Free to Marry

author_sally By Sally Raskoff

The May 2008 California Supreme Court decision effectively adds a second state to the (short) list of states that do not prohibit marriage for consenting adults of the same gender. The ruling reflects the result of many years of social change that has pressured our country to live up to its ideals of freedom, equality, and justice for all. The Civil Rights Movement was the most visible event in recent history, as many radical changes occurred in a relatively short period of time. At that time, we effectively identified how race, ethnicity, and gender issues are rife with inequality and thus problematic for our country.

Social change does not move quickly or steadily. In stops and starts, forward towards new practices and backward to known traditions, society resists change at every step. Some refer to this dynamic as a dialectic process in which whatever exists creates its own contradictions, creating struggles which eventually “resolve” or morph into a new reality. Marx described the life span of capitalism as a dialectic process, for example. 

clip_image002While societies do not change quickly, they are always changing. Things today are certainly not the same as they were fifty years ago, or even five years ago. With technological changes and resource pressures, the way we live our lives has changed and will continue to change. Younger generations grow up in altogether different circumstances than previous generations thus their ways of thinking and expressing themselves sets them apart from others.

With regard to marriage laws, it is clear that we have seen some changes and we’ll continue to do so.

Marriage has long been a relationship defined by property and resources. Marriage based on love, emotional ties, and individual choice is a relatively recent social invention. That notwithstanding, marriage still is a legal contract that involves ownership and property rights. At the same time marriage effectively gives people license to have sex – although that, too, is tied to ownership and property since our societal norms of marital sex assume subsequent procreation and offspring – with appropriate naming and rights of inheritance. 

Our heterosexual norms are tied to male dominance – clearly seen when looking at marital laws. Historically, brides are women or property transferred from fathers to husbands. One look at a traditional marriage ceremony confirms this symbolism when the parents hand over the bride to the groom at the start of the ritual. 

Since men marry women – and give them their name (identifying one’s property!) – the power relations are clearly defined. Men had not been able to marry other men (and women to marry women) because that would tamper with the power structure based on gender. Homophobia helps to maintain this structure since it makes people afraid of both the idea of and the people who may be participating in same-sex couplings. 

Seen in this light, allowing same-sex marriage is progress towards gender equality.

American society’s marriage laws have always reflected its evolving attitudes toward race, ethnicity, sex/gender, and sexual orientation.

Prior to the civil rights era, anti-miscegenation laws outlawed marriage between white and non-white people thus protecting the property rights and inheritance patterns that kept the dominant group white and all other groups, well, not-white. 

While the U.S. Supreme Court deemed those laws unconstitutional in the late 1960s, it took until 1999 for all fifty states to vote those laws off their books. After being sued by inter-racial couples having trouble getting the paperwork to legally wed, Alabama finally asked their voters in 1999 to weigh in on eliminating or keeping their state anti-miscegenation laws, even as the law had been unconstitutional for over thirty years. (It passed, 60/40.)

clip_image002[5]While most marriages are still endogamous – people still tend to marry people like themselves – in contemporary American society we have the right to marry whomever we choose no matter their ethnicity or racial identity—as long as they are they opposite sex ( unless you live in California or Massachusetts).

According to the U.S. Census Bureau, only two percent of marriage partnerships are inter-racial. This does vary by state and region, of course, but nationwide it is only two percent. In spite of the Supreme Court decision, most marriages are intra-racial. 

This is all part of the inevitable social changes that come about since we live in a country with an elective affinity between love-based marriages and a strong belief in individual freedoms. We socialize people to grow up and fall in love, marry their sweetheart, and settle down to create a family. Those norms have long been informed by norms of heterosexuality and cultural heterogeneity although the latter is not as strong a norm as it once was.

When states make their marriage laws based on sex or gender definitions, they often complicate things further. For example, Texas defines their marriage laws on chromosomes, thus an XX female can marry an XY female because they do have the expected chromosomal pairing. One wonders if someone with X0 and other variations can marry in Texas at all!

Add to this transgender issues and we see that our culture has some distance to travel before we really do embrace equality and justice for all. It’s not just a matter of saying that people should be able to love whomever they want. It’s more a matter of equalizing our social categories and dismantling the privileges and barriers based on sex, gender, race, ethnicity, and sexual orientation.

From the 1960s U.S. Supreme Court to the 2008 California State Supreme Court decisions, the highest bodies in our legal system have so far demonstrated that we still do strive for these goals.

Racism as a Risk Factor for Infant Mortality

author_janis By Janis Prince Inniss

One segment of the PBS documentary Unnatural Causes: Is Inequality Making Us Sick? examined infant mortality in the U.S. clip_image002Infant mortality is a measure of the number of babies who die in their first year of life, a figure expressed as a portion of 1,000 live births. 

What causes babies to die so early? Congenital abnormalities, being born too early and too small, and Sudden Infant Death Syndrome (SIDS), are the leading causes of infant death. According to the Central Intelligence Agency World Factbook’s 2007 estimate, the infant mortality rate in the U.S. is 6.37; according to this report 41 countries reported better rates than the U.S. 

In fact, according to the State of the World’s Mothers report, the U.S. has the second worst infant mortality rate in the developed world! Although there may be many good reasons for the rates of other countries to appear better than they really are, a few things are clear about the U.S. rate. 

First, the infant mortality rate has decreased significantly over the last four or so decades; it was 26.0 in 1960. Second, among all women in the U.S., African American women have the highest infant mortality rate. Third, infant mortality rates for African Americans are almost two and a half times that of whites (13.6 compared to 5.6)

clip_image005If you’re familiar with the relationship between class and race, this disparity in infant mortality might not be particularly surprising. It might make sense that African Americans would experience higher infant mortality rates as result of factors related to their lower socioeconomic status (SES); for example, low-income pregnant women might not seek prenatal care due to a lack of health insurance and tight finances. However, research on the topic finds that increases in SES and education do not erase this racial gap. As you will see in the video, infant mortality rates for white college graduates is 3.7 per 1,000 while that for black college graduates is three times as high (10.2 per 1,000). Infant mortality rates for black college graduates are on par with that of whites without a high school education—who have a rate of 9.9 per 1,000. 

clip_image008Another hypothesis put forward to explain the differential infant mortality rates is a possible genetic component responsible for the disparity. Researchers reasoned that looking at the infant mortality rates of other black women should confirm such a “prematurity gene”. Yet, black women from Africa and the Caribbean do have not have the same kinds of infant mortality rates as African-American women; African women have infant mortality rates similar to that of white American women and babies born to Caribbean women are heavier at birth than those of African-American women. 

Further, after one generation of living in the U.S. these immigrant groups have infant mortality rates similar to that of African Americans, suggesting that there is something about the black American experience that leads to poor infant mortality. Hmm. J0283941

But how could race impact infant mortality? In a word, racism. Researchers have found that women who perceive racial prejudice are two times more likely to have a very low birth weight baby. Social scientists are now examining the relationship between the stress that racial prejudice produces and its adverse impact on the body; such stress may cause the release of stress hormones that trigger labor, for example. Watch Drs. Lu and Jones discuss the life course perspective and the impact of this kind of stress over a lifetime:

In a number of previous posts, I have discussed issues related to race, ethnicity, culture and related concepts. Perhaps like you, readers have questioned whether race is even relevant in today’s multiracial, multiethnic world. More than forty years have passed since the Civil Rights Act of 1964 barred segregation in public places in the U.S. So racial prejudice is history! But is it really? 

Most young Americans grew up before the passage of this act. Many of your parents, professors, ministers, and doctors, can tell personal stories of what life was like before the passage of that legislation. History doesn’t seem so ancient then. And what are the present day remnants of racial prejudice? Is that history too? Just as we may begin to feel comfortable that race and related concepts are simply well, historical concepts, the findings surrounding infant mortality suggest remind us that while we may argue about definitions and the utility of these ideas, people’s experiences demonstrate that none of this is simply academic flexing. Racism and its perception impacts lives, including—perhaps most especially—the smallest lives among us.