Calling Out ALL The Jurists

… who have failed our legal system.

I don’t usually call out my fellow attorneys. But I can’t keep silent any longer. You must act.

We’ve allowed the bones of racism to run unchecked in the judicial system long enough. It must end. You must act. Inaction is legitimizing a system of discrimination that is steep in the law and allows the bones of racism to remain untouched by time and chaining perceptions. And it’s creating havoc in our country. Either be a part of the solution or you are a part of the problem.

I firmly believe that individual prejudices have diminished over time in most of us. Oh sure, there are wingnuts a-plenty, but the vast swath of American humanity has shed these prejudices as we’ve welcomed people of color into our families, acknowledged LGBTQ peeps in our families, and been accepting of individual differences. What hasn’t changed is the structure of racism we’ve had in our society so long most of us have even forgotten they are there. But they are and we are seeing the effects all around us.

Federal Sentencing Guidelines illustrates the remaining bones of racism quite clearly. Crack cocaine is punished at a bout 3 to 1 times longer than powder cocaine. Same chemical compound when viewed under a microscope, but the penalties for each is vastly different. Looking that the sentences, one might conclude that it is fair and doesn’t discriminate. Except when you start to really look at who uses crack cocaine and who uses powder cocaine. Yes, it is almost brightline delineation by race. By and large, one finds crack cocaine in brown and black neighborhoods. But and large, powered cocaine is found in white and yellow neighborhoods. So, wonder no more why there are so many black and brown people in jail. We punish them 3 times longer than we do for the EXACT SAME SUBSTANCE.

And this is just one example of the bones we’ve allowed to remain and grow in our judicial system. And it leads to institutional discrimination. The disparate impact was planned, at worst, and ignored, at best. We’ve been using these guidelines and having them have this disparate impact on people of color for YEARS. And done nothing. We’ve allowed this to fester and flourish. And we are wrong for having done nothing. And this is just ONE example.

There are so many more examples of the bones of racism that remain and which hold up and add structure to the cloak of our humanity, or lack thereof–if we do nothing. By failing to act, we’ve become complicit is supporting the bones of that discrimination. As our social perceptions have changed, we did nothing to get rid of all the ways smart societies use to hold back discrete groups of persons. And in American, it shouldn’t have been acceptable before. It isn’t acceptable now. And if we do nothing, then we also become complicit in the tinderbox our country will become as push comes to shove.

Being Asian Doesn’t Make Me ….

More like white women. It does statistically mean I will fall more within their range than any other women of color. Asians are punished less, in schools and by police. It’s part of the cultural stereotype.

But it hides a far more insidious comparison, one that most people don’t even realize. And it revolves around Asian sexuality. Isn’t it funny how Asian men are seen as emasculated or feminine or some other way softer? Even though we have ninja movies, karate movies, we know about Genghis Khan, mobs like the Triad and the like, we don’t see Asian men as testosterone-laden threats. And it shows up in arrest numbers and incarceration numbers. Cops just don’t generally pull over clean cut Asian dudes. Not like the black guys that drive.

At the same time, Asian women are highly sexualized. And not in a good way. We are desired because we look like prepubescent boys for far longer than any other ethnicity. Men go to Asia not just to fuck and marry little girls, they’re are those that just want a woman who looks like little girl. The mount of human trafficking of Asian women is out of this world. It seems the entire world of men are obsessed with women who look like little girls. And my Asian sisters bear the brunt of this desire.

Don’t get me wrong, other ethnicities are sexualized as well. Think of the media’s portrayal of the lush, overblown Latina. Or the strong, loud black woman who will break you with her punanai. But there is an insidious sickness when male eyes turn toward Asian women, you know those of us who look like we’re twelve even when we’re thirty. Subservience isn’t just expected, it’s demanded. And having a child-like or a real  girl child as your sexual partner means you can treat them as children all the while fucking them to death. In many parts of the world, Asian girls are discarded as unwanted only to be swooped up by the predators who know just who to  tap. I’ve heard there are entire travel industries set up for Western men to go a pick up a young Asian girl, whether in fact or in looks.

And when we finally get a voice to stalk about some stuff, are we heard on our own? No, we get lumped in with the white girls. Now, I’m not dissing my light skinned sisters, but seriously? Do you even know what it’s like to not know math in a group of math overachievers? And I say that tongue in cheek. But you have no idea how many stereotypes I have to wade through each day just to get to my preferred endeavor with words.

I get why so many of my feminist brothers and sisters tend to lump us in with the white girls. In many ways, we escape the stigma of having darker colored skin. As we’ve seen recently, being black in America can be a dangerous thing. Asian women  and men generally escape this portion of the discrimination our country seems to want to mete out. But I gotta tell you, as Asian women, we only get the benefit of being lumped together with the white girls… until we don’t.

We’re largely ignored in the larger feminist dialogue. So we’ve become the invisible women wanting to know when it’ll be our time to shine, to have our fears voiced and our concerns addressed.

Racism, Prejudice and Privilege

… in America.

Current events make people uncomfortable. Most want “this” to go away. From the segment of the population being oppressed, this view is not understandable. You can only want oppression and racism to go away if you aren’t confronted with it on a daily basis. Enter… privilege. Out of sight, out of mind never had so clear an example.

There is the belief that if we don’t see it, it doesn’t exist.

But that’s a lie. As in a falsehood. We don’t see racism in America anymore because its gone underground. <— That statement is inflammatory to most. And these are good people. Decent people. Who are fucking horrified that allegations that racism in America still exists. Because in their world it doesn’t. But they’re confusing racism with prejudice. I will say this. America has really worked on not being prejudicial. But not being prejudicial doesn’t stamp out racism. It just means that most Americans aren’t assholes who think a persons color predestines them to a life of <insert your derogatory act here>.  What it doesn’t mean is that racism is gone.

The racism of today is the structures leftover from those before of of their hate. Like Pompeii, we are dealing with the buildings built by haters. Our mistake was thinking we could use these empty buildings for better, more moral purpose. Or just a useful purpose. What we forgot was these building were built to keep certain segments of a population down. They are inherently oppressive. Regardless of a different, newer purpose, the functions of many of these ghost buildings still oppress.

In other words, we’ve replaced legal slavery with felonies. We use the law to oppress. In the first instance, it was with the full support of the law. Now, we create second class citizens with crimes. Lots and lots of crimes. And we’ve replaced lynchings with shootings. We’re using the law to do the same thing to the same group of people. We create laws KNOWING they will have disparate effects on discrete groups. And we like that. And it’s racist.

That’s the difference between racism and prejudice. Prejudice is usually one-on-one/group of people. Racism is using the “buildings” of society, i.e., governmental offices, to oppress certain singular peoples. We’ve come a long way with prejudice. And almost nowhere with racism.

You can tell yourself racism doesn’t exist because your aren’t prejudice, but that doesn’t make it true. It just means you aren’t an asshole in your day to day dealings with people of color. But that speaks not at all on the subject of why black people are still being incarcerated at crazy rates, or killed even when unarmed by police officers. Or why black people are given incredible disparate sentences, or even why little black children are expelled from kindergarten at rates that far exceed their demographic representation or that of any other group of persons.

Racism is there. You just have to look for it. Gone are the days of “well, I’m an asshole racist bastard” so I know racism exists, to “hey, just because I’m not a racist asshole bastard doesn’t mean there’s not some shit going on that just can’t be explained away in any other way than this shit’s racist.”

Admitting that there is racism doesn’t mean you are admitting that you’re racist. Or prejudiced. It just means you are privileged enough to look for it or not look. Racism is like that tree in the woods. Just because you’re not hearing the damage it does as it falls and tramples through the woods doesn’t mean its not doing damage. Racism is real, it’s alive and it’s hurting fellow Americans.

I know most people want racism to be done and over. Slavery is a blight on our collective history. Of course, we want that shit done and gone.

So do the people who are STILL experiencing racism everyday. They really want that shit done and gone.