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babylonsister

(171,092 posts)
Sat May 7, 2022, 07:19 AM May 2022

The stuff of nightmares --

Copied from Debra Porta. The stuff of nightmares --

"Justice Alito's invocation of Sir Matthew Hale in his leaked majority opinion is so, so much more fucked up than people realize. I'm a professor with a PhD, and my area of expertise happens to be women and gender in the early modern era (1500-1700). Here is what you need to know.

Matthew Hale, just like a lot of Christian extremists today, believed that women were made from Adam's rib. God did not make her as an autonomous being with rights. She was a physical extension of his body, made to be his "helpmeet," namely to exist to help him to whatever he wants.

Hale therefore wrote in his posthumously published book Historia Placitorum Coronæ (1713) that marital rape was totally legal. In fact, because a man owned a woman's body as it was an extension of his own to do with whatever he willed, he was incapable of marital rape.

The logic was that you can't rape something that isn't considered an independent human being. Your wife's body is yours and you can't rape yourself. This is the logic Alito is upholding when he invokes Matthew Hale. But it gets worse.

Let's say a woman vocalized her opinion and it ran contrary to her husband's. She didn't want sex. Hale believed that this put her in violation of her marital vows. She was literally breaking the law. Women who denied men sex needed to be punished.

There was a whole set of laws at the time specifically on the punishment of women who spoke up against the men in their lives. They didn't have the legal authority to say no to sex because they were not legally independent human beings.

Keep in mind that Hale and others also viewed a father's role in a similar way. The daughter had no bodily autonomy, & it was a father's duty to "correct" his children as long as he did so within the law. Daughters were groomed from an early age to be obedient to future husbands.

It should be no surprise that Hale was responsible for the trial and execution of women for witchcraft and that his legal opinion would be used as a base for the execution of women and children by the state both in England and the Americas.

The big witch trial Hale was known for was the 1662 trial of Rose Cullender and Amy Duny. It followed many of the trial conventions of the day with bonkers stories of toads, vomiting pins, etc. Both women were widows and found guilty.

Women who were executed by the state for witchcraft were overwhelmingly poor and single. Most were widows. Hale & his contemporaries found independent women to be a serious threat in society. She was not owned by father or husband, which meant that she was an unnatural presence.

Women without a man to tightly control their behaviors were viewed as extremely susceptible to immorality and becoming a Satanic force in the community. Hale believed it was in society's best interest for men of the state to step in and control these women.

A woman's primary purpose in adulthood was to be married, be obedient to a man, & to have children. Alito invoking Hale in his opinion made it clear that he also thinks this too. It's his duty as a man to put the bodily fate of women in the hands of states run by white men.

Keep in mind that Hale was only talking about white Christian women. Women who didn't fall into this category were debated as even being women. They were viewed as less than human with even less rights. The rule of thumb didn't apply; they weren't worthy of such restraint.

Are you starting to see why Alito's invocation of Hale is so deeply, deeply fucked up on so many insane levels that there isn't a way to possibly overreact to how shitty his legal standing is here? Rage, horror, disgust, etc. are not deep enough reactions to his legal opinion.

And if you think Hale being invoked by Alito was something out of left field, think again. Hale is all over our legal system. The easiest application to find was the Salem Witch Trials, but his influence on our laws is much more insidious than that. Marital rape was not completely outlawed in the United States until 1993.

When Alito talks about going back to what the founding fathers meant, he is talking about all of this shit. Women's bodies being legally owned and controlled by men. He knows many Christian white women are groomed theologically to agree and will vote for this patriarchal control.

Alito knows that by kicking reproductive control back to the states that he is putting an incredible amount of power in the hands of the men who control these communities. He knows that white men are disproportionately in charge of these places.

Alito knows how much power and influence local churches have on local leadership. He knows most of these institutions are controlled by men. He is counting on it. He knows the biggest threat to women are the men in their homes and communities.

Justice Alito and men like him do not see women as independent human beings with their own human rights. They see us as incapable of making our own decisions. They consider men to be divinely appointed to rule over women.

This is not an exaggeration. If they think of white Christian women this way, imagine what they think about women of color, women of non-Christian groups, or trans women and men. The utter disdain towards them is deep, disturbing, incomprehensible, and violent.


— @Literature_Lady"
46 replies = new reply since forum marked as read
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The stuff of nightmares -- (Original Post) babylonsister May 2022 OP
Thank you for this educational, though thoroughly disgusting, post. nt Atticus May 2022 #1
Stated well: Delphinus May 2022 #3
Lachlan Murdoch's FOX NEWS "serfs" for personal profits. Justice matters. May 2022 #30
Next they will end no fault divorce and then multigraincracker May 2022 #2
These nightmares can only come to pass, when driven by a corrupt minority of citizens, Magoo48 May 2022 #13
The trick is to remove rights before people realize it's been done and it's too late to turn back. NullTuples May 2022 #33
End no fault divorce? That would really rile their followers. keithbvadu2 May 2022 #20
That was one of the biggest issues for evangelist until multigraincracker May 2022 #29
I have never really felt MuseRider May 2022 #4
Well, by Hale's logic having sex with a woman... Joinfortmill May 2022 #5
No worries; that's what religion was practically invented for. NullTuples May 2022 #34
This message was self-deleted by its author Joinfortmill May 2022 #6
From the article... OldBaldy1701E May 2022 #7
Alito will never speak to a real journalist again in his life. He'sbe too afraid of Hale questions ZonkerHarris May 2022 #41
Historical Traditions.... NowISeetheLight May 2022 #8
Ancient religious texts were written by men. Lonestarblue May 2022 #9
"I am so disgusted with where we are as a country today" Ferrets are Cool May 2022 #10
Yes, the Eve story has been wnylib May 2022 #12
+1000 smirkymonkey May 2022 #35
So true and disturbing Brenda May 2022 #11
Preach, Brenda! And babylonsister May 2022 #14
Thanks! Brenda May 2022 #16
That's what shocks me. How quickly it's all happening. smirkymonkey May 2022 #36
Thanks smirkymonkey! Brenda May 2022 #45
For some people, bearing and raising children is the main or sole purpose of womanhood. Jedi Guy May 2022 #39
Thank you Jedi Guy! Brenda May 2022 #46
and the WAR ON WOMEN continues apace. Would you consider cross-posting this in niyad May 2022 #15
Of course! nt babylonsister May 2022 #17
working toward "incel" paradise, no? bringthePaine May 2022 #18
Kick. Rec. Bookmark. ...... vomit Hekate May 2022 #19
Make sure it's not pins!!! -nt Layzeebeaver May 2022 #24
Same "logic" they used to justify forced sex with slaves...nt Wounded Bear May 2022 #21
Great treatise. Covers a lot of ground, too. Yet, there is an understatement. jaxexpat May 2022 #22
I hope enough women are waking up to this ugly reality to effect meaningful change dlk May 2022 #23
Alito's wife and children? kiri May 2022 #32
Kick dalton99a May 2022 #25
Many men in this day and age... 2naSalit May 2022 #26
Kick. N/T Upthevibe May 2022 #27
Thank You Progressive dog May 2022 #28
Justice Sotomayor -- "How is your view anything but a religious view?" nt ancianita May 2022 #31
+1 n/t area51 May 2022 #37
"Marital rape was not completely outlawed in the United States until 1993." CrispyQ May 2022 #38
Mathew Hale will not be mentioned in the final draft Botany May 2022 #40
I'll bet you're right. JudyM May 2022 #42
k&r Demovictory9 May 2022 #43
. Achilleaze May 2022 #44

Delphinus

(11,840 posts)
3. Stated well:
Sat May 7, 2022, 08:05 AM
May 2022

educational, though thoroughly disgusting.

I do not know what we have become as a nation.

Justice matters.

(6,941 posts)
30. Lachlan Murdoch's FOX NEWS "serfs" for personal profits.
Sat May 7, 2022, 11:53 AM
May 2022

And nothing is, has been, and will be done about it.

Magoo48

(4,720 posts)
13. These nightmares can only come to pass, when driven by a corrupt minority of citizens,
Sat May 7, 2022, 08:38 AM
May 2022

if the majority of citizens do not muster the active enthusiasm to put forth whatever amount of effort required to defeat the corrupt minority.

I will suggest, at the risk of being roundly criticized for demeaning Dems, we have not yet come close to levels of the above mentioned active enthusiasm currently required.

NullTuples

(6,017 posts)
33. The trick is to remove rights before people realize it's been done and it's too late to turn back.
Sat May 7, 2022, 02:51 PM
May 2022

Keep them thinking they still have rights, far more than they actually do. And do it across a wide scattering of life aspects. That way it only affects individuals not groups. Except the "wrong" groups; they're attacked overtly but they are also "other" so again people don't see it affecting themselves.

We're nearly there, 2022 and '24 will be the crossing point, I believe. If the GOP maintains power they will have the pieces in place to do so indefinitely.

keithbvadu2

(36,912 posts)
20. End no fault divorce? That would really rile their followers.
Sat May 7, 2022, 09:28 AM
May 2022

Jesus spoke strongly against divorce and possible resultant adultery from remarriage.

That's one of many parts of the Bible that can be ignored.

multigraincracker

(32,720 posts)
29. That was one of the biggest issues for evangelist until
Sat May 7, 2022, 11:36 AM
May 2022

Reagan came along. He was divorced, remarried and passed no-fault divorce in Ca. So, they dropped that issue and took up gay marriage.

MuseRider

(34,120 posts)
4. I have never really felt
Sat May 7, 2022, 08:09 AM
May 2022

like this was more than a mistake away. I was right. I remember the days when you could be threatened or even treated badly and nobody was there to help you find your way out. It was always a shrug and the attitude of "what are you going to do about it, it is what it is." All of that followed by a pat pat on the head and a shrug that the "little lady" just does not quite get it...yet.

Joinfortmill

(14,457 posts)
5. Well, by Hale's logic having sex with a woman...
Sat May 7, 2022, 08:14 AM
May 2022

Would be masterbation. And I suspect he was against that. His was: Logic of the Loonies.

NullTuples

(6,017 posts)
34. No worries; that's what religion was practically invented for.
Sat May 7, 2022, 03:07 PM
May 2022

The advantage in this situation of religion over logic is that the rules of religion don't have to make sense.

Response to babylonsister (Original post)

OldBaldy1701E

(5,157 posts)
7. From the article...
Sat May 7, 2022, 08:15 AM
May 2022
Alito knows how much power and influence local churches have on local leadership. He knows most of these institutions are controlled by men. He is counting on it. He knows the biggest threat to women are the men in their homes and communities.


And yet, we still allow men to pretend as if they are the greatest thing since sliced bread. We also keep on giving the churches that power because we keep deferring to them even as we have evolved past them. It is not progress and change that is going to destroy this country. It is the stodgy refusal to realize that our society changes and that 'going back to how things were' is just a euphemism for 'I want things like they were when me and mine had all the power!'. That is all it is.

ZonkerHarris

(24,255 posts)
41. Alito will never speak to a real journalist again in his life. He'sbe too afraid of Hale questions
Sun May 8, 2022, 12:32 AM
May 2022

Alito is by nature a fucking coward.

NowISeetheLight

(3,943 posts)
8. Historical Traditions....
Sat May 7, 2022, 08:17 AM
May 2022

This must be the history Alito is referring too when he wrote only historical traditions should be protected by the constitution.

Lonestarblue

(10,078 posts)
9. Ancient religious texts were written by men.
Sat May 7, 2022, 08:21 AM
May 2022

Many were monks with no real knowledge of women or religious leaders with their own backward ideas about how women should be treated. They lived in ages when men totally dominated women, who had few rights, and accusations of witchcraft were made to control and punish women. I have never believed much of the Bible because the story of Adam and Eve was written by a man or men who obviously hated women and their influence on men, and I believe in science too much to think it possible for Eve to be formed from a rib.

But the story of Eve became a convenient means to blame women for leading men astray. Is it any wonder that women are blamed for the sins of man, or that even today in extremist religions like Islam and white evangelicalism women are believed to have no purpose other than sex and bearing children. We’ve all heard or read the excuses of the domestic abusers who blame the woman for “causing” him to beat or or the rape apologists who say how a woman dresses causes rape or that victims should just lie back and enjoy it.

I am so disgusted with where we are as a country today, and where we’re likely headed—back to the Dark Ages indeed. The religious right is determined to turn the US into a dystopian reality.

Ferrets are Cool

(21,110 posts)
10. "I am so disgusted with where we are as a country today"
Sat May 7, 2022, 08:27 AM
May 2022

Disgusted and extremely angry with a certain sect of people.

wnylib

(21,611 posts)
12. Yes, the Eve story has been
Sat May 7, 2022, 08:36 AM
May 2022

an excuse for centuries for devaluing women.

Sociologically, the story is written by a society of nomadic tribal herders and reflects their reaction to the fertility religions of the agricultural societies and cities around them. Snakes were fertility symbols.

Brenda

(1,072 posts)
11. So true and disturbing
Sat May 7, 2022, 08:31 AM
May 2022
When Alito talks about going back to what the founding fathers meant, he is talking about all of this shit. Women's bodies being legally owned and controlled by men. He knows many Christian white women are groomed theologically to agree and will vote for this patriarchal control.


I recall a former gym friend who began a campaign to convince me that as a middle aged woman there was still time and ways for me to have a child. At first I politely told her I never wanted children and never would. She was so well groomed to believe women MUST be mothers in order to have any worth (or chance to see Jeebus) that she ignored every thing I said. Finally I just ignored her and left that gym. Saw her recently and she looked beat down, way older than she should look and she was shocked I didn't hug her. Nope.

If I can't control my biological destiny then I am not a free human being. And fuck you for trying to take away my freedom.

Brenda

(1,072 posts)
16. Thanks!
Sat May 7, 2022, 08:47 AM
May 2022

I can't believe the rapidity with which the world is changing for the absolute worse. I used to be worried about how climate change was going to dictate our daily lives but the religious nuts are obviously trying to make social issues affect us first.

Are they all prepping for the End Times?

 

smirkymonkey

(63,221 posts)
36. That's what shocks me. How quickly it's all happening.
Sat May 7, 2022, 03:39 PM
May 2022

I mean, I know it has been in the works for years, but it just seems like it is snowballing and if we don't keep our heads above water in the November elections, it is going to go downhill even faster. We won't even know what hit us. They will take the opportunity to destroy every gain we have made in the last century.

I can't say I am optimistic. Oh, and welcome to DU!

Brenda

(1,072 posts)
45. Thanks smirkymonkey!
Sun May 8, 2022, 10:31 AM
May 2022

Can't say I'm optimistic either. But I'm trying to live "in the moment" so as not to go postal.

Jedi Guy

(3,251 posts)
39. For some people, bearing and raising children is the main or sole purpose of womanhood.
Sat May 7, 2022, 09:21 PM
May 2022

It's certainly the case for the Quiverfull movement, and while not taken to quite that extreme, is also largely true in most evangelical Christian communities, as well as the Catholic Church. They regard a woman who cannot have children as something other than a "real woman," with the usual term of art being that she's not "whole." I've also heard the term "damaged goods." So your "friend's" hot take on the matter doesn't much surprise me.

And it's not just religious communities, either. My wife had endometriosis several years before we met, which resulted in a double oophorectomy. She was given the option to have several of her eggs frozen and she declined, which was met with frank bewilderment by her care team, to the point of having two lengthy conversations on the topic before her wishes were honored. The idea that a woman wouldn't want to have children was viewed as wildly abnormal.

When our relationship turned "serious" (for want of a better term) she was very blunt and direct in informing me that she couldn't have children and was astonished when I responded with, "Okay, so what?" For the men she'd dated prior to meeting me, her inability to have kids was a deal-breaker and they had no further interest in a relationship once they found out.

A lot of people just can't wrap their heads around a concept of "womanhood" that doesn't involve kids, unfortunately.

Welcome to DU!

Brenda

(1,072 posts)
46. Thank you Jedi Guy!
Sun May 8, 2022, 10:37 AM
May 2022

I can relate to your wife having suffered from endometriosis since my teen years. However BCP kept it under control for the most part. I was fortunate enough to only have male partners who knew I was not willing and possibly unable to have a child. Unfortunately that attitude about us not being "real" women has led me to live kind of an isolated life. But that's okay, I don't want to be around the fundy nuts!

niyad

(113,573 posts)
15. and the WAR ON WOMEN continues apace. Would you consider cross-posting this in
Sat May 7, 2022, 08:42 AM
May 2022

Women's Rights And Issues? Thanks in advance.

jaxexpat

(6,849 posts)
22. Great treatise. Covers a lot of ground, too. Yet, there is an understatement.
Sat May 7, 2022, 09:33 AM
May 2022

The mentality that permits white men to dismiss women, even subconsciously, digs deeply into the soul of mankind. It, by extension, encourages acceptance of primal injustice and tolerance for any number of crimes against the female, the non-white, the foreigner and the stranger. It's not necessarily in the DNA either. It's in the neo-cortex of the thief and bully. The cunning ones who sneak to high power, fearing and despising their constituency but upholding the pretenses of benevolence and condescending tolerance for their "frailties". It's in the pastor who assumes divinity and its pathway to moral authority just as in the brutal ignorance and stagnation of the Taliban. Same result. The mindlessness of neo-conservatism is the perfect incubational environment, the barren pasture to husband such attitudes and actions. It's too predictable that a society ruled by such daily disproven precepts would cling to anchorage, repairing its leaks and reinforcing its chains, its citizens suffering their pointless little lives in inner dread that the winds and tide will change, and ship would sail.

dlk

(11,578 posts)
23. I hope enough women are waking up to this ugly reality to effect meaningful change
Sat May 7, 2022, 09:36 AM
May 2022

We have to find a way around the deluge of divide and conquer tactics heaped on women by opportunistic politicians or our country will only continue further in this dark direction. The first step is recognizing what’s happening. Thank you for this post.

kiri

(796 posts)
32. Alito's wife and children?
Sat May 7, 2022, 12:39 PM
May 2022

One has to wonder how he treats his wife and what she thinks of her position.

They are Catholic, so the usual evangelical tenets do not apply.

2naSalit

(86,782 posts)
26. Many men in this day and age...
Sat May 7, 2022, 10:42 AM
May 2022

Still believe this bullshit is real because they can't be bothered to learn anything that shows they can't have everything their way. These men believe that women are to be fucked, anything else is gratuitous if you chose to extend such luxuries.

Men who believe this shit or play along because it gets them what they want and hold power over large populations are the greatest danger to our survival on the planet that has ever been.

CrispyQ

(36,518 posts)
38. "Marital rape was not completely outlawed in the United States until 1993."
Sat May 7, 2022, 07:01 PM
May 2022


Damn! I had no idea it was that late.

Thanks for posting, although reading it made my blood boil.

JudyM

(29,277 posts)
42. I'll bet you're right.
Sun May 8, 2022, 02:17 AM
May 2022

Though now we know.
Makes citing the Bible as justification in their opinions (e.g., Bowers V Hardwick, the GA sodomy case that was overturned by Lawrence) seem almost reasonable, by comparison.

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