Monday
Mar022009
Wisconsin Appeals Court-"baby mama" is Racist-Cites Urban Dictionary and Wikipedia
Monday, March 2, 2009 at 8:28AM The Blogmother “Baby mama” does not refer to any particular race. It is currently a trendy pop-culture term for a single mother,[7] as evidenced by the recent Hollywood movie (released on DVD in 2008) titled “Baby Mama,” involving Saturday Night Live actress, Tina Fey, playing the role of a white single mother. At worst, the “baby mama” comment here is an awkward attempt by the trial court to sound hip to a defendant when explaining how his idleness and lack of ambition are negative character traits especially in contrast to the mother of his child. BRENNAN, J. (dissenting)
One of my lawyer buddies passed this jewel down.
A Caucasian judge’s comments on the African-American defendant’s lifestyle and his “baby mama” could lead to a reasonable perception that the sentence was imposed at least in part because of race, a three-judge panel of the Wisconsin Court of Appeals held.
In a published decision authored by Judge Joan F. Kessler, the court said that it did not believe the Milwaukee County circuit judge intended his remarks to be racially offensive in State v. Harris, 2008AP810. In fact, the court emphasized that the judge properly considered numerous appropriate sentencing factors before ordering Landray M. Harris to serve two years of imprisonment and three years of extended supervision for possession with intent to deliver 7.21 grams of cocaine.
Rather, the judge erred during the allocution when he asked Harris if he had a job and Harris admitted he was unemployed, staying at home with his infant daughter while the child’s mother balanced work with college classes. WISBAR
This has to be one of the most hysterically funny ( yet pathetically sad) court decisions I have ever read in my life, and I've read far too many. The ultimate issue is whether the sentencing judge discriminated against the defendant during sentencing on the basis of race and gender. There was definitely gender discrimination, but its the discussion of the etymology of the term "Baby Mama" that sends things off the tracks
So a drug dealer who is 21 years old who has never had a job in his ENTIRE life and who went from living with his Mama to living with the mother of his 1 year- old daughter got popped for possession with intent to distribute.
During his sentencing, the trial judge used the term "baby mama" in the following exchange;
THE COURT: Where are you working now?
THE DEFENDANT: I'm unemployed right now.
THE COURT: You're unemployed still?
THE DEFENDANT: Yes.
THE COURT: Have you gotten a job since January?
THE DEFENDANT: No, sir.
THE COURT: You're kidding.
THE DEFENDANT: No.
THE COURT: What do you do all day?
THE DEFENDANT: I just stay at home with my daughter and that's it.
THE COURT: Where is her mother?
THE DEFENDANT: At work.
THE COURT: So the mother works and you sit at home, right?
THE DEFENDANT: Yeah.
THE COURT: And watch the child?
THE DEFENDANT: I got all types of things goin'. My personal family.
THE COURT: Where does the baby's mama work?
THE DEFENDANT: Metro Market.
THE COURT: Did she finish school?
THE DEFENDANT: Yes.
THE COURT: Is she going to college, too?
THE DEFENDANT: Yes.
THE COURT: Where do you guys find these women, really, seriously. I'd say about every fourth man who comes in here unemployed, no education, is with a woman who is working full-time, going to school. Where do you find these women? Is there a club?
THE DEFENDANT: No.
OH. IT. GETS. BETTER!
THE COURT: You're sure?
THE DEFENDANT: I ain't find her at -- she not the club [type].
THE COURT: Oh, she's not the club type.
Later in the sentencing, the trial court stated: "Mr. Harris sits at home, gets high while his baby mama works and goes to school. I swear there's a club where these women get together and congregate."
This however isn't the hysterically funny part. Watching these appellate judges wrestle with origin and meaning of the term "baby mama" while also attempting to describe the defendant's work ethic.
Judge Kitty K. Brennan dissented, arguing that Harris had not met his burden of showing that the “sentence was based on clearly irrelevant or improper factors.” Brennan said that “baby mama” is merely a “trendy pop-culture term for single mother” without any particular racial connotation.
“At worst, the ‘baby mama’ comment here is an awkward attempt by the trial court to sound hip to a defendant when explaining how his idleness and lack of ambition are negative character traits especially in contrast to the mother of his child,” Brennan wrote. WISBAR
Then I got to the footnotes and they cited the Urban Dictionary and Wikipedia I died. They threw this tidbit in the footnotes:
The phrase “baby mama” is said to have originated in Jamaican creole as a reference to an unmarried mother and is now common in American hip hop. See Wikipedia, http://en.wikipedia.org/wiki/Baby_mama (last visited December 17, 2008). Urbandictionary.com offers several definitions for a “baby mama,” including: “The mother of your child(ren), whom you did not marry and with whom you are not currently involved. [As in,] ‘Oh her? She ain’t nothing to me now, girl, she just my baby mama. So, can I get your number?’” See http://www.urbandictionary.com/define.php?term=baby%20mama (last visited December 17, 2008).SOURCE
I know the law clerks had a blast with this one. Needless to say, I am as mystified as the sentencing judge. How can someone so clearly lacking in ambition with no inclination for an honest days work end up living off a woman with a job going to school full time? That however is discriminatory based on gender and should play no role in sentencing. I'm not a judge, he is.
I have nothing against stay-at-home Dads. I am against stay at home Dads who get high all day while they are supposed to be watching their children. I thought drug dealers didn't use their own product?
I am marginally miffed that in the age of Jerry Springer "baby mama" now equals Black.
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Reader Comments (21)
There is no club, but there is a mentality that exists among many women....however it is most prevalent in a certain community and we all know which community that is. We must stop the madness and by "we", everyone knows of whom I speak.
One more point...how about no marriage = no kids. That would be a great start even though we all know that marriage is not a 100% certifiable preventive method for this epidemic.
I know women who let stay at home and there aren't even any kids. I call it the Captain Save a Brotha Syndrome.
White folks have had their one or two movies where they refer to white women as baby mamas, but we got daytime TV that is pretty much baby mama drama all day starring us, on every court show and talk show.
I know women who let their so called man stay at home and there aren't even any kids. I call it the Captain Save a Brotha Syndrome.
White folks have had their one or two movies where they refer to white women as baby mamas, but we got daytime TV that is pretty much baby mama drama all day starring us, on every court show and talk show.
Aphrodite said recently... [On Khadija's Muslim Bushido blog http://muslimbushido.blogspot.com/2009/02/you-dont-need-anybodys-permission-to.html?showComment=1235358660000#c8410897149239707251" rel="nofollow">http://muslimbushido.blogspot.com/2009/02/you-dont-need-anybodys-permission-to.html?showComment=1235358660000#c8410897149239707251]
Fantasia's Baby Momma is a shout out to all the baby mammas out there. I googled the lyrics:
[chorus]
B-A-B-Y M-A-M-A
This goes out to all my baby mamas
This goes out to all my baby mamas
B-A-B-Y M-A-M-A
This goes out to all my baby mamas
I got love for all my baby mamas
It's about time we had our own song
Don't know what took so long
Cause nowadays it's like a badge of honor
To be a baby mama
I see ya payin' ya bills
I see ya workin' ya job
I see ya goin' to school
And girl I know it's hard
And even though ya fed up
With makin' beds up
Girl, keep ya head up
All my
[chorus]
B-A-B-Y M-A-M-A
This goes out to all my baby mamas
This goes out to all my baby mamas
B-A-B-Y M-A-M-A
This goes out to all my baby mamas
I got love for all my baby mamas
I see you get that support check in the mail
You open it and you're like, "What the Hell?"
You say, "This ain't even half of daycare"
Sayin' to yourself, "This shit ain't fair"
And all my girls who don't get no help
Who gotta do everything by yourself
Remember, what don't kill you can only make you stronger
My baby mama
[chorus]
B-A-B-Y M-A-M-A
This goes out to all my baby mamas
This goes out to all my baby mamas
B-A-B-Y M-A-M-A
This goes out to all my baby mamas
I got love for all my baby mamas
Cause we the backbone (of the hood)
I always knew that (that we could)
We can go anywhere, we can do anything
I know we can make it if we dream
And I think it should be a holiday
For single mothers, tryin' to make a way
But until then, here is your song
Show love to my....
[chorus]
B-A-B-Y M-A-M-A
This goes out to all my baby mamas
This goes out to all my baby mamas
B-A-B-Y M-A-M-A
This goes out to all my baby mamas
I got love for all my baby mamas
February 22, 2009 9:11 PM
What if the judge had offered to help this man/boy find a job? or even offered the man/boy a job? You know...."Stop smoking weed and we'll find you something Mr. Harris?"
Correct me if my Ghetto venacular is off, but isn't he the "Baby's Daddy" instead of the other way around? LOL
Oh Jesus.
Oh My.
Sigh.
You know, I often wonder where these women are too. What the hell?
I'm at a loss for words...wow...smh
Two points:
1) There is a club for single women with kids supporting "no-count" men. One of the main membership requirements is having an absent father or fathers with only peripheral involvement in their lives. I wonder how many black women are eligible for membership.
2) One of the rules of membership is studying other cultures for tips on how to keep men. Apparently Puerto Rican, white, and Asian women know how to keep Black men happier than a black chick ever could.
LOL, that was funny.
Good lord, when are black women going to get it through their thick skulls that you cannot rehabilitate a bum man via your lady parts?
I just don't understand how a man is not motivated to make money for his children all day every day. These men are so far from true manhood it is almost sickening. I'm surprised their penises even work. SMH.
outside of this idiot's drug dealing, how does a stay-at-home dad deserve any less respect and recognition than a housewife or homemaker?
@joel he doesn't that's why I said there was clear gender discrimination goign on.
@joel
I don't think it would have been a big deal if he was home if it wasn't for the smoking and dealing. I get the impression the judge was mfed b/c he was at the crib smoking and dealing even though he was supposed ot be taking care of the kid
Funny you post this. My friend and I was just talking about what sistas are willing to put up with just for the sakes of having a AA man.
wow..is all I can say is wow...
Are people really upset that a (presumably) white judge called a black woman a baby momma? Seriously? Not the fact that the man was home taking care of a toddler while using and dealing in an illegal substance (with the potential for violence)? I'm with the judge - is there a club of black women who are trying to get their stuff right yet playing house with man/boys? The judge called it right..he called out a sad statistic: every one in four defendant that comes before the court is unemployed, stay-at-home man while his s/o is out working and advancing her education/earning potential. I'd ask if there was a club too..and it need to be destroyed with a quickness.
Apparently Puerto Rican, white, and Asian women know how to keep Black men happier than a black chick ever could.
I'm really tired of people using this against black women as though to imply we are lacking something. More often than not, the black men who are [b]happier with women of other races[/b] have some level of deeply ingrained social issues (to varying levels of severity) that predispose them to believing that anything is better when it's coming from anybody but a sister.
They prefer the look, the hair, the different body type, they perceive them as more successful even though the sister may stack up toe-to-toe on paper. They often overlook any negatives (especially so called "gold digging") when it's coming from anybody but a sister.
It's not that black women need to "step their game up" to compete with other races, because it is always a losing battle when compared to something you possibly cannot be (i.e. Puerto Rican or Asian).
Because if a man is truly happy with his chocie, and his choice is REALLY about qualities he likes and finds preferable, then he will not constantly make the downward comparison to black women. It's the constant comparison to sisters that sheds light on what the true issue is. These women are keeping black men happier, simply, because they are anything BUT a black woman and because of deeply rooted social issues, are automatically given a lot more preference, and preferential treatment, because of it. And any black man happier with a woman of another race (as opposed to just another woman, period) needs to stay there and keep their racially ingrained issues away from sisters who already have enough to deal with.
I, for one, don't think we, as black women, need to be on a mission to get them back, win them over, or make them "happier with us". That, quite frankly, is a losing battle no matter how you cut it.
Actually, the mass majority of biracial children resulting from black male/white female relationships are raised by their SINGLE WHITE MOTHERS.
It really doesn't matter what the race of the mother is, a child whose father is a black male is most likely to be born out of wedlock and raised by their single mother than if the father was of any other race.
@ Malia- Truest post I've read in years.
wow. is all i can say... wow
If we, Black women, continue to expect less and accept less, we'll continue to get less. The old adage was "a son's a son til he takes a wife" not til he takes him a Baby Mama. So to the women who are willing to put up with the Baby Daddy/Baby Mama drama, regardless of race--can't seem to understand is that you can't make a man if he's still living his life as somebody's "son".
Okay, I've skimmed all the comments and by far, I have to say, people never cease to amaze me at how eager they are to prove their ignorance by A. missing the point entirely and B. judging something you have absolutely NO IDEA ABOUT because you sit and watch Jerry Springer (ahem let's not forget every race has their own disparaging stereotype) and/or claim your "knowledge" by watching rap videos or some other crazy talk show on TV. May I add that while you sit patronizing over culture recognition, is it not those rappers (and other great performers and idols) that have MADE IT to stardom/success...many from those same streets of the 'hood' and 'ghetto'....from the world of Baby Mama Sugar Mama clubs? People should really use those neurons before speaking. It's absurd.
Now, to the issue at hand; I don't condone the way the defendant chose to "make his money", but from the lack of facts/info given just in this article, he was not quoted to admitting he sat at home and "got high all day". Dealing does not mean using. Also, this article does not state what time of the day he was caught dealing these drugs. So if he was home all day with his child while the mother went to work and school, could this not have happened when the child was home with the mother and he was out? Does it make it better? Yes and no. I, for one, find it very disturbing how somehow the Mother has become the target here. HE is in court for HIS actions. Again, I don't see where defendant or judge have stated to this couple being unmarried! The judge took upon himself to use the term "baby's mama" (i.e., baby's mom, baby's mother, etc) and we just assume he meant that because they're not married? Where I'm from, that term is used only when insinuating there are no relationship ties between the 2 parties. So, in theory, if they are married and this was the situation at hand, for those wanting to bring the bible and God into this, isn't she obligated to stand by his side and stay with him? What if she didn't know about what was going on outside of home? There are many (oh so many) scenarios, but it's amazing how 9 of 10 who read this have chosen to assume the worst and belittle both the dad and the mom of that child. I am a Latina single mother (aka BABY MAMA) of 3 who works and no, the dad doesn't live with me nor do I support anybody other than myself and my children. I was raised and live in the "hood", but not in the same ways that many others (including the father of my children) grew up. Yes, there are many women who need to better themselves and stop living as if a man is needed in their lives...that goes for those WHITE WOMEN who marry into MONEY, too. I guess that's a lot better than a minority woman staying with an unemployed "deadbeat" because of love and/or to try and break the statistical turn around of children raised without a father and the negative turnout, huh?