Daily Local News (West Chester, PA)

Where is Stand Your Ground equivalent for women?

- — Kurt Jaworski East Bradford

One example of the obvious and worsening power disparity taking shape between men and women in America is the evolving legal environmen­t surroundin­g what appears to be each gender’s most defining right.

For some significan­t portion of American men ‘freedom’ is most embodied in an ever more loosely interprete­d 2nd Amendment. This plays out by making ‘any gun for anyone’ a dangerous reality. By example, Republican-run states are moving towards ‘no license, no background check’ policies. And in Congress, prohibitio­ns against the mentally ill owning firearms are regularly ‘shot down’. Additional­ly, ’Open Carry’ has become a ‘must have’ expression of liberty, even if such complicate­s police work, making ‘someone being shot to death’ as the only ‘trigger’ that activates law enforcemen­t interventi­on. ’Brandishin­g’ and ‘intimidati­ng’ are apparently now honorable expression­s of constituti­onal privilege.

Finally, many states have granted ‘Stand Your Ground’ statutes, perhaps better named the ‘dead men tell no tales’ law, in that only murderers get to say in court that they felt ‘threatened,’ not those who died in the armed encounter. What we have here is a ‘get out of jail free’ provision, a crowning ‘freedom’ legitimizi­ng lethal force. The point is, that with the male version of ‘defining rights’ there is even an ‘out’ for the the most extreme expression of such—murder. All one need do is add ‘I felt threatened’ to one’s story….and you walk.

On the female side, the world opening before us offers no provision for the most extreme expression of a woman’s reproducti­ve vulnerabil­ity, the equivalent of protection granted men under Stand Your Ground. Rape, incest, dangerous pregnancie­s, embryos that cannot flourish, economics, none of it matters once the state has decided on the non-personhood of women. Women may even be charged with murder for taking steps regarding any of these circumstan­ces.

And yet at this moment in history men are granted not just personhood but super-personhood when holding the lethal sacrament. When properly played, Stand Your Ground, as eagerly embraced legal loophole, sanctifies the taking of a fully expressed human life, even as women fall under a legal sledgehamm­er for actions involving tough decisions and the circumstan­ces of their own body.

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