Showing posts with label Marriage. Show all posts
Showing posts with label Marriage. Show all posts

Sunday, March 17, 2024

If you wonder what is giving rise to the strong populist/Christian Nationalist/Naotional Conservatism reaction in some quarters . . .

 it's complete crap like this:

Theorizing White heteropatriarchal supremacy, marriage fundamentalism, and the mechanisms that maintain family inequality

The abstract:

Abstract

In this article, I draw upon critical feminist and intersectional frameworks to delineate an overarching orientation to structural oppression and unequal power relations that advantages White heteropatriarchal nuclear families (WHNFs) and marginalizes others as a function of family structure and relationship status. Specifically, I theorize that marriage fundamentalism, like structural racism, is a key structuring element of White heteropatriarchal supremacy. Marriage fundamentalism can be understood as an ideological and cultural phenomenon, where adherents espouse the superiority of the two-parent married family. But it is also a hidden or unacknowledged structural mechanism of White heteropatriarchal family supremacy that is essential to the reproduction and maintenance of family inequality in the United States. Through several examples, I demonstrate how—since colonization—marriage fundamentalism has been instantiated through laws, policies, and practices to unduly advantage WHNFs while simultaneously marginalizing Black, Indigenous, immigrant, mother-headed, and lesbian, gay, bisexual, transgender, queer/questioning (LGBTQ+) families, among others. I conclude with a call for family scientists to further interrogate how marriage fundamentalism reproduces family inequality in American family life and to work toward its dismantling. A deeper understanding of how these complex and often covert mechanisms of structural oppression operate in family life is needed to disrupt these mechanisms and advance family equality and justice.

Marriage is a human universal.  It's not "white", and indeed "white" doesn't really exist either.  When people say "white" they mean Western European culture, maybe, or maybe they mean American European culture. Or maybe they just don't know what they mean and are in fact simply reinforcing the language invented for the more recent form of slavery that existed in North American until 1865.

Anyway you look at it, when you wonder why people go in and vote for Trump, well, stuff like this has an awful lot to do with it.


Thursday, February 29, 2024

Leap Day

Pope Gregory XIII, 1502 – 1585

Which is notable mostly because it simply is. We only get them, and don't notice them much, every four years.  Other than teasing people born on the day and miscalculating their actual age, not much will occur.

The added day, of course, come about due to the calendar adjustment that went into effect with the introduction of the Gregorian Calendar in October 1582. The added day was to keep the calendar from getting increasingly inaccurate.  The entire Christian world didn't adopt the new calendar all at once, in part due to the Great Schism and the start of the Protestant Reformation, but over time, it's taken over nearly completely for the entire globe.  About the only remaining use of the prior Julian Calendar is in some parts of the Eastern Orthodox world for their liturgical calendar, and even that is no longer universally true.

Pope Gregory actually met with a lot of opposition to the new calendar, FWIW.  Members of the general public were really upset at first.  Spain, Portugal, Poland-Lithuania and the Italian states nonetheless adopted it nearly immediately.  France, some of the Dutch Republic, and the Catholic states of the Holy Roman Empire and Swiss Confederation did in 1587.

Denmark and Norway, then one state, and the rest of the Dutch Republic didn't fall into line until 1700-1701, by which time the Julian Calendar was seriously out of whack.  The UK didn't adopt it until 1752.  Sweden came around in 1753.

You would think a day as odd as Leap Day would be associated with some interesting customs, and it actually is, or more accurately was.  In Wyoming, there once was a custom of appointing a teenager to be Governor for the day, honorific of course.  I don't think that occurs anymore, but I guess we'll see today.  If this does occur, I have not taken note of it recently.   Wyoming Public Media reported it has having occured as recently as 1940, FWIW.

One political thing that does happen is the U.S. Presidential Election.  It's always in a Leap Year. . . so we get to enjoy one more extra day of campaigning.

A tradition in the English-speaking world is that women can propose to men on this day, which, in some versions of the custom, extends to the whole year. This tradition was surprisingly wide spread in societies speaking English, and is attributed by some to the Irish Saint, St. Brigid, who predates the Gregorian Calendar by quite some measure.   She died in 525.

Anyhow, supposedly she licensed women to propose to men every four years, which is likely just a story.

"Taking" a person, then, was a much more serious matter, even though it should be equally serious now.

Even when I was a kid, however, there remained the odd custom, apparently limited to English-speaking countries as noted, that in Leap Years girls could "ask out" a boy, it being implicit that otherwise that was a right/burden that fell to males.  It still, in fact, largely does.  This appears to have been the remnant of a custom in English-speaking countries, no doubt only lightly observed, that on Leap Day, this day, women could propose marriage to men, that also being a prerogative which then, and largely now, was reserved to men by custom.

Frankly, this is vaguely threatening.

How much of a deal this really was, I don't know, but it was enough of one that late in the 19th Century and early in the 20th Century it generated cartoons, not all of which were kind, and it generated cards, most of which were, although more than a few of them were somewhat aggressive. The cards suggest that women were using them, so in fact some women did avail themselves of the licensed role reversal and propose.

Less threatening.

As odd as this may seem now, it may have made some sense at the time.  Another thread we have in draft deals with the economics, in part, of marriage in the age, but things were, quite frankly, tighter.  As that thread reveals, a lot more men went through life unmarried than do now, and far more than we might suspect.  More than a little of that was probably economic hesitation.  For women, however, unlike men, being unmarried was a societal strike against them and often a personal lifelong disaster.  If they were waiting for a proposal, this was a societally licensed way to deliver it.



Whatever was going on with this, it seems to have flat out ended in its original form right about the era of the cards we see here.  What happened?


I don't know, but what I suspect is that World War One dramatically altered the marriage landscape.  Indeed, we dealt with this briefly in regard to Catherinettes;

In France, for St. Catherine's saint's day, the Catherinettes were out on the streets:




From John Blackwell's Twitter feed on the topic.

We noted this custom in 2020:

The day is also St. Catherine's Day,, the feast day for that saint, which at the time was still celebrated in France as a day for unmarried women who had obtained twenty-five years of age.  Such women were known as Catherinettes. Women in general were committed since the Middle Ages to the protection of St. Catherine and on this day large crowds of unmarried 25 year old women wearing hats to mark their 25th year would gather for a celebration of sorts, where well wishers would wish them a speedy end to their single status. The custom remained strong at least until the 1930s but has since died out.


This of course is from a different culture yet, the French, but it addresses the same topic, with the French taking it up annually, and more cheerfully it looks like.

This custom apparently has largely died, but interestingly milliners are trying to revive it, as it was associated with outlandish hats.  Having said that, French single women over 25 were still out on the streets with wild costumes and hats in honor of the day, whereas the somewhat maudlin English Leap Day cards don't seem to have made it past World War one.  It's hard not to draw that line in the case of the Leap Day cards.  1916 was a Leap Year, and then 1920.  By 1920 there were a lot of single women in English-speaking countries (and in France too) who were going to be single for life, the war having made that a fact.

Before we leave this topic, it's interesting to note that in Medieval Times, after the introduction of the Gregorian Calendar, in some European countries this was Bachelor's Day for the same reason. I.e., Bachelors were subject to proposals.  It actually was a matter of law in some countries.  In some places it became the custom for men of means to be required to buy any suitor whose proposal he turned down twelve pairs of gloves so that she could hide her embarrassment at not having an engagement ring.

While on this, FWIW, as we've noted before, while spinster status was regarded as a disaster earl in the 20th Century, what exactly constituted it is misunderstood. As we have noted in another thread:





That deals with the averages, of course.  Looking at my own grandparents, I think one set was married in their late 20s or early 30s, while another in their early 20s.  My parents were in their 30s.

Related Threads:

Of interest, I note that some other blogs we link into this site also noted Leap Day or Leap Year, with some noting the same items we noted above.

Leap Year



Shockingly young! Surprisingly old! Too young, too old! Well, nothing much actually changing at all. . . Marriage ages then. . . and now. . and what does it all mean?

Wednesday, February 28, 2024

Some recent bios and what they tell us about the realatively recent past.



In the last week or so, we've posted a series of threads that dealt with various personalities.  In setting them out, it occured to me how some of them actually reach back to the supposed purpose of this blog, which is:

Lex Anteinternet?





Well, in reality, that broadened out pretty rapidly to taking into account looking at everything in this era in trying to get a grasp on it.  Since then, it's certainly broadened out enormously, probably much too much.

Anyhow, some recent items help illuminate some of the things of this era, and the one immediately after it.  Indeed, as we'll discuss, one of them helps actually define, maybe, how to property define certain eras.

The items we looked at which brings this to mind are the story of Maj. Gale "Buck" Cleven, that of Dick Proenekke, and also Lee Marvin, and the work of the Southern Agrarians, and that of Filippo Tommaso Marinetti.

Quite a varied set, I'll admit.

Let's start with Dr. Gale Cleven, which is how most people who knew him, knew him as, the latter part of his life.


I'd never heard of Dr. Cleven until I started Watching Masters of the Air.  The show references him as being from Casper Wyoming, and that caused me to research him further.  As noted on the entry on him, he was born in Lemmon, South Dakota, but came with his family to the oil town of Lusk when he was just a very small boy.  From there he moved to Casper, at some point.

What I could find on him notes that he worked as a roughneck as a young man, while going to college to study geology.  I did both of those things also, and also simultaneously, giving me an odd occupational connection with him, although one that's not all that uncommon around here.  I did find that a little startling, however.

What all that does, however, is to show the very long-lasting economic feature of Wyoming as being an oil and gas province, something that is still the case, but waning.  It remains a strong aspect of the state's economy, however.  This has been the case since, as we explored earlier, at least 1917, although things were headed that way earlier.  It's interesting, looking back, to realize how many of us in The Cowboy State, have worked in oil and gas in some fashion.  Given the economic reach of the industry, darned near everyone at one time.

Something else that really had the reach was the newspaper, in the form of The Society Page.  I was able to track Gale Cleven, as he would then have been known, joining a fraternity and going to UW dances.  I could even track who he was casually dating.

That's odd.

Society columns in newspapers were common at least into the 1950s, and even beyond that. They reported all sorts of snoopy stuff.  I've found, for example, my grandfather mentioned in The Denver Post because his sister was visiting, this in the 1930s.  Another sister of his visited somebody in Denver in the 1920s.  Whose business was that?

They also reported on when people went on vacations, even extended vacations, which is a horrible thought.

I guess it shows, to an extent, the concept of privacy, which the Internet has eroded, is a modern thing.  In the newspapers of the 20s divorces made front page news, births were mentioned, as they are now, scandals were reported, and where you were going, with whom, was as well.

People were keeping track of things and didn't need an iPhone to do it.  No wonder people all subscribed to the paper.

This item also pointed out what a small world Wyoming was and is.  Cleven, whom I had not heard of previously, took a relative by marriage to a dance.  She was from a ranch family that owned a ranch that I later owned a piece of.  She married a rancher who left his name on a prominent local feature.  One of her brothers-in-law was the best friend of one of my old, now long gone, partners.  That fellow was killed in World War Two.  My partner was a crewman on a B-24.

In the small world item also is the thought that I, my father, my wife, and my children all walked the same high school halls, and have driven on the same streets as this fellow.  

And that fame, to the extent fame is involved here, if fleeting.  I'd never heard of him in spite of his remarkable wartime service.  Nothing is named for him here.

Another thing, and one that cuts a bit against something I've noted here in the past.

As I've noted, for at least some Americans, going to university was really a post World War Two thing. That's widely known.  Less well known is that Catholics didn't go to university for the most part until after the war (and I don't know what religion Cleven was).  

Cleven's story shows that this was already changing before the war, however.  Cleven didn't come from a wealthy family, and his parents clearly weren't college educated.  But there he was, at UW, before the war.  

University education was reaching down to the Middle Class, even though we were still in an era when less than 50% of American males graduated from high school

Indeed, while its jumping ahead, the story of Richard Proenneke demonstrated that.  He dropped out of high school as it didn't interest him but went on to, at first, as successful blue collar career.  He seems to have actually retired in his 50s.

Back to Cleven, he had what looks to be the start of a pretty conventional, Wyoming, advanced education before the war, and then went on to an extraordinary one due to the war in no small part.  That demonstrates the manner in which World War Two altered all of society massively.

We'll get back to that.

Finally, in regard to Cleven, his story also demonstrates the ongoing impact of disease in that era.  His young wife was killed by polio.

The polio vaccine didn't come out until 1955, two years after her death.  Somewhat associated with children now, polio in fact struck adults as well.  It was highly contagious and it often killed rapidly.  People went form well in the morning to dead by the end of the day.   And the deaths weren't pleasant. That appears to be basically what happened to her.

Polio, like Small Pox, and Measles are all preventable by vaccines.  So is Covid.  Not until recently, in the post Reagan post Scientific era, have Americans lost their faith in these lifesavers.  

And that is, quite frankly, stupid.

Let's look at Proenekke.


I really think Proennekke's story has been misconstrued, now that I've looked at it.  He tends to be viewed as somebody who turned his back on the modern world and moved to the Alaskan outback.  In reality, however, he's a guy who lived his whole life as a single man and retired young, then moved, in retirement, to the outback.

It's a bit different.

Proennekke's life brings to mind two items of social change, both of which are increasing rare and difficult for "moderns", or "post moderns", if you prefer to understand.  One is the existence of lifelong bachelors with nothing else being assumed about that status, and the other is the true jack of all trades.

We'll take the bachelorhood story, which we've dealt with before in another context, first.

Supposedly today 30.4% of men never marry, more or less (that's a 2010 figure) and 23% of women.  In 1900 that figure was 38.8% and 29.7% respectively, but that doesn't mean the same thing at all.  We've already seen that prior to the mid 20th Century, in many places "living together" was a crime, and in others that would have resulted in a common law marriage.  So those figures really reflect people who lived lives alone

The percentages dropped for every decade of the 20th Century, until the 80s, when they started hovering right around 30% consistently, never going back up to the 1900 38.8% for men.  For what it is worth, for women they dropped to an all-time low for the 1960s, of 17.3%, and the went up to about 23% where they've remained.  Realistically, however, the current 30% and 23% are probably significantly lower, if we take into account situations where couples exist but without the formal benefit of marriage.

And that's significant in multiple ways.

Currently, nearly any male in the "never married" category without some sort of female "significant other" will flat out be assumed to be homosexual once they get much past 30 years of age.  Many people will even assume that Catholic clerics must be homosexual, as they are required to be celibates.  The pressure is so high on unmarried males to declare, in some fashion or another, at the present time, that its actually proven to be a problem for recruiting Catholic Priests as some who have expressed a latent desire to do so have already married due to pressure, or have gone down the secularly pressured road of girlfriend and actions that used to wait until marriage to the extent that they really cannot get back from it.  For that matter, single men past a certain age are not only assumed to be homosexual, but are often societally pressured, in some areas, to be one in order to explain their status.  The thought that somebody could function, more or less alone, but with normal inclinations, just doesn't exist anymore.  The thought that anyone, and indeed anyone who isn't a cleric, could function in a single celibate way is almost regarded as making that person a raving deviant.

It was quite common, however, at one time.  Indeed, there are at least four movies that touch on the topic, all of which might be a little hard for people to grasp now, but which showed that this was a normal frame of reference for viewing audiences at one time, with those files being Marty (1955), The Apartment (1960) Only The Lonely (1991) and Brooklyn (2015).  The evolution of the films shows how this evolved, with the protagonist in Marty being a single male who is assumed by everyone, including his family, will remain one.  Indeed, they wish him to.  In The Apartment it is not assumed that the young executive will marry, even as he develops a deep affection for the female protagonist.  In Only The Lonely the situation is much the same as Marty, but with the mandatory introduction, by that time, of sex into the film.  In Brooklyn the assumption of marriage is much stronger, and indeed becomes a problem during the film.

Truth be known, however, up until at least the 1980s this was a relatively common thing to encounter, and there was no assumption that a single male was attracted to other men by any means.  Usually the single status was regarded as sort of a tragedy, but not one that was a deviation from the norm to much of a degree.  Indeed, I can easily recall several examples of this in adults when I was growing up.

One such individual was a plumber who was well liked and who lived next to my grandmother.  He was a veteran of World War Two and had served almost the entire war in a Japanese POW camp. For that reason, he never turned the lights off in his small house, as they had not done that in the camp.  HE never married.

Also, a tradesman, another person in my father's circle of friends was a fellow who was a plumber and who didn't marry until the 1980s, at which time that was regarded as nearly foolish as he would have been in his very late 50s or perhaps 60s at the time.  His long bachelorhood was not regarded as strange in any fashion, and for much of that time he lived with his mother, inheriting her house after she passed away.

Another example was a friend of my father's who was a mail carrier.  He'd started off before World War Two to become a Protestant minister in his home state of Nebraska, but like so many others, the war interrupted his planned career, and he was an artillery spotter during the war.  When he came back, he did not resume his studies, although he remained devoutly religious.  He dated after the war, at least until the late 1950s, but never found anyone and never married, passing way after my father and after having lived a very long life.  He was one of two postmen who shared a lifelong bachelorhood status, the other one living in a tiny house in North Casper, who when he passed away was a millionaire.

About the only example of this that ever struck me as odd, when I was a boy, were a brother and sister who lived down the block from us. They were both school teachers and never married, and lived into their old ages in a house they jointly owned.  I recall they called my father by a diminutive, the only people who ever did that, which he hated.

They had a Golden Labrador.

Finally, the owner of a men's clothing store here in town was single his whole life.  He was a fanatic UW football fan.

Could any of these people have been closeted homosexuals? Sure, but it certainly wasn't assumed so.  Indeed, it was just regarded as the fate they'd fallen into and a bit sad.  Most of them had something that was a bit quirky about their characters, and the majority of them were tradesmen or blue collar workers, although not all were. That might tell us something there.

Prior to the Second World War, there were entire occupations that tended to be dominated by single men.  Most of those occupations involved hard labor in some fashion.  By the 1920s ranch hands, for example, were single men, and they often spent their entire careers in relatively low paying jobs that precluded them from ever marrying.  The few places that actually have hired cowhands today, if you find a career one, replicate this.  Enlisted men in the Army had always been single in US history unless they advanced to more senior Non Commissioned Officer status.  Well after World War Two, enlisted men frequently required permission to marry from their commanding officers, and before World War Two they routinely did. Wartime was the exception, as married men were brought into the service during war.  Even junior officers were not usually married.

This somewhat reflects, therefore, the harder working conditions and lower incomes in society overall.  Being married took enough of a male's income to make it work, as women often were not employed and typically were not employed once they started having children.  Hired hand status on farms and ranches, and enlisted status in the service, precluded marriage as a result.  The long working hours in some instances, and griminess of manual labor, also worked against marriage for a certain percentage of men as hypergyny didn't favor it, if other options were available.

Indeed, this also helps explain the occupations that the actually closeted went into, as has been discussed before.  Generally occupations that paid better, or steadily, and perhaps which weren't grimy in comparison to others, also favored marriage.  Occupations that were essentially white collar in a way, that didn't favor marriage were very few and far between.

The other thing Proennekke's story brings up is the successful jack of all trades.  His father was one, and he seems to have been as well.  Men with really good mechanical skills who could go from one setting to another were pretty common, and indeed they were at least up until the 1990s.  "He's good with his hands" was a compliment that was often paid to somebody who could act as a universal skilled laborer.  

I'm sure that these guys still exist, but not nearly in the numbers they once did.  I really can't recall meeting one recently, except for older ranchers who are that way by default.  Indeed, everyone I knew of a certain age who had grown up on a farm or ranch was like this.  I was actually surprised as an adult to meet younger ranchers who didn't have those skills, although plenty of them still do.



Finally, there's the modern aspect of strongly pigeonholing, indeed even limiting, people by their perceived disabilities, many of them mild.

The item on Lee Marvin notes that he was afflicted with ADHD, which may in part account for his somewhat wild nature, his early failings at school, and his strong affinity for alcohol.  Or maybe not.  At any rate, he was enormously successful at his trade, acting, and he would never have known he was ADHD, if he was.

This is true of all sorts of things like this. Dyslexia, which I have in a mild form, also afflicted such people as George S. Patton.  Not knowing what it was, you didn't really worry about it, and carried on.  

It's not that these things should be ignored, but I worry that our appreciation of them may not be really well-founded in biology, and certainly evolutionary biology.  Dyslexia, some now claim, is not a neurological disorder or an impairment, but a concession for cognitive strengths in exploration, big-picture thinking, creativity, and problem-solving, so its a byproduct of generally positive aspects.  ADHD, which occurs strongly in some human populations, is now suspected to be an evolutionary trait favored evolutionary people, which makes lots of sense, and which frankly is something that we earlier realized when we called people polymaths and autodidacts.  In contrast, the large occurrence of anxiety in our modern populations reflects an evolutionary need to be careful and alert, made problematic as our modern cubicle lifestyle sucks.

Sunday, February 18, 2024

Legislatures. Back to the future and other diversions?

A scene from the early 1970s Wyoming legislatures at the Hitching Post?  See below.

Former Wyoming Legislator Tom Lubnau, who was truly one of the great ones in the old school Wyoming way, has taken up writing columns for The Cowboy State Daily. That's to the CSD's credit and shows its effort to become a real electronic journal, something that's impressive considering it was set up as a right wing organ.  Lubnau is a conservative Wyoming Republican, but a conservative Wyoming Republican, something that's becoming increasingly rare.  

Or maybe not.

He's not afraid of poking at the wolverine.

He recently wrote this interesting item:

Tom Lubnau: Legislating Private Parts Is Popular This Legislative Session

This op ed is written from the point of view that virtually defined Wyoming Republicans for my whole adult life, up until the Obama/Trump Era, when things began to get really radical in the legislature.

His article is illuminating and I'm linking it in for several reasons.

One of those is that Lubnau give a really nice discussion of the law as it used to be, on some of the same topics that I addressed here:

Until Death Do Us Part. Divorce and Related Domestic Law. Late 19th/Early 20th Century, Mid 20th Century, Late 20th/Early 21st Century. An example of the old law, and the old customs, being infinately superior to the current ones and a call to return to them.


I note this, in particular, from his article:

I guess in thinking about it, I came of age in the Disco Era and that's the law I'm familiar with.  Lubnau is right, the GOP in this state, from the 70s on, really didn't care what you were doing, with whom, behind closed doors, as long as you kept your business to yourself, and it also didn't really care if your marriages broke up, etc., as a result of it, or anything else.  I'd assumed it had long been that way, but as Lubnau's quote from the Wyoming Compiled Statutes, 1910, shows, that's not the case.

I looked it up in the actual 1910 Code, and Lubnau was a little off.  He must have been reading the 1970s vintage codification, or miscited it.  The provison, and those otherwise cited in this thread, were still there in 1957, the last version of the by then much expanded Wyoming statutes I had handy, and they were almost certainly there up until the early 1970s.  In 1910, it was a different statutory section that the cited number (and the number was different in 1957), but here, right from the 1910 book, is what it states.


This is in a section of the statutes on offenses to public morality, and in looking at it, I found that something else I had thought to be illegal, but couldn't later fine, was in fact illegal, that being cohabitation without being married.


So, in my earlier statement that I had thought it was illegal, was in fact correct.  It was illegal.

Seduction of minors, keeping in mind that the age of majority, was a crime, but not quite in the fashion modern statutes provide for it, which would now be a species of rape. At the time, seduction of underage women, at least "older" ones, was a misdemeanor, although this raises interesting questions given that women could clearly marry at 18, or younger, at the time. This relates back to the earlier discussion we had, in the threat noted above, regarding Seduction at law.


At the same time, however, Section 5803 of the 1910 Code provide that rape, conventionally defined, was a felony, as well as having carnal knowledge of a female under age 18.  The dual age of majority, long a feature of Wyoming's law, was apparently already there.  Particularly notable, however, is that the law didn't distinguish between rape and statutory rape, they were the same.

It did distinguish between male and female.  A man could not be a victim of rape under the statute, although that would have constituted assault in any event.

Lubnau goes on in his article to comment:
It seems, now, there is a trend to sponsor legislation to invite the State of Wyoming back into the bedroom.

One has to wonder if regulating bedroom conduct is the pressing issue of the day, or if there is some other motive such as creating a campaign issue for the election season, that is driving the legislation.  In other words, how many people do you meet every day whose biggest concern is lack of regulation of private parts? 
Following that, he takes a look at HB 50 (What is a Woman Act) HB 68 repealing the obscenity exception for school, college, university, museum or public library activities or in the course of employment of such an organization, HB 88 making it illegal to “publicly communicate” obscene material, Democratic HB 76, making it illegal to interfere with a woman’s right to an abortion if the fetus is not viable*, or in cases of rape, incest or threat to the life of the mother., HB 137 requiring a pregnant mother to receive an ultrasound prior to receiving a chemical abortion “in order to provide the pregnant woman the opportunity to view the active ultrasound of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible.”

And that's probably not all of these.

They all did fail, fwiw, most failing to secure introduction.  The reasons vary, including procedural, but it might actually show that more of the old style, post mid 1970s Republicans remain in the legislature than might be supposed.  For that matter, however, it might also show that a lot of the populist legislators everywhere, at the state and Federal level, aren't hugely familiar with the legislative process.  In Wyoming trying to advance a bunch of these bills in a budget session, after declaring that you had the strength to advance them, was likely a mistake.

The obscenity one is interesting, as the 1910 Code had a section on that, providing:


The failed proposed statues state:
HOUSE BILL NO. HB0068

Obscenity-impartial conformance.

Sponsored by: Representative(s) Hornok, Angelos, Bear, Neiman, Ottman, Pendergraft, Penn, Rodriguez-Williams, Strock, Trujillo and Ward and Senator(s) Ide

A BILL

for

AN ACT relating to crimes and offenses; repealing an exception to the crime of promoting obscenity regarding possessing obscene materials for specified bona fide educational purposes; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 6-4-302(c)(ii) is repealed.

Section 2.  This act is effective July 1, 2025.

And:

HOUSE BILL NO. HB0088

Public display of obscene material.

Sponsored by: Representative(s) Ottman, Davis, Hornok, Penn and Strock

A BILL

for

AN ACT relating to crimes and offenses; prohibiting public communication of obscene material; providing a definition; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 6‑4‑301(a) by creating a new paragraph (vi) and 6‑4‑302(a)(iii) are amended to read:

6‑4‑301.  Definitions.

(a)  As used in this article:

(vi)  "Publicly communicate" means to display, post, exhibit, give away or vocalize material in such a way that the material may be readily and distinctly perceived by the public at large by normal unaided vision or hearing.

6‑4‑302.  Promoting obscenity; penalties.

(a)  A person commits the crime of promoting obscenity if he:

(iii)  Knowingly disseminates or publicly communicates obscene material.

Section 2.  This act is effective July 1, 2024.

The abortion bills, of which we have now had a variety, are interesting too, as I ran across the original 1910 statutes on that, which may well have been modified before 1973 (I don't know). Abortion was still illegal in 1973, I just don't know if the exact same text remained until then. In 1910, the law provided:
§ 5808. Attempted miscarriage. 
Whoever prescribes or administers to any pregnant woman, or to any woman whom he supposes to be preg- nant , any drug , medicine , or substance whatever, with intent thereby to procure a miscarriage of such woman ; or with like intent uses any instrument or means whatever, unless such miscarriage is necessary to preserve her life, shall if the woman miscarries or dies in consequence thereof , be imprisoned in the penitentiary not more than fourteen years .
§ 5809. Woman soliciting miscarriage . Every woman who shall so- licit of any person any medicine , drug or substance or thing whatever , and shall take the same , or shall submit to any operation or other means whatever , with intent thereby to procure a miscarriage (except when necessary for the purpose of saving the life of the mother or child), shall be fined not more than five hundred dollars and imprisoned in the county jail not more than six months ; and any person who , in any manner whatever, unlawfully aids or assists any such woman to a violation of this section , shall be liable to the same penalty.
I'm not going to comment on any of these, but I'm only noting that this provides a really interesting example of the evolution of the Legislature, and for that matter a Western legislature that's been Republican controlled the entire time. Republicans of the 70s and 80s would have a hard time recognizing the party today if they hadn't been there for the evolution.  I suppose that's true of the Democrats then and now as well.

I'm also noting it as I earlier quixotically argued that the heart balm statutes and accompanying provisions ought to be restored.  Lubnau has gotten into the weeks and found one of the statutes of that era that I didn't address, §7206 of the 1910 code.

Going back to that code, a fair amount of it would be unconstitutional today, as the United States Supreme Court had found that the sodomy provisions are contrary to some vague unwritten stuff in the penumbra of the Constitution having to do with privacy.  "Privacy" doesn't actually appear in the text of the Constitution.  The last crime noted, and the one about animals, is probably still capable of being illegal, and actually the last one, which would have to do with adults in relation to minors is probably actually still illegal elsewhere.  To some degree, with this statute, you have to read between the lines, but to some extent you do not.  The law basically criminalized anything contrary to nature, and it was pretty clear that there was an accepted concept of what nature, in this context, meant.  Frankly there still really is, although now, save for minors and "beasts" we license it societally.

The provisions on rape and abortion could probably have just been left alone, keeping in mind that abortion was legalized under Roe, and then taken back to the state under Dodd's.  Had that been all left untouched, the law would arguably have been clearer now than it is.  Interestingly, the statute drafters of that era tended to use an economy of words which tended to make their intent quite clear.

What about the statutes pertaining to "heart balm" and, well, sex?

Today's legislature of the Freedom Caucus variety, all over the country, clearly looks backwards to restoring society to what they imagine it was. This actually shows what it was.  And not just that, but the statutes regarding divorce as well.

Let's look once more.


"Shacking up" was illegal.  Given the present state of Constitutional Law, I doubt it could be made illegal (I'm quite certain it couldn't be).  Would the social warriors be game for trying?

This concept, quite frankly, underpins everyone other one regarding marriage.  It was designed to prevent what the 1910 statues called "bastardy" and the burden it created on society, and it grasped what marriage really was.  For that reason, quite frankly, I'd be for its return (although as stated, I don't think it can be under the current interpretation of the Constitution.  Those populist right-wingers who would not go that far, probably ought to reconsider their positions on things

Those who would be horrified by such a proposal, and frankly that's probably most people now, ought to reconsider their support for populism, if they are populists.

And then there is this:


Would the legislature of today go that far?  Again, this is clearly unconstitutional under the current law, and it would in fact outlaw homosexual conduct, as well as a bunch of non-homosexual conduct.  Presumably no modern legislature would be comfortable with what the pre 1970s Wyoming legislature, and pre 1970s Wyoming society, was in this era.  Probably nobody ought to be, as this is really invasive.

What about divorce, the subject that the other thread was sort of on, and this one sort of is on as well, and which again gets to the heart of the topic.

Ealier in the state's history, the legislature barred remarriage within a year, which is signficant if we consider that cohabitation without being married was flat out illegal.  The 1910 statutes provide:
§ 3951. Remarriage prohibited within one year . 
During the period of one year from the granting of a decree of divorce , neither party thereto shall be permitted to remarry to any other person . Any person violating the provisions of this section shall be deemed guilty of a mis- demeanor , and shall be fined in any sum not less than twenty - five dollars nor more than one hundred dollars , or be imprisoned in the county jail not exceeding three months , in the discretion of the court.
Frankly, I'd think this a worthwhile provision and it likewise, like the staute on cohabitation, ought to be restored.

Going from there, I'd note that in 1910 the statutes on dissolving marriages started off iwth annullement, which is now an afterthough in the statutes.  It wasn't theen, and was relatively extenisvely addressed, indicaditng that hte drafteres thought that a more likely event, potentially, then divorce.

Divorce required cause, those being:
§ 3924. Causes for divorce . 

A divorce from the bonds of matrimony may be decreed by the district court of the county where the parties , or one of them reside , on the application of the aggrieved party by petition , in either of the following.cases : 
First - When adultery has been committed by any husband or wife . 
Second - When one of the parties was physically incompetent at the time of the marriage , and the same has continued to the time of the divorce . 
Third - When one of the parties has been convicted of a felony and sentenced to imprisonment therefor in any prison , and no pardon granted , after a divorce for that cause, shall restore such party to his or her conjugal rights . 
Fourth - When either party has wilfully deserted the other for the term of one year . 
Fifth - When the husband or wife shall have become an habitual drunkard . 
Sixth - When one of the parties has been guilty of extreme cruelty to the other . 
Seventh - When the husband for the period of one year , has negected to provide the common necessaries of life , when such neglect is not the result of poverty, on the part of the husband, which he could not avoid by ordinary industry . 
Eighth - When either party shall offer such indignities to the other , as shall render his or her condition intolerable . 
Ninth - When the husband shall be guilty of such conduct as to constitute him a vagrant within the meaning of the law respecting vag- rancy . 
Tenth - When prior to the contract of marriage or the solemnization thereof, either party shall have been convicted of a felony or infamous crime in any state , territory or county without knowledge on the part of the other party of such fact at the time of such marriage . Eleventh - When the intended wife at the time of contracting mariage, or at the time of the solemnization thereof shall have been pregnant by any other man than her intended husband and without his knowledge at the time of such solemnization . [ R. S. 1887 , § 1571 ; R. S. 1899 , § 2988. ] 

 Evidence was required:

§ 3947. Corroborating evidence required . 

No decree of divorce, and of the nullity of a marriage, shall be made solely on the declara- tions , confessions or admissions of the parties , but the court shall in all cases require other evidence in its nature corroborative of such declarations , concessions or admissions . [ R. S. 1887 , § 1597 ; R. S. 1899 , § 3011. ] 

§ 3948. Proof of adultery insufficient when . 

In any action brought for divorce on the ground of adultery , although the fact of adultery be established , the court may deny a divorce in the following cases: 

First - When the offense shall appear to have been committed by the procurement , or with the connivance of the plaintiff . 

Second - When the offense charged shall have been forgiven by the injured party and such forgiveness shall be proved by express proof , or by the voluntary cohabitation of the parties with the knowledge of the offense . 

Third - When there shall have been no express forgiveness and no voluntary cohabitation of the parties but the action shall not have been brought within three years after discovery by the plaintiff of the of fense charged . [ R. S. 1887 , § 1598 ; R. S. 1899 , § 3012. ] 

Provisions were provided for to restrain and examine the husband during divorce proceedings, but not the wives.

Again, the old law here would work, or at least it would with modification. Would anyone be bold enough to suggest it be restored.

I doubt it, and therein lies an element of built in hypocrisy of the modern populist social warrior.  To really get at the core of this, you have to get to the core of it.  But hardly anyone is willing to even contemplate what that means.

Lubnau has pointed out that, at one time, the laws were much more restrictive in conservative Wyoming.  In the 1970s, the Republican Party, not the Democrats, radically liberalized them.  But not only did the US become much more liberal, all society did as well, for good or ill (probably mostly for ill).  Many of those who carry the banner for a return to what they regard as having been great aren't prepared to go back to what that really meant, but like Dr. Zhivago states in the novel, an operation cutting out corruption, if that's what you are really doing, is a deep operation.  

Put another way, you can't really address these social issues unless you are prepared to go to the very core of them, and that would mean addressing male/female, male/male, female/female "adult" relationships at their core.  The only thing that the populist far right is really willing to do is to address homosexuality in its various expressions. But that's relatively rare, and if you aren't willing to go further, and say that those relationships outside of marriage are wrong, and that you marry once and for life, well then, you really are just pointing fingers.

Our perfunctory favorite couples again.

Footnotes:

* This bill provides an example of  why the Wyoming Democrats go nowhere.  There's no reason for the Democratics here to be the party of death, like they insist on being elsewhere, and bills like this keep moderate Republicans who would cross over from doing so.  This is particularly the case as this bill stands less than 0 chance of being introduced.



Sunday, January 14, 2024

The Obituary

Mira qué bonita era by Julio Romero de Torres, 1895.  Depiction of a wake in Spain.

I didn't have him as a teacher in high school, but I certainly knew of him.1  Somehow or another, I also knew that a student that was in school with us, and who my cousins knew, was not only his daughter, but also one of his students.  Apparently that was awkward. 

I don't do a good job of keeping track of former teachers.  I probably couldn't tell you where a single one of them was, even the ones I really liked, let alone those I only sort of knew by association.  In his case, there was our classmate, whom I also didn't know (she was a couple of years ahead of me), but he was also known to our parents.  Without knowing for sure, in looking at it, I think that must have been because he was from a Catholic family here in town.

My classmate died the year before last.  She was 62.

I read his obituary as he was so well known locally.  And then I recalled there were bits and pieces of his story I'd picked up over the years.

His wife was also a teacher.

Sometime after I left high school, the couple apparently civilly divorced.2   He remarried, and apparently to an apparently significantly younger women whom I take was also a teacher.  According to the obit, they had a child after he retired, who would now be about 31.  He would have been about 56 when she was born.  I can dimly recall my parents and my father's siblings talking about this as well, mostly in a somewhat bemused manner, given the difficulties of raising an infant, in their view, when you are that old.

When my classmate died, her mother was mentioned in the obituary.  Indeed, her obituary characterizes both of her parents as loving, and contains praise of them.

His obituary mentioned both of his daughters by his first marriage, and then goes on about his second.  His wife, the mother of my classmate, isn't mentioned at all.  The obituary is profuse on his latter "marriage", calling that individual, named in the obituary, the "love of his life" amongst other things.

Of course, the dead don't write their obituaries.  If they did, who knows how they'd read?  We might all fear how they'd be penned.  I've read plenty where a "first" and "second" spouse are mentioned.  This one is profuse on his love of one woman that he had children by and which the civil law would regard as his wife, but totally silent as to his wife who was the mother of my classmate. My classmate's obituary mentions her, and kindly, using the Americanism "step" to describe her as her "stepmother", which is polite, but the second "wife" of a divorced person isn't anything, relationship wise, to a child of the "first" marriage at all.3    Children, of a later marriage of any kind are, of course, as they're related by blood, i.e., genetically. Of course, children born out of wedlock to an illicit partner, to which I am in no way comparing this situation other than to note it, are "half" siblings as well.4 

It must be a later child of the second union that wrote the obituary, as it concluded with the funeral details, those being an apparently civil funeral, followed by an "Irish wake", the latter something not really understood by Americans.  A real wake comes before, not after, the ceremony, and the body of the deceased is present. Indeed, the body is key to the wake, and the dead's family and friends do not allow the body to be left alone.  Prayer for the dead is a feature of it, but there is also food and drink and even courting, which in part has to do with the fact that life goes on, but in part because in more natural societies people live much closer to death than they do in our false one.

Everywhere, real wakes have much diminished.5

But then, so has our understanding of, and appreciation of the metaphysical and the existential, and as most people do not dwell deeply on those topics, and the culture has drifted many of those who drift with it bear no fault for having done so.

There's no Irish wakes without prayer, the deceased, and a sense of the next world having stepped into this one.  In our age, however, we expect this world and how we define it to step into the next one.

Requiem aeternam dona eis Domine,

et lux perpetua luceat eis.

Te decet hymnus Deus in Sion,

et tibi reddetur votum in Jerusalem.

Exaudi orationem meam,

ad te omnis caro veniet.

Requiem aeternam dona eis Domine,

et lux perpetua luceat eis.

Kyrie, eleison. Christe, eleison. Kyrie, eleison.6

Footnotes:

1.  In no small part because he was a well put together athletic man who drew hall monitor duty, but didn't seem to care for it much.  Indeed, if you went by him in the hall, when he had it, he didn't bother to ask you where you were going.

2.  I'll admit that this entry disregards the topic of Catholic annulment. Did they obtain one?  No idea.

To add to that, do I know anything whatsoever about the circumstances of their "divorce" and what brought it about, including who brought it about.  No I don't.

3.  The etymology of the prefix "step" goes back to the 8th Century and denoted an orphan.  It was later extended in Old English to connote a remarriage of a widow.

Some "step" parents, it might be noted, particularly in the case of an early death of an actual parent, or an abandonment by one of them, really step up to the plate and become effectively de facto parents.

The Pogues song Body of an American gives a good description of Irish wakes and how they can be.  The movie Road To Perdition, however, gives a very good depiction of a traditional wake, complete with the body iced.

4.  Again, as the fraud of civil divorce is so widely recognized as real in the Western World, I am in no way comparing the children of illicit affairs to the children of later contracted civil marriages.

5.  I've been to a real wake once, for a deceased second cousin, and it was horrific.  My father, who was 1/2 Irish, and 1/2 Westphalian by descent, but whose family did not retain any Irish customs, detested them.

6.       Rest eternal grant unto them, O Lord,

and let light perpetual shine upon them.

Thou art worthy to praised, O God, in Zion,

and to thee shall prayer be offered in Jerusalem.

Hear my prayer,

for to thee shall all flesh come.

Rest eternal grant unto them, O Lord,

and let light perpetual shine upon them.

 Lord, have mercy. Christ, have mercy. Lord, have mercy.