The A.C.L.U. Errs on R.B.G.
Recently, on the anniversary of Ruth Bader Ginsburg’s death, the American Civil Liberties Union set out to pay tribute to her pro-choice heroism, and ended up making the sort of self-parodic blunder the right salivates over.
One of R.B.G.’s iconic quotes came from her 1993 Senate confirmation hearings, when, instead of shying away from commenting on reproductive rights like most Supreme Court nominees, she made a forthright case for their indispensability to human flourishing.
“The decision whether or not to bear a child is central to a woman’s life, to her well-being and dignity. It is a decision she must make for herself. When government controls that decision for her, she is being treated as less than a fully adult human responsible for her own choices,” Ginsburg said.
In a ham-handed attempt to make the quote to conform to current progressive norms around gender neutrality, the A.C.L.U. rendered it this way in a tweet: “The decision whether or not to bear a child is central to a [person’s] life, to [their] well-being and dignity … When the government controls that decision for [people], [they are] being treated as less than a fully adult human responsible for [their] own choices.”
This was a mistake for two reasons, one that’s easy to talk about, and one that’s hard.
The easy one is this: It’s somewhat Orwellian to rewrite historical utterances to conform to modern sensitivities. No one that I’m aware of used gender-neutral language to talk about pregnancy and abortion in 1993; it wasn’t until 2008 that Thomas Beatie became famous as what headlines sometimes called the “First Pregnant Man.” There’s a difference between substituting the phrase “pregnant people” for “pregnant women” now, and pretending that we have always spoken of “pregnant people.”
What’s more difficult to discuss is how making Ginsburg’s words gender-neutral alters their meaning. That requires coming to terms with a contentious shift in how progressives think and talk about sex and reproduction. Changing Ginsburg’s words treats what was once a core feminist insight — that women are oppressed on the basis of their reproductive capacity — as an embarrassing anachronism. The question then becomes: Is it?
The case for making the language of reproduction gender-neutral is fairly straightforward. Beatie may have been the first pregnant man that the public was aware of, but he was obviously not the last. If access to birth control, abortion and obstetric care are fraught for women, they can be even more fraught for trans men and nonbinary people, who must contend with discrimination and challenges to their gender identity.
Plenty of activists, especially young ones, find gender-neutral language for reproduction, and the conceptual revolution it represents, liberating. The utopian goal of many feminists, after all, is a society that’s not built around the gender binary, a type of society that, as far as I know, exists nowhere on earth (though many cultures make room for a small number of people who exist outside the male/female dichotomy).
A gender-inclusive understanding of reproduction is in keeping with the goal of a society free of sex hierarchies. It is one thing to insist that women shouldn’t be relegated to second-class status because they can bear children. It’s perhaps more radical to define sex and gender so that childbearing is no longer women’s exclusive domain.
Yet I think there’s a difference between acknowledging that there are men who have children or need abortions — and expecting the health care system to treat these men with respect — and speaking as if the burden of reproduction does not overwhelmingly fall on women. You can’t change the nature of reality through language alone. Trying to do so can seem, to employ a horribly overused word, like a form of gaslighting.
“One is not born, but rather becomes, a woman,” Simone de Beauvoir wrote. You can interpret this to support the contemporary notion of sex and gender as largely matters of self-identification. Or you can interpret it as many older feminists have, as a statement about how the world molds you into a woman, of how certain biological experiences reveal your place in the social order, and how your identity develops in response to gender’s constraints.
Seen this way, a gender-neutral version of Ginsburg’s quote is unintelligible, because she was talking not about the right of all people to pursue their own reproductive destiny, but about how male control of women’s reproductive lives makes women part of a subordinate class. The erasure of gendered language can feel like an insult, because it takes away the terms generations of feminists used to articulate their predicament.
On Monday, Anthony Romero, executive director of the A.C.L.U., told me he regrets the R.B.G. tweet, and that in the future the organization won’t substantively alter anyone’s quotes. Still, he said, “Having spent time with Justice Ginsburg, I would like to believe that if she were alive today, she would encourage us to evolve our language to encompass a broader vision of gender, identity and sexuality.”
This may very well be the case. It’s also the case that she spoke specifically about women for a reason.
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