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Goodbye to All That. Again.

(Link thanks to Mark Dilley 2005-10-28.)

Hey, look, it’s another male Leftist pissing all over other social justice movements in order to demand attention for his pet cause!

Despite the vicious resistance of employers to unionizing, organizing is not only vital to the growth of unions but is imperative to their very survival. If unions do not wish to be some oddity studied in political science textbooks, unionists must be sent to every American workplace. Sad to say, not only is the future of American unions at stake but also the viability of American progressivism. Political discourse in this nation centers on social issues such as abortion and gay marriage, and there is a real paucity of debate on matters that actually impact the daily lives of Americans, such as the stunning loss of manufacturing jobs.

— Ephraim Harel, The Retriever (University of Maryland Baltimore County): Labor Unions in contemporary America: Down but not out

Meanwhile, in the daily lives of half the American population:

  • Half of all pregnancies to American women are unintended; half of these end in abortion.

  • In 2002, 1.29 million abortions occurred.

  • At current rates, about one in three American women will have had an abortion by the time she reaches age 45.

— Alan Guttmacher Institute: An Overview of Abortion in the United States

Now, it may very well be true that abortion has never actually impacted on Ephraim Harel’s daily life; but generalizing from his own case as a white male college student to a sweeping statement about what matters, and what doesn’t matter, to the daily lives of 260,000,000 men and women seems (even if he is doing it on behalf of his working-class brethren) more than a little arrogant, or more than a little thoughtless. Also, unfortunately, more than a little typical. I picked this quote out because I noticed it most recently, but the idea that abortion (just to take an example) is a merely cultural issue that doesn’t affect the material lives of ordinary Americans — and so ought to be played down, side-stepped, or ignored — has become all too popular in some segments of the Progressive movement. (Hello, Kos.) It might just lead you to wonder who male Progressives think of as ordinary, and what they think that culture is made of, if not of people’s daily lives. It might also leave you with the lingering impression that women’s daily lives just don’t matter very much to some male Leftists.

In point of fact, Harel’s article is atypically sensible compared to most of the rest: he, at least, has got something in mind — aggressive labor organizing — that really could have an immediate impact for the better on the daily lives of a lot of women and men; and that really does — unlike, say, the electoral prospects of the Democratic Party, or Social Security (!), or government education (!!) — really get seriously neglected in the discussion by a lot of the educated-professional Progressive Left. He’s perfectly right to call them to task for neglecting unionism; he’s perfectly right to call for large-scale, uncompromising and daring union organizing; and he’s perfectly right to bag on the union bosses of the AFL-CIO for acting as if they were running a PAC rather than an organized labor federation. (He’s wrong to suggest that the then-feared, now-accomplished split between union bosses is any kind of blow to the labor movement — solidarity comes from the bottom up; bureaucratic unity from the top down is just another corporate merger. But that’s another issue for another day.) Plenty of the things he says are worth saying, and not insisted on enough. But they are not worth insisting on at the expense of women’s struggle for control over their own bodies and their own lives. It’s long past time we said goodbye to all that.

It seems obvious that a legitimate revolution must be led by, made by those who have been most oppressed: black, brown, and white women–with men relating to that as best they can. A genuine Left doesn’t consider anyone’s suffering irrelevant, or titillating …

— Robin Morgan (1970), Goodbye to All That ¶ 4

You can let Mr. Harel know what you think at ehare1@umbc.edu.

Further reading

Well, it’s an honor just to be nominated.

(I owe the link to Broadsheet 2005-10-27.)

We can start with the headline:

Bush Is Not Expected to Feel Need to Pick Woman Again

And it gets better: another bunch of anonymous professional blowhards, informing us that Bush, having gotten that whole woman thing over with by tossing an ill-considered and ineffective nomination to someone with two X chromosomes, can now get to the important stuff. You know, the politics:

WASHINGTON, Oct. 27 – In choosing a replacement for Harriet E. Miers, President Bush may feel less of a need to select a woman to fill the seat of Justice Sandra Day O’Connor, several lawyers and analysts said Thursday.

The lawyers and analysts, all of whom have been involved in directly or indirectly counseling the White House about Supreme Court selections, also said that because of Mr. Bush’s desire to move quickly, he would probably choose from the roster of candidates whom he has considered before and whose backgrounds and records have been extensively researched.

The consensus among the handful of people who spoke about Mr. Bush’s situation was that in addition to deciding whether he had the leeway to replace Justice O’Connor with a man, Mr. Bush will have to deal with other more pressing political questions in making his selection.

And not a moment too soon. After all, who would want to get hung up on something non-political, like the gender makeup of the most powerful courts? You might as well try to have a political discussion about housework or childcare! What ever would all the analysts and lawyers assert their expertise and insider information on then?

It’s dead.

(Thanks, Vanessa at feministing [2005-10-07].)

In Indiana, state Senator Pat Miller has decided to withdraw a bill that would have required government parenting licenses for people who want to conceive through artificial means.

Senator Patricia Miller of Indianapolis says the issue has become more complex than she thought. So she is withdrawing it from consideration.

Actually, the issue is not complex at all. This is complex:

Sec. 5. (a) A petition to establish parentage may be filed by an intended parent.

(b) The intended parents must be married to each other, and both spouses must be parties to the action to establish parentage.

(c) An unmarried person may not be an intended parent.

Sec. 6. (a) A petition to establish parentage must be filed in triplicate.

(b) The original copy of a petition to establish parentage must be verified by the oath or affirmation of each petitioner.

Sec. 7. (a) A petition to establish parentage must be made under oath and specify the following:

(1) The:

(A) name, age, and place of residence of each petitioner; and

(B) place and date of marriage of the petitioners.

(2) The name and place or residence, if known, of the donor or donors.

(3) The name and address of the agency that performed the assessment under section 12 of this chapter.

(4) The name and address of the physician who performed the medical procedure that resulted in the pregnancy of the child who is subject to the parentage action.

(5) The type of assisted reproduction procedure that was used.

(6) Whether a petitioner has been convicted of:

(A) a felony; or

(B) a misdemeanor relating to the health and safety of children;

and, if so, the date and description of the conviction.

(7) Additional information consistent with the purpose and provisions of this chapter that is considered relevant to the proceedings.

(b) The following documents must be attached to the petition to establish parentage:

(1) The consent of the petitioners required under section 13 of this chapter to the medical procedure that resulted in the pregnancy for the child who is the subject to the parentage action.

(2) The consent of each donor, if known, to the use of the donation for the assisted reproduction medical procedure.

(3) The certificate of satisfactory completion of the assessment required under section 12 of this chapter.

(4) The certificate of the physician required under section 14 of this chapter. …

Sec. 11. … (b) A physician may not commence an assisted reproduction technology procedure that may result in a child being born until the intended parents of the child have received a certificate of satisfactory completion of the assessment required under section 12 of this chapter. …

Sec. 12. (a) Before intended parents may commence assisted reproduction, the intended parents shall obtain an assessment from a licensed child placing agency in the intended parents’ state of residence.

(b) The assessment must follow the normal practice for assessments in a domestic infant adoption procedure and must include the following information:

(1) The intended parents’ purpose for the assisted reproduction.

(2) The fertility history of the intended parents, including the pregnancy history and response to pregnancy losses of the woman.

(3) An acknowledgment by the intended parents that the child may not be the biological child of at least one (1) of the intended parents depending on the type of artificial reproduction procedure used.

(4) A list of the intended parents’ family and friend support system.

(5) A plan for sharing any known genetic information with the child.

(6) Personal information about each intended parent, including the following:

(A) Family of origin.

(B) Values.

(C) Relationships.

(D) Education.

(E) Employment and income.

(F) Hobbies and talents.

(G) Physical description, including the general health of the individual.

(H) Birth verification.

(I) Personality description, including the strengths and weaknesses of each intended parent.

(7) Description of any children residing in the intended parents’ home.

(8) A verification and evaluation of the intended parents’ marital relationship, including:

(A) the shared values and interests between the individuals;

(B) the manner in which conflict between the individuals is resolved; and

(C) a history of the intended parents’ relationship.

(9) Documentation of the dissolution of any prior marriage and an assessment of the impact of the prior marriage on the intended parents’ relationship.

(10) A description of the family lifestyle of the intended parents, include a description of individual participation in faith-based or church activities, hobbies, and other interests.

(11) The intended parents’ child rearing expectations and values.

(12) A description of the home and community, including verification of the safety and security of the home.

(13) Child care plans.

(14) Statement of the assets, liabilities, investments, and ability of the intended parents to manage finances, including the most recently filed tax forms.

(15) A review of the local police records, the state and violent offender directory, and a criminal history check as set forth in subsection (c).

(16) A letter of reference by a friend or family member.

(17) A written consent from each donor, if known, to use of the donation in the assisted reproduction medical procedure.

(18) The recommendation for participation in assisted reproduction.

… (f) After completing the assessment described in this section, and if the child placing agency approves the intended parents to commence the assisted reproduction procedure, the agency shall issue a certificate that the intended parents have satisfactorily completed the assessment and are ready to commence assisted reproduction.

(g) A certificate issued under subsection (f) is valid for two (2) years.

(h) A physician may rely upon a certificate issued under this section to commence assisted reproduction with an intended parent.

(i) A certificate issued under subsection (f) must be filed with the petition to establish parentage.

… Sec. 14.(a) After a viable pregnancy has been achieved by artificial reproduction, the physician who performed the artificial reproduction procedure shall issue a certificate to the intended parents stating:

(1) the child was conceived under the care of the physician;

(2) the type of artificial reproduction procedure that was used;

(3) whether the donor is known or anonymous; and

(4) whether the physician is aware of any compensation being paid to the donor.

(b) The certificate must be:

(1) on the physician’s letterhead stationary; and

(2) notarized.

(c) The certificate required under this section shall be filed with the petition to establish parentage.

(d) form by x agency?

Sec. 15. (a) If the court finds that:

(1) the petition to establish parentage satisfies the requirements of this chapter;

(2) the certificate from a licensed child placing agency required under section 12 of this chapter has been filed and meets the requirements of this chapter;

(3) the certificate by the physician required under section 14 of this chapter has been filed and meets the requirements of this chapter; and

(4) the consent required under section 13 of this chapter has been obtained; the court shall grant the petition to establish parentage and enter a decree establishing parentage without a hearing or further court action unless the court finds by clear and convincing evidence that granting the petition is not in the best interests of the child.

(b) The court may deny the petition to establish parentage if a petitioner has been convicted of a crime described in section 7(a)(5). …

Sec. 17. (a) If the court dismisses a petition to establish parentage, the court shall determine the person who should have custody of the child. …

Sec. 20. (a) An intended parent who knowingly or intentionally participates in an artificial reproduction procedure without establishing parentage under section 15 of this chapter commits unauthorized artificial reproduction, a Class B misdemeanor.

… but the issue is simple. Our bodies are not public property; reproductive totalitarianism is wrong; the State has no business imposing a ridiculous set of requirements like that on anybody. And movement conservatives’ idea of limited government and ordered freedom is a government that limits and your freedom to take orders from it.

Good thing they lost this one.

Small-government conservatives

Everything old is new again.

Here’s how principled conservatives in the Indiana state legislature propose to follow through on the Republican promise of making the government accountable to the people, not the people to the government: a suggested law to require government parenting licenses for people who want to conceive through artificial insemination. Queahs and single hussies need not apply:

Sec. 5. (a) A petition to establish parentage may be filed by an intended parent.

(b) The intended parents must be married to each other, and both spouses must be parties to the action to establish parentage.

(c) An unmarried person may not be an intended parent.

And nothing says small government like government-controlled reproduction and piles of bureaucratic paperwork to manage it all!

Sec. 6. (a) A petition to establish parentage must be filed in triplicate.

(b) The original copy of a petition to establish parentage must be verified by the oath or affirmation of each petitioner.

Sec. 7. (a) A petition to establish parentage must be made under oath and specify the following:

(1) The:

(A) name, age, and place of residence of each petitioner; and

(B) place and date of marriage of the petitioners.

(2) The name and place or residence, if known, of the donor or donors.

(3) The name and address of the agency that performed the assessment under section 12 of this chapter.

(4) The name and address of the physician who performed the medical procedure that resulted in the pregnancy of the child who is subject to the parentage action.

(5) The type of assisted reproduction procedure that was used.

(6) Whether a petitioner has been convicted of:

(A) a felony; or

(B) a misdemeanor relating to the health and safety of children;

and, if so, the date and description of the conviction.

(7) Additional information consistent with the purpose and provisions of this chapter that is considered relevant to the proceedings.

(b) The following documents must be attached to the petition to establish parentage:

(1) The consent of the petitioners required under section 13 of this chapter to the medical procedure that resulted in the pregnancy for the child who is the subject to the parentage action.

(2) The consent of each donor, if known, to the use of the donation for the assisted reproduction medical procedure.

(3) The certificate of satisfactory completion of the assessment required under section 12 of this chapter.

(4) The certificate of the physician required under section 14 of this chapter. …

Sec. 11. … (b) A physician may not commence an assisted reproduction technology procedure that may result in a child being born until the intended parents of the child have received a certificate of satisfactory completion of the assessment required under section 12 of this chapter. …

Sec. 12. (a) Before intended parents may commence assisted reproduction, the intended parents shall obtain an assessment from a licensed child placing agency in the intended parents’ state of residence.

(b) The assessment must follow the normal practice for assessments in a domestic infant adoption procedure and must include the following information:

(1) The intended parents’ purpose for the assisted reproduction.

(2) The fertility history of the intended parents, including the pregnancy history and response to pregnancy losses of the woman.

(3) An acknowledgment by the intended parents that the child may not be the biological child of at least one (1) of the intended parents depending on the type of artificial reproduction procedure used.

(4) A list of the intended parents’ family and friend support system.

(5) A plan for sharing any known genetic information with the child.

(6) Personal information about each intended parent, including the following:

(A) Family of origin.

(B) Values.

(C) Relationships.

(D) Education.

(E) Employment and income.

(F) Hobbies and talents.

(G) Physical description, including the general health of the individual.

(H) Birth verification.

(I) Personality description, including the strengths and weaknesses of each intended parent.

(7) Description of any children residing in the intended parents’ home.

(8) A verification and evaluation of the intended parents’ marital relationship, including:

(A) the shared values and interests between the individuals;

(B) the manner in which conflict between the individuals is resolved; and

(C) a history of the intended parents’ relationship.

(9) Documentation of the dissolution of any prior marriage and an assessment of the impact of the prior marriage on the intended parents’ relationship.

(10) A description of the family lifestyle of the intended parents, include a description of individual participation in faith-based or church activities, hobbies, and other interests.

(11) The intended parents’ child rearing expectations and values.

(12) A description of the home and community, including verification of the safety and security of the home.

(13) Child care plans.

(14) Statement of the assets, liabilities, investments, and ability of the intended parents to manage finances, including the most recently filed tax forms.

(15) A review of the local police records, the state and violent offender directory, and a criminal history check as set forth in subsection (c).

(16) A letter of reference by a friend or family member.

(17) A written consent from each donor, if known, to use of the donation in the assisted reproduction medical procedure.

(18) The recommendation for participation in assisted reproduction.

… (f) After completing the assessment described in this section, and if the child placing agency approves the intended parents to commence the assisted reproduction procedure, the agency shall issue a certificate that the intended parents have satisfactorily completed the assessment and are ready to commence assisted reproduction.

(g) A certificate issued under subsection (f) is valid for two (2) years.

(h) A physician may rely upon a certificate issued under this section to commence assisted reproduction with an intended parent.

(i) A certificate issued under subsection (f) must be filed with the petition to establish parentage.

… Sec. 14.(a) After a viable pregnancy has been achieved by artificial reproduction, the physician who performed the artificial reproduction procedure shall issue a certificate to the intended parents stating:

(1) the child was conceived under the care of the physician;

(2) the type of artificial reproduction procedure that was used;

(3) whether the donor is known or anonymous; and

(4) whether the physician is aware of any compensation being paid to the donor.

(b) The certificate must be:

(1) on the physician’s letterhead stationary; and

(2) notarized.

(c) The certificate required under this section shall be filed with the petition to establish parentage.

(d) form by x agency?

Sec. 15. (a) If the court finds that:

(1) the petition to establish parentage satisfies the requirements of this chapter;

(2) the certificate from a licensed child placing agency required under section 12 of this chapter has been filed and meets the requirements of this chapter;

(3) the certificate by the physician required under section 14 of this chapter has been filed and meets the requirements of this chapter; and

(4) the consent required under section 13 of this chapter has been obtained; the court shall grant the petition to establish parentage and enter a decree establishing parentage without a hearing or further court action unless the court finds by clear and convincing evidence that granting the petition is not in the best interests of the child.

(b) The court may deny the petition to establish parentage if a petitioner has been convicted of a crime described in section 7(a)(5). …

Of course, covenants without the sword are but breath:

Sec. 17. (a) If the court dismisses a petition to establish parentage, the court shall determine the person who should have custody of the child. …

Sec. 20. (a) An intended parent who knowingly or intentionally participates in an artificial reproduction procedure without establishing parentage under section 15 of this chapter commits unauthorized artificial reproduction, a Class B misdemeanor.

You can read the whole damn thing, if you’re into that sort of thing.

The proposed bill is the work of State Senator Pat Miller (R-Indianapolis). Here’s what she had to say on its behalf:

Miller said the state often reacts to problems and she instead wants to be proactive on this issue.

We’re not trying to stop people from having kids; we’re just trying to find some guidelines, she said.

She did concede it would stop single people from using methods other than sexual intercourse but said all the studies indicate the best environment for a child is to have a two-parent family — a mother and a father.

Meanwhile, her Republican colleagues recoil in horror at the existence of an unregulated industry:

Sen. Gary Dillon, R-Pierceton, is a member on the commission and said parts of the legislation have valid points. He does have some reservations about limiting the reproductive rights of single people [that’s awful big of him -RG] but quoted the same studies as Miller about the health of a child in two-parent homes.

There’s a concern that there’s no regulation over this whole industry, he said.

You can let Senator Miller know what you think at:

Senator Patricia Miller
(317) 232-9400
(800) 382-9467

Let’s kill this thing dead.

Update (2005-10-10): It’s dead. Huzzah!

Meanwhile, I’m just waiting with baited breath for some federalist libertarian to come along and tell me how the real evil would be for the federal courts to strike this down on the obvious privacy grounds. Because, you know, it’s not so bad, as long as a state is doing it.

Further reading

Andrea Dworkin Was Right #5

I’m a bit late to this party, and Jill at Feministe (2005-09-29) does a fine job of taking on the substantial claims made in Judge Posner’s latest contribution at Econo-Creep Central. So instead of a warmed-over version of Jill’s critique, I’d just like to point out how Posner begins–by drawing on a textbook example of a Backlash trend story that recently made Page One of the New York Times:

An article in the New York Times of September 20 by Louise Story, entitled “Many Women at Elite Colleges Set Career Path to Motherhood,” reports the results of surveys and interviews concerning career plans of women at the nation’s most prestigious colleges, law schools, and business schools. Although not rigorously empirical, the article confirms–what everyone associated with such institutions has long known–that a vastly higher percentage of female than of male students will drop out of the work force to take care of their children.

Now, in fact, the not rigorously empirical article is a weasel-worded, anecdotal retread of the Times‘ old standby, the evidentially-empty, vaguely quantified Backlash “mommy crisis” trend story. In fact the story could just as well have been copied from a nearly identical Page One piece from 25 years ago; neither story is anything more than a grab-bag of sexist presuppositions, misrepresented anecdotes, and vague hand-waving at the “many women” who these hand-picked selection of interviewees from Yale allegedly represent. It contributes nothing to anyone’s knowledge, because it does not even rise to making any claim about reality that can be pinned down; it teaches us nothing and confirms nothing about gender and career paths at elite professional schools.

On the other hand, the story’s front-page publication in the Newspaper of Record, and Posner’s happy use of it, does confirm something else:

While gossip among women is universally ridiculed as low and trivial, gossip among men, especially if it is about women, is called theory, or idea, or fact.

–Andrea Dworkin (1978)

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