gender

The Canadian Senate recently passed an amendment that excludes transgender people from using public restrooms of their choice. Transgender rights are facing similar challenges domestically, as Florida, Texas, Kentucky, and Minnesota consider bills that would limit or restrict the use of restrooms based on one’s sex assigned at birth. Additionally, Missouri State Rep. Jeff Pogue is pushing to ban gender-neutral bathrooms. As trans activists take to Twitter, sharing powerful photographs of themselves in bathrooms that do not fit their gender identity, some may be wondering: when did the loo become so political?

Gender policing is by no means new; in fact, regulating and upholding the gender binary has long been key to social and legal organization. Upon meeting someone new, it is common to make assumptions about their gender based on their body and presentation.
Assumptions about gender vary based on context. Whereas gender identity and presentation may be used as criteria for gender-integrated social spaces, biological sex and genital appearance is emphasized in sexualized situations (e.g. dating) and gender-segregated spaces (e.g. bathrooms). Culturally held beliefs that men are dangerous and women are vulnerable exacerbate the policing of women’s only spaces like restrooms, while gender nonconformity may create ‘gender panics’ for nontransgender people.
The policing of gendered bathrooms can include anything from strange looks and verbal challenges to interpersonal violence and arrest. As a result, transgender and gender nonconforming people may avoid public restrooms or alter their presentation substantially to avoid harassment and conflicts.
Legislation that seeks to regulate bathroom use must first venture down the slippery slope of legally defining sex. This is no small task. In the absence of any federal definition of sex, dozens of judicial gender determination cases demonstrate the variety of factors courts use to determine gender, including personal identity, physical presentation, medical history, and genital appearance and function.

The U.S. Supreme Court recently heard arguments in Young v. United Parcel Service. The outcome will affect many American women’s ability to financially support their families and even have children.

Pregnancy discrimination, while widely illegal, happens when some employers illegally terminate their female workers. They are not explicitly fired for being pregnant, but instead branded “bad workers” by managers. The organizations then use run-of-the-mill meritocratic policies to fire the women.

Reginald A. Byron and Vincent J. Roscigno. 2014. “Relational Power, Legitimation, and Pregnancy Discrimination,” Gender & Society 28(3):435–62.

Pregnancy is a particularly vulnerable time for women; it holds health, legal, and employment risks. A systematic examination of arrests of and forced interventions in the lives of pregnant women in the U.S. shows a variety of concerns about their health, dignity, and autonomy.

Lynn M. Paltrow and Jeanne Flavin. 2013. “Arrests of and Forced Interventions on Pregnant Women in the United States, 1973–2005: Implications for Women’s Legal Status and Public Health,” Journal of Health Politics, Policy and Law.

A variety of laws and their sometimes-selective enforcement affect women’s ability to be healthy and valued members of society.

Jeanne Flavin. 2009. Our Bodies, Our Crimes: The Policing of Women’s Reproduction in America. New York: NYU Press.

Beyond pregnancy discrimination, mothers are paid less than childless women. A portion of this motherhood wage penalty is due to discrimination.

Stephen Benard and Shelley J. Correll. 2010. “Normative Discrimination and the Motherhood Penalty,” Gender & Society 24(5):616–46.

A new survey from the Pew forum sheds light on widespread online harassment. Young adults in the study reported experiencing more bullying overall, and women were more likely to have been stalked or sexually harassed. These are serious crimes, but routine harassment also isn’t harmless. A new viral video and recent piece from The Daily Show capture women’s everyday experiences with street harassment and catcalling in public. These accounts bring bullying back to light, and social science research shows how and why harassment emerges. 

Bullying isn’t just meaningless cruelty; it is one way groups enforce social norms (especially around gender and race). Challenging harassment often means criticizing society’s deeply held beliefs.
Bullying and harassment are also advanced through social organization. Bullying can emerge when an organization is in chaos and can’t moderate unequal relationships around race and gender, and our legal protection of free speech often makes anti-harassment efforts hard to enforce.

Microsoft CEO Satya Nadella has been harshly criticized for his remarks that women should trust in the system to give them the right raises as they go along, rather than asking for raises they feel they deserve.  While he later “clarified” his statement on Twitter saying that he meant to say that the tech industry must close the gender pay gap so asking for a raise is not needed, research shows why sociologists are skeptical of his arguments.

The gender pay gap is well documented, and it exists even when controlling for a variety of factors related to wages, such as occupation, work hours, and educational attainment.
Occupations with lots of female employees also tend to be paid less favorably than those requiring similar skills but largely done by men.
Mothers tend to be particularly disadvantaged in terms of salary compared to childless women or to men.
Women can also face penalties for asking for a raise, even if they deserve it, if they don’t frame their request in a way that still conforms to gender norms.

For more on women in the workforce, check out these previous TROT posts and briefs from SSN.

With more video evidence released of Ray Rice assaulting his fiancée (now wife), Janay Palmer, in a New Jersey Casino elevator, the media has been buzzing over Rice’s release from the Baltimore Ravens and indefinite suspension from participation in the NFL. Rice was originally suspended for two games, but the public felt this punishment didn’t fit the crime, especially since other players had been suspended entire seasons for smoking marijuana. After the backlash over the disproportionate sentencing handed out by league President Roger Goodell and the NFL, the league altered its policies towards domestic assault conduct. From Michael Vick’s dogfighting scandal to the relatively recent Aaron Hernandez debacle, the NFL has been under heavy scrutiny over the conduct of its players. How do these big organizations handle such scandals?

Comparisons of arrest rates in the NFL and the general population show that players often have lower rates that the national average for all offenses, including domestic violence. The “NFL criminality myth” is perpetuated when sport is interpreted through a “white lens,” and parallels that of general stereotypes about blacks as crime prone.
Within the NFL, arrests for domestic violence are higher than any other crime, unlike the general population where arrests are higher for other offenses. Few players are successfully prosecuted in the courts for domestic assault, though, and they rarely face sanctions on their eligibility to play.
There is widespread agreement among the general population about which crimes are severe, and what constitutes a just punishment for those crimes (although demographics and victim/offender characteristics modify these effects slightly).  The original punishment handed down to Ray Rice did not fit into our collective conceptions of morality and justice, and public outrage is one symptom of that mismatch.
Sociologists know that when an organization’s reputation and integrity is threatened, they often attempt to fix things by distancing themselves from the problem or the perpetrator (disassociation), and/or implementing policies that attempt corrective action. Sometimes these actions are just symbolic gestures, but sometimes they also show real institutional change. In this case the NFL seems to be following the script!

In the wake of protests responding to the killing of Michael Brown by police in Ferguson, Missouri, sociologists began building a large body of resources to explain how these events fit into a broader pattern of racial bias in the United States’ criminal justice system. Sociologists for Justice has both a public statement on the matter and a syllabus on source material related to racialized policing. Sociology Toolbox has recent data on racial disparities and militarized police departments in Ferguson and nationwide. In addition to the conversation about racial injustice, Ferguson also calls into question our assumptions about how to maintain public safety.

Policing in communities of color presents a paradox. The state offers very little attention for social services, but also embeds itself in residents’ everyday lives through strong policing practices.
While there isn’t much research on the effectiveness of policing tactics, we do know that a militaristic approach which maximizes coercion does little to make a community feel safer. In fact, this approach may actually increase future crime and conflict as community members start to resist coercion.
In addition to racial bias in policing, there is also a gendered dimension to military tactics. Precincts develop a sense of male solidarity through military scorn of feminine traits, and even manufacturers of nonlethal police weapons appeal to these masculine sensibilities to sell their products.  

The recent Hobby Lobby, and subsequent Wheaton College, Supreme Court rulings that exclude organizations with “sincere religious objections” from the Affordable Care Act’s birth control mandate have raised a plethora of fears and heated commentary about access to birth control, women’s rights, and the slippery slope of religious exemption. Sociological research, however, suggests that this ruling’s infringement on access to reproductive services and women’s rights is far from straightforward.

The language of birth control mandates varies by state, and the more ambiguously worded the mandate, the less likely there is to be a challenge. Instead, it is the more precisely worded statutes that have prompted court cases, as they allow for less interpretation and compromise.
The moral framing of religious exemption cases is key to making them effective. When actors frame an issue in moral terms, as opposed to scientific or technical, their arguments are usually too divisive to be completely adopted, however, they are often able to thwart their opponents by defining an issue in ways that make it difficult for legislators to support progressive causes.
A woman’s access to birth control is not only influenced by her insurance policy or the religion of her employer. Race, class, and cultural understandings of what it means to be a “responsible reproductive subject” all play a role in why women seek reproductive services such as birth control, infertility treatment, and abortion, as well as which services they are more likely to have access to.

For more on the Hobby Lobby decision and the history of birth control in the U.S., check out these great pieces by fellow sociology bloggers families as they really are and Girl w/ Pen.

Last week the Church of Jesus Christ of Latter-day Saints drew media attention for the public excommunication of Kate Kelly, a prominent member of the church working for the ordination of women. Women are not permitted to hold the priesthood in the LDS church, meaning that they do not have the authority to act in god’s name, nor can they lead congregations or perform particular sacraments. This is not the first instance of high profile excommunications from the church—in September 1993, six Mormon professors and feminists were excommunicated after church court trials in Utah. These progressive scholars, coined the “September Six” by news media, had published research contradicting official church history, or publicly advocated a feminist position. Al Jazeera interviewed Professor Jan Shipps on the issue, who said this was one instance of the church practicing “boundary maintenance,” but how do these scandals help keep the church together?

Mormonism didn’t necessarily always exclude women from high-profile involvement with the church. Instead, the development of formal institutions and bureaucracies tended to erase historical arrangements where women had a more equal role to male priests.
Excommunicating individuals who speak out for these alternative perspectives seems extreme, but it fits a pattern we often find in organizations. Sociology shows us how punishments for individuals—like excommunications, expulsions, or other public shaming—quickly turn into an “institutional morality tale” about how the group works.

 

Allegra Smith is a master’s student in rhetoric and writing at Michigan State University. Her research interests include digital communities, queer and feminist rhetorics, women in world religions, and pornography and sexuality.

Eric Shinseki resigned last Friday as head of the Department of Veterans Affairs, stating that “the VA needs new leadership”. This comes in the wake of scheduling issues at VA medical centers leading to extended delays for veterans’ healthcare—issues he now recognizes as a “systemic lack of integrity” involving a widespread cover-up. According to a new VA audit report prompted by a series of CNN investigationsdeadly delays in care were being suppressed by clinics driven to meet performance targets. The VA report concluded that the 14-day wait time performance target was “simply not attainable,” and it called for a “long-term, comprehensive reset” of the broken system. While  Shinseki acknowledges these problems, how reasonable is it to expect his successor to fix them? Research shows that scheduling issues are only one barrier among many to veterans’ accessing care.

When predicting which people will seek care, sociologists take into account patients’ prior experiences with the system such as health outcomes and customer satisfaction. Poor service doesn’t just hurt the veterans who seek care—it may keep them from seeking care in the first place!
Some veterans are eligible for both Medicaid and VA services. The largest group of these vets relies on Medicaid rather than VA care or a combination of the two.
Issues with gender in the military also have an effect. Female veterans have less access to VA healthcare relative to males, with 19% of women reporting delayed health care or unmet needs. Knowledge gaps about VA care, perceptions that providers are not gender-sensitive, and a history of military sexual assault predicted women’s likelihood to delay or forgo treatment.

 

Last Friday—in another chapter of a tragic pattern—22-year-old Elliot Rodger killed six people and wounded more in Isla Vista, California. Rodger also left a manifesto on YouTube in which he laid out his plan to take revenge on women who “shunned him.” The video sparked national conversation over the weekend, including the twitter hashtag #YesAllWomen to share stories of daily gendered and sexual harassment women face. Mass shootings are rare, but the culture that creates them is not. Researchers find strong elements of masculine gender performance in many of these acts—with young men attempting to assert power through violence.

The kind of attack carried out by Rodger closely matches researchers’ profile of other shooters—a clear, sustained pattern of challenges to their masculine identities. They do not just “snap,” but are shaped over time by the way our society polices gender.
Feelings that lost masculinity can only be reclaimed through violence are tied to a broader pattern of threats against women. While there have been declines in violence against women and other crime over the past generation, violence against women remains an enormous problem in the United States and around the world.

For more on the sociology of mass violence, check out this TSP Roundtable.