Supreme Court

Photo by Steve Rainwater, Flickr CC

Supreme Court nominee — now associate justice — Brett Kavanaugh gave an interview to Fox News where he claimed that he could not have assaulted Dr. Christine Blasey Ford because he did not have sex until many years after high school. In a recent op-ed for Huffington Post, sociologist Sarah Diefendorf argues that this ‘good guys’ defense perpetuates an erroneous belief that rapists are fundamentally bad people who are incapable of becoming successful and accomplished people, like Brett Kavanaugh. Diefendorf explains,

When Kavanaugh or other men respond to allegations of sexual assault by making themselves look like good guys, they’re trying to pin the blame on other “bad” men as failures of masculinity. This good guy defense is brilliant. It allows men to make the problem of sexual assault and rape about being an individual ― the work of bad men, not a bad culture ― when we know that it is actually a widespread cultural problem.

Instead of a binary where there are ‘good’ and ‘bad’ guys, Diefendorf cites social science research about how young men learn that masculinity means exerting dominance. This can mean symbolic domination, like calling another man a ‘fag’ or bragging about sex with women, or physical domination, like sexual assault. Citing her own research, Diefendorf points out that dominance work is a show for other men. She writes,

My research suggests that masculine bonding at the expense of women might be even stronger among men who are virgins. I spoke to men ages 19 to 25 who were virgins to understand how virginity affected how they saw themselves as men. Male virginity is often stigmatized, so the men I spoke to had to find other ways to be accepted as manly. They would talk to other men about sex frequently to show how hard it was to keep themselves from doing it.

Social science can remind us that masculinity carries assumptions of domination and is a powerful cultural force in shaping behavior — a force that can affect even those who present themselves as ‘good guys.’

Photo of Yale Law School courtyard. Photo by stepnout, Flickr CC

More than 20 million people tuned in to the Ford-Kavanaugh hearing on Thursday. Many sociologists provided perspectives on the hearing, outlining everything from the myths about rape to the connections (and differences) with the Anita Hill and Clarence Thomas case. In an op-ed for The Washington Post, Shamus Khan provides his take on how class privilege shaped many of Brett Kavanaugh’s actions.

In his book Privilege, Khan followed students at St. Paul’s, an elite private school in New Hampshire. He describes how elite institutions, including the ones Kavanaugh attended, like Yale, foster privilege among their predominantly upper-class student bodies. This privilege includes ideas that students are “exceptional” and that the “rules don’t really apply to them.” As Khan explains in the article,

“What makes these schools elite is that so few can attend. In the mythologies they construct, only those who are truly exceptional are admitted — precisely because they are not like everyone else…Schools often quite openly affirm the idea that, because you are better, you are not governed by the same dynamics as everyone else. They celebrate their astonishingly low acceptance rates and broadcast lists of notable alumni who have earned their places within the nation’s highest institutions, such as the Supreme Court.”

These narratives of privilege among the elite can have some pretty nasty implications. Khan cites research by economist Raj Chetty demonstrating that admission to an Ivy League school is rarely the result of educational aptitude, but rather extreme family wealth. He asserts that this class privilege, masked by notions of “exceptional qualities,” is tied to beliefs about special treatment among the elite. For example, Kavanaugh’s supporters argue that he deserves the Supreme Court nomination and accountability for actions he committed years ago doesn’t really apply to him. Khan illustrates further how this privilege also shaped Kavanaugh’s actions on Thursday:

“This collective agreement that accountability doesn’t apply to Kavanaugh (and, by extension, anybody in a similar position who was a youthful delinquent) may help explain why he seems to believe he can lie with impunity — a trend he continued Thursday, when he informed senators that he hadn’t seen the testimony of his accuser, Christine Blasey Ford, even though a committee aide told the Wall Street Journal he’d been watching.”

In short, Khan’s research demonstrates how class privilege has shaped Kavanaugh’s actions from the outset, and how this privilege is cemented by the institutions and social circles around him.

One sign, made to be displayed outside the Supreme Court as it hears arguments on DOMA and Prop 8, hearkens back to the days of arguments about interracial marriage, using a photo of Mildred and Richard Loving, who famously won their case, Loving v. Virginia, before the Supreme Court. Photo by Reed Probus via flickr.com.
One sign, made to be displayed outside the Supreme Court as it hears arguments on DOMA and Prop 8, hearkens back to the days of arguments about interracial marriage, using a photo of Mildred and Richard Loving, who famously won their case, Loving v. Virginia, before the Supreme Court. Photo by Reed Probus via flickr.com.

Last week, the Supreme Court began hearing arguments regarding California’s Proposition 8, a ballot initiative that became a constitutional amendment legally defining marriage as an institution solely for the benefit of one man and one woman. On March 26, Justice Anthony Kennedy suggested the Court might simply dismiss the case, Hollingsworth v. Perry, without a ruling, so as not to dive into “uncharted waters,” particularly when the Court is considering another, related case.

Minnesota Public Radio invited Kathleen Hull, a sociologist at the University of Minnesota, to discuss the Court’s apparent willingness to side-step the case. She cited the results of a new PEW study showing that the younger generation was about 75% in favor of legalizing same sex marriage. She confessed:

Increasingly I find it difficult to engage the 18-22 year-olds on the same-sex issue. They are bored by it… They don’t know what there is to talk about.

Hull told MPR that California’s law not only lags behind public attitudes, but also behind the business and entertainment worlds. She also refutes claims that there isn’t enough data to rule on the subject if it’s considered through the lens of child-rearing:

I was a little stunned when one of the justices said something to the effect of “yeah, we don’t have any information on this.” […] We have decades of research now on the effects of same-sex parenting on children and it is all kind of in the same direction: That there is no difference from being raised by heterosexuals.

In fact, there is such a great deal of research in this area that the American Sociological Association went on to file an amicus curiae (that is, a “Friend of the Court”) brief outlining the social scientific consensus around the quality of parenting across different family forms. Interestingly, Justice Scalia then went on the record stating that there is no such consensus; he appears to have taken his cue from another amicus brief coauthored by Mark Regenerus, who has stirred up controversy with his own findings that children of homosexual parents do not fare as well as those raised by heterosexual couples. Clearly, this fight isn’t over.