We Aren’t Going Back

Friday night, I spoke at a local synagogue about women’s rights. They were very nice to me. Here’s my talk. (Apologies for the length.)

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I don’t know how many of you remember when it was considered tactful to refer to older women as “women of a certain age.” I’m one of those women, having attained and then passed that “certain age,” and I’ve seen a significant evolution in women’s rights in my own lifetime. Not too long ago, someone asked me if I had experienced discrimination because I’m a woman. I responded that I’ve really been lucky; I’ve been able to do pretty much anything I wanted to do. But when I began to think about it, I realized that my entire life has played out against the restrictive laws and patriarchal social expectations of the times. A number of options that were available to males simply weren’t options for me. As noted, some of those options were legally unavailable, but many other limitations were products of prevailing, deeply-rooted social attitudes. To the extent women accepted those attitudes, we didn’t see discrimination—we just saw “the way things are.”

My mother—who was born the year women finally got the vote–didn’t work, although she was a woman who would definitely have been much happier pursuing a career. But for middle-class women, participation in the workforce was seen as evidence that one’s husband  wasn’t an adequate breadwinner—so it wasn’t an option.

When my sister and I were in grade school and high school, there were no women’s sports. Girls were cheerleaders, boys played team sports. When I went to college, my parents wanted me to choose a profession I could “fall back on” if my eventual husband died. I could choose among the three professions suitable for women—I could be a teacher, a nurse or a secretary. Three times in college, I switched into the school of Liberal Arts, and three times my father switched me back into the School of Education. (I get nauseated at the sight of blood, and I was never a good typist—so voila—I was a teacher!).

When I got married the first time, women still couldn’t get credit or establish a credit rating separate from that of their husbands. Later, when I went to law school, my sister’s brother-in-law told me I should be ashamed that I was taking the place of a man who would actually practice law. A cousin who was a lawyer was more supportive; he told me that if I really excelled, I would probably get hired, but the only lawyer job I could expect would be in the “back room” of a large firm, doing research. I wouldn’t be allowed to work directly with clients. A “friend” told me that my selfish decision to go to law school meant that my children would end up being drug addicts.

When I was interviewing for my first job as a lawyer, the EEOC was only a few years old, but lawyers at the firm knew that certain questions were off-limits. I had three small children, a fact disclosed by my resume, so I volunteered my childcare arrangements. (It seemed reasonable.) One of the lawyers was so visibly relieved that I evidently wasn’t going to burn a bra then and there that he blurted out “Not that there’s anything wrong with being a woman! We hired a man with a glass eye once!”

When Bill Hudnut appointed me Corporation Counsel, I was the first woman to head the city’s legal department. That deviation from the norm evidently triggered a lot of speculation. The Indianapolis Star identified me as a “divorcee” and the Indianapolis News ran a “gossip” item, asking “Did a city official just appoint his most recent honey to a high city position?” Evidently, the notion that a woman might be a good lawyer never crossed their minds.

When I ran for Congress in 1980, I was told by a number of people that they wouldn’t vote for a woman with young children, because my place was at home with those children. (I don’t need to remind you that men with young children are never the subject of similar sentiments—nor do I need to share my strong suspicion that they wouldn’t have voted for any woman, with or without small children.) When I joined a small law firm after losing that election, one of the partners suggested that I stick to wills and divorces, which were areas deemed appropriate for women lawyers. That actually represented progress, since by that time there were at least some limited areas in which it was acceptable for women to be lawyers …

Virtually all of these examples seem ridiculous today, when girls excel at sports and law school classes are more than 50% female. So there has been progress—actually, a lot of progress.  I am always bemused when female students assure me that they aren’t feminists—a word that some of them evidently associate with beefy women who don’t shave their legs.  The young women who don’t think of themselves as feminists simply take for granted that they will get equal pay for equal work, that they won’t have to “put out” for the boss in order to get that promotion, that they can choose the number and spacing of their children, and that there might even be a pediatrician whose office hours don’t reflect the assumption that mom is home all day.

As the commercial says, we really have “come a long way, baby.” But as the “me too” movement, the persistence of the glass ceiling, and depressing statistics about earning discrepancies all attest, we still have a long way to go.

And that long way to go was before the hard-won gains for women’s equality came under sustained attack. At the Women’s March, an elderly woman carried a sign saying “I can’t believe I’m still having to protest this shit.” A lot of us old broads feel that way.

The unremitting attacks on Planned Parenthood are particularly troubling, because women owe an enormous amount of our progress to the availability of reliable birth control. Only when we are able to plan our families, only when we are able to be more than baby factories, is it even possible to talk about having both a family and a career. Once women were in control of their reproduction, they entered the labor market in huge numbers, and became less economically dependent upon their husbands. A woman with a decent job could leave an abusive or unfulfilling relationship and support herself. Economic independence is the first step toward equal treatment, and the ability to decide for ourselves the number and spacing of our children is what makes economic independence possible.

That independence is also what has triggered the backlash we are experiencing from insecure men and especially from the Christian fundamentalists who believe that God made women to be submissive to men. Let me be very clear: there are sincere and admirable people who have principled objections to abortion—but anyone who believes that the anti-Choice movement and the assaults on Planned Parenthood are really about abortion is naïve. The real focus of this attack is on access to birth control and self-determination. It is an effort to deny the equal moral status of women. Let me share just one illustrative example—there are many, many others.

In 2009, the Susan Thompson Buffett Foundation donated over $23 million to the Colorado Family Planning Initiative. That was a five-year experimental program offering low-income teenage girls in the state long-acting reversible contraceptives—IUDs or hormonal implants—at no cost. These devices, which require no further action once inserted and remain effective for years, are by far the best method of birth control available, with less than a 1 percent failure rate. (The failure rate for the Pill is higher.) One reason more women don’t use these devices is cost: While they save the patient money over time, the up-front price can be as high as $1,200.

The results were staggering: a 40 percent decline in teen births, and a 34 percent decline in teen abortions. And for every dollar spent on the program, the state saved $5.85 in short-term Medicaid costs, in addition to other cost reductions and the enormous social benefit of freeing low-income teens from unwanted pregnancies and what too often follows: dropping out of school, unready motherhood, and poverty.

When the original grant ran out, the state legislature had to decide whether to continue funding the program. Now, you would think continued funding for so successful a program would be uncontroversial–but you would be wrong. The bill continuing funding for the program passed the Democrat-controlled House, but the Senate Republicans killed it.

And what were the highly principled reasons for refusing to continue a program that reduced teen pregnancies, reduced the number of abortions, and saved money? According to one Republican State Senator, using an IUD could mean “stopping a small child from implanting.”

Another said, “We’d be allowing a lot of young ladies to go out there and look for love in all the wrong places.”

If these lawmakers were really “pro-life,” they would support programs that substantially and demonstrably reduce the incidence of abortion. As the travesty in Colorado clearly shows, however, their real objective is to deprive women of self-determination. If necessary, at taxpayer expense.

A full list of the ongoing assaults on birth control and reproductive rights, from the Hobby Lobby decision to   Mike Pence’s effort to require funerals for miscarried fetuses to the constant efforts of state legislators around the country to outdo each other’s transvaginal probes and other punitive measures would take hours. Just in Indiana, the ACLU is currently challenging at least three anti-choice laws. I want to believe that what we are seeing is a last convulsion of old men who are frantic to retain their male privilege…but the jury is still out.

The ferocity of the pushback against women’s autonomy and reproductive rights is particularly dangerous to those of us in the Jewish community, because it represents the belief that fundamentalist Christian dogma should be the law of the land—that government should favor the beliefs of one segment of the Christian community over the theologies of other religions and other Christians.

One reason that the United States has been hospitable to Jews—and Muslims and Sikhs and other minority religions—is that the Bill of Rights not only separates Church from State, but forbids government from making decisions that are properly left to individual citizens. As I tell my students, the Bill of Rights is essentially a list of things that government doesn’t get to decide. The American constitution and legal system are based upon respect for personal autonomy and the primacy of the individual conscience—not upon conformance with majoritarian religious beliefs. I don’t think it is an accident that so many of the “family values” politicians who seem intent upon keeping women barefoot and pregnant are also anti-Semites who insist that the United States is a Christian nation.

Opponents of measures requiring equal pay for equal work, pundits who excuse predatory sexual behavior in the workplace (or by the occupant of the Oval Office), voters who reject female candidates for public office simply because they are female, and the politicians and public figures who talk about “making America great” like in the “good old days”—want to take us back to a time when women’s voices were discounted and our aspirations ignored. They want to go back to the “good old days” when women were second-class citizens—a time when being a straight white Christian male conferred automatic social dominance.

I lived through those “good old days.” They are the days I described at the beginning of this talk. They aren’t the reality I want my granddaughters—or my grandsons—to inhabit. We all deserve better.

Thank you.

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The Favoritism Regime

As I often try to explain to students, there is an important difference between rights and privileges. The essential element of the rule of law–the characteristic that distinguishes it from the exercise of power–is that the same rules apply to everyone. If everyone doesn’t have rights, no one does. Some people may have privileges, but that isn’t the same thing.

The deal is, the person engaging in free speech who is saying something with which you disagree has the same right to voice his opinion as the person with whom you agree. If we don’t all play by the same rules, if some people have more “rights” than others, no one really has rights. They have privileges that can be withdrawn if they offend or oppose those in power.

The rule of law is fundamental to a constitutional government. It is glaringly obvious that Donald Trump does not understand either its definition or its importance. It is equally obvious that he wouldn’t respect it if he did. Like most autocrats and would-be autocrats, he is all about self-aggrandizement, the exercise of power and the ability to reward his friends and punish his enemies.

Trump’s lack of comprehension of, or respect for, the rule of law is one of the many reasons he is so unfit to hold public office.

What triggered this rant was an article about Trump’s decision to impose tariffs on steel and aluminum–a decision he has evidently been reconsidering in recent days. (When your policy pronouncements emerge from impetuous impulses rather than considered analyses, they do tend to change on a day-to-day basis…) The article described the proposed tariffs and their potential consequences, and reported on the number of  U.S. companies that were scrambling to win exemptions to them.

As of the time of the article, the Commerce Department had evidently received 8,200 exemption requests.

Let’s deconstruct this.

Assume you owned a company that relied upon imported metal to manufacture your widgets. The government moved to impose tariffs, which would increase your costs and make your widgets less competitive with the widgets manufactured in other countries. Assume further that you applied for an exemption from the new rule, based upon some tenuous argument or plea of hardship. Wouldn’t you be likely to do whatever you could to curry favor with the administration dispensing those exemptions? You’d almost certainly dig deep to make a political contribution.

“Pay to play” is, unfortunately, nothing new in American politics. Engineers and others who bid on government projects know that a history of political donations may not be enough to get them the contract, but is necessary to ensure that their bid is one that will at least be considered.

That said, unsuccessful bidders who believe that a contract has been awarded to a company that didn’t meet the statutory criteria–a donor whose bid was not “lowest and best”–can sue. And win. It happens more often than you might think.

Of course, the ability to sue and have your complaint judged fairly requires that the country’s judicial system be both impartial and competent. That’s one reason this administration’s rush to fill judicial vacancies with political cronies is so pernicious.

In places where government agencies can confer benefits at their discretion–routinely the case in autocratic regimes–and there is no legal recourse, corruption is widespread and inevitable. (See: Putin’s Russia) Quid pro quo replaces rule of law.

That’s the path America is on right now. If the GOP enablers in Congress survive the midterm elections, the prospects for turning things around will be very, very dim.

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Overthinking Mental Incapacity

Sometimes, a simple explanation is better.

A recent article in Alternet asked an important question: Why are some people so resistant to science and evidence?

Currently, there are three important issues on which there is scientific consensus but controversy among laypeople: climate change, biological evolution and childhood vaccination. On all three issues, prominent members of the Trump administration, including the president, have lined up against the conclusions of research.

This widespread rejection of scientific findings presents a perplexing puzzle to those of us who value an evidence-based approach to knowledge and policy.

Agreed. So far, so good.

The author of the piece, a psychologist, then notes that many people resist complexity and shades of gray; they live in an either-or, black or white universe, and are extremely uncomfortable with “non-dichotomas” thinking. He notes that this characteristic is a factor in depression, anxiety, aggression and, especially, borderline personality disorder.

In this type of cognition, a spectrum of possibilities is divided into two parts, with a blurring of distinctions within those categories. Shades of gray are missed; everything is considered either black or white. Dichotomous thinking is not always or inevitably wrong, but it is a poor tool for understanding complicated realities because these usually involve spectrums of possibilities, not binaries….

In my observations, I see science deniers engage in dichotomous thinking about truth claims. In evaluating the evidence for a hypothesis or theory, they divide the spectrum of possibilities into two unequal parts: perfect certainty and inconclusive controversy. Any bit of data that does not support a theory is misunderstood to mean that the formulation is fundamentally in doubt, regardless of the amount of supportive evidence.

Similarly, deniers perceive the spectrum of scientific agreement as divided into two unequal parts: perfect consensus and no consensus at all. Any departure from 100 percent agreement is categorized as a lack of agreement, which is misinterpreted as indicating fundamental controversy in the field.

The article goes on to explain that people whose minds work this way will latch onto any anomaly or disagreement, any “non-consistent” factoid, as confirmation that the entire theory–evolution, climate change, the efficacy and safety of vaccination–is bogus.

Where I part company with the author is his willingness to see this “conceptual approach” as a sign of a mental mal-adaptation, an indicator of other (generally mild, but troubling)mental illness. Although I’m certainly willing to concede that this may sometimes be the case, a couple of other explanations are more consistent with Occam’s razor– the principle that, when presented with competing hypothetical answers to a problem, one should select the answer that requires the fewest assumptions.

In other words, simpler is likelier.

Among the elected officials who dismiss climate science, for example, are a significant number whose campaign coffers are regularly replenished by fossil fuel companies. I suspect these lawmakers’ expressed opinions are more convenient than real.

And if I may be permitted a decidedly un-politically-correct observation, a genuine inability to understand the difference between the scientific method and religious dogma–the inability to recognize the difference between empirical evidence and a preferred and comforting world-view– may be a sign of limited intellectual capacity.

In other words, these people aren’t mentally ill. They’re just not very smart.

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Meanwhile, Behind The Scenes….

Every day, a “Presidential” tweet or administrative outrage occupies the attention of the media and citizens who follow current affairs.

We are mesmerized by the slow train-wreck that Trump and his Keystone Kops are engineering, and for good reason. We rarely have a chance to catch our breath, or to wonder–as my husband often darkly does–what the truly vile people we don’t hear about are doing while our attention is  diverted by the ongoing public clown show.

Recently, my cousin the cardiologist (to whom I sometimes refer) sent me an example.

I have just been made aware that WomensHealth.gov has deleted much of its breast cancer web pages. But why?

It seems there has been a great reduction of breast cancer content on the website of the Office on Women’s Health (OWH) of the US Department of Health and Human Services (HHS), leaving just a single page with rudimentary information on mammograms and breast cancer. Most of the previous, seven-page content is gone.

The removal appears to reflect what my cousin calls “a broader agenda from the current administration.”

For example, under the auspices of the Affordable Care Act, breast cancer screening is offered free of charge for women meeting certain financial criteria, but that information has been deleted from WomensHealth.gov. Now, the information must be accessed on the site via a link to the Centers for Disease Control and Prevention website, which, in turn, requires a click through to yet another link.

Also, the “Government in Action” section of WomensHealth.gov previously contained information on federal programs that provide free or low-cost cancer screening, including clinical breast exams and mammograms. Known as the National Breast and Cervical Cancer Early Detection Program, the entity offers screening to all “low-income, uninsured, and underinsured women.” That entire section of the site is now removed.​This information cannot be found elsewhere on the OWH website, or anywhere on the HHS site, despite the agency’s contention that it has been integrated into other parts of the HHS website.

Apparently, most of the breast cancer content on WomensHealth.gov has been deleted.

“Because breast cancer is the most common cancer for women in the US, affecting 250,000 annually resulting in 40,000 deaths a year, it is astonishing that important information about risks, prevention and treatment of breast cancer has been eliminated from the Office on Women’s Health site,” said Joyce Bichler, deputy director of Breast Cancer Action in San Francisco, California.

According to a report from the Sunlight Foundation, a national, nonpartisan, nonprofit government watchdog, the government’s justification for this removal was  “lack of use.” This is transparent bullshit; WomensHealth.gov was visited nearly three quarters of a million times in one recent month. An HHS spokesperson told ThinkProgress that the “pages were removed… because content was not mobile-friendly and very rarely used. Before we update any of the information…we engage in a comprehensive audit and use analysis process that includes reviewing other federal consumer health websites to ensure we are not duplicating efforts or presenting redundant information.”

More bullshit.

The spokesperson directed users to WomensHealth.gov/cancer, which presumably contained the “duplicated” material, but doesn’t even have a dedicated section for breast cancer. The same spokesperson said “sister HHS agencies…have the same information in a much more user-friendly format on their websites.”

This isn’t the first time that important health information has vanished without notice or explanation. The removal of breast cancer information is part of what the Sunlight Foundation calls “wider changes to the OWH website that include the removal of resources related to lesbian and bisexual health, minority women’s health, and other topics.”

“The specificity of these removals adds more evidence to a growing concern: that public information for vulnerable populations is being targeted for removal or simply hidden,” says Sunlight.

Bottom line: Important information intended to assist low-income individuals and people of color access healthcare has been removed from the website–even though the most common cancer in women is breast cancer–and at the same time, the administration is ramping up its assault on Planned Parenthood, an important provider of breast cancer screenings.

Don’t tell me that “war on women” is hyperbole.

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Another Perspective On How We Got Here

Yesterday, I noted the ubiquity of efforts to understand what happened to the Republican Party. Equally predictable are the efforts to understand how America could have elected Donald Trump–how a man so manifestly unfit for the Presidency (or really, life in polite company) could have garnered millions of votes. True, he lost the popular vote, but that doesn’t negate the fact that millions of people actually cast ballots for him–and that even in the face of the damage being caused by his impetuousness and ignorance,  many of them continue to support him.

Amanda Marcotte, who writes for Salon, is out with a book that attempts to answer that question. Her conclusions in Troll Nation won’t surprise anyone who reads this blog with any regularity, but her approach is worth considering, as Andrew O’Hehir’s review makes clear.

“Troll Nation” is not about the election of Donald Trump. Amanda and I have certain areas of cheerfully-expressed political disagreement, but I think we share the view that Trump was the culmination of a long process, or is the most visible symptom of a widespread infection. Amanda’s analysis is, as always, calm, sharp-witted and clearly focused on available evidence. American conservatives, she says, used to make rational arguments and used to present a positive social vision. Did those arguments make sense, in the end? Did that “Morning in America” vision of the Reagan years conceal a vibrant undercurrent of bigotry?

The answers to those questions — “no” and “yes,” respectively — led us to the current situation, when conservative politics has become almost entirely negative….Most Republicans gleefully embrace incoherent or self-destructive policies designed to punish or horrify people they dislike, whether that means feminists, immigrants, black people, campus “snowflakes,” members of the “liberal elite” or (above all) Hillary Clinton. I am not the world’s biggest fan of Hillary Clinton, as Amanda knows! But what the hell she ever did to all those people to make them despise her so much is entirely unclear..

As O’Hehir notes, the self-proclaimed conservatives of the GOP have morphed from the “supercilious, upper-crust conservatism “of William F. Buckley Jr., whom he accurately describes as the dictionary definition of an elitist, to the delusional ignorance of Alex Jones and the small-minded hatred of Charlottesville.

The basic premise of Marcotte’s book is that Trump is not an anomaly. Much as we might like to believe that we are living in a time that is a departure from the trajectory of American history, Marcotte sees Trump as the logical conclusion of an undercurrent in conservatism that’s been going on for decades — attitudes and resentments encouraged by talk radio, Fox News and their imitators that have “reconstructed” American conservatism. Today, rather than political opinions or policy positions, it’s all about hate and bigotry and who doesn’t belong–who isn’t a “real” American.

Plenty has been written about Fox News, talk radio and other media that ranges from spin to propaganda, and the extent to which those outlets are implicated in the twisted worldviews of their audience, but Marcotte shares an important insight that often gets overlooked:

I want to convey in this book, and I hope in this interview, that conservative audiences respond to this kind of media because they want to. I think we underestimate how much people are going to do what they want to do and believe what they want to believe.

Blaming the propagandists and conspiracy theorists lets their audiences off the hook–it assumes a lack of moral agency. The people who parrot “Fox and Friends” choose their news, and they choose not to balance it with other perspectives. For whatever reason–impelled by whatever inadequacies and resentments–they choose to indulge in confirmation bias rather than resisting it.

It’s co-dependency.

Without their willingness to suspend critical thinking–their desperate need to believe in their own racial and/or religious and/or gender superiority, the Rush Limbaughs and Fox News blonds and purveyors of Pizza conspiracies would be out of business.

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