Four for the Fourth 2022: Remember the Ladies

Reminder: here are links to my other Four For the Fourth blog articles, one about a plea for silent firecrackers, one about the need for fixing our nation to save our freedoms, and one about needing more metal music on the TV specials dammit!

It's hard to celebrate Independence Day this 2022 when half this nation's population are now - thanks to a sadistic Christianist Supreme Court - Second Class citizens.

As much as Frederick Douglass called out the hypocrisy of the 4th of July - the promise of liberty while Blacks were still in chains - we are now at the point in American history where the liberty and rights of women to choose their own health and well-being has vanished, turning women into slaves themselves to the states holding bondage over their uterus.

This is not a sound policy for the mostly White, mostly Male, mostly Rich conservative leadership that brought us to this tragic reality. These anti-abortion laws - seeking to confine women to their homes 'barefoot and pregnant', forced to bear babies against their will, and likely killing them when those pregnancies turn lethal - will only enrage the women and remind them of the horrors their grandmothers had to endure decades before.

When our Founding Fathers crafted first the Declaration of Independence and then the federal Constitution, they never even considered the rights of women at all. When Abigail Adams, wife to Founder John Adams and a fervent believer in equal rights, wrote a letter to John to "remember the ladies," her own husband scoffed at her. Via Lisa A Mazzie at the Marquette University Law Center Faculty blog back in 2013:

John Adams responded, “I cannot but laugh . . . .” To Mr. Adams, this was the first he’d heard of women’s possible discontent with the status quo.  “[Y]our letter was the first intimation that another tribe, more numerous and powerful than all the rest were grown discontented.”  For whatever “power” that Mr. Adams suggested that women had, it clearly wasn’t enough, for the new Declaration of Independence and Constitution failed to give any express (or even implied) rights to women.

Mrs. Adams responded to her husband, “I cannot say that I think you are very generous to the ladies; for whilst you are proclaiming peace and good-will to men, emancipating all nations, you insist on retaining an absolute power over wives...”

Mrs. Adams did not suffer hypocrites, even when it was her own husband.

Over the history of America, women's rights were undercut and ignored even as the rights of others were expanded. Full rights of citizenship like voting, for example, only belonged to property owners until the 1820s, when suffrage finally extended to all White men (and only Black freedmen in certain states). When the federal government needed to confirm voting rights for freed Blacks in the post-Civil War era, they passed the 15th Amendment but specifically excluded "sex/gender" from the equation. It took another 60 years of women constantly marching for suffrage before the 19th Amendment guaranteed at least that right.

And even then, full rights for women weren't a given. Every expectation in the workforce of less pay than men, getting denied opportunities in education or politics or business, forced into support roles in wartime, forced into gender roles as housewives and mothers, every dismissive treatment dumped on women throughout the 20th Century... If you were a girl, you had to work twice as hard and get told twice as often to "smile" through it all.

This was the mighty river of sexual discrimination women had to swim, every day of their lives, only barely reaching the calmer waters of the past 50 years when the civil rights movements of the 1960s opened up more opportunities. And they still had to... HAVE to cope against harassment and sexual assault to this very day.

I only learned this year a horrific fact, that until 1974 women couldn't sign up for their own credit cards: A man - either husband or father - had to co-sign with the bank on it. Women had no financial freedom at all until then. Some still don't.

And so with all this happening, as women face the darkness of 50 years ago returning to haunt them, do our American mothers and daughters and sisters and friends have any reason to celebrate Independence Day?

Because they're not independent today.

Goddamn us for taking that away from them.

We need to bring back the Equal Rights Amendment, get the states to go through approving it again, because it's not our women who need it, it's our nation that needs to break free of our fear and hypocrisy.

The Soul of Liberty As the Equality Act Gains Ground

This still has to pass the Senate, but it's arguably one of the bigger deals the Democrats have gotten done (other than a COVID relief bill we're still waiting on dammit) as they pass a historic Equality Act in the House (via Danielle Kurtzleben at NPR): 

The House of Representatives voted on Thursday to pass the Equality Act, a bill that would ban discrimination against people based on sexual orientation and gender identity. It would also substantially expand the areas to which those discrimination protections apply.

It's a bill that President Biden said on the campaign trail would be one of his top legislative priorities for the first 100 days of his presidency. The House vote was largely along party lines, passing with the support of all Democrats and just three Republicans. The bill now goes to the Senate, where its fate is unclear...

The Equality Act would amend the 1964 Civil Rights Act to explicitly prevent discrimination based on sexual orientation and gender identity.

The bill has been introduced multiple times before and previously passed the House in 2019. However, the law's impact would be different in practical terms now than it was then.

That's because the Supreme Court ruled in June of last year, in Bostock v. Clayton County, that the protections guaranteed by the 1964 Civil Rights Act on the basis of sex also extend to discrimination against lesbian, gay, and transgender Americans. The logic was that a man who, for example, loses his job because he has a same-sex partner is facing discrimination on the basis of sex — that, were he a woman, he wouldn't have faced that discrimination.

This act would explicitly enshrine those nondiscrimination protections into law for sexual orientation and gender identity, rather than those protections being looped in under the umbrella of "sex." However, the Equality Act would also substantially expand those protections.

The Civil Rights Act covered discrimination in certain areas, like employment and housing. The Equality Act would expand that to cover federally funded programs, as well as "public accommodations" — a broad category including retail stores and stadiums, for example...

One upshot of all of this, then, is that the Equality Act would affect businesses like flower shops and bakeries that have been at the center of discrimination court cases in recent years — for example, a baker who doesn't want to provide a cake for a same-sex wedding.

Importantly, the bill also explicitly says that it trumps the Religious Freedom Restoration Act (commonly known by its acronym RFRA). The law, passed in 1993, set a higher bar for the government to defend laws if people argued those laws infringed upon religious freedom...

What this law is trying to do is overrule any religious bigotry that would taint our citizenry's right to, you know, live like normal people.

One of the shameful elements of evangelical or conservative religious groups is how they use their Faith as an excuse to be hateful, in many ways defying core tenets of Grace and Charity that much of our Judeo-Christian-Islamic beliefs require from their followers (also any core tenets for Hindus and Buddhists I would hope. As a Unitarian Universalist I'm aiming for inclusivity, brah). It's that excuse that alienates more people from accepting religion, as one of the reasons over the years why people have been walking away from churches as those faiths become more identified as biased as hell.

Again, we're waiting on the Senate to take up this bill and hold a vote - pending the likely filibustering that's still baked into the system, what the hell Democrats get rid of that damn thing - but we're one step closer to equality and liberty for more Americans. That long arc is bending towards justice again, thank God.