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Christine Littleton
Law
Christine
Littleton comes pretty close to being all things to certain
people. She’s a UCLA law professor, chair of the
Women’s Studies Program, and the interim director of the Center for the
Study
of Women. Littleton is also
part of a tightly interconnected cabal of feminist radicals (both
lesbian and
straight), who are current or past UCLA Law and UCLA Women’s Studies
professors. Like her Women’s Studies (and Anthropology) colleague
Karen Brodkin, Littleton is a
militant late-life lesbian feminist. As
would surprise no one, she teaches a
narrow band of feminist-agenda courses: women and the law, sexual
harassment,
and feminist legal theory. Feminist
professor Sondra
Hale can’t be left out of this spider web; like Brodkin, she
splits her time between the Anthropology and Women’s Studies
departments.
Another set of
connections binds
Littleton, Hale and (famously lesbian) UCLA alumna State Senator Sheila Kuehl. Kuehl and Hale were both part of the
California
State University, Long
Beach Women’s Studies department in the early 1980’s, with Hale the
department
head and Kuehl part of the department faculty. CSULB’s
Women’s Studies department was attacked in
1982 by the
California chapter of the Eagle Forum group for allowing sexually
deviant
teaching and an overarching agenda of promoting lesbianism. The fallout from the episode saw Hale depart
CSULB in 1987 for a job at California State University, Northridge,
while Kuehl
moved on to found, with none other than Christine Littleton, the
California
Women’s Law Center. Littleton, a 1982
Harvard law degree recipient, began teaching at UCLA as early as 1983
but was
an active force at the Law Center (winning a case alongside Kuehl) as
late as
1991. Kuehl, herself a 1978 Harvard law
degree recipient, was an administration figure at UCLA beginning in
1969, and taught
as a UCLA law professor in the mid to late 80’s. In
1994, Kuehl began a successful political
career, winning a state Assembly seat in 1994 and advancing to her
current
Senate position in 2000.
As noted,
Littleton has made her academic bones through her work in feminist
legal theory. Rather than present a dull
description of
what the occupants of this academic cubbyhole actually produce (mainly
ideas,
being that this is theory,) it’s more instructive to see what
Littleton’s
actions have meant on the ground. The
California Women’s Law Center, represented by co-counsel Littleton and
Kuehl,
won a 1991 child custody case in Ventura County by convincing a judge
to
disregard as a
factor in deciding
which parent would win custody, the mother’s lesser wealth relative to
the father’s.
During her
career, Littleton led a group (the Coalition for Reproductive Equality)
which
argued that, counter to an ACLU-dominated faction of feminists, women
should
receive special benefits when pregnant. The
idea represented a split between the concepts of equality
feminism (women should have
exactly equal rights with men) and what might be called practical
equality. This contrasting idea argued
that, in certain areas like pregnancy, women would need special
accommodations
to retain an equal status with men. The
1987 Supreme Court case California
Federal Savings and Loan v. Guerra, essentially
decided
this issue in favor of these “difference feminists.”
Building upon this precedent, Littleton
publicly suggested that year that the government should “pay
mothers the same
low wages and generous benefits as most soldiers.”
Littleton’s
concern for mothers and babies was less evident in 1993 when discussing
the
emerging case law about the murder of pregnant women, or criminal acts
that lead
to the death of an unborn child. Littleton
archly informed The
Press-Enterprise of Riverside, California, “The more you engage in
this
fantasy – and it is a fantasy – of thinking of the fetus as a separate
person,
then it’s possible to envision all kinds of horrendous encroachments on
the woman.” Subtext: if we charge a
pregnant woman’s killer
with two murders, then that might give an inch to people who don’t like
abortion. And then they might take it
away. We must have the
precious!
Further
cementing the impression of Littleton as a women-first, indeed, an only-women-first ideologue, were her
dismissive comments about another emerging area of law.
In 1991, when a California woman in an reciprocally
abusive relationship murdered her
husband, it sparked questions about the legal accommodations made for
battered
women: special rules of evidence, relaxed standards for admission of
that
special evidence, and more. In the
California case, it was common knowledge that both husband and wife had
been physically
abusive of one another. This opened the
door to a fair question: if the battering husband had killed his
battering wife,
would he have been granted the same evidentiary privileges as those his
wife
exercised?
In the June 30,
1991 Los Angeles Times, Littleton
practically sputtered with rage at the very idea. Noting
that the spousal-battery evidence laws
were “very recent,” Littleton bemoaned the fact that “people are
already asking
whether the law might be written too much with women in mind.” Warming to her theme, Littleton cast the
question itself as
“a more subtle
form of sexism. Centuries of laws were
written from men’s perspective
and nobody paid any attention. A very
few are written from women’s perspective and people are already
worrying if
it’s gone too far the other way.”
Littleton’s
argument was based on
the grim philosophy of the lowest common denominator. We
think you men got yours in the past,
Littleton says, and now it’s high time for we women to take ours. This type of moral bankruptcy, each group
grasping
for all it can get, is depressingly
familiar to anyone who, for example, has attempted to debate the issue
of
affirmative action with one of its beneficiaries. But
there is a simple alternative to this
depressing philosophy of all-against-all. If
our nation’s laws are indeed so overwhelmingly
male-centric, perhaps
Littleton could direct a certain amount of her apparently prodigious
energy
toward altering them into a state of gender equality.
Alas, the prospect of this looks dim.
Rather than making things fair for everyone,
Littleton
endorses the idea of a legal code that pre-selects winners and losers.
With very few
exceptions, Littleton has never been involved with anything outside of
her
tight sphere of women’s, feminist, and lesbian politics and academics. Here and there, Littleton
has signed radical
petitions: one against the confirmation of now-Supreme Court Chief
Justice John Roberts, and an earlier letter urging Senate Republicans
not to
exercise the ‘nuclear’ option of eliminating the right to filibuster
judicial
nominations. Littleton even signed a
petition against the prospect of the first federal execution in decades. But these are exceptions.
Littleton’s concerns and activism revolve almost
exclusively around her lesbian feminist identity. To
nobody’s surprise, Littleton supported a
2003 law professors’ letter against the proposed constitutional ban on
same-sex
marriages. And in the area of racial
preferences, she signed both an anti-SP-1/SP-2 resolution, and signed
on to the
2001 BAMN (By Any Means Necessary) declaration in support of
affirmative
action. In fact, her ardor for
preferential admissions even drove her to serve as co-counsel in the
(thankfully) eventually unsuccessful
lawsuit seeking to overturn Proposition
209. You have to hand it
to Littleton and her fellow travelers: they’re not afraid to do through
the
courts what they couldn’t manage at the ballot box.
Then again,
that’s the problem with much of the legal world today. The
preeminent role of the judiciary is
slowly making a mockery of elected officials’ actions, and worse yet,
the
specific the will of the people. Professor
Littleton is unfortunately a leading practitioner and theorist of this
new
manner of conducting our nation’s business.
As in the case of Littleton’s Law School colleague Gary Blasi, one presumes this is not the kind of
leadership that
Chancellor Albert Carnesale would want to mention in UCLA fundraising
letters.
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