Quick Thoughts on Fisher v. UT

The Supreme Court is set to hear arguments in Fisher v. UT.

I'm anxious.

Abigail Fisher claims she was rejected by UT because she was white. I think cases like this get at the heart of who is believed deserving or meritorious or entitled (a word usually used viciously against poor people of color, but Abigail Fisher certainly felt she was "entitled" to something).

Why do I say that? Because it doesn't particularly matter to plaintiffs in cases like this about any other source of perceived "unfair advantage." As Tim Wise noted some time ago,

[F]or every student of color who received even the slightest consideration from an affirmative action program in college, there are two whites who failed to meet normal qualification requirements at the same school, but who got in anyway because of parental influence, alumni status or because other favors were done.

But we don't hear about the unfairness of parental influence or legacy policies.

And, as noted in a brief from UT:

[Fisher] also was denied admission to the summer program, which offered provisional admission to some applicants who were denied admission to the fall class, subject to completing certain academic requirements over the summer. ... Although one African-American and four Hispanic applicants with lower combined AI/PAI scores than petitioner’s were offered admission to the 16 summer program, so were 42 Caucasian applicants with combined AI/PAI scores identical to or lower than petitioner’s. In addition, 168 African-American and Hispanic applicants in this pool who had combined AI/PAI scores identical to or higher than petitioner’s were denied admission to the summer program.

I doubt if Amy Fisher is worried about those 42 Caucasian applicants who got in because we are more likely to think they somehow deserved it. And what of the 168 students of color with scores identical or higher to hers who were denied admission? How is that explained?

No, it’s only an issue when a person of color is perceived to have gained something that rightfully should have gone to a white person. It is rooted in the belief that somewhere out there, there has to be a white person who is better qualified or more deserving or who “merits” more.

It’s the Jesse Helms “Hands” ad writ large.

Like Deborah Archer, I believe that,

Altough America has made substantial progress in race relations, there remains a systemic racial hierarchy that produces and perpetuates racial disparities in educational outcomes. Race-conscious admissions programs, like the one used by UT Austin, are designed to counter this systemic racism and create a vital pipeline to educational and professional opportunities for minority students. The proven success of these programs in increasing equal opportunity serves as compelling evidence of their value and counsels in favor of continuing them.

And, as a professor and a woman of color, it’s why I am anxious.

When Fat Hatred, Emotional Blackmail, and a God-Complex Meet...

... you get this result as evidenced by the story below, taken from an issue of the Baton Rouge Morning Advocate, dated 23 July 1960. Without further comment:

Man, Wife Lose Weight in Order to Adopt Baby Girl

LOS ANGELES (AP) Months of rigid dieting paid off Friday for an overweight man and wife when they gained permission to adopt a 1-year-old girl they have raised from birth:

After shedding 159 pounds between them, they vowed to keep on dieting “until we get down to a decent size.”

“I’m too happy to say anything,” said Mrs. Bernice Sherman, 37, as she blinked back tears after a closed hearing in which Superior Judge Ben Koenig approved the adoption.

“It was a long struggle,” concluded her husband, Frank, 39, “but it paid off,”

Three months ago, Koenig ordered the Shermans… to show they could lose more weight before he would allow them to keep the child.

They weighed 320 and 250 pounds then and had been watching calories since last November 27, when they weighed 369 and 281. After hearing Koenig’s ruling they stepped up their dieting.

At Friday’s court session, Sherman, a truck driver, weighed 277 and his wife 214. Between them they had lost 79 pounds since April alone.

“We make no further objections to this adoption,” announced Walter A. Heath, director of the adoption bureau, His agency had opposed their petition to adopt little Janet when they came before him April 8.

The Shermans were told then because of their excess weight they “might not live to be good parents.” But a doctor examined them and said they both were healthy, and “they could outlive us all.”

Speak Out Against the Re-Prosecution of Renata Hill, One of the New Jersey Four

From free the new jersey 4!

On Ocober 14th, Renata Hill, one of the New Jersey 7, is scheduled to face her retrial. We are in suport of her desire to not have to go back to trial, and demand that the charges against her cease.

Please send this letter, or one similar in your own words, to the address listed. After sending in the letter, please let us know so that we can tally how many letters have been sent. (freenj4@yahoo.com)

Sample letter below the fold.

Robert M. Morgenthau
District Attorney
New York County
1 Hogan Place
New York, NY 10013

[Date]

Re: People vs. Renata Hill

Dear Mr. Morgenthau:

I am writing concerning the case of Renata Hill, who is currently awaiting a retrial on charges stemming from an incident in August 2006. Her conviction for Gang Assault was recently overturned on appeal.

I want to encourage you to stop further prosecution in this case, and to release Ms. Hill so that she may get on with her life. Ms. Hill has already served two years on charges resulting from a street altercation that she did not initiate. While she was incarcerated, she was separated from her young son. She also suffered the death of her mother, whose memorial she was unable to attend. Since their convictions on Gang Assault charges, the felony convictions against both Ms. Hill and one of her co-defendants were overturned by the appellate courts. The two other defendants are currently awaiting their appeal hearings.

Notably, the complainant in this matter has commenced a multi million dollar lawsuit and runs a website, Dwayne Buckle Foundation for Justice, seeking donations to his cause based on virulent anti-gay and lesbian attacks.

I believe that further prosecution and incarceration of Ms. Hill would be unjust. She has been punished enough for her role in the event – both by actual imprisonment, and in the impact that imprisonment has had upon her life. I appreciate any assistance you can provide in preventing any further injustice.

Thank you for your consideration.

Sincerely,

The Death Penalty as Punishment for the Rape of Children

Melissa's post reminded me of a topic that I've been meaning to post about. Until about a week ago, the rape of a child in Louisiana was a offense punishable by the death penalty. Last Wednesday, the Supreme Court

struck down a Louisiana law that allows capital punishment for people convicted of raping children under 12. It spares the only people in the U.S. under sentence of death for that crime — two Louisiana men convicted of raping girls 5 and 8.

The ruling also invalidates laws on the books in five other states that allowed executions for child rape that does not result in the death of the victim.

The Supreme Court offered the ruling "despite the 'years of long anguish' for victims." And while I don't dispute the reasoning or evidence behind that phrase, I do find it and similar sentiments problematic.

Since the case originated in Louisiana, it was big news here. The local paper that I read most often carried the news on the front page. It quoted District Attorney Jerry Jones as saying,

The rape of a child is the most heinous crime I can think of. In first-degree murder, it's over. The victim does not continue to suffer. The victims of child rape are destined to a life of misery and suffering.

And immediately, I was piqued by that.

Rape, no matter who the victim is, is a heinous crime. The most terrifying feeling that I have ever had in my life, EVER, is being held down and unable to stop or control what was happening to my own body. I cannot even adequately describe that feeling. And I would be lying if I said I didn't have particular contempt for people who rape children.

But I think the notion that victims of child rape are "destined" to be miserable relies not solely on the survivors' own experiences, but our own biases. Like our obsessions with "purity" and "innocence." Like the idea that rape somehow stigmatizes the victim. Like the belief that virginity is a "gift" to be bestowed upon someone, the mark of a "moral" woman.

I am not at all saying that being the victim of a rape doesn't cause anguish, misery and suffering. I am agreeing with what Melissa said in comments, that

rape is something with which a survivor has to live for the rest of her or his life, which is a true thing, but a lot of people are incapable of saying that without implying the rape is a stain on the soul or the survivor is somehow irreparably broken, damaged goods.

Because it's something we carry doesn't necessarily mean it's a burden; that it has changed us shouldn't mean it marks us differently than the other things that change a person in a lifetime.

(Emphasis mine)