Crim C113 - Week 5 notes
Crim C113 - Week 5 notes Crm/Law C113
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This 9 page Class Notes was uploaded by Edward Avakian on Wednesday April 27, 2016. The Class Notes belongs to Crm/Law C113 at University of California - Irvine taught by Hillary Berk in Winter 2016. Since its upload, it has received 41 views. For similar materials see Gender and Social Control in Criminology and Criminal Justice at University of California - Irvine.
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Date Created: 04/27/16
Crim C113 Lecture 9 Week 5 04/25/2016 ▯ Sexual Orientation and the Construction of Masculinity ▯ ▯ Five Sexes Man Woman Three intersex categories “herms,” “merms,” and “ferms” ▯ ▯ Two-Party Sexual System Law ignores the many gradations from female to male, requiring a binary… o But what about “herms,” “merms,” and “ferms”? o Herms = true hermaphrodites; both egg and sperm producing organs; as a matter of physical sex, they have both o Merms = male pseudo-hermaphrodites; people who have testes, sperm producing organs, and some aspects of female genitalia but no ovaries to produce eggs; you have an XY chromosomal make-up o Ferms = female pseudo-hermaphrodites; have ovaries and some aspects of male genitalia, but they don’t have testes to produce sperm; have female XX chromosomal make-up (STERLING) o This is about as common as having red hair From a campus of 6000 elite undergrads, there were 240 intersexuals. The legal system requires that we select categories in a binary: you are male or female o Birth certificate ▯ ▯ Anne Fausto-Sterling Why do law, medicine, and other social institutions push to erase any form of embodied sex that doesn’t conform to the norm? o To protect the child because the assumption is if you’re a hermaphrodite or inter-sex individual, you are doomed to a life of misery o Happiness is based on being placed in one of these two categories (male/female) Why should we care? Doctors would perform surgery to babies to prevent this sort of distinction In order to make distinctions between categories, we need categories What Sterling suggests = if we look at sexual multiplicity, we need to conceive of a world with shared powers and equality ▯ ▯ “Dude, You’re a Fag” What does that mean? Pasco argues that the use of the word fag is more complicated than garden variety homophobia What is CJ Pasco’s method and how does she learn what she knows? o She uses qualitative interviews with students; observation; ethnography o Interviews high-school boys and girls collecting data Boys = refer to anything How is using “fag” gendered? o Abject position; vulnerable, o Believing that males are supposed to be or carry more Competence, strength, heterosexual prowess o Targeted specifically toward guys o Not equal opportunity homophobia because it’s bad to be gay but it’s cool to be a lesbian o Lesbianism has a place in the heterosexual fantasy: two- woman trope; women engaging in sexual activity for male’s pleasure o Adolescent boys dislike gay men more than lesbians In her observations, girls were not called dikes in the systematic way Gendered homophobia How is using “fag” deployed? o Through discourse According to Pasco, what is it that deploying the term “fag” do? o Promote hegemonic masculinity o Fag talk and the imitations that students go through in high school serve as the discourse that boys discipline themselves and their classmates through joking relationships; spectrum of niceness to meanness and the taken-for-grantedness of this language o Extension of what Sterling said; society chooses a binary way of looking at sex: male/female; mode of discipline and a fear of a sector of homosexuality How is using “fag” racialized? o Both white students and black students were insulting and to emasculate ▯ ▯ Deploying “fag” through daily discourse and rituals as adolescents actually constitutes gender and masculinity ▯ ▯ Fluid vs static identity ▯ ▯ Boys police behaviors to avoid permanent stigma (using “fag” as a weapon/disciplinary tool) ▯ ▯ From adolescent boys to adults: the schoolyard to the workplace A form of sexual harassment? Sex discrimination? Title VII does not recognize a claim for discrimination on the basis of sexual orientation ▯ ▯ Oncale v Sundowner Offshore Services (1998) Man working on oil rig with 8-10 other workers; Joseph Oncale was being picked on, physically assaulted, called a lot of names, threatened several times to be raped Legal question: does a man forcibly subjected to sex-related, humiliating words and actions by other male co-workers have a claim for sexual harassment under Title VII Supreme Court reiterated that same-sex harassment is not illegal, but this was sexual harassment This case overrules dozens of decisions preceding the time ▯ ▯ Same-Sex Harassment Employees are protected under Title VII from enduring harassment on the job, whether male or female The sexual orientation of either the harasser or the victim is irrelevant in an analysis of what makes a “hostile work environment” A victim is not required to show that the harasser has some motive of actually getting sexual gratification from it o Don’t have to prove that they would actually have wanted to rape or not ▯ ▯ Simonton v Runyon (2 nd circuit 2000) Dwayne Simonton was a postal worker for 12 years in New York; he gets glowing reviews and has very good performance; coworkers called him a fucking faggot and told him to suck their dick or they’ll shove it up his ass; putting male dolls in his car He had a heart attack Was Dwayne subjected to a hostile work-environment? o Based on sexual orientation Is there a difference between discrimination*** Dwayne lost o 1) don’t recognize a claim based on sexual orientation ▯ ▯ Is an environment “hostile”? Harris factors: o Frequency of the discriminatory conduct o Severity o Physically threatening, humiliating o Unreasonably interferes with work o Psychological harm to the victim ▯ ▯ How is Simonton’s case different from Oncale, Hopkins, and others? If Congress wanted to make this behavior illegal, it could just amend the civil rights act Congress/Title VII does not protect against discrimination based on sexual orientation Simonton wasn’t harassed “because of sex” (i.e., because he was a man) but because he was “gay” Isn’t this sex discrimination based on gender stereotyping? o You can’t bootstrap protection for sexual orientation and shoehorn it into Title VII; not all gay men are stereotypically feminine and not all heterosexual men are stereotypically masculine Procedural problems ▯ ▯ Crim C113 Lecture 10 Week 5 04/27/2016 ▯ <Intersectionality and Multiracial/Critical Race Feminism> ▯ ▯ Simonton v Runyon Court refused what Simonton was saying He may have won the case had he instead asserted like Anne Hopkins that he was discriminated on the basis of gender stereotyping; you have to provide evidence between spectrum of masculinity and femininity and stereotypes surrounding that Harassment because of sex vs harassment because of sexual orientation Congress has not yet included sexual orientation in the civil rights amendment ▯ ▯ Agenda Intersectionality theory Racialized sexual harassment Difference, multiracial feminism, and sisterhood Scholars: bell hooks, Mari Matsuda, Tanya Hernandez, Bethany Coston and Michael Kimmel, Chimamanda Ngozi Adichie ▯ ▯ Several states primarily in the south have been enacting laws claiming that individuals should be able to discriminate against individuals who claim to be part of LGBT categories on the grounds of religious freedom ▯ ▯ Kimberle Crenshaw Intersectionality Not just about the intersection of race and gender, or multiple identity, but the legal consequences of intersecting multiple identities Crenshaw argued that anti-discrimination law fails to comprehend the nature of societal discrimination that are faced by people who identify with multiple identities ▯ ▯ Crenshaw provides examples of a black woman, a disabled Asian man, and professor ▯ ▯ Intersectionality Societal discrimination is not just “additive,” it is unique o I am black + a woman People with intersectional disadvantages experience the same discrimination if not more discrimination Example) workplace o Employer hires a white woman and a black man, but refuse to hire a black woman; excuse employer gives that customer stereotypes of black women would harm the business and that profits are essential, therefore they shouldn’t be forced to hire a black woman But civil rights law fails to recognize intersectional discrimination. It requires race OR sex and evaluates only binary categories (male/female, black/white, abled/disabled) o People who have multiple areas of disadvantage are not allowed to make their claims, therefore essentially losing their cases ▯ ▯ Tanya Hernandez Examines the phenomenon using the context of sexual harassment cases She took a look at years of Title VII claims of sexual harassment o 7 year model = took 7 years of claims filed; the rate at which they are filed o 20 years of reporting of sexual harassment claims She notices that black women were disproportionately represented Women of color = overrepresented o Colored women make up 16% of work force; filing 41% of all sexual harassment claims White women = underrepresented o White women make up 84% of work force; filing only 59% of all sexual harassment claims Q: what explains this disparity in EEOC data? Women of color are more sensitized because they have the past experience and knowledge of civil rights movement to file more claims; they have been in hostile environments more Why is this not a good explanation? o It takes the focus away from the perpetrators In fact, women of color actually underreport sexual harassment; can’t use sensitization to explain the disparity Disparity between women of color and white women and their being educated; Hernandez said she controlled for levels of education, and skills, and it was the same across race Explanation of disparities in filing? o Reporting and filing more because they’re being harassed more Women of color are either more severely harassed or more frequently harassed or both Left with race and racism as the causal explanation because sexual harassers, according to Hernandez, look through the lens using specific stereotypes of women of color to be more available We base our opinions and perceptions on others on idealized types ▯ ▯ Racialized gender stereotypes Nicki Minaj Lucy Liu Jennifer Lopez Stereotypes of women of color according to Hernandez may increase their chances of being harassed and assaulted White women’s stereotype = respectability and purity; race for white women = more sacred Conclusion? o We want to be quite aware of the role that racialized gender stereotypes—what those are and how it happens in the workplace o Race on one hand, sex on the other may not be helping people out there and we should include an intersectional claim to Title VII ▯ ▯ Marginalized Masculinities Another type of intersectionality Intersection of privilege among men themselves Coston and Kimmel acknowledge that privilege among men exists, that gender is the mechanism by which the marginalized are marginalized Not all heterosexual men are white; not all white men are heterosexual; something else is also happening in the category of male Three categories that Coston and Kimmel call the “not-real man” o Disabled men They aren’t capable of doing anything a masculine, real man can; disabled man’s appearance and behavior, strength, aggression, sexual prowess; idealized standards that men and women place on men are based on abledbodiness Disabled men symbolize lack of self control, weakness, vulnerability o Gay men They’re more feminine and not tough; more emotional Effeminism vs. hyper-masculine performance Traditionally been the alter for masculinity Some gay men in response to resisting the label present hyper-masculine performance with certain types of bodybuilding and dress styles o Working-class men The most prototypical; hard-working; physical embodiment of strength Lack education, money, and skill = male-dominant constructions that sit at the top of male; dumb brute Stereotypes = great pride = breadwinner of family (providing for them); not being able to do that is a failure of masculinity You can’t assert power in the work force so you assert power and masculinity at home ▯ ▯ Doing Gender, Doing Difference Since difference is the mechanism for stigmatizing and excluding, performing masculinity involves a preoccupation with proving your gender to others Doesn’t happen at organizational level; is internalized ▯ ▯ bell hooks Q: Why is sisterhood still powerful? o You need to have some commitment towards this in some unified front o Undermines patriarchy Solidarity is necessary to challenge sexism, discrimination, and patriarchy – to lobby for social change across boundaries of race and class Communicates how important race and class are; sisterhood would have never been possible if individual women hadn’t been willing to divest their power; acknowledgment and helping hands– that’s what works Sisterhood requires getting rid of class and race domination ▯ Mari Matsuda What does it take to maintain sisterhood? o Feminists must have hard conversations about race If you don’t talk to others and get defensive, you’re ignorant and undermine other’s beliefs and ideals, etc. Legal scholars must work in coalition Social justice requires understanding all forms of subordination o How do these forms intersect with one another? ▯ ▯ Multiracial Feminist Theory Just like all social relations are gendered, all social relations are racialized How can we achieve social justice and solidarity? o Matsuda = have to ask the other question, “Where is the patriarchy and homophobia or ableism in this relationship?” o In unity there is strength ▯ ▯ Chimamanda Ngozi Adichie = YouTube Video TedTalk We Should All Be Feminists Nigerian novelist and writer Writes stories and social stuff; lecturer African feminist and social justice activist ▯ ▯
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