Unfortunately, an article of mine is getting some attention this week. It’s unfortunate, because it means that another woman is about to be executed in this country.
The article is cited in an excellent piece in Slate by Dahlia Lithwick, “Lady Killer.” Lithwick offers an examination of the role gender discrimination is playing in the execution of a Virginia woman scheduled for tonight. If it goes through, Teresa Lewis will be only the twelfth woman executed in the United States under the modern death penalty system (i.e. since 1977). Lithwick cites my 2000 article “Gender Discrimination in the U.S. Death Penalty System” for the argument that one of the ways that gender discrimination manifests is that, although women are rarely sentenced to death, when they are given the ultimate punishment, it is most often because their crime violated gender norms. Or, as Lithwick summarizes,
When women are sentenced to die, say experts, it tends to be for the most sexist reasons. Often, their crimes involve the murder of a spouse or a child, which comes with the assumption that they are bad mothers or unnatural wives.
The BBC has also picked up the story, pointing out that since executions of women are rare in the United States, one might conclude that any gender discrimination in the death penalty system is favorable to women. Finlo Rohrer, reporting for the BBC from Washington, cites a Heritage Foundation analyst as saying, “there is ample research women are treated more leniently for equivalent crimes.” But my argument, as noted in both the Slate and BBC articles, is that if women are sentenced to death for crimes that would not warrant a death sentence for men, then gender discrimination is playing a role.
Lithwick concludes, very perceptively, that gender discrimination follows Lewis to the execution chamber; even her attorneys made their final pleas for gubernatorial mercy in line with her behavior in prison as it conforms to gender norms. Lithwick writes
here’s one last gender-freighted argument that has greatly moved her supporters: Lewis has reportedly been a model prisoner and has a “calming influence” on her fellow inmates, even though she is in solitary confinement and cannot see them. Lewis evidently sings to them and counsels them and has become a model of ministering to the Christian inmates. Of course this also plays into gender stereotypes: Lewis as a nurturing mommy figure, complete with soothing songs and tender caregiving. She has reverted back to the “natural woman” Phyllis Goldfarb described. When a man on death row is said to be “reformed” and thus undeserving of capital punishment, “calming” and “nurturing” are not usually the adjectives used to describe him.
In a matter of hours from the time of this writing, we will know whether any argument — discriminatory or not — has been effective at convincing anyone in a position of authority that the state of Virginia ought not kill Teresa Lewis. Whether or not those arguments are effective, it’s still worth asking ourselves why the (scheduled) execution of a woman in the United States is international news when the execution of men is rote.


The stratification of species with which we’re so comfortable creates room in our consciousness for treating people disparately based on their behavior. If people behave a certain way, if they violate norms or act objectionably, then those people forfeit their place in the chain of being, leaving them worthy only of the respect due to lesser animals.
We would rather not know how hamburger is made, so not many of us visit factory farms. We would rather not know that we, a civilized people, have a death penalty, so we hold our executions at night and bury them deep in the bowels of labyrinthine cinder block structures.
