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Loading... Covering: The Hidden Assault on Our Civil Rights (2006)by Kenji Yoshino
None. pylduck, 2007 Aug 21 An important and brilliant piece of scholarship, that has the added perk of being beautifully written. "Covering" is an important concept that helps clarify how people of all background negotiate their identity in the public and private sphere. Yoshino's personal narrative is interwoven with more conventional scholarly analysis, and what results is one of the best legal books of the past decade or so. A must read. Kenji Yoshino argues that covering is the last stage in forcing minorities or exceptions to conform to accepted and established norms prevailing in society. The author turns to Erving Goffman for sociological observations and descriptions of covering behavior (Goffman lives!). Prior to covering comes conversion, in which, for example, gay men and lesbians are expected to become or internally perform to the heteronormative norm. Inquisitions and lobotomies resulted. Failing this, passing is required, in which even if internally not in conformity, all outward behavior so conforms to the extent that noone could even guess, for example, that an individual is gay. Of course, passing generates the catcalls of Uncle Tom from those who think passing turns one's back on true identity. And there is the personal cost. When society at large no longer resists the existence or presence, but still has not embraced the group, covering becomes a common norm. In this case the member of a sub-group should not flaunt one's true identity. Same-sex couples cannot hold hands in public with the abandon that heterosexual couples can, for example. This covering extends to the workplace, too. The author spends considerable time describing how covering - acting in a direct, forceful, aggressive masculine manner - is expected of women who want to advance in the workplace, while reverse covering - being passed over for not exhibiting enough of a soft, more demure feminine side - has caught women in a complete double bind in the workplace, a near impossibility to negotiate. Courts have not looked kindly on complaints about the prejudice of covering, since these are seldom immutable qualities, like the color of one's skin or the ability to walk. So an African-American woman can be required to give up her corn-rows without an employer being required to demonstrate a rational basis for this condition of employment; forced to cover her cultural expression. Yoshino posits that we all cover. Society requires it of everyone - he recognizes even the covering required that has produced the angry white male. True authenticity occurs when the self we feel most true uses lcovering devices as a chosen convenience of social negotiation and not as an essential defense of survival. In between there are many way-stations. A society that can thrive creatively will veer more closely to allowing individual authenticity. Courts cannot create that society; conversations led by authentic voices with others gradually can. In the end, while the author recognizes continued importance of civil rights equality advanced in law and by argument for identity groups, ethnic minorities, people with disabilities, gays and lesbians, etc., he sees more long-term hope in reasoned discourse based upon a common call to universal human rights and a preference for liberty when no danger or problem is posed to society at large. The Supreme Court case overturning Texas law forbidding sodomy includes this argument - that the state need not intervene in adult individuals' sexual intimacy. I found this book to be quite nuanced in its arguments, seeking to address lives as they are lived and how they can best be lived. The author incorporates personal experiences in coming out as a gay man and of negotiating summers in Japan and schooling in America throughout the book. Kenji Yoshino's appeal to reach for our true, creative, authentic selves reminded me of some of the points William Glasser makes in his book Choice Theory: A New Psychology of Personal Freedom. As Yoshino makes his case I was surprised to see that he did not explicitly turn to that most fundamental informing national document, carrying no force of law, but impelling America towards that vision he outlined of life, liberty and the pursuit of happiness. The story of an Asian from Japan who happens to be gay and an attorney. Well-written, easy ready. Good resources cited. no reviews | add a review
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