Sentencing Survivors: The Trials of Joan Little and Cyntoia Brown

Cyntoia Brown. Photo: Tennessee Department of Corrections

After spending almost half her life behind bars, Cyntoia Brown leaves prison this month, freed on the clemency she received in January. Brown was convicted in 2006, at age 18, for committing murder and robbery to escape an alleged sex trafficking scheme.

While it marks the beginning of freedom for Brown, this month also marks the anniversary of a pivotal event in the life of Joan Little, whose own escape from sexual violence — and its aftermath — have drawn comparisons to Brown’s.


A justice system that targets people of color makes Joan Little’s and Cyntoia Brown’s cases the exception rather than the rule.


The incidents that fractured their lives were separated in time by decades, but otherwise the details share numerous similarities. Both Brown and Little are women of color. Both lived in the South. And both gained strong public support from activists and celebrities who viewed them as women caught in a criminal justice system fraught with racism and sexism.

In the Hands of the People

The case of Joan (pronounced “Jo Ann”) Little represented a turning point in the way Black victims of sexual violence were treated in the courts. Throughout much of U.S. history, sexually degrading Black women has been part and parcel of maintaining the racial order in many communities — enough so that, as one Black newspaper observed in the 1950s, it was a “commonplace experience for many of our women … to be propositioned openly by white men. You can pick up accounts of these at a dime a dozen in almost any community.” Continue reading

The Past Isn’t Always in the Past: Covington Catholic and the Politics of Race and Gender at Southern Private Schools

Nathan Phillips (center) leads a dance at the Indigenous Peoples March. Image (detail): Joe Flood

It was hard to miss the video that went viral on the weekend of the Martin Luther King Jr. holiday.

On January 20, footage of a white high school student, flanked by his classmates as he stood in front of a Native American elder, took the news and social media by storm. The student stood at a close distance, wearing an apparent smirk below his “Make America Great Again” hat. The Native elder stood calmly but firmly, beating a small hand drum and singing over the noise from the student’s classmates, many of whom also sported the iconic red baseball caps of Trump supporters. One classmate appeared to taunt the Native elder with a gesture mocking a “tomahawk chop.”


The March for Life incident is a troubling reminder of a history that links segregated private schools to the anti-abortion movement.


The scene was from Washington, D.C., where students from Covington Catholic High School in Park Hills, Kentucky, were attending the anti-abortion March for Life. It was an event that coincided with an Indigenous Peoples March, a grassroots gathering of community leaders, celebrities, and activists to address the environmental and human rights issues facing Native American, First Nations, and other indigenous people.

The incident drew conflicting narratives as more footage was pieced together to show how Nick Sandmann, the Covington student, came face-to-face with Nathan Phillips, an Omaha elder, veteran, and activist. What gained general agreement was that tensions had first been elevated by verbal exchanges with another, smaller group identifying themselves as the Black Hebrew Israelites. A few members of that group could be seen subjecting the Covington students to inflammatory language and insults. Thereafter, people have been divided, often along partisan lines, on whether Sandmann or Phillips was the instigator of the face-off. Continue reading

STD Awareness: The HIV Epidemic at Home

In the United States, we understand HIV — the virus that causes AIDS — using a common narrative, one that gives us the impression that its deadliest chapters belong in decades past or distant places. It goes like this:

The disease emerged in the 1980s, cutting down young gay men in their primes and blindsiding scientists as they scrambled to unravel the virus’ mysteries. While AIDS initially whipped up mass hysteria among the general public, LGBTQ folks demanded equality, pushing to find treatments and a cure. AIDS activism and scientific research eventually led to the development of antiretroviral drugs, which tamed the plague by turning a death sentence into a chronic disease. Now, with the right medication, people with HIV can live long, healthy lives. The hysteria has died down, as most people realize viral transmission is preventable, and the infection is manageable.

One thing hasn’t changed, however: Just as it was in the 1980s, AIDS is still thought of as a disease of the “other.” Back then, it was a disease of gay men, a population cruelly marginalized by the general public. Today, it’s thought of as a disease of sub-Saharan Africa, where HIV prevalence is highest.

That narrative, however, doesn’t tell the whole story. Right here in our own backyards, the HIV epidemic continues to spread in the face of chilling indifference from those not affected. African-American MSM — men who have sex with men, who may or may not self-identify as gay or bisexual — have an HIV prevalence that exceeds that of any country in the world. In Swaziland, for example, 27 percent of adults are living with HIV/AIDS, but if current transmission rates hold steady, half of African-American MSM are projected to be diagnosed with HIV in their lifetime. Instead of taking this projection as a wake-up call to invest in lifesaving health policies, however, state and federal responses are poised to let it become a self-fulfilling prophecy.

Contrary to racist and homophobic stereotypes, data show that black MSM aren’t more likely to engage in risky sexual behavior, use drugs and alcohol, or withhold their HIV status from partners. So why are they burdened with higher HIV rates? The answer lies beyond mere behavior, embedded in policies and practices that disproportionately harm people based on race, sexuality, and geography. Continue reading

Brothers in Arms, Part 2: Race and Abortion from Roe to the Reagan Years

This article is our second installment in a series that explores the historical and contemporary links between racial intolerance and opposition to abortion. Previously, this series examined how fears of immigration — and racist notions that associated abortion with the barbarism of so-called “savage” races — fueled the opposition to abortion that led to its prohibition in the late 1800s. This installment examines the social forces that helped racism and opposition to abortion converge again in the first years after Roe v. Wade.

Replica of a banner used at NAACP headquarters from 1920 to 1938

A principle of democracy holds that while majority rule should serve as the guiding force of government, at times it must be reconciled with the rights of individuals and minorities. It was an idea Thomas Jefferson captured in his inaugural speech of 1801:

All … will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail … that the minority possess their equal rights, which equal law must protect.

With that understanding, the framers wrote the Constitution to include provisions for a judicial branch, composed of judges whose lifetime appointments would free them from the pressures of elections and afford them greater independence in their decisions. The branch would serve as the nation’s highest judicial body, above state and local courts.


Before his obsession with abortion and Tinky Winky, Jerry Falwell fought civil rights and integration.


For much of U.S. history, local, state, and federal judicial systems existed alongside another judicial system, one far less formal and conceived not in the interest of protecting minorities, but often in meting out the harshest possible punishments for them. It was the vigilante justice of lynching, sometimes known as Lynch law. Named after the Virginia plantation owner Charles Lynch, it was a form of mob justice that took root in the Revolutionary War era, before an official court system was fully established. It came to mean quick trials that ended in public hangings.

Though lynching was initially used against British loyalists, eventually Southern blacks became the overwhelming majority of its victims. Many Native Americans, Asians, Jews, and Mexicans were also lynched. According to the NAACP, between 1882 and 1968, in the period of racial tension in the post-slavery and civil rights years, 4,743 lynchings took place, and 3,446 of its victims were black. Rather than taking place under the cover of night or in countryside seclusion, many lynchings were staged in broad daylight, even in front of courthouses, and they were often advertised beforehand in newspapers — a blunt assertion of their existence as a separate judicial system for people of color. Though associated with the South, they took place in the North as well. In fact, only a few states — Alaska, Connecticut, Massachusetts, New Hampshire, and Rhode Island — had no lynchings between 1882 and 1968. Continue reading

Brothers in Arms, Part 1: Racist Anti-Abortion Rhetoric from the Restell Years to Roe v. Wade

Newspaper illustration of Madame Restell in jail, February 23, 1878

This article is our first installment in a series that explores the historical and contemporary links between racial intolerance and opposition to abortion, from the fears of immigration that fueled abortion prohibition in the late 1800s to the gender-based hatred rooted in today’s white nationalist resurgence.

In the battle over abortion, Kentucky was this year’s ground zero. In Louisville, the EMW Women’s Surgical Center fought to keep its doors open, as a governor, a legislature, and a base of activists — all hostile to abortion — made it their mission to shut the clinic down. For reproductive justice advocates, the stakes were high, as EMW stands as the only abortion provider in Kentucky, the last one in a state that had more than a dozen such providers in the late 1970s.


In the 19th century, opposition to abortion was fueled by racist paranoia.


The situation in Louisville was emblematic of a national phenomenon. In 2011, state legislatures entered a fever pitch, passing new restrictions on abortion, including ultrasound requirements, waiting periods, state-mandated counseling, and prohibitions against telemedicine care and abortion medications. Within a few years, more than 200 restrictions were enacted, and by early 2016, The Washington Post was reporting that 162 abortion providers had closed in their wake.

Boom Years for Abortion

When Ann Lohman first opened her abortion practice, her experience could not have stood in starker contrast to the battle of attrition against regulations and harassment that shutters many of today’s providers. If there were any challenges to keeping her doors open, it was competing with the many other providers who clamored for attention, with advertisements in newspapers, popular magazines, and even religious publications. Lohman’s own advertising budget, to stand out from the crowd, eventually reached $60,000 a year.

Lohman’s experience, like the EMW Center’s, was a sign of the times — but they were very different times.  Continue reading

After Charlottesville: The Role of Gender-Based Hatred in White Nationalism

Memorial at the site of Heather Heyer’s death. Photo courtesy of Tristan Williams Photography, Charlottesville.

Like many people, I spent the weekend of August 12 and 13 glued to the news coming out of Charlottesville, Virginia, where white nationalists had descended with torches and swastikas for a Unite the Right rally, prompted by the community’s moves to remove a statue of Confederate general Robert E. Lee. At home I watched photos and articles fill my Facebook feed. At the recreation center where I work out, I watched network news on the wall-mounted TV.


The synergy between race- and gender-based hatred has deep roots in the United States.


Hostility toward racial diversity was the driving force behind the rally — and it showed in the racial makeup of the crowds of people chanting Nazi slogans like “Sieg heil” and “blood and soil” — but I also noticed a serious lack of gender diversity as photos and videos circulated. Women were few and far between. However much I kept seeing it, though, I didn’t spend a lot of time thinking about it. I grew up half Asian in a very white community, so seeing the dynamics of race has always come easily to me — and they were taking obvious form in Charlottesville. Having grown up cis-male, though, I don’t always catch the dynamics of gender on the first pass.

Then Monday came, and I was reminded, once again, of how gender played out at the Unite the Right rally. I read news that a white nationalist website, the Daily Stormer, was losing its domain host due to comments it published about the violence in Charlottesville. Continue reading