Goodbye, RBG

Posted on Categories Civil Rights, Feminism, Human Rights, Public, U.S. Supreme CourtLeave a comment» on Goodbye, RBG

The actual Justice GinsburgShe stood, at best, five feet, one inch tall. But as she got older, she looked shorter—age and frailty bending her small frame forward.

Even so, she was larger than life.

Now, if had he known her, Shakespeare surely would have penned these words for her: “Though she be but little, she is fierce.”

Most of you already know who “she” is. “She” is Justice Ruth Bader Ginsburg, and tonight, she died at the age of 87. She was a three-time cancer survivor. But a survivor, she was.

Cornell University had admitted her as an undergraduate, and she started classes mere months after her mother died. She ended up the highest-ranking female student in her class. And, during her first year of law school at Harvard as one of only nine women in a class of 500 men, she, the mother of a toddler, did her own studying and typed up notes for her husband Marty, a second-year law student who was undergoing treatment for testicular cancer. She juggled parenting a small child, pursuing her own rigorous studies, and managing her husband’s studies. When Marty graduated from Harvard Law and moved to New York for work, she followed, transferring to Columbia Law School. And ended up tying for first in her graduating class.

Considering her class rank and her achievements at two renowned law schools, you’d think she’d have no trouble finding a job. But you’d be wrong. As I’ve heard her say, she had three strikes against her: she was Jewish, she was a woman, and she was a mother. Fortunately, then, because no law firm would hire her, she eventually ended up working for the ACLU as a founding member of the ACLU’s Women’s Rights Project. There, she was the architect of the litigation strategy that chipped away at laws that discriminated on the basis of sex. In her view, neither women nor men should be constitutionally bound by societal roles made legal based on what “women” or “men” should be.

Only she never was able to convince the Court that sex discrimination cases should receive strict scrutiny, like other suspect classifications. Continue reading “Goodbye, RBG”

Milwaukee Journal Sentinel Runs Maniak’s Blog Post

Posted on Categories Civil Rights, Human Rights, International Law & Diplomacy, Media & Journalism, Milwaukee, Public, Student Contributor1 Comment on Milwaukee Journal Sentinel Runs Maniak’s Blog Post

August student blogger of the month and former Marine Robert Maniak (3L) recently wrote a powerful, moving post called Rules of Engagement that appeared on this blog. This morning, the Milwaukee Journal Sentinel and ran that post as an opinion piece. Congratulations to Robert. Be sure to check out Robert’s other blog posts here, here, and here.

Rules of Engagement

Posted on Categories Civil Rights, Human Rights, International Law & Diplomacy, Public, Student Contributor1 Comment on Rules of Engagement

Afghanistan was hot. An almost indescribable amount of heat meant that you were constantly sweating as everything you wore became soaked, so that you were never truly dry. I was there in 2014 as part of, what we thought at the time, was the U.S.’s withdrawal from the country. The unit I was a part of had the impossible task of maintaining the operation of Camp Bastion’s flight line, providing all the logistics that kept the aircraft and crews happy, while also keeping them safe.

Contrary to public assumption, and most recruiting commercials, the U.S. Marine Corps isn’t made of just infantry and aircraft units. There is a whole ecosystem of support jobs which keep everything moving along. My job was one of the less glamorous, less flashy, less likely to be publicized ones. I maintained air conditioners and refrigerators. And the unit I was assigned to wasn’t all that exciting either. We were a support squadron of the aircraft squadrons. We did not have any aircraft to maintain. Rather, we were supplied all the less glamourous logistics for the units that did fly.

Part of that logistic support was security. After the disastrous 2012 attack which killed two Marines and destroyed millions of dollars of aircraft, the airfield, which was nested inside the larger base, was subject to increased security protocols, limiting access to only those who had business there. This meant that in addition to doing our daily jobs, like vehicle and heavy equipment maintenance, we would also be tasked to stand post at the entry points for the flight line or be on stand-by as a quick reaction force in the event that someone breached the base fence and made the one-kilometer trek to the flight line. Continue reading “Rules of Engagement”

Bostock v. Clayton County: An Unexpected Victory

Posted on Categories Alumni Contributor, Circuit Splits, Civil Rights, Human Rights, Labor & Employment Law, Public, U.S. Supreme Court2 Comments on Bostock v. Clayton County: An Unexpected Victory

A photo of the White House with rainbow lights shown on it[The following is a guest post from Alexa Bradley (L’18).]

The days in which same-sex couples could marry on Sunday and be fired on Monday are no longer.

Gone, too, are the days in which a transgender employee could be fired for giving themselves the gift of living their life as the person they were always meant to be. On June 15, 2020, in Bostock v. Clayton County Board of Commissioners, the United States Supreme Court ruled in a 6-3 decision that Title VII’s prohibition of workplace “sex” discrimination clearly encompasses discrimination based on one’s sexual orientation or transgender status because “homosexuality and transgender status are inextricably bound up with sex.” This long-awaited decision was an unexpected victory for the LGBTQi community, of course, but also for the sanctity of Title VII.

Before I get into the weeds of the Bostock opinion, a little background may be helpful. I’ll first explain Title VII and some of the early Supreme Court case law interpreting “sex.” Then, before I explain the opinion itself, I’ll explain how the circuit courts had interpreted “sex” when it came to claims involving sexual orientation and transgender status. Finally, after explaining the majority opinion, I’ll unravel the dissenting arguments.

 Title VII Background
Title VII was enacted by Congress in 1964 to address the pervasive problems of employment discrimination and to ensure that, among the other enumerated characteristics, an employee’s “sex” was not relevant to their selection, evaluation, or compensation. According to Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 64 (1986), Congress drafted Title VII in broad terms to “strike at the entire spectrum of disparate treatment between men and women.” Since Title VII’s passage, the Court has been tasked on a number of occasions with clarifying the scope of protection provided by Title VII’s ban on “sex” discrimination.

For example, in 1971, the Court held in Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971) (per curiam), that an employer who hired men with school-aged children but would not hire women with school-aged children had engaged in sex discrimination in violation of Title VII. The Court’s decision in Phillips created the “sex-plus” theory of discrimination. Sex-plus discrimination is found when an employer, explicitly or in effect, classifies an employee on the basis of sex plus another characteristic, such as “women who have children.” So, in Ms. Phillips’s case, her employer discriminated against her because she was (A) a woman, who had (B) school aged children. Thus, her employer’s decision was motivated, in part, by Ms. Phillips’s sex, which violates Title VII.

In 1978, the Court considered in Los Angeles Department of Water & Power v. Manhart, 435 U.S. 702 (1978), whether Title VII permitted an employer to require women to make larger contributions to the pension fund than men. The employer argued that the policy was justified because women are likely to live longer than men, so women would receive more over time from the pension fund. However, recognizing Title VII’s clear focus on the individual rather that a group, the Court rejected the employer’s justification. The Court reasoned that it may be true that women, as a whole, live longer than men, but an individual woman may die as early as a man, and that the individual, therefore, is the proper focus for Title VII. Thus, the Court held that an employer engages in sex discrimination in violation of Title VII when the employer uses generalizations or assumptions about an entire class of employees that results in individual disparate treatment.

In 1986, the Court held in Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986), that claims of workplace sexual harassment fall under the umbrella of “sex discrimination” claims contemplated by Title VII, and in 1989, the Court held in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), that discrimination on the basis of an employee’s failure to conform to expectations of gender norms – or sex-stereotyping – constitutes “sex” discrimination in violation of Title VII.

Finally, in 1998, in Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998), an opinion written by the late Justice Antonin Scalia, the Court found that Title VII’s prohibition on “sex” discrimination applies to cases of workplace harassment between members of the same sex. In so holding, Justice Scalia explained “male-on-male sexual harassment in the workplace was assuredly not the principal evil Congress was concerned with when it enacted Title VII. But statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.” Id. at 79.

In considering the above-cited opinions, one central theme seems to ring through: “sex” must be interpreted broadly.

This theme becomes unavoidably clear when considered with Congress’ abrupt response to the Court’s holding in General Electric Co. v. Gilbert. 429 U.S. 125 (1976).  In Gilbert, the Court found that a company plan that provided nonoccupational sickness and accident benefits to all employees but did not provide such benefits for any absence due to pregnancy did not constitute sex discrimination. In response, Congress passed the Pregnancy Discrimination Act of 1978, which explicitly overturned Gilbert and expanded Title VII’s definition of “sex” to cover “pregnancy, childbirth, and related medical conditions.” 42 U.S.C. § 2000e(k). Congress’ swift action to overturn Gilbert sent a clear message to the Court – the protected characteristics enumerated in Title VII are to be afforded broad interpretations.

How We Got Here
This is the landscape of Supreme Court decisions against which Bostock must be understood. Continue reading “Bostock v. Clayton County: An Unexpected Victory”

SBA Statement in Support of BLM and Against Racial Injustice

Posted on Categories Civil Rights, Criminal Law & Process, First Amendment, Human Rights, Legal Profession, Marquette Law School, Milwaukee, Public, Race & Law, Student ContributorLeave a comment» on SBA Statement in Support of BLM and Against Racial Injustice

Logo of Student Bar AssociationTo Our Peers, Professors, And Administrators:

Marquette University Law School Student Bar Association writes to you today to address the tragedy that we as a community and a country have faced in the last three weeks. Not one of a pandemic, but rather the state-sanctioned murders of Black Americans. Namely, Ahmaud Arbery, Nina Pop, Breonna Taylor, George Floyd, and countless others. Their deaths are not novel, and we would be remiss to categorize them as such. Their deaths are the tragic manifestation of a long-standing system of racial oppression that continues to unjustly claim the lives of Black Americans.

We want to be loud and exceptionally clear: SBA believes Black Lives Matter. We are an anti-racist organization, and we condemn every form of racism. We stand in solidarity with the members of the Black Law Student Association, the Black community of Marquette University, and the Black community around the world.  Continue reading “SBA Statement in Support of BLM and Against Racial Injustice”

Israel Reflections 2019–Immigration, Racism, & Refugees

Posted on Categories Civil Rights, Human Rights, Immigration Law, International Law & Diplomacy, Public, Race & LawLeave a comment» on Israel Reflections 2019–Immigration, Racism, & Refugees

On our first full morning in Tel Aviv, we turned to some (other) hard issues facing different parts of the population in Israel. Our first speaker was Mazal Bisawer, a PhD candidate and student leader at Tel Aviv University. Mazal spoke to us about the Ethiopian population in Israel—a minority within a minority—most of whom immigrated to Israel in the 1970’s and 1980’s. We’ve had visits with other Ethiopian Jews over the years (see blogs from 2017 here and 2015 here) dealing with the issue of diversity in Israel. And even on the main street in Tel Aviv, the concept of refugees is front and center with this beautiful mosaic:

Refugees mosaic

Shayla Sanders identified with Mazal’s comments:

She spoke broadly about police brutality against young Ethiopian men and emphasized that while only 2% of the population in Israel, Ethiopian young people make up 60% of the population in juvenile detention facilities. I was struck in this moment with a sickening, yet somehow validating sense of déjà vu. I recognized these statistics. I know that African Americans in the US face a similar plight. In hearing her speak to some of these issues, I heard some of the same emotions I myself experience when discussing racial issues here in the US. I heard in her the same passion I feel when discussing instances of injustice against my people. I heard her pain when she told us how people would say that Ethiopians should feel lucky to only be experiencing minor levels of racism because they are the only group of black people not brought by force into a country and compelled into slavery. I felt her frustration when she emphasized that speaking out on these issues, she is often met with the same reaction as if she had stated a belief in little green aliens and UFOs… I have myself been written off as a radical idealist who plays the race card all too frequently. I have been faced with those who would rather police my tone than address and confront the truth in my statements. So, imagine my utter lack of shock when our very own tour guide immediately dismissed Mazal as radical and gave an open invitation to our tour group to take her opinion with a grain of salt not granted to any of the other speakers we had seen thus far.

Continue reading “Israel Reflections 2019–Immigration, Racism, & Refugees”

Israel Reflections 2019 – Yad Vashem

Posted on Categories Human Rights, International Law & Diplomacy, Judges & Judicial Process, Public, Religion & LawLeave a comment» on Israel Reflections 2019 – Yad Vashem

View looking out over the Israeli countryside of rolling hills and trees from within the Holocaust Memorial.The day after our interesting trip to Palestine we visited Yad Vashem, Israel’s holocaust memorial. Many of the students on the trip had learned about the Holocaust in school and visited the Holocaust museum in D.C., but nothing could really prepare them for this experience. In advance, I had each student research someone on the Avenue of the Righteous to understand choices made during World War II.  Jordan Janikowski thought:

One beautiful memorial that served as a beacon of hope was the Avenue of the Righteous, a garden of trees dedicated to individuals and families who risked their lives in order to help save others during the holocaust. This serves as a reminder that we all need to take responsibility in standing up for others although it is still incomprehensible how such an inhumane tragedy could have occurred, there are many parallels to today’s society. It is important that we continue to educate ourselves about the past to ensure that these kinds of atrocities never happen again.

One of the many breathtaking moments in the museum at the end in the Hall of Names. Kelly Krause noted:

As you stand on a platform, pictures of 600 Jewish victims are above you and below the platform is a well. Around you there are binders that contain approximately 2.2 million pages of testimony about the more than 6 million Jews who perished in the Holocaust. Sadly the room is not full, recognizing that some of the names of those who perished have not been discovered..In this room I felt the impact and scale of the Holocaust far more than any museum, film, or book has made me feel before. Exiting this room, you once again walk into light, but this time it’s the light from the view of the State of Israel. This view of the Jewish state looks different than the one when you entered the museum, in more ways than one.

Before we left Yad Vashem we heard from Professor Amos Hausner, son of Gideon Hausner, the lawyer who prosecuted Adolf Eichmann. Professor Hausner spoke to the students about the trial, and international criminal justice reform. Steve Deguire reflected on one particular remark:

His father felt the prosecution and execution of Eichmann had not been successful because he saw no indications of a deterrence effect from the trial in preventing genocides…This statement remains true to this day with modern day genocides, (i.e. Myanmar, South Sudan, and Central Africa); the handful of prosecutions to actually occur will not be sufficient to deter genocide. The example provided by the Eichmann trial will remain a standard for the international criminal justice system when dealing with genocide.

Cross-posted at Indisputably.org

Class-Action Lawsuit Seeks Permanent Suspension of the Milwaukee Police Department’s Alleged Unconstitutional Policies, Practices, and Customs

Posted on Categories Civil Rights, Constitutional Law, Criminal Law & Process, Human Rights, Milwaukee, Public, Race & Law, Student ContributorLeave a comment» on Class-Action Lawsuit Seeks Permanent Suspension of the Milwaukee Police Department’s Alleged Unconstitutional Policies, Practices, and Customs

This semester in Professor Lisa Mazzie’s Advanced Legal Writing: Writing for Law Practice seminar, students are required to write one blog post on a law- or law school-related topic of their choice. Writing blog posts as a lawyer is a great way to practice writing skills, and to do so in a way that allows the writer a little more freedom to showcase his or her own voice, and—eventually for these students—a great way to maintain visibility as a legal professional. Here is one of those blog posts, this one written by 3L Andrea Jahimiak.

On February 22, 2017, six individuals who identify as either Black or Latino filed a class‑action lawsuit against the City of Milwaukee, the Milwaukee Fire and Police Commission (“FPC”), and Police Chief Edward Flynn. The plaintiffs allege that their constitutional rights were violated when they were unlawfully stopped, frisked, or both, by Milwaukee Police Department (“MPD”) officers.

Together, the plaintiffs are seeking relief by way of the court: (1) declaring that the defendants’ stop and frisk policies, practices, and customs are unconstitutional; and, (2) ordering immediate and permanent suspension of such policies, practices, and customs.

Allegation of a Named Plaintiff

One of the plaintiffs alleged that her teenage son has been unlawfully stopped by an MPD officer on at least three occasions. The first unlawful stop took place when he was ten years old.

Around noon in October 2010, D.A. walked to his friend’s home. When D.A. arrived at his friend’s home, he rang the doorbell, but no one answered. D.A. then used his cellphone to call his friend.

While on the phone, an MPD officer walked up to D.A., put his arms around D.A. shoulder’s and walked D.A. to his squad car located in the nearby alley. The officer then forcibly removed D.A.’s phone from him, patted him down, and made D.A. put his hands on the hood of the squad car.

The father of D.A.’s friend, a white male, ran out of the home. The father immediately asked the officer what was going on and asked why he was searching a child. The officer replied that he was making sure nothing was wrong. The officer then left.

D.A.’s mother called the associated MPD district and spoke to the sergeant. D.A.’s mother demanded to know why a police officer stopped and frisked her ten-year-old son. The sergeant said that it was MPD policy to stop and frisk young men walking through alleys.

Expert Reports Confirming MPD

Almost a year after filing suit, the ACLU of Wisconsin released three expert reports regarding the MPD’s stop and frisk policies, practices, and customs. The expert reports were conducted in relation to the ongoing class‑action lawsuit.

The expert reports concluded that the MPD has unconstitutional policies, practices, and customs. And that MPD officers routinely conduct unconstitutional stops and frisks procedures, motivated by race and ethnicity. Continue reading “Class-Action Lawsuit Seeks Permanent Suspension of the Milwaukee Police Department’s Alleged Unconstitutional Policies, Practices, and Customs”

Is it Time for More Than Just “Thoughts and Prayers”?

Posted on Categories Congress & Congressional Power, Federal Law & Legal System, Human Rights, Marquette Law School, President & Executive Branch, Public1 Comment on Is it Time for More Than Just “Thoughts and Prayers”?

This semester in Professor Lisa Mazzie’s Advanced Legal Writing: Writing for Law Practice seminar, students are required to write one blog post on a law- or law school-related topic of their choice. Writing blog posts as a lawyer is a great way to practice writing skills, and to do so in a way that allows the writer a little more freedom to showcase his or her own voice, and—eventually for these students—a great way to maintain visibility as a legal professional. Here is the first of those blog posts, this one written by 2L Michael Van Kleunen.

Since the high school shooting in Parkside, Florida, we have seen an arguably unprecedented response from citizens and politicians speaking out on the topic of gun control and the extent to which a policy should be implemented. However, the National Rifle Association (NRA) and other gun rights groups have maintained a strong stance against policies that limit the proliferation of guns in the United States, basing their argument on the Second Amendment.

These groups have profoundly affected political rhetoric and the subsequent legislative landscape for decades. Recent polls have shown a majority of Americans would like to see Congress pass some kind of gun control legislation. But why has it taken so long for such policies to move forward? One key reason is the amount of campaign contributions issued to politicians who occupy vital positions that, inherent in their position, facilitate the creation and passing of legislation. Continue reading “Is it Time for More Than Just “Thoughts and Prayers”?”

Jiang Tianyong, Subversion, and the Seductive Rule of Law

Posted on Categories Human Rights, Political Processes & Rhetoric, Public, UncategorizedLeave a comment» on Jiang Tianyong, Subversion, and the Seductive Rule of Law

Chinese lawyer Jiang Tianyong sits in front of a microphone during his trial.As the Chinese lawyer Jiang Tianyong painfully realized, a belief in the rule of law is commendable in one context but deplorable in another.  While a belief in the rule of law has traditionally been honored in the dominant American ideology, the same belief is suspect given the dominant Chinese ideology.

Jiang had been a prominent human rights lawyer in Beijing and represented a large number of Chinese dissidents, often with surprising success.  His most famous client was perhaps Chen Guangcheng, an activist who fled house arrest and received asylum in the American Embassy.  Most recently, Jiang represented a group of other human rights lawyers, who were being prosecuted for criticizing the government.

In late August, 2017, Jiang himself was convicted of inciting subversion and attempting to undermine the Chinese Communist Party.  His trial as broadcast live on Weibo, a popular Chinese social media network, and highlights of the trial appeared daily on Chinese network television.

Jiang’s conviction was hardly surprising since, late in the trial, Jiang confessed.  In his confession, Jiang apologized for the harm he had done and, indeed, admitted he was part of a conspiracy to topple the Chinese Communist Party.  His confession ended with an emotional plea for mercy and for “a chance to become a new person.”

What’s surprising, at least for an American, is that Jiang said he had stumbled into subversion because of a misguided belief in the rule of law.  Jiang pointed at “the bourgeois Western constitutional system” and claimed that it had a “subliminal influence on him.”  Because of his belief in the rule of law, Jiang said, he rejected China’s political system and worked to replace it with the type of system that reigns in the United States. Continue reading “Jiang Tianyong, Subversion, and the Seductive Rule of Law”

Facing Extinction: Climate Migrant Crisis

Posted on Categories Environmental Law, Human Rights, Immigration Law, International Law & Diplomacy, Public, Water LawLeave a comment» on Facing Extinction: Climate Migrant Crisis

Map showing the continents of the the planet Earth with coastal areas marked in red highlighting the effect of a 6 meter rise in sea level. In recent days, President Trump has declared that he would have the United States withdraw from the Paris climate accord.  Business leaders like Elon Musk of Tesla have said that this decision would ultimately harm the economy by yielding the jobs of the future in clean energy to foreign competitors. I argue that withdrawing from the Paris climate accord also serves to exacerbate the climate migrant crisis that will inevitably hit American shores.

The global environment has long impacted migration patterns. For instance, humans have historically left places when deteriorating conditions threatened their survival. However, accelerated effects from climate change are expected to bring about significant and unprecedented changes to global migration patterns. Climate change is rapidly destabilizing global environments,(1) resulting in increasingly more common rising oceans, longer and more frequent droughts, and higher temperatures.(2)  Consequently, changes to global environments will inevitably dislocate people from their homes and nations. In fact, many communities have already started to suffer from the disastrous consequences of climate change. For example, in Gabura, Bangladesh, many of the three thousand people who live in this coastal region have been forced to move their homes onto skinny, man-made embankments to flee the rising ocean.(3)  Yet because of increasingly cramped conditions and dwindling resources, villagers are unable to work, farm, and live as they traditionally have.(4)  Unfortunately, there is no relief in sight, as scientists predict rising waters will completely submerge Gabura and at least seven percent of all Bangladesh before the end of the century.(5)  Parallel stories of growing displacement caused by rising sea-levels,(6) more frequent droughts,(7) and retreating sea ice(8) are found in ever increasing numbers all around the globe.

As nations debate the causes and treatments for climate change, people everywhere are struggling to adapt to new environmental realities. Regrettably, for many adaptation will mean leaving their countries to survive. Such people who are induced to leave their home country because of the climate change are referred to as “climate migrants”.(9)  Presently there is little empirical research to provide anything more than a rough prediction of population displacement that will occur because of climate change.(10)  In fact there is a wide variety of predictions; however this does not undermine the urgency to address the climate migrant crisis. For example, Christian Aid, a British organization that actively provides refugee assistance, predicts that the global number of displaced people may rise to more than one billion by the year 2050, in large part due to climate change.(11)  In comparison, ecologist Norman Myers reports that up to 200 million people may be become climate migrants by the end of this century.(12)  Despite the lack of empirical research, what is certain is that global warming will lead to massive population displacements and climate migration at numbers never before witnessed.(13)  Such displacement will almost certainly lead to extinction of peoples and cultures. Continue reading “Facing Extinction: Climate Migrant Crisis”

Israel Reflections 2017–Race and Diversity

Posted on Categories Human Rights, Marquette Law School, Political Processes & Rhetoric, Public, Race & LawLeave a comment» on Israel Reflections 2017–Race and Diversity

Close up photo of Ethiopian member of the Israel Defense Forces kissing the Western Wall in Israel.Another new meeting this year was with Oshra Friedman of Tebeka legal services, an organization that provides specialized legal services for the Ethiopian immigrants to Israel.  As we learned on our last trip, Israel has welcomed thousands of immigrants from Ethiopia of Jewish heritage and assimilation into the modern society of Israel can be very challenging.   As we also saw last time, these challenges can remind us and cause us to reflect on the challenges of race here in Milwaukee.  From Student Sheila Thobani:

Before we even discussed paper topics prior to departing for Israel, thoughts about the conflict were already flooding my mind. Not the cliché thoughts of the obvious conflict, the talked about every day in the media conflict, but one that I had a more personal association with: identity. I believe that is why Oshra Friedman’s narrative engaged my curiosity.

With the constant comments in public about my physical characteristics, one-second longer than comfortable gazes, and second-guess pseudo interrogations by people of authority—I was waiting at the edge of my chair to see how someone who looked different than every other person on the streets of Israel dealt with her diversity. An immigrant from Ethiopia, whose parents refused to assimilate, who jumped forward too far because her community was too backwards, who didn’t succumb to gender norms, who married an Ashkenazi Israeli- this was a story I was all too familiar with; a familiarity not by exposure but by experience.

Whereas, over the border and across the sea, America has heard Friedman’s story of diversity for generations, Israel is still becoming familiar with this narrative. By no means do I mean to convey that because in America the story is heard that it is accepted and internalized- I only mean that it is there that there is the exposure and familiarity. As Friedman spoke about her mixed race children handling the innocence of childhood and the ignorance of adults, and agave accounts of situations they faced, I relived my own childhood memories of confusion colored by pride. Continue reading “Israel Reflections 2017–Race and Diversity”