One of the satisfying aspects of compiling these stories each year is noticing their connections to past stories. Collectively, these “sexual” stories are critical to the societal narratives that are told and retold and sometimes sold to make sense of our lives. Below are some of the stories which struck us as worth retelling and analyzing…..Check out our lists for 2009, 2010, 2011, and 2012!
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10. Iowa court says it’s ok to fire women who are “irresistible”
This story is so ludicrous that it is difficult to believe that it is not out of The Onion. Nonetheless, it relies on 19th Century Victorian notions of femininity whereby women were viewed as responsible for controlling men’s sexual desires, and thus ensuing calls for modesty were viewed as minimizing the possibility of sexual attention from men. See below for a 2013 version of this Victorian mentality:
(CNN) – Melissa Nelson lost her bid Friday to have Iowa’s top court reverse its ruling that held the former dental assistant did not suffer gender bias when she was fired for being “irresistible.”
The Iowa Supreme Court stood by its December finding that Dr. James Knight was legally able to fire the assistant after his wife became concerned about the relationship between the two.
Knight’s conduct was not sex discrimination in violation of the Iowa Civil Rights Act, the court said.
The all-male court had previously ruled against Nelson, finding that employees who are seen as an “irresistible attraction” by their employers can be fired in such circumstances.
9. Susan B. Komen rejects money donated by exotic dancers
The Pink foundation has made our list for a second year in a row …. (remember last year, when they cut funding to Planned Parenthood due to anti-abortion politics within the foundation? But then they changed their mind?). This year they kept themselves under the public radar but still received some press when they refused money from a fundraiser held by exotic dancers. Their rationale? “Southern Nevada’s Executive Director Stephanie Kirby said it’s Susan G. Komen’s national policy to not partner with certain businesses, especially ones that may sexualize women.”
“It just doesn’t fall in line with who we are as an organization. There are too many survivors out there who no longer have the body part that is being displayed at a lot of these shows,” Kirby said.”
Meanwhile, the Komen Foundation also appears to be consistent in their distancing from sexualized breasts as they have no official partnership with the Save the Ta-Ta’s Foundation — a breast cancer research and for-profit organization which sells T-shirts like “Save a life; grope your wife.”
8. Teen girls criminalized for their consensual sexual relationships
In the state of Florida the age of sexual consent is 16. The problem is that the age of sexual exploration is much earlier than this. Given increased attention to the issue of child sexual abuse over the past couple of decades (a good thing), there have been many cases of older teenage partners now being defined as sex offenders, even if the relationship with consensual and non-violent (a bad thing). This is what appears to have happened to Kaitlyn Hunt, who was 18 when she entered into a sexual relationship with a girl four years her junior. The younger girl’s parents objected, and found that they could enforce their objections by law. Given the threat of going to prison and being a registered sex offender, Hunt chose a plea bargain, plead guilty to all charges and is now in jail. (Source: http://www.cnn.com/2013/10/02/justice/florida-gay-teen-kaitlyn-hunt-case/)
7. Russia instigates state-sponsored terrorism against sexual, ethnic, and artistic diversity (e.g.: gay people, labor migrants, and the punk rock band Pussy Riot).
In June of 2013, Putin signed into law an “anti-gay propaganda bill” which sought to punish individuals for “promoting” homosexuality. The law imposes fines for those members of society who “disseminate information at minors that are directed at forming nontraditional sexual setups” or which cause “distorted understandings” that gay and heterosexual relationships are “equivalent.” (see http://www.huffingtonpost.com/huff-wires/20130630/eu-russia-gay-rights/)
AmericaBlog reported on these events by stating that “Russian President Vladimir Putin signed into law … one of the most draconian anti-gay laws on the planet.” (right up there with Uganda: see # 6 below).
“The new law, coming only seven months before Russia is to host the Winter Olympics in Sochi, would ban anything considered pro-gay, from gay-affirmative speech, to gays holding hands in public, to even wearing rainbow suspenders. The law also contains a provision permitting the government to arrest and detain gay, or pro-gay, foreigners for up to 14 days before they would then be expelled from the country. That provision ought to send chills to anyone gay, lesbians, bisexual or transgender who is planning to attend or participate in the Winter Olympics.” (see: http://americablog.com/2013/07/russia-olympics-sochi-gay-law-putin.html)
The Russian media is also under fire by Putin: One Russian news media outlet is now under investigation for reporting on a gay teacher who was recently fired for being gay (he was said to teach that gay relationships are equivalent to heterosexual relationships). The news coverage did not report negatively (enough) about the gay teacher. (see http://www.advocate.com/news/world-news/2013/11/14/russian-newspaper-accused-violating-gay-propaganda-law)
While the Putin regime is also instigating crackdowns on ethnic minority labor migrants in Moscow, there is an increased movement to oppose Putin’s politics both inside and outside of Russia. The recently released members of the Punk band, Pussy Riot — imprisoned for two years as punishment for their anti-Putin demonstration in an Orthodox Russian Church — have promised to be part of this ongoing movement for greater sexual and social justice in Russia. See: http://www.ft.com/cms/s/0/927f4516-6f0c-11e3-bc9e-00144feabdc0.html#axzz2pBljprat
6. U.S. preacher behind Uganda “kill the gays” efforts will be tried for crimes against humanity
Since 2009 we have been following the story about the connection between US conservative evangelical preachers and the push by some lawmakers in Uganda for strident and violent anti-gay laws. See our first post on this here:
Despite widespread global opposition, a version of this bill passed on Dec. 20, 2013. However, the story continues to evolve with now Ugandan GLBT activists pushing for accountability for the U.S. religious leaders who stirred up this mess. In what is being called a “landmark decision” .. “a federal US judge (has) ruled that the case filed by a Ugandan LGBT advocacy group against American anti-gay evangelist Scott Lively, for his collaboration with religious and government officials in Uganda that lead to the introduction of the African nation’s “Kill the Gays” bill, will be allowed to proceed.”
“As reported in Gay Star News, Michael Ponsor, the US District Judge in Massachusetts, said “Widespread, systematic persecution of LGBTI people constitutes a crime against humanity that unquestionably violates international norms.” This marks the first ruling by a federal U.S. judge calling the persecution of LGBT persons a crime against humanity, possibly setting a precedent for the human rights of sexual minorities will be protected under international law.”
“The case against Lively stems from the evangelist’s 2009 lecture tour of Uganda, the theme of which according to its Ugandan organizer, was “the gay agenda – and the threat homosexuals posed to Bible-based values and the traditional African family.”
A 2010 article published in , The New York Times, wrote about on one of Lively’s speaking engagements in Uganda.”[T]housands of Ugandans, including police officers, teachers and national politicians,” reportedly attended the conference. Lively and his colleagues “discussed how to make gay people straight, how gay men often sodomized teenage boys and how ’the gay movement is an evil institution’ whose goal is ’to defeat the marriage-based society and replace it with a culture of sexual promiscuity.’” Lively wrote days later that “someone had likened their campaign to ’a nuclear bomb against the gay agenda in Uganda.’” (Source: http://www.edgeonthenet.com/?148277)
5. Regnerus’ anti-gay “study” condemned by the American Sociological Association
The past year showed us not just that U.S. based anti-gay pastors have influenced the laws of other countries (see #4 above), but that flawed empirical studies conducted by credentialed researchers can also inflict malicious impacts. The most striking example of this can be seen with the case of Mark Regnerus, who has a Ph.D. in sociology and is an Associate Professor at University of Texas, Austin. In the words of John Becker from The Huffington Post:
“The study was widely discredited for its flawed methodology, its wildly inaccurate conclusions and its alleged partiality. Nonetheless, it has been breathlessly touted by the anti-gay right as evidence justifying their opposition to equal marriage rights for same-sex couples. Many of the Supreme Court briefs filed by equality opponents rely on the Regnerus study, but the American Sociological Association — Regnerus’ own professional organization — has just demolished those arguments.”
Indeed, given its serious flaws combined with the intent by anti-gay activists to use it to justify anti-gay discrimination, leaders of the American Sociological Association have roundly condemned Regnerus’ study, including but not limited to the 42 page Supreme Court brief in support of overturning the Defense of Marriage Act (DOMA).
Fortunately, law makers in the U.S. are also listening to the reasoning of the ASA as well as human rights activists to nip in the bud any ongoing legal influence of the Regnerus study. On November 12, 2013, we saw this news from a Florida judge:
In today’s opinion, Orange County Circuit Judge Donald Grincewicz ruled that emails and documents possessed by University of Central Florida (UCF) related to the flawed study’s peer-review process must be turned over to John Becker, who sought the documents under Florida’s Public Records Act. UCF houses the journal Social Science Research, which published the Regnerus study, and the editor of the journal, UCF Professor James Wright, led the peer-review process for the research. Becker is represented by the Law Office of Andrea Flynn Mogensen, P.A., and Barrett, Chapman & Ruta, P.A; and the Human Rights Campaign Foundation funded the litigation. (Source: Human Rights Campaign press release found at http://joemygod.blogspot.com/2013/11/florida-judge-orders-ucf-to-release.html)
While Regnerus’ study has been discredited by experts and law makers in the United States, other law makers with malicious anti-gay intent have and will continue to grasp at any “evidence” which supports anti-gay messages. For example, in Russia (see #6 above) the Regnerus study was presented to the Russian legislature and may have played a role in supporting Russia’s recent move to outlaw non-heterosexuality. See: http://www.bilerico.com/2013/08/anti-gay_regnerus_study_to_russia_with_love.php
4. Transgender justice and visibility
In 2013, many tuned into U.S.-based media and saw several stories featuring transgender individuals and issues. Perhaps the most visible faces were Chelsea (formerly: Bradley) Manning — a U.S. solider who was incarcerated for releasing war-related documents to Wikileaks; and Laverne Cox, one of the stars of the Netflix series hit centered in a women’s prison, Orange is the New Black.
The media attention on the real life and fictional stories of Manning and Cox inspired a press release from the Sylvia Rivera Law Project on “the realties for transgender and gender non-conforming people in prison, jails, and detention centers:”
“A significant amount of media fascination with transgender people in prison is about accessing surgery and focusing on the criminalized act underlying an individual’s sentence. Not only do transgender people in prison have problems accessing healthcare, but they experience a heightened level of gender policing. The clothing they wear, their hairstyles and grooming practices, their bodies, mannerisms and identities are scrutinized and controlled by the state. Any deviance from norms can lead to violence at the hands of corrections officers or other people who are incarcerated. Legal “protections” are hard to access as there is little accountability on the inside. If one is brave enough to risk retaliation and file a grievance, they must follow up with that grievance and timely appeal any denials. It is not until those appeals (usually two) are denied that one can access the court system. Finding a lawyer or representing one’s self pro se (without a lawyer) is another difficult barrier that one must overcome, as SRLP’s report IT’S WAR IN HERE has documented.”
Beyond high rates of incarceration, trangender individuals also face an alarming rate of violence and harassment in the US and worldwide and this intersects with race, class, and other social locations. According to a recent report from the National Coalition of Anti-Violence Programs, in the U.S., LGBTQ people of color experience 1.8 times the violence of white LGBTQ individuals. 73% of all LGBTQ homicide victims are people of color. Transgender people are 3 times more likely to experience police violence than non-transgender individuals, with transgender women experiencing the highest rates.
In one legal step toward transgender rights, in August 2013, Jerry Brown signed into law AB1266 that offered the right for individuals “to participate in sex-segregated programs, activities and facilities” (including bathrooms) based on their gender identity rather than by birth sex. Predictably, conservative groups and religious individuals immediately rallied in protest, creating a new “war on privacy rights.” California Republicans support a referendum that is being prepared to overturn AB1266. While the law goes into effect on January 1, 2014 and the state plans to continue to issue same-sex marriage licenses, there could be enough signatures on Jan 8 against same-sex marriage to push the referendum process forward. We’ll be watching this case unfold in 2014.
3. The Papacy changes its guard
Despite the fact the the majority of the world is not Catholic, the Pope, as leader of the Worldwide Catholic Church, tends to have a lot of influence on sexual politics. (Recent church statistics indicate that 17.5% of the world’s population is Catholic). The Changing of Papal leadership was important in several ways, including the historic resignation of Pope Benedict XVI and the election of the left-leaning Pope Francis.
“Pope Francis faulted the Roman Catholic church for focusing too much on gays, abortion and contraception, saying the church has become “obsessed” with those issues to the detriment of its larger mission to be “home for all,” according to an extensive new interview published Thursday.
The church can share its views on homosexuality, abortion and other issues, but should not “interfere spiritually” with the lives of gays and lesbians, the Pope added in the interview, which was published in La Civilta Cattolica, a Rome-based Jesuit journal.
“We have to find a new balance, otherwise even the moral edifice of the church is likely to fall like a house of cards, losing the freshness and fragrance of the Gospel,” Francis said in the interview.
“The church has sometimes locked itself up in small things, in small-minded rules,” Francis said. “The people of God want pastors, not clergy acting like bureaucrats or government officials.” (source: http://www.huffingtonpost.com/2013/09/19/pope-francis-gay_n_3954776.html)
2. Utah finds itself in a pickle about its marriage politics.
Utah, a state founded by members of the Church of Latter Day Saints (Mormon) church, has long been a bit of an outsider compared to the rest of the nation; indeed it was only after leaders defined marriage as being between one man and one woman that it was accepted into statehood. This was after a long history of plural marriages:
In 1852 church leaders publicized the previously secret practice of plural marriage, a form of polygamy. Over the next 50 years many Mormons (between 20% and 30% of Mormon families) entered into plural marriages as a religious duty, with the number of plural marriages reaching a peak around 1860, and then declining through the rest of the century. (source: http://en.wikipedia.org/wiki/Mormons)
Given the need for the Mormon church to divorce itself from plural marriages it is likely that for Mormon leaders, the moral mantra of monogamous heterosexual marriage is likely undergirded by an ongoing quest for mainstream assimilation. Indeed the success of Proposition 8, the anti-gay marriage ballot proposition in the 2008 California elections, can largely be connected to money from the Mormon Church, which is headquartered in Salt Lake City Utah. (See, for example the documentary 8: the Mormon Proposition.)
Thus, when in December, a federal judge struck down Utah’s anti-polygamy stance on the grounds that one cannot “prohibit cohabitation” mainstream Mormon religious leaders were not happy. The challenge to the law was brought by the Reality TV star Kody Brown who stars along with his four female partners (and 17 children) in the reality TV show “Sister Wives.” The Brown family successfully argued that the Utah cohabitation law violated their rights to privacy and to religious freedom.
Ironically, during the same month, Federal Officials also shot down Utah’s discrimination against same-sex marriage — thus striking down the original requirement by the Feds a century and a half earlier that Utah define marriage as a dyad between one man and one woman. U.S. District Court Judge Robert Shelby stated that the law to ban same-sex marriage conflicted with the U.S. Constitution which guarantees equal protection and due process. Thus even though 2/3 of the voters voted to ban same-sex marriage on a ballot in 2004, in 2013 Utah became the 18th state in the United States (17 states and the District of Columbia) that allows same-sex couples to be legally married.
While same-sex couples flooded the county clerk’s office seeking to be married, movements to reverse both legal the Utah polygamy and same sex marriage decisions are underway. We’ll be following both stories as they progress in 2014.
1. Two victories for sex workers’ rights: Decriminalization of Prostitution in Canada, and the repeal of the Anti-Prostitution Pledge
The movement for decriminalization of prostitution (much like that of moves historically and currently against criminalization of homosexuality) — arises out of the work of a range of global human rights activists. And after years of work by Canadian activists, on December 20, 2013 prostitution was decriminalized in Canada.
“The Supreme Court of Canada has struck down the country’s major prostitution laws, saying that bans on street soliciting, brothels and people living off the avails of prostitution create severe dangers for vulnerable women and therefore violate Canadians’ basic values.
Chief Justice Beverley McLachlin, writing for a unanimous court, stressed that the ruling is not about whether prostitution should be legal or not, but about whether Parliament’s means of controlling it infringe the constitutional rights of prostitutes.” (source: http://www.theglobeandmail.com/news/national/supreme-court-rules-on-prostitution-laws/article16067485/)
This ruling comes on the heels of an important statement stemming from the United Nations in 2012 calling for decriminalization of prostitution in Asia. (See: http://www.voanews.com/content/un-reports-calls-for-decriminalization-of-prostitution-in-asia/1529473.html)
In a similar spirit, in June of 2013, the U.S. Supreme Court ruled against the Anti-Prostituion Pledge, stating that “it is a violation of the First Amendment for the federal government to force groups to endorse the government’s views opposing prostitution in order to receive funding to combat AIDS overseas.” (Source: http://apps.washingtonpost.com/g/page/politics/read-supreme-court-strikes-down-required-anti-prostitution-pledge-for-hiv-and-aids-workers/243/). Finally! A brief breath of relief from global health workers and sex worker activists across the globe — but more work needs to be done as this ruling still only protects US-based organizations.
Happy New Year from Sexuality & Society! Thanks to all the activists, scholars, and practitioners working towards sexual and social justice. May 2014 be filled with stories of hope and justice.