What’s Different This Time? A Lot.

Back in the 60s, Bob Dylan told us that “the times, they are a-changing.” They still are.

I’ve been thinking about about the Supreme Court’s efforts to reverse social change, and the extent to which their targets have become too firmly embedded in the culture to be reversed.

Roe v. Wade was decided in 1973–almost exactly 50 years ago–and we sometimes forget how much American life  has changed since then. I’ve been thinking about what those changes may mean for the radical Court decision to overrule the constitutional right of a woman to control her own reproduction.

Consider just a few…

  •  Roe was argued in a void of sorts.Tthere was virtually no public discussion of women’s experiences with abortion, because it had been illegal in many if not most states, and coming forward to publicly explain and provide context to a decision to terminate a pregnancy would have labeled the woman a criminal. As Dobbs made its way through the judicial system, however, women faced no such restraint, and their stories have illustrated the multiplicity of situations women face, and the intensely personal impacts of their decisions.
  • Columnist Jennifer Rubin has written about one outcome of that public discussion–widespread recognition of the cruelty of forced birth. How do you defend GOP insistence that a 10-year-old girl impregnated by her rapist carry that pregnancy to term? Yet in that very real case, at least two Republican gubernatorial candidates have affirmed their belief that this child should be required to give birth. As Rubin noted, those utterances by GOP candidates weren’t anomalous: Mississippi House Speaker Philip Gunn said that, in his view, a 12-year-old impregnated by incest should be forced to complete her pregnancy. Herschel Walker, the Georgia Republican Senate nominee, insists he wants no exceptions, even to save the woman’s life. Ohio state Rep. Jean Schmidt has called forcing a 13-year-old rape victim to give birth an “opportunity.” Even people with qualms about abortion are likely repulsed by this sick lack of concern for the lives and health of living women.
  • Poll after poll shows that most people who want to restrict abortion don’t want to ban the procedure entirely. Yet–as The New York Times reports– “There are no allowances for victims of rape or incest in Alabama, Arkansas, Florida, Kentucky, Louisiana, Missouri, Oklahoma, Ohio, South Dakota, Tennessee or Texas.” In Idaho, a woman would have to file a police report to obtain an abortion, something virtually impossible for incest victims and others who live in fear of their attackers.”
  • As legal observers have noted–and survey research has confirmed--the U.S. Supreme Court is in the midst of a full-fledged legitimacy crisis, worsened by a steady stream of extreme decisions handed down by the conservative supermajority. Opinions about the Court are far more negative than they were in 1973.
  • The decision in Dobbs, as I’ve previously explained, rests on an analysis that threatens other rights–rights that weren’t recognized fifty years ago (and thus were not “deeply rooted” in Justice Alito’s version of American history) such as same-sex marriage (2015), contraception (1965) and interracial marriage (1967). That threat is widely understood, and it significantly expands the number of Americans who (accurately) view Dobbs as a personal threat.
  • The media environment today is dramatically different from that of 1973. Whatever their negatives–and I routinely post about those negatives–the ubiquity of the Internet and social media means that very few Americans are unaware of either the Court’s decision or its likely impacts. Digital communication has also made it much, much easier to organize political movements and raise dollars–and we are already seeing a strong political response online to what is being described–again, I believe accurately–as a theocratic and profoundly anti-liberty decision.
  • Over the past fifty years women have become considerably more empowered.
  • The percentage of Americans following the dictates of organized religion is at an all-time low.

I’m old, and I remember 1973.

In 1973, my mother–who was considered pretty liberated for her time– was still saying things like “Men won’t buy the cow if they can get the milk for free.” Women who had sex outside of marriage were considered sluts. Women who dared to have both children and careers were  “obviously” bad mothers. Women who weren’t married were pitied and called “old maids.” Women who earned more than their husbands were “castrating.” Women who played sports were unfeminine–and the very few women who wanted to report on sports were barred from male players’ locker rooms…It was 1974 before we could even get our own credit cards.

In short, a lot has changed since 1973. As a recent car commercial puts it, “this isn’t your father’s Oldsmobile.”  

 In 1971, Helen Reddy wrote our anthem..

In 2022, I think women really are going to roar.

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What’s Next?

I recently had a disquieting political discussion during an otherwise lovely lunch with my youngest son.

It probably won’t shock readers of this blog to learn that our children and grandchildren are pretty political…and I’m happy to report that they all have developed what I consider to be excellent values. The differences arise from our views of America’s probable future. One son has already moved to the Netherlands, a granddaughter lives in northern England, and this son–our youngest–expects that America’s descent into autocracy and White Supremacy will prompt his children to eventually relocate as well.

Our discussion wasn’t exactly an argument, but we had very different predictions about the likely political fallout when–not if, since we agreed it will happen– the Supreme Court eviscerates or overrules Roe v. Wade. I opined that their “victory” will lead to a reduction in the passion of the pro-fetal-life movement, and energize women who have previously felt protected by Roe. My son disagreed–he sees the anti-choice zealots taking their fervor to state legislatures and–thanks to gerrymandering–tightening their red state control.

I should mention that this son is a lawyer, and a very good one. He knows how to frame and present a convincing argument….Needless to say, I left lunch depressed.

A few days after that conversation, I was a guest on a podcast called Who Gets What–the brainchild of two longtime friends, Morton Marcus and John Guy. After the recording stopped, Morton and I were talking, and he made an observation that I found both fascinating and relevant to the consequences of a reversal of Roe v. Wade.

Morton said he’d been looking for a truly objective, scholarly analysis of the multiple ways in which women’s “liberation”–the growth/emergence of women’s participation in all the “nooks and crannies” of society–has changed that society. As he noted, there’s been a lot written about the subject, but it’s mostly advocacy (pro and con), or focused on relatively small parts of the bigger picture. He’d found no analysis encompassing the truly monumental social changes triggered by the steady expansion of women’s participation in all parts of our society.

Morton’s observation is accurate, at least so far as I can tell–I’m unaware of any scholarship that addresses the entirety of the immense social changes that have occurred as a result of women’s emancipation from the confines of “barefoot and pregnant.”

However one defines the “women’s movement,” however, its power depends on reliable birth control.

Yes, we can look to history and find examples of powerful women; we can point to the suffrage movement and similar efforts to assert or enlarge women’s rights–but real change, I submit, came only with the ability of women to control our reproduction. Only then could we enter fully into workplaces (most of which no longer required brute strength), an entry that gave us another form of choice: the economic means to leave unsatisfactory marriages, or to renegotiate the terms of more agreeable ones.

There’s a reason the people who want to return the U.S. to the social structures of the 1950s are so focused on controlling women’s reproduction. (It isn’t just abortion; if you don’t believe birth control is next, I refer you to the Hobby Lobby case…)

The future of American democracy may well depend upon the extent to which American women understand the far broader implications of a loss of control over their reproductive lives. Yes, there are compelling medical, economic and psychological reasons to allow women to exercise the self-determination men take for granted. Yes, the arguments advanced by pro-fetal-life activists are inaccurate gaslighting. But if women lose control over their bodily integrity, they won’t just lose the momentum that has been building toward their full participation in American society, they’ll do a U turn.

Women’s equality will lose considerable–critical– ground.

I think that–deep down, if not consciously–activists on both sides of the issue understand that this fight is really between continuing inclusion of half the population in the life of the nation, or a return to some version of male social dominance. The question is whether the majority of non-activist women understand the actual nature of the debate, care about continuing their progress toward equal civic participation, and are sufficiently motivated to protect the hard-won improvements in women’s prospects and status.

What happens next–whether my son’s predictions or my own hopes prove accurate–ultimately depends on the answer to that question–and upon who wins those statehouses.

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Memory Lane Is Gendered

My husband and I were kibitzing with Bill Brooks a few days ago. Bill was previously the editor of several small-town newspapers in Indiana, and in semi-retirement, he publishes the Urban Times, an outgrowth of several urban neighborhood newsletters. He mentioned that he’s planning to run a feature with answers to a question he intends to put to readers who are long-time residents of the city: What do you miss about Indianapolis that was once here but is now gone?

My husband (whose memory for such things is much better than mine) immediately responded by naming a couple of bygone festivals and civic celebrations. I was unable to come up with anything I truly miss, and later in the day, I brooded a bit about that inability. Granted, I tend to live in the present–but then I also realized that my lack of nostalgia is significantly attached to my gender.

To be blunt, it’s a lot easier being female today than it used to be–in Indianapolis and elsewhere. Not perfect–that “glass ceiling” may be cracked, but it’s still there–but immensely improved. A few examples from my long-ago youth:

When I went to college, I wanted to major in liberal arts, but my father insisted that I get a teaching degree, because if my eventual husband died, I would need something to fall back on. At the time, educated women were secretaries, teachers or nurses; I couldn’t type and the sight of blood made me queasy. Ergo! I’d teach.

I began my adult work life as a high school English teacher. When I became pregnant with my first child, however, I could no longer teach—Even though I was married, those days, once women teachers or librarians “showed,” we could no longer be in the classroom.

I went to law school when I was 30 and had three small children. There were very few women in law school then, and my most important epiphany revolved around the need for potty parity, since the few women’s restrooms in the relatively new building had been included–and located– to accommodate the secretarial staff.

After graduating law school, I was the first female lawyer hired at one of Indianapolis’ then “big three” law firms. To give you a flavor of the times, serial interviews with prospective associates were conducted by several of the partners, and I was in conversation with two who were being very careful not to ask improper questions (this was barely ten years after creation of the EEOC). Since I had three children, I thought it reasonable to volunteer my childcare arrangements. One of the partners was so obviously relieved that I wasn’t acting like a bra-burning radical feminist, he blurted out: “It isn’t that there’s anything wrong with being a woman. We hired a man with a glass eye once!”

In 1977, Bill Hudnut asked me to take charge of the City’s legal department. I was the first woman to be Corporation Counsel in Indianapolis, and at the time, Indianapolis had two newspapers. The afternoon paper, the Indianapolis News, had a front-page “gossip” blurb.  I still recall its juicy little item after my appointment was announced: “What high-ranking city official appointed his most recent honey to a prominent position…” Apparently, it was inconceivable that I’d been appointed because I was a decent lawyer, or because I represented a constituency Bill was reaching out to.

I could spend all day adding to this litany, but the bottom line is: things are better for women now. Not perfect, but much, much better.

My female students–even those who didn’t consider themselves feminists–were appalled at suggestions that they should expect  to be offered lower pay than their male classmates for the same positions. My granddaughters are incredulous when I tell them these stories.

I’m sure that, with some thought, I’ll be able to answer Bill Brooks’ question–able to come up with the names of retail establishments or festivals or restaurants that I miss. (To  be honest, what I really miss is the naïveté and uncomplicated patriotism that was facilitated by what I now know was my very incomplete understanding of American history.)

Overall, however, I’ll take today. Given the lunacy and ferocity of the backlash–the furious efforts to roll back the changes that a lot of us celebrate– I do worry quite a lot about tomorrow.

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A Female Perspective

I was asked to make a (Zoom)presentation to a group of O’Neill women students, focused on “women and politics.” This is what I said.
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I think I have always been a “political” person, in the sense that the question that has always fascinated me is a question that most women wrestle with in one way or another: how should people live together? What sort of social and political arrangements are most likely to nourish our humanity and promote—in Aristotle’s term—human flourishing? If the old African proverb is right, if it “takes a village to raise a child,” what should that village look like, and how should its inhabitants behave? How do we build that kind of village? Politics is the process of turning our answers to those questions into policy—and since women’s answers have been shaped by our life experiences, it is important that women’s voices be part of the policy process.

You have asked me to share my experiences as a professional and political woman, so let me get the biography out of the way. I was born in 1941, and I am very much a product of the 1950s, way before any of you were born. It was a time when women went to college to find a husband, a time when we were expected to be decorative and submissive—or at the very least, quiet. (You can see why I had a problem.)

I grew up in Anderson, Indiana, where being Jewish was at best exotic and at worst, Satanic, and where I was usually the only Jew my classmates had ever encountered. Those experiences undoubtedly deepened my interest in social divisions and the effects of marginalization. They also kindled an ongoing fascination with the ways in which religions shape our worldviews.

I left Anderson for college when I was 16. I wanted to major in liberal arts, but my father insisted that I get a teaching degree, because if my eventual husband died, I would need something to fall back on. At the time, educated women were secretaries, teachers or nurses; I couldn’t type and the sight of blood made me queasy. That left teaching. Because I was so young, my parents sent me to Stephens College for Women, a two-year school that took very seriously its obligation to act in loco parentis. After Stephens, I briefly attended the University of North Carolina, where the most indelible lesson I learned was that when you pay Full Professors 3000/year, you get what you pay for. (Even in the 1950s, 3000 wasn’t much.) I transferred to IU Bloomington to finish my undergraduate degree, got married and divorced, and later did a semester at Butler, pursuing an MA in literature that I never finished.

I married a second time and took my first job (well, first if you don’t count the summer I worked for my father’s friend at his—no kidding—Cadillac-Rambler agency, where I was billed as Anderson’s first female used car salesman.) I began my adult work life as a high school English teacher. When I became pregnant with my first child, however, I could no longer teach—Even though I was married, those days, once women teachers “showed,” we could no longer be in the classroom. The theory evidently was that the kids would know what we’d been up to…

I went to law school when I was 30 and had three small children (four if you count the husband I had at the time). There were very few women in law school then, and my most important epiphany revolved around the need for potty parity… the few women’s restrooms were for the secretarial staff and inconvenient for students. After graduating law school, I was the first female lawyer hired at what was then Baker and Daniels.

To give you a flavor of the time—serial interviews with prospective associates were conducted by several of the partners, and I was in conversation with two who were being very careful not to ask improper questions—this was barely ten years after creation of the EEOC. Since I had three children, I thought it reasonable to volunteer my childcare arrangements. One of the partners was so obviously relieved that I wasn’t acting like some sort of radical bra-burning feminist, he blurted out: “It isn’t that there’s anything wrong with being a woman. We hired a man with a glass eye once!”

I practiced corporate law for three years, until Bill Hudnut asked me to take charge of the City’s legal department. I was the first woman to serve as Corporation Counsel in Indianapolis–or, to the best of my knowledge, in any major metropolitan area. At the time, Indianapolis had two newspapers. The afternoon paper, the Indianapolis News, had a front-page “gossip” blurb, and I still recall its juicy little item after my appointment was announced: “What high-ranking city official appointed his most recent honey to a prominent position…” I guess it was inconceivable that I’d been appointed because I was a decent lawyer, or even because I represented a constituency Bill was reaching out to. Gotta sell papers…

I left City Hall to be the Republican candidate for Congress in 1980, running against Andy Jacobs, Jr., in what was then Indiana’s 11th Congressional district. That was back when Republicans were still rational, and political campaigns less toxic. I was pro-choice and pro-gay rights, and I won a Republican primary. The worst name I called Andy was Democrat. My youngest son later served as his Congressional page, and after Andy retired, he and I would occasionally have lunch. As I say, things were different then….
I also remarried during that campaign and I’m happy to report that the third time was the charm—it’s been 41 years and counting.

After losing the election, I practiced law, started a Real Estate Development Company that went broke during the recession of the late 1980s, and served six years as the Executive Director of Indiana’s ACLU. I joined IUPUI’s faculty in 1998.

I’ve lived through the women’s movement, the Civil Rights movement, the 60s, the sexual revolution (I missed it by 6 years!), the gay rights movement, the decades of religious zealotry that a friend calls “America’s most recent Great Awakening,” and a dizzying explosion of new technologies. As George Burns once said, I’m so old I remember when the air was clean and sex was dirty.

I became politically active at nineteen, as a Republican. I was persuaded—and remain persuaded—by what has been called the “libertarian principle,” the belief that the best society is one in which individuals are free to set and pursue our own life goals, determine our own telos, so long as we don’t harm the person or property of a non-consenting other, and so long as we are willing to grant an equal right to others. Back then, with some notable exceptions, the GOP understood the importance of “so long as” in those last two caveats. Times, obviously, have changed. The political party to which I belonged no longer exists, except in name.

For those who begin with the libertarian principle as I just shared it, good faith political arguments tend to revolve around the nature and severity of the “harms” that government can legitimately prohibit or regulate, and the extent of government’s obligation to provide a physical and social infrastructure to be paid for through citizens’ “dues,” called taxes. Needless to say, we are not having those good faith arguments today—instead, we are in a culture war– what may well be an existential struggle between science and reason on the one hand, and a variety of fundamentalisms on the other.

Women do not do well in culture wars.

Of the nine books I’ve written, the two that taught me the most—the ones that required the “deepest dives” into our philosophy of government and suggested some answers to Aristotle’s question—were God and Country: America in Red and Blue and my small textbook Talking Politics? What You Need to Know Before You Open Your Mouth.

The research I did for God and Country provided me with a lens through which I’ve come to understand so much of our current political environment. Policymaking has become a power struggle between Puritans who believe government should make the rest of us live “godly” lives, based upon their particular version of what’s godly, and those of us who demand that government act on what John Rawls called “public reasons,” based upon logical persuasion and scientific and empirical understandings. Contemporary Puritans remain deeply antagonistic to the Enlightenment and to secular ways of knowing—especially science—and they utterly reject the notion that each of us gets to define our own morality. Scroll down a Facebook page, or read the comments section of an online newspaper, and you’ll come across posts from fundamentalists of various stripes who wrap themselves in victimhood whenever government fails to impose their preferred worldviews on everyone else. And as most women understand, those preferred worldviews almost always include a “biblically-mandated” submission of women.

Another example is the effort—in Indiana and elsewhere—to exempt so-called “bible-believing Christians” from compliance with otherwise applicable civil rights laws. In our system, religious citizens have absolute liberty to believe whatever they want—that’s the individual rights pole of the continuum. But religious or political beliefs, no matter how sincere, don’t entitle people to sacrifice newborns or bomb abortion clinics, and they don’t entitle them to engage in behavior that is contrary to America’s cultural and legal commitment to civic equality. That’s the public good end of the continuum. There’s no religious privilege to behave in ways that we collectively deem destructive to America’s social health.

Let me just share a final observation: Social justice is a term we don’t hear very often these days. Social justice is aspirational, and its elements are subject to debate, but at its heart, the concept is concerned with mutual obligation and the common good. In its broadest outlines, a just society is one that meets the basic human needs of its members, without regard to their identities, genders or social status—a society that doesn’t draw invidious distinctions between male and female, black and white, gay and straight, religious and atheist, Republican and Democrat, or any of the other categories into which we like to sort our fellow humans. It is a society that recognizes and respects the inherent dignity and value of each person.

We should want to make our society more just for many reasons, practical as well as moral: for one thing, a more equitable society is in the long-term best interests of even those people who don’t feel any obligation to feed hungry children or find jobs for ex-offenders or make health care accessible to poor people. That’s because in order to remain competitive in the global economy, America needs to make use of all its talent. Social systems that prevent people from contributing their talents cost all of us in lost opportunities and unrealized promise.

I’m painfully aware that cultural institutions, folkways and intellectual paradigms influence people far more than logic and reason, and I also know that culture is incredibly difficult to change. Systemic barriers and ingrained privilege don’t disappear without significant upheavals or outright revolutions.

Even more daunting, when I look at today’s politics, I’m reminded of a 1999 movie called “The Sixth Sense.” The young boy in that movie saw dead people. I see crazy people.

If I had to guess why so many of our fellow-citizens appear to have gone off the deep end—why they are trying to stockpile guns, roll back women’s rights, put gays back in the closet, stigmatize African-Americans and stereotype Muslims—I think the answer is fear. Change is creating a very different world from the one most of us grew up in, and the pace of that change continues to accelerate. As a result, we have a lot of bewildered and disoriented people who find themselves in an increasingly ambiguous world; they are frantic for bright lines, clear rules, simple answers to complicated issues, and especially, for someone to blame. People who are unhappy or dissatisfied with their lives evidently need to attribute their problems and disappointments to some nefarious “other.” Black and brown people and “uppity women” are obvious targets.

I have hopes that your generation will be able to reverse this retreat into anti-intellectualism, bigotry and various kinds of fundamentalism. We humans flourish through constant learning, by opening ourselves to new perspectives, by reaching out and learning from those who are different.

And women only flourish in a society that understands that.

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