the Law, the Universe, and Everything 

Search

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Yale University Press

ad-logo5.jpg

Our Podcast

Subscribe to Law Talk

Law-Rev-Forum-2.jpg

law-rev-contents2.jpg

Law-Prof-Blog-Census.jpg

Categories

Administrative Announcements
Administrative Law
Admiralty
Advertising
Agricultural Law
Anonymity
Antitrust
Architecture
Articles and Books
Bankruptcy
Behavioral Law and Economics
Bioethics
Blogging
Book Reviews
Capital Punishment
Civil Procedure
Civil Rights
Conferences
Constitutional Law
Consumer Protection Law
Contract Law & Beyond
Corporate Law
Criminal Law
Criminal Procedure
Culture
Current Events
Cyberlaw
DRM
Economic Analysis of Law
Education
Empirical Analysis of Law
Employment Law
Environmental Law
Family Law
Feminism and Gender
First Amendment
Food
Google & Search Engines
Health Law
History of Law
Humor
Immigration
Insurance Law
Intellectual Property
International & Comparative Law
Interviews
Jurisprudence
Law and Humanities
Law and Inequality
Law and Psychology
Law Practice
Law Professor Blogger Census
Law Rev (Boston College)
Law Rev (Boston University)
Law Rev (California)
Law Rev (Chicago)
Law Rev (Columbia)
Law Rev (Cornell)
Law Rev (Duke)
Law Rev (Emory)
Law Rev (Fordham)
Law Rev (Georgetown)
Law Rev (GW)
Law Rev (Harvard)
Law Rev (Illinois)
Law Rev (Indiana)
Law Rev (Michigan)
Law Rev (Minnesota)
Law Rev (Northwestern)
Law Rev (Notre Dame)
Law Rev (NYU)
Law Rev (Penn)
Law Rev (S Cal)
Law Rev (Stanford)
Law Rev (Texas)
Law Rev (UCLA)
Law Rev (Vanderbilt)
Law Rev (Virginia)
Law Rev (Yale)
Law Rev Contents
Law Rev Forum
Law School
Law School (Hiring & Laterals)
Law School (Law Reviews)
Law School (Rankings)
Law School (Scholarship)
Law School (Teaching)
Law Student Discussions
Law Talk
Legal Ethics
Legal Theory
Media Law
Movies & Television
Philosophy of Social Science
Politics
Privacy
Privacy (Consumer Privacy)
Privacy (Electronic Surveillance)
Privacy (Gossip & Shaming)
Privacy (ID Theft)
Privacy (Law Enforcement)
Privacy (Medical)
Privacy (National Security)
Property Law
Race
Religion
Reparations
Science Fiction
Securities
Social Network Websites
Sociology of Law
Supreme Court
Tax
Teaching
Technology
Tort Law
Web 2.0
Weird
Wiki
Wills, Trusts, and Estates

Recent Comments

Dave on A Feminist Gets Married

Philip on A Feminist Gets Married

Lyla on A Feminist Gets Married

Aurelia Loveman on A Feminist Gets Married

SJB on A Feminist Gets Married

DB on A Feminist Gets Married

annegb on A Feminist Gets Married

JKS on A Feminist Gets Married

Liz Longstreth on A Feminist Gets Married

jude on A Feminist Gets Married

Archives

April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
August 2005
July 2005
June 2005

 

« If you're watching television tonight ... | Main | Fat: The Terror Within »

April 18, 2006

A Feminist Gets Married

posted by Michelle Anderson

I got hitched Saturday. Beforehand, I had been sheepish about telling my students I was getting married. It seemed inconsistent with my professional persona as an independent, fearless, freedom-fighting law professor. So I waited until the last possible minute to mention it. “OK, I have a quick announcement,” I began a recent Criminal Law class. “I do apologize, but I have to cancel next Thursday’s class because… um… well… my partner and I have decided to get married.” My students then began to clap. Gads, this was worse than I'd imagined it would be. The applause grew.

“No, no—please don’t clap. This is a truly freakish event that was never supposed to happen to someone like me.” Applause turned to laughter. Now I’d gotten myself in a fix.

Gavin had faced none of this angst. He had told his journalism students months ago, and he’d enjoyed their applause, while I skulked around my school as if I had a dirty little secret.

I’ve critiqued the institution of marriage for as long as I can remember. Heterosexist. Patriarchal. The usual list of sins. The unit on marriage in my Feminist Legal Theory class begins with the English common law of coverture in which a female’s legal existence is erased by its merger into her husband’s at marriage.

So what’s a self-respecting feminist to do when she decides that a public commitment to her sweetheart is the next step in her spiritual and emotional growth? What happens when she loves someone in a way that—despite societal evidence—burbles with the hope of lasting a lifetime?

No new last name. No veil. No white dress. No “love, honor, and obey.” No father “giving the bride away.” No throwing the bouquet. No garter—goddess, no garter toss. No bachelor party. No church. No dieting for the big day. No pronouncement of “man and wife.” No updo, no French manicure. And no wife.

I told Gavin, “OK, look, if we get married, I will not be your wife. I never want you to refer to me as your ‘wife.’ I’m serious.”

He was a bit taken aback. “Why?”

“Let’s look up the etymology of the word.” 2002 AMERICAN HERITAGE COLLEGE DICTIONARY. “ME wif < OE wif. See ghwibh- in App.” So we looked up the root word “ghwibh-” in the appendix: “Shame, also pudenda.”

No joke.

Then we looked up “husband” and followed its root (“bheue”) into the appendix. “To be, exist, grow.” So he gets to be, exist, and grow while I am labeled a shame-pudendum? I don’t think so.

Rejecting so many labels and traditions forced us to create new ones. A surprise: that creative process was more meaningful and fun than I’d imagined it would be. What emerged was magical, warm, celebratory, and quite personal.

Thankfully, there is precedent for marriage under protest: abolitionists Lucy Stone and Henry Blackwell’s 1855 declaration of dissent against the patriarchal institution signed upon their wedding day. And a dear friend of mine from law school spoke in her ceremony about continuing to fight for gay and lesbian marriage when she and her partner tied the legal knot back in 1995. So I had footsteps to follow.

Meanwhile my feminist students, gay and straight, seemed genuinely thrilled with my late-coming announcement. “When I heard you were getting married,” one said to me last week, “I was so happy. If even you can find someone, maybe there’s hope for the rest of us!”

Posted by Michelle Anderson at April 18, 2006 03:46 PM

Trackback Pings

TrackBack URL for this entry:
http://www.concurringopinions.com/movabletype/mt-tb.cgi/741.

Comments

Great post. (And, if you don't mind, let me add, congrats!)

Posted by: Orin Kerr at April 18, 2006 04:38 PM


Congratulations!!!! (And that was a really great post.)

Posted by: Anthony Infanti at April 18, 2006 05:03 PM


Michelle,
Congratulations, but I have a question:

No “love, honor, and obey.”
Why would the commitment to love, honor and obey be a problem, provided it is committed to equally by both partners? Certainly, I could understand the characterization of such a vow as being "Heterosexist[;] Patriarchal" and as being the erasure of "a female’s legal existence . . . by its merger into her husband’s at marriage," were the vow only made by the woman. If both partners take such a vow, I would argue, it ceases to be any of those things. I was quite surprised, when my wife and I married, that the pastor said that most people did not choose to include those words in this day and age; indeed, it seems to me that a bilateral commitment to love, honor and obey - the merger of two legal identies into one - inter alia reside at the very core of marriage, being among the principle features which differentiates a marriage from merely a cohabiting relationship.

Posted by: Simon at April 18, 2006 05:10 PM


Very interesting and informative thoughts, thanks for this post.

And, um, congratulations as well, to the extent that you'd like them.

Okay, now I'm going to nitpick your discussion of "wife": It seems weird to me to rule out use of a word in today's English because that word goes back to some Indo-European root that we find problematic.

Look more closely at the definition of "ghwibh" and you'll see that it is the root of many other words, not just wife. In fact, it's also the lingustic root of the English word "woman."

Does this mean that it is inappropriate to refer to women -- um, female-people, that is -- as "women," since this word has its etymological root in an old, offensive construct from Indo-European?

I'm no linguist, and my knowledge of old Indo-European roots is limited to the appendix of my dictionary. But even a quick review of that appendix shows a _lot_ of words with problematic roots. The English "hurry" comes from a root meaning to ravage or plunder. "Mortgage" comes from the root for death. And so on.

It's 2006 -- isn't it potentially time to treat words for how they exist in language today, and not how their Indo-European roots may have existed centuries ago? This isn't to say that there aren't reasons for eschewing "wife" today. But the fact that it comes from a particular old lingustic root seems to me like a particularly unconvincing reason.

Posted by: Kaimi at April 18, 2006 05:15 PM


Kaimi,

Does this mean that it is inappropriate to refer to women -- um, female-people, that is -- as "women," since this word has its etymological root in an old, offensive construct from Indo-European?
I'm offended by your use of the term "female", which - by prefixing the world "male" implies that persons of non-masculine gender are linguistically subordinate to men. ;)

It seems that for the sake of being able to communicate, society may have to accept terminology which may have linguistic roots that are unpalatable to some. Fighting over whether terms like "wife", "female" or "woman" are acceptable because they stem from a usage beyond living memory seems similar to fighting over whether the term "niggardly" is acceptable because it sounds like a word that we don't approve of any more.

Posted by: Simon at April 18, 2006 05:31 PM


Best wishes! I was reared to say "best wishes" to brides because "congratulations" implies that brides have accomplished a goal, such as obtaining an advanced degree or winning an Olympic medal, by landing a male. Of course, this is not the case. (You may say "congratulations" to the groom, though.) So, best wishes!

I enjoyed your post very much after having gone through the same angst oh so many years ago. (I also had the "I'm not your wife" conversation.) I will admit though that years later, I sort of wish we had the same last name so that we could have a monogrammed anything -- welcome mat, napkin, anything. Such is life.

Posted by: Christine at April 18, 2006 05:57 PM


What a sweet nerdy romatic post. Profs in love! Go forth and make more sweethearts who wear glasses.

Posted by: Ramson's eyepatch at April 19, 2006 01:36 AM


Best wishes to you and, um, the individual to whom you've become married.

I guess I'm a little perplexed at why a feminist would think of marriage as "never supposed to happen to someone like me." I thought feminism was about the right of women have enough information and freedom to make individual choices about their lives? Am I wrong?

Because if so, marriage just seems like an individual decision that feminists should applaud – exactly what I thought feminists were fighting for in the first place. This is not an assault on the good prof. – more a general observation that in the feminist movement some choices seem to be more equal than others i.e. choosing to pursue the tenured professorship rather than choosing to get married and manage a household/family.

Posted by: MJ at April 19, 2006 07:21 AM


All the best on your marriage!

Your post made me think about some stuff. I posted about it here: http://www.isthatlegal.org/archives/2006/04/person_yes_pers.html

Thoughts and comments welcome.

Posted by: Eric Muller at April 19, 2006 08:58 AM


Thank you to everyone who sent congratulations and best wishes. I’m feeling the love! I just want to respond to a three quick points.

Simon: I’m intrigued that you and your partner *both* vowed to “obey” one other. I’m not quite sure how that mutual obedience thing works out if she wants to watch “Desperate Housewives” and you are jonesing for “American Idol,” but if you both manage to evince reciprocal submission, who am I to judge? For my part, obedience isn’t in my nature, so I wouldn’t vow it even if Gavin were willing.

Kaimi: Yes, that all-purpose “ghwibh-” (shame-pudenda) is indeed the ancient root of so many feminine words: “wife, hussy, midwife, woman.” For you, that fact means the term isn’t worth challenging. For me, linguistic misogyny inspires a search for gender-neutrality. Happily, in this case, a great substitute is near at hand. “Spouse” is apparently from the root “spend-” which suggests “to make an offering, perform a rite, hence to engage oneself by ritual act.” In abandoning “wife,” we have gained “spouse,” the partner to whom we make an offering of commitment.

MJ: I do support individual choice to marry (especially for gays and lesbians). For my life, however, all choices are not equal. My decision to teach and write is more important to me than my ability to land a man and manage a household.

Thanks for all your supportive and challenging thoughts, my friends and colleagues.

Posted by: Michelle Anderson at April 19, 2006 09:21 AM


Michelle:

Having agonized over many of the same issues you (and Christine) grappled with, I also made the decision to marry but retain my own name. No big wedding, no white gown, no "obey."

That was over 25 years ago, and I can still recall all the difficulties that such feminist notions produced back then, including a hospital administrator who wanted to see our marriage license (while I was in labor!) so that our child could have a hyphenated last name, and the federal government not crediting my income taxes properly every year for years because their forms had no way to indicate different last names for spouses. Christine probably also had many experiences like mine. Hopefully, you'll encounter fewer obstacles as the practice of a woman not changing her name is now more common than it was back then.

As to terms like "wife" and "husband," I quickly settled on something that still works for us:

When I introduce my husband to people, I simply say, "I'd like you to meet my first husband."

And if people question the different last names, my answer is simply, "My husband and I are both feminists so I allowed him to keep his maiden name."

IOW: we didn't sweat what is ultimately the small stuff. It's now 26 years later and we're still laughing.

Cheers and best wishes,

Dissent

Posted by: Dissent at April 19, 2006 10:04 AM


Life is not a classroom debate.

And sometimes ideological purity must give way.

Exactly what it is giving way to, in this case, is not quite clear ...

But it must give way nonetheless! Best wishes.

Posted by: Seth R. at April 19, 2006 12:05 PM


Michelle,

I'm all in favor of removing misogynistic terms from general use. However, I'm curious about what seems like a selective application of a rule I hadn't considered before, and one which if applied even-handedly would result in disqualification of a good deal of the English language.

Do feminist ideals really require us to go back to Indo-European roots for every word in the dictionary (or other etymological roots, for words of non-European derivation), and refuse to use any words that have misogynistic roots? That just seems unworkable.

So if the suggestion is to strike _some_ words based on their Indo-European roots, how does one decide which words may be used despite misogynistic roots, and which may not?

Posted by: Kaimi at April 19, 2006 02:25 PM


Michelle, however you want to explain/justify/rationalize it, Nancy and I still want to congratulate and/or wish you (and Gavin) all the best!!! Hey, look, marriage is simply what you make it. We've been married for nearly 37 years and we still don't "obey" each other. Maybe next year. Probably not.

Posted by: John Burkoff at April 19, 2006 03:13 PM


It is clear why you did not promise to "obey" your spouse. Why did you not promise to "love" and "honor" your spouse? Is not every person, man or woman, due some degree of love & honor? Who would wish to marry someone who does not wish to love & honor that person?

Posted by: jude at April 19, 2006 03:36 PM


To Jude and Simon (above):

(Correct me if I am wrong, MA) but I got the sense from the "love, honor, & obey" passage that Professor Anderson was aiming for a little satirical pulse and build up, not explicitly negating her love for Gavin. The dissection of that phrase (obedience vs. love) is also borne out throughout the post, at least implicitly. Am I turning this too much into English class?

Regardless, have fun, Professor.

Posted by: Liz Longstreth at April 19, 2006 05:49 PM


I think that the word "wife" maybe has some other connotations she didn't like, besides just the root being offensive. I have no problems with the word wife as it exists today.
I think maybe she could consider that her becoming a wife will change the definition of wife for her and for others, to include someone like her, not an appendage.

Posted by: JKS at April 19, 2006 08:39 PM


We left the "obey" in our vows and Bill does almost everything I tell him. He minds, yes, he does.

When I introduce him, I say, "I'd like you to meet my third husband. The other two just wouldn't mind me and I had to shoot them."

Posted by: annegb at April 20, 2006 03:53 PM


"My decision to teach and write is more important to me than my ability to land a man and manage a household."

I think most of us think about this as "having a family," and yes, having a loving family is more important than teaching and writing, for men or women.

Posted by: DB at April 20, 2006 06:14 PM


“For my part, obedience isn’t in my nature . . .”



You may want to examine the etymology of the word “obey” before you pay a per-hour rate to a marriage counselor to obey you.



Good luck!

Posted by: SJB at April 22, 2006 01:15 PM


MA: why do you equate marrying a man with "landing" a man? Nobody is forcing you, linguistically or otherwise, to disrespect yourself.

Posted by: Aurelia Loveman at April 23, 2006 09:36 PM


I think that it is wrong to define somebody by any role they have in life, including their role in the family. People have different roles in different contexts. On my softball team, I am the firstbaseman. In school, I am a student. In church, I am a member. In marriage, I am the wife. Somebody referring to me as “Joseph’s wife” while I am at softball practice would be just as out of place as them referring to me as “the firstbaseman” in class. I can understand how frustrating it can be to be defined by somebody else. However, my relationship to other people in my life, both friends and family, is a part of who I am. Provided that it is in the right context, I think that knowing me by my relationship to my husband is appropriate.

Posted by: Lyla at May 14, 2006 03:16 PM


Forgive me for putting a dampner on things. I AM happy for you, it would after all be selfish in the extreme to be displeased by someone else's pleasure.

Rather, selfish though it is, I am unhappy for myself. You see, I too love my partner 'in a way that—despite societal evidence—burbles with the hope of lasting a lifetime?'. However, as a self-respecting feminist I feel that a public commitment to my sweetheart, what you have conceptualised as marriage, would be at best unnecessary, and at worst a noxious form of disrespect to the women I love.

So yes, it is satisfying that you have found happiness through your marriage. However, please remember that, whatever your justification and whatever your interpretations of the ramifications of your act to feminism as a whole, your decision to get married just makes mine and my partner's ethical stand to resist the pressures to be married that little bit more oppressing.

What's more selfish?

Posted by: Philip at September 5, 2006 07:21 AM


People with a surfeit of intelligence (like yourself) tend to over analyse everything. They nearly always straight-jacket themselves with their own ideology or dogma. You were whining over the etymological root of the word 'wife', for f**ks sake! Petty or what?

You must love the guy to marry him against nearly all feminist belief. So what and welcome to the real world.

Love him, cherish him and I wish you all the best.

Posted by: Dave at April 15, 2007 09:05 PM


Post a comment




Remember Me?

(you may use HTML tags for style)

Authors

Daniel J. Solove

Website
The Future of Reputation

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Melissa Waters

Website
SSRN Page

Deven Desai

Website
SSRN Page


Guests

Elaine Chiu
Dan Kahan
Sam Kamin
Michael O'Shea
Alice Ristroph






ad-logo3.jpg

blawg100_winner2.jpg

Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Francesca Bignami
Jeremy Blumenthal
Bruce Boyden
Donald Braman
Al Brophy
Bill Burke-White
Scott Burris
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Christine Haight Farley
Kim Ferzan
Dan Filler
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
Craig Green
Jeffrey Harrison
Erica Hashimoto
Laura Heymann
Christine Hurt
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Greg Lastowka
Joseph Liu
Solangel Maldonado
Jason Mazzone
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Neil RIchards
Lori Ringhand
Alice Ristroph
Paul Secunda
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Robert Tsai
Steve Vladeck
Sarah Waldeck
Alfred Yen
David Zaring
Timothy Zick
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
Beltway Blogroll
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
JD2B.com
Juris Novus
Jurisdynamics
Law and Letters
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian
Mirror of Justice
National Security Advisors
Opinio Juris
Point of Law
Political Theory Daily Review
PrawfsBlawg
ProfessorBainbridge.com
Property Prof
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog

Pajamas Media BlogRoll Member