Educate yourself. And if you wouldn’t ask a cis woman that question, you shouldn’t ask a trans woman that question.”

What Does a Cave Rescue Have to Do with Statelessness?

In July of this year, I was a student in a graduate level study abroad program, Conflict Transformation across Borders, in Quito, Ecuador, through the University of Massachusetts in Boston. It was an intensive three weeks of learning about transnational conflict transformation, with an emphasis on the unique challenges of border zones. My intention was to mostly ignore the outside world while in Ecuador, to focus on my studies, but I continued to closely follow developments in a situation that had begun before I traveled to Ecuador. On June 23, 2018, twelve boys, members of the Moo Pa (Wild Boars) soccer squad, along with their coach, were trapped by flood waters in the Tham Luang Nang Non cave system, near Chiang Rai in northern Thailand.

I was keenly interested in this cave rescue situation from day one, because I am a long-time cave explorer, trained in cave rescue, and I lived in Chiang Mai (in northern Thailand) from 2012 – 2013. Also, some of my caving friends and acquaintances were involved in the rescue operation. Ultimately the entire world became captivated by the rescue effort which reached a successful conclusion on July 10, 18 days after the group became trapped in the cave. (Sadly, one of the rescuers, Saman Kunan, an ex- Thai Navy SEAL diver, lost his life during the rescue.) It was quite possibly the most difficult and technically challenging cave rescue operation ever conducted, and its success was due to an unprecedented level of international cooperation, with hundreds of expert volunteers from at least 20 nations including Australia, Belgium, Canada, China, Czech Republic, Denmark, Finland, Germany, Israel, Japan, Laos, Myanmar, Netherlands, Philippines, Russia, Singapore, Spain, Sweden, Ukraine, the United Kingdom, and the United States.

As the rescue and its aftermath unfolded, details about the boys and their coach emerged, and the international community learned that the coach and most of the boys are from ethnic minority groups, or “hill tribes,” and three of the boys as well as the coach are stateless. The area is in close proximity to the Thailand-Myanmar border, and is home to many stateless ethnic minorities. Around 500,000 stateless people are registered in Thailand – members of ethnic groups who for generations have moved across borders in the mountainous regions between Thailand, Laos, Myanmar, and China.

The high profile nature of the Thai cave rescue has served to raise international awareness of the plight of stateless people in Thailand, who cannot travel outside their home provinces, and are not eligible for basic government services such as healthcare and higher education. After the successful completion of the cave rescue, the Thai government promised citizenship to the three boys and their coach within six months, assuming there are no complications. Will this promise become a reality? It’s a powerful symbolic gesture to fast-track citizenship for the three Moo Pa soccer team members and their coach, but how does this help the rest of the 500,000 stateless people in Thailand who are waiting to start the process, or struggling to get through the process (which is often lengthy and complex)? Statelessness is a difficult problem to address, and can only be handled one case at a time. It took a massive cave rescue operation requiring international cooperation among 20+ nations to speed up the citizenship process for just four stateless individuals.

In partnership with the UNHCR, Thailand has pledged to end statelessness by 2024, and more than 27,000 stateless individuals have become Thai citizens since 2011. There are many reasons that people might be stateless, but typically it happens because of discrimination – religious or ethnic, for example. Those who are stateless have no nationality, and are denied basic human rights. The UNHCR estimates that there are 10 million stateless people worldwide, and UNHCR’s #IBELONG campaign seeks to end statelessness in the next decade. Everyone has the right to a nationality!

My hope is that the increased awareness of statelessness generated by the Thai cave rescue will help to bolster international support for the UNHCR’s #IBELONG Campaign to End Statelessness, not just in Thailand but worldwide. As individuals, we can help by signing up to support the campaign at http://www.unhcr.org/ibelong/ . Will you do it today?

 

Angela Morgan works for UAB Health System as a database administrator, and is a student in UAB’s Anthropology of Peace and Human Rights graduate program. Outside of school and work she has many interests including traveling, caving, hiking, backpacking, and photography.

No More No Less: Basic Human Rights are Transgender Rights

a photo of Brianna Patterson
Me

I am a person who is transgender.

Transgender is an umbrella term that includes those that identify on the gender spectrum. It is the term used to describe an individual whose gender identity and expression are different from expected societal norms. Gender identity is the personal sense of one’s own gender, and for the majority, it correlates to the sex assigned at birth. Gender expression is a person’s behavior, mannerisms, interests, and appearance that are associated with gender in a particular cultural context. The social normative gender spectrum in most western cultures has been for centuries, binary: male and female. The basis of this binary was the presence of sexual organs at birth. When I was born, the doctor, based upon the presence of a penis, assigned me male at birth, in accordance with the binary gender spectrum. However, internally I was female.

I identify as female. As a transwoman, I continually fight a battle against erasure of my life and existence. Since transitioning I have suffered erasure by losing a career of 23 years, health insurance that will not cover medically necessary treatments, been refused treatment by medical professionals, and the state will not acknowledge my identity.

To live my life, I had to do this without acceptance from others including family and friends. I did not live on the streets because I remained hidden. I understood from growing up with my deeply religious grandparents that if I were different—my true self, I would be disowned. I made many poor choices, started drinking at age 11 and dealt with anger issues up until I got ordered to anger management counseling by the United States Marine Corps (USMC). It must have been bad for the USMC to think I was too angry to deploy. I grew up before access to the internet (no old jokes), and I had no names for what I knew about myself, so like many I suffered in silence until I figured it out much later in life. I want to make it better for the young transgender and non-binary individuals that are coming out today.

Social-Ecological Factors

Every level of the social-ecological model, from individual or intrapersonal level, all the way up to the societal or structural level in the transgender community fights against identity erasure. Many, including myself, suffer from internal transphobia. Tran individuals encounter internal transphobia as a byproduct of absorbing negative messages about not following the societal norms. Internal transphobia can occur with something as simple as not using the preferred name or pronouns, and/or through the attempt by family members to “correct” the behavior through abusive methods. For example, if society continued to identity Caitlyn Jenner as Bruce Jenner, then society contributes to the manifestation of internal transphobia she might seek to overcome. Additionally, by not employing gender pronouns like he/him: female transitioning to male (FTM), or she/her: male transitioning to female (MTF), and encouraging abusive practices like conversion therapy or berating about dating/sleeping with members of the opposite sex, society infringes upon the rights of Trans individuals to dignity and personhood.

The feelings associated with internal transphobia are the result of many years of discrimination, rejection, and ignorance about the rejection of gender norms. Depression can result in dangerous behavior. At the interpersonal level, family and friends reject many trans folk when they come out as transgender or gender non-conforming, mainly due to the preconceived notion of a binary gender system. The rejection becomes isolating and often leads to homelessness. In addition, some receive abuse from programs designed to rid individuals of these kinds of thoughts. The non-conformance to traditional gender norms of male and female can lead many to demonize transgender people who are out and trying to live their life. As a marginalized community, members of the transgender population are subjected to violence, harassment, discrimination, and vilification by society as a whole. The National Center for Transgender Equality (2011) survey found that those individuals that are gender non-conforming in grades K-12 were 78% more likely to be harassed, while 35% report surviving assaults. The current situation in the U.S. in regards to which bathroom transgender individuals should use leads to increase harassment. Transgender people are viewed as perverts, and being attacked for wanting to pee in peace. These types of attacks create high levels of anxiety, depression, and isolation.

The constant threat of discovery lead many to remain in hiding, leading to increased suicidal ideology. For example, the Transgender population suffers from an abnormally high suicide rate of 41% compared to 1.6% of the general population in the US. The murder rate of transgender continues to climb each year here in the US. Since 2013, an average of 25 trans women have been murdered, and there have been 18 killed this year. According to Bauer et al., a high social support network showed a 48% decrease in suicide ideation and of those with ideation, 82% decrease in attempts of suicide. The population suffers from many forms of social exclusion, and one of the main determinates is that this population is rarely counted; thereby, resulting in the marginalization of the transgender population.

the transgender flag
Baltimore Pride. Source: Ted Eytan, Creative Commons

At the societal level, this population is highly marginalized, even within the LGB community and the “T” not well represented. Due to fear, many of those who identify as transgender, are unable or unwilling to make their voice heard. This discriminatory practice reinforces an individual’s ability to care for one’s self. Few policies provide protection for, and individuals gender identity or expression. The lack of protections at the local, and state level allows discriminatory practices to continue, contributing to the overall marginalization of the transgender community. The use of conversion therapy to cure this non-compliance with gender norms is only illegal a few states and the District of Columbia.

The current data suggests there are about 1.4 million adults within the US that identify as transgender. This estimate is double the widely used previous estimate, and many organizations believe this number remains far too low. The lack of research and information on transgender issues is a direct result of this form of social exclusion and leads to incorrect assumptions about the population. Individuals suffer from social exclusion by losing family and friends when they “come out,” or being bullied at school, work, or on social media sites because they are different and challenge the gender norms. Most Trans folk keep their identity private due to discrimination and harassment. Ninety percent of Trans adults report experiencing attacks or discrimination because of their identity. In the workplace, 47% of Trans folk are fired, denied a promotion, or not hired. I lost my career of 23 years when I transitioned.

I lost my job as a fire department captain/paramedic. When I began my transition I believe that my history of good performance and exceptional results over the years of service would provide a buffer for any negative concerns that were raised. However, this was not the case and upon my coming out to the fire chief and deputy fire chief it was clear they did not wish to continue my service to the community. Things were rocky, but the mayor and personnel director had taking my side in the arguments that developed. But, to my dismay the chief had work with the city council and gathered enough votes to begin my termination. I had 23 years in public safety and two more years till retirement. Due to the lack of protects for transgender workers, there were not many options available at the time. However, I had returned to school to build my education, fearing that this might happen I wanted to be prepared.

Despite the setbacks, I have accomplished what many transgender individuals are unable to do. I returned to school, completed my undergraduate and graduate coursework, and graduated with a Master’s in Public Health. Now, I work at UAB which has been accepting and minus a few speed bumps been inclusive of my gender expression/gender identity. I hope to make a difference in the local transgender community here in Alabama by starting the conversation and showing that Tran men and women positively contribute to society and only want to live their lives just like everyone else. So please come join the conversation with UAB’s Institute for Human Rights and Department of English as they present “A Human Rights Approach to Transgender Issues.”

I am just a woman trying to leave a better place than what I found and live my life authentically.

 

The Voting Rights Act Today

by Pamela Zuber

What Is the Voting Rights Act and Its Legacy?

August 6, 2018 marked the fifty-third anniversary of the signing of the Voting Rights Act. U.S. president Lyndon B. Johnson signed this legislation in the hopes that it would end discriminatory practices that made it difficult for African Americans and other people to vote.

As idealistic as it was, the legislation did not stop such difficulties. Like other laws, the Voting Rights Act has produced mixed results.

But, given recent developments, it appears that the legislation has done more good than harm. Enforcing its measures has supported the voting efforts of many people, while suppressing its measures has had the opposite effect.

America-themed converse sneakers depict the word "VOTE"
Source: Theresa Thompson, Creative Commons

What Is the History Behind the Voting Rights Act?

Ratified in 1870, the Fifteenth Amendment of the U.S. Constitution stated that the “right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.”

But, for decades, authorities still found ways to disenfranchise African Americans, immigrants, and the poor. They issued literacy tests under the pretense that only the educated should allowed to vote. They levied poll taxes that charged people fees to vote. U.S. women, of course, faced blatant discrimination, too, since they did not have the right to vote until 1920.

Protests against disenfranchisement and other violations of human and civil rights, especially in the 1960s, shone spotlights on these injustices. This publicity sometimes came at great costs to the participants.

Protesters sometimes needed medical care due to the brutal treatment they received at the hands of police or civilian vigilantes. Vicious beatings, attacks from police dogs, blasts from fire hoses, and death threats were common tactics used against the protesters.

Some attacks were even worse. Some people lynched or shot protesters who questioned the status quo.

James Chaney, Andrew Goodman, and Michael “Mickey” Schwerner traveled to Mississippi in June, 1964 to advocate for educational and voting opportunities for African Americans. The Ku Klux Klan (KKK) murdered them. The KKK members did not face criminal prosecution for the crime at the time.

Decades later, in 2005, a local newspaper investigation produced evidence that helped lead to the conviction of a local Klansman. But, even then, justice was muted, since the Klansman’s conviction was on charges of manslaughter, not murder.

People thus used both discriminatory legislation and outright illegal intimidation to prevent African Americans from voting. The Voting Rights Act aimed to end these tactics.

What Did the Voting Rights Act Do?

Partly, at least for a time. The Voting Rights Act significantly increased the number of African American voters in some areas. In Mississippi, six percent of African Americans voted in 1964. Just five years later, sixty-nine percent of African Americans voted in Mississippi.

Because of the Voting Rights Act, states and local governments are no longer able to issue tests that restrict some people from voting. It is no longer legal for authorities to intimidate people physically, mentally, or financially in order to prevent them from participating in government affairs.

To enforce the act, Section 4 of the Voting Rights Act created a coverage formula to determine if jurisdictions complied with the act. As part of this formula, the federal government monitored jurisdictions that had discriminated against voters in the past.

The formula required that jurisdictions

  • Suspend literary tests or other tests used to determine whether people were eligible to vote.
  • Submit themselves to review by the U.S. attorney general or Washington DC’s district court if the jurisdictions made voting-related changes.
  • Agree to be under the review of federal examiners who would prepare lists of eligible voters.
  • Work with federal observers in jurisdictions with federal examiners.
  • Allow people who have attended foreign-language elementary schools to vote.
  • Provide information and voting opportunities for non-English speakers.

Many of the stipulations in the coverage formula required federal oversight if jurisdictions wanted to change election procedures or laws, a process known as preclearance. Preclearance was the law of the land for decades, but it was not without its criticism.

The criticism prompted many challenges and lawsuits, which culminated in the 2013 U.S. Supreme Court decision Shelby County v. Holder. This decision invalidated the coverage formula and said that the U.S. Congress could create new coverage formulas, but Congress has not done so.

What Do Voting Rights Look Like Today?

Less oversight has eroded the Voting Rights Act and voters’ rights in general. Despite this legislation and the gains it brought, people are finding an increasing number of barriers to voting.

A growing number of jurisdictions have added requirements for voting or are asking voters to consider such requirements:

  • Many states require people to possess specific forms of identification, such as driver’s licenses, in order to vote. Many older or disabled adults do not have such identification, so it can make it difficult for them to register to vote.
  • Alabama closed thirty-one offices that issued driver’s licenses in 2015 even though the state had strict laws that required voters to show identification, such as driver’s licenses, in order to vote. Many of the offices were located in areas with high African American populations and were reopened due to criticism.
  • North Carolina residents will vote in November 2018 to determine if the state should add an amendment to the state constitution stating that voters will need photo identification to vote in future elections. A federal court struck down a similar North Carolina law in 2016.
  • New Hampshire passed a 2018 law that required people to be permanent full-time residents if they wanted to vote in the state.
  • Wisconsin residents at a 2018 hearing testified that changes in their voting districts had spread Democratic Party voters across such a large geographic area that their votes were rendered less powerful. Critics also claim that the state has excessively strict voter ID laws that disproportionately affect Democratic Party and African American voters.

Wisconsin residents voted for Republican Party candidate Donald Trump over Democratic Party candidate Hillary Clinton in the 2016 U.S. presidential election. Trump’s narrow victory in Wisconsin helped him win the Electoral College and the presidency.

If Wisconsin’s Democratic Party voters were in fact suppressed, voter suppression could have decided the outcome of the 2016 presidential election. Voter suppression thus could have wide-ranging consequences.

After being shot, a black American man sprawls on the ground
Source: Cliff, Creative Commons

Why Are Voting Rights Important?

As the case of Wisconsin indicates, changing the voting districts can muffle citizens’ voices – and those are people who are allowed to register and cast votes. Voter suppression laws also make it difficult for people to even register to vote in the first place.

But, voting is a fundamental tool of citizenship. It enables people to express their opinions through their ballots. In the words of Ajanet Rountree, voting invites people to join the “political and social narrative.”

If people cannot vote, they cannot join this discussion. If disabled people lack certain types of photo IDs in states that require such IDs, or if they are not able to arrange transportation to the polling places, they will be unable vote or even to register to vote.

The disabled people might miss opportunities to vote for candidates or issues that have direct bearing on their lives. For example, they might miss the opportunity to vote for a candidate who consistently votes in favor of expanded Medicaid coverage.

The suppressed voters might rely on Medicaid to pay for their considerable medical expenses. But, if they do not have adequate Medicaid coverage, they could experience problems with their physical and mental health. This lack of Medicaid coverage could even affect the people’s finances and living situations if their rent/mortgage money has to be reallocated to pay for their rising medical costs. Not being able to vote could thus directly impact people in several ways.

Proponents of strict ID laws say that the requirements can help prevent voter fraud. But, observers note that voter fraud appears to be more common among people who use absentee ballots, people who are predominantly white. ID requirements do not typically address absentee ballots.

Voter identification laws disproportionately affect nonwhite voters. Writing in Newsweek, Mirren Gidda noted that “the turnout gaps between white and ethnic minority voters are far higher in states where people must show ID during or after voting.”

Others commentators echo these findings. “[R]esearchers found that strict ID laws doubled the turnout gap between whites and Latinos in the general elections, and almost doubled the white-black turnout gap in primary elections,” wrote Vann R. Newkirk II in The Atlantic.

Because of this disparity, organizations such as the National Association for the Advancement of Colored People (NAACP) have worked to challenge discriminatory laws and enforce the provisions of the Voting Rights Act. The NAACP sued Alabama after the closure of many driver’s license offices and was active in the Shelby County v. Holder case.

Organizations such as Let America Vote are hoping to invite more people to join the civic discussion. The organization includes information about registering to vote and voter guides to different elections. It supports candidates in different states who have worked to uphold voter rights.

The NAACP and Let America Vote join other organizations that promote enfranchisement. The American Civil Liberties Union (ACLU) website includes a wealth of information about its advocacy and other efforts to promote voting rights.

Voter suppression currently exists. But, if we utilize the provisions of the Voting Rights Act and other efforts that support voting, we can work to restore and enforce this fundamental right of democracy.

About the author: Pamela Zuber is a writer and editor interested in current events, history, health, business, and a wide variety of other topics.