Colorado voters had the choice on November 8 to decide whether or not to abolish a loophole in the state’s constitution that makes slavery legal as punishment for a crime. Lawmakers from both parties unanimously decided to put the question on the ballot and there seemed to be no opposition to the effort, as no one campaigned against it.

That’s why it was such a shocker when it turned out that a majority appears to have voted against the measure. All of the votes have still not been counted, but by late Thursday there were almost 35,000 more “no” votes than “yes” votes, out of 2.3 million ballots cast.

Many were upset after the election:

Colorado votes NOT to remove language of slavery from state constitution. This is even more concerning than other results today.

— Matthew Bentley (@bentleymaja) November 9, 2016

Colorado voted a minimum wage increase while simultaneously voting to keep slavery in the constitution for criminals. Huh?

— John Livingston (@JohnLivy) November 18, 2016

Colorado, I’m confused. You voted for Clinton, to keep slavery legal, to legalize assisted suicide, & made it harder to propose amendments.

— Suzi Q Smith (@suziqpoet) November 9, 2016

It seems unbelievable that over a million people in a state that recently voted to legalize recreational marijuana would also vote against completely getting rid of slavery. And when it dawned on lawmakers why the results turned out as they did, they probably slapped their heads. The question was worded like this:

Shall there be an amendment to the Colorado constitution concerning the removal of the exception to the prohibition of slavery and involuntary servitude when used as punishment for persons duly convicted of a crime?

Would you know whether to check the “yes” or “no” box?

“I think people were confused by the language,” Democratic Representative Joe Salazar told the New York Times. “I don’t think this was a pushback at all by individuals saying they wanted slavery in the Constitution. I just think the language was too confusing.”

The exception to the prohibition of slavery, which allowed for the practice as a punishment for a crime, was added in 1876, which was after slavery was abolished nationally in 1865. But since it was not widely known that the language exists in the constitution, activists think that people might have misinterpreted it. In addition to the confusing language on the ballot, some believe that voters could also have been thrown off by a voter guide that was sent to every Colorado voter. The guide is required to contain arguments for and against ballot measures and it said that the proposition could lead to legal ambiguity, although experts were not actually concerned.

Lawmakers are determined to try one more time, but next time with simpler language. “We’re going to do it again,” Mr. Salazar said. “We’re going to make sure we finally rid the Constitution of that language.”

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Colorado Votes to Keep Slavery in State Constitution (Really) appeared first on Law Street.

For the first time in history, historians believe, a university president met with a descendant of slaves that worked as laborers on its campus. Georgetown University president John J. DeGioia took this historical first step Tuesday in Spokane, Washington, in an attempt to make amends with Georgetown’s slave-owning past.

DeGioia met with Patricia Bayonne-Johnson, the great-great-great granddaughter of Nace and Biby Butler, two of the 272 slaves Georgetown sold in 1838–the proceeds partially went to paying off the school’s debts in a time of financial distress. The two chatted at the local library for 45 minutes before heading to lunch at the nearby Davenport Hotel.

“I wanted to show him my family, that they are real people,” Bayonne-Johnson, an amateur genealogist and retired teacher, said, adding that she respects DeGioia’s efforts to “to honor the sacrifice and legacy” of her ancestors.

In 1838, Georgetown University was financially struggling, and sold 272 of its slaves for about $500,000, roughly the equivalent of $3.3 million today. Jesuit priests, who founded and operated the university, owned the slaves. The slaves were sold to Louisiana, uprooting and separating dozens of families.

For years, Georgetown University swore that there were no living descendants of the slaves the school sold back in 1838. But Georgetown isn’t the only university grappling with ties to slavery and racism–dozens of others across the nation have recognized their pasts as well. In the fall, students at Georgetown pushed for the removal of the names of two former university presidents from campus buildings due to their involvement in the slave sale.

DeGioia agreed to change the names of the buildings, and went a step further and created a committee dedicated to deciding the university’s response to its past. The list of possibilities includes: apologizing for profiting from slave labor, creating a memorial to those that were enslaved, or providing scholarships for their descendants. The report is expected to come out this summer, according to DeGioia.

Inspired by the protests last fall, Georgetown alum Richard J. Cellini founded the Georgetown Memory Project, a nonprofit to help find and support the descendants of the slaves who were sold. Bayonne-Johnson is involved in the project, along with seven other genealogists and several researchers.

Earlier this year, the university built an online digital archive that consists of records describing the slave sale and the Jesuit and Louisiana plantations. Craig Wilder, a historian at the Massachusetts Institute of Technology applauded how Georgetown is handling their past. “Georgetown has made a decision to recognize the humanity of the problem they’re dealing with, to treat it as more than a public relations problem,” he said.

Inez Nicholson

Inez is an editorial intern at Law Street from Raleigh, NC. She will be a junior at North Carolina State University and is studying political science and communication media. When she’s not in the newsroom, you can find her in the weight room. Contact Inez at INicholson@LawStreetMedia.com.

The post Georgetown President Meets With Descendant Of Sold Slaves appeared first on Law Street.

Ferrero, the chocolate company that manufactures international favorites such as Nutella and Ferrero Rocher, is on track to reach over $10 billion in profits this year, making it the world’s third largest chocolate producer. This growth is especially impressive considering that in 2006, Ferrero’s turnover stood at only 5.6 billion. But in light of this news, there is a problem that Ferrero is still working on addressing: child slavery on cocoa farms.

It’s important to note that Ferrero is not alone in this issue. In 2001, leading companies of the chocolate world made a collective promise to eliminate child labor from their supply chain by 2005 but the year came and went without an end to abusive labor practices. The deadline was pushed back to 2008, then to 2010. Ferrero appears to be the only one of those companies that set a secondary deadline for the project. In 2012, Ferrero pledged to end slavery on the farms where it harvests cocoa by 2020. Other leaders in the industry followed this pledge, but chose to amend their commitment to reducing child labor in Ivory Coast and Ghana by 70 percent by 2020 (rather than eliminating it entirely). Ferrero made a bold commitment in 2012–but is it one that the company can feasibly deliver on? Read on for a look at the company and the controversy over eliminating child labor in the chocolate industry.

What is Ferrero?

History

In 1946, Pietro Ferrero invented a cream of hazelnuts and cocoa. Hazelnuts were a creative addition to confectionery during wartime rationing, which limited the use of chocolate. Together with his brother, he launched a company to sell the product, which was eventually taken over by his son, Michele. Michele re-branded the spread as “Nutella,” opening production and sales offices worldwide in the wake of World War II.

Nutella became integral to Italian life, even sponsoring the national soccer team for three years beginning in 1988. Nutella was central to the “Made in Italy” brand but Ferrero also operated the Ferrero Rocher line of pralines, Kinder chocolate bars, and Pocket Coffee chocolates. By the time of his death, Michele Ferrero had unseated Silvio Berlusconi as the richest man in Italy–he had a net worth of an estimated $23.4 billion. In 1997, Michele’s sons Pietro and Giovanni took over the company and ran the brand successfully, but after Pietro’s death in 2011, sole responsibility fell to Giovanni.

A Media Shy Chocolate Megalith 

The family was, and still is, private to the extreme. Michele Ferrero did not hold press conferences or engage at all with the media, even going so far as to block tours of the company’s factories.  Ferrero has cultivated an almost mystical brand reinforced by the control the Ferrero family holds directly over the recipe, the production, and the marketing of their products. Although the company is headquartered in Italy and operates largely from its base in Alba, it is still reliant on West Africa for cocoa. Nutella, interestingly enough, also relies on sugar from Brazil and palm oil from Malaysia, which means West Africa may not be the only place where brutal labor practices have been a concern.

Child Labor and Slavery in the Chocolate Industry

The world’s largest chocolate producers rely on West Africa–especially the Ivory Coast and Ghana–for cocoa. The combined GDP for both countries is just a fraction of the billions of dollars in sales that international chocolate companies like Nestle pull down annually. Cocoa is generally produced by farmers living in extreme poverty, and child labor is common on the majority of cocoa farms. Children are often sold into slavery by their parents or kidnapped. The average work week can last from 80 to 100 hours and while working on the farms, these children receive no salary or education. The living conditions are brutal, as children are often beaten and rarely well fed.

Tulane University conducted a study in the 2013-2014 growing season that revealed approximately 2.1 million children were involved in objectionable labor practices on cocoa farms in both the Ivory Coast and Ghana. In 2015, three California activists filed a lawsuit against Hershey, Mars, and Nestle for not advertising that their products were made using child labor but the likelihood of that civil action suit coming to fruition is slim. This past September, Nestle commissioned a report from the Fair Labor Association (FLA) which presented the following results:

Researchers visit 260 farms used by the company in Ivory Coast from September to December 2014. The researchers found 56 workers under the age of 18, of which 27 were under 15…Researchers from the FLA, which was commissioned by Nestlé to investigate workers rights on its west African farms in 2013 amid international pressure, found child workers at 7% of the farms visited. Nestlé’s code of conduct prohibits the use of child labour in its supply chain.Though researchers found Nestlé had made substantial efforts to inform farmers about its code of conduct, awareness of the code was low among farmers, with farmers sometimes unable to attend training sessions due to either “lack of interest or time”. The FLA also found that farms lacked any kind of age verification system for workers.

Ferrero has not commissioned a similar report but because almost all of the major chocolate providers rely on the same farms within Ivory Coast and Ghana, concerns from critics allege that conditions are similar on its farms. Ferrero has called out for an end to child slavery and forced labor, but if farmers are ignoring that call to action, like those interviewed for the FLA report, then the company may not be on track to meet its 2020 goal.

 Conclusion

Ferrero has officially displaced Nestle to become the third largest chocolate producer in the world, which means that the company will be centered in the international spotlight like never before. The Ferrero family may have historically been secretive about their business to protect it from corporate espionage but that does not mean they should be allowed to be anything less than transparent when it comes to their labor practices. There are dozens of smaller chocolate companies that have successfully eliminated child and slave labor from cocoa production on their farms, and particular light is being shed on Ferrero (and other leading chocolate companies’) practices. The moment may have come for Ferrero’s leadership to divert attention and resources to reforming the cocoa farms behind their famous chocolate.

Resources

The Local: Italian Chocolate Giant Ferrero to Eclipse €10bn Turnover

Reuters: Michele Ferrero, Owner of Nutella Empire, dies at 89

CNN: Ferrero Sets Date to End Cocoa Slavery

BBC: News; How the World Went Nuts for a Hazelnut Spread

New York Times: Michele Ferrero, Tycoon Who Gave the World Nutella, Dies at 89

Fortune: Was Your Easter Chocolate Made with Child Labor?

Fortune: Inside Big Chocolate 

The Daily Beast: Lawsuit: Your Candy Bar Was Made By Child Slaves

The Guardian: Child Labour on Nestlé Farms: Chocolate Giant’s Problems Continue

The Huffington Post: Chocolate and Child Slavery: Say No to Human Trafficking this Holiday Season

Jillian Sequeira

Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

The post Chocolate Company’s Growth Puts a Spotlight on Child Labor in West Africa appeared first on Law Street.

Former Alaskan Governor Sarah Palin is threatening to sue rapper Azealia Banks after a mixup over a satirical article spawned a profanity-laced Twitter feud that is definitely NSFW.

The feud probably came as no surprise to hip hop fans, since the “212” rapper’s fledgling music career has easily been overshadowed by her propensity for internet trolling.

When Banks isn’t calling flight attendants “f*ggots” or renaming Iggy Azalea “Igloo Australia,” she lets her “trigger fingers turn to twitter fingers” by inciting nasty feuds with celebrities seemingly at random.

However, the normally unapologetic rapper may have just swallowed a bit of her pride after Palin threatened to take legal action if Banks didn’t issue a public apology.

But before we get to that, let’s recap the bizarre timeline of events that got us here.

March 31:

A satirical website posted an article with a clickbait title claiming to quote Palin as saying “Even The French Understand That Slavery Wasn’t Our Fault, Because The Negroes Liked It.” Fake Palin went on to say,

I’m going to say it once again loudly and clearly: Negroes loved being slaves and they were doing just fine under our rules. So, you see, you can’t really blame us for any of it, not legitimately.

April 3:

Banks presumably stumbled upon said article (clearly not knowing that that it is fake), and launched into one of her notorious Twitter rants.

The tweets have since been deleted, but not before someone at the Media Research Center quickly managed to snag screenshots that can be seen here.

***Warning: This is where the NSFW part comes in

Banks writes:

12:42 am

Sarah Palin needs to have her hair shaved off to a buzz cut, get headfucked by a big veiny, ashy, black dick then be locked in a cupboard.

12:44 am

Hideous. At least suk a nigga dick or summ’ before you start talking shit about “black people willingly accepting slavery”. Least she can do

12:46 am

Honestly… Let’s find the biggest burliest blackest negroes and let them runa train on her. Film it and put it on worldstar.

April 4

Breitbart publishes an article titled “Rapper Azealia Banks Calls for Sarah Palin to Be Gang-Raped by Black Men.”

April 5

(This is point where deciphering the timeline got a little bit messy, so I’m going to break it down by event.)

Palin Responds on Facebook

Palin responds to the article by writing an open letter to Banks on her Facebook, in which she writes,

Hey Female Rapper – listen up, little darling. No one has any idea what you’re wigging out about in these bizarre, violent rants against me, but you’re obviously not exercising enough intelligence to acknowledge you’ve been sucked into believing some fake interview in which I supposedly offered comments representing the antithesis of my truth.

Palin then promises to check her daughter’s playlist to make sure none of Banks’ “anti-woman, pro-rape garbage” is on it.

Legal Threats Are Made

Taking Trump’s lead, Palin then tells People Magazine in an interview that she plans to take legal action against Banks “on behalf of all reasonable women of every age, race and political leaning” if Banks doesn’t issue a public apology.

Banks Responds on Twitter

LOL, if Sarah Palin actually decides to sue me i’ll only use the controversy to make myself an even larger American Cultural Figure.

— AZEALIABANKS (@AZEALIABANKS) April 5, 2016

The Sarah Palin page in history will be condensed to a footnote in the Azealia Banks chapter. Well behaved women seldom make history.

— AZEALIABANKS (@AZEALIABANKS) April 5, 2016

Everyone can tell you’re spreading them cheeks for Mr. Trump Sarah….. you ain’t got to lie.

— AZEALIABANKS (@AZEALIABANKS) April 5, 2016

Then She Kinda Apologizes

In a now-deleted letter posted to her Tumblr, Banks combines a mix of flattery and insults to pen what very well may be the strangest apology ever. At one point Banks attempts to explain to the 52-year-old politician the distinctions between “running a train” on someone and rape, as well as ends the letter by saying that “if Bristol Palin listened to my music she probably wouldn’t have all those cotdamn kids!!!! ;-P #sis #iud #stayinschool #causeitsthebest””

So…now you should be all caught up.

It’s extremely doubtful that Palin will actually accept Banks’ apology, especially since the rapper’s recent Twitter feed has become largely devoted to mocking Palin. That being said, a legitimate lawsuit doesn’t necessarily seem all that likely either. For now, all we can do is sit back and wait for Palin’s response.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Azealia Banks’ Feud With Sarah Palin is Bizarre and Definitely NSFW appeared first on Law Street.

In the 21st century, African-Americans enjoy more equality and freedom in the United States than ever before. However, in just the past few years, issues of civil rights have once again come to the forefront. The ruinous relationship between young black men and law enforcement has rapidly ascended to the height of public discourse and consciousness–at a level not seen since the 1960s and 1970s. Although there has been robust discussion regarding police-minority relations, a more comprehensive discussion of institutional racism in the media and the black identity it contrives has seldom been had.

Many theorize that this black identity may be a significant impediment to economic mobility within the black community, especially when many black boys will grow up either wanting to be like Michael Jordan or Tupac Shakur. Achieving that level of fame in athletics and music is clearly difficult to accomplish, so when these boys don’t make it, criminality can become a third path that is both viable and desirable. Critics of the black identity argue that possibly it is the legacy of the past that is reinforcing these career paths and preventing progress. Read on to learn about this criticism of the modern black identity, its roots in slavery, and its perpetuation in the media.

Athletics

Courtesy of Cliff via Flickr

Succeeding in sports, particularly basketball and football, is a status symbol in American society as a whole, but even more so in the black community. As John Milton Hoberman states, “the celebration of black athleticism as a source of clan pride exists on a scale most people do not comprehend.” Athletic greats like Muhammad Ali, Michael Jordan, Jim Brown and many other black athletes enjoy a high level of reverence in their cultural community and function as role models for young black males. From a young age black males, many of whom live in areas of poverty, view these athletes and their humble backgrounds as a way out of poverty and the ghetto. They then begin to define themselves in terms of their athletic ability.

As Professors S. Plous and Tyrone Williams of Wesleyan University point out, this emphasis on athletic prowess today is predicated upon the emphasis on physical capabilities which once made slaves valuable. Slaves who were stronger and more physically capable were more proficient in their labor. Similarly, in the 21st century, many argue that too many black teens are infatuated with physical abilities through the medium of sports. The importance of African-Americans being physically more capable began in slavery, but has since evolved into a norm and a source of pride in the black community. There’s a worry that today it amounts to deluding young black male teens into undermining their education in favor of an improbable athletic career. These critics of the modern black identity point out that slaves did not enjoy the luxury of an education. Therefore, quality education is the necessary first step to reform these stereotypes and place black youth on attainable paths to success.

Music

Courtesy of Alex Const via Wikimedia Commons

Musical endeavors in the black community are also very common, however, as with sports, the music industry is a difficult field to break into. Nevertheless it is pursued vehemently by black youths. This emphasis on music, according to some, is also rooted in slavery. Slaves used music as a way to retain their African culture and as a coping mechanism to numb the pain of slavery. Author Megan Sullivan describes their negro spirituals as a type of “musical rebellion” in an essay writing,

Subsequent generations of Africans gradually became African-Americans as a rich culture infused with music developed under the harsh conditions of slavery. White Americans considered African-Americans separate and unequal for centuries, going to extraordinary lengths to keep Negroes oppressed and apart. Yet behind the strict, segregating curtain hung between ‘Black’ and ‘White,’ African-Americans created a distinctive music that sank its roots deeply into their American experience and drew from it an amazing evolution of sound that has penetrated that racist fabric and pervaded the entirety of American culture. Music became a way to remain connected to their African heritage while protesting the bleak conditions African Americans faced throughout history. Musical protest took on assorted forms and functions as Blacks strove to advance their social station while simultaneously retaining their cultural heritage.

These songs of slavery create an interesting parallel with rap and hip hop music, which also was conceived in a furnace of racial inequality and oppression, although in inner cities rather than cotton fields. Yet these critics of music’s preeminent role in black culture argue that we must acknowledge that the inner cities require a more nuanced approach to success, and not an insistence on past principles. They argue that historically music was utilized as a means of rebellion and defiance because it was absolutely necessary as millions were treated as subhuman. The argument follows that today’s music, specifically rap, is often used as a means of defiance, but is less needed as there are more constructive outlets now than in the time of slavery. This is especially true as some rap music continues to glorify and condone the third principle, criminality.

Criminality

Criminality is certainly not praised and revered in the black community as musical or athletic pursuits. However, according to black identity reformers, when the two fail, criminal behavior in many black communities is not only seen as palatable, but glorified, as it represents a form of rebellion against oppression. The emphasis on music, particularly rap music, perpetuates this glorification of criminality and further validates the lawlessness.

Interestingly, this is directly analogous to the conditions of slaves. As Sullivan mentioned, music was a means to organize rebellions and protest for slaves. Indeed the act of responding to oppression through crime as a justification for the lawlessness is also rooted in slavery. In the days of slavery, it was criminal for a black slave to seek liberty and equal rights as delineated in the Declaration of Independence. Since black slaves were strong willed and conscious of their inalienable rights, many valiantly and fearlessly sought liberty even though at that time this constituted criminal behavior. In the same manner that criminality was conceivably deemed desirable by the black slaves seeking liberty, criminality continues to be deemed acceptable by some black Americans today fed up with their disparate equality of liberty, relative to other members of American society. Of course, according to proponents of fundamentally altering the black identity, there is a difference. They argue that in the past civil disobedience and criminality were morally justified, but today are morally ambiguous if not reprehensible.

The Role of Media

According to reformers, media plays a big role in the black community’s continued emphasis on physical and musical capacities, as well as criminality. Possibly some of the most prevalent black individuals on television are athletes and rappers, that latter of whom then-Senator Barack Obama stated, “move our young people powerfully.” Given that poor children–many of whom are black– watch significantly more television than their peers, the types of people they see on television play a more imperative role in their process of socialization.

Media also plays a role in reinforcing the criminality of black males. Stephen Balkaran describes this bluntly saying, “media have divided the working class and stereotyped young African-American males as gangsters or drug dealers.” The portrayal of black males as criminals is already destructive enough in the context of news and film, but it becomes further amplified when artists choose to focus on themes which are criminal in content.

These three identities are not mutually exclusive, making it difficult to eradicate one without eradicating the other. This is observable with rappers who also serve as gangster icons, or black athletes who emulate criminals and rappers themselves. Making distinctions between the three becomes exceedingly difficult, as they are in some ways monolithic and unified; seemingly cornerstones of black culture.

Yet the individuals who embody each precept hardly pay the price, because they are rich, successful, and most of all, lucky. It’s the young teen who attempted to act out the rap lyrics to his favorite song that gets tried as an adult, and it is the 25-year-old former high school basketball star who gets stuck working a low wage job who ultimately suffer. Therein lays the deceptiveness of media portrayal of the three principles. These figures on television are conspicuously wealthy and successful, yet when young impressionable teens attempt to emulate the behavior, they end up disappointed and disadvantaged.

Conclusion

No one is suggesting that a complete rejection of athletics or musical pursuits is necessary or welcomed. Obviously music and athletics are essential components of black culture and of American culture, generally. However, according to this theory of the black identity, the black community may need to recognize that the ubiquitous emulation of athletic ventures, music, and criminality, is not helpful.

In the face of the widespread institutional racism that continues to pervert Americans culture and disadvantage blacks, a more inclusive definition of blackness is needed–one which leaves room for black intellectuals and professionals to serve as apt role models. Once children expand their horizon and realize they are not limited to a binary decision, we will begin to see a widespread economic ascension in the black community that is advantageous to all members of society. America is a multicultural society and there exists social tensions; but no group rises or falls on its own accord.

Resources

Primary

Stanford Ethics of Development in a Global Environment: Portrayal of Minorities in the Film, Media and Entertainment Industries

Cornell: African-American Music as Rebellion: From Slavesong to Hip-Hop

Wesleyan University: Racial Stereotypes From the Days of American Slavery: A Continuing Legacy

Darwin’s Athletes: How Sport Has Damaged Black America and Preserved the Myth of Race

              History is a Weapon: Slavery and Prison – Understanding the Connections

Additional

              History is a Weapon: Slavery and Prison – Understanding the Connections

CBS News: Barack Obama Clarifies Views On Rap

Huffington Post: Watching TV Can Lower Children’s Self Esteem, Study Finds

The Atlantic: The Data Are Damning: How Race Influences School Funding

NCAA: Probability of Competing in Sports Beyond High School

Mother Jones: Obama Encourages Students to Abandon Hopes of Becoming Great Rappers

    City Journal: How Hip-Hop Holds Blacks Back

John Phillips

John Phillips studied political science at the George Washington University. His interest are vast, but pertain mostly to politics, both international and domestic, philosophy, and law. Contact John at staff@LawStreetMedia.com.

The post Legacy of the Past? Slavery’s Impact on Modern Black Identity appeared first on Law Street.

In 2008, the film “Taken” shocked America and launched a blockbuster trilogy success. The movie wasn’t just gratuitous action scenes, however–it offered a lens into the world of human trafficking. It included a common stereotype that human trafficking doesn’t occur in the United States, and that it’s the rest of the world’s problem. This is not true–trafficking does happen here in the U.S. and it’s a big issue. Here’s a breakdown of everything you should know about human trafficking in the U.S.

What is human trafficking?

According to the Office of Refugee Resettlement, “victims of human trafficking are subjected to force, fraud, or coercion for the purpose of commercial sex or forced labor.” It exists in rural, suburban, and urban locations. Human trafficking is sometimes known as modern day slavery. It usually occurs in the U.S. when people from other nations are brought in illegally to serve as free labor.

Read more about ending modern day slavery.

Human trafficking commonly brings to mind confinement, blindfolds, and drugs. Sometimes that can happen, but human traffickers also practice more subtle approaches. They influence their victims with various means, including:

• Debt Bondage: Captors will claim their victims owe a debt. The debt is paid in exchange for forced sex or labor.
• Public Isolation: Keeping victims from family, friends, work associates, and religious groups can cause victims to feel helpless and weaken their resolve to fight back.
• Confiscations of identification/traveling documents (Passports, visas, identification cards, etc.): Foreigners smuggled into the country need proper documentation to leave the country. The applications for documentation can be tedious and cause embarrassment, especially if they don’t have the identification required.
• Shaming: Human traffickers will threaten exposure to victims’ families, particularly if the victim has been forced to engage in sex work.
• Threat of Deportation/Imprisonment: Victims are threatened to be exposed to immigration authorities for violating immigration laws.
• Financial Control: Traffickers will withhold their victims’ money for “safekeeping,” making it impossible for the victims to set out on their own.

Each of these strategies is designed to make victims feel helpless and alone.  A demoralized victim is a weaker victim. Empowered victims are more likely to run away, alert authorities, and/or take a stand.

What happens to the victims of human trafficking?

There are long-term damages to victims of human trafficking. Tragically, a large percentage of these victims are children. Physically, victims of human trafficking can suffer from disease, stunted growth, and malnutrition. Psychologically, many victims will bypass key social, moral, and/or spiritual development. They can feel ostracized from the outside world. They are also at higher risk to fall victim to similar crimes again.

Statistics

It is important to note that due to the invisibility and nature of these crimes, statistics vary widely. While the following statistics are based on estimates, they’re still very disturbing.

Globally

There are quite a few estimations, but there are approximately 27 million slaves around the world, although only six percent are considered “identified.” There 800,000 people  trafficked across international borders every year, and one million children fall to the commercial sex trade. Of all the world’s trafficking victims, 80 percent are women and children. There are currently 161 countries affected by human trafficking, which is a $32 billion industry.

United States

In the United States, the average entry to prostitution is 12-14 years old. Previously sexualized victims and runaways are high-risk victims. Domestically, between 14,500 and 17,500 victims are trafficked into the United States annually. California has the highest volume of sex trafficking areas. The top 20 highest volume cities include Houston, El Paso, Los Angeles, Atlanta, Chicago, Charlotte, Miami, Las Vegas, New York, Long Island, New Orleans, Washington D.C., Philadelphia, Phoenix, Richmond, San Diego, San Francisco, St. Louis, Seattle, and Tampa.

Case Study: Inside the FBI Weekly Podcast

A 2009 podcast, “Inside the FBI,” details the account of a prominent U.S. human trafficking case. In it, Neal Schiff interviews FBI Special Agent Tricia Whitehill. She was involved in a case where multiple members of the Vasquez-Valenzuela family were indicted for “conspiracy, sex trafficking, and various immigration offenses.”

The investigation all started in 2006 when the family’s taxi driver called in a tip to CAST, the Coalition to Abolish Slavery and Trafficking. He remained a source throughout the investigation. The family had brought in girls in their teens and early twenties from Guatemala to the U.S. The family targeted poor and uneducated girls, some of whom did not even know their own birthdays. The Vasquez-Valenzuela family lured the girls back to the U.S. by promising them jobs in the jewelry and restaurant industries.

Once the girls were successfully smuggled, they were told they owed a debt that had to be paid in prostitution. If the girls didn’t initially comply, they were threatened with violence, witchcraft, and the death of their families. After the arrests of eight out of the nine offenders, one family member was left unaccounted for and went on the run. She was finally weeded out of hiding through the help of publicity and the general public. Public awareness can make all the difference. The leader of the family received the toughest sentence of 40 years in prison.

While this was a case in which the traffickers were successfully apprehended, in many more instances that’s not the case, even in the U.S.

What legislation does the U.S. use to fight trafficking?

Side by side with public awareness, strong legislation is key to the battle against human trafficking. Here are some of the most important laws addressing human trafficking here at home.

The Trafficking Victims Protection Act of 2000

Long overdue in 2000, this act officially made human trafficking a federal offense. A federal crime is prosecuted under federal criminal law. It also includes provisions for the victims, including federal and state assistance, asylum in the U.S., and shelter and counseling.

Intelligence Reform and Prevention Act of 2004

This law established a Human Smuggling and Trafficking Center to “serve as a focal point for interagency efforts to address terrorist travel.” It promotes cooperation between state, federal, and intelligence agencies in this effort. It also requires an annual assessment delivered to Congress “regarding vulnerabilities in the United States and foreign travel system that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators.”

Civil Asset Forfeiture Reform Act Of 2000

A large percentage of human trafficking occurs in the labor industry, for example in restaurants. This legislation creates investigations into properties suspected of human trafficking and alerts property owners. This prevents the ability of owners to claim ignorance of criminal activity on their property.

Activism to Fight Trafficking

In order to end human trafficking, legislation won’t be enough. Here are some of the steps that others have taken to attempt to combat human trafficking.

Polaris, CAST, and CCO

In September 2014 in a valiant effort to raise awareness against human trafficking in the greater Los Angeles area, Polaris, a non-profit organization fighting against human slavery, CAST, and Clear Channel Outdoor (CCO) announced their collaboration. CCO donated 25 digital billboards, 20 conventional billboards, and 20 transit shelter posters. The campaign ran in Spanish and English.

The campaign focused on two aspects. First, it promoted the National Human Trafficking Resource Center, a 24-hour, multi-lingual hotline designed for victims and members of the community. The campaign also encouraged victims to come out of the shadows and seek the help they deserve. The campaign tried to induce a sense of community for victims feeling alone.

The promotion also brought on board regionally elected officials and spokesmen like former NFL player and actor Terry Crews. He championed the cause saying:

Modern slavery is the husband coerced through violence to harvest crops, it’s the mother forced to work excessive hours as a domestic servant with little pay, and it’s the daughter sold online for sex against her will. Modern slavery is the 20.9 million people worldwide estimated to be victims of sex and labor trafficking, and we must do what’s in our power to restore their freedom. The more we raise awareness about the help available for victims of human trafficking in America, the more we can empower them to become survivors.

The more people who receive this message, the stronger the fight. The campaign hopes to target more cities across the U.S. in the future.

Presidential Involvement

In a step to bring further awareness to the general public, President Obama designated January to be National Slavery and Human Trafficking Prevention Month. In a press release, he wrote:

Even today, the darkness and inhumanity of enslavement exists. Millions of people worldwide are held in compelled service, as well as thousands within the United States. During National Slavery and Human Trafficking Prevention Month, we acknowledge that forms of slavery still exist in the modern era, and we recommit ourselves to stopping the human traffickers who ply this horrific trade.

In September 2012, continuing his commitment, President Obama spoke to the Clinton Initiative in New York. Partnered with former Secretary of State Hillary Clinton, the President laid out a three-part plan to combat human trafficking. First, to “spot it and stop it.” That part of the plan calls for extensive reports to further government understanding, more effective training for all interagency task force members involved, collaboration with transportation services, and aid educators to spot potential trafficked victims among their students. Second, the plan hopes to use the internet as a weapon against human trafficking. The internet has been a great tool for the human-trafficking industry and the President wants to “turn the tables.” The plan aims to recruit tech companies and college students to the fight. Third, the plan aims for further dedicate resources for recovery. For example, to simplify the application for T-visas, designed to protect victims of human trafficking.

Other Groups Involved in the Fight Against Trafficking

There are many other groups involved in the fight against trafficking that attack different parts of the problem. They include:

• Not for Sale: A non-profit, international organization dedicated to raising awareness for sexual slavery.
• Bilateral Safety Corridor Coalition (California): Based in San Diego, the BSCC is comprised of more than 40 government and nongovernment agencies in the U.S. and Mexico to battle human trafficking.
• You Are Never Alone (Maryland): YANA provides a safe haven to women and children involved in prostitution who are seeking a better life.
• New York City Community Response to Trafficking (New York): The CRT is a team of community-based organizations and criminal justice agencies dedicated to responding to and raising awareness of human trafficking.
• Center for Multicultural Human Services (DC): CMHS received a joint federal grant with the Break the Chain Campaign from the Office for Refugee Resettlement to administer pre-certification and post-certification services to victims of trafficking in the Washington D.C. metro area.

Conclusion

With all of these laws in place, and so many activists working to fight it, why is trafficking still happening at such an alarming rate? It is hard to stop an industry so high in demand across the globe, regardless of its vile nature. In recent years, the internet is largely to blame. It allows for anonymity and easy communication internationally between buyer and seller. The deep web, not accessible through standard web searches, is a large black market tool. Another answer is that sex trafficking is almost impossible to obliterate when most of the victims are unidentified. Both rape and sexual slavery victims rarely come forward due to the highly personal sensitivity of the crime. However, we’re taking steps in the right direction with more laws and movements of activism. Hopefully, someday, the travesty that is human trafficking will become a thing of the past.

Resources

Primary

Office of Refugee Resettlement: What is Human Trafficking

Homeland Security: Human Trafficking Laws and Regulations

U.S. Department of State: U.S. Trafficking Report

White House: Presidential Proclamation

Additional 

Case Act: What is Human Trafficking

FBI Podcasts and Radio: International Human Trafficking

Polaris: Polaris, Cast, and Clear Channel Outdoor Law Anti-Human Trafficking Awareness Campaign

Judges’ Journal: President Obama’s Speech on Human Trafficking

Jessica McLaughlin

Jessica McLaughlin is a graduate of the University of Maryland with a degree in English Literature and Spanish. She works in the publishing industry and recently moved back to the DC area after living in NYC. Contact Jessica at staff@LawStreetMedia.com.

The post Human Trafficking: Alive in the United States appeared first on Law Street.

If you ask most Americans when slavery ended, they would probably answer…well, most Americans probably wouldn’t know. For the more informed citizen however, the answer would likely be in 1863 with the Emancipation Proclamation, or more accurately still in 1865 with the passage of the 13^th Amendment, which explicitly outlawed the practice in the United States. Both of these answers are incorrect, however. That is because even today there are an estimated 60,000 people living in slavery in this country. Furthermore, according to the same Washington Post article, worldwide that number balloons to a staggering 30 million people, with those in less developed countries being much more susceptible to the illicit practice. To fully comprehend how this heinous enterprise–that most presume is finished–can still exist and worse yet thrive, it is necessary to first understand something very fundamental: What exactly is modern day slavery?

Slavery as an Institution

History 

Slavery began at the birth of civilization and has continued in one form or another since then. The foundations of western culture were built on the backs of slaves as both Greece and Rome relied heavily on their human machines. This continued in Europe after the fall of these empires through the dark ages, the renaissance, and reformation. It was also a central aspect of colonialism and imperialism.

But while Europe and by association its colonies, which had slaves before Europeans arrived, may have the highest profile accounts of slavery, the practice was global. In the Middle East slavery was already in place at the time of the ascendancy of Muhammad and continued from the seventh century until the twentieth.  In fact it wasn’t until 1982 that Mauritania became the last country in the world to publicly abolish slavery. Even with this ban, Mauritania is still the country where citizens are mostly likely to be slaves, with about four percent of the population being classified as such.

Slavery was also an established institution further east. China, one of the oldest civilizations, had slaves for thousands of years. It wasn’t until the 1950s when the last acknowledged slaves could be found in isolated mountain areas. Slavery was a major institution in India, as well.

Even in Africa slavery existed long before Muslim or European slave traders arrived; however, unlike those two groups, African nations rarely imported non-Africans as slaves. Regardless, while the means and exact roles of slaves in society may have differed, in virtually every corner of the globe slavery has been an ingrained practice for millennia.

Modern Day Form

Thus the concept of slavery strictly being a product of the antebellum American south is inaccurate, but the reality of it being a global issue is not. Furthermore, the definition of slavery today is also not some stretching or reclassification of the accepted term. Modern slavery means being owned and controlled as property by another person through either physical or mental threats. Slavery can take many forms. Some of the most common forms include forced prostitution, forced agricultural or domestic work for adults and children, and families being forced to work for nothing in order to pay off generational debts. While these are modern forms of slavery they are also traditional, in fact the only thing that has changed is how slavery is seen publicly, namely if it is seen at all. Below is a video that describes further the conditions of modern day slaves.

Those Most at Risk

Throughout history slave groups have often been made up of people for a specific reason such as ability to work long hours, exotic appearance, a particular type of skill, or as a result of conquest; however, slaves today are increasingly likely to be found at the margins. This is in stark contrast to when slaves were well-known members of the household and in certain cases in old Islamic Caliphates could have children that one day might even aspire to the throne.

In this way then slavery has changed most dramatically. Long gone are the public slave auctions. Instead today slavery is a much more under-the-radar practice of a group on the fringe of society. This group often includes children or migrants who are either tricked or forced into slavery when they are young or if they move.

The problem can be exacerbated by a number of other factors, as well. Ethnic divisions is one example; a historical legacy left by imperialists in sub-Saharan Africa has led to one of the highest rates of slavery in the world. Another is wealth or more accurately the lack of it. In Haiti, for example, children may be sold into unofficial slavery by their parents as a means of income. Yet another is cultural; in India–the country with the largest estimated slave population at roughly 14 million–the legacy of the caste system remains and can prevent authorities from preventing cases of slavery.  The video below offers a greater breakdown of the victims of the modern day slavery system.

First Responders

Thus there are many factors to consider that have led to the continuation of slavery worldwide. There have, of course, been many efforts globally to end the practice. Currently in every nation on the planet there are laws on the books forbidding slavery.

The problem is though that these laws are ineffective. To combat slavery then, the mantle again rests on non-governmental groups as it has since the first abolition movements. Since the passage of laws forbidding slavery is no longer the end goal, this patchwork of groups now has its sights focused on other means of ending this practice.

Steps to Freedom

Probably the most important step to ending slavery is raising awareness. While this may seem naïve or practically unhelpful, slavery today is a forgotten issue. To many it is a battle that has already been fought and won and thus no longer bears consideration; however, as these groups stress, to the forgotten 30 million people who struggle under the guise of slavery every day, it is still an urgent issue. Furthermore while the value of a modern day slave is hard to calculate by anyone other than the owner, the fact that slavery exists shows that certain people or groups are profiting off of it.

Along this same vein, once awareness had been raised it is also crucial that governments are required to actually enforce their anti-slavery laws. This could include creating an agency or task force specifically charged with finding and preventing slavery as other agencies such as the FBI or FEMA exist to handle specific problems.

Once awareness and enforcement have been improved it is also necessary to cultivate the people who were formally slaves. This means providing food, shelter, and teaching basic skills to people who often had nothing else to turn to and became slaves out of necessity. This would also help prevent a reoccurrence of these individuals falling prey to the same crime again. Below is a video that highlights some of the things that can be done to combat modern day slavery.

These steps and actions are already being implemented by these groups. In fact, the United Nations has already spoken of some success with governments more strictly enforcing their laws and businesses enacting tougher measures that would prevent the enslaving of workers at any level of production. However, as a practice that has existed for thousands of years, slavery will not just vanish overnight. Thus, it will take time and additional resources; however, without solid and immediate gains combined with an existing general lethargy, slavery is likely to endure.

A Problem With No End in Sight

Although slavery has been and is still a global problem, the suffering is not equal. A person in a developed country with a high per capita income is less likely to be a slave than his or her opposite. Furthermore in wealthy countries, slavery has long been taboo. Many western countries for example began abolishing slavery in the early nineteenth century. Thus countries with the greatest ability to end the practice may feel the least inclination to do so.

While there are many solutions to the slavery problem, so far none has gained enough traction to bear much fruit. While groups in the West and other places come to grips with the consequences of the slave societies of their past the same trade is still being employed right under their noses. Although slavery today may not be as much of a concern as it used to be, for the people affected by it is as real as it has ever been. While the correct way to stop slavery remains elusive, what is important is that the continued existence of slavery be at the very least acknowledged. This is vital because only after admitting slavery is still a problem can it then be addressed.

Resources

Primary

U.S. Constitution: Thirteenth Amendment

Additional

Washington Post: This Map Shows Where the World’s 30 Million Slaves Live. There are 60,000 in the US

New Internationalist: A Brief History of Slavery

National Geographic: How We Can End Slavery

Slavery Injustice: Slavery in Ancient China

UN News Centre: UN Officials Urge Concerted Action to Eradicate Modern Forms of Slavery

Anti-Slavery: What is Modern Slavery

Michael Sliwinski

Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

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In our increasingly diverse society, one debate that’s pretty common to hear floating around is about “affirmative action.” Particularly in regards to college admissions, both proponents and critics of the programs have a lot to say.  Read on to learn about the history of affirmative action policies, and the arguments for and against them.

What is Affirmative Action?

Affirmative action is defined as “a policy or a program that seeks to redress past discrimination through active measures to ensure equal opportunity, as in education and employment.”  AA has existed since the Civil Rights Movement. It began with President John F. Kennedy’s passage of Executive Order 10925, which required government contractors to “take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, or national origin.” This essentially mandated that anyone hired by the federal government could not discriminate based on race or ethnicity.

According to current federal AA law, schools giving race-based admissions must meet the strict scrutiny rule. This rule was recently reaffirmed by the U.S. Supreme Court in the 2013 Fisher v. University of Texas. If race is used in college application admissions, then the school (or the government if it is a state school) bears the legal burden of demonstrating that it was done because it is “closely related to a compelling government interest” and “narrowly tailored” to meet that interest.  The school must also demonstrate that race-neutral alternatives are not viable in that case.

The debate over AA was also invigorated in 2014, with the Supreme Court Decision Schuette v. Coalition to Defend Affirmative Action. The state of Michigan had banned AA policies at their universities. The court decided that Michigan’s ban of the policies did not violate the Equal Protection clause of the 14th Amendment. Justice Sonia Sotomayor, along with Justice Ruth Bader Ginsburg dissented from the Schuette decision. In her dissent, Justice Sotomayor stated:

The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race, and to apply the Constitution with eyes open to the unfortunate effects of centuries of racial discrimination.

However, AA policies are not consistent state-by-state, and the Schuette case is just another example of the flexibility that states are allowed to take with their policies.

Since JFK’s executive order, AA policies have been modified and refined by the legislature and the courts.  In fact, many sociologists and other experts have reach opposing conclusions about the efficacy of AA on redressing the effects of historical discrimination.  This has led to AA becoming a source of significant political controversy.  AA has been both implemented and enforced at both the federal and the state levels.  Individual states can have vastly different AA policies from the federal government and from each other.  AA is primarily implemented through efforts to “improve the employment and educational opportunities of women and members of minority groups through preferential treatment in job hiring, college admissions, the awarding of government contracts, and the allocation of other social benefits.”

What’s the argument to get rid of Affirmative Action?

Proponents of repealing AA argue that the policy of considering the race of potential beneficiaries disproportionately benefits upper and middle class racial minorities at the expense of poor Caucasians.  Since a larger proportion of minorities are poor than Caucasians, class-based AA would help poor racial minorities more than it would help poor Caucasians. AA can disproportionately harm certain minority groups while benefiting others. For example, Asian Americans have more difficulty getting into top private universities than African Americans, Latino Americans, and Caucasians.  Affirmative Action is reverse-discrimination and it requires the same discrimination that it is supposed to prevent, therefore it is counterproductive. In many cases, it can require less qualified or unqualified applicants to be accepted into positions at the expense of qualified applicants resulting in their eventual failure.

What’s the argument to keep Affirmative Action policies in place?

Opponents of repealing AA argue that ensuring equality of opportunity regardless of one’s background creates the best possible social, cultural and economic future for the people of the United States.  Equality is also most conducive to the strength of the U.S. national defense. Failing to provide such equality would be contrary to the principles that led to the founding of the United States. Some argue that AA should be class-based only.  However, racial minorities of all socioeconomic classes are vulnerable to discrimination and many minorities in all classes become victims of discrimination.  Therefore, in order to be effective AA must be race based as well. Studies have shown that people with “black sounding” names are less likely to be contacted for job interviews than people with “white sounding names. AA has contributed to the creation to the “black middle class” as well.  Finally, studies have shown that minority students are more likely to experience hostility and negative treatment in states that ban AA than in states that utilize it.

Conclusion

Affirmative action policies are a common cause of debate, especially when it comes to our public universities. While they certainly have proved their benefits, there are also valid concerns about the ethical benefits and detractors of the policies.

Resources

Primary

Supreme Court: Fisher v. University of Texas at Austin, et al.

Additional

Stanford Magazine: The Case Against Affirmative Action

American Prospect: Class-Based Affirmative Action Is Not the Answer

Annenberg Media Center: Fisher v. UT Austin: Why Affirmative Action Should Be Eliminated

Pantagraph: Affirmative Action Should Be Eliminated

Alternet: 10 Reasons Affirmative Action Still Matters Today

TIME: Why We Still Need Affirmative Action

New Yorker: Why America Still Needs Affirmative Action

Real Clear Politics: Good News About Affirmative Action’s Future

Cornell University Law School: Affirmative Action

About News: The Affirmative Action Debate: Five Concerns

About News: Key Events in Affirmative Action’s History

Stanford Encyclopedia of Philosophy: Affirmative Action

Newsweek: Why We Still Need Affirmative Action

John Gomis

John Gomis earned a Juris Doctor from Brooklyn Law School in June 2014 and lives in New York City. Contact John at staff@LawStreetMedia.com.

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How many of you remember Emi and Hannah, my super cute friends who live in Virginia? Last time we saw them, they were cautiously excited about the prospect of Va. striking down its gay marriage ban.

Well, they’re pretty happy right now. U.S. District Court Judge Arenda Wright Allen struck down the state’s prohibition on same-sex marriage just in time for Valentine’s Day. Yay!

Congratulatory baby goat kisses for Emi! Courtesy of Hannah R. Winsten.

I promised y’all (that one’s for you, Southern readers) that we’d check in with Emi and Hannah again as this case progressed, and I wasn’t about to disappoint you. Seriously — as soon as news about Judge Wright Allen’s decision dropped, I started getting social media requests for a follow-up story about these two lovebirds. Apparently everyone agrees with me that they’re the cutest.

So! I asked Emi and Hannah what their reaction to the news was, and it took over a week for them to respond! Don’t worry, though, they had a good reason. Here’s what Hami (celebrity couple name-merge suggestions?) told me:

“I think I’ve been avoiding sending you a ‘response to the news’ because I’m still waiting for the other shoe to drop,” said Hannah. “With everything on hold as the opposition appeals, my pessimist side is waiting until something ‘real’ happens until it commits to any sort of celebration.”

Hannah and her cat are only mildly amused. Courtesy of Hannah R. Winsten.

LOL GUYS. Hami was totally right. Literally 15 hours ago, The Virginian Pilot reported that appeals have been filed. Le sigh.

Appeals were filed on behalf of Norfolk Circuit Court Clerk, George Schaefer, and State Registrar of Vital Records, Janet Rainey — two Virginia court clerks who don’t like to issue marriage licenses to same-sex couples. And, since Judge Wright Allen delayed implementation of her ruling until after all appeals have been heard, same-sex marriage still isn’t actually recognized in the state of Virginia. Thanks, guys.

But, for all the irritation and inconvenience this delay is causing, it’s also providing us with some serious entertainment value. The reasoning behind the opposition’s anti-gay-marriage stance is truly hilarious.

If Hami’s pig Alice wasn’t busy being so cute, she’d be laughing so hard right now. Courtesy of Hannah R. Winsten.

The lawyers trying to stem the tide of Southern gay weddings are citing Virginia’s 400-year tradition of heterosexual marriage as a reason for upholding the ban on same-sex marriages. They’re just not traditional enough to be allowed, apparently.

You know what else is in Virginia’s 400-year tradition? They’ve got an impressive history of blocking school integration in favor of racial segregation, stopping interracial marriage, and denying women the right to attend the Virginia Military Institute. And that’s not even mentioning the Native American genocide that essentially served as Virginia’s debutante ball.

Also, SLAVERY.

Hami’s cats are throwing some major shade for the obvious omission of SLAVERY. Courtesy of Hannah R. Winsten.

Let’s all take a moment and collectively laugh (to keep from crying) at Virginia’s ridiculous attempt at painting its traditional history as something to proudly preserve. Come on, guys, you’re better than that.

But maybe they’re not, because it actually gets worse. The super awesome attorneys representing Schaefer and Rainey are also arguing that marriage should only be granted to couples who can procreate. By this reasoning, tons of existing, straight marriages would be considered null and void. Couples who are infertile, who include a post-menopausal woman, or who just plain old don’t want to have kids would all be locked out of the marriage club.

This is just getting silly.

Almost as silly as Emi in a corn suit. Courtesy of Hannah R. Winsten.

Amid all this ridiculousness, it would be easy to get discouraged. But Emi and Hannah have it all in perspective.

“While this ruling could make life a lot simpler for Emi and me, it doesn’t mean that magically everything is fixed for queers in this country,” said Hannah. “I’ll be happy to have our marriage recognized and to get some of the very practical legal elements that go along with that, [but] this isn’t by any stretch of the imagination the final goal. Homophobia isn’t over any more than sexism is over or racism is over or classism is over.”

PREACH. Courtesy of Hannah R. Winsten.

Right on, lovebird. Marriage is just one piece in a giant and complex puzzle, in which queers, women, people of color, and poor people are systematically marginalized in the U.S. I’ve written a ton about why marriage is kind of a shitty deal, and about how fucked queers still are, even if marriage equality is achieved. Wedding bells don’t change the fact that we’re statistically more likely to be unemployed, impoverished, and incarcerated than our straight counterparts. These are still giant problems.

And non-queers, or super privileged queers, sometimes forget about that.

“I actually had one of my lovely, kind, straight friends make a comment along those lines,” said Hannah. “[T]hat once gay marriages are legal and recognized throughout the country, the ‘war’ will have been won.”

Nope. Courtesy of Hannah R. Winsten.

Not so, loves. The war will be far from over. Until queer kids have stopped dominating the homeless population, until trans women of color stop getting murdered, until gay-bashing stops being a thing the war won’t be over.

In the meantime, though, let’s all shop at Heart Moss Farm and laugh at Virginia’s ridiculousness to keep from crying, OK?

—

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

All images courtesy of [Hannah R. Winsten]

Hannah R. Winsten

Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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