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Social Sustainability and China’s One-Child Policy

Michael Gordon

 

In 1979, the National Population and Family Planning Commission of the People’s Republic of China enacted the “Population and Family Planning Law,” which is known to much of the world as the “one-child policy.” This law states that, under normal circumstances, Chinese married couples may give birth to and raise only one child. The law was implemented to bring the country’s swelling population under control; China is the most densely inhabited country in the world, with a current population of more than 1.3 billion (The World Bank, 2012, para. 1). The Chinese government estimates that, had the one-child policy not been implemented, China’s current population would be closer to 1.7 billion (National Population and Family Planning Commission of the People’s Republic of China, 2011, para. 6). The government believes that it would not have been possible to accommodate such a quickly ballooning society had the trend been allowed to continue. Providing food, adequate living conditions, and employment opportunities for such vast numbers is far beyond the scope of the country’s social and economic institutions. This population reduction tactic was applied with the intention of creating a more sustainable People’s Republic of China.

Sustainability is a subject that can be approached from multiple angles and has many speculative definitions. One of the more widely recognized classifications of sustainability is denoted in the Brundtland Report of 1987. This report, by the World Commission of Environment and Development, defines a sustainable society as a society that can provide the social, economic, and environmental necessities of the present without compromising the ability of future generations to meet these same needs (Towards sustainable development, 1987, para. 1-3). The intent behind the Population and Family Planning Law is to create just such a society. Chapter one, article one of the law reads:

This law is enacted, in accordance with the Constitution, so as to bring population into balance with social economic development, resources, and the environment: to promote family planning; to protect citizens’ legitimate rights and interests; to enhance family happiness, and to contribute to the nation’s prosperity and social progress. (Population and Family Planning Law of the People’s Republic of China, 2012, para. 1)

However, it is questionable whether such a stringent population control campaign is truly the best way to achieve these noble, yet ambitious goals.

The practice of population control as a tool of sustainability can be traced, in large part, back to the eighteenth century clergyman and economist, Thomas Robert Malthus, who did extensive research on the dynamics of populations. In his most famous literary work, An Essay on the Principle of Population, As It Affects the Future Improvement of Society, Malthus theorized that a population could propagate exponentially and infinitely, until stopped by the “positive checks” of disease and famine when available resources, such as food, were exhausted. He later acknowledged that there are other growth stunting forces, including “preventive checks” (contraception, abortion, or infanticide) and “moral restraint” (abstinence). These two socially concealed checks can work to guard a society from the pains of imminent starvation (Malthus, 2010, para. 1-4).

Today, many biologists and population scientists believe that the human race has recently outgrown its vast habitat, the Earth. It appears that the ever growing demand for the planet’s vital resources has surpassed the limited supply. Various manifestations of Malthus’ “preventive checks” are advocated as instruments to reduce the population and reverse this self-destructive trend, that the Earth might be reverted to a more sustainable, and therefore more congenial condition. It is argued, however, that many of the more popular population control methods are non-sustainable from a perspective emphasizing social justice ideologies; a society that is not socially sustainable is a non-sustainable society.

The Western Australia Council of Social Services provides a template delineation of social sustainability. The WACSS defines a socially sustainable society as one that exhibits equity and cohesion among its people, while providing and promoting good quality of life for current and future generations (Partridge, 2005, p. 9). China’s Family Planning Commission asserts that the one-child policy embodies a significant advance toward greater social sustainability. They claim that the policy promotes gender equality and generally improves quality of life for all Chinese citizens, including children, adults, and the elderly. However, the one child policy is not socially sustainable in the slightest; it is damaging to social equality and is a danger to many Chinese people. This paper examines the arguments surrounding the one-child policy’s impact on social justice in China.

The Impact of the One-child Policy on Equity between Chinese Citizens

A socially sustainable society is equitable, meaning it provides fair and impartial treatment and opportunities to all its members, regardless of gender, ethnicity, age, or social status. The Chinese government alleges that their family planning policies promote equity, but an examination of the full effects of these laws reveals that they have the opposite effect.

The Ministry of Foreign Affairs of the People’s Republic of China argues in favor of their family planning practices, stating that the one-child policy improves gender equality in China. In particular, the policy provides greater opportunity for women, who have traditionally played a subordinate role to men. They argue that if women only have to raise one child, they will have more time for themselves to devote to professional careers or other personal pursuits. This could give women a stronger foothold in conventionally male dominated corporate circles. The Ministry boasts of progress that is already being made in some levels of society. They call attention to the pronounced increase in the number of women holding staff jobs, growing 24.1% from 45 million to 56 million persons in just seven years (1985-1992) (Ministry of Foreign Affairs of the People’s Republic of China, 1995, para. 20). Women have also made advances in education. The Ministry reports that 56.3% of urban women have a senior middle school education or higher, up from 9.1% for the previous generation (para. 21).

Also, the Ministry of Foreign Affairs argues that the one-child policy has instigated the implementation of better health services for women. The Ministry contends that the strong emphasis placed on family planning has prompted the government to construct a stronger network of hospitals, and maternity and child care centers. China has also committed to improving health care for women (para. 42-45).

It is true that occupational and educational opportunities for Chinese women are growing; however, it is not clear whether this growth is a direct consequence of China’s family planning policies. These advances could more easily be attributed to other recent governmental policies, such as the “Marriage Law,” the “Criminal Law,” the “Law on Protecting the Rights and Interests of Women,”  the “Law of Maternal and Infant Health Care,” or the “Labor Law,” all of which explicitly target increased opportunity for women (National Population and Family Planning Commission of the People’s Republic of China, 2006, para. 10)  Even if it is true that mothering a single child plays a significant role in improving prospects for women, the one-child policy still does more harm to women than good. In fact, the policy is causing a steep decline in the country’s female population.

In China, there is a cultural preference for families to produce sons rather than daughters. Parents may prefer a son because sons have a traditional obligation to care for their aging parents. Sons are expected to be providers of life’s necessities, such as food, shelter, and medical assistance, if and when their parents can no longer provide these goods and services for themselves. Daughters, on the other hand, sever any obligational ties with their parents after marrying into a new family. The parents of the bride are also expected to provide a handsome dowry. Because they seemingly provide no benefits for their parents, women are considered to be naught but a drain on family resources (Arnold, 1986, p. 226).

Also, ancestry and family history are integral parts of Chinese culture; many Chinese practice forms of ancestor worship. Sons are desirable because they traditionally carry the family lineage. Daughters only aid in continuing other family lines. The lineage of the parents will essentially terminate if they only have daughters (Arnold, 1986, p. 226).

The disadvantage of having daughters is causing an alarming demographic shift; China is diminishing its female population. The one-child policy is radically accelerating this process; many Chinese families feel greater pressure to have male children when the number of children they are allowed to have is limited. As a result, millions of baby girls are aborted every year in China (Johnston, 2005, para. 3). This crisis is often referred to as China’s “missing girls.” With such astronomical numbers of women being denied the right to simply live, the notion that the family planning policies, which fuel this injustice, are improving gender equality is utterly absurd.

What’s more, the women who are allowed to live are steadily shrinking to a minority status, a historically unfavorable position economically and socially. The advances women have made in recent decades will likely be diminished if current trends continue. There simply won’t be enough women left in the country to be proportionately represented in business and government.

The dwindling numbers of women left alive could be in danger in other ways. According to the U.S. Department of State Office to Monitor and Combat Trafficing in Persons, human trafficking in China is driven largely by the increasing shortage of marriageable women. Many women are captured from surrounding countries, namely Russia, Romania, North Korea, Burma, Vietnam, Mongolia, and Ghana, to be sold to Chinese men, and forced into marriage (U.S. Department of State Office to Monitor and Combat Trafficing in Persons, 2009, para. 354). The one-child policy is largely responsible for the gender imbalance that is fueling female trafficking. This abuse of human life is obviously not a promotion of gender equality.

The shift in China’s gender demographic is even affecting crime rates. The country’s crime rate has nearly doubled in the past two decades. A statistical analysis comparing the crime rate to the number of unmarried Chinese men found that there is a definite correlation between the two (Edlund, 2008, p. 1). With so few women in China, the number of unmarried men is increasing; unmarried men are statistically held to be the most crime-prone demographic (Edlund, 2008, p. 2).

Aside from the unrecognized, unintentional maltreatment the family planning policy inflicts on women, the language and enforcement of the law is inherently sexist. In 1988, the National Population and Family Planning Commission added an exception to the one-child policy; families living in rural areas are now allowed a second child if their first is a girl (Heartmann, 1995, p. 162). With this change, the Chinese government is authoritatively affirming female inferiority, implying that girls are not worth as much as boys. Also, the government encourages sterilization as a “safety precaution” to couples who have already had their allotted number of children; however, these prompts are imposed much more heavily on women, despite the fact that there are fewer health risks involved in male sterilization. In China, female sterilization is three times more common than male sterilization (Heartmann, 1995, p. 164). Despite this obvious sexism, the Chinese government still contends that their family planning policies improve quality of life for their citizens.

The Impact of the One-child Policy on the Quality of Life of Chinese Citizens

A socially sustainable society provides a good quality of life; this means that there are systems in place which guarantee education and employment opportunities to any who actively seek them. The Chinese government contends that their family planning policies help provide such opportunities, particularly where children are concerned. However, when all of China’s children are taken into account, it is obvious that quality of life is declining in the country.

The National Population and Family Planning Commission of China holds that the one-child policy improves opportunities for children, arguing that families with only one child can devote more resources to that child rather than divide time and income among siblings. In this way, Chinese children will receive more personal attention and better educations. The Population Research and Development Center of the People’s University of China performed a study to test this claim. Their findings indicate that Chinese children without siblings display a greater chance of enrollment and grade completion than those with siblings (Yang, 2006, p. 18). The policy has also been associated with a decline in child labor practices (China, 2009, para. 10).

The one-child policy may improve the lives of some children, but this argument ignores the growing number of children who are not receiving these benefits, in fact, the one-child policy diminishes opportunities for many children. As mentioned above, millions of children are aborted every year to provide more prospects for living children. A society that denies some the opportunity to live so that others might receive better educations is intrinsically unjust.

Many of the unlawful children who are not aborted are orphaned or abandoned. It is difficult to estimate the number of parentless and homeless children, as the Chinese government keeps no record of this unfortunate portion of the population, but it is clear that the number is growing (Zhong, 2006, p. 1). Abandoned girls are the living remnant of China’s “missing girls,” surviving the high levels of sex-selective abortion and infanticide (which usually involves drowning or suffocation of newborns). These young girls lack government registered births; this denies them from access to the state’s schooling and health services (Heartmann, 1995, pp. 165-166). A society which leaves so many of its children without these basic needs cannot call itself socially sustainable. The elderly will also be denied many basic needs as a result of this policy

The Impact of the One-child Policy on Social Cohesions between Chinese Citizens

A socially sustainable society upholds cohesiveness; it provides a system which ensures that people of varying demographic backgrounds can live together in social and economic security. The one-child policy is upsetting social cohesions between the young and the old. The combination of China’s current low fertility rate of 1.7 children born per woman (a result of the one-child policy) with the declining mortality rates for the elderly is causing a dangerous demographic shift (Hesketh, 2005, p. 1172). China’s population is aging; that is, the ratio of elderly people to working age people is evening out. It is estimated that, by 2040, 30% of the country’s population will be sixty-five or older. This number could be as high as 50% in some cities (England, 2005, p. xi). In the future, there may not be enough young people to support the growing number of senior citizens. Studies show that altering the one-child policy, essentially making it a universal two-child policy, could reverse this troubling trend (Li, 2009, p. 47).

The National Population and Family Planning Commission of China admits that the prospect of an aged population is a disconcerting scenario. However, they refuse to alter the one child policy. Zhang Weiqing, minister of the National Population and Family Planning Commission states that there are no current plans to repeal any of their family planning policies, and the policies will not be reformed or reduced in any way during the next decade (Yardley, 2008, para. 2-4). Instead, the Chinese government chooses to deal with the problem by implementing chronic-disease prevention programs and improving the long-term care delivery systems for the elderly (Population Reference Bureau, 2012, para. 18-20).

These solutions, however, are inadequate and unrealistic. Even with China’s growing economy, it is doubtful that the government will have the funds to support care-giving services for the elderly, according to policy analyst Toshiko Kaneda. Also, as the number of elderly people grows, so will the cost of health care (which is already higher than most of China’s citizens can afford) (Population Reference Bureau, 2012, para. 4). Social cohesion is not present in a society where care for the elderly is not affordable.

Traditionally, a senior couple becomes the responsibility of their oldest son when they can no longer care for themselves. This custom is even recognized by the state; sons can receive up to five years in prison if they refuse to provide care for their parents. It is estimated that as much as 70% of China’s senior population is economically dependent on their offspring (Hesketh, 2005, 1174). However, since the implementation of the one child policy, this system has been in jeopardy. Sons may be obligated to take in their parents, but it is often the son’s wife who provides much of the physical care (statistically, males have the weakest sense of family obligation). With China’s bride shortage (a consequence of the one-child policy), it is quite likely that the elderly will receive a poorer quality of care (Zhang, 2006, p. 156).

Again, the group who stands to lose the most in this scenario is women. Women, because they live longer than men, are very likely to be widowed. This is unfortunate, as women are often dependent on men and the surplus of elderly people will only escalate this problem. Additionally, China’s social security system is poor at best, but it is virtually non-existent for women (Li, 2009, p. 46).

Another problem associated with the aging population is the financial aspect from the son’s perspective. It is theorized that any financial advantages a married couple obtains by having only one child would be cancelled out if the household had to support both the mother’s and the father’s parents. This has been nicknamed the “4:2:1 phenomenon.” Four grandparents and one child are entirely dependent on the income and resources of two individuals. (Hesketh, 2005, 1174). It is clear that the one-child policy is causing a plethora of grim social and economic problems; it may not be unreasonable to ask: Is such a severe law really necessary?

The Overall Effectiveness of the One Child Policy

After reviewing all the evidence, it is clear that China’s family planning policies are fueling social instability in the injudicious country. If social sustainability cannot be achieved on even the most basic levels, the population will grow increasingly divided and disengaged, thus it is not likely that economic and environmental sustainability will be attained either.

Despite all the social problems the country is facing as a result of their one child policy, the Chinese government has refused to budge on the issue, even with growing disapproval from other nations. The Family Planning commission argues that the policy is the only civilized and efficient way to keep the country’s population down; supporting such a quickly expanding populace is both an environmental drain and an economic impossibility. There are those, however, who dispute that there are better, more humane ways to control the spread of a population.

This is the assertion made by Dr. Betsy Hartmann, professor of development studies and director of the Population and Development Program at Hampshire College. Hartmann argues that population spikes are not a cause, but a consequence of a non-sustainable society. She affirms that countries with high poverty rates, bad education systems, and great levels of inequality and stratification tend to have much higher birth rates. Citizens living in a country that promotes equality, opportunity, and cohesion among its people seem to naturally choose to have fewer children (Hartmann, 1995, p. 8). Hartmann points out that no democratically governed country is currently experiencing population troubles.

China itself is another example of this social phenomenon. The country’s largest decline in fertility actually occurred before the implementation of the one child policy. In the years between 1971 and 1979, China’s birth rate fell from 5.9 to 2.9 children per woman. During this time the Family Planning commission had the simple slogan: “late, long, few,” suggesting that women could better their predicament by self-regulating their reproductive demeanors (Hesketh, 2005, 1174). Also, there was a plethora of social reforms during this period which promoted equality among people.

In short, the People’s Republic of China would be far better off if they make social sustainability their primary focus rather than population control; their current system and methods are only destructive. China requires a socially sustainable society; economically and environmentally sustainable systems will inevitably emerge from this.

 

References

Arnold, F. & Zhaoxiang, L. (1986). Sex preference, fertility, and family planning in China. Population and Development Review, 12(2), 221-246.

Branigan, T. (2011, November 2). China’s great gender crisis. The Guardian. Retrieved from  http://www.guardian.co.uk/world/2011/nov/02/chinas-great-gender-crisis

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China’s population: The most surprising demographic crisis. (2011, May 5). The Economist. Retrieved from http://www.economist.com/node/18651512

Ebenstein, A. & Sharygin, E. (2009). The consequences of the “missing girls” of China. World Bank Economic Review, 23(3), 399-425.

Edlund, L., Li, H., Yi, J., & Zhang, J. (2008, April 27). Sex ratios and crime:                                 Evidence from China’s one-child policy. The National Bureau of Economic Research.   Retrieved from             http://www.nber.org/public_html/confer/2008/cwgf08/edlund.pdf?utm_source=io9+New sletter &utm_campaign=90e5db5411-UA-142218-29&utm_medium=email

England, R. S. (2005). Aging China: The demographic challenge to China’s economic prospects.  Westport, CT: Praeger Publishers.

Heartmann, B. (1995). Reproductive rights and wrongs: The global politics of population control and contraceptive choice. Cambridge, MN: South End Press.

Hesketh, T., Lu, L., & Xing, Z. W. (2005). The effect of China’s one-child family policy after 25 years. New England Journal of Medicine, 353(11), 1171-1176.

Johnston, R. (2005, August 3). People’s Republic of China: Abortions and live births by region. Retrieved from http://www.johnstonsarchive.net/policy/abortion/prc/ab-prcp.html

Li, Q., Reuser, M., Kraus, C., Alho, J. (2009). Ageing of a giant: A stochastic population forecast     for China, 2006–2060. Journal of Population Research, 26, 21-50.

Li, S. (2007). Imbalanced sex ratio at birth and comprehensive intervention in China. 4th Asia Pacific Conference on Reproductive and Sexual Health and Rights. Retrieved from  http://www.unfpa.org/gender/docs/studies/china.pdf

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Ministry of Foreign Affairs of the People’s Republic of China. (1995, August). Family planning in China. Retrieved from http://www.fmprc.gov.cn/ce/cegv/eng/bjzl/t176938.htm

National Population and Family Planning Commission of the People’s Republic of China. (2006, July 16). Gender equity and women’s empowerment. Retrieved from      http://www.npfpc.gov.cn/international/psummaries/201202/t20120220_381651.html

National Population and Family Planning Commission of the People’s Republic of China.  (2006, December 7). Future goals. Retrieved from             http://www.npfpc.gov.cn/about/history/201202/t20120220_381718.html

National Population and Family Planning Commission of the People’s Republic of China. (2006, December 7). Main achievements of population and family planning program of   China. Retrieved from             http://www.npfpc.gov.cn/about/history/201202/t20120220_381715.html

National Population and Family Planning Commission of the People’s Republic of China. (2011, October 31). China to maintain its family planning policy: Official. Retrieved      from http://www.npfpc.gov.cn/en/detail.aspx?articleid=111103165614926202

Partridge, E. (2005). ‘Social sustainability’: A useful theoretical framework. Retrieved from    http://auspsa.anu.edu.au/proceedings/publications/Partridgepaper.pdf

Population and Family Planning Law of the People’s Republic of China. (2012, February 23). National Population and Family Planning Commission. Retrieved from             http://www.npfpc.gov.cn/policies/201202/t20120223_382224.html

Population Reference Bureau. (2012). China’s concern over population aging and health. Retrieved from http://www.prb.org/Articles/2006/ChinasConcernOverPopulationAgingandHealth.aspx

Short, S. E., Zhai, F., Xu, S., & Yang, M. (2001). China’s one-child policy and the care of         children: An analysis using qualitative and quantitative data. Social Forces, 79(3), 913-      943.

Towards sustainable development. (1987). Our common future: Report of the world commission     on environment and development. Retrieved from http://www.un-documents.net/ocf      -02.htm#I

Understanding popular culture in China. (2007). Pop Culture China! Media, Arts, and             Lifestyle. Retrieved from http://www.credoreference.com             /entry/abcpochine/understanding_popular_culture_in_china

U.S. Department of State Office to Monitor and Combat Trafficking in Persons. (2009). Trafficking in persons report 2009. Retrieved from             http://www.state.gov/j/tip/rls/tiprpt/2009/123135.htm

The World Bank. (2012). China. Retrieved from http://data.worldbank.org/country/china

Yang, J. (2006, February). Has the one-child policy improved adolescents’ educational wellbeing in China? Population Research and Development Center of the People’s University of   China. Retrieved from http://paa2006.princeton.edu/download.aspx?submissionId=60804

Yardley, J. (2008, March 11). China sticking with one-child policy. The New York Times. Retrieved from http://www.nytimes.com/2008/03/11/world/asia/11china.html

Zhang, Y., Goza, F. (2006). Who will care for the elderly in China?: A review of the problems caused by China’s one-child policy and their potential solutions. Journal of Aging          Studies, 20(2), 151-164.

Zhong, J. (2006). 573,000 orphans in China. Chinese Children Adoption International. Retrieved        from    http://www.chinesechildren.org/Newsletter%5CWindow%20to%20China/         WTC_03_2006.pdf

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Grab Some Rubbers: It’s the Law

Victoria Steffke

 

Throughout the history of America, the government has had many different laws regarding people’s sexual behavior. Some of these laws ban rape, child sexual abuse, incest, necrophilia, and sodomy to name a few.  Most of these were created to protect people from others, benefit society, and are enforced. However, some sex related laws were created and are no longer enforced because they are out of date. The sodomy laws are an excellent example. Currently, twenty-four states have laws against sodomy (Lectlaw). In the 2003 case, Lawrence v. Texas, the Supreme Court ruled that consenting, private sexual conduct is protected by the liberty rights in the due process clause of the Constitution. This further explains why sodomy laws are not enforced and should even be removed as a law because this is a right people are able to decide for themselves. Similarly,  California’s Measure B, an amendment to the Los Angeles County Code that requires porn stars to wear condoms if any sort of penetration is occurring on set in San Fernando Valley, may be unconstitutional.  Additionally, the law would require producers to get a permit to produce the film, which, according to the California League of Women Voters, pays for a government employee to monitor the set to make sure it is complying with standards.  Measure B is not just a law telling people how to behave in regards to their personal sexual choices, but enforces the law, which is a step further than sodomy laws. With both actors being consenting adults to the actions performed, the law would be infringing on liberty rights to private sexual conduct.

Nevertheless, in November 2012, California voters passed the controversial Measure B.The controversy stems from the fact that the government would be controlling consensual adults’ sex lives and that this may be considered a misuse of tax payers’ money. The law was headed by the AIDS foundation to stop the spread of STDs and promote safer sex in the nation (Rogers). The adult film industry opposes this law because frequent tests are already conducted and the money the permit would cost would hurt the business (Lelyveld, 3).  They are even threatening to leave the Los Angeles area. The question then is should Measure B be enforced, and is it even a needed and justified law.

Support for the Law from AIDS Activists

The main reason Measure B originally passed was to stop the spread of sexually transmitted diseases and AIDS. On average, each actor has sex with 12 new partners a month, or 144 a year (McNeil Jr.). This is more than most people have in a lifetime. With having such a vast amount of partners, it is easy to assume that diseases would quickly spread. These actors have their own personal lives too, so any diseases they get may not stay within that community. Diseases are adapting to medications and now some STDs are resistant to antibiotics. With these strains, a person has the disease for life so raising awareness is important. In addition, diseases such as AIDS do not show up on tests for potentially ten years (aids.gov). In the case of adult entertainers, the disease would spread like wildfire before a test would even show a positive result for the disease.

The Centers for Disease Control and Prevention has found that condoms are highly effective in preventing transmission of STDs and HIV. In 2009, 191,034 people in California died of a sexually transmitted disease (California Sexually Transmitted Disease Program 2011). These deaths could have been prevented had proper protection been used.  If actors properly use condoms, they will have an almost full assurance they will not be infected. This is a precaution similar to nurses wearing gloves around bodily fluids. This law alludes that the porn stars should want to take all the proper precautions to stay healthy and questions whether the tests they rely on so heavily really effectively identify all diseases.

The other aspect the AIDS Foundation wanted people to think about was the influence of entertainment. Whether or not a person believes it, what one watches has some sort of influence on them. The AIDS Foundation wanted people to realize that those who watch porn are probably more likely to then want to have unprotected sex too. Requiring condoms would boost the subliminal desire of society to have protected sex, especially if people saw it could still be sexy. With one million people in the U.S. having HIV and one fifth of them not knowing they have it, encouraging a protective barrier to prevent diseases is a smart move (AIDS.gov).

Criticism from the Adult Entertainment Community

In Los Angeles, the city makes a large sum of money from the adult entertainment industry. While Detroit is the auto capital of the nation, L.A. is the porn capital of the nation. Thousands of people are employed producing a film from the actors to the make-up artists to the sound crew. Even more money, in the millions, is spent producing these and is made from these (Rogers). The money made is taxed so it is helpful to the economy and the government. The last time these films used condoms, sales went down 30%, which over time would hurt the city’s economy and potentially lead to some people’s jobs being cut (Lupkin). Along with this decrease is the large amount the city would charge to receive a permit to film. The money for the permit would cover the amount the city would have to pay to employ someone to watch the films to make sure they are complying with the law. In other words, a government employee would get paid to watch porn all day, which many people do not think is a wise use of government money. This fee would hurt the business even more and possibly shut them down.

While Measure B created the fee to cover the costs of the employee’s salary, one important factor was forgotten. This fee does not cover the cost of government employee benefits. The California State government salary benefits include paid time off, pensions, Employee Assistance Plan for help with personal issues, and retirement. The money to fund these benefits will not come from the film fee, but rather from taxpayer money. While the law comes across as not hurting the state’s budget, in reality it does. Right now, the California Governor Edmund Brown Jr. estimates that the state deficit is $15.7 billion. This seems like a time to cut spending, not create it.

Another point to think about is that the actors choose to perform in these films. At any time they could say they do not want to partake or they could demand protection use. These actors know the risks involved when they sign up for the job and still choose to perform. This is similar to professional athletes who know they could physically be injured while performing and potentially die, yet there are no government laws against sports. Also, all of the porn stars are required to get tested for sexually transmitted diseases and AIDS every couple of weeks. The results are shown to the director and the industry has made sure actors cannot alter the results. The industry seems to regulate these concerns on their own without the government needing to be involved. The actors also realize there is a great deal of money being involved in the production of the movies so a delay due to health reasons is inconsiderate.

Lastly, is the stance the adult entertainment community takes at perceiving this law: it is a freedom of speech and expression issue. Pornography is all about fantasy and the performers act out these fantasies. A certain image is trying to be conveyed to the audience and wearing protection may not be giving the right idea of the character trying to be portrayed. Actors should be allowed to say what they want through film, and this right is protected by our first amendment. In addition, since pornography involves consenting adults it should be seen as grouped into the Constitution’s liberty rights. Those opposing the law believe it is unconstitutional and have the laws to back up this claim.

Finding Middle Ground

Looking at all of the facts presented, it is easy to see that both sides have well thought out points, however, the reasons for the law are counteracted by reasons against the law. The idea that using condoms in the film would boost the public to also use protection is offset by the fact that people become less interested in the films and purchases go down when condoms are used onscreen. Both condoms and STD checks are not fool proof. These neutralized arguments leave us with the newfound idea that there was not a valid reason for this law. In fact, the argument of money being lost in Los Angeles and the taxpayers’ having to pay for the government benefits is a bigger issue and a good reason to denounce the law. The answer to the question of whether Measure B was necessary is no. The measure was specific in enforcing the law so it has no potential to become like the unenforced sodomy laws. California’s Measure B needs to be repealed to help sustain the state’s economy that is already in trouble.

The best idea in this situation is to find common ground on these two issues. Porn stars do engage in risky sexual behavior, but it is consensual. The actors receive testing every two weeks. California recommends getting tested for STDs once a year as a general statement and does not take into account how many partners a person has. Therefore, the actors are going above the call of duty in taking care of their bodies according to state recommendations. Instead of paying a government employee to regulate the films, an adult entertainment association should regulate the business. While this would still cost money, it would cost much less, would save taxpayers’ money and promote actors to be safe. Removing this law would keep the Los Angeles economy thriving. It will keep people employed and allow revenue to be put into local businesses and government taxes. Putting a disclaimer at the beginning of the movie would help remind viewers of the risks involved in unprotected sex. Making the general public more aware of the likelihood of contracting a disease and how to prevent them would be a better goal for the AIDS foundation and the government to have.

Works Cited

Acquired Immunodeficiency Syndrome. AIDS.gov. AIDS, 2012. Web. 27 Nov. 2012.

California. Department of Public Health STD Control Branch. “California Sexually Transmitted Disease Screening Recommendations 2010.” CDPH. STD/HIV Prevention Training Center, June 2011. Web. 28 Nov. 2012.

California. Office of Governor. “Governor Brown Releases Revised State Budget.” CA.gov. Office of Governor. May 2012. Web. 28 Nov 2012.

California. Sexually Transmitted Dieseases Control Branch and Division of Comunicable Disesease Control.Office of AIDS. “STD and HIV/AIDS Case Registry Matching to Estimate California STD-HIV/AIDS Co-Infection.” CDPH. Sexually Transmitted Disease Program, September 2011. Web. 28 Nov. 2012.

“California State Government Salary.” Sunshine Review. Sunshine Review. 2012. Web. 28 Nov. 2012.

Lawrence v. Texas. No. 02-102. Supreme Court of the United States. 2003. Supreme Court Cases. Lawyers’ Edition, Lexis Nexis Academic, n.d. Web. 24 Nov. 2012.

LectLaw.The Electric Law Library. n.d. Web. 23 Nov. 2012.

Lelyveld, Nita. “Condom Law Hot Topic in Porn World After L.A. Voters’ passage of Measure B, Industry Types Ponder Compliance and Departure.”  Los Angeles: Los Angeles Times, 2012. Online.

Lupkin, Sydney. “Porn Industry Against Mandatory Condom Measure.”  Los Angeles: ABC News, 2012. Online.

McNeil Jr., Donald. “How Sex-Film Makers Prevent H.I.V.; Testing Appears to Work but Officials Still Want to Enforce Condom Use.”  Los Angeles: The International Herald Tribune, 2012. Online.

Rogers, John. “Measure B: Porn Industry Vows to Defeat New Condoms in Porn Law.” Los Angeles: Huffington Post, 2012. Online.

Smart Voter. Smartvoter.org. League of Women Voters of California Education Fund, 2012.Web. 11 Nov. 2012.

“Sodomy.” The Encyclopaedia Britiannica: Merriam-Webster. 2004. Print.

United States. Centers for Disease Control and Prevention. “Condoms and STDs: Fact Sheet for Public Health Personnel.” CDC. April 2011.Web. 28 Nov. 2012.

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Of Pants and Para Gliders

Jerusha Lane

 

It was a miserable sort of day in northern Michigan. The sky was dark and serious, and it pelted the rain down in sheets, turning the firm path into a slippery and treacherous mudslide. The wind howled in from the north, directly off a stormy Lake Superior, chilling with its cold breath any traveler who dared to pass through Pictured Rocks National Lakeshore.

The previous day had been beautiful. The sky was a brilliant blue, and the sun smiled down on the lake. Its light had sparkled and danced on the gentle waves, warming the surface of the water and turning the cold sand on the beach into a wonderful place for a nap. It had been perfect hiking weather, and an altogether perfect day—until the flies hit, that is.

Now these were no ordinary flies. They may have looked exactly like harmless little house flies, but appearances can be deceiving. Evil is the best word to describe these terrible little beasts. At first there were just one or two, but two soon turned into six hundred eighty-seven. They swarmed over the hikers, hitched a ride on their backpacks, and viciously bit the legs of anyone unfortunate enough to not be wearing a pair of pants. Pants are probably one of the best inventions known to mankind. You may not realize this until you are attacked by an angry swarm of leg-eating flies, and you are wearing shorts. After a few minutes of torment you may find yourself daydreaming about pants. After several hours, you will probably be willing to trade your soul for the ugliest pair of pants on the planet, and then parade them gleefully in front of anyone unfortunate enough to be wearing shorts.

Very quickly the hikers (the ones not wearing pants) began to lose their sanity. They began wildly waving their arms and thrashing about in a most undignified manner. Their eyes began to have a wild glint, and they started smacking themselves trying without success to be rid of the flies. At their wit’s end, they finally broke into a run, yelling in frustration, backpacks bobbing up and down, and pant-wearing companions trailing along behind. That was the first day. The second one was not much improved.

At least there weren’t any flies. They had disappeared with the sun, and the rain and chill had replaced them. There weren’t a lot of adventurers in the wilderness that day. If there had been, they would have seen a spectacle worth hiking to see—nine garbage-bag-clad backpackers hiking single file down the muddy trail, resembling bulbous insects with little heads poking out of their protruded backs. They were almost unrecognizable from the previous day, but not much more dignified-looking.

As it turns out, the garbage bag wearing backpacker is a phenomenon that happens after said backpackers forget to bring ponchos on their trip, but they of course remember to bring oversized garbage bags. “I would never do that,” I might have thought to myself. But that’s exactly what I did. Garbage bags also make excellent insulators I hear. Rumor has it you can wear them like a sleeping bag and they will reflect your heat back to you, so you will be warm and cozy. It’s a lie. I should know, since I’ve tried it before. After shivering sleeplessly for half the night you will end up in front of the campfire, sitting on a deformed log and wondering to yourself why you didn’t bring a warmer sleeping bag. And soon, your fellow garbage bag wearers will join you to sit on their own deformed logs, to think their own sad little thoughts.

Pant-makers would probably make millions of dollars if the world was suddenly overtaken by flies. The most untalented pant designer would make a fortune, and shorts would join the dinosaurs in extinction. Even annoying little insects can raise stock prices overnight, and when it rains cats and dogs in redneck country, Jethro’s Convenience Store will probably sell out of garbage bags.

Vicious swarms of leg-eating flies and garbage bags that don’t behave at all like they’re supposed to: what else could possibly go wrong when you’re a two-day hike away from civilization? Your water filter could break. And of course if your water filter decides to break, it will probably do so when one of your number gets himself dehydrated and the rest of you have just drained the last drops out of your water bottles. And actually, if anything can go wrong, it’s much more likely to go wrong when you’re in the middle of nowhere.

So there we are in our cozy little camp, situated in a beautiful hardwood forest, which just conveniently happens to be a mere few yards away from the vast water supply of Lake Superior—at least it’s convenient if you don’t mind scaling a 40 foot cliff while carrying a fifteen pound bag of water (yes, a bag). Add paragliding and rock climbing equipment to the list of items we forgot to bring. They’ll fit quite well next to the pants and sleeping bags. Since we didn’t bring the proper equipment to carry out a covert water retrieval operation, we spent the greater part of the morning trudging the half mile back and forth from the nearest beach, lugging water in our filter which had been scornfully demoted to “water bag.”

In situations such as these, when you’re trudging down life’s long path with a sloshing bag of water, it is usually best to not reflect on the fact that you spent 60 dollars on the “bag” that is personally responsible for your current loss of sanity. It is also in the best interest of the pant-wearing companion in front of you that they not do a happy dance over their choice of clothing—unless of course, they are in need of a shower. Nothing like a cold splash of reality to make your gleeful companion realize that when you plaster that picture you just took of them in their overly obnoxious pants, all over the internet, they won’t be happy-dancing anymore.

Several hours later would find the fearless adventurers back on the path, sipping warm, smoke-flavored water (floaties and all) and daydreaming about ice cubes and Gatorade. Now, it isn’t natural for natives of the far regions of the north to be dreaming about ice. In fact, most of these people pay to have their ice removed. But ice must be preferable to drinking smoky, warm water: that or the hallucinations had begun to set in. Either way, it was going to be another long day.

Two evenings later, groups of tourists wearing their “Michigan” t-shirts, khaki shorts, and funny-looking hats strolled around the visitor center at Pictured Rocks National Lakeshore. Smiling and chatting, they cheerfully enjoyed the sunshine while reading informative signs and snapping pictures of the local exotic wildlife—which was mainly constituted of the occasional chipmunk and seagull. This peaceful scene was suddenly interrupted by shrieks of laughter and cries of pure joy coming from the forest. A group of slightly crazed backpackers, careened out of the forest at a limping run, arms stretched wide in ecstasy as they ran towards the end of their journey. At the sight of a vending machine, one of them even dropped to their knees and began to weep tears of joy. Pairs of tourists glanced disapprovingly at each other and hurried away.

Trying to appear sane isn’t a priority when you’ve just completed a death-defying journey. It isn’t even worth a thought. The first thing on the agenda in this moment of victory is an ice-cold coke, a greasy burger, and a long night’s sleep. Nothing but living on peanuts and beef jerky for a week can make a crappy cheeseburger from a fast-food joint taste like food fit for kings. You’ve never really enjoyed a nap in the car until you’ve spent three nights inside a garbage bag. And sometimes it takes an angry swarm of flies, to give you the proper respect for that hideous pair of pants.