Fertility and family policy

1. Fertility and family policy For Monday: Mead, Roberts

2. Review from Monday • How is the liberalism of “bodily integrity” (LBI) similar to and different from standard accounts of political liberalism? • What are a “standard” feminist defenses of liberalism? Standard criticisms, especially of the liberalism of equality versus difference? (LEvD) • How does LBI shift the focus from LEvD? Is this a good shift?

3. Review from Monday • What does Prof. Sanders say LBI shares with radical feminism? Do you agree with her? • What are some examples of American policy domains where liberal feminist arguments have applied? Are these applications examples of LBI or LEvD?

4. In General Electric v. Gilbert (1976), the Supreme Court a. required companies to extend health insurance coverage to unmarried domestic partners b. established a constitutional right to contraceptive coverage c. ruled that a health insurance policy distinguishing between pregnant and non-pregnant persons is not sex discrimination against women

5. The Equal Pay Act of 1963 • guarantees federal and state employees equal pay for comparable work • guarantees that men and women will be paid equally for doing the same job • outlawed pregnancy discrimination

6. Compared to other countries, family leave policy in the US • is extremely generous, offering 100% compensation through social security to offset a loss of earnings • is about average, compensating employees for a little over half of their lost wages • requires only that employers provide up to 12 weeks of unpaid leave

7. According to Census data, the traditional patriarchal family model of a male breadwinner and a stay at home mom characterizes a. about 4/5 of US households b. about 3/5 of US households c. less than ½ of US households d. less than ¼ of US households

8. Links

9. Today’s outline • Kerry: no gender gap! • Men’s occupations • FMLA 1993 • Fetal protection

10. Kerry in trouble

11. Men’s occupations, 2000 • Driver/sales workers & truck drivers (4.2%) • First-line supervisors/managers of retail sales workers • Retail salespersons • Laborers and movers • Carpenters • Janitors/cleaners

12. Family and Medical Leave Act, 1993 Up to 12 weeks of unpaid leave in any 12 month period for: • Birth and care of a child • Adoption or placement of a foster child • Care of spouse, child, parent with serious health condition • Serious health condition of the employee

13. Family leave in the states • FMLA mandates unpaid leave • Some states allow paid benefits, through temporary disability insurance or sick leave • Some states require government employers to pay sick leave • Some states are considering bills using UI • Public opinion strongly supports paid leave • California is the first state law to require employee contributions to a disability fund

14. Forms of fetal protection • Compelled medical treatment • Angela Carder • Drug and alcohol use • Workplace exclusions

15. Fetal Rights • South Carolina taking the lead in prosecutions • Some argue that fetal protection laws are punitive and counter-productive • Supreme Court seems to agree • SCHIP regulations

16. Does liberalism advance women’s rights? • Liberalism “harder” to apply when it • challenges men’s monopolies on powerful social, economic, political roles • challenges conventional (“natural”) domestic, sexual relations within private domains • exposes the degree to which neutral roles are in fact designed to fit men

17. Family and feminist inquiry • Liberalism treats family as • non-conventional (not man-made) • Natural • Apolitical • Feminism treats family as political • Family division of labor not natural • Justice in family affects justice outside of it • Power obtains in private as well as political life

18. LIBERAL VALUES Equality paramount Choice Citizens Secular Differences are contingent FAMILY VALUES Hierarchy necessary Responsibility Moms & Dads Religious Differences are natural, real Gender & American values