Akin, Assange, and Questioning Rape

Strange moment: The right and the left have taken to debating the legitimacy of rape at the exact same time.  In order to defend his bill banning abortion in all cases, even of rape, Missouri Rep. Todd Akin, Neanderthal that he be (apologies to our ancestors) has, infamously pointed out that women can’t get pregnant if it is a “legitimate rape.”* **

But don’t start laughing too self-righteously yet:  Much of the left has questioned the legitimacy of the rape allegations awaiting Wikileaks founder Julian Assange as he has tried to challenge his extradition to Sweden. It’s not quite the same thing, but these events do have some points in common: A lot of folks, especially men, have felt gratuitously entitled to denounce the legitimacy of the rape allegations that are being raised against Assange. Gratuitous, because the issue of extraditing Assange to Sweden has little to do with the legitimacy of the allegations; they have to do with the concern that Sweden will allow him to be extradited to the US for leaking documents that show the US engaging, or collaborating with others, in massive wrongdoing.

That’s an important concern. Does it mean that Assange is being set up? To ask that question is to assume that the rape allegations are false. Even though we don’t need to weigh in on the allegations, many men have done exactly that: British MP George Galloway, revealing his own Neanderthal tendencies, rejected describing as rape the allegation that Assange had sex with one woman when she was sleeping.  The former British Ambassador to Uzbekistan Craig Murray, after naming at least one of them publicly, asked why the two women in question went to dinner with him after said activities, why they saw him again, why they waited to go to the police, why they were very public on their twitter accounts and elsewhere about their activities.  The implication here seems to be that if these women had “truly” been sexually assaulted, they wouldn’t have wanted to see their assaulter socially, and they would have turned their backs on him right away.

We could have a field day with these kinds of ignorant views (how exactly does one resist a sexual encounter when one is sleeping?).  To be fair, there is evidence to suggest that at least one of the women was quite distraught to hear that her testimony was being extracted to buttress potential rape charges against Assange: when she realized that this was the goal of Swedish prosecutors, she decided to cut short her cooperation. She has also suggested that she never felt threatened violently by Assange.

But let us assume that there was some sort of unwanted sexual activity imposed on either or both women: For those, like Craig Murray, who insist that if it was “really unwanted,” both of these women would have immediately distanced themselves from Assange: This translates into “it’s not really rape because they didn’t publicly, openly, visually reject Assange.”  In effect, the lefty denunciation amounts to VERY similar assessment of rape that the rightist Akin asserted: it’s not legitimate because women who are really raped will behave in ways that we expect; women who aren’t really raped will behave in ways that we expect.

It’s not a LEGITIMATE rape because the women didn’t exhibit what both groups wanted them to exhibit?!? C’mon, folks.  To question the legitimacy of sexual assault charges is to question whether others should behave as you (think you) would in those same circumstances. It assumes that the nature of coercion is always violent. It’s not. We have long known that coercion takes all sorts forms. Coercion can take all kinds of insidious, quiet forms—in relation to ethics (see US Soldiers dropping drones); finance (see Financial Crisis and Sub-Prime Loans); and rape: which is why we have categories called sexual molestation, incest, acquaintance rape and statutory rape. The latter is what Huckabee was ostensibly distinguishing from ‘forcible’ rape.

It is counter-productive for sympathetic lefties to denounce the allegations of rape against Assange. We don’t really know all the facts surrounding what happened between Assange and the two Swedish women in question. But we don’t need to know. What we do know is that the U.S. has also put much pressure (invisible—yes—coercion) on the UK to extradite Assange—because of the Obama Administrations’s now well-established track record of punishing whistle-blowers. That should be enough to question. We don’t also need to stoop to the level of the right.

What is disturbing, however, is the possibility that these rape allegations are being pursued without the consent of the women involved.  And therein lies a return to the question of coercion:  When these women (or at least one of them) decided to report her encounter with Assange to the police, it appears to be because he was uninterested in responding to her request to be tested for STD’s. It might have also been for other acts that resemble what we associate with sexual assault or rape. It is unclear whether the women in question are translating their interactions with Assange as rape or sexual assault.

And so, unrelated to Assange or whistleblowing altogether, is the question of how to protect women (or anyone) who translates what happened to them as rape, without undermining those women who interpret certain acts that happened to them, not as rape but some other violation. This is an issue that urges the importance of making distinctions—not by those who are bystanders—but by those who were the subjects of these violations. Whether someone is raped (assuming they are adults) is best determined by s/he who is subject of the violation–and if with her consent, the procedure goes further—by a properly instructed, properly selected jury that has heard ALL the evidence. We may not like the outcome, we may disagree with the interpretation. But short of imposing a colonial judgment (that a woman is the victim of false consciousness, or doesn’t know better), we need to let those who are directly subject to an offensive act decide what it is, and ask for help accordingly,—without the denunciations of bystanders, or other nations pursuing barely-concealed designs on the accused.

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*Mike Huckabee, former presidential candidate and governor of Arkansas, has tried to defend Akin by distinguishing between forcible rape and “unforced rape.  Frankly, it’s hard to know how Huckabee’s comment is helping to “defend” Akin; doesn’t his point about how “extraordinary people are the result of “forcible” rape kinda disprove Akin’s point about rape-induced non-pregnancy?

**President Obama, realizing that this was a win-win-win situation (he could simultaneously 1. denounce Republican Akin, 2. Julian Assange AND 3. put in a plug for his own healthcare plan) didn’t miss out on a chance to offer a meaningless tautology: “Rape is rape.”

Turley and Cusack on the U.S. Constitution

I rarely do this, but this is a must-read column by progressive activist/actor John Cusack, followed by a very long, but urgent, conversation between Cusack and Constitutional Law Prof. Jonathan Turley. It will make liberals and progressives in the US extremely uncomfortable, but it’s time to feel uncomfortable: there are some serious questions that need to be addressed in the face of the November 2012 elections, and Turley and Cusack lay out clearly what’s at stake–morally, politically, internationally. Skip to the last six paragraphs if you’re short on time.

SHANNYN MOORE: JUST A GIRL FROM HOMER

Editor’s Note from Shannyn Moore:  Read This.


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By John Cusack

I wrote this a while back after Romney got the nom… in light of the blizzard of bullshit coming at us in the next few months I thought I would put it out now

Now that the Republican primary circus is over, I started to think about what it would mean to vote for Obama…

Since mostly we hear from the daily hypocrisies of Mitt and friends, I thought we should examine “our guy” on a few issues with a bit more scrutiny than we hear from the “progressive left”, which seems to be little or none at all.

Instead of scrutiny, the usual arguments in favor of another Obama presidency are made: We must stop fanatics; it would be better than the fanatics—he’s the last line of defense from the corporate barbarians—and of course the Supreme Court. It…

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Shrien Dewani, Julian Assange, and British Justice

 
 
“…[V]iolence… threatens [the law] not by the ends that it may pursue but by its mere existence outside the law.  The same may be…suggested, if one reflects how often the figure of the “great” criminal, however, repellent his ends may have been, has aroused the secret admiration of the public.”
Walter Benjamin, The Critique of Violence
 
 

In December 2010, we saw the British justice system take action in two separate events related to crimes against Swedish women.  In the first Shrien Dewani, a British citizen of Indian descent, was accused of soliciting, paying for, and coordinating the horrific murder of his Swedish bride of two weeks, Anni Dewani, while on their honeymoon in South Africa the November prior. Anni Dewani was kidnapped at gunpoint, and was later found naked, beaten, and dead from a bullet through the neck after a dinner trip to the Gugulethu township in Cape Town.   Three men, including the driver of the limo, have been charged. Two have already begun long prison terms. One of them had his sentence reduced after implicating Dewani, a multimillionaire.  Detained in England at the request of the South African government, Dewani was released after his family put up £250,000 bail several days later.  He was tagged with an electronic ankle bracelet, subjected to curfews, his movements restricted, and required to report to the police daily.

At almost the same time, Julian Assange was also detained in England at the request of another government. He was (and is still) wanted for questioning in Sweden in the course of an investigation into possible sexual misconduct.  Since, even 18 months later, charges have still not been filed, we cannot be certain of the offense, but early indications were that he could be charged with continuing to have sex with one woman despite a broken condom,* and having failed to answer a police summons to be tested for STD’s; this crime is punishable by up to two years in prison.  He is also being investigated for a second crime, namely of having “sex by surprise” with another woman; this charge, if he were to be arrested and convicted, would carry a fine of 5,000 kronor, or $715.  While the circumstances surrounding these events are murky; at least one of the possible victims told the Swedish newspaper Aftonbladet in an interview that, “It is quite wrong that we were afraid of him. He is not violent, and I do not feel threatened by him.”  She elaborated that, “The responsibility for what happened to me and the other girl lies with a man who had attitude problems with women.” Assange was initially denied bail, but at a later hearing was allowed £200,000 bail, with the additional requirement of  £40,000 in two separate sureties of  £20,000 each.  Released after nine days in jail, he faced an extradition hearing.  Like Dewani, he had to wear an electronic bracelet that monitored his movement.  His movements were restricted in house arrest fashion; he had curfews, and, had to report to the police daily.

All of this, of course, until his stay of execution ran out in June 2012. Assange then sought refuge in the Ecuadorian Embassy in the UK, and requested political asylum. As of today, we know the upshot: The Brits threatened to invade the Ecuadorian Embassy. The Ecuadorian Embassy decided to give Assange asylum. The Brits refuse to give Assange safe passage to Ecuador, and remain outside the Ecuadorian Embassy ready to arrest him should he step outside.

It is rather interesting that Assange and Dewani had nearly identical conditions surrounding their detention.  Certainly, sexual abuse and murder are each serious charges; neither Dewani nor Assange should be exculpated without a proper judicial process.  However, there is a bizarre contrast in the treatment accorded to each when comparing the substance of the crimes in question. Dewani’s appear to be about coordinating and paying for the vicious murder of his own wife; still, he was almost immediately able to qualify for bail. Moreover, despite the vigorous protests of the South African national prosecutors office — an office that has already gained convictions in the case — he was released pending an extradition hearing. In March 2012, despite promises on the part of the South African prosecutor in charge of Dewani’s hearing, he was granted a stay by the London’s High Court. Why? Because “High Court judge Sir John Thomas said it would be unjust and oppressive to send Dewani back to South Africa in his present condition.” That is to say, Dewani was heard telling family that he would kill himself if extradited. As we all know, threats to self-inflicted harm are a fairly popular way to persuade the judge not to send you somewhere you don’t want to go: like to jail, to stand trial, or to be extradited to South Africa.**

As of today, Dewani is still in England, while two of his accomplices have been convicted, and sentenced to 18 and 25 years in prison, respectively, and the trial of one other accomplice in South Africa goes on.

I am thrilled by the UK’s zeal in wanting to protect the sexual rights of women. Seriously, it is a delight to know that the UK, like the US, and of course like that bastion of women’s rights, Sweden, has the interests of women at heart. But I wish that they could apply consistent, or even proportional standards to suspects like Dewani—as they do to Julian Assange. But as we know, perhaps all isn’t as it seems; this situation reminds me human rights activists like Former First Lady Laura Bush, who pointed out her deep concern for the rights of women in Afghanistan—coincidentally around the same time as Hubby Bush’s decision to invade Afghanistan.

Whatever Assange’s crimes, unlike the US and the UK, they do not appear to include premeditated violence. It is not irrelevant that Assange is being sought after for some of the most daring non-violent ‘crimes’ that the world has seen since Daniel Ellsberg released the Pentagon Papers: exposing the reckless and remorseless criminal actions of the United States and allied governments as they collectively pursue their “War on Terror.”  Its name aside, this war is not being conducted against a noun.  It includes real violence towards real people in real countries, with terrible effects on civilian populations; unsavory engagements with odious dictators; and sundry violations of long-standing agreements in favor of human rights and against arbitrary search, seizure, and torture.

Let’s consider the argument that Moe Tkacik made about the relevance of the suspicions about Assange to his position as Wikileaks courier. She points out that Assange is accused by two women for trying the sleazy trick of pulling off his condom in the middle of sex—and pretending it was an accident. As she argued shortly before she left the Washington City Paper:

The question of whether Assange is an incorrigible douchebag (and also, a liar) would only decisively matter if he was asking (or more likely knowing what we know, presumptuously expecting) us to take his word for it that Muammar Gaddafi doesn’t travel anywhere without his Bedouin tents and voluptuous Ukrainian nurse or the Arab Gulf states are privately rooting for the us to start shooting missiles at Iran, etc. etc. But trusting the judgment of those who impart information is actually the precise opposite of the point of Wikileaks; the organization he founded is by design merely a high-profile courier; what impact would have on your credit card bills if it turned out that your letter carrier was into child porn?\
 
Which is why all the media deconstruction of Assange’s seemingly well-cultivated mystique seems so suspiciously irrelevant to begin with: wouldn’t a ludicrously secretive network of ultra-sophisticated hackers be structurally impervious to any character assassination attempts on its weird-looking white-haired mascot? (Her links)
 

The actual threat posed by Julian Assange and his organization, Wikileaks, is the audacity of truth.  It is not the non-consensual (and as far as we know, non-violent) sexual acts presumably committed against two women that is source of the great criminality of Assange.  From the perspective of those who rule over us, Assange’s offense is exacerbated by the—not-so-secret—admiration of an international public, of billions of civilians across the globe who have watched in frustration as the flexing of sovereign and unchecked muscles have resulted in the widescale and often fatal bullying of innocents — women and men alike– with no repercussions, no contrition, and ultimately, no self-awareness of the fact that in the hands of Presidents Bush and Obama the rule of law has been transformed into the illusion of law: We—the US, Great Britain, France, and others in the Global North—will decide what law is, what crime is, what violence is, and you—citizens of the world will accept it, all of it, and like it.  Until, that is, great criminals like Julian Assange come along and remind us that there is a power greater than the violence of the state—a power to resist and challenge the pure acts of hooliganism, plunder, and plutocracy that the United States government and its allies defend as righteous acts of “spreading democracy.”

Does that mean that we should condone sexual deception? Not at all. Still:

  1. Assange is wanted for questioning in Sweden.
  2. Assange has still not been charged.
  3. It’s not clear that sexual deception, however vicious, is equivalent to sexual assault. Perhaps Sweden could accuse him of negligence or some equivalent charge. But let’s preserve the respect for victims of acquaintance rape and other forms of rape by recognizing the distinction between coercion and sexual assholishness. We might be able to construct a framework for the latter in its relationship to coercion. Still, as of yet, we don’t have a strong one, so let’s not elevate it to the complex category of rape.

Why is it that Dewani, A British citizen accused of plotting to murder his wife is receiving more lenient treatment than a man who has not yet been charged with rape?  If in fact Assange is only wanted by the Swedish authorities for questioning, they could have found some way to accommodate the very real concerns that Assange, once in Sweden, could be rushed to the United States to face an unfair trial. It’s too late for that. But perhaps, now that Ecuador has stood up to the British government, the UK might find some way to show its “honorable” intentions–by negotiating for an independent third-country investigator for Assange. And by insisting that Dewani be extradited to South Africa for the–substantive–charges that he faces.

Perhaps—even though Assange may be the great criminal, and Dewani may be a heinous criminal, too much of the world is aware of the United States and the British governments as the real—and systemic—threats to the safety of men and women around the world. Until the UK can show that it can play fair, those  perceptions will continue.

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*Or not wearing a condom.

**The last three sentences were accidentally omitted from an earlier version of this column.

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Update: Here is the judgement of the London High Court in the dispute between Assange and the Swedish Prosecution Authority, July 12, 2011. Notice especially paragraphs 149-153: The decision has been taken not to charge him at this stage. As the High Court admits, had the same set of facts occurred in England or Wales, he would have already been charged. Still, the extradition order is not yet in order to prosecute him, but to interrogate him further.

Fear and Loathing of and by Brown People: Let’s Remember Our Histories

Yesterday, I received this message on a list of family friends and relatives who would self-identify as Indian. The email, which was in 24 point font, replete with a (different) picture of Julia Gillard, the Australian Prime Minister, who supposedly said these things, and an emblem of the United States flag, waving, at the bottom of the missive.

BRAVO!

W O W ! She Did It Again!!!Australia says NO — This will be the second Time Julia Gillard has done this!

She sure isn’t backing down on her hard line stance and one has to appreciate her belief in the rights of her native countrymen.


A breath of fresh air to see someone lead. Australian Prime Minister does it again!!


The whole world needs a leader like this!

Prime Minister Julia Gillard – Australia


Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia, as the government targeted radicals in a bid to head off potential terror attacks.


Separately, Gillard angered some Australian Muslims on Wednesday by saying she supported spy agencies monitoring the nation’s mosques. Quote: ‘IMMIGRANTS, NOT AUSTRALIANS, MUST ADAPT… Take It Or Leave It. I am tired of this nation worrying about whether we are offending some individual or their culture. Since the terrorist attacks on Bali , we have experienced a surge in patriotism by the majority of Australians.’


‘This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom.’


‘We speak mainly ENGLISH, not Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language. Therefore, if you wish to become part of our society, learn the language!’


‘Most Australians believe in God. This is not some Christian, right wing, political push, but a fact, because Christian men and women, on Christian principles, founded this nation, and this is clearly documented. It is certainly appropriate to display it on the walls of our schools. If God offends you, then I suggest you consider another part of the world as your new home, because God is part of our culture.’


‘We will accept your beliefs, and will not question why. All we ask is that you accept ours, and live in harmony and peaceful enjoyment with us.’


‘This is OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we will allow you every opportunity to enjoy all this. But once you are done complaining, whining, and griping about Our Flag, Our Pledge, Our Christian beliefs, or Our Way of Life, I highly encourage you take advantage of one other great Australian freedom, ‘THE RIGHT TO LEAVE’.’


‘If you aren’t happy here then LEAVE. We didn’t force you to come here. You asked to be here. So accept the country YOU accepted.’


NOTE:
IF we circulate this amongst ourselves in Canada & USA , WE will find the courage to start speaking and voicing the same truths.

If you agree please SEND THIS ON
and ON, to as many people as you know…

I have received many of these emails before, but for the sake of keeping peace, I have ignored them. But in the last 11 days, there have been eight (8) attacks on religious centers: 1 on the gurdwara in Oak Creek and 7 on mosques around the United States. I am unable to ignore this email.

I am reminded of the admonition made by Rinku Sen in the aftermath of the Oak Creek gurdwara shootings. Sen urged her white friends to “make a fuss, cause a family crisis, become unpopular, speak up” in the face of such statements about foreigners. And even though Sen addressed this to her white friends, I think the same message applies to folks like myself. And like Samita Mukhopadhyay, whose poignant column about her mother’s response to the Oak Creek shootings, I hope we can find the right response.

I grew up in this country surrounded mostly by whites, and very few South Asians. Maybe it explains something, maybe nothing. But it means that I often see the world through the eyes of someone who was bullied and teased mercilessly—for what? At the time, I thought it was because I was so ugly, with my long coconut-oiled hair, thick-framed glasses, unfashionable Sears polo shirts and ill-fitting purple pants—because that’s what they made fun of. I thought it was because my mother didn’t know better than to wear a sari and dot on her forehead, and a nose ring in public—because that’s what they made fun of. I thought it was because my mother refused to let me go to classmates’ houses after school until first coming home so that she could see that I was safe. I thought it was because I deserved it.

It wasn’t until a decade later, when recounting these stories to a grad-school roommate who tilted her head and looked at me quizzically and asked, “You do realize that you were the target of racism, right?” that I realized those stories for what they were.

The above speech can not be attributed to Julia Gillard. It is a chain letter that has been circulating for two years. Whether she harbors similar sentiments, even under the Labor Party, I’ll write about in a future post. But let’s pretend, for a short moment, that there really was someone, akin to the Australian Prime Minister—we’ll call her the Ghost Minister–who said this:

This culture has been developed over two centuries of struggles, trials and victories by millions of men and women who have sought freedom.

Which culture might the Ghost Minister be referring to? Would it be the culture of prisoners and convicts who were sent to Australia to live out their penance far away from the “civilized shores of England?” Would it be the culture that assumed that Australia was “terra nullius,” an empty land, even though it was inhabited by many indigenous tribes, who were conquered and quarantined by the whites who were shunned by their own English countrymen?

Muslims who want to live under Islamic Sharia law were told on Wednesday to get out of Australia

Does the Ghost Minister know what Sharia Law is? It is not the fundamentalist law publicized by the fear-mongering media and Christian fundamentalists (who would like their own fundamentalist laws imposed upon all of us, Hindus, Muslims, and Sikhs). As Yale professor of Religious Studies Eliyahu Stern tells us in the New York Times that the efforts to outlaw Sharia Law in the United States

would curtail Muslims from settling disputes over dietary laws and marriage through religious arbitration, while others would go even further in stigmatizing Islamic life.
 

South Asian Hindus have long understood what it means to have a foreign state authority curtail their practices, since they remember when British colonial authorities imposed restrictions on whether women could wear saris without blouses in public, or which religious practices are acceptable.

Similarly, Sharia law reflects precepts that have to do with daily life. How would vegetarian Hindus understand a mandate that they MUST eat meat to supplement the protein in their diets–except as a disciplining and show of state power (and as I write this, I’m reminded of NYC Mayor Michael Bloomberg’s restrictions on sodas larger than 16 ounces)?

In France, several months ago, Marine Le Pen, the right-wing candidate for President, started a huge public furor by charging that French public schools, which served lunch daily, were serving Halal meat! Egads! Halal meat is meat that has been produced under Islamic dietary strictures that symbolize hygiene and purity.

Then President Sarko, in a fight to keep his seat, initially refused to be baited, but ultimately rose to Le Pen’s challenge by vowing to look into the matter and ridding the schools of Halal meat. Let us suppose the charge was true (it was never proven to be so). Why, then, did the French state—or at least scions of authority such as LePen and Sarko care? Were they concerned that ingesting halal meat would suddenly produce hordes of young white French Muslims spouting the Qu’ran? Hardly. Perhaps as animal rights activists have suggested, it is a crueler method of slaughtering animals for meat, since it bans the stunning of animals before slaughter, and it bothered Sarko and Le Pen. Sarkozy and Le Pen: Animal-rights activists? I think not.

Rather, it was because Muslim-baiting has become a popular pastime in France, along with virulent xenophobia and anti-immigration jousting. And Sarko lost anyway (only to be succeeded by Francois Hollande, the Socialist Party candidate and a supposedly kinder, lefter guy who’s turning out to be pretty authoritarian himself). Let that be a lesson to…the American voter.

Why would it be acceptable to impose dietary or marriage restrictions on Muslims’ religious laws? These are private matters every bit as much as Hindu religious law is. Unlike the misperception in the bill passed in the Tennessee General Assembly, Sharia law is not something that Muslims want to impose on the larger public. Nor is Sharia Law “a set of rules that promote ‘the destruction of the national existence of the United States,’” as Stern states. He continues:

This is exactly wrong. The crusade against Shariah undermines American democracy, ignores our country’s successful history of religious tolerance and assimilation, and creates a dangerous divide between America and its fastest-growing religious minority.
 
The suggestion that Shariah threatens American security is disturbingly reminiscent of the accusation, in 19th-century Europe, that Jewish religious law was seditious. In 1807, Napoleon convened an assembly of rabbinic authorities to address the question of whether Jewish law prevented Jews from being loyal citizens of the republic. (They said that it did not.)
 

To be fair, the misperception of Sharia Law is widespread. At dinner some months ago with otherwise erudite white American friends, I found myself having to rebuff their kneejerk scorn of Sharia by sharing a story that I heard at a philosophy conference some years ago. It was told by a young white Canadian lawyer who represented a Muslim woman in her divorce proceedings. As the lawyer pointed out Canadian courts, like American courts, only recognize written contracts. This fact made it difficult for her client to obtain compensation as promised by her ex-husband’s family, because it was an oral promise cemented by an imam, and therefore unenforceable in a Canadian court. By convincing the Canadian court to recognize Sharia, her client was able to obtain what was due her.

Sadakat Kadri, author of a book that explores both the hard-line and more flexible interpretations of Sharia, speculates upon the mad fear of Sharia Law in the United States:

It’s crazy, basically. It’s this idea that Shariah is some kind of movement to take over the United States or a conspiracy to overturn American freedoms. That isn’t what Shariah is. There are certainly hard-line interpretations of Islamic law. But these measures don’t even claim to restrict themselves to that. They claim to prevent the courts from taking any account at all of the Shariah, which potentially means that a court can’t, for example, take account of someone’s will. If someone says they want to be buried according to Muslim rituals laid down in the Shariah, a court would theoretically not be able to take account of that. And, of course, it’s possible to say, ‘That’s not what the law’s aimed at. The law’s aimed at something very different.’ But as everyone should know by now, liberties begin to erode when you have laws that are too widely drawn.
 

According to Dwight Garner, who has a review of Kadri’s book in this past Sunday’s New York Times:

In [Kadri’s] reading of the Shariah, he finds rationality and flexibility. His argument is with recent hard-liners who, he writes, “have turned Islamic penal history on its head.”
He is furious that fundamentalists “have associated the Shariah in many people’s minds with some of the deadliest legal systems on the planet.” He calls them traditionalists who ignore tradition. He is disgusted that warped opinions “are mouthed today to validate murder after murder in Islam’s name.
 

It is the misperceptions of Muslims, Sharia, and the outrageous framing of all Muslims as reflecting zealotry and fundamentalism that lead to events like seven mosque attacks in the United States in last 10 days– in the immediate aftermath of the shootings at the gurdwara in Oak Creek, Wisconsin.

To my fellow Indians: Does any of this remind you about the stories of British colonialism in India? Do you remember your mothers’ and grandmothers’ stories of how the British whipped, mutilated, and maimed Indians for not obeying their orders? Does anyone remember the Lahore Lynchings of 1915, a mass spectacle designed by the British colonial authority to warn Indians against further thought of self-rule? Although 24 Indians were scheduled to hang that day, the sentences of 17 were commuted— 7 men were still killed as a warning to others who wanted self-rule.

You must remember the mass hatred incited by India’s political elites, pitting Muslims against Hindus and Hindus against Muslims—I’m sure—because through my mother’s stories and the histories I’ve read—I do, and I wasn’t even there.

I remember my mother’s stories of being turned away from job interviews in the United States because she wore a sari thinking it was the most formal outfit she could wear for such a serious occasion. I remember her pink polyester suit, bought for subsequent interviews, because she felt it would be disrespectful to show her legs at work.

I remember my mother’s humiliation at having insults hurled at her in the 1980’s by ignorant young and old white men who proudly called themselves “Dotbusters.” These racist men told her to “go back to her country,” even though she had lived faithfully by the laws of the United States for twenty-five years.

Don’t you remember similar stories of hate directed against your mothers, sisters, grandmothers and aunts? The British, the Australians, the Americans, The French—and many others engaged in similar acts of savagery condoned by their own governments. Did our mothers and fathers and families deserve this? Certainly mine did not.

Many whites may not see Muslims as deserving of respect and civility. But you can bet that they don’t see me or my family (or yours) as deserving respect and civility either. They don’t care whether you are Muslim or not. They see you, a Hindu, and “them” (Muslims) as one and the same: a brown person who doesn’t speak English (even if you do), or who speaks English with an accent (if you don’t).

I know the stories of Sikhs men who immigrated to California in the early 1900’s. They were harassed, beaten, arrested, and deported, because they were subject to hatred by whites and fear that they were taking away jobs and lowering wages. I have been told of the harassment that Indians were subject to by the British for wanting Self-rule. And I know that the hate-filled curses that were directed against Hindus, Sikhs, and Muslims had little to do with whether they “deserved” it, and everything to do with the American and British fear and loathing of Indians.

The Ghost Minister wants everyone to speak English, and not “Spanish, Lebanese, Arabic, Chinese, Japanese, Russian, or any other language.” This message has been delivered before, and there is plenty of literature out there to refute it, so I won’t do it here. Suffice it to say that not speaking the language of the land inconveniences no one—except perhaps, the migrant. But it engenders hostility aplenty for reasons that have little to do with the difficulties of language: because it reminds the speaker that he too is merely a traveler on this land, which was taken away from the indigenous, from others, so that he too could grow up on this soil and profess his anger at those who want to live alongside him without succumbing to his norms, his religion, his practices—without succumbing to his demands.

Joining whites in a campaign of racism against Muslims will not garner us, as South Asians, as Indians, as Hindus, respect by those same whites. What I know is that that hatred against Muslims is not warranted. Every single religious group, whether Hindus, Sikhs, Muslims, Christians, or Jews, has a wing of believers who are militant or radical. But the few don’t speak for the rest of their group, the many who are peace-loving and moderate. By joining in the hatred against another minority group, we betray the innocent, and increase the general hostility towards all minority groups, including our own.

It’s time to stand up to the ignorant bullies, whether American, British, or Australian, or French, or German. It turns out that the above remarks cannot be attributed to Julia Gillard. Still, I don’t doubt that they have been uttered aloud in many places in the world by whites, whose ancestors have been in that country for fewer than 200 years. And I don’t doubt that they will be used again—if not against Muslims, then against you and against me. Isn’t it time to stop standing with racists to harass others who, but for their turbans, beards, hijabs–but for their background—are just like us?

Race, Murder, and Mayhem in America: Considering the Links

Glenn Greenwald is right to be skeptical of any direct causal links between the horrific events such as the Sikh Temple Massacre or the Joplin Mosque and US foreign policy. As he pointed out yesterday,

there are usually a diverse array of complex motives (psychological, emotional, ideological, religious) that drive individuals to engage in violence of this sort, and an equally diverse list of complex causes (legislative, political, cultural) as to why our society fosters and enables it.

And to be fair, most white men who have grown up in the shadow of 9-11 do not shoot up theaters and temples or burn down mosques. But I want to try to be clearer about the links that I’m trying to argue for:

Dylan Rodrigues, a scholar in Ethnic Studies at UC Riverside and author of a great book on Black Radicals in prison, has argued that we need to pay attention to the parallels between the massive numbers of Black and Latino men who are in prison, and our tendencies to incarcerate Muslim men in Guantanamo, or Abu Ghraib. These parallels can alert us to a certain carceral mentality that is mirrored in a country’s international and domestic policies. A number of philosophers and sociologists have argued along similar lines, including Michel Foucault, Angela Davis, and Loiç Wacquant.

Similarly, in my last post and a number of others, that is what I’ve tried to argue that we need to consider: when Dharun Ravi sets up a camera to spy on his gay roommate’s trysts, or Wade Michael Page shoots up a Sikh temple, when US soldiers rape Iraqi women, urinate on dead bodies, and shoot civilians in cold blood in Iraq, we need to move beyond the level of shock and start thinking about the larger political and legal and cultural mentalities in which these events happen.

In particular, we live in a country in which the federal office that oversees the strict regulation of immigrants, visitors, and—yes—citizens, guards the homefront through border security, pre-emptive policing of people’s social, political and financial activity, their emails and phone calls, i.e., “counterterrorism.” That office, ceremoniously renamed the Department of Homeland Security six months after September 11, 2001, is an ostentatious chest-beating symbol of waging a war on “threats to national security.”

In the name of Homeland Security—a hallowed reference to Nazi Germany’s urge to purify their own “heimat”–we have seen the prevalence of United States’ domestic and foreign policies: state-led surveillance of its own people, of the decision to harass foreigners until they leave, i.e., “self-deportation,” of Muslim communities, to incarcerate Muslim men without habeas corpus or a serious legal defense, to outlaw political protest, to give the U.S. president full authority to assassinate and incarcerate “terrorists,” and to the fact of state-led mass destruction in the form of drones, rockets, bombs, chemical warfare and guns?

Why then, talk about white supremactists as if they are loners or part of private gangs? Shouldn’t we remember the US’ emphasis on the Homeland when we watch these shootings and mosque-burnings? When we see images of war and strife in the Middle East? Is it such a strange leap to think of US domestic and foreign policy as part of white supremacist, racial contract, as political philosopher Charles Mills argues (read his book for more on this; it’s clearly written, even for non-philosophers)?

As Greenwald says:

A country which venerates its military above all other institutions, which demands that its soldiers be spoken of only with religious-like worship, and which continuously indoctrinates its population to believe that endless violence against numerous countries is necessary and just — all by instilling intense fear of the minorities who are the target of that endless violence — will be a country filled with citizens convinced of the virtues and nobility of aggression. (the links are in his original piece).

He’s right. I think there’s something else going on as well. At the risk of stating the ridiculously obvious, we live in a country (and still at a time) that has a very difficult time with race politics: And it’s not merely about racial antagonisms having to do with Muslims or Sikhs or Hindus or Sri Lankans or Pakistanis or South Asians and Arabs generally. It has to do with racial hostilities that are legislated against Latinos and Blacks (and by this term, I include all folks who are the victim of anti-black racism, not just African Americans)—and Americans turning a blind eye to these hostilities that are waged against black and brown folks, while expecting white men to act out the scripts of entitlement: declaring and waging war, AND deploying black and brown and working-class whites to war. Americans cheer when whites, blacks, and browns act out their scripts within the confines of state-led policies and laws—and are shocked when whites, blacks, and browns act out their scripts outside of those institutions and laws.

Again, Charles Mills calls this the epistemology of ignorance, that is when whites and elites are completely baffled by—and claim NOT to understand– the very same world that they (through slavery, Jim Crow, mass incarceration, mass criminalization through anti-terror and drug laws)—produced. Mills coined this term, the epistemology of ignorance, hand in hand with the racial contract back in 1997. Can you imagine the furor he caused then?

I agree with Mills—mostly.

As importantly it has to do with the very difficult time we have in calling our political leaders to account whether they are white or non-white; but at the present moment, we are having an especially difficult time calling our current President, who is black, into account—especially for those of us who are politically progressive and constructively race-conscious. The tensions that lie in this political dilemma—during this election year—are enormous. But it doesn’t make us racially or politically progressive to turn a blind eye to the President’s racially destructive policies: like deporting 400,000 migrants a year; like tearing apart families through forced deportation; destroying childhoods through indefinite detention and deportation of their parents without judicial review.

So, taking a page out of Mills’ book, I would suggest that another term that better describes what’s happening today: the epistemology of indifference. White and elites understand perfectly well the world that they have produced. And those liberals AND progressives who vote for them—despite this knowledge—are guilty of the epistemology of indifference: they know and they don’t care. At least, they don’t care enough to reject the false choices handed to them by the Democratic Party.

It doesn’t make us racially or politically progressive to turn a blind eye to the President’s imperially expansive policies. It makes us callous, indifferent, and frankly, part of the problem. Calling him to account doesn’t necessarily make one a racist, unless you are calling him to account because he is black. Similarly, not calling him to account because he’s black is also problematic.

Race in America is an enormously tricky terrain to navigate carefully, justly, ethically. But it needs to be addressed alongside our policies of violence, of invasion, of mass murders in the name of a Secure Homeland, and in ways that don’t celebrate OR vilify single individuals. Rather, we need to clearly, firmly, effectively call those politicians and appointees to account: by voting with our feet to find leaders who share their moral principles, and reject officially sanctioned mass-murders and wars, instead of promoting them as solutions to the racial fears and xenophobia of Americans.

Mosques, Temples, and Theaters: We Need to Change the Script

Yesterday, less than 48 hours after the shootings in Oak Creek, Wisconsin, a mosque in Joplin, Missouri was burned to the ground. It was the second time that someone had tried to burn the mosque down in a month, and the third time that the mosque has had a fire on its property.  A suspect hasn’t been found.    The FBI suspects arson. The mosque is completely gone. It was burned during the month of Ramadan. Gee. The third fire on its property, and the second in less than a month. The third time. Arson? Really, you think?

I only happened to come across this news as I was perusing some comments regarding the Sikh Temple shooting. There has been virtually no reporting on it. Let me look into my political crystal ball:  A mosque gets burned to the ground, after two previous attempts: The perpetrator will be a white, angry young man, possibly part of a crowd of young angry white men.  I will predict a “white supremacist organization.”

Am I a genius? Maybe.  After all, some of us in the South Asian community understood well before the media confirmed it: the shooting at the Sikh Temple in Oak Creek, Wisconsin was the work of a white supremacist whose name, Wade Michael Page, would only be released hours later And some of us in the progressive pundosphere anticipated well before most details came out about the Aurora, Colorado shootings by James Holmes, that he would be characterized as a quiet, loner type. And at least some of us understood in the hours after the shooting at the United States Army Base in Fort Hood, Texas, that the shooter, because he wasn’t white and because he was remotely “Arab”—and even though he was a soldier and an Army psychiatrist–that his actions would be characterized as those of a “terrorist.”

Why did we know? It’s not that we were psychic or we had a direct line to God. Rather, we have become accustomed to the scripts that American law enforcement, the FBI, and the media run in the aftermath of (too) many mass shootings:

A group of Sikhs shot by a white man? A white supremacist. A group of (mostly) white Americans shot by a white man in the Midwest? In a theater? A loner. In a high school by two white boys/men? Troubled loners. By a man of East Asian origin on a college campus? A deranged loner. An Army base shot up by a Palestinian-American (US Army psychiatrist)? A terrorist (by definition deranged and ideologically zealous). A black man is repeatedly run over by two white boys in a truck? So strange; racism is gone. We have a black president. A black boy gets shot by a white man? Random and probably deserved. Black men on death row for crimes they didn’t commit? Justice prevails. So say the governors who allow them to be executed, and so follow our media.

These scripts are pulled out so neatly, one marvels at the level of organization that allow them to be read out so easily. And yet, like most scripts, they are edited to provide a clear, easy-to-follow narrative that appeals to the audience’s most intimately held beliefs. Those beliefs are drawn out, and impressed again to memorize what our irrational sides fear: those white guys are loners; those young white/Asian men are troubled and deranged loners. Those brown men are terrorists. Those black men are hoodlums and gangmembers.

The Oak Creek Police held a press conference after the shooting at the Sikh temple in Oak Creek, Wisconsin, where they declared that the shooting was an act of domestic terrorism. How did they define an act of domestic terrorism, a reporter asked. The Chief of Police declared that it was an act of terrorism done within the confines of the country, by a person who was not from another country. In fact, domestic terrorism does not exclude acts committed by foreign nationals according to Sec. 802 of the USA PATRIOT Act, one of the first and overarching bills that was passed to combat terrorism after September 11, 2001.

Though his definition was incorrect, his answer was illuminating—because it reflected the fiction that Americans have been trained, through these repeating scripts, to believe: most evil against Americans is committed by foreign (and usually Muslim) men, and most Americans are white.

But part of the newsworthiness of the shooting was that another massacre (and so soon after Aurora) was occurring, but this time against “foreigners.” And so the media became obsessively focused on the non-Muslim brownness of the victims. Perhaps a bit far-fetched.  But how else can we explain the obsessive focus on the “Sikh-ness” of the victims? Or the questions about whether Sikhs as a group have enemies (Didn’t the victims of Aurora, Colorado have enemies?) Or whether “anti-Semitic” acts have been committed against Sikhs in the past? Yes. This was asked by a Fox News broadcaster.

When the Aurora, Colorado movie theater shooting happened the week before, there was no discussion of the “whiteness” or the “Americanness” the victims, even though every one who died was white and American.  In fact, the focus was on how “normal,” how kind, how loving, how smart they were in their roles as children, soldiers, parents, and students. Aren’t the temple-goers also “normal,” kind, and loving? They are a religious people, like so many Americans. Many of them are Americans, like the victims in Aurora, Colorado.

James Holmes, the shooter in Aurora, was also white and American. And so media turned to its usual, Ted Kaczynski script: genius, troubled, loner.  In the case of Oak, Creek, the shooter was white, but since the victims were brown, the shooter had to have been a white supremacist. According to Chauncey DeVega, even white supremacists were hoping he wasn’t one of them.

And now that a mosque has been burned to the ground, we barely hear anything about it. That’s part of the script, too: A mosque? Muslims? Not that interesting. After all, how can Muslims be peace-loving? Don’t they want to kill Americans? They attacked America.

Like most scripts, these are fictional.  But unlike most movies and novels, the FBI and the media outlets that draw on these scripts claim to be reporting the truth. And to move from novelistic narratives to more accurate, documentarian narratives, it is necessary to confront the ideological truths that underlie the mass epidemic of violence that America is confronting. Yes, better gun control can help to manage the violence. Page’s gun was the same type used in Aurora, and in the shooting of Arizona Congresswoman Gabrielle Giffords last year. It was a 9 mm semiautomatic, and it was legal. And it would have been legal even under President Clinton’s 1994 Assault Weapon ban. But the Joplin mosque was burned down. I doubt that banning matches will solve the problem at hand.

Other truths must also be confronted. In large part, the shooters and arsonists who are behind many, if not most of these events in America, are white men.  In large part, these men have either come of age in the shadow of September 11. They have watched the media, heard Department of Homeland Security officials, and followed as mostly white male (and some female) politicians have given the anxious go ahead to wage an enormous war against Muslims abroad (Iraq, Afghanistan, Pakistan) or at home (in the form of the War on Terror).  Several of them have served in a military that follows the orders of two U.S. Presidential administrations by training their men to shoot, invade, drop rockets from helicopters, and drones controlled remotely from Syracuse, NY and other air force bases in the United States.

These white men have learned their lessons well, whether in the military or from hours of media news: the frustrations of a scared (white) America can be dealt with waging a war using guns, bombs, chemicals, and drones.  They have learned that it is ok to kill those who you believe to be behind threats to your comfort. They have internalized the message that those you fear can be addressed without words, without dialogue, but with violence, with power, with coercion. They have learned that some religions are automatically evil and that those who adhere to those religions must be destroyed.  And these white men reflect an ideology of violence that has permeated America in the name of the War on Terror. Sadly, that ideology, perpetuated by our white men and women in power, carried out by American soldiers, and endorsed by a lapdog media, isn’t fading away. It’s becoming bigger, stronger, and more murderous.

These men are not mad or crazy.  They are the well-trained students of American foreign and domestic policies. They have learned well the United States’ message: that violence and mayhem are the answer.  We need to change the scripts, and confront the fallout of a decade of the War on Terror—and other excuses for state-led violence quickly, before the chickens come home to roost.

Mistaken Identities: Hindu Sikhs, Not-Muslims, and Domestic Terrorists

As I heard of the horrific massacre at the Sikh Temple in Oak Creek Wisconsin yesterday, I went online, on Twitter, and to CNN to stay updated. The reports were grim to begin with, identifying at least one white male balding gunman who had attacked worshippers in the temple. The reports became grimmer. The gunman had first been witnessed by several young children. Even grimmer: several adults, including the president of the Temple, Satwant Singh Kaleka, had been shot. Many worshippers, including a number of women and children were still in hiding in the long hours that followed while the police checked whether there were other shooters.

Early on, it was clear that CNN and other media sites had run into a framing problem: How to label the gunman, about whom so little was known? How to characterize the shooting? Was it a ‘hate crime’? Was it “random”? Was it “anti-Semitic”? (Yes, one CNN talking head asked this). As soon as the initial report established that he was white, I wondered whether he would be established as a “loner,” “deranged,” or a “white supremacist.”  I placed my bets on the last category, but only because I didn’t think that Mainstream Media would identify him as a terrorist.

I was wrong.

They did, but only 8 hours later, after a police official described this event as “an act of domestic terrorism.” What was domestic terrorism, the officer was asked? “An act of violence done within the confines of the country…by a person not from another country.”

And even though his definition was legally wrong, his answer was much more revealing. Domestic terrorism is officially defined as

activities that

‘‘ (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

‘‘ (B) appear to be intended

‘‘ (i) to intimidate or coerce a civilian population;

‘‘ (ii) to influence the policy of a government by intimidation or coercion; or

‘‘ (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and

‘‘ (C) occur primarily within the territorial jurisdiction of the United States.’’

(Section 802, USA PATRIOT ACT)

It’s hard to say whether yesterday’s event was intended to “influence the policy of a government by intimidation or coercion.” the clause says nothing about what the nationality of the perpetrator must be; yet the police official revealed precisely the distinction that has become stuck in the brains of millions of Americans: terrorists are brown. If a terrorist is not brown, he must be a “domestic terrorist.” And if he is white: he is a loner or deranged, or “angry” qua James Holmes, Jared Loughner, the Columbine boys.

Another disturbing discourse was the constant striving to frame Sikhs “properly.” From CNN reporters, to Sikhs who were interviewed, to the general public, Sikhs were constantly misidentified.  One initial Sikh commentator grabbed by CNN described himself and others as “Hindu Sikhs.” This descriptor was picked up by the CNN talking heads, who must have received many critical emails and calls soon thereafter, because they then put on Rajwant Singh, the head of a Sikh organization, who tried to explain it away by suggesting that Hindus often worship alongside Sikhs at gurdwaras.  Ok. But it’s like referring to someone as a Muslim Protestant. No such thing.

CNN, rather than making things better, mucked them up worse bringing their “Public Belief Blog” Bot  (B-cubed) on air for 11 hours (or at least it felt that way). B-cubed panned to a scene of Sikh men worshipping, and pointed to their “head coverings,” as “Indian fashion.” Sikhism is only the 5th largest religion in the world (24-28 million worshippers); by contrast, Judaism has 14-18 million followers. ‘Nuff said. Draw your own conclusions.

B-Cubed’s ignorance was mirrored all over the Internets, from commenters on gawker.com, one of whom mistook Sikhs for Muslims, and was “corrected” by someone pointed out that “Sikhs weren’t Muslims,” but he wasn’t sure what religion they were, or what the major religion in India was.  Seriously.

The mis-framing continued: from CNN commentators offering their condolences by pointing out what a horrific day it was for “the Sikh community.” Why was it not a horrific day for every one of us? For every one of our communities?  Because it happened to “Sikhs,” and not “us.”

There was a constant urge from online commenters to point out that the gunman “probably thought he was shooting Muslims.” This urge, echoed by CNN bots and others alike, took the form of “Sikhs are a peace-loving community.” In fact, this has been a refrain that we have heard constantly since September 11, 2001. We see the same refrain in the USA PATRIOT Act (which has NO similar passages about Muslims, btw):

“SEC. 1002. SENSE OF CONGRESS, Public Law 107-56, October 26, 2001

(a) FINDINGS.—Congress finds that—

(1) all Americans are united in condemning, in the strongest possible terms, the terrorists who planned and carried

out the attacks against the United States on September 11, 2001, and in pursuing all those responsible for those attacks and their sponsors until they are brought to justice;

(2) Sikh-Americans form a vibrant, peaceful, and lawabiding part of America’ s people;

(3) approximately 500,000 Sikhs reside in the United States and are a vital part of the Nation;

(4) Sikh-Americans stand resolutely in support of the commitment of our Government to bring the terrorists and

those that harbor them to justice;

(5) the Sikh faith is a distinct religion with a distinct religious and ethnic identity that has its own places of worship and a distinct holy text and religious tenets;

(6) many Sikh-Americans, who are easily recognizable by their turbans and beards, which are required articles of their faith, have suffered both verbal and physical assaults as a result of misguided anger toward Arab-Americans and Muslim- Americans in the wake of the September 11, 2001 terrorist attack;

(7) Sikh-Americans, as do all Americans, condemn acts of prejudice against any American; and

(8) Congress is seriously concerned by the number of crimes against Sikh-Americans and other Americans all across the Nation that have been reported in the wake of the tragic events that unfolded on September 11, 2001.

(b) SENSE OF CONGRESS.—Congress—

(1) declares that, in the quest to identify, locate, and bring to justice the perpetrators and sponsors of the terrorist attacks on the United States on September 11, 2001, the civil rights and civil liberties of all Americans, including Sikh-Americans, should be protected;

(2) condemns bigotry and any acts of violence or discrimination against any Americans, including Sikh-Americans;

(3) calls upon local and Federal law enforcement authorities to work to prevent crimes against all Americans, including Sikh-Americans; and

(4) calls upon local and Federal law enforcement authorities to prosecute to the fullest extent of the law all those who commit crimes.

And we have heard it from many Sikhs as well. The strong implication is that Sikhs were wrongly targeted in many tragic events after September 11, from the murder of Balbir Singh Sodhi in Arizona, to many other Sikhs, because they were mistaken as Muslim. Sikhs WERE mistakenly targeted. Sikhs ARE mistakenly targeted. As ARE Muslims—before 9-11, after 9-11, in NYC, LA, or elsewhere.

Sikhs, like Muslims, and Hindus, are peace-loving. And every one of these groups has a violent, radical, political subgroup with whom most in their group don’t want to be associated. Why then, must we keep insisting that Sikhs are “mistakenly targeted because they aren’t Muslim”? Why can’t we just insist that Sikhs, like Muslims and Hindus, and Catholic, and Aurora, CO moviegoers, Tucson denizens, and Columbine High School students were mistakenly targeted—because they should NEVER be targeted?

This points to probably the most egregious form of misidentification that happened on the waves yesterday: the insistence that religion had something to do with this massacre—that somehow, one’s faith—or lack thereof—has moral implications for whether they live or die, get to be free or jailed indefinitely. And we know that whether one is Muslim or Sikhs will often determine whether they are seen as good or bad people.

Really, people. C’mon. Faith doesn’t kill people (although I’m pretty certain that people kill faith). White men kill people. Supremacists kill people. Young men kill people. And as Michael Moore has famously pointed out, Americans kill people.  So, let’s start looking elsewhere for answers: neither to religion nor easy racial profiling of brown folks.

Let’s start looking to those who lead by example: to the US State, to the Congressmen and women who voted to create a full on War on Terror that would involve hundreds of thousands of civilian casualties overseas, to the Presidents and their henchman who assassinate without due process, and give orders to launch drones all over Pakistan, Iraq, and Afghanistan—easy killing without the mess.  Their examples send the message to young white men that if they don’t like someone, they should kill them. And we wonder why Americans are so violent.

Illegality and Idiocy: Only One Can Be Solved for Sure

Yesterday, the New York Times published a roundtable “Room for Debate” on whether it is wise for undocumented persons should “come out.” Now, I thought that it was the NYT who decided to apply the term “coming out” to undocumented persons, and was prepared to lambast their self-serving idiocy yet again. But, apparently that honor goes to some law faculty who used the term. Still, one wonders why the NYT would load the decks against undocumented migrants by associating with them a term that symbolizes the singular moment when LGBT folks publicly registered their sexuality. “Coming out” to others about being gay, or bi, or trans is a unique moment, and to “borrow” it for another charged issue sets up the field against undocumented migrants. This is not a neutral way to introduce the issue.

So why does the messy vitriol and rich, creamy idiocy of Americans continue to surprise me? Probably because I’m an overwhelming optimist and think that if people are given information that counters what they think they know, they will somehow change their minds. First mistake of the day, and I haven’t had my coffee yet.

I try never to read the comments sections of incendiary issues like these, but it’s a bit like finding porn on the tube: so lurid, and yet so hard to stop watching. The comments section attached to this roundtable read as if they were written by the gay (and straight) and liberal (if their self-identification is to be believed) Daughters of the American Revolution and the Minutemen:

(I’m paraphrasing) I’m gay, but I’m against illegals…I’m gay, but there was nothing I could do to change that. Illegals, on the other hand, could….the children of illegals know they’re doing something wrongThe Constitution is…get ready, wait for it…for CITIZENS. WTF?

So…umm, Black Slaves were doing something wrong by being slaves? Women who wanted the right to vote were evil beings, because the Constitution didn’t count them as citizens? Even the very same GLBT (again, if their self-id is correct) folks railing about “illegals” on the pages of our very own version of Pravda have so conveniently forgotten that their very presence was considered criminal until—well even now, in some states, their sexuality is STILL criminal.

Really, watching so-called liberals who have been the target of legal persecution now cloak themselves in self-serving double-standards is like watching Wolf Blitzer pretend to be a hard-hitting investigative reporter: grotesque and fascinating all at once. I keep forgetting that being liberal is not even closely connected to being progressive. Mistake #2. And let’s stop pretending shall we? Gay, lesbian, trans, or straight, these commenters are not just railing about undocumented migrants, they are simply anti-immigrant. No, just stop protesting. Let’s engage in a thought experiment, shall we?

They should stop cutting in line. They should apply legally, like the millions of others who did. Please. Suppose, by some miracle, the gods magically turned the members of Congress into un-selfserving, moral beings, and that they passed a law that opened up the borders to all migrants who wanted to enter, you’d stop bitching? Really? You’d suddenly turn around and say…”Well, I’m so glad that Latinos can now migrate here legally. It’s wonderful to see the rich additions of so many Mexican migrants to our country.” Please, just stop hiding behind the veil of legality; just say it: By passing the buck to Congress, you’re indicating that you’re pretty happy with the status quo.

I keep forgetting that being a target of persecution doesn’t make one free of hypocrisy. Mistake #3. Just look at Israel’s policies toward occupied Palestine, or genocidal tendencies of the religious dissenters who founded the American colonies toward the Native Americans. Gay and straight liberal denizens who object to “illegals” (sure, we’ll pretend that it’s just about undocumented migrants for a minute), could use some history lessons, not to mention lessons in conceptual logic. To paraphrase that famous moral thinker, Forrest Gump, legal is as legal does.

Here are some interesting facts about legality:

Laws are made by human beings (originally this meant white men with power; now men and women– white or otherwise, straight or gay–with power). That means laws are based on the (unreliable and varying) emotions of men and women in power (In philosophy, we like to pretend that this is called “rational thinking). And that means laws are almost always self-serving, designed to protect those with privilege (and that includes you, my LGBT anti-immigrant neighbors). Recall

The Treaty of Guadeloupe Hidalgo, which annexed parts or all of California, Texas, Arizona, New Mexico, and Colorado, and several other states from Mexico.

The Black Codes, which made it illegal for Black Americans to be found without an employer (this is the original anti-loitering law, fyi), among other things. These are some pretty heinous laws criminalizing ex-slaves.

Bowers v. Hardwick, which ruled that a Georgia sodomy law was constitutional). Umm, btw, sodomy is still illegal—if you’re gay—in Kansas, Texas, Montana, and Oklahoma. And illegal for everyone in the rest of these states.

The boundary between legality and illegality changes constantly, as we know. It is true that we’ve had continuous prohibitions against migrants since the mid-1700’s. But those restrictions have ebbed and flowed—often because of the victory of racist fears rather than because of any real danger: The Chinese were the target of exclusion laws in 1882, after the US had finished exploiting them to build the TransPacific railroad. Japanese laborers were excluded in 1906 for similar reasons. In 1901, Samuel Gompers, the president of AFL and still today the hero of many unions, championed the restriction of all Asian migrants in order to strengthen support for white workers. Similar restrictions were applied to other Asian, African, and Hispanic groups throughout the 20th century. No, I’m not putting up links to all of these examples. Read some history, or take an Ethnic Studies class. Unless you’re in Arizona, because ignorance is legally championed out there. Whoo-hoo.

Among the comments from folks self-identifying as gay and opposed to undocumented migrants in this country was a remark about how one can’t help being gay. As we know, this logic has been debated for decades (including by feminists and various celebrities who identify as gay or bi).

Regardless, let’s talk about what is natural, since that’s really what it means to insist that one doesn’t have a choice of being gay or straight. It’s pretty natural for human beings to have a survival instinct, or at least to avoid being killed (do I really need to provide evidence for this? Just watch any Youtube footage of tourists being attacked by sharks.  Or WikiLeaks footage of Iraqi civilians running for cover as bombs are dropped on them). Given the US’s imposition of NAFTA and various nefarious drug interdiction and money-lending policies on Mexico, and the subsequent decimation of its internal safety-net and infrastructure, it seems pretty natural to do whatever is necessary to keep oneself and one’s family alive. Is it any wonder then, that despite the remarkable, ludicrous attempts by the US to build a border, to assign hundreds (thousands?) of Border Patrol agents, to make life insufferable for border-crossers, that Latinos—or folks of any descent who are suffering poverty, persecution, war, drug wars–are willing to risk life and limb in an effort to ensure the survival of themselves and their families, let alone live decently?

Now, I agree that “coming out” is an inappropriate term to appropriate for the question of whether undocumented migrants should publicize their status, but let’s not have that detract us from the question at hand, namely whether taking such a risk will be beneficial, and perhaps, enable people to sympathize with them.  That is a genuine question, but one that needs to be decided by folks who are in the precarious position (and sympathetic lawyers).

In the meantime, let’s stop pretending that because migrants have entered this country at this particular moment, they’re somehow committing a grand moral travesty. They are doing what any of us would want to do, if faced with the choice between certain death or immiseration or an alternative somewhat less worse. “Illegality”—criminalizing people–is a matter of the moral preferences and whims of the privileged, not of human beings trying to survive. So, please stop insulting me with your insistence that we have to abide by the “rule of law.” Laws can be changed. Idiocy, on the other hand—well, I’m not so sure.