Lots of good, mostly unrelated, stuff this month! If, like me, you are on the lookout for diverse imagery in Tarot decks, you may have been disheartened by the narrow range of femme body types in typical artwork. The Gaian Tarot is an exception among decks that have mainstream popularity. In too many others, the idealized femme characters are white, young, and thin as any Hallmark-card fairy.

Cathou, a new contributor to the blog Little Red Tarot, writes about this issue in her inaugural column, “Queering Tarot in a fat liberation perspective”. Queerness and fatness, as political identities, challenge power structures that privilege some demographics over others (e.g. cis-hetero, thin, abled) via appearance and beauty standards. “Queerness is so much more than sexuality and gender identity. Queerness renders it impossible not to look at how bodies are constructed and coded.” Tarot has a similar radical potential, in that it is anti-hegemonic. There is no one creed, pope, or scripture of Tarot. It “weaves stories in ways that don’t need to rely on dominant discourses: no literature, no psychology, no philosophy is required.” However, when deck creators are not conscious and critical of our society’s oppressive body-coding, Tarot replicates problematic stereotypes:

An old person is associated with wisdom and a child with innocence. A fat woman is associated with fertility or abundance. A visibly trans body is associated with fluidity or overcoming all binaries. All disabled bodies are referring to obstacles and overcoming them: in a wheelchair because you’re stuck, blind because you’re either in denial or able to follow your third eye, and so on. Black women represent wildness, Native American people an archaic wisdom, Arab women lust or a Scheherazade of some sort, and it goes on.

Cathou exhorts us to prioritize body diversity when designing or shopping for cards. New and forthcoming decks I’m excited about: the Delta Enduring Tarot, the Numinous Tarot, the Urban Tarot.

Who’s wonderful? Adam Rippon is wonderful! The first openly gay U.S. athlete to compete in the Winter Olympics, he won a bronze medal in the 2018 games. Rippon’s ease and brilliance on the ice are matched by his quick wit and charm (and political snark) on the Internet. He famously snubbed Vice President Mike Pence at the ceremonies, to protest the politician’s support for psychologically destructive “gay conversion” therapy. And did I mention that he’s beautiful? He wore bondage suspenders to the Oscars, for goodness sake. Adam, I surrender to you.

The progressive evangelical magazine Sojourners has been cautious about supporting LGBTQ rights, trying to maintain a space for Christians who are left-of-center on economics and the environment but not ready to endorse the sexual revolution. In our polarized nation, it’s doubtful whether there are many such Christians remaining. So, fortunately, Sojo has manned up and given a platform to Austen Hartke, creator of the “Transgender and Christian” YouTube series, to educate their readers about “6 Common Ways Christians Stereotype Transgender People”. His article is responding to an anti-trans essay by Christian writer Nancy Pearcey. The comments are about 80% supportive to 20% transphobic, which is better than I expected. All of Austen’s points are great; I’m quoting this one because we also often hear it from the trans-exclusive “feminist” Left:

Misconception: If we don’t claim gender based on our physical sex characteristics, then we end up perpetuating social stereotypes about what makes a man or a woman.

In her article, Pearcey argues that when we don’t take our self-concept of gender from our physical sex characteristics, we have no other solid foundation on which to base it. She laments, “To discover whether you identify as a man, you must first define manhood,” which may push us to conform to stereotypes: “Do you act stereotypically masculine? Then you must be a man.”

Pearcey gives examples of young people who questioned their gender because of the original way they expressed themselves. For one teenager, the problem was that he was sensitive and gentle, and that he enjoyed spending time with girls rather than boys. Because our society sees this kind of gender expression as feminine, this teenager wondered if he might be transgender. Pearcey reports that after he saw more examples of men who were gentle and enjoyed activities we associate with women, he realized that he did identify as male. She uses this example as proof of a number of transgender kids who could be convinced to accept their assigned sex if we could only get rid of those pesky gender stereotypes.

In making this claim, Pearcey leaves out two things. First, she appears not to know the difference between gender identity and gender expression. While gender identity is something internal and intrinsic, gender expression is the way we visually articulate our sense of masculinity or femininity or androgyny to the world. Our gender expression includes our clothing, hair, voice, and mannerisms, among other things. This distinction helps everyone, regardless of whether you’re transgender or cisgender, to understand that you can be just as much of a man if you have long hair and enjoy The Great British Bake-Off, and you can be just as much a woman if you shave your head and ride a motorcycle. While this distinction can be complex, there are many transgender young people who understand this difference, and who are still very sure about their gender identity. Just because the examples Pearcey used eventually identified with their assigned sex doesn’t mean that all other people will.

For the past sixty years or so, Christians have been a major driving force behind gender stereotypes. One only has to Google “Council on Biblical Manhood and Womanhood” to realize that too often we’ve been the ones telling people that they’re “not man enough” or “not woman enough.” Pearcey suggests that we shouldn’t base our ideas about gender on cultural stereotypes, and I totally agree! Now, if only we could stop using our Christian megaphone to amplify those same stereotypes, we’d be another step forward.

I discover everything important 30 years too late. This month it’s hair metal. The avant-garde literary journal DIAGRAM has chosen “March Shredness” for the theme of its annual music-criticism bracket. Go here to vote for your favorite videos and read semi-ironic nostalgic essays about them by literary rock stars like Amorak Huey and Ander Monson. In some ways, the genre flips the old devil-sign finger at gender stereotypes, with those perm-haired boys in mascara throttling their phallic guitars. Boring toxic masculinity is also very much on view, with the obligatory shots of lubricious models as rewards for the male singers’ rock-godliness. But I will forgive much for the campy sweetness of LA Guns’ “Ballad of Jayne”. So much leather! So much schmaltz!

Following up on a legal issue I blogged about last year, the U.S. Court of Appeals for the 2nd Circuit just ruled in Zarda v. Altitude Express that sexual orientation is covered by the ban on “sex” discrimination in Title VII of the 1964 Civil Rights Act. This is yuge, to quote the Cheeto-in-Chief. According to BuzzFeed reporter Dominic Holden:

A federal appeals court on Monday ruled that a 1964 civil rights law bans anti-gay workplace discrimination. The decision rebukes the Trump administration — which had argued against a gay worker in the case — and hands progressives a win in their strategy to protect LGBT employees with a drumbeat of lawsuits.

The dispute hinges on whether Title VII of the Civil Rights Act of 1964, which bans discrimination on the basis of sex, also bans workplace discrimination due to sexual orientation.

The Court of Appeals for the 2nd Circuit ruled Monday, “We now hold that sexual orientation discrimination constitutes a form of discrimination ‘because of . . . sex,’ in violation of Title VII.” In doing so, the court overruled a lower court — and a precedent from two previous court cases — and remanded the case to be litigated in light of their reading of Title VII.

The decision holds national implications due to its high tier in the judicial system, and because it’s seen as a litmus test of the Trump administration’s ability — or inability — to curb LGBT rights through court activism. The Justice Department had injected itself into the case even though it wasn’t a party to the lawsuit and doesn’t normally involve itself in private employment disputes.

The case was heard in New York City by all 13 judges in the 2nd Circuit, known as an en banc hearing, which leaves the Supreme Court as the only avenue for a potential appeal.

The ruling comes soon after another major gay-rights ruling in 2017, thereby giving momentum to the argument that anti-gay discrimination is prohibited even without a federal law that explicitly says so.

In reaching its decision Monday, the court pointed out that anti-gay discrimination would not exist “but for” a person’s sex. That is to say, gays, lesbians, and bisexuals would not experience this type of unequal treatment had they been born a different gender, or were attracted to a different sex.

On another subject close to my heart, speculative fiction writer Ada Hoffman has written a standout essay on “Autism and Emotional Labour”, parsing the complexities of respecting and asserting boundaries across the autistic/neurotypical divide:

Emotional labour is the mental and emotional work we do to maintain relationships with other people, whether that relationship is an intimate one, or simply coexisting with strangers in a public place…

…Autism makes many forms of emotional labour difficult!

Many of the complaints that NTs have about autistic people boil down to the fact that autistic people are not doing enough emotional labour for them. Whether it’s little things like not making the right facial expressions to put people at ease, or big and intimate things like not knowing how to express affection the right way in a relationship.

As autistic (or autistic-friendly) feminists, how can we ask for reciprocal emotional labour in a way that doesn’t toss autistic people to the curb?

…I’m going to talk about forms of emotional labour that are more difficult for many autistic people, but also about forms that many of us are good at – and I’m also going to talk about special forms of emotional labour that are only ever asked of disabled people.

Then I’m going to talk about some ways we might fix some of this.

I can’t summarize all her excellent recommendations here, but I’ll highlight a couple of points I haven’t seen in other pieces on the topic. Hoffman notes that autistic people are actually extra skilled at some forms of emotional labor, and should get more credit for this. Examples: educating others on their special topic, being orderly, being great listeners, taking time to research and understand the rules of their environment. Moreover, neurotypical people don’t always appreciate the extra emotional labor that Aspies do to fit into ordinary social situations. But regardless of our neurotype, mutuality is essential for good relationships. We may do different kinds of emotional labor for each other, but we each have to do some. When we find that our needs are incompatible with what the other person can give, it doesn’t mean that either of us is wrong.

Finally, to end this long post on an entertaining note, the humor magazine Cracked makes an oddly convincing case for reading Leonardo DiCaprio’s character Jack in “Titanic” as transmasculine. In “The Much Better Movie Hiding in Titanic”, Ryan Menezes notes Jack’s androgynous clean-shaven look (out of character for a homeless bohemian in the era before electric razors); the fact that he’s never shown shirtless and his chest is blocked from view during sex; and the drag-costuming feel of the scene where Kathy Bates’ character dresses him in a tux for dinner in first class.

Now look at the additional layer this brings to the climax. Women and children board lifeboats first, which means Jack can theoretically board with Rose, but only by coming out to the crew. Could Jack do that if it meant saving their lives? And if so, is there even a way to do it without causing a riot and maybe even getting shot? I repeat: This would be a way better movie.

Jack makes the choice to stay behind. Then Rose abandons her lifeboat and returns to the ship, which would do nothing to help the situation, unless it’s to try to convince Jack to admit the truth and board the next lifeboat with her. It winds up being moot. Everything goes to hell right after that, and the two end up in the water together. Jack tells Rose to grow up and have babies — if she does choose to marry a man and have a family, that’s fine — and to promise to go on living and “never” give up. Because Cal and her mother weren’t her only issues, so she must pledge to deal with them all, for she will surely feel suicidal again.

Maybe, if only in a version of the story that never left James Cameron’s head, what came next was a reveal that brought all of that subtext to the surface. Old Rose could have said, “A woman’s heart is a deep ocean of secrets,” and then gone on to say (or show in flashback) exactly what that secret was. It would have been the boldest twist in blockbuster cinema, and Titanic would have gone down as a whole other kind of milestone. “But,” James Cameron would presumably have thought, “will this movie make $2 billion at the box office?”

Fan-fiction writers, take note!

The U.S. Supreme Court has a convenient habit of issuing their most controversial decisions at the end of June, after which they flee the jurisdiction for summer break until October (nice gig!). Today they announced that they’d hear the appeal in Masterpiece Cake Shop v. Colorado Civil Rights Commission, the case of a baker who refused to make a wedding cake for a same-sex couple because of his religious belief that marriage should only be between a man and a woman, as reported by The Huffington Post. The high court has twice previously delayed action on the case. More background can be found in this March 2017 article from The New Yorker:

After the incident at Masterpiece Cakeshop became public, another bakery provided Craig and Mullins with a cake, adorned with a rainbow, at no charge. But the affront gnawed at the couple, and they filed a discrimination charge with Colorado’s Civil Rights Commission that September. The commission brought a case against Phillips and his shop in May, 2013.

The situation differs in some important ways from, say, those in which African-Americans were refused service at Woolworth’s lunch counters in the nineteen-fifties. One factor that is not different, however, is the way that religion has often been cited as a basis for discrimination. “Most Protestant churches in the South believed slavery and, later, [American] apartheid and anti-miscegenation laws were ordained by God,” [Yale Law Professor William] Eskridge told me. “Presbyterians, Methodists, Southern Baptists—respectable religions. Maybe several million people still believe that.”

Yet, from the standpoint of individual liberty, a mammoth corporation, such as Woolworth’s, is different from a mom-and-pop business. The regulatory machinery has been hesitant to tell individuals how to behave on their own premises, no matter how repugnant their behavior may seem. To this day, as Eskridge observes, the federal employment-discrimination laws do not apply to businesses with fewer than fifteen employees, and housing-discrimination laws do not affect owner-occupied buildings with four units or fewer.

Also, a Woolworth’s luncheonette could not plausibly have claimed that serving a plate of hash browns was a form of expression protected by the First Amendment. In the Masterpiece Cakeshop case, and disputes like it, the sole proprietors often argue that their work contains a strong expressive element, subject to First Amendment protections. In Phillips’s briefs, for instance, his lawyers never describe him as a “baker” but always as a “cake artist,” arguing that a wedding cake “forms the centerpiece of a ritual in which the couple celebrates their marriage,” and that it “communicates this special celebratory message. Slicing a pizza or pot roast would not have the same effect.”

Judges have rejected these arguments so far, in part because Phillips’s refusal to serve Craig and Mullins was so categorical, and their conversation so brief. They never reached potentially relevant details such as what, if anything, would be inscribed on the cake.

“For all Phillips knew at the time,” an administrative-law judge ruled, in 2013—in a decision later adopted by the Colorado Civil Rights Commission and upheld by the state appeals court—Craig and Mullins “may have wanted a nondescript cake suitable for consumption at any wedding.” The commission has conceded that Phillips could have lawfully declined to write messages that he disagreed with on the cake, and it has previously allowed bakers to refuse to adorn cakes with white-supremacist and anti-Muslim messages.

Phillips’s attorneys argue that the couple was asking him to “design and create” a unique cake, and that, even if they weren’t, any cake would convey the “unconscionable” message “that a wedding has occurred, a marriage has begun, and the couple should be celebrated.”

Commentators predict that Trump’s first appointee, Justice Neil Gorsuch, will tip the Court further in the direction of conservative Christian carve-outs from neutrally applicable laws. This trend picked up momentum with the 2014 case of Burwell v. Hobby Lobby Stores. That case held that closely held corporations were “persons” with rights to the free exercise of religion under the federal Religious Freedom Restoration Act (RFRA)–specifically, the right to refuse to cover contraception in employee health insurance plans.

While the wedding cake example may seem trivial in isolation, it’s a microaggression which, if multiplied, intentionally creates a climate of fear and exclusion for LGBTQ citizens. Consider the hundreds of small transactions and interactions you engage in each week, then imagine the anxiety of wondering whether you’ll be refused service, each and every time. Think about having to calculate whether it’s too risky, for your emotional and perhaps physical safety, to leave your house and go to the store today. Craig and Mullins were able to find a competing vendor, but in a small town where the baker’s homophobia is widely shared, you could easily get into a situation of community-wide shunning.

Meanwhile state legislatures are feeling emboldened to apply anti-gay “religious freedom” precedents to more serious matters than pastry, such as medical care, housing, and social services for at-risk children. Last week, the U.S. Court of Appeals for the Fifth Circuit, which covers Louisiana, Mississippi, and Texas, lifted the injunction on Mississippi’s RFRA, meaning that the law now goes into effect. From the story by Mark Joseph Stern at Slate:

A federal judge had blocked the law before it took effect, ruling it violated the Establishment and Equal Protection Clauses. The 5^th Circuit, however, held that the plaintiffs in the case did not have standing to challenge the law in court, rendering the injunction improper.

HB 1523, the Mississippi bill, constitutes an all-out assault on LGBTQ people and a sweeping effort to legalize discrimination. Under the law:

• Businesses can refuse service to LGBTQ people.
• Employers can fire (or refuse to hire) workers because of their sexual orientation and gender identity.
• Adoption agencies, private and taxpayer-funded, can turn away same-sex couples and trans people.
• Landlords can evict renters for being LGBTQ.
• Medical professionals can refuse to treat LGBTQ patients.
• Clerks and judges can refuse to marry same-sex couples.
• Schools can exclude trans students from bathrooms that align with their gender identity and discriminate against all LGBTQ students.