Showing posts with label Damaged persons. Show all posts
Showing posts with label Damaged persons. Show all posts

Monday, January 10, 2022

What is the policy toward cleft palate people where you live? Who created it? Who administers it?

This morning, it occurs that this fundamental question hasn’t been answered in my city, my county, my state, my country. Are the clefted an interest group, a needs group, an identity, a resource, a “problem?”

A possible starting point. In my Pacific Northwest city, if you go to a dentist needing an upper plate, they direct you to the Faculty Prosthodontics center of the medical division of the state university. Parents having a newborn with a cleft are directed to Children’s Hospital in this city.
By contrast, the Disability Rights Washington website, according to a Google Site Search, does not mention “cleft,” “palate,” “hare,” “lip,” or any combination of these terms.
The United States has public programs structured for needs groups, such as the elderly; and members of an identity having perceived needs, such as minorities, women, and LGBTQ people. The first is general, public, and neutral, such as the statement beginning the Constitution: “We the People.” Social Security and Medicare do not suggest that elderly people are more worthy than the young; only that their reduced earning capacity and increased medical expenses need the general solution government can provide.
The second solution, in terms of identity, is less desirable from the standpoint of democracy.

The first problem for clefted people is that there is little or no unified social or governmental response to our civil rights needs, or our economic needs. By contrast, the civil rights needs of minorities are addressed, for example, by the Civil Rights Act of the sixties, by directed court attention, and by minority assistance programs. Do Faculty Prosthodontics, Children’s Hospital, and Disability Rights Washington coordinate? It is left up to the clefted person to figure out where to go.
Cleft people’s civil rights problems are suggested by the public attitude of the familiar “I don’t care if it h-words the Governor”(1) slur. I asked an attorney who specializes in “disability discrimination cases in higher education” if she knew of any cases where the courts had addressed the pervasive public discrimination against clefted people. Her emailed response evaded the issue. A 2013 post in this blog cited an ADA: “There's case law out there regarding people commenting and gesturing against race and religion. But ... there's nothing out there regarding disabilities.”

/******/

Initial thoughts concerning what an initial program for the one in seven hundred who have a cleft might address:

1. Provide a clearinghouse where people having a cleft can contact each other
2. Provide someone clefted people can contact to evaluate incidents which may be discriminatory
3. Provide a resource for determining if effective action can be taken to counteract discrimination
4. Resources who can intercede for targeted disabled people. Could pro bono legal assistance be leveraged when civil rights may be being infringed?
5. Counteract the pressure clefted people are under to keep silent
6. Develop a cleft discourse (example: Should pervasive negative reaction to clefted people, where found, be described as “cleftphobic?”)
7. Promote public awareness that cleft people have exactly the same rights as minorities, women, and LGBTQ people
8. Determine what legal precedent exists where cleft civil rights may have been violated



/******/

(1) In this slur, the American public doesn’t imply that the worst fate for the Governor would be to wake up as a person of color, but to wake disfigured by a cleft.
In the politics of identity, victim status is what counts. The public seems to regard disfigurement as a greater disadvantage than race.

Friday, April 3, 2020

An overwhelmed health care system’s triage may discriminate against people with disabilities

The Atlantic states that people with disabilities may face not only “overt discrimination” in hospitals, but “implicit bias” from a prejudice about their quality of life.

As the philosopher Nietzsche remarks below, in times of stress, an eliminationist attitude residing in some of the mainstream rises to the surface.

Elaine Godfrey:
Daniel Florio … was born with spinal muscular atrophy, a genetic disorder that makes him unable to walk or use his arms. His disability makes him more vulnerable to the virus than most people, and he’s afraid of what will happen if he ends up in the hospital with a serious case. Intubated people cannot speak, and Florio would not be able to use gestures or otherwise communicate with his doctors. Given infection-prevention rules, his caregivers would likely not be allowed to accompany him.
She adds:
But Florio is afraid of something else too: the possibility that, if he contracts the virus, he could be denied lifesaving treatment because of his disability. And like other Americans with disabilities, he worries that could happen not just because of overt discrimination in hospitals, but also because of implicit bias. “People overwhelmingly believe that being disabled implies a worse quality of life than it does,” Florio said. If doctors act on those beliefs—wittingly or not—“what that means in practical terms is that people like us will die.”
In some states’ policies it appears that people with disabilities do not have an equal right to life in comparison with the mainstream:
Washington’s guidelines include considerations about a patient’s “baseline functional status,” which involves factors such as physical ability and cognition. … The Washington health department told me it’s updating its guidelines to make sure “its original intent of nondiscrimination” is “unequivocally clear.”
This bears uneasy resemblance to the presuppositions of eugenics advocates, and of proponents of the Will to Power who said that “in a certain state it is indecent to go on living.” The Antichrist declares, “The weak and ill-constituted shall perish: first principle of our philanthropy. And one shall help them to do so.”

Wednesday, April 1, 2020

Under the pandemic, a re-evaluation of “disability”

A Facebook post:
Things Covid has proved:

  1. The job you were told couldn’t be done remotely can be done remotely 
  2. Many disabled workers could have been working from home, but corporations just didn’t want them to 
  3. Internet is a utility, not a luxury 
  4. Universal healthcare is necessary 
  5. Homelessness can be solved when it can affect the rich 
  6. Childcare isn’t “doing nothing all day.”
  7. Universal Credit is not enough to live on 
  8. Wages have nothing to do with skills or value from fruit picker to nurse
Note No. 3

Tuesday, February 25, 2020

Was the greatest play of the classical era about a disabled person?

“Nor is that other point to be passed over, that the Sphinx was subdued by a lame man with club feet …” - Sir Francis Bacon, referring to Oedipous (“Swollen Foot”) and the Sphinx.

Oidipous Tyrannos (Oedipus Rex) can reasonably be translated, from Bacon’s perspective, as Clubfoot the Ruler. It then joins such dramas as The Hunchback of Notre Dame and Beauty and the Beast, in which a titular character may be expected to wrestle with their disability in the plot.

Disabled people, as we know, are often treated badly. Oidipous’ parents arranged to have him “exposed,” to die.

A disabled Prince so mistreated might, in royal wrath, take gruesome retribution on those who wronged him. In Sophocles’ tragedy, Oidipous kills his father and entangles his mother in incest.

Aristotle’s pioneering work of literary criticism, The Poetics, treats Oidipous as Everyman, arguing that we undergo his extreme experiences vicariously, as “fear and pity.” We return to our everyday lives purged, a “catharsis” in which our spirits are temporarily uplifted out of their dreary banality.

In this disability tale, things are made better; that which was lost is found.

Sadly, two millennia of mainstream lit crit fail to deal with the great moral fact of the play: Oidipous’ parents tried to kill him when he was a helpless baby.

/*****/

A dramatization of this theme, This is the Son of Kings, was published in this blog in 2013.

Friday, May 10, 2019

A Partial List of the Disabled Among Us

(See analysis of social attitudes toward disabled characters at end.)

Stephen Hawking, first rank physicist, Amyotrophic lateral sclerosis (Lou Gehrig's disease).

Oidipous Tyrannos, mythical star of the greatest drama (Oedipus Rex) of classical antiquity, talipes equinovarus (club foot).
"Nor is that other point to be passed over, that the Sphinx was subdued by a lame man with club feet …" - Sir Francis Bacon, Novum Organum
A reasonable translation of "Oidipous Tyrannos," following Bacon’s interpretation, is "Clubfoot the Ruler." When a drama has a name of this form, as with "The Hunchback of Notre Dame" or even "Beauty and the Beast," there is a certain hint as to how the plot will go.
Franklin Delano Roosevelt, the 32nd President. A polio survivor, he adroitly concealed that he could barely walk.

Michael J. Fox, who continued his acting career after he developed Parkinson's.

Michael Kinsley, founder of Slate Magazine, Parkinson's.

Helen Keller, blind and deaf.

John Nash, mathematician, schizophrenia.
See movie, A Beautiful Mind
Christy Brown, author, Cerebral Palsy.
See movie, My Left Foot
Demosthenes, classical era orator, stammer.

Vincent Van Gogh, painter, psychiatric illness.

Beethoven, composer, deaf.

Ray Charles, singer, blind.

Stevie Wonder, singer, blind.

Marlee Matlin, actress, deaf.

Peter Dinklage, actor, dwarfism.

Joaquin Phoenix, actor, cleft palate.

Jürgen Habermas, philosopher, cleft palate.

Stacy Keach, actor, cleft palate.

Flanner O’Connor, author, lupus.

Robert Pirsig, author, schizophrenia.

Sartre, philosopher, strabismus (exotropia).

Saul of Tarsus (the Biblical Saint Paul), had a “thorn in the flesh,” which was not described.

Sherman Alexie, author, hydrocephalus

Implied fictional disabled characters (other than Oidipous):

Beauty and the Beast

Boo Radley of To Kill a Mockingbird, psychiatric illness.

Of Mice and Men (Lenny Small, limited intelligence)

The Hunchback of Notre Dame

Tiresias in Oidipous, blind.

Forrest Gump (Crooked spine, I.Q 75)

Cyclops ("Circle Eye," i.e., One Eye)

Captain Hook (Missing hand)

Tiny Tim (possibly renal tubular acidosis (type 1), or rickets)

... And many more.

-*--

Apposite comments from the National Council of Teachers of English:
Are disabled people “pitiable, helpless, evil, super human, magically cured at the end, or dead?” Or are they complex individuals who enjoy their lives and have the same values, hopes, and aspirations as the mainstream?

Patricia Dunn:
Whether students are disabled or non-disabled themselves, they absorb impressions about characters like or unlike themselves from the books they read for school. So when they read books that feature characters with disabilities, what messages are they getting about disability? Does the story reinforce negative stereotypes (that disabled people are pitiable, helpless, evil, super human, magically cured at the end, or dead)?  Or does the text challenge negative stereotypes in its depiction of characters with impairments by showing that they are complex individuals, that they enjoy their lives and are as “normal” as non-disabled people, and that they have agency and voice?
She adds:
Works such  Johnson’s Accidents of Nature, Orr’s Peeling the Onion, and Alexie’s True Diary, written by authors with disabilities similar to those of their protagonists, depict these characters as fully developed individuals with agency, voice, and a critical attitude toward  their ableist societies.
Disabled people are America's largest minority, according to the Department of Labor and the website of the Americans with Disabilities Act. As well, a significant number of mainstream people will be disabled in later years, such as former President George H. W. Bush, wheelchair-bound in his last years. Disabled people are widely distributed among us; are powerful symbolic themes in some of our greatest works of literature; and are, in the final analysis, us.

Tuesday, March 12, 2019

A casebook on disability: Facial disfiguration

The first selection notes that in discussions of those whose civil rights are commonly violated, disabled people or often left out.
Jonathan Allen, on the deep divisions exposed by the fight over Rep. Ilhan Omar, in the form of “the list of groups targeted by hatred”: “Rep. Doug Collins, R-Ga., [noted] that Wiccans, Mormons and disabled people had been left out.” (Emphasis added)



Disfigured faces can provoke a fear reaction, leading to bullying and other social tyranny:
Fear of people with facial disfigurements is a common phobia, yet, unlike other fears -- of height, of water, of the dark -- it is seldom discussed, perhaps because so much popular culture, from The Iliad to Saw V, pivots upon this fear. Perhaps it is assumed: of course you are afraid of the man without a face. Who wouldn't be?

Or perhaps because, unlike fear of high places, water or the dark, teratophobia -- fear of disfigured people or of giving birth to a disfigured baby, literally 'fear of monsters' -- has a living object: the injured, burnt, unusual-looking people themselves. Drawing attention to the flinching reaction they often receive, the stares and mockery that are a routine part of their daily lives, can seem an additional cruelty, the sort of vileness enjoyed by schoolyard bullies.
Identifying friend and foe has been a survival skill. A disfigured face, perhaps not seeming human at all, can trigger an instinctive fear:
Why are distorted faces so frightening? Freud classified certain objects as 'unheimlich,' a difficult-to-translate word akin to 'uncanny': strange, weird, unfamiliar. Waxwork dummies, dolls, mannequins can frighten us because we aren't immediately sure what we're looking at, whether it's human or not, and that causes anxiety. A surprisingly large part of the human brain is used to process faces. Identifying friend from foe at a distance was an essential survival skill on the savannah, and a damaged face is thought to somehow rattle this system. ...

The psychologist Irvin Rock demonstrated this in his landmark 1974 paper 'The perception of disoriented figures.' Rock showed that even photos of familiar faces -- famous people like Franklin D Roosevelt, for instance -- will look unsettling when flipped upside down. Just as, if you tip a square enough it stops being a square and starts becoming a diamond, so rotating a face makes it seem less like a face. The mind can't make immediate sense of the inverted features, and reacts with alarm. A bigger change, such as taking away the nose, transforms the face severely enough that it teeters on no longer seeming a human face at all, but something else.
The author himself, who thought he was prepared, experiences “horror”:
That isn't a theoretical example picked out of the air. On another visit to the Craniofacial Center, I enter Seelaus's examination room to be introduced to a patient. He turns in the chair, and is missing the middle part of his face. There are four magnetic posts where his nose will go, and below it, a void revealing smooth yellow plastic. My eyes lock on his eyes, I shake his hand and say some words.

A half-hour later, standing on the elevated train platform, I still feel ... what? 'Harrowed' is the word that eventually comes to mind. Why? There was no surprise. I'm no longer a child but an adult, a newspaper reporter who has spent hours watching autopsies, operations, dissections in gross pathology labs. I was expecting this; it's what I came here for. What about his face was so unsettling?
Maybe seeing injured faces compels an observer to confront the random cruelty of life in a raw form. Maybe it's like peeling back the skin and seeing the skull underneath. Like glimpsing death. Maybe it touches some nameless atavistic horror. ...

Randall H James was born in Ohio in 1956. His first surgeries were done over the next couple of years at Cincinnati Children's Hospital by Dr Jacob Longacre, a pioneer in modern plastic surgery.
Our instincts often betray us into making an “automatic connection between inner person and outer appearance”:  “A disfigured person is a retard”:
"He was like a second father to me because I saw him so much," says James, who didn't celebrate a Christmas at home between the ages of 3 and 13. School holidays were for operations. Summers too.
When little Randy began school, his teachers in the city of Hamilton made a common mistake, the sort of automatic connection between inner person and outer appearance that has been the default assumption since history began.

"The teachers assumed I must be stupid," says James, who was put in a class with children who had learning disabilities -- until teachers realized that he was actually very bright, only shy, and missing an ear, which made it harder for him to hear. He was allowed to sit in the front of the room, where he could hear the teacher, and his grades soared. ...
The disability version of the Heckler's Veto: “You might make the students nervous”:
As a student at the University of Kentucky, James applied to be a residence hall adviser, someone who assists other students in navigating dorm life. The supervisor who rejected him candidly told him that his odd-looking ear could put others off.

"'You might make the students nervous,'" James recalls him saying, then paused, the pain still obvious after 40 years. "These were my classmates."
In the past, disfigured people were often subject to genocide: “A couple hundred years ago, people born with craniofacial conditions, they were just putting them in a bucket of water”:
We are a society where people thrive or fail -- in part, in large part -- because of appearance. The arrangement of your features goes far in deciding who you are attractive to, what jobs you get. Study after study shows that people associate good looks with good qualities, and impugn those who aren't attractive. Even babies do this, favoring large eyes, full lips, smooth skin. Billions of dollars are spent on plastic surgery by people who are in no way disfigured, just for that little extra boost they feel it gives to them, gilding the lilies of their attractiveness.

How do people with unusual appearances fit into such a world? For most of recorded history, children born with disfigurements were wonders, portents or punishments. If they were allowed to live. "A couple hundred years ago, people born with craniofacial conditions, they were just putting them in a bucket of water," said Dr David Reisberg, an oral plastic surgeon at the Craniofacial Center.
“Those that we call monsters are not so to God”:
But even then, astute observers saw beyond externalities. Michel de Montaigne in 1595 encountered a child conjoined to the half-torso, arms and legs of an undeveloped twin (what we would now call a parasitic twin), displayed by its father for money. Montaigne noted: "Those that we call monsters are not so to God, who sees in the immensity of His work the infinite forms that He has comprehended therein."
“With malice toward none, with charity for all,” said our kindest president.

Friday, February 1, 2019

Dwarf “Tossing”: Is it the business of the law to protect the dignity of the stigmatized?

Two days ago, National Review writer Katherine Timpf wrote:
A Washington state lawmaker has proposed legislation that would outlaw dwarf tossing, claiming that “it ridicules and demeans people with dwarfism.”
Dwarf tossing, by the way, is when a person with dwarfism volunteers to have someone throw him or her against a padded surface or Velcro wall, usually while wearing protective gear. Let me be clear: No one is forcing these dwarves to be thrown anywhere. Participation is completely and totally voluntary, and the dwarves who choose to participate are even usually paid for their performances, but the lawmaker — Republican state senator Mike Padden — wants to take this option to make a little extra cash away from them. ...
“There’s nothing funny about dwarf-tossing,” Padden said in a statement. “It ridicules and demeans people with dwarfism, and causes others to think of them as objects of public amusement.”
Timpf added, “I know that the aim of this bill is supposed to be to help dwarves, but I think it’s actually kind of offensive to them, if anything. After all, saying that such a bill would be necessary is basically suggesting that dwarves are not capable of making the decision about whether or not to participate in these sorts of activities for themselves. It’s also taking away from dwarves the opportunity to make a little extra cash — an opportunity that some dwarves might really want to take advantage of.”

In Mother Jones, Stephanie Mencimer reports that the judge nominated to fill the vacancy left by Kavanaugh's ascension to the Supreme Court finds solicitude for the dignity of the disabled coercive:
Neomi Rao, Trump’s nominee to replace Brett Kavanaugh on the powerful DC Circuit, ... has written at least two law review articles and a blog post in which she defended dwarf-tossing. ...
[In parts of France]  a judge upheld such bans because of “considerations of human dignity.” Rao considers these laws an affront to individual liberty that fails to recognize the right of the dwarf to be tossed. In one article, she wrote that the decision in France upholding the dwarf-tossing ban was an example of “dignity as coercion” and that it “demonstrates how concepts of dignity can be used to coerce individuals by forcing upon them a particular understanding of dignity.”
There are real-world consequences. John Sainsbury, in 2012:
In an incident that recently came to light, Martin Henderson, a 37-year-old British dwarf, was out celebrating his birthday when he was suddenly picked up and thrown by a "hooded thug" while trying to enjoy a cigarette outside a pub in Wincanton, Somerset. He is now confined for much of the time to a wheelchair. Police believe the perpetrator was inspired by reports about the alleged antics of [recreational dwarf tossers.]
Sainsbury continues, "There are issues of human dignity involved as well. If you toss one dwarf as if he were a mere object, doesn't that degrade the entire dwarf community?"

Civil rights is the protection of the autonomy and dignity of everyone, even the powerless. The contrary of dignity is humiliation, and the humiliation of the disabled is a familiar form of attempting to degrade, demean, and marginalize those who are different.

Social deprivation of dignity is often the first step in eroding the civil rights of the disabled. “You’re ridiculous, so don’t expect to be treated as if you aren’t.” Humiliation, the process of contriving to rob disabled people of ordinary human dignity, is social murder. Forever after, wherever the humiliation is known about, the victim attempts to participate in society under the burden of a spoiled identity, subject to the slights and slurs and open contempt of those who one once thought were friends.

Tuesday, January 8, 2019

The values of the left often discriminate against the stigmatized disabled

The politics of identity [POI] is the politics of approved identities, primarily "minorities," women, LGBTQ people, and subcultures at the present time.(1) But the nation's largest minority, the disabled, have a socially "spoiled identity," as Erving Goffman wrote.

Under the liberal principle that all people are created equal, this is a problem. Egalitarianism would not allow approved identities and disapproved identities. This is clearly not equality. To tag anyone as having a disapproved identity because of the group they were born into would be prejudicial discrimination under the principles of liberalism.

Theoretically, the politics of identity is about identities which produce targeting. "Minorities," women, LGBTQ people, and subcultures, are the identities progressives valorize because these groups have historically been the victims of racism, sexism, homophobia, and xenophobia. A disabled person of whatever race, gender, or class is targeted because disability stigma is spoiled identity. Because the disabled also have historically been targeted, the politics of identity would be expected to work to the advantage of people with disabilities as well.

That's not what actually happens. More typically, when members of the left see a white male (for example) who is one of the CPs (stigmatized by Cerebral Palsy or Cleft Palate), they remember that white males should be punished for racism, sexism, homophobia, and xenophobia. Here's an example:
At a party I, a white male CP attended, an East Asian community college teacher started asking intrusive questions when she discovered I wasn't a community college teacher like most of the people there. She persisted even when it was clear that I was uncomfortable with what seemed to be an insinuation that I didn't belong there. When she managed to work in a reference to someone she knew who was also--her exact words--"funny looking," the two guests to my left were visibly shocked.
I was shocked for a different reason. None of the teachers and instructors there expressed social disapproval at seeing a person with a birth defect demeaned and degraded by a colleague. What they saw was what they considered a "minority" giving a member of an oppressor group what he deserved.
This is an example of the way the left concept of justice for "minority" identities can produce a miscarriage of justice in the case of disability.

Another very touchy problem is that members of other cultures and ethnicities can be even more inclined to discriminate against disabled people than the American mainstream. From a disability blog:
"Al in Texas": I am not being critical of our growing foreign population, but the views regarding people with disabilities outside the USA can be harsh and I am seeing more of that pop up in my daily life than I ever have.
As one of the CPs, I sometimes hear someone mutter, "pendejo," as I make my way down the aisle of a crowded bus.

Writer James Fallows observed this in China:
The real story here is about the situation of dwarves in China. Airen, 矮人, or small people. When we lived in Shanghai a few years ago, I happened to be walking behind a dwarf, on a lane near where we lived. Everyone coming our way slowed down to point and laugh at him. Later many people explained to me that laughing is the behavior of embarrassment, and that the Chinese were uncomfortable and embarrassed at seeing someone who looked unusual and so different from the norm.
And the treatment I experienced at the hands of an East Asian community college teacher, above, may be an illustration of the "harsh" effect that some immigrants and refugees can have on America's largest minority.We all welcome the tired, the poor, the huddled masses yearning to breathe free to this great land, but as "Al in Texas" observed, that does not excuse prejudicial "views regarding people with disabilities."

Here again, the values of the left exacerbate the problem. "Minorities," women, LGBTQ people, and subcultures are valorized; funny looking awkward people who offend us by making us feel uncomfortable do not have the support of the community. And democracy, says these values, is the will of the community.

(1) The Politics of Identity tends to produce ad hominem argument. Here Andrew Sullivan's observation concerning campus left values may be apropos:
Unashamed resort to ad hominem fallacy on campus now: "The idea that only a member of a minority group can speak about racism or homophobia, or that only women can discuss sexual harassment. The only reason this should be the case is if we think someone’s identity is more important than the argument they might want to make."

Friday, December 21, 2018

Does America's largest minority still have a "spoiled identity?"

This morning, Lisa Rose wrote,

The federal definition of a hate crime includes any offense that "attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person."”
This selection is highlighted. Note that disability is excluded in her cite of federal law.

Later in her article Ms. Rose adds an uncited remark: “Additionally, any offense committed against an individual because of actual or perceived gender, sexual orientation, gender identity or disability is also a hate crime.”

For practical purposes, America's disabled, and particularly those with birth defects, have been left out of the civil rights revolution.

The Disability Rights Washington website does not list any of the terms for cleft palate (though it does list cerebral palsy).

We are America’s largest minority, according to the Department of Labor and the ADA. But we seem to have a "spoiled identity" (as seen below) in ways that other identities do not. Late night shows such as Stephen Colbert's regularly feature racial minorities, but I do not ever recall seeing a disabled person there.

From our blog post of July 6, 2014:
In Stigma: Notes on the Management of Spoiled Identity, Sociologist Erving Goffman wrote:
The dwarf, the disfigured, the blind man, the homosexual, the ex-mental patient and the member of a racial or religious minority all share one characteristic: they are all socially "abnormal", and therefore in danger of being considered less than human. Whether ordinary people react by rejection, by over-hearty acceptance or by plain embarrassment, their main concern is with such an individual's deviance, not with the whole of his personality. "Stigma" is a study of situations where normal and abnormal meet, and of the ways in which a stigmatized person can develop a more positive social and personal identity. (Emphasis added)
An entry by Deborah Fallows in James Fallows' column three years ago illustrates this:
The real story here is about the situation of dwarves in China. Airen, 矮人, or small people. When we lived in Shanghai a few years ago, I happened to be walking behind a dwarf, on a lane near where we lived. Everyone coming our way slowed down to point and laugh at him. Later many people explained to me that laughing is the behavior of embarrassment, and that the Chinese were uncomfortable and embarrassed at seeing someone who looked unusual and so different from the norm. (Emphasis added)
The rules of behavior in mainstream America tend to prevent such openly discriminatory behavior on the street. But as many of the previous posts on this weblog demonstrate, disability discrimination—a violation of our own professed values—is prevalent throughout our society. The sociologist notes that the effect is reduced "life chances": 
Goffman [says] “The term stigma, then, will be used to refer to ... a special kind of relationship between attribute and stereotype” (2). [1] Observing that “the person with stigma is not quite human” (3), Goffman explains that the our unconscious assumptions lead us to “exercise varieties of discrimination, through which we effectively, if often unthinkingly, reduce his life chances.”
Our society is becoming more identity-conscious, not less; to the detriment of universal justice.

Monday, December 17, 2018

“Our impairments aren't what disable us ... society does that.”

A person with a cleft palate (PWACP) reports that at the college they attended there four people with cleft palate. Only the one with facial characteristics of cleft palate was treated as disabled.
Margo Victoria Bok and others in the BC Disability Caucus Facebook page:

“Government needs to act on making educational environments far more supportive for those in both k to 12 and post secondary A big part of that needs to be insisting that organizations address the prejudice and discrimination that is far too commonplace. People need to learn that we aren't less able than the nondisabled. Our impairments aren't what disable us ... society does that.”

“Yes, very true. I like the way she put it because the disabled are so seriously marginalized. Prejudices about us are accepted as truth by so many. So, it's especially tough for the disabled to find environments that are inclusive, supportive and accepting.”


Martha Nussbaum in Reason 2004:
On the other side, our society also has been thinking a lot about how to protect citizens from shame. One can see this in particular in recent public debates about citizens with disabilities, where much attention is given to how both employment and education can be non-stigmatizing. One of my questions is whether it is coherent to favor a restoration of shaming in criminal punishment, while seeking to protect all citizens from shame. I hold that there is no surface inconsistency in such a position, but that there is a deeper inconsistency, because an interest in shame in punishment is ultimately inconsistent with respect for the equal dignity of all citizens. (Emphasis added)
As one PWACP says, we aren't anti-social. Society is anti-us.

We need a new narrative. "Prejudices about us are accepted as truth by so many." A common experience can occur when we attend a party. Someone starts asking supposedly friendly questions, but the subtext is negative. They are rhetorical questions. People start edging away, but nobody in the social group objects, even though it is clear that the one person present who is different is being put on the hot seat. "Prejudice and discrimination ... is far too commonplace." The subtext is, "what's a misfit doing at a party?" It's a double standard. The mainstream wouldn't stand by and do nothing if a derogatory environment was being created for a racial minority.

The reciprocity principle expressed in the first post in this blog:
Reciprocity principle: If a remark or an action or an attitude would be seen as discriminatory if directed toward a minority, it is discriminatory for us. We have exactly the same civil rights, even if the justice system does not act as if we do. - Introduction: Social Attitudes and the Disability Cohort

Wednesday, January 18, 2017

Disability Prejudice is Often Exacerbated by Other Prejudices, Such as Race

In a current post on Slate.com, Julia Bascom notes that the emerging humanitarian safety net policies of the president-elect do not augur well for the disabled, particularly disabled people of color. Our previous blog post noted an "incident in which Trump mocked a disabled reporter." Ms. Bascom describes this and other adverse actions:
Our president-elect famously mocked a disabled journalist at a rally (and, implausibly, continues to deny what we all saw happen). But that moment isn’t what keeps me up at night. What renders me sleepless is the fear of his proposed policies: repealing the Affordable Care Act; shuttering the Department of Education; appointing a Cabinet with no regard for civil rights, safety nets, or inclusion, to be overseen by a vice president who gutted Medicaid in his state and a speaker of the House who wants to gut Medicare.
Bascom lists ways in which the current Obama administration has worked to improve the situation of the disabled:
The DOJ also clarified that the Americans With Disabilities Act applies to people with disabilities in the criminal justice system, including in the contexts of policing, prison, and re-entry into society after incarceration—badly needed guidance, given that more than 50 percent of the victims of police violence are people with disabilities, particularly disabled people of color.
and
[The Department of Education] urged schools to move away from restraint, seclusion, corporal punishment, and other forms of discipline that disproportionately target students with disabilities (particularly disabled students of color). In 2014, the department clarified that bullying can be considered a violation of a student’s civil rights, including the right to a free and appropriate education in the least restrictive environment.
The marginalizing and disenfranchising of the disabled, as noted in previous posts here and here, stems in part from the social tendency to regard those who are different as somehow less than fully human. As Julia Bascom remarks, respecting the disabled involves "recognizing our humanity, our dignity, and our fundamental rights." She adds, "Trump ... sees [the disabled] as damaged goods."

Tuesday, June 21, 2016

Sometimes Disability Discrimination is Extreme

Four years ago The New York Times reported:
In January, the actor Peter Dinklage surprised himself during his own Golden Globe acceptance speech. Dinklage had won the award for best supporting actor in a TV series for his portrayal of the complex, sharp-tongued Tyrion Lannister, who’s the closest thing to a hero in HBO’s epic swords-and-sex hit “Game of Thrones,” which returns for its second season on April 1. As he took the statue from the presenter, Piper Perabo, the onstage microphone stand quietly lowered into the floor to accommodate the 4-foot-5 actor.
Dinklage thanked the people he needed to thank — the author George R. R. Martin, who wrote the novels on which “Game of Thrones” is based; his mother in New Jersey; the cast and crew. As the wrap-it-up music began to swell, Dinklage thought about what his wife had been telling him all night at their table: “Let people know. It isn’t right.” He hesitated a moment, then thought, I’m just gonna do it. “I want to mention a gentleman I’ve been thinking about, in England,” he said quickly. “His name is Martin Henderson. Google him.”
What was Martin Henderson's story? The Telegraph reports:
Martin Henderson - celebrating his 37th birthday with friends - was thrown into the air by a hooded thug in a copycat of the shamed England rugby star Mike Tindall's behaviour in the summer.
Tindall was kicked out of the Elite Player Squad squad and fined £25,000 after a Rugby Football Union investigation into his drunken night in a dwarf-themed Queenstown bar.
In the copycat incident a month later, Mr Henderson suffered damage to nerve tissue in his spine causing his legs to go numb after landing on his back on the pavement.
Officers have now launched an investigation into the incident.
Mr Henderson condemned the hooded stranger yesterday (Thurs) after the cruel prank left him confined to a wheelchair.
He said: "From what I remember, there was only one person involved but it was very scary as I didn't know what was going on.
"I guess I was an easy target and the only reason I was picked on was because I am small.
"People's attitudes to me when I go out can be pretty cruel. Most are OK but you get the odd idiot who will make fun and start laughing at me.
"You just have to ignore it but this is the first time I have been picked up and thrown about."
Mr Henderson, who has dwarfism, was celebrating his birthday at the White Horse pub in Wincanton, Somerset, on October 7 when the prankster struck.
It came one month after England rugby players were caught 'dwarf throwing' at a bar during a drunken night out.
Boys will be boys, won't they?

Dwarfaware:
I have a son who is funny, adorable, smart and just happens to be a Little Person. He was born with Achondroplasia; it is the leading cause of dwarfism. Thanks to many hard-working and talented people, the public at large has become more familiar with persons of short stature. Still, there are many misconceptions, misunderstandings and questions that average stature people have. I’d like to answer some of them.

• Around 80% of babies born with dwarfism come from average stature parents.
• They are of the same intelligence as the more general public.
• They are surgeons, lawyers, teachers, athletes, artists, journalists, and almost every other profession you can think of.
• The unemployment rate is higher than any other able-bodied group of people.
• The “M” word, or “midget”, is offensive to most little people. It does not refer to any one type of dwarfism. It is just a bad word.
• My son has a disproportionate type of dwarfism, that means his upper arms and legs, for instance, are shorter than average. He is perfectly proportioned for who he is, but is not the same, proportion-wise as taller folks.
• Persons with Achondroplasia, (Achons), compare equally in intelligence, talent, and ability to get the job done.
• Achons have medical issues, but rarely ask for assistance. They do have the same life expectancy as anyone else.


Those are the some of the facts.


Here are some myths:


• Little people love poking fun at how they appear to others.
• Little people only date other little people.
• They must agree with being called a midget or treated as one because they are always on t.v. dressed up as funny characters.
• Dwarfs cannot handle themselves in the workplace; they scare clients away and are always absent. They need too much special equipment.
The Telegraph article continues:
Mr Henderson has also suffered a broken wrist since the attack after he fell over when his legs gave way.
A spokesman from Avon and Somerset Police said: "Officers investigating would like to speak to anyone who may have been in the pub on the night of October 7.
"It follows an incident in which a small person was picked up by an unknown person in the bar and dropped."
The man was described as being of a slim build, dark hair, around 5 ft 8 inches tall and wearing a hooded top and baseball cap.
From our blog post of July 6, 2014:
In Stigma: Notes on the Management of Spoiled Identity, Sociologist Erving Goffman wrote:
The dwarf, the disfigured, the blind man, the homosexual, the ex-mental patient and the member of a racial or religious minority all share one characteristic: they are all socially "abnormal", and therefore in danger of being considered less than human. Whether ordinary people react by rejection, by over-hearty acceptance or by plain embarrassment, their main concern is with such an individual's deviance, not with the whole of his personality. "Stigma" is a study of situations where normal and abnormal meet, and of the ways in which a stigmatized person can develop a more positive social and personal identity. (Emphasis added)
An entry by Deborah Fallows in James Fallows' column three years ago illustrates this:
The real story here is about the situation of dwarves in China. Airen, 矮人, or small people. When we lived in Shanghai a few years ago, I happened to be walking behind a dwarf, on a lane near where we lived. Everyone coming our way slowed down to point and laugh at him. Later many people explained to me that laughing is the behavior of embarrassment, and that the Chinese were uncomfortable and embarrassed at seeing someone who looked unusual and so different from the norm. (Emphasis added)
The rules of behavior in middle class America tend to prevent such openly discriminatory behavior on the street. But as many of the previous posts on this weblog demonstrate, disability discrimination—a violation of our own professed values—is prevalent throughout our society. The sociologist notes that the effect is reduced "life chances": 
Goffman [says] “The term stigma, then, will be used to refer to ... a special kind of relationship between attribute and stereotype” (2). [1] Observing that “the person with stigma is not quite human” (3), Goffman explains that the our unconscious assumptions lead us to “exercise varieties of discrimination, through which we effectively, if often unthinkingly, reduce his life chances.”
Our society is becoming more identity-conscious, not less; to the detriment of universal justice. Identity-on-the-right characterizes the current presidential campaign of Donald Trump, who makes political hay out of prejudice against Muslim, Mexican, female, and disabled identities.

Last August, it was reported that the illiberal campus left imposed self-censorship rules on students deemed to have spoken in the wrong way about selected identities:
Multiple professors at Washington State University have explicitly told students their grades will suffer if they use terms such as “illegal alien,” "male," and “female,” or if they fail to “defer” to non-white students.

According to the syllabus for Selena Lester Breikss’ “Women & Popular Culture” class, students risk a failing grade if they use any common descriptors that Breikss considers “oppressive and hateful language.”

"Students will come to recognize how white privilege functions in everyday social structures and institutions.”


The punishment for repeatedly using the banned words, Breikss warns, includes “but [is] not limited to removal from the class without attendance or participation points, failure of the assignment, and— in extreme cases— failure for the semester.”

Breikss is not the only WSU faculty member implementing such policies.

Much like in Selena Breikss’s classroom, students taking Professor Rebecca Fowler’s “Introduction to Comparative Ethnic Studies” course will see their grades suffer if they use the term “illegal alien” in their assigned writing.

According to her syllabus, students will lose one point every time they use the words “illegal alien” or “illegals” rather than the preferred terms of “‘undocumented’ migrants/immigrants/persons.” Throughout the course, Fowler says, students will “come to recognize how white privilege functions in everyday social structures and institutions.”
For disabled people the problem with this is that neither right identity politics nor left identity politics is concerned with impartial justice. Universal justice protects everybody from civil rights violations: it is about what, not who. Martin Henderson was permanently injured, and the dwarf in China subject to open public mockery, because disability stigma is a "spoiled identity" in a world which valorizes or punishes based on identity rather than a sense of justice.

As Martin Luther King said, "injustice anywhere is a threat to justice everywhere."

Tuesday, December 29, 2015

A Shadow Existence

Imagine that you are an African American posing for your driver's license renewal photo and the photographer, a state employee, paid by your taxes, says, "Cheese, Whiskey, [n-word]." Would it be a civil rights violation?

This actually happened: A person with a cleft palate had the state photographer, in the same situation, say, "Cheese, Whiskey, Harelip." Was that a civil rights violation?

This actually happened: A pwacp was starting to cross a city street when he heard a voice talking. The voice was saying, "Nobody likes you, nobody wants you, go away." It was a guy leaning his head out the window of his van, which he had stopped in the middle of the intersection. Was that a civil rights violation?

Just this last Christmas: A pwacp was waiting in the lobby of his apartment building for his ride to a family celebration. Another tenant went through the lobby on an errand; the same tenant came through on another errand a few minutes later. Then the apartment manager came out, and said "Oh, you're waiting for your ride." The tenant had reported the disabled person (who is elderly) as "suspicious." Was that a civil rights violation?

When it comes to civil rights, the disabled often lead a shadow existence. What would almost certainly be treated as a civil rights violation if it happened to a "minority" becomes a different matter, somehow, when it happens to disabled people, as if justice has two different ways of looking at discrimination, depending on who you are.

Two years ago this blog recounted a case of discrimination against a little girl with cerebral palsy:

An Ohio man faces one month of jail time for teasing and taunting a 10-year-old girl with cerebral palsy after a video of the incident went viral.
On Nov. 27, Judge John A. Poulos of the Canton Municipal Court sentenced 43-year-old William Bailey to 29 days in jail. ...
William Bailey "was dragging his leg and patting his arm across his chest to pick his son Joseph up," said [Tricia] Knight. "I asked him to please stop doing this. 'My daughter can see you.' He then told his son to walk like the R-word." ...
The next day Knight posted the video on her Facebook page while [Knight's mother-in-law, Marie] Prince uploaded the video they called "Bus Stop Ignorance" to YouTube. Within days, the video went viral. ...
A local assistant city prosecutor observed:
"I think when we look at cases, there's case law out there regarding people commenting and gesturing against race and religion. But ... there's nothing out there regarding disabilities ...." [What charge did the prosecutor use? "Menacing." Apparently no civil rights charge applies.]
The law has always been about what happens (i.e., was it a crime?), not who it happens to. Burglary is burglary, for example; and it's not supposed to matter if you're rich or poor, ethnic or "mainstream," able or disabled, a "person of faith" or otherwise.

But the Civil Rights Act (1) was implemented as protected class. It is not a law for everybody. It is a private law (literally, "privilege")(2) for those to whom it applies. Case in point, as reported in an earlier post:
Would the court system of a liberal society, sidestepping universal justice, treat "protected class" as a term at law? One has only to read the news:
Publication: The Spokesman Review - Publish date: March 2, 1996
A state judge supports an earlier court ruling giving Spokane restaurants the right to refuse service to Hells Angels wearing their club insignia.
Spokane County Superior Court Judge Neal Rielly, in a written ruling released Friday, says members of the biker gang aren't a "protected class" under state or federal discrimination laws.
 The enshrining of "protected class" in the law of the land (despite the first Justice Harlan's objection "Our Constitution is color-blind and neither knows nor tolerates classes among citizens") has had sinister consequences for the disabled. The state driver's license photographer, above, probably wouldn't have used the n-word with an African American applicant. He did use the h-word with a disabled applicant.

The authors of the Civil Rights act probably never dreamed that exclusion from protected class would be taken by many as rendering a certain group of people "a stranger to [our] laws."(3) As Romer v. Evans later went on to suggest, such jurisdictive tactics can tend to "make them unequal to everyone else."

Welcome to civil rights American style. If you're disabled, you're not in the class protected from slurs and slights, "commenting and gesturing," bullying and menacing, and profiling. You're a second class citizen, and the mean and the bigoted (see above) have figured this out. Welcome to constant and pervasive marginalization. Welcome to "life" in the shadows.



(1) The Civil Rights Act of 1964, which ended segregation in public places and banned employment discrimination on the basis of race, color, religion, sex or national origin, is considered one of the crowning legislative achievements of the civil rights movement. - http://www.history.com/topics/black-history/civil-rights-act [Note that disability is left out.]
(2) The Google search for "privilege," under Word Origins, notes the word's roots as privus, "private," and lex, "law."
(3) We must conclude that Amendment 2 classifies homosexuals not to further a proper legislative end but to make them unequal to everyone else. This Colorado cannot do. A State cannot so deem a class of persons a stranger to its laws. Amendment 2 violates the Equal Protection Clause, ... - Romer v. Evans [Note that deeming "a class of persons a stranger to its laws" is thought to "make them unequal to everyone else".]

Sunday, July 26, 2015

A Recent Book on the Civil Rights of the Disabled


This is a collection of notes, with comments, from What We Have Done: An Oral History of the Disability Rights Movement - Fred Pelka, 2012

In the first post of this weblog, we wrote:
A reciprocity principle: If a remark or an action or an attitude would be seen as discriminatory if directed toward a minority, it is discriminatory for us. We have exactly the same civil rights, even if the justice system does not act as if we do
 As Pelka writes, "People with disabilities are an oppressed minority with protected rights." (p. 3) He continues:
Robert Funk . . . has recounted the history of what he calls "the humanization of disabled people" in America as the journey of individuals with disabilities from "objects of pity and fear . . . who are incapable and neither expected nor willing to participate in or contribute to society" to a "disability rights movement" which maintains that "disabled people have the constitutional and human right to equal citizenship, that is, the right to be treated as a person worthy of dignity and respect." (p. 4)
Our first post continued:
People with cleft palates bear two stigmas: the stigma of disability; and the stigma of birth condition, which is considered guilt by many. An example of the latter from the 1st Century: Paraphrasing John 9:2, "Master, did this man sin . . . that he was born thus?"
Pelka:
Americans with disabilities have generally found themselves, as the activist Justin Dart Jr. put it, the nation's "poorest, most oppressed group." ...

"The persistent thread within the Christian tradition," writes theologian and sociologist Nancy Eiesland, "has been that disability is either divinely blessed or damned: the defiled evildoer or the spiritual superhero." ... [In parts of the third world] religious tradition regards disability as a form of "divine punishment" for alleged sinfuless. (p. 5)
Social attitudes can render the disabled the scapegoats of our society:
Rosemarie Garland-Thomson: "According to [Melvin] Lerner, the human need for order and predictability gives rise to the belief that people get what they deserve or that the way things are is the way they should be....if something 'bad'—like having a disability—happens to someone, then there must be some 'good' reason—like divine or moral justice, for its occurrence." ... it results in victim-blaming and scapegoating of those who are different. (p. 6)
In This is the Son of Kings, we suggested that the classic tragedy Oedipus the King paralleled the traditional treatment of a baby with a club foot disability in some Greek city-states. Pelka:
According to [Henri-Jacques] Stiker, the religious systems of Graeco-Roman antiquity were even less tolerant . . . In both ancient Athens and Sparta infants with disabilities were "exposed," taken "outside to an unknown location and [left to]...expire in a hole in the ground or drown in a course of water." The birth of disabled infants was believed to "signal the possibility of misfortunes and are [sic] explained by the anger of the gods. Deformed infants are exposed because they are harmful, maleficent. They implicate the group." (pp. 6-7)
In Internalized Discrimination: You're Not Supposed to SAY That, we suggested a powerful social pressure to remain silent. Pelka:
Robert Garland: "[The disabled were generally held in disdain] both by their families and by society at large. ... The disabled themselves were encouraged to feel a certain shame for their own physical condition." Disability rights activists today would call this "internalized oppression"—the absorption by oppressed people of the judgments and assumptions of the majority culture. p. 7
In the last note taken so far from Pelka's book:
Tim Cook: "Persons with disabilities were believed to simply not have the 'rights and liberties of normal people.'" (p. 11)
In a post November 26, 2014 we wrote:
“Spoiled Identity”: When the Disabled Are Not In “A State of Society” - In Pauline Maier's American Scripture we find:
In June 1776 the Virginia Convention ... amended the ... draft so it said that "all men are by nature equally free and independent" and had "certain inherent rights" ... "when they enter into a state of society." The statement ... freed the state of Virginia from an obligation to recognize and protect the inherent rights of slaves since ... slaves had never entered Virginia's society, which was confined to whites. - Pauline Maier, American Scripture: Making the Declaration of Independence, p. 193 (Emphasis added)
The post continues:
What is significant here is that the basic human rights—normal human rights—are not guaranteed simply because a person is human, but only if society accepts the person. The "spoiled identity" which sociologists recognize in such stigmatized people as the disabled, and especially those with birth defects, often means a specific lifetime exclusion from society. The results, as implied by the following defamatory passage from the Time Magazine web site, can be devastating:
Another six months of Monica, have mercy; I don't care if it harelips the Governor. - Molly Ivins, Time.com
The sociologist notes that the effect is reduced "life chances": 
Goffman [says] “The term stigma, then, will be used to refer to ... a special kind of relationship between attribute and stereotype” (2). [1] Observing that “the person with stigma is not quite human” (3), Goffman explains that the our unconscious assumptions lead us to “exercise varieties of discrimination, through which we effectively, if often unthinkingly, reduce his life chances.”

Friday, October 17, 2014

Nussbaum on Shame, Disgust, and Disability Discrimination


In 2004 Martha Nussbaum discussed the idea of shame as an instrument of public policy. Shaming those who willfully degrade and disregard the public good, it was argued, would advance civil society. She said:
Shame has been a prominent topic in recent discussions of punishment. Theorists and practitioners have favored bringing back the blush on the face, so to speak, punishing people by some form of public humiliation instead of a fine or community service. Shame punishments have a long history: Consider the "scarlet letter" and the pillory. The recent revival of interest in such punishments is closely connected with a sense (on the part of communitarians) that we have lost our public sense of shame, the collective social boundaries that shame once policed.
Nussbaum put this in the context of disability discrimination:
On the other side, our society also has been thinking a lot about how to protect citizens from shame. One can see this in particular in recent public debates about citizens with disabilities, where much attention is given to how both employment and education can be non-stigmatizing. ... An interest in shame in punishment is ultimately inconsistent with respect for the equal dignity of all citizens.
A characteristic of disability stigma is the tendency to dehumanize disabled people, denying them respect and dignity. Scapegoating—the tendency to project fear of one's own faults on a targeted group—underlies the “disgust” which precedes shame:
As psychological research shows, people tend to project disgust properties onto groups of people in their own society, who come to figure as surrogates for people's anxieties about their own animality. By branding members of these groups as disgusting, foul, smelly, slimy, the dominant group is able to distance itself even further from its own animality.
Emotions such as anger can produce corrective action. Nussbaum observes, “Some emotions are essential to law and to public principles of justice: anger at wrongdoing, fear for our safety, compassion for the pain of others, all these are good reasons to make laws that protect people in their rights.”

But shame and disgust are nonpolitical in a liberal society:
I think that even the moralized form of disgust is problematic, for two reasons. First of all, it is frequently a screen for the more primitive kind of disgust. When people express disgust about a group whom they take to be a source of social decay, citing moral grounds, there is often something much uglier going on. ... Second, even when the moralized disgust is not a screen for something else, it is ultimately an unproductive social attitude, since its direction is anti-social. Anger is constructive: Its content is, "This harm should not have occurred, and the imbalance should be righted." Most philosophical definitions of anger include the thought that the wrong should be punished or somehow made good. Disgust, by contrast, expresses a wish to separate oneself from a source of pollution; its social reflex is to run away. (Emphasis added)
In "Spoiled Identity": When the Disabled are Not in "A State of Society" this weblog noted:
What is significant here is that the basic human rights—normal human rights—are not guaranteed simply because a person is human, but only if society accepts the person. The "spoiled identity" which sociologists recognize in such stigmatized people as the disabled, and especially those with birth defects, often means a specific lifetime exclusion from society.
Martha Nussbaum notes the collectivist impulse motivating many shamers:
The prominent defenders of the appeal to disgust and shame in law have all been communitarians of one or another stripe ([Lord] Devlin, [Amitai] Etzioni, [Leon] Kass), and this, I claim, is no accident. What their thought shares is the idea that society ought to have at its core a homogeneous group of people whose ways of living, of having sex, of looking and being, are defined as "normal." People who deviate from that norm may then be stigmatized, and penalized by law, even if their conduct causes no harm.
Such surrender to conformism is contrary to the liberalism underlying the founding of the United States:
My study of disgust and shame shows that these emotions threaten key values of a liberal society, especially equal respect for people and for their liberty. Disgust and shame are inherently hierarchical; they set up ranks and orders of human beings. They are also inherently connected with restrictions on liberty in areas of non-harmful conduct. For both of these reasons, I believe, anyone who cherishes the key democratic values of equality and liberty should be deeply suspicious of the appeal to those emotions in the context of law and public policy.


Further reading in Martha Nussbaum's thought on human dignity:
Let’s start with an assumption that is widely shared: that all human beings are equal bearers of human dignity.  It is widely agreed that government must treat that dignity with equal respect.   But what is it to treat people with equal respect in areas touching on religious belief and observance? ...
On the whole, the accommodationist position has been dominant in U. S. law and public culture - ever since George Washington wrote a famous letter to the Quakers explaining that he would not require them to serve in the military because the “conscientious scruples of all men” deserve the greatest “delicacy and tenderness.” - Veiled Threats [NYT], 2010