Fetal personhood in NSW: “an issue that should be of serious concern to all of us”

This article originally appeared on Hoyden About Town.

NSW Parliament is sitting in March, and after Crimes Amendment (Zoe’s Law) Bill (No. 2) 2013 passed the lower house after a conscience vote late last year, it is before the upper house. The campaign opposing it is Our Bodies Our Choices (see also @OurBodiesChoices on Twitter).

I attended a forum on 26th September 2013 hosted by Greens MLC Dr Mehreen Faruqi with speakers opposing the law and hope to transcribe and share them with you this week. The first speaker, shown in the video below, was health lawyer Julie Hamblin, opposing the bill on the grounds that even limited recognition of fetal personhood, combined with the legal grey area of abortion access in NSW, would allow someone to challenge access to abortion in NSW.

(
{“video_url”: “http://www.youtube.com/watch?v=cN3jRfxgE-U”}
)

Note: as with Philippa Ramsey, the following speaker, I think most members of the Hoyden community will be concerned by Hamblin’s positioning of abortion on the grounds of fetal anomaly as a special case concerning. In 2009 Lauredhel wrote the following:

As a feminist, I believe that we can have the abortion-rights conversation without marginalising, othering, and disparaging people with disabilities. I believe we can talk about abortion within that broader framework of reproductive justice, and that we can confront the ableism that creeps into some abortion-rights conversations head-on. This takes effort; we must think clearly, write carefully, read closely.

As I recall, Ramsey in particular was challenged on this in question time, Leslie Cannold, who spoke third, agreed with the question and wanted the pro-choice movement to stop relying on this argument.

Transcript

Mehreen Faruqi: Good evening and welcome everyone. I’m Mehreen Faruqi and I’m a Greens MP in State Parliament. I have the carriage of the Portfolio for the Status of Women for the Greens and I also have the privilege tonight of being your MC. I’ll start by acknowledging the traditional owners of the land we’re meeting on the Gadigal people and pay my respect to the elders past and present. This land always has been and always will be Aboriginal land.

I’d also like to acknowledge a couple of my colleagues from NSW Parliament: Greg Piper, who’s an Independent in the lower house and Dr John Kay, who’s a Greens in the upper house. Thank you both for coming. And thank you all of you for making time tonight to come and participate in this community forum which really is about helping us unpack some of the implications of this fetal personhood law which is also known as “Zoe’s Law” that we have in front of Parliament at the moment.

This law is being debated in NSW Parliament at the moment so I think it’s really timely that we talk about it discuss it and get enough information about it to see why it is actually inappropriate and dangerous for women’s rights. The media has given quite a bit of coverage the last couple of months also NSW Bar Association and the Australian Medical Association Family Planning NSW and the Greens have come out and clearly stated their position in opposition to this Bill. There’s also a coalition, a group formed by a coalition, of women’s groups called Our Bodies Our Choice who are running the campaign also to provide information to the community to lobby the MPs, to provide information to them about the implications of the bill.

And tonight we’re really fortunate to have three excellent speakers with us who will take us through the legal, health and medical implications as well as the consequences for women’s rights of this particular bill. Each of our guests is going to speak for about 10 to 15 minutes and then we’ll open up for about 30 minutes to 40 minutes to have a discussion and also to ask questions of our speakers.

We will be recording tonight’s session and we’ll make a Youtube and put it up on our website so if you have any issues being recorded it will mainly be the speakers but we might record you when you’re asking your question if you have any issues with that just let us know and we’ll edit you out.

OK, so our first speaker for tonight is Julie Hamblin. Julie is a lawyer with more than 20 years experience advising the public and private health sectors on health law, medical negligence, clinical risk, bioethics and public health. She has held a number of government appointments in the health sector including the Australian Research Integrity Committee, the Australian National Council on HIV/AIDS and Related Diseases, and the board of the former Central Sydney Area Health Service. In December 2012, Julie was appointed to the NSW Clinical Ethics Advisory Panel. Julie has a long standing interest in sexual and reproductive health, and has undertaken consultancy work with HIV and related sexual health issues in more than 20 countries, in Asia, the Pacific, Africa and Eastern Europe. So please warmly welcome Julie Hamblin.

[applause]

Julie Hamblin: Thank you Mehreen, thank you everyone for coming along tonight to talk about this really important issue it’s something that’s very close to my heart and I, um, think it’s so important that we all understand exactly what is at stake with the bill that is before NSW Parliament at the moment.

What I wanted to do in my comments is to talk first of all very briefly about how the law currently regards fetuses and why a legal person — a fetal personhood law would be such a significant change to the existing law. And then I want to spend a little bit more time talking particularly about the legal status of abortion in NSW because this is one of the things that I am particularly concerned about in relation to Zoe’s Law because we have a really uniquely precarious position with abortion law in NSW. And i think we all need to understand the fragility of lawful abortion in this state in order to realise just how risky it would be if this bill goes through.

So just to give a little bit of a background about how the law has traditionally regarded fetuses. In short, the law in NSW has always adopted what is known as the ‘born alive’ rule. And what that says is that until a child is born and takes a breath the child is not to be regarded as a legal person. And so there are some situations around the edges where the law has had to look at should there be changes made to the born alive rule?

Let’s say for example, there have been cases where a pregnant woman has been involved in a car accident and has had, has sustained injuries which has included an injury to her fetus. And the courts have held that if that fetus goes on to be born alive, hence the born alive rule, goes on to be born alive, the fetus as a person, as a legal person after birth, will have the right to claim damages, to be compensated for the injuries sustained while in his or her mother’s womb. But that legal right only crystallises, and this is a really important point, that legal right only crystallises once the child is born alive.

And so although there is a recognition of injuries sustained while a fetus, the principle of the born alive rule is maintained. And there are numerous examples of that. There was one I was reading about just a couple of weeks ago in relation to the coroner’s jurisdiction. Because under the coronial legislation certainly in NSW and I think in most states in Australia the coroner has jurisdiction only to investigate deaths. So if it’s a stillbirth, under the Coroner’s Act, the coroner doesn’t have jurisdiction, because you haven’t had a person who has been born alive. And there has been some debate about whether it would be appropriate for the coroner’s jurisdiction to be expanded so that the coroner could investigate circumstances surrounding stillbirths as well as circumstances surrounding the deaths of children who have been born alive.

But that hasn’t happened, and even in the literature about a possible extension of the coronial jurisdiction to stillbirths which would be much less concerning than a full recognition of fetuses as a person there has been opposition to that on the basis that that would encroach upon the born alive rule which is considered to be a very important dividing line as to why—, when and in what circumstances the law should recognise someone as an individual person.

So that’s a starting point. We have in NSW the born alive rule, it is a very strong and very well established legal principle. And I am certainly not aware of any other case, and an example of a court decision or of legislation, which has departed from the born alive rule.

So that’s the background that we have when we look at Zoe’s Law. Because Zoe’s Law would be a radical departure from the born alive rule. And all those who support it say but it’s only limited to the particular circumstances of grievous bodily harm offenses that it would relate to but none the less, in legal terms, it would be a very significant development because it would be the first time that NSW law
has recognised a fetus as a legal person. And that is a very significant change to the law.

Why does it matter? As I’ve said all those people who are supporting Zoe’s Law say but it’s limited to the circumstances of these particular grievous bodily harm offences, it won’t affect other areas of the law such as abortion. I believe that is simply an incorrect legal analysis.

I just wanted to spend the second part of my time um, going over a little bit of the background what is the legal position of abortion in NSW. And why given that background having a provision that recognises a fetus as a person even if it’s only in the context of these particular sections of the criminal code why that would a threat to lawful abortion in this state.

So, what is the current abortion law in NSW? Um, I can guarantee you, because I’ve done this a million times, if you take a straw poll against your friends and colleagues, and you say “Is abortion legal in NSW?” The overwhelming majority of people will say “of course it’s lawful in NSW.” People simply don’t realise that abortion is still a crime in NSW.

One of the major problems that we have doing abortion advocacy is to convey to people that there is a problem. Because the majority of people think that it’s all been sorted that we have abortion on demand in NSW.

Sadly, the truth is a long way from that. Abortion is still a criminal offence in NSW. It always has been for as long as the Crimes Act has been in place, which is now well over 100 years and the offence has not changed over that time. Ah, it’s imported from the original British criminal code provisions. And it’s an offence, I put up the wording of the offence on the slide there, it’s an offence both for a woman who does something to herself to procure her own miscarriage which is the wording that they use and it’s also a criminal offence for another person to administer something, to perform a procedure that brings about a woman’s miscarriage.

But the critical word, which you can see there in both those offences is “unlawfully”. Because it says “whosoever unlawfully administers to herself” or if you’re a doctor or someone else “whosoever unlawfully administers to a woman”. And so the interpretation of a lawful abortion in NSW hinges on this one small word, “unlawfully”. And it’s quite an unusual provision in the context of the Crimes Act
because the Crimes Act doesn’t define what “unlawfully” is. In most of the other offences in the Crimes Act it says “well, these are the elements of the offences, and these are the things that might be a defence to a particular criminal offence.” It doesn’t say that in relation to the abortion offences. So that’s a really significant problem to start with in terms of getting clarity as to what the legal position is.
So what the law says is “if you do something unlawfully it’s a criminal offence.” Particularly unhelpful.

And so in terms of deciding and determining what really is lawful and what is not lawful we have to look to how the courts have interpreted that one word “unlawfully”. Um, there have not been many court decisions but the ones that there have been—

[Hamblin was interrupted here by troubles with the projector]

So the definition of unlawfully and the way unlawfully has been interpreted by our courts goes back to two very old decisions one in 1969 in Victoria and one in 1971 in NSW. And what they’ve said in short, I’ve put up the precise wording there, what they have said in short is that it will be lawful if the abortion is considered to be — is reasonably considered to be — necessary to preserve the woman from a serious danger to her life or her physical or mental health and in the circumstances is not out of proportion to the danger.

So in short what you need to show in order to establish that an abortion is lawful is that it’s necessary to prevent a serious risk to the life or health of the woman. It’s known as the Menhennitt rules, the test. And in NSW we had a case in 1971, R v Wald, where that test was adopted.

Actually a very interesting background to that case. It was, it was, quite a shocking set of circumstances that gave rise to it. Dr Wald was a doctor who ran a termination clinic in Clovelly I think, somewhere in the eastern suburbs, and there was a police raid on that clinic, without notice one day, with women on the operating table in the middle of having terminations. And Dr Wald was charged with unlawfully performing an abortion. And the main statement that we have of the law in NSW comes from that case, and it’s not even from an actual decision by the judge. It’s from directions that the judge, in the criminal trial of Dr Wald, gave to the jury. But what the judge did was to adopt the test of serious risk to the life or health of the woman.

Since then we’ve only had a very very small number of cases. And that I guess is a good thing, it shows there isn’t a lot of appetite to bring criminal prosecutions to court. And the cases that we have had by and large have upheld the test in Wald, which says that an abortion is lawful if it is necessary to prevent a serious health to — er, serious risk to the life or health of the woman. And it’s been expanded to acknowledge that there might be economic and social grounds on which the continuation of the pregnancy might pose a serious risk to the woman’s health or life.

And so everything seemed to have a sort of uneasy equilibrium until 2010 where in Queensland as you may have read there was a prosecution brought against a young woman who had a medical abortion at home
using RU486, that she administered to herself. And she was criminally charged under the Queensland criminal code which was very similiar at that time to our code. It’s since been amended to make it a little bit better, not much but a little bit. And so she was charged with unlawfully procuring her own termination.

She was acquitted by the jury we don’t have reasons so we don’t know exactly what the thinking was of the jury. We have some hints from the directions that the judge gave to the jury. And I can talk more about that later I don’t really have time to go into that now.

So she was acquitted and that’s a good thing. But it certainly was a very stark reminder of just how precarious a position we have in NSW and Queensland where we still have these outdated offences in our criminal code that can be brought into life at any time if the circumstances come together such that uh, either a woman or a medical practitioner, could be criminally charged.

So just briefly, and to sum up, why is the existing abortion law so unsatisfactory?

Well, you know, where do you begin? There are so many reasons.First of all, it remains a criminal offence, and as I’ve said that’s obviously a problem. Because this, the lawfulness depends upon how the courts interpret this word “unlawfully” on the facts of a particular case. It’s a very unstable foundation for lawful abortion in this state. It’s subject to particular facts of the case, it’s subject to the personal inclinations and beliefs of particular judges, and we have had a case that was overturned in appeal in NSW — the Superclinics case — where the particular personal beliefs of a judge clearly intervened in his decision in declaring a particular abortion had been unlawful.

And as I’ve said, we know from the case in Queensland that while prosecutions are rare, they’re certainly a very real possibility. In practice what it means of course is that abortion is in a grey zone. It is not fully legal like other mainstream medical procedures. In NSW terminations are performed overwhelming in the private sector, not in the public sector, and there are really concerning issues about cost and access as a result of that.

Fetal anomaly is not a relevant consideration to the test of unlawful abortion except to the extent that a child, if born disabled, might have an impact upon the psychological health of the mother. And that’s just ridiculous. You know, we know that the overwhelming majority of public opinion supports access to abortion at least in that — in those circumstances. Indeed the majority supports it in an even broader set of circumstances. But certainly to have a law that doesn’t recognise serious fetal anomaly as grounds in itself for a lawful abortion is quite concerning.

And so we’re left with a disconnect between what the law says, what most people think it says, and what is actually happening in practice. Because we have clinics who— that are operating where terminations are performed but where it’s done with a concern constantly to be able satisfy this very limited test of serious risk to the life or health of the woman that doesn’t really accord with the motives and with the reality of what’s happening with a lot of terminations.

And so finally just to bring it back to the concern about Zoe’s Law: because we have this fundamental instability and a lack of a secure foundation a secure legal foundation for abortion in NSW, any law that recognises a fetus as a living person — which is what Zoe’s Law will do — however limited it is to the particular section of the Crimes Act that the amendment relates to — however limited it is — it provides ammunition for someone who wishes to challenge the lawfulness of an abortion the next time a case comes to court. And that’s an issue that I think should be of serious concern to all of us.

Thanks very much.

Sunday spam: muesli bars and gummy snakes

Muesli bars and gummy snakes are what I ate at about 7am before my recent 9am childbirth… thus thematically appropriate for this small collection of links, some of which I’ve had sitting around for a while.

Using WOC in the Natural Childbirth Debate: A How-To Guide.

If you are a progressive in the Natural Childbirth Movement (or any other, for that matter), use Africa City women to promote the idea that “natural is better.” Talk about women who toil in the fields, squat down to give birth and return to picking rice. Or peanuts. Or anything else that can be picked. After all, the women of Africa City are resilient! Strong. So strong that they do not even require support from the other women of Africa City. Or medication. Or comfort. This example–of giving birth in the field–illustrates how over-reliant “we” have become on useless technology. Of course, you don’t expect “us” to be quite that strong. We are not beasts of burden, after all…

If you oppose the Natural Childbirth Movement (or any other, for that matter), use Africa City women to remind “us” of how bad “we” used to have it, before all of our live-saving medical advances. If women die in childbirth in Africa City, it is only because they lack the Modern Technology we should be grateful that every last one of “us” has unfettered access to. Use infant mortality statistics from the most war-torn countries to argue why a healthy woman from Portland shouldn’t give birth in her bathtub with a midwife who carries oxygen and a cell phone. Redact all mentions of Africa City women who are not hopelessly impoverished. Ignore those who are systematically abused with Modern Technology, sacrificed as Guinea pigs on its altar. All bad outcomes in Africa City are due to the lack of Medical Technology, never unrelated to it, and certainly never caused by it.

Early Labour and Mixed Messages

The emphasis on hospital as a place of safety whilst also encouraging women to stay away results in some very contradictory messages and ideas (please note these statements do not represent my own views)[…] We are the experts in your labour progress, our clinical assessments can predict your future labour progress… we will send you home if you are found to be in early labour… if you then birth your baby in the car park it is not our fault as birth is unpredictable[…] This is a safe place to labour…. but you can only access this safety when you reach a particular point in your labour… preferably close to the end of your labour i.e. you should do most of it on your own away from safety.

Warning for discussion of pregnancy loss. The Peculiar Case of Miscarriage in Pop Culture

Miscarriage is a tricky cultural thing, pop culture or not. It’s a deeply forbidden subject, much like many other things deemed ‘mysteries of womanhood,’ like menstruation, like pregnancy itself. People don’t talk about miscarriages and that discouragement means that many people aren’t aware of how common they are, let alone how devastating they can be. When people lose a child, they can reach out to their community for help and they are given space and time for healing. When they lose a fetus, they’re expected to keep it to themselves.

Sadly, sometimes pro-choice people can be the most vehement about this, concerned about blurring the lines between fetus and child, and saying that claiming a fetus is morally or ethically equivalent to a fully-developed, extrauterine human being could be dangerous. This makes the mistake of applying broad strokes to the issue, though. Legally, of course, a fetus should not be equivalent to a child. Personally, however, losing a wanted pregnancy is an intensely emotional experience and it can feel on some level to the parents like losing a child, with the added burden of not being allowed to acknowledge it, talk about it, or ask for help.

Reproductive rights round-up: NSW, Vic, SA, Tas

This article originally appeared on Hoyden About Town.

There’s a lot going on right now in terms of trying to implement fetal personhood provisions and wind back legal abortion around Australia. Here’s the news from four states, anything we’ve missed? What actions are you taking in response?

New South Wales: Crimes Amendment (Zoe’s Law) Bill (No. 2) 2013 has passed the Lower House

Discussion of this has previously appeared on HAT. Since that post, this bill has passed the Legislative Assembly (lower house) following a conscience vote and by a large margin (63 to 26). It will be read in the Legislative Assembly (upper house) in 2014, and if passed there, will become law. Coalition and ALP MPs have been granted a conscience vote by their parties. The Greens oppose the bill. This bill is opposed by the NSW branch of the Australian Medical Association, and by the NSW Bar Association. The campaign against this bill is at Our Bodies, Our Choices.

I’d love to publish transcripts of the Greens community forum on this bill (held prior to it passing in the Assembly), but am unlikely to have time to transcribe an hours worth of video for at least another week. If you’d like to help out, here’s the Amara links for subtitling: Julie Hamblin’s speech (about half subtitled to date), Philippa Ramsay’s speech (not subtitled) and Leslie Cannold’s speech (not subtitled).

South Australia: Criminal Law Consolidation (Offences against Unborn Child) Amendment Bill 2013 not passed

A bill with fetal personhood provisions in the case of grievous bodily harm to the pregnant person was recently before South Australian parliament, but was rejected. Information is being made available by Tammy Franks, Greens MLC, see Stop the Misguided Foetal Personhood Laws and the transcript of the reading in Parliament. Unlike in NSW, it appears that the ALP did not allow a conscience vote. The debate opens with Kyam Maher, government whip:

The Hon. K.J. MAHER (00:11): I will be extraordinarily brief. The government does not support this bill.

Victoria: early proposals to remove Section 8

At present, the Abortion Law Reform Act 2008 requires (in part):

SECT 8

(1) If a woman requests a registered health practitioner to advise on a proposed abortion, or to perform, direct, authorise or supervise an abortion for that woman, and the practitioner has a conscientious objection to abortion, the practitioner must—
(a) inform the woman that the practitioner has a conscientious objection to abortion; and
(b) refer the woman to another registered health practitioner in the same regulated health profession who the practitioner knows does not have a conscientious objection to abortion.

A Victorian doctor, Mark Hobart, is facing deregistration over defying these provisions, and a group of Victorian doctors and nurses called Doctors Conscience opposes Section 8 and advocates for its repeal. The Age reports that Labor MP Christine Campbell intends to table the Doctors Conscience petition in Victorian parliament. (A second Victoria doctor, Dr K. — not Mark Hobart — is discussed in the article, who not only defies Section 8 but has been quoted as expressing the opinion that women who seek abortions deserve death. This is detailed in Daniel Mathews’ blog post which provides quotations allegedly from Dr. K. Doctors Conscience has issued a press release stating that they do not advocate for or support harm to pregnant women for any reason.) The Age also reports that the Victorian branch of the Australian Medical Association supports the repeal of Section 8.

Today The Australian reported that premier Denis Napthine had advised independent MP Geoff Shaw on what would be involved in overturning (or perhaps substantially revising) the Abortion Law Reform Act in Victoria. The ABC reports that Napthine describes himself as having issued pro forma advice on legislative process.

Bills to repeal Section 8 or make wider changes to the Abortion Law Reform Act 2008 are yet to be proposed.

Tasmania removes abortion from the criminal code

On November 22, Tasmania removed references to abortion from the criminal code. In addition, like in Victoria, legislation now requires that doctors (and counselors) who conscientiously oppose abortion refer pregnant people to others who they believe do not have such an objection. A PDF of the Reproductive Health (Access to Abortion) Bill 2013 is available.

Bonus USA

NPR recently reported on the findings of Paltrow & Flavin, Arrests of and forced interventions on pregnant women in the United States (1973-2005) who report:

  • Arrests and incarceration of women because they ended a pregnancy or expressed an intention to end a pregnancy;
  • Arrests and incarceration of women who carried their pregnancies to term and gave birth to healthy babies;
  • Arrests and detentions of women who suffered unintentional pregnancy losses, both early and late in their pregnancies;
  • Arrests and detentions of women who could not guarantee a healthy birth outcome;
  • Forced medical interventions such as blood transfusions, vaginal exams, and cesarean surgery on pregnant women;

… Analysis of the legal claims used to justify the arrests of pregnant women found that such actions relied on the same arguments underlying so called “personhood” measures – that state actors should be empowered to treat fertilized eggs, embryos, and fetuses as completely and legally separate from the pregnant woman. Specifically, police, prosecutors, and judges in the U.S. have relied directly and indirectly on… [f]eticide statutes that create separate rights for the unborn and which were passed under the guise of protecting pregnant women and the eggs, embryos, and fetuses they carry and sustain from third-party violence… [my emphasis]

I think this point bears repeating: provisions that were introduced allegedly for the protection of pregnant people and fetuses from third parties have been subsequently used to police the behaviour of pregnant people, including but not limited to those seeking abortion, and including forcing medical procedures on them, and confining them. Fetal personhood provisions are designed to control the bodies of pregnant people.

Fetal personhood (“Zoe’s Law”) before NSW Parliament

This article originally appeared on Hoyden About Town.

The NSW Legislative Assembly (lower house) will shortly be voting on Crimes Amendment (Zoe’s Law) Bill (No. 2) 2013, a private members bill introduced by Liberal MP Chris Spence in the lower house and (if passed) to be introduced by Christian Democratic Party leader and MP Fred Nile in the upper house. This Bill proposes to insert Section 8A into the Crimes Act 1900 No 40, where Section 8A would read in part:

8A Offences in relation to the destruction of or harm to the foetus of a pregnant woman

(1) In this section… unborn child means the foetus of a pregnant woman that:
(a) is of at least 20 weeks’ gestation, or
(b) if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, has a body mass of at least 400 grams.

(2) For the purposes of an applicable offence:
(a) an unborn child is taken to be a living person despite any rule of law to the contrary, and
(b) grievous bodily harm to an unborn child is taken to include the destruction of the unborn child.

(3) For the purposes of an applicable offence, the destruction of the foetus of a pregnant woman (not being an unborn child) is taken to be grievous bodily harm to the woman, whether or not the woman suffers any other harm.

(4) This section does not apply to or in relation to:
(a) anything done in the course of a medical procedure, or
(b) anything done by, or with the consent of, the pregnant woman concerned.

A woman standing in front of the US Capitol building holds up a sign displaying a stylised uterus and reading 'Is this mine yet?'
“Is this mine yet?”. Photo by Ann Harkness.

The stated intent of the bill is to allow separate prosecution of injury to a fetus, following the death of Zoe Donegan (stillborn at 32 weeks gestation) in 2009 after Zoe’s mother Brodie was hit by a van driven by Justine Hampson. Hampson was convicted of grevious bodily harm with regards to Brodie, but not with injuring Zoe or causing Zoe’s death.

However, the bill has been introduced by an anti-abortion politician, and there are grave concerns about its potential interpretation, particularly “an unborn child is taken to be a living person”. Concerns about fetal personhood in general include:

  • potentially allowing the prosecution of abortion (or, in NSW, where abortion is already criminalised, extending the circumstances in which it can be prosecuted)
  • potentially allowing the prosecution of pregnant people who do not act in the best interest of the fetus (which could include activities with a risk of physical injury, self-harm attempts, drug use, dietary choices, failure to follow medical advice)
  • potentially exposing pregnant people who have a late pregnancy loss to the additional trauma of a legalistic investigation as well as any medical one
  • potentially compromising the pregnant person’s medical care when it is at odds with the best interests of the fetus (say, in cases where early delivery might be beneficial for the pregnant person)
  • potentially coercing the pregnant person into medical intervention against their wishes, if judged in the interests of the fetus (eg coerced hospital births or coerced Caesareans)

The fourth clause appears to try and answer these objections, but given the source of the bill and the outcome of fetal personhood laws elsewhere, we should be very worried. In addition, the media reports concerns and objections from many groups including the Australian Medical Association NSW; the NSW Bar Association; the Royal Australian and New Zealand College of Obstetricians and Gynaecologists (previous three mentioned in SMH: Another minister to battle foetus bill); Family Planning NSW; Women’s Health NSW; Domestic Violence NSW; Rape & Domestic Violence Services Australia; the National Foundation for Australian Women; Reproductive Choice Australia; and Children by Choice (previous seven mentioned in Guardian: Abortion rights under threat from ‘Zoe’s law’, say Australian women’s groups). Coalition MPs opposed include Health Minister Jillian Skinner; Environment Minister Robyn Parker; and Nationals whip John Williams (SMH).

Commentary includes:

Legislative arguments that incorporate words like ‘personhood’, ‘viability’ and ‘fetal rights’ are code for anti-choice sentiments that are always used as an attempt to limit the fundamental right for those born biologically female to control their reproductive choices, if not reverse them entirely.

Clementine Ford: The bill that could criminalise abortion in Australia

Spence has repeatedly argued that the exceptions provided in the Bill, concerning anything done in the course of a medical procedure or with the consent of the woman, guarantee that his amendment would not infringe upon a woman’s right to terminate a pregnancy. However, the exceptions do not meaningfully buffer against the overarching conceptual change represented by the Bill.

Moreover, it is outrageous that a woman’s legal right to terminate her pregnancy could be threatened by the law telling her that she is at risk of criminal liability until she can prove that she falls into a narrow exception. Zoe’s Law further pushes lawful termination of pregnancies to the fringes of legal debate, where it shamefully already lies as an exception to sections 82-84 of the NSW Crimes Act[…]

The Bar Association also argues that there are “legitimate concerns” about the broader implications of the bill. Once we adopt a definition of a foetus as a living person for the purpose of this bill, “it would be difficult to resist its adoption in respect of other New South Wales criminal laws”

Mehreen Faruqi: Why Zoe’s Law Must be Defeated

Coalition and ALP MPs have been granted a conscience vote on Zoe’s Law, so if you are a NSW voter, today is a great day to contact your MP expressing your concerns and encouraging them to vote against the bill. One way to do this is through the Our Bodies Our Choices email form.

Note: when I was discussing this post with other Hoyden authors, they wanted to discuss fetal personhood in Western Australia, and extended recognition of stillbirths in South Australia. Since the vote on the bill is pending, I wanted to get this post up, but feel free to discuss fetal personhood and potential threats to pregnant people’s bodily autonomy in any Australian state in comments.

Federal election minus 1 day: last minute Coalition announcements special!

This article originally appeared on Hoyden About Town.

Mostly via tweeps, info on certain last minute Coalition announcements.

First, people saw the original version of The Coalition’s Policy to Enhance Online Safety for Children (original version), which read:

We will work with mobile phone companies (such as Telstra, Optus, Vodafone and their resellers) to develop online safety standards for smartphones and other devices with mobile network connectivity such as tablets, applicable to their use by children in two age groups: children up to the age of 12 years and teenagers.

As has recently been achieved in the UK, we expect these standards will involve mobilephone operators installing adult content filters on phones which will be switched on as the default unless the customer proves he or she is at least 18 years of age.

The Coalition will work with internet service providers (which provide fixed line broadband services to the home) to develop online safety standards for those services, recognising that they are very often accessed by children.

As has recently been achieved in the UK, we expect these standards will involve the major internet service providers providing home network filters for all new home broadband services, which will be switched on as the default unless the customer specifies otherwise.

This is a very different approach to the discredited compulsory filter proposal championedby the Rudd-Gillard Government, which was abandoned as unworkable.

The Coalition’s approach aims to empower parents — by giving them the choice of whetheror not to operate a filter at home, but by establishing the default setting as one which provides maximum protection.

The Coalition’s Policy to Enhance Online Safety for Children original/repudiated version, page 7

The Coalition very quickly backed away from this proposal:

Mr Turnbull quickly released a statement to clarify the Coalition’s position.

“The Coalition has never supported mandatory internet filtering. Indeed, we have a long record of opposing it,” the statement said.

Malcolm Turnbull’s statement is available in full on the Liberals’ site. The revised and/or correct version of the policy (depending on if you believe that they did accidentally make an early version public), reads:

Wewill work with mobile phone companies (such as Telstra, Optus, Vodafone and their resellers) and internet service providers (which provide fixed line broadband services to the home) to make available software which parents can choose to install on their own devices to protect their children from inappropriate material.

This is a very different approach to the discredited compulsory filter proposal championed by the Rudd-Gillard Government, which was abandoned as unworkable.

The Coalition’s Policy to Enhance Online Safety for Children current version (as linked from the Liberals’ policy listing), page 7

Moving on to last minute announcements they haven’t backed away from:

A Coalition Government, if elected, will crack down on Labor’s addiction to waste by auditing increasingly ridiculous research grants and reprioritising funding through the Australian Research Council (ARC) to deliver funds to where they’re really needed.

Some of the grants issued by the ARC in recent years have been, frankly, completely over the top.

There will be no reduction in research funding. In fact, the Coalition has announced new research into dementia and diabetes.

The Coalition would look to targeting those ridiculous research grants that leave taxpayers scratching their heads wondering just what the Government was thinking.

Taxpayer dollars have been wasted on projects that do little, if anything, to advance Australians research needs. For example:

  • The quest for the ‘I’ – a$595,000 grant aimed at “reaching a better understanding of the self”;
  • $160,000 on an examination of “sexuality in Islamic interpretations of reproductive health technologies in Egypt”;
  • a $443,000 study into “The God of Hegel’s Post-Kantian idealism”; and
  • $164,000 for a study into “how urban media art can best respond to global climate change” .

Ending More of Labor’s Waste, Liberal press release, September 5 2013

(My Honours supervisor is out there jumping for joy at the punctation used for that list, at least.)

Several research and research-affiliated groups have denounced the policy:

  • Jeannie Rea, National Office, The National Tertiary Education Union: This is a direct attack on the academic freedom of researchers working in Australian universities. If Tony Abbott wins, independent research loses.
  • Catriona Jackson, CEO, Science and Technology Australia:

    Specific research projects – all in the arts and social sciences – have been labeled increasingly ridiculous. But scientists know that the flow of new knowledge is critical to the kinds of real word results that all Australians are proud of, and that the Coalition is calling for.

    It was CSIRO scientist John O’Sullivan’s search for exploding black holes that led to his discovery of wireless technology that has swept the world, and earned Australia $500 million in royalties with probably as much again to come.

You can also review STA’s overview of science policy for the Federal Election, if interested. The Conversation has a couple of pieces about the policy, one noting that we already have a body of expert scrutineers who reject any number of bad and merely only very good grant proposals, and we call it the Australian Research Council, and the other analysing the craftiness of the press release itself.

What else have you seen sneaking in under the radar now that the advertising blackout is in place?


Front page image credit: Election Day CC BY-SA David Morgan-Mar, from the 2007 Federal election.

Federal Election minus 3 days: state surveillance and anti-terror policies

This article originally appeared on Hoyden About Town.

Continuing on my theme of finally becoming the voter who actually reviews policies, today we go a bit more niche: state surveillance, anti-terror provisions and similar, specifically whether anti-terror is used as an excuse to infringe on civil liberties and political organising. I’m going into this expecting it to be fairly short — it’s a bigger issue in the United States and the UK than here (or perhaps I know more activists there than here), where “border protection” serves some of the same rhetorical and political roles — although there are minor parties more interested in these issues.

As with other posts in this series, if there’s a lack of commentary in the post, make up for it in the comments. For media coverage, spin and personality issues — or general news! — head to the latest Media Circus thread instead.)

ALP, Coalition, Greens

The Liberal’s Real Solutions has no mention of ‘surveillance’ or ‘privacy’. Their terrorism statement is that they will increase measures, focussing on security of ports: We will deliver improved counter-terrorism and domestic security measures in Australia and secure our ports and airports. .They mention increased CCTV rollouts in their crime section (pg 42), none of which suggests that privacy and surveillance issues are a big issue for them. They also seem inclined to use the threat of terrorist immigration as an anti-refugee tactic, see eg this June press release.

In June 2013, Malcolm Turnbull issued a statement expressing some concern about the NSA’s PRISM program, particularly its implications for commercial interests, presumably Australian businesses hosting data on US servers. (I note incidentally that Real Solutions is hosted on Amazon Web Services. It’s just a curio since Real Solutions is public information, but I wonder if political parties host their donor databases and such on Australian servers?) If you search for the text of that statement on technical news sites, incidentally, the advertisements may encourage you to apply for a job with ASIO.

It’s difficult to find ALP information. They assert a right to privacy (National Platform, items 41 and 42, pages 186–187), largely centered around privacy of data held by the government, especially health information and credit information. They assert that [Labor will] ensure that personal information of Australians transferred overseas is protected which I find difficult to interpret (if nothing else, the phrasing is rather ambiguous between personal information being sent overseas and Australians themselves being sent!). Elsewhere in the National Platform, they write:

Labor refuses to manipulate fear or racism for political gain in response to terror. Australia needs tough laws to deal with terrorism but, just as importantly, we need well-balanced laws that target the terrorists, not innocent citizens. We need strong safeguards to protect the civil and human rights that are fundamental to our freedoms. Labor is committed to finalising the review of the Anti-Terrorism Legislation.

item 132, page 209

I don’t see that translated into policy for the present campaign anywhere.

The Greens have a specific surveillance policy generally affirming a right to privacy. They seek to bring telecommunications surveillance back under the control of normal judicial warrants, and subject to Freedom of Information requests; they want intelligence sharing with the “5 Eyes” countries (the other four are the US, UK, Canada and New Zealand) overhauled; and they oppose proposals for data retention concerning Australian’s Internet use.

See also Electronic Frontiers Australia Election 2013 scorecard.

Smaller parties

From a slightly haphazard collection on Monday, I focus today on minor parties that I know to have some interest in civil liberties and/or digital rights.

Pirate Party

Privacy is listed as one of the four major civil liberties they value. They oppose both the proposed 2 year retention of Australian’s Internet use data, and denounse PRISM and PRISM-like programs.

Wikileaks Party

As one would expect, this is a prominent issue in their campaign platform:

… the WikiLeaks Party will be fearless in its opposition to the creeping surveillance state, driven by globalised data collection and spying agencies, both state and corporate controlled. We will demand that all information on data seizure and storage of citizens’ data by government agencies and allied corporations be made public.

In addition, there’s a specific Surveillance and your privacy policy requiring that agencies seek a warrant to spy on your Internet usage; a twice-yearly tabling of aggregate figures related to such surveillance; and ASIO and anyone else cooperating with overseas agencies to report such cooperation publicly.


Front page image credit: Election Day CC BY-SA David Morgan-Mar, from the 2007 Federal election.

Federal Election minus 5 days: party policies on anti-discrimination

This article originally appeared on Hoyden About Town.

In theory I am committed to the idea that if I want election coverage to talk about policy more in the lead-up to elections, it can’t hurt to be someone who is aware of and considers policy in the lead-up to elections. Even if some elections make it VERY VERY HARD FOR ME NOT MENTIONING ANY NAMES FEDERAL ELECTION 2013.

Thus, before the 2010 Federal election, I got one policy into a plan to review various party policies before getting sick from some childcare-acquired illness. I cannot promise to do better this time, but I can try. There’s five days before the Federal election; what do various parties have to say about anti-discrimination?

I haven’t included a lot of commentary on the policy positions I summarise here, but that’s what the comments are intended for! (Note that if you’re interested more in media coverage, spin and personality issues — or general news! — you probably want to comment at the latest Media Circus thread instead.)

ALP, Coalition, Greens

For this analysis, I am largely relying on National Foundation for Australian Women (NAFW), Anti-discrimination and women’s human rights: policies of the major parties, July 2013. If I don’t cite policy specifically, I am using that analysis.

The NAFW summary notes the ALP’s consultations on consolidating federal anti-discrimination acts, and the drafting of Human Rights and Anti-Discrimination Bill (2012), which has not however been implemented and is under review. Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 passed in June, providing additional protections on the grounds of sexual orientation, gender identity and intersex status. The ALP in their own materials also notes their recent commissionin gof an inquiry into workplace discrimination against pregnant people or parents returning to work. (Labor is for Fairness) The Greens supported the passed bill and support the draft bill, and have advocated for the addition of domestic violence (presumably, victims of) as a category of illegal discrimination. They would also like the default religious exemptions replaced by case-by-case assessments, and for “family responsibilities” language to be expanded to caring responsibilities. The Coalition oppose the draft bill outright, to the point of not seeking amendments to it.

On marriage equality, the ALP’s National Platform presently reads Labor will amend the Marriage Act to ensure equal access to marriage under statute for all adult couples irrespective of sex who have a mutual commitment to a shared life. (National Platform, item 126, page 168) and they have a specific “It’s Time for Marriage Equality” campaign. I cannot find a mention of marriage equality in the Liberal’s Real Solutions. The Greens go short-n-simple on their policy: The Greens want to legalise same-sex marriage in Australia and recognise same-sex marriages from overseas. (Marriage Equality)

The Liberal policy states that We will support freedom of speech, particularly in relation to anti-discrimination legislation. Prohibitions on inciting racial hatred or intimidation of particular groups should be focused on offences of incitement and causing fear but not a prohibition on causing offence. (Real Solutions, pg 44)

On disability, NAFW observes in their disability paper in most policy areas, across the three parties, disability is seldom specifically mentioned. Women with disabilities are not mentioned at all. They observe that while the ALP is committed to the Convention on the Rights of Persons with Disabilities, they have not established the required targeted measures for women with disabilities specifically. Commitment to DisabilityCare (which the Coalition would call NDIS again) funding appears to have major party support until 2019. The ALP’s national platform is focussed on people with disabilities who can work, although it briefly acknowledges the existance of those who can’t, albeit only as a source of budget “pressure” (Labor has undertaken significant reform of the Disability Support Pension (DSP) to reward effort and initiative for those who can work, and to ease the pressure on the system which supports those who can’t, National Platform, item 52, page 98).

Discrimination on the grounds of disability, as with grounds other than gender (ALP) or any grounds at all (Liberal), does not seem to be a focus of either ALP or Liberal policy except insofar as the Liberals distance themselves from racial vilification prohibitions. The Greens mention discrimination on the grounds of disability prominently in their policy.

Central policy sites:

Smaller parties

This is limited to a small selection on the NSW ballot paper that I found interesting. Feel free to list and discuss other minor party policies in comments!

Pirate Party

Policy overview can be found at the platform wiki page authored by their National Council.

Many uses of “discrimination” in their platform refer to the net neutrality issue, which concerns whether Internet providers can provide unequal access to different sources of information. When it comes to discrimination against protected groups, the party opposes legislative against racial vilification in favour of free speech rights:

While laws which criminalise “offensive” or “insulting” speech may be well-intentioned, mechanisms such as section 18C of the Racial Discrimination Act impose dangerous subjectivity into our legal system. The perpetual risk in criminalising offensiveness is that almost any form of difference or disagreement can be viewed as offensive to someone, and nations such as the UK and Canada have experienced significant abuse of such laws. Even where protections technically exist, the mere threat of legal sanction may be sufficient to chill dialogue and speech, and recent events demonstrate that restrictions on one type of speech spread all too easily to include wider categories.

They support marriage equality in the sense of making it a private (not state-controlled) act. Their platform calls for the abolition of the Marriage Act in favour of a Civil Unions Act open to all consenting adult couples. (See also their detailed marriage policy.)

Australian Sex Party

Policy overview can be found at Australian Sex Party – Federal Equality Policy.

They support large extensions to the existing anti-discrimination framework, including making discrimination based on occupation illegal, focussing on the effect of discrimination against sex workers; making political parties (and presumably their selection of candidates) subject to anti-discrimination law on the principle that this will improve gender equality in Parliament; ensuring equal access to assisted reproduction to LGBTIQ people; supplying appropriate documentation to sex and gender diverse people with names and pronouns; improving accessibility of sexual resources (such as adult shops) to disabled people; facilitating sexual services for disabled people; and providing specific sexual education for disabled people. In a separate policy they support sex worker access to work visas.

Secular Party

Policy overview can be found at Human rights and anti-discrimination.

Their policies are focussed around areas where they feel law is influenced by faith considerations and support the end of religious exemption clauses in anti-discrimination legislation. They support marriage equality. They support the enacting of a Bill of Rights and they ask that Australia legislate for the rights in UN International Convention on the Rights of the Child. They support bans on “identity hiding-garments or other items, including burqas and motorcycle helmets, in public places where there are legitimate security and/or safety concerns, or where personal identification is required” [my emphasis]


Front page image credit: Election Day CC BY-SA David Morgan-Mar, from the 2007 Federal election.

Open thread: never say “fake geek” again!

This article originally appeared on Geek Feminism.

Hello again! Hopefully everyone is enjoying our newly working blog (no one is seeing regular 503 errors right? RIGHT? no seriously, let us know if you are). We’re celebrating with an open thread for comments on any subject fitting our policy!

Feature item for this open thread is Nothing to Prove (subtitled version available in Amara) by geek sister musicians The Doubleclicks. The band talk about the song and video on their blog. Additional images can be submitted on geekgirlvideo.tumblr.com. Transcript at the bottom of this post.

(
{“video_url”: “http://www.youtube.com/watch?v=s4Rjy5yW1gQ”}
)

Various reminders:

  • (Re-)Follow us on Twitter! Our new, working, Twitter handle is @GeekFeminismOrg (follow); we’ve permanently lost access to @geekfeminism.
  • Sharing links: we no longer can access links for linkspams submitted via delicious.com. Currently most of our regular linkspam submitters are signed up to Pinboard.

About open threads: open threads are for comments on any subject at all, including past posts, things we haven’t posted on, what you’ve been thinking or doing, etc as long as it follows our comment policy. We’re always looking for fluffy, fun, silly, cute or beautiful open thread starters, please post links to Pinboard with the “gffun” tag.

Partial transcription of video:

Transcriber’s note: the video clip consists of many short videos of a geek or sometimes two geeks holding up a sign to the camera. for time reasons, I am only transcribing the signs, not giving a description of people’s appearance or their surroundings, other than noting geeks who appear to me to be men. I’m aware that several of them are geek celebrities, but I haven’t looked them up. Signs are in square braces.

[Opening credits: “Nothing to Prove”, a music video by the Doubleclicks.]

I entered this scene through rejection and honesty

[Two people: Hi there! We are geek girls.]
[I started playing DnD in 6th grade. I never stopped.]

Nerds weren’t mean, they were weird and that worked for me

[I learned to read with comic books.]
[I’ve been a gamer since before I can remember.]

After 10 years of teasing when social skills failed me

[I grew my hair out / so I could dress up as Princess Leia.]

Dungeons & Dragons cured all that ailed me

[I played Myst when it was released. I was 11. It was the GREATEST DAY OF MY LIFE!]

We read books, we played games, we made art, we watched Lost

[My Transformers played with my Cabbage Patch Kids.]
[I received my first console when I was nine years old.]

We said things like “D20”, “shipping” and “Mana cost”

[My regular Saturday night “date” was the 5th doctor.]
[Comics taught me women can be beautiful & powerful.]

It felt good to be myself, not being mocked

[Founder and president of my high school Star Trek fan club.]
[I spend HUNDREDS of hours on cosplay.]

Still self-conscious, though, we whispered things about jocks

[Adult and child: I’m raising the next generation of Geek Girls!]
[Accounting associate by day, Elf Ranger by night.]

But one day, you grow up, come into your own

[I was obsessed with Star Trek: The Next Generation and had a super huge crush on Jonathan Frakes. / Now we’re friends. It’s weird.]

Now geek’s not rejection – it’s a label I own

[I write code for particle accelerators.]
[I’m in ur HOUSE OF IDEAS writin ur COMICS.]

Then ignorant haters come to prove me wrong

[Two people: being a geek girl is really awesome / … except when it isn’t.]

Tell me I’m not nerdy enough to belong

[I love video games but BOYS tell me I’m not a REAL GAMER.]

I’ve got nothing to prove

[That look of surprise when I talk about Star Trek? It gets old.]

I’ve got nothing to prove

[Why are you surprised I want to be an ASTRONAUT when I grow up?]

I’ve got nothing to prove

[I’m a SCIENTIST not a secretary.]

(rising music)

[I own a comic + game shop but people just assume I’m humoring my geek husband.]

Fake Geek Girl test – that’s a funny one, go ahead

[People say I only play video games because of my boyfriend but I owned over 200 games before I even met him!]

How many comic books are there I haven’t read?

[I work at a comic book store. Male customers tend to ignore me completely or ask if there is a man around to help them.]

I know it feels good to have a contest you win

[Being ASIAN and a GEEK doesn’t mean I have to like ANIME.]

It would feel even better if I wanted in

[I was told I traded my cleavage for free comics.]

So women aren’t geeks, so is that your conclusion?

[I have to use a gender-neutral pen-name just to be respected.]

That this is some secret club based on exclusion?

[I was told I “sound smart for a girl in a pink skirt.”]

12-year-old dorks would say you’re being selfish

[A con vendor told me that the smaller dice sets were for women to wear and show off (accessories). The regular ones were for men to, you know, play games with.]

And then they’d go write in their journals in Elvish

[Two people: Here’s a message for the haters, elitists and bullies / from us, the geek girls and our friends]

I’ve got nothing to prove

[Man: No one gets to tell you how to be a geek.]

I’ve got nothing to prove

[Man: If someone has to pass a test to hang out with you / YOU’RE the problem. ]

I’ve got nothing to prove

[You think I do this for your approval? Mwa ha ha. / Get over yourself.]

(instrumental)

[Man: There are no fake geeks / … only real jerks.]
[Who died and made you Batman?! Wait. Was it your parents? / In that case I’m very sorry. / Never mind.]
[I don’t need you to tell me how much I like anything.]
[We’ve both been ridiculed for our hobbies. Be supportive. We’re on the same side.]

I’ve got cred but honestly, I shouldn’t need it

[I don’t need to go to a con to be a geek. I am & I haven’t.]

This world needs all kinds of folks to complete it

[Please don’t let my gender turn you into an elitist. We love the same things for the same reasons.]

You’ve got gamers, and artists and comic subscribers

[Don’t tell my daughters that Lego, Robots and Superheroes are for boys.]

Cosplayers, crafters and fan-fiction writers

[Geek equality equals geekuality now!]

You can stop – never say “fake geek” again

[I was a geek before I saw a cult film or played a game. I don’t need your approval in the end.]

Our club needs no bouncers – all who want in get in

[Be respectful and I won’t eat you.]

But go ahead, if you want, to own that role fully

[Men: Staring ≠ respecting. Men are women too!]

I ain’t got nothing to prove to a bully!

[I’m a geek and I’m awesome. / And I don’t need your permission.]

(instrumental)

[DON’T PANIC.]
[Man: Don’t be a dick.]
[I’m older than ‘your Mom’ and I still love MMORPGs!]
[I’m a geek. / Search your heart. You know it to be true.]
[I founded a camp to teach girls how to program.]
[I am a cardboard-flipping card gamer.]
[You can’t take the geek from me.]
[Buuugs!]

I’ve got nothing to prove

[I’m a geek!]
[I am a geek! (and I am good at sports)]
[I’m a geek!]
[I’m a geek]

I’ve got nothing to prove

[I’m a geek!]
[I am a RPG nerd!]
[I am a geek!]
[I’m a geek ♥]

I’ve got nothing to prove

[I’m a geek]
[Man: I will do anything for $5]
[I am a costume geek!]

(instrumental)

[I cosplay for attention. LOL NOT.]
[I’m me. NERD.]
[I’m a geek!]
[I’m a fraking NERD!]
[I’m a cosplayer.]
[(sign held off-screen)]
[I’m a NERD.]
[I am a geek grrl!]
[I am a geek]
[I’m a geek!]
[I am a GEEK]
[I am a GEEK!]
[I am a tabletop geek girl!]
[I’m a / Browncoat / Comic book collator / Convention panelist / Tabletop gamer / Fanfic writer / Geek]
[I solved the [Rubik’s] cube in 36 seconds on TV 30 years ago. Now I publish the card game Fluxx.]
[I just knew that one day Star Trek would be cool. Take that EVERYONE from junior high!]
[I turned nerd watching the 90s Xmen with my Dad.]
[Child and adult,: I am a geek girl in training. I love the Science Channel. / I am a scifi/fantasy book, gadget, games (before kids), science and technology, artsy fartsy geek. aka a general all-purpose geek girl.]
[Trek-obsessed cosplaying grammarian librarian.]
[I got my husband into GAMING.]
[I am a geek!]
[It’s not easy. But I’m a geek.]
[I crochet my own Elder Gods!]
[I have been playing video games for almost 28 years!]
[Two people: Geek friends = great friends!]
[When I ran a two-week line up for the first Star Wars prequel, my homeroom teacher called me an EMBARRASSMENT and said I was ruining my school’s reputation.]
[My Mom let me read her copy of The Jedi Academy trilogy when I was 10!]
[I was born making Vulcan hands.]
[I often contemplate the merits of a Hogwards education.]
[I got my PhD in electrical engineering with a research focus in computational neuroscience.]
[I am a Wizard, Jedi, Scooby, Xman, Baker Street Irregular, Companion, Brownvoat, Starfleet Officer, Dread Pirate, Walker, Wizard, Geek.]
[Ich bin ein Aussenseitern.]
[I’m geeky enough for me.]
[I teach robotics to kids, make my own cosplays, and I work as a professional NPC at my local comic book store. (And I watch lots of geek TV shows.)]
[I was the one who introduced my fiancé to D&D. To me he is the newbie.]
[I was BORN pulling things apart & putting them back together. Now I do science on a boat. #geekforlife]
[Write fanfiction. Do cute and sexy cosplay. BE YOURSELF. Do what you want.]
[Adult and child: I can be a ballerina AND kill cylons! / Why are you surprised I want to be an ASTRONAUT when I grow up?]
[When I was six my family brought me to PAX. I loved it!]
[I said I liked Illusion of Gaia. He asked me how many red jewels the game contained.]
[Chem teacher told me I would never make a good SCIENTIST. I start my PhD in biology in September.]
[Don’t worry if you haven’t read, watched and played everything, given time you will explore!]
[In high school and university guys were shocked that I played video games and read sci-fi/fantasy books.]
[I am a geek! YAY!]

Haters are gonna hate!

[Two people: Geek girls are awesome and we are not going away! / Deal with it.]

(credits roll)

Transcript notes: subtitling used the Amara tool, lyrics are available in the Youtube description for the video. In order to capture the signs towards the end that are only displayed for two frames, I downloaded the video with youtube-dl and stepped through it frame-by-frame using Totem and Máirín Duffy’s instructions for frame stepping.

The 62nd Down Under Feminists Carnival

This article originally appeared on Hoyden About Town.

In blue on a white background, the DUFC logo: in a square with rounded corners, there is the female/feminine symbol; with the Southern Cross inside, above which it says 'Down Under' and below 'Feminists Carnival'.

Welcome! This post is the 62nd monthly Down Under Feminists Carnival. This edition of the carnival gathers together June 2013 feminist posts from writers living in Australia and New Zealand. Thanks to all the writers and submitters for making this carnival outstanding, amazing, sad, outraging and uplifting.

Highlighted new(er) Down Under voices

I’ve highlightede posts that come from people who began been blogging at their current home in June 2012 or later, such posts are marked with (new blog) after the link. I know this is a very imperfect guide to new writers, since some may have simply started new blogs or switched URLs, or be well-known as writers in other media, but hopefully this may be a quick guide to feeds you may not be following yet.

Also, this carnival observes the rule that each writer may feature at most twice. Apologies to the fine submissions that were dropped under this system.

Feminist theory

Cristy is kicking off a feminist book club, from historical feminism and first wave onwards.

Joanna Horton reviews Joan Smith’s Misogynies, twenty four years on.

Party politics and government

In late June, Julia Gillard was deposed as Australian Prime Minister. Feminist commentary on Gillard’s media portrayals, treatment in Parliament, and defeat in a leadership ballot included:

Orlando got in before the spill with the questions the governing Labor party ought to be asking itself (not about the leadership).

Julie found that potential women candidates for office can’t commit due to time constraints.

Orlando salutes Emily Wilding Davison and other radical activists for women’s right to vote.

Ethnicity, racism, colonisation

Utopiana discusses lateral violence in the wake of her critique of Indigenous beauty pageants. (new blog)

Kim Mcbreen recaps a talk she gave about understandings of gender and sexuality in Māori traditions.

LudditeJourno chronicles news stories about pressure on indigenous people to assimilate.

Barbara Shaw recounts more than five years on income management in the Northern Territory.

The Koori Woman blogs on hope after the apology and anger after the Intervention for Reconciliation Week 2013.

Celeste Liddle reflects on international gatherings for indigenous people.

Misogyny, sexism, harassment, assault

Hayleigh wants to go outside her house without being objectified (new blog).

AJ Fitzwater promises to ally herself with people who speak out or who can’t speak out about bad behaviour in the speculative fiction community or the SFWA.

Amy Gray argues that the treatment of Adrian Earnest Bayley, who murdered Jill Meagher, shows that the Australian legal system does not deal with rapists well.

tigtog explains that it is the very indifference of creeps to desire that makes them creepy.

newswithnipples takes the mainstream media to task for widespread fail of the highest order.

bluebec does not want to excuse the abuses perpetrated by the Catholic Church on the grounds that they also do good works.

LudditeJourno reviews the many lessons about rape that the Steubenville rapes show aren’t being learned.

Scuba Nurse points out that a rape, abuse or victimisation narrative resulting in the eventual victory of the survivor isn’t miraculously unproblematic.

Bodies

Hayleigh is tired of being chased around Facebook by weight-loss ads (new blog).

Eliza Cussen lists five mistakes she’s constantly correcting about abortion, including the myth that it’s legal throughout Australia (new blog).

Genevieve writes about healing after post-abortion trauma (pro-choice perspective).

Fat Heffalump debunks fat-shaming as a pro-public health act.

Workplace, employment and education

Anjum Rahman writes about the right to work, in the context of people with disabilities, and ethnic minorities (new blog).

blue milk writes about the Australian Coalition’s parental leave scheme and adds a followup in response to critique.

Rachael Ward asks why so many of the testing materials in the General Achievement Test in Victoria related to men’s achievements.

Arts, music, crafts and media

Holly Kench writes that stories with diversity don’t need to be about being different; they may be about belonging with difference (new blog).

The results of the Triple J Hottest 100, 20 Year Edition music poll aired in early June, and as with the all-time edition in 2009, women musicians were very badly represented. Commentary:

Chally is reviewing LGBT young adult books, check out her reviews of Is He Or Isn’t He?, Beauty Queen and more.

Transcendancing recaps Karen Pickering’s talk on the secret feminism of the Country Women’s Association (CWA).

Jo Qualmann analyses the disappearing women of Doctor Who in light of the season finale.

AlisonM observes how very different Facebook ads are, depending on your selected gender.

canbebitter analsyes Cee Lo Green’s Fuck You, concluding that Fuck You is misogynist. Later in the month canbebitter presents an alternative queer reading of Fuck You.

Scarlett Harris reviews Paper Giants 2: Magazine Wars in light of current developments in magazine wars.

bluebec criticises recent coverage of polyamory in the press.

QoT is unimpressed by “feminist” clickbait.

New blogs

Blogs started in or after June 2012 featured in this carnival were:

Next carnival

The 63rd carnival will follow at can be bitter in early August. Keep an eye on Down Under Feminists Carnival HQ for submission instructions.

Volunteers are needed to host carnivals from October onwards. Volunteer via the contact form.

Open thread: technical difficulties

This article originally appeared on Geek Feminism.

You may have noticed that Geek Feminism has been regularly down this month displaying errors about “503 Service Unavailable”. We sure have. We’re working with our host to try and resolve the issue; hopefully we’re on our way. We wanted to let you know that we have noticed.

Chewed up network cable by Jeremiah Ro, CC BY-SA
by Jeremiah Ro, CC BY-SA

While we’re here, if you’re interested in following our new posts on Twitter, we’ve unfortunately lost access to our former Twitter handle @geekfeminism: you can now follow @GeekFeminismOrg.

Finally, this is itself an open thread for comments on any subject fitting our policy!

About open threads: open threads are for comments on any subject at all, including past posts, things we haven’t posted on, what you’ve been thinking or doing, etc as long as it follows our comment policy. We’re always looking for fluffy, fun, silly, cute or beautiful open thread starters, please post links to Pinboard or Delicious with the “gffun” tag.