I started writing this post on what one Facebook friend called ‘a sad day for women and for justice’: Brett Kavanaugh had been sworn in as a Supreme Court justice in spite of Christine Blasey Ford’s testimony that he was one of two men who sexually assaulted her at a high school party in 1982. As in 1991, when Anita Hill testified to being sexually harassed by Clarence Thomas, the Senate hearings were a stark reminder of pretty much everything feminists object to about the patriarchal treatment of women—their bodies, their experiences and, not least, their speech.
The speech of Christine Blasey Ford featured prominently in media commentary. A couple of journalists contacted me with questions about her speech patterns, and I know of at least one other linguist who was asked for her expert opinion. As this colleague remarked, it was telling that these requests were all about Ford. Nobody asked us to comment on Brett Kavanaugh’s speech patterns, or the language of the male Senators on the Judiciary Committee. That’s usually the way it goes. People don’t tend to treat a male speaker as a generic representative of his sex: they’re more likely to ask what his speech patterns say about him as an individual. Women’s linguistic performances, by contrast, are routinely treated as performances of gender—and this is true whether the commentator is feminist or anti-feminist, sympathetic or hostile to the woman concerned.
One tactic right-wing anti-feminist commentators couldn’t easily use in this case was the one they used against Hillary Clinton in the 2016 election campaign, namely decrying a woman speaker as ‘shrill’, ‘abrasive’, ‘bossy’, ‘harsh’, ‘strident’, etc. Ford’s vocal performance was, by common consent, none of those things. But for the right wing pundit Rush Limbaugh that in itself was a reason to be suspicious:
It’s an odd speech pattern for an accomplished woman. I’m not denying that it could be legit. But it’s a speech pattern that garners sympathy. …she comes off as an up-talker, ends sentences with an upward inflection, which is how young girls — young teenage girls — come off. It makes the speaker sound uber-nice and harmless, non-aggressive, sensitive, vulnerable and so forth, like there’s not a mean bone in their body.
This is an attempt to discredit Ford’s testimony by suggesting that her performance was inauthentic. Why would this middle-aged academic use uptalk, an intonation pattern which is stereotypically associated with teenage girls, if not to manipulate us into thinking she was ‘uber-nice and harmless’? The message is ‘don’t be fooled: this is a plot to bring down an innocent man’. Other hostile comments on Ford’s uptalk and her so-called ‘baby’ or ‘little girl’ voice (like the ones quoted in this Economist piece) conveyed a more familiar but equally negative message: ‘don’t be impressed, it means she’s not a reliable witness’.
Feminist commentary on Ford’s speech was dominated by the idea (first popularized in the 1970s by the linguist Robin Lakoff) that her performance reflected the way women are socialized from girlhood to communicate. Here’s a typical example from the Huffington Post:
For countless women watching, her gestures struck a chord. Every knee-jerk “thank you” and “I’m sorry” felt like words so many had uttered before, part of a familiar display of courtesy we’d all performed at some point ― out of sheer necessity. Out of a desire to make other people, not ourselves, feel comfortable at all costs. …From an early age, girls learn that authority figures will reward them for being amenable and punish them for being “too” assertive.
There are problems with this ‘We Are All Christine Blasey Ford’ line of argument, an obvious one being that we are not all Christine Blasey Ford: women, their ways of speaking, and even the prejudices that confront them when they speak, come in more than one variety. And it was clear that not all women identified with Ford. Some evidently felt more sympathy for Kavanaugh, or for the husbands/sons/brothers they could imagine being in his position.
But in any case, why was there so much emphasis on Ford’s speech patterns? For me, what made the hearings so revealing was the light they shone on men: they showed how men, or more exactly a particular subgroup of highly privileged men, use language to perform both gender and power.
As many commentators noticed, the account Ford gave of her assault suggested that what motivated her assailants, Brett Kavanaugh and his friend Mark Judge, was less a desire for sexual gratification, or even power, than a need to impress and to be approved of by one another. Lili Loofbourow dubbed it ‘toxic homosociality’: two men abusing a woman ‘to firm up their own bond’.
One telling detail in this regard was Ford’s vivid memory of the two men laughing together as they held her down. According to the neuroscientist Sophie Scott, laughter evolved as a social bonding behaviour: research has found that
you laugh more when you’re with other people and you want them to like you; it establishes that you like them, that you are part of the same group as them, and that you agree or understand.
Language can fulfil the same functions. The New Yorker writer Jia Tolentino commented that what Kavanaugh and Judge were doing in their assault on Ford seemed a lot like what Donald Trump and Billy Bush were doing in the purely verbal exchange that was captured on tape in 2005, and made public a few weeks before the 2016 presidential election. I agree: as I said in my own post about the tape, the speech genre Trump called ‘locker room banter’ is all about male homosocial bonding. It’s another case of men using women’s bodies (in this case, talking about them and what you have done or would like to do to them) to ‘firm up their own bond’.
Banter was clearly part of the culture Brett Kavanaugh and his high school buddies inhabited. Their yearbooks were full of sexual boasting, joking and slang terms that expressed contempt for women. Since written evidence had survived, Kavanaugh could not deny that he was familiar with words like ‘boof’ (anal sex) and ‘devil’s triangle’ (intercourse involving two men and one woman); but when questioned he chose instead to lie about what was meant by these terms (glossing the first as ‘flatulence’ and the second as the name of a drinking game). On the face of it this seemed odd, given that the terms were not part of a secret code known only to his immediate circle; millions of people knew their real definitions. But this is how fraternal loyalty works: as with Fight Club and the Mafia, the rule is that you don’t talk to outsiders, and if you’re forced to talk to them you obfuscate or lie, trusting that your brothers will have your back.
In my post about Trump’s banter I argued that fraternal loyalty is central to the workings of modern patriarchy: its effects are felt far beyond the proverbial locker room. And I would argue that they were felt at the Senate hearings, which became, during Kavanaugh’s testimony, another arena for male bonding. Though it was Kavanaugh’s performance that drew most attention, he was not left to defend himself alone: other men, especially the Republican men who dominated the committee, collaborated in this effort. Of course their support for him was politically motivated; but it was also gendered, expressed in terms of what they shared as men.
One thing the Senators evidently identified with was Kavanaugh’s performance of the role of the devoted family man who has been unable to protect his family from the damaging effects of the accusations against him. In this role he was angry and tearful, prompting some feminists to remark on the double standard which allows men to emote in public without being labelled hysterical or crazy. Several Senators got quite emotional on his behalf: Ted Cruz, for instance, said that
watching your mother’s pained face has been heart-wrenching as she’s seen her son’s character dragged through the mud after not only your lifetime of public service but her lifetime of public service as well. And I know as a father, there’s been nothing more painful to you then talking to your daughters and explaining these attacks that the media is airing.
Another thing that resonated with these men was the idea that any man could find himself in Kavanaugh’s predicament—facing the loss of his career because of something he did as a teenager. Boys, after all, will be boys: who hadn’t got drunk and done stupid things in high school? (If the stupid things in question were sexual assaults, one answer to this question might be ‘women’.) And as the 85-year old committee chair Chuck Grassley said in a TV interview, who could remember what happened 35 years ago? (Again, one answer might be ‘a woman who’d been sexually assaulted’.)
Their loyalty to Kavanaugh was also evident in the way they responded to his testimony, which was very different from Ford’s. She had been an extremely co-operative witness, answering questions directly when she could and stating clearly when she could not; she didn’t shout, interrupt, argue, ramble, attack the questioner or turn the question back on them. Brett Kavanaugh, by contrast, did all those things–and in most cases he wasn’t challenged. However aggressive, evasive or irrelevant his answers were, his Republican brothers had his back.
I don’t think anyone’s use of language had much impact on the outcome of these proceedings. That was a political decision, and with hindsight we might well think that nothing anyone said during the hearing (short, perhaps, of Kavanaugh confessing to the assault) was ever going to make any difference. But in another way, language was central to this story: it was all about the power of speech.
The ability of men to abuse women with impunity relies on two things: the support of other men and the silence of women. Breaking that silence is a powerful act: in speaking about what was done to her, the woman who was treated as an object becomes an agent. In this case, her decision to speak made Christine Blasey Ford a threat–not only to Brett Kavanaugh’s ambitions, but also to the hopes of the politicians who were using him to advance their agenda. These men worked together to neutralize that threat. And they succeeded, in the sense that their candidate was confirmed; but only because they had the numbers. Not because their speech was more powerful. It wasn’t, and I think some people who supported Kavanaugh–people like Susan Collins and Rush Limbaugh, who were noticeably reluctant to call Ford a liar–knew that. So did all the women who looked at him and saw the faces of their own abusers.
So, appalled though I am by the elevation of Brett Kavanaugh, I do also see some reason to be hopeful. In 2018 as in 1991, a woman testifying at a Supreme Court confirmation hearing told the truth about her life, and the world did not split open. But one day, if women keep on speaking, it will.
Note: quotations from the Senate proceedings are taken from this transcript, which is available on the website of the Washington Post.