E-mail:
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Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
The recently released documentary, AKA Jane Roe, is generating keen interest for its (spoiler
alert!)“deathbed confession” by Norma
McCorvey, a/k/a Jane Roe in Roe v. Wade
(1973), that her apparent conversion in 1995 from supporting abortion rights to
born-again Christianity and the pro-life/anti-abortion cause was not genuine,
but “all an act.” McCorvey reveals (in
words that may bring the lyrics of Bob Seger’s “Night Moves” to mind) that she
used them and they used her: “I took
their money and they put me out in front of the camera and told me what to say
and that’s what I’d say.” Evangelical minister Rob Schenck —at the time a
militant leader of the anti-abortion movement -- corroborates her “confession.”
In soul-searching statements, he admits to having wondered if she was “playing
them” as they were “playing” her. He expresses regret for the unethical way
that he and other religious leaders in the movement mistreated McCorvey, whom
he describes as the movement’s prize, trophy, or “big fish” (a term she also uses
to describe herself). That part of the documentary warrants the buzz it is
generating, but so does another: the human cost of homophobia. McCorvey’s
conversion and new role as spokesperson came with the price tag of ending her over
twenty-year relationship with her partner, Connie Gonzales. If “Jane Roe” had to die so Norma McCorvey
could live (as Reverend Flip Benham, then of Operation Rescue, puts it, in the
film), so too did McCorvey’s sexual identity as a lesbian because homosexuality
was a grievous sin.
The documentary is a sobering reminder of the link between
abortion and homosexuality in the culture wars of the 1990s. Just as McCorvey’s
public “confession” at various anti-abortion events included an apology for her
role in legalizing abortion and the “killing” of children, it often included a
renunciation of her sinful lesbian lifestyle. One scene features McCorvey, along
with Benham, burning pages from Roe v.
Wade, a gay pride flag, and Quran.
It is impossible not to feel empathy for Connie Gonzalez as
she looks on as Norma is baptized by Reverend Benham and as they absorb the
directive that they can be friends, but can no longer be intimate sexual
partners. The documentary has remarkable and poignant footage of Connie and
Norma in domestic scenes during their long relationship.Amidst Norma’s complicated and troubled life,
her relationship with Connie seems to have provided love and stability. Connie fondly
recalls that she fell in love with Norma as soon as she met her. And what a
meeting – as Norma recounts, she was trying to shoplift something from Connie’s
store and Connie took the startling step of giving Norma the keys to her car, giving
her money, and telling her to get the car washed. In a 1994 New York Timesprofile
of the couple, one year before Norma’s conversion, she describes the pride the
Connie felt upon learning of Norma’s identity as Jane Roe. Norma comments: “I
don’t require that much in my life. With Connie, my cats and my plants, I’m a
pretty happy girl.”
Connie and Norma continued to live together in Texas for another
decade, but, at least as far as Norma’s new colleagues knew, they did not have
sex. Connie, at least, seems forlorn and bewildered even as she tries to
explain that they still share love, just a different kind.
Against the backdrop of photos and videos of their evident
domesticity before McCorvey’s conversion, it is painful to hear the reductive description
of their relationship offered by Reverend Flip Benham. Calling homosexuality a
form of lust and temptation that must be avoided, he makes the absurd
comparison to resisting the desire to eat “bon bons” all day: he wants to do so,
but if he indulges, it will make him overweight. Akin to gluttony, then,
same-sex sexual desire is a temptation and sin to be avoided. It is sobering to
consider that, in 1995, the year of McCorvey’s conversion, the prospect that
Hawaii might permit same-sex marriage sparked Congress, in 1996, to enact the Defense
of Marriage Act and numerous states to enact their own mini-DOMAs.Only in 2003, with Lawrence v. Texas, would
the Court overrule Bowers v. Hardwick and strike down Texas’s sodomy law.
By contrast with Benham’s demeaning analogy, Schenck
recognizes the value of Norma and Connie’s relationship and the human cost of
ending it. In a column reflecting on the film, Schenck confirms that Norma’s
relationship to Connie was “the only thing that no one in my circle would countenance,”
even though he knew that Norma “continued to love Connie.” Schenck, in his own
words, at a “very different place on abortion and LGBTQ persons” by the time of
Norma’s illness and death, adds: “My callous part in their break-up will always
be one of the worst sins I’ve committed against two human beings.”
Director Nicholas Sweeney, as a gay man, was drawn to
McCorvey’s story because he wanted to understand how and why an “out-and-proud
lesbian” “gave up her sexuality” and where she now saw herself on the
“spectrum.” Near the end of the documentary, when the mercurial and
opportunistic McCorvey confesses that she said whatever “they” wanted her to
say and was a good “actress,” it is not clear if that applies as well to her
public confession and repentance of her lesbian “lifestyle.” Even so, McCorvey at
one point says that she loved Connie “with all my heart” and wished she could
see her. McCorvey clearly retained her sexual attraction to women until the end
of her life; Sweeney observes her giving a “wolf whistle” at an attractive
woman in a restaurant. Yet, McCorvey does not offer an explicit embrace of LGBT
equality comparable to her statement that abortion should be a woman’s choice
and that Roe will not be taken away.
In the documentary, Charlotte Taft, founding director of the Routh Street
Women’s Clinic in Dallas, shows visible pain at McCorvey’s deathbed confession,
when she considers the high stakes in the abortion wars and the symbolic value of
Norma’s public repudiation of abortion rights and regretabout being the “Jane Roe” that made abortion
legal. But the pain suffered by Gonzales from McCorvey’s public repudiation of
her own sexuality is also palpable. As a snapshot of the not-that-distant past,
AKA Jane Roe vividly shows the human
costs of homophobia. Sweeney has observed: “I think my generation takes for
granted the freedoms that we have to be ourselves and to be openly gay, or
queer, or any sexuality – in some places, not everywhere, obviously” and
contrasts that with McCorvey’s 1990s disavowal of her sexuality and the
heartbreak for Gonzalez. I found myself wishing that Gonzalez (who predeceased
McCorvey) had lived long enough to experience the sea change in law and society
concerning LGBT persons and the status of their intimate relationships. As
Justice Kennedy observed in Masterpiece
Cakeshop: “Our society has come to the recognition that gay persons and gay
couples cannot be treated as social outcasts or as inferior in dignity and
worth.” The journey is not complete, but Reverend Rob Schenck's own evolution on this issue shows signs of that sea change. Posted
2:32 PM
by Linda McClain [link]