Queer Theory as a Critique of Society: the Closet and Gay Marriage

A guest lecture at Aoyama Gakuin University

On Thursday, December 14, I went to the Shibuya campus of Aoyama Gakuin University to give a guest lecture in a gender & law class (taught in English).

It was a big class, consisting of approx. 140 students, mostly beginners-level ESL speakers. That made giving the lecture quite a challenge for me since I’d have to speak a bit slowly, make sure everyone knew the words and followed the content of the lecture.

That, in hindsight, was quite an educational experience for me. By keeping things simple and slow, I was able to create a much more relaxed atmosphere than in any of my past lectures. Pauses here and there seemed to give the students the time to process the words I was saying, contrary to my baseless presumption that the more words the easier for them to understand. This made me think twice about my QueerESL videos and vlogs where I am trying to be “edutaining” (educating and entertaining) when that may not always be necessary.

Since I made a handout for the lecture and an outline for myself, I thought I might as well share my lecture here off of them. So, without further due, let’s get to it. (Note that during the lecture I paused several times to explain terms in Japanese and that’s not included below.)


There is a field called Queer Theory. It is a perspective with which you analyze things like literature, film, and social phenomena. We have Race Theory, Disability Theory, Feminist Theory, etc. giving us a variety of perspectives other than the dominant perspective that’s White, middle-class, disablist, male-centric, etc. and Queer Theory is one of them. And I’d like to introduce you to it today.

Please raise your hand if you have never met anyone lesbian, gay, bisexual, trans, or queer——thank you. Well, from now on, you can all say you’ve met one because I am bisexual. Also, my guess is, you also have probably met someone before who is or might be queer. They just haven’t told you yet. They are in the closet, we say in English.

The closet

Now, why do some people stay in the closet? Why do others come out of the closet? People stay in the closet because they are afraid that people around them might react negatively. People come out of the closet because they are hoping that people around them might react positively.

But in both cases, it’s the society’s homophobia and transphobia that’s making us queers choose whether to stay in or come out of the closet.

Now the question is, whose closet is it anyway? I’m here just being myself but the society assumes that I’m heterosexual and cisgender. The society is the one that’s built the closet around me, around all queer people. We never built it. The society did. The closet seems to function as protection from oppression, but we must understand it as oppression in and of itself. The closet is a form of oppression.

We often say it’s okay to be closeted when the circumstances don’t allow otherwise, as if it were up to each queer person and they had the choice. But staying in the closet or coming out of it isn’t a choice at all.

When we talk about LGBTQ rights and politics, we often think about them as a call for choice and freedom. While it’s important to demand rights and gain respect for our dignity, Queer Theory tries to go deeper, even questioning the very ideas of choice and freedom. What social structures make that choice possible? On what assumptions is that freedom based? Those are the kind of questions that Queer Theory asks.

Gay marriage

Let’s discuss gay marriage to see how Queer Theory might go deeper in analysis, beyond superficial praise of the new legal right.

First, is gay marriage a good thing? Many people think and say it is. It gives us so many benefits, right? But let’s pause and ask ourselves again, is marriage a good thing in the first place?

There are so many benefits when you get married: visa sponsorship, hospital visitation rights, the right to medical decision-making for your partner, inheritance, child custody, financial security, healthcare, pension, etc. Gay marriage advocates often mention them.

But the filp side of good things about marriage is exactly bad things about being single. Why can single people not enjoy those benefits? One of the regrets that many queer people have from the AIDS era is that they were often not allowed to visit their friends in hospital rooms——not just partners, but friends. For many queers back then, the traditional family was not exactly understanding or accepting. For them, their queer friends were often just as important, if not more so, as their families. People sometimes have friendships that are stronger than romantic relationships or family ties. The advocates of gay marriage, however, seem to have forgotten the importance of friendship and what it means for queers, but have instead favored and embraced the traditional family values.

The fact that you can only access the benefits through marriage indicates that there are flaws in other social institutions such as the immigration system, medical guidelines, family laws, welfare and social security, which all favor married couples over unmarried couples and individuals. Advocates of gay marriage argue that the fix to those flaws is marriage, that benefits afforded through marriage alleviate, if not eliminate, the problems people may face because of the flaws.

What that ultimately means is that the more problems you face in other social institutions (i.e. the more marginalized you already are), the more attractive marriage becomes for you.

Marriage, in a sense, is a first-aid kit. It has bandage, anti-infectant, painkillers etc. but it’s not surgery. It’s not a cure, it just helps a bit. On the other hand, fixing the flaws in all social systems is like surgery. That costs the government significantly more money and efforts. You see, the government is saving money by having the institution of marriage in place.

What’s really happening here is transfer of government responsibilities to people’s private, family life, giving the family the burdens of child care, elderly care, care for people with disabilities, financial support, etc.——things that should be afforded through the welfare state that most nations claim to be.

Marriage is a diversion——don’t look at those problems, just get married and you’ll be fine. Now, what does that make gay marriage? Gay marriage is a diversion even one step further.

Now, to make matters even worse, not all marriages are happy, and you may not get all the benefits anyway. First of all, we have big issues, within the family, of domestic violence and child abuse, be it physical, mental, financial, or sexual. Financially, your partner may lose their job, you may lose yours, you may be working for a bad company that doesn’t give social insurance to its employees, or your partner may even have debts you know nothing about, which you will nonetheless inherit just like you would inherit their assets.

Another thing to note is that the benefits of marriage are potential disadvantages in the case of divorce. Your partner may threaten to divorce you and take your visa away. I know of a woman who was unable to leave her violent husband for a long time because she was on a spousal visa. Your partner may also say things like, “you cannot possibly leave me and live on your own. You have been a housewife for years.”

See, marriage is a bad promise. It’s fraud that the government uses to deflect people’s attention from all the problems in other social institutions. Instead of trying to make gay marriage happen, therefore, we need to fix the problems in the entire systems, so that the benefits of marriage as of today will be afforded, not through marriage, but directly through each of the other systems.

That is just my opinion. Now that you’ve learned the perspective of Queer Theory, you can reach your own. That’s the end of my lecture today. Thank you.


Below is the handout provided to the class. (Everything is written in full sentence, as advised by the host lecturer, to provide a recourse for students who have difficulty understanding spoken English.)


(This post was originally published on my Medium site.)

If You’re Not To Marry, Everyone Else Makes Sure You Want To Die

For those in the progressive circles who’ve always seen the radical queer left and their anti-(gay)marriage politics as mere hindrance, or even a pain in the ass, the news of gay marriage legislations (possibly) lowering LGB suicide rates among the youth probably comes as a belated surprise Valentine’s Day gift. Now that gay marriage has proven to deliver real benefits to not just upper- and middle-class working-age gay elites but also young lesbian, gay, and bisexual folks in general, we can finally say that gay marriage was the right cause, that it was just as good a priority as it had been proclaimed and advertised, right? No?

Well, I’m not gonna lie. I am very happy that more queer youth are finding life less painful, that they can now imagine a better future for themselves, so much so that the thought of killing themselves doesn’t occupy as large a portion in their mind everyday as it did before. What a wonderful outcome. There’s no doubt about that.

It hurt me, however, to see this news and have to digest the obvious fact that nothing really has changed. Yes, gay marriage and its campaigns have probably lowered queer suicide rates. Yes, laws can be powerful like that. But isn’t it also true that we still live in a society where being unlikely/unable to marry equals being second-class citizen? What the lowered suicide rates really demonstrate is that our culture is such that if you are not to marry, everyone else makes sure you want to die. And that culture lives on.

Same-sex partners may have now joined the likely-to-marry clique, where most heterosexual folks have celebrated, affirmed, and justified each other and never questioned their values. Welcome to the club. You’ll stick around, because you can now legally marry but you’re no legally blonde.

Elle, protagonist, saying "Oh, OK. I'll just leave, then" while smiling awkwardly, after being rejected by her classmates at a study group session.
A scene from Legally Blonde (movie). Captured from YouTube

The Privilege To Say ‘I Don’t’

As I was going through the daily routine of browsing Facebook & Twitter, I found a NYT article, Gay Couples, Choosing to Say ‘I Don’t’, the title of which caught my eye, as I oppose the institution of marriage, and the like-minded people who shared the link in FB/TW seemed content with anti-marriage opinions circulating at last in the mainstream media. Excited, I read on, only to be disappointed, but in a way that was quite unexpected, by the elitist tone of the article.

Whose reality?

The article captures a variety of anti-marriage voices from lesbian, gay, and transgender individuals, most of which I agree with. Yes, the arguments made there are quite convincing and reality-based. But I wonder, whose reality are they based on, really?

The voices quoted in the article are coming from these people: restaurant owners (Brian Blatz and Dan Davis), an artist in New York (Sean Fader), a couple living in Brooklyn (Stephanie Schroeder and Lisa Haas), current and former university professors (Jack Halberstam & his partner, Catharine Stimpson, John D’Emilio, and Mary Bernstein), a retiree (Jim Oleson), a filmmaker (John Waters), a singer-songwriter (Erin McKeown), an East Villager (John Carroll), a New York Medical College student (Eric Routen), and two persons whose backgrounds aren’t disclosed to the reader.

Except the couple in Brooklyn and possibly the artists, the persons/couples quoted/mentioned in the article are mostly on the affluent side of the entire queer population. This socioeconomic bias is especially appalling when you think about the massive activist work that has been done by organizations like Queers for Economic Justice who have maintained close connections to the working-class and homeless people.

I don’t need it, but you may need it

What was most striking about the article for me is, I think, the lack of empathy, or some sort of attentiveness, expressed by the interviewees or the editor for those who do need to use the institution of marriage.

John D’Emilio “sees no need” to marry. Brian Blatz and Dan Davis “[see] little point in marrying.” Jack Halberstam doesn’t “feel the pressure to marry.” Mary Bernstein and Nancy Naples “see little tangible benefit in marrying.”

As someone who has witnessed marriages and divorces in the family, neighborhoods, and friend circles, I know for sure that people get married for various reasons and that there is so much risk-management going on in their minds. And for many people, there does exist a little need, benefit, or point in marrying, and it is a little more complicated than just “the need for external validation” that Mary Bernstein says people wishing to marry have.

The institution of marriage, in complicity with other social institutions such as border control, healthcare systems, social security, etc., is made so that it creates such need, benefit, and point in marrying. Marriage is a package product of the government-owned minority-targeted business in which the flaws and failures in other governmental systems are covered up and kept intact, preventing radical transformations in them and thus saving money.

In the article, Stephanie Schroeder says, “I don’t want to deny anybody the right to marriage,” but marriage is not, and has never been, a personal matter of choice. As opposed to Catharine Stimpson’s idea that “[h]aving the choice doesn’t meant [sic] you have to do it,” having the choice really makes you and almost everybody around you feel that you have to do it.

So basically, the more marginalized you are by the multitude of social institutions, the more point you see in marrying. In the institution of marriage, the most privileged are not married people or heterosexual people, but those who do not see much of either gain or loss from marrying or divorcing, and thus can choose or choose not to marry and divorce when they want to.

The interviewees having or seeing no need, benefit, point, or pressure to marry, therefore, is itself a privilege, the privilege to say “I don’t.” And what’s puzzling is that, these people seem like the kind of people who care about equality, liberation, and stuff like that, and yet they do not sound ashamed or humble at all about this privilege of theirs.

John Waters is quoted to say, “I always thought the privilege of being gay is that we don’t have to get married,” which sort of resonates with what I think about marriage to some degree. But instead of treasuring or protecting that privilege of not having to get married, we must extend that insight to an actual distribution of the privilege to those who do not have it.

Again, marriage is not an issue of personal choice. We must abolish marriage, or at least the form of marriage as we know it today, and by that I mean, abolish the entire social system that creates the need, benefit, and point so that marriage will have no meaning at all.

Queer Anti-Marriage Movement vs. LGBT Alternative Marriages

Another thing I noticed is that, not only are the voices in the article overlooking other realities, the realities of people who do or can marry, the overall tone of the article gave me the impression that the history of feminism is being simplified, and that the roles of women, feminist and married or divorced, in it are simply erased.

Mary Bernstein is quoted in the article to say

For people in the ‘60s, ‘70s and ‘80s, there was a feeling that L.GB.T. [sic] people can do better than marriage, that relationships can be more egalitarian” when built around untraditional families

Is our queer anti-marriage movement based on the idea that non-LGBT people’s opposite-sex marriages are traditional and thus less egalitarian than that of LGBTs?

So many women, married or single, have fought for women’s rights, for both married and single women. We also know that many of the feminist efforts, including anti-marriage ones, that have existed have been made or joined by a huge number of married women.

If relationships built around untraditional families are going to be more egalitarian, and that is considered better than marriage, what does that make married couples? Are they fools who once felt “the need for external validation”? Were they so weak that they gave in to the social pressure? Or, are they just unlucky to have that bit of need, benefit, or point because they are marginalized in this society the way they are, unlike the people interviewed in the article?

No. Our movement must have at its core, along with our queer voices, the voices of heterosexual and bisexual individuals whose life has been, is, or can be greatly affected by the fact that they can choose to marry. And that means, we are looking to make a large-scale social transformation, the scope of which must include immigration, prison, poverty, sexism, disability, health, aging, taxes, labor, and many other things that affect our lives every day. And that is not just for queer people. Not just for single people. Not just for legal citizens. And not just for people waiting to say, “I don’t.”

Stop the Arrests! PERMANENTLY!

At SWAAY I found out about this new campaign calling for a moratorium on arrests etc. of sex workers until the end of the Olympics.

Stop the Arrests Campaign is calling for a moratorium on arrests, detention and deportation of sex workers in London with immediate effect until the end of the Olympic Games.

But what happens after the end of the Olympics?

Yes, those “clean up efforts” suck. But loosening the law enforcement for a short period of time can be as dangerous to sex workers as tightening it up for a short period of time.

In my opinion, these things may happen.

GOOD:

  • The existence of sex workers will be more visible to people than usual, INCLUDING the massive number of athletes and tourists in town. As the number of potential customers will rise (increase in demand), sex workers will have greater bargaining power, which means higher prices.

BAD:

  • This will generate a tourist fascination——the “London + Olympics = Paid Sex” image——, from which London and the Olympic Association will ultimately benefit.
  • As sex workers will feel safer walking around and picking johns, the police will have a greater chance of collecting information on sex workers’ profiles, whereabouts, and services, which all will be useful as soon as the moratorium is lifted at the end of the games.

My primary concern is the second point about the police. I believe that this moratorium, if carried out, needs to be a permanent policy. This isn’t an absurd idea. Some cities do have permanent policies not to arrest sex workers while the law remains that prostitution is criminal. I don’t see why this can’t happen, or why the people doing this campaign do not expect it to be possible.

A Talk with Prof. Chalidaporn Songsamphan

This article appeared in CGS Newsletter, Issue 12, Center for Gender Studies, International Christian University. HTML / PDF

Pornography

Chico Masak (CGS staff, CM)

What would you say your stand on pornography is?

Prof. Chalidaporn (SC)

I think we should look at pornography as a form of sexual fantasy, which each individual should have the right in their private time to enjoy. But the problem is, when you look at pornography in detail, you’ll see complex relationships between pornography and so many other things. And pornography itself is so diverse. So it is very difficult to have a stand on it. Instead, you have to look at particular cases and details. You’ll probably have a different stand on each one. We tend to want some kind of theory or explanation to which all similar cases can be reduced. But it doesn’t work that way. We have to be very specific with everything.

CM

Do you think there should be any difference between the way we see pornography and its problems and the way we see other forms of art like painting?

SC

For me, there should be no difference. But the problem is, sex has a very special meaning in our culture. Pornography is looked at very differently, and I don’t think that’s a good idea. Remember Foucault’s example of punching someone in the face and inserting a penis into a vagina. These two acts have totally different meanings because of the position of sexuality in our cultural consciousness.

Defining Pornography?

CM

But pornography itself can be quite fuzzy in definition. For instance, it is not clear if the comic genre, boys love a.k.a. BL or what’s called slash, is pornography or not. It certainly serves that function for some people. So there’s always this demarcation problem of what’s porn and what’s not.

SC

The line, constituted through our understanding and interpretation, is actually moving all the time. Whether something is pornographic or not totally depends on how you look at it. Anything could be pornographic.

CM

But how do we negotiate with other views on pornography?

SC

We should acknowledge that various different interpretations exist. People like Catherine McKinnon and Andrea Dworkin tend to prescribe certain beliefs, saying, this is good and this should be like this. We should stop being judgmental and recognize the differences first, and then, the question is, how are we going to live with those differences?

State Power v. Critique

CM

Legally speaking, do you think there should be any state intervention in the distribution of pornography?

SC

The problem is, the state would need a very clear definition of what is porn and a strong idea about what we should do about it. When you have this kind of clarity, it closes the doors to other possible interpretations. That’s the problem with law. No debate. No negotiation. What a dangerous society! People should be able to talk about sex as a social activity. We should leave room for argument and discussion.

CM

Then what can we do as individuals to fight such representational injustices?

SC

I think the most important thing is to express your opinion and disagreement with the particular phenomenon. Just because you respect freedom of speech, it doesn’t mean you cannot say anything against pornography. You probably want to take an element or two from the work in question and express your discomfort with them. As for child pornography, some people say they don’t agree with the element of forced sex. And if someone disagrees with you, then they have to come up with their own argument, some reason, against you.

Child Pornography and Feminism

CM

I wonder what difference there is between the anti-child pornography that’s going around today and the anti-heterosexual pornography movement by MacKinnon and Dworkin. When I wrote the article, “Child Pornography and Feminism” (CGS Newsletter 011), I said that we were sort of jumping on the bandwagon to search for a quick, legal solution to child pornography. And there’s not as much opposition to it as there was to Dworkin and MacKinnon when people thought that there was no problem in pornography. Today, when it comes to child pornography, we sort of assume that it’s something inherently bad and we don’t really question our thinking. We should ask ourselves, is representation problematic or not?

SC

Yes, but you have to look at this issue very carefully. The existence of child pornography aggravates many middle-class people because the middle-class sexuality believes in the category of “children” as sexless, so pure and sexually innocent that they need to be protected in order to mature–and that’s a myth. Many laws have been passed because they were allegedly for the purpose of protecting children from sexual abuse by adults. The problem is, no one really cares about how we define the category. Feminists have been questioned numerous times to the extent that the identity category of “woman” itself has ceased to be convincing. We should question the category of children, too, asking, how do we differentiate between children and adults? There is no clear-cut definition or indicator that we could agree on. So when you talk about child pornography or child sexual abuse, people at the same table most likely disagree on many points. They probably have totally different images of children. Going into details like this can be a very threatening experience for the middle-class, and that is why it is so easy to put forth policies and laws “for the good of children” because you’ll most likely convince the middle-class.

CM

Yeah, like Megan’s Law and Jessica’s Law in California. By the way, when I think of child abuse, I always think of the law in the U.S. back in the 1890s, which said that a wife had to serve their husband sexually whenever they were required to. I think the motivation for working towards the prohibition of child pornography is the concern for the power relation between adults and children. Then, why shouldn’t it have been illegal for men to have sex with women when there was a huge difference between what men had and what women had in terms of power…

SC

I think, to them, consent is the most important indicator for differentiating forced sex from consensual sex.

CM

But if we accept that children cannot consent because of adult-child power relations, women must also have had no ability to consent due to harsh gender inequality.

SC

Actually, liberal thinkers and philosophers did not really think that women could consent. John Locke, for example, said women and children did not have the ability to reason, and that they must be represented by the male head of the household. It must not even have been a tiny problem for those liberal thinkers because they were not looking at women as the right bearers in the first place.

CM

It’s very interesting because now we understand that children and women are both put into the same category as immature, deprived of rights, and nonconsensual, but…

What Kind of Sexual Diversity Are You For?

Naomi Suzuki (CGS staff, NS)

But women have no protection from the middle-class. What could be the difference…?

SC

What you said is another concrete example of the diversity of the ways people look at sexuality, because many people can accept many things that may contradict the hegemonic sexuality, but there are so many other things that they are still upholding. So when people say they are for sexual diversity, you should ask them what kind of diversity they’re talking about. People say heterosexual pornography is a form of sexual fantasy, and that we should allow individuals in our society to have the right to freedom of expression and freedom to consume it. But as soon as those individuals start to prefer child pornography, they are denied the same right. Many of us fail to see the contradiction here.

Activism of Our Time

NS

To me, it seems like you two have very similar takes on this issue. What would you say is the difference between both your approaches? Like when you actually take action…

SC

If we have to decide to take action, our stands might be different or very similar–it depends on the specific case. The point I’ve tried to make today is that we can be inconsistent because when you look at pornography in a very specific way, each case has its own meaning since each case has its own details. You cannot use the same theory to explain them all. You can be anti-censorship AND disagree with the acts you see in child pornography. I think that’s one of the strengths of social movements of our time–people can work together when they agree with each other, but when they don’t, they don’t have to, or they can still agree to disagree. Given such flexibility, we have to think carefully, define what we are talking about, and ask other people what they mean by, let’s say, “child pornography” because they might be thinking of different things when they seem to be talking about the same thing.

NS

The World Congress III and advocate groups seem strongly united with one another. But each member of these groups must have different opinions and definitions of child pornography, right?

SC

When they do political activism, they may suppress different ideas within themselves. But if you just let them work on that and draft a certain law, the differences will come up anyway. When their ideas become concrete about the issue, they will start fighting because drafting a law creates lots of debates. And at that stage, people cannot overlook the obvious disagreement among them.

CM

Well, it’s been very fun talking to you, Dr. Chalidaporn.

SC

It’s been fun. Thank you!

Child Pornography and Feminism

This article appeared in CGS Newsletter, Issue 11, Center for Gender Studies, International Christian University. PDF

At the World Congress III Against Sexual Exploitation of Children and Adolescents on November 24, 2008, an international agreement was reached that all participating countries would undertake to criminalize the possession of child pornography including cartoons (animation, comics, 3DCG, etc.). Many countries prohibit the production and sale of child pornography to protect children from the exploitation and violence considered inherent in non-consensual acts in which, given the adult-child power relation, children inevitably engage as soon as any adult is involved in their sexual activities. This agreement extends the watch on child pornography and makes illegal even the possession of child pornography in cartoon form. They argue that, regardless of whether real children are involved or not, child pornography affects the ways people view children and its prevalence can lead to overtly and excessively sexualized images of children. That is, not only do the children involved suffer physical and psychological harm through non-consensual acts, but also the representation of children in pornography, though indirectly, increases the harm inflicted on real children.

C. McKinnon and A. Dworkin argued that pornography targeted at the heterosexual male population, which most pornography is, not only reflects societal gender power relations but also perpetuates and reinforces them by depicting women in degrading ways and, ultimately, creating what I would like to call “irrigation canals of desire.” As a queer feminist, I am tempted to say any kind of desire should be respected however deviant or condemned. But as a queer feminist, I am more concerned about the irrigation of desire that precedes and provides for the formation of desire into homosexuality, pedophilia, etc., and most likely, heterosexuality. Within the system of the irrigation of desire exist complex forms of representation of differences based on the existing power structures (e.g. gender, race, ethnicity, age, class, physical features and dis/abilities). This is not to say that a form of desire that (necessarily) depends on social injustice must be “wrong,” nor do I intend to attack those who have such desires—-in fact, marginalized desires such as homosexual and pedophilic desires are not any freer than heterosexual desire from the norms. My intention here is to suggest that desire is not independent of the social and cultural.

When these two feminists brought to the public the issue of male-targeted heterosexual pornography, most people, however, just laughed at them, saying pornographic representation of women was not harmful at all. Now, why shouldn’t they have been joined by as many supporters so quick and willing to use their resources to protect women as anti-child pornography advocates recently did to protect children? The only difference between them is that the two feminists cared about women, young and old, black and white, Asian and Jewish, disabled and able-bodied-why did the public think that women should be allowed for public display of any kind? And ultimately, is representation problematic or not?

“What exactly do you mean by pornography?” asked anti-feminist libertarians and some feminists in response to McKinnon and Dworkin, but the intention of the latter group was to shed light on the possibility of subversion from within the existing power relations. Pornographic or not, representation has no control over the ways an audience interprets the material. Isn’t a painting of naked angels child pornography when somebody masturbates to it? Judith Butler argues in Excitable Speech: A Politics of the Performative that although, or precisely because, desire is not independent of the social and cultural, quite the contrary, it is exactly within the normative codes of the representation of desire that subversion can take place. The demand for regulations such as censorship and lawsuit, which McKinnon and Dworkin held as their primary objective, is an appeal to state power that is to be granted monopoly over representation of the subject matter, now ready to redraw the acceptable/unacceptable line of sexualities (which has historically oppressed so-called ‘deviant’ sexualitites). That way, we will foreclose the possibility of seemingly (hetero)sexist pornography being received by the audience in unexpected, sometimes queer, ways that might rescue the residual complexities that have been filtered out during the process of representation which can never grasp that something in full. After Butler, many feminists now view anti-pornography arguments as somewhat still powerful yet highly questionable.

Now we must turn back to child-pornography and ask, is the anti-child pornography sentiment, shared by many today even globally, also as problematic as anti-pornography feminism? Why are we ignoring the long history of feminist debate on pornography and jumping on the bandwagon to search for a legal solution to child pornography? Why was the public so reluctant to acknowledge the issue of the degrading representation of women, resulting in abundant debate and the development of feminist discourses, while they are so quick to acknowledge the issue of the sexual representation of children without questioning even a tiny bit of it?

Child Pornography Law in Japan

(This is a repost of an old blog.)

Child pornography is one of the most controversial topics to blog about, especially when a blogger is openly “queer” like me. The long-standing stigma and (wrong) stereotype of homosexuality is that homosexuals are pedophiles. And today, I assume that anyone intellectual enough or marginalized enough can tell the difference between the two. But what I am concerned with right now isn’t the problem of stereotyping homosexuals as pedophilic. I am concerned with how anti-regulation sentiments against restrictive laws regarding child pornography could be both queer (in terms of protecting the right to privacy of queer people including pedophiles who may or may not act on their desire (of course, child molesters and abusers do and should receive legal penalty for their action)) and hetero-male centrism (in terms of only defending pedophilic male heterosexuals‘ right to assume spectatorship in the realm of sexual display). And I’m appalled at how hard it would be if I tried to make and keep it queer since mainstream anti-restrictionism usually goes with the flow while the “flow” is always invariably in favor of heterosexual males.

I must admit that I am against the laws that make it punishable to possess child pornography. There are so many things in what anti-child pornography activists say that I agree with; for example, I agree that as a society we need to protect children from harm, that child abuse and molestation are cruel crimes that occur at every site of creating live-action child pornography, and that producing, distributing, and earning money by selling child pornography should not be done and should be prevented by all means. Period. Production of child pornography is always accompanied by some kind of sexual activity between the child and the crew. Getting money out of such products is totally unethical and unacceptable, just like it is to sell a video specifically intended to entertain viewers in which real murder takes place. Also, distribution of child pornography without earning money from it is problematic because it violates children’s privacy and their right not to be publicly exposed without consent, the violation of which puts them in jeopardy in psychological terms and their social life ahead. But watching child pornography for excitement does not push such injustices any further. Yes, the gaze that they direct at children in pornography might be very twisted and disturbing to some people, but that does not and should not constitute a legal ground for punishing consumers of child pornography. Punishing them does not reduce the number of actual sexual abuse/molestation cases because for the most part, a child molester is the victim’s relative such as a father, uncle, and cousin or acquaintance such as a neighbor, sport team coach, and teacher–and they are usually the same people who make child pornography by videotaping their abusive activities.

So if child pornography is growing, spreading, circulating and ever increasingly easy to obtain and possess, especially because of the Internet, then what we should do is to enforce the laws prohibiting sexual abuse/molestation and distribution of child pornography (profit or nonprofit) in stricter ways, not to bust consumers totally uninvolved in the process of production or distribution of whatever pornographic product he or she may have and enjoy (if they are involved in production and/or distribution, then they must face penalty according to the laws prohibiting those actions, putting aside the fact that they possess child pornography). Gaze cannot be controlled by the state. History alarmingly tells us that when it comes to “fixing” or deflecting deviant sexualities, no attempt has been successful. So in order to protect children from harm, I would suggest the followings: (1) to make harsher the laws against production and distribution of child pornography, as well as, of course, child abuse/molestation where pornography is not produced, (2) to supply some kind of alternative–and I’m thinking about animation or 3DCG pornography–to people who have relied on child pornography for sexual satisfaction and would not be able to access it because of decrease in number of child pornography available in store or on the Internet because of the laws with (now) harsher punishment, and (3) to better educate children, parents, teachers and citizens on child abuse/molestation: for example, teaching protection tactics for children and offering prohibitive workshops for parents to help them understand that their child’s body belongs to no one but the child him/herself and that even if the child seems to enjoy it while having sexual interactions with them, it might leave deep scars in their mind for decades that sometimes cause flashbacks and emotional confusion.

Those things are what we need to do in order to really protect children from harm. In other words, as a society, they are the only ways that public administration can interfere in the matter of sexuality. Criminalizing possession of child pornography, or in other words, criminalizing possession of pedophilic gaze, should not be the answer. Such restriction on having certain desire would be based on the categories of sexuality, which has its history (remember the sodomy laws and spousal exemption in rape laws which honored and advantaged male sexuality within marriage). Instead, we need to focus on reducing real harm like child abuse, molestation and violation of children’s privacy.

(We, however, must not forget that what can be done legally is not all we can. Critique can play a significant role in opening up the ways that we critically interpret, evaluate, and judge child pornography in non-restrictive ways. It can produce many counter-arguments against the ways children are portrayed and represented in child pornography without appealing to state power that might enact censorship or criminalize possession of child pornography, which would give them monopoly over cultural representation of children’s sexuality.)

The above is the argument that I made in my other blog in response to the Japanese parliament’s reformative proposition of child pornography laws. The World Congress III Against Sexual Exploitation of Children and Adolescents (November 24, 2008) reached an international agreement that all participating countries would undertake to criminalize the possession of child pornography including cartoons (animation, comics, 3DCG, etc.). The parliament decided not to include bans on possession of animation/comic/3DCG child pornography in the bill but apparently they wanted to. Fortunately, though so for only a little while I guess, the parliament is going to be disbanded pretty soon and all the bills currently up will be turned down. But I’m sure the bill will come back on the table sometime soon if not immediately. So I made a Twitter account (LINK–requires Japanese language compatibility) specifically designed to deliver related news, articles, academic papers and blog entries that I think will bring some insight for people who find the bill dangerous.

Fortunately (or unfortunately, as I will explain later), there are so many people on the Internet that explicitly protest against the bill. Online forums are flooded with anti-reform comments including ones celebrating the disbandment of the parliament. This seems like a phenomenon that Cass Sanstein calls “cyber cascade”, creating echo chambers and accompanied by another phenomenon called group polarization. That means, for example, people first respond to something (like a news article) and search on the Internet using terms such as “problem child pornography reform” and “importance child pornography reform,” but putting words like “problem” and “importance” in the search box already reflects their initial response to the news, and websites that show up are the kind of websites that they wan
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to read, allowing them indulgence and interactions with other people who also hold the same or similar views with them, which makes it more likely for them to agree with each other and believe that their opinion is flawless. And that sometime leads to extremism.

But there’s nothing one can do to prevent or stop a cyber cascade once it’s started. But several attempts have been made to slow down cyber cascades, among which the most relevant would be this. When anti-feminist backlash gained so much popularity and some influence on real politics between 2002 and 2005, a famous blogger and friend of mine, Chiki Ogiue, created a comprehensive web page (Japanese) where he provided correct information about feminism and what was called gender-free movement, the two of them being two different things while overlapping each other in some aspects. And the web page became good resource for Internet users to bring up in online forums and use for better understanding of what was going on. Chiki thinks that the decay of the online backlash in 2005 had nothing to do with the web page, but it definitely played a role.

But the question is, why is it that cyber cascades in Japan have never happened in favor of feminism or queer activism? Putting aside the problem of cyber cascades being misinformed and narrow-minded, how come we have never had a feminist or queer cyber cascade? It’s easy to imagine that such a thing would be similarly misinformed and narrow-minded, but let’s just say it’s okay for a moment and ask, why always conservative? Because it’s easier for the average person to be conservative? Because conservatism can be spoken about in everyday language and thus easy to jump onto? Maybe because many feminists and queer activists are not brave enough to take a definite stand but willing to take time to take into account more things than they can handle within the length of their life? Well, I don’t have any answer. In fact, it could be very dangerous in many ways when a cyber cascade of that kind (feminist/queer) occurs; for example, one particular feminist idea might be picked and celebrated in the cascade, whose opposing idea, also feminist, is completely discarded and disrespected by those flowing in the current of cascade. Or, perhaps more probable is that some feminist idea gets picked and all the queer ideas (even ones shared by many feminists) are ignored, or vice versa. So it might be a good thing that there’s no feminist or queer cascade.

But the Twitter account that I opened is my attempt to somehow create a queer cascade, or more precisely, make the anti-reform cascade currently going on into a queer one–or, if that’s just too optimistic, just put a little bit of queer twist into the cascade. And I am doing this because (1) now is one of those rare times that there is a huge flow of ideas that some (but not all, I know) feminists and queer activists can actually agree with and there are so many people who support the ideas, and because (2) without queer intervention, the anti-reform cascade would most likely end up being yet another heterosexist, male-centric defense against egalitarianism that attempts to protect marginalized people (women, children, foreigners, disabled people etc.) from erotic male gaze that has historically been by all means defended and even promoted by various cultural artwork, especially pornography. So what I want to do is to make people in the cascade realize that what they are doing is not, and should not be, only to protect male heterosexuals’ right to have pedophilic fantasies, but also part of a larger movement of queer and feminist nature and thus supported by queer and feminist theories, whether they like it or not.

I myself personally couldn’t care less about male heterosexual fantasies about young girls. I wouldn’t raise my voice and say I’m against the reform bill if that were the only thing we are going to defend. But I’ve gotten my ass up, thinking that this attempt, if successful, would create a society a little bit more inclusive of our queerness. In other words, what I am trying to do is to use the cascade for the sake of queer mobilization.

I don’t know if that’s gonna work. I don’t know if other queer activists and feminists will agree with the idea. So, yeah, wish me luck.