DISSENT scarf celebrates the positive act of saying “no”

NEW! Dissent square. 36 inches, $55. A portion of the proceeds goes to support the ACLU.

This design is based on my perSISTERS poster design honoring Ruth Bader Ginsburg. This scarf, however, only has words and ornaments. The green color is inspired by the jade earrings Ginsburg wears in her official portrait. I poured over photos of her and concluded that she likes to dress up a lot, but maybe that’s because the photos of her online often show her at the opera. In any case, I chose a blingy typeface and ornaments to adorn this design. Excerpts from some of her most famous dissents are set in script type on the scarves and are quoted below so it’s easier for you to read them. They are in reference to these decisions: Shelby County v. Holder, of 2013; Schuette v. Coalition to Defend Affirmative Action, of 2013; Burwell v. Hobby Lobby, of 2014; and Bush v. Gore, of 2000. The devastating Epic Systems Corp. v. Lewis, of May 21, 2018 came after this design was completed.

Ruth Bader Ginsburg (born Joan Ruth Bader; March 15, 1933) is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice to be confirmed to the Court (after Sandra Day O’Connor) and one of four female justices to be confirmed (with Sonia Sotomayor and Elena Kagan, who are still serving as of 2017).

Ginsburg has spent much of her career advocating for the advancement of gender equality and women’s rights, winning multiple victories arguing before the Supreme Court. She was responsible for a very significant change in constitutional jurisprudence that, in effect, requires there to be a higher standard of scrutiny of any law that discriminates on the basis of sex. This was a breakthrough in women’s rights protection. She advocated as a volunteer lawyer for the American Civil Liberties Union and was a member of its board of directors and one of its general counsels in the 1970s. In 1980, President Jimmy Carter appointed her to the U.S. Court of Appeals for the District of Columbia Circuit where she served until her elevation to the Supreme Court.

DISSENT scarf in Jade, ~27 x 72 inches, A portion of the proceeds goes to support the ACLU’s Women’s Rights Project, which was founded by Ginsburg in 1972.
DISSENT scarf in Purple, ~27 x 72 inches, A portion of the proceeds goes to support the ACLU’s Women’s Rights Project, which was founded by Ginsburg in 1972.

“Dissents speak to a future age. It’s not simply to say, ‘my colleagues are wrong and I would do it this way,’ but the greatest dissents do become court opinions.”

Justice Ginsburg is playing the long game.

Below are excerpts from some significant dissents written by Justice Ginsburg.

Shelby County v. Holder 2013

The Court’s opinion can hardly be described as an exemplar of restrained and moderate decision making. Quite the opposite. Hubris is a fit word for today’s demolition of the VRA. Congress approached the 2006 reauthorization of the VRA with great care and seriousness. The same cannot be said of the Court’s opinion today. The Court makes no genuine attempt to engage with the massive legislative record that Congress assembled. Instead, it relies on increases in voter registration and turnout as if that were the whole story. In my judgment, the Court errs egregiously by overriding Congress’ decision.

Instead, the Court strikes [Section]4(b)’s coverage provision because, in its view, the provision is not based on “current conditions.” Ante, at 17. It discounts, however, that one such condition was the preclearance remedy in place in the covered jurisdictions, a remedy Congress designed both to catch discrimination before it causes harm, and to guard against return to old ways. […]Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.
Schuette v. Coalition to Defend Affirmative Action 2013

Texas’ percentage plan was adopted with racially segregated neighborhoods and schools front and center stage. … It is race consciousness, not blindness to race, that drives such plans. I have several times explained why government actors, including state universities, need not be blind to the lingering effects of “an overtly discriminatory past,” the legacy of “centuries of law-sanctioned inequality.”

Burwell v. Hobby Lobby 2014

The exemption sought by Hobby Lobby and Conestoga would…deny legions of women who do not hold their employers’ beliefs access to contraceptive coverage. Religious organizations exist to foster the interests of persons subscribing to the same religious faith. Not so of for-profit corporations. Workers who sustain the operations of those corporations commonly are not drawn from one religious community. Approving some religious claims while deeming others unworthy of accommodation could be ‘perceived as favoring one religion over another,’ the very risk the Establishment Clause was designed to preclude.

Bush v. Gore 2000

The Court assumes that time will not permit “orderly judicial review of any disputed matters that might arise.” … But no one has doubted the good faith and diligence with which Florida election officials, attorneys for all sides of this controversy, and the courts of law have performed their duties. Notably, the Florida Supreme Court has produced two substantial opinions within 29 hours of oral argument. In sum, the Court’s conclusion that a constitutionally adequate recount is impractical is a prophecy the Court’s own judgment will not allow to be tested. Such an untested prophecy should not decide the Presidency of the United States. I dissent.

Queer Trickster Medicine: Making My Peace with Frida Kahlo

I’ve finally written my piece on Frida Kahlo and the shawl design I made for her. It’s been very hard to write this because I feel so ambivalent about Frida Kahlo. I finally started this essay a couple days ago but my application “quit unexpectedly” and lost my work. But I started again this morning and I think it’s better now because I remembered to include the trickster part, and that then helped me express the rest. I think I understand now.

When I solicited requests from my friends as I was starting the Female Power Project, I was urged by many to make a shawl for Frida Kahlo. The implication was that I could sell a lot of them, because, you know, FRIDA. I wasn’t naturally inclined to do this. Firstly, her image and art have already been reproduced all over the place. Either my production couldn’t add anything, or I would just be jumping on the bandwagon and participating in an exploitative cliché. Secondly, Frida has been idolized largely because of her pathetic life story. Look: she was a beautiful mess AND she made great art. Be like her! Really? Her life was a train wreck (literally determined by a streetcar wreck) and I think many who idolize her are being uncritical. I don’t see her as a role model at all. Her story is about pain and anger and an unhealthy obsession with a repulsive and unworthy man. Frida was a masochist and a narcissist, an alcoholic and a drug addict, a self-conscious seeker of attention. She used her pain to exploit and manipulate people. And people use her pain to exploit her right back. This is neurotic.

However, her artworks ARE amazing and important and vital. Furthermore, she is some kind of engine in the collective mind of our culture since the late 1970s, when she was rediscovered—or maybe invented?—as an artist and a personality. There has to be something important there. To make something for Frida I had to figure out a way to approach her story and her power without losing sight of the point of the Female Power Project—which is not about selling things. If you are going to “put on” Frida’s power, it should be an act that could produce something good in the world, not an act of perpetuating a neurosis. I started thinking about how pain—and anger—could be a force, or maybe a catalyst, for creative transformation. How do ugly weird accidents make beauty and life?

There are two things that allowed me to get past my reluctance to absorb Frida. One was my own experience of pain and anger and how that has produced in me an explosion of creativity. I was not the only woman who stayed up late weeping at the results of the 2016 US presidential election. But it was in January of 2017 that I realized just how alone I wasn’t, as hundreds of thousands of women came to DC to express those same feelings. This story continues as I write and the outcomes are not clear. But a train wreck has made it possible for me, at least, to find the power to flourish the Female Power Project.

The second thing is a connection I made between Frida Kahlo and the traditional trickster figure in mythology. The trickster is not a role model. The trickster is someone who breaks social rules in a grotesque and pathetic way that nevertheless creates something of inestimable social value—that creates the world and life. Social rules are based on the separation of categories—the exaltation of distinctions—and the trickster mediates distinctions so that a society can adapt to outside forces. The key for me was learning that Frida was a notorious vulgarian. She was an amazing cusser. Her cussing was an expression of anger, of course, but it also came from her famous allegria. Her biographer, Hayden Herrera, describes this as not just “cheerfulness” but as an enveloping force of joy in life that would emanate from her, surrounding the people near her. She would relish and revel in vulgarities. This is a truly transgressive mixing of anger and joy, especially for a woman in a macho society.

I set out to do research on the trickster by reading Lewis Hyde’s book, Trickster Makes This World. I was almost immediately confounded by his assertion in the book’s preface that the traditional trickster is never female, except in one case that he could find. His hypothesis is that this is because women are natural creators because of our ability to bear children. The trickster, an essential transgressor, is a male who yet can bear creatively and from his essence the way females do. My response: what about females who do not bear children? It is maybe new(ish) to realize that females do not always bear, so that can’t really be our essence. That is Frida the trickster. She bears without bearing. She literally bares herself in her many self-portraits, her most compelling works of art. Through baring she bears her pain. Frida is the trickster we needed when, as a society, we were separating from the traditionally rigid definition of female. We still need her. We are still coming to an understanding that females don’t even need to be women and that gender is not a dichotomy but a spectrum.

Childbirth and abortion appear as subjects in Frida’s paintings. She did not have children although she was able to get pregnant. It is not clear whether she couldn’t come to term or whether she decided not to. Regardless, the subject was important to her and was one of the engines of her pain. Gender was a site of her trickster performance as well. Much is made of her cross-dressing appearance in a family portrait. So, also, of her self-portrait with cropped hair. She knew that gender is a performance and that is her trickster gift. She was the feminist trickster at the beginning of Fridamania; she is the queer trickster, now.

I know I read somewhere in her biography, or her diary, that she called herself, “The woman who gave birth to herself,” but I’m not sure it’s worth looking it up, exactly. Psychologically, it comes from her difficult relationship with her mother with whom she did not attach as an infant. Although it comes from a primal wound, it is the perfect thing to call the shawl. A trickster female is the female who births only herself. And that creativity can, and does, suffice.

DESIGN NOTES
In this design I borrowed a few elements from my other shawl designs, and I also quoted from the life and work of Frida Kahlo. These roses also appear in La Guadalupana, which is appropriate since both the Virgin of Guadalupe and Frida Kahlo are definitively Mexican. Frida loved to wear flowers in her hair. The blue lace is repurposed from ERZULIE which honors the Haitian spirit of love. Lace is a potent signifier of femininity. The geometric pattern in bright colors references the embroidered traditional Tehuantepec garb that Frida was famous for wearing. The drops refer to the many depictions of dripping liquids in her paintings, and the strings wrapping the roses refer to the roots and ropes that bind Frida in many of her self-portraits. The writing, which translates into English as “Here I have Painted Myself, Frida Kahlo” is the signature from her painting, “Self Portrait with Loose Hair.” She births herself in her paintings. Finally, if someone holds it up and you back away from the shawl—which is quite large and flops and flows in your hands—the halftone dots can be read as the eyes and brows of Frida Kahlo. Those brows.

If you want to learn more:
Hayden Herrera’s Biography, a bestseller that launched Fridamania, Frida: A Biography of Frida Kahlo, 1983.
The Wikipedia article on Frida Kahlo is very good.
Vanity Fair, September 3, 2013, “Diary Of A Mad Artist” by Amy Fine Collins
Lewis Hyde, Trickster Makes This World, 1998

“The Woman Who Gave Birth to Herself” shawl design honoring Frida Kahlo. By Leda Black (Creatrix) the work is part of the #FemalePowerProject
“The Woman Who Gave Birth to Herself” scarf design honoring Frida Kahlo.

Inscriptions, a new series

So new it’s not in the menu yet!

Here is a promising start to a new series: Inscriptions. The public display of words shows us the ideas we think our society is founded on. Inscriptions are all over the place here in DC. There’s no public building or monument without an inscription. Click on the images to see a larger picture. The first image shows the final state of “Inscription I” made from a photo I captured of the Department of Justice building—printed on stretched canvas, with hand embroidery. 20 inches square. (More coming soon.)

The canvas is heavy and to make my stitches I have to punch hard with the needle. The thread makes a kind of moan as I pull it through the coated, heavy, printed fabric. Punch (pierce) moooooan, punch (pierce) moooooan, punch (pierce) moooooan . . .  The second image shows the stitching in progress, from the back. Light shines through the holes. Stitching is a “feminine” art, so this series is part of the #FemalePowerProject

 

I Make Things Out of Words, Mostly