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Robert, Nikia Smith -- BREAKING THE LAW WHEN THE LAW BREAKS US: A WOMANIST THEO-ETHICAL APPROACH TO PUBLIC POLICY AND CRIMINAL JUSTICE ADVOCACY FOR THE BLACK CHURCH PDF

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BREAKING THE LAW WHEN THE LAW BREAKS US: A WOMANIST THEO-ETHICAL APPROACH TO PUBLIC POLICY AND CRIMINAL JUSTICE ADVOCACY FOR THE BLACK CHURCH A dissertation Presented to The faculty of Claremont School of Theology In partial fulfillment of the Requirements for the Degree Doctor of Philosophy by Nikia Smith Robert December 2020 Copyright © 2020 by Nikia Smith Robert NT S C HOOL OF T O H M E O E L R O A G L Y C 188 5 This Dissertation completed by Nikia Smith Robert has been presented to and accepted by the Faculty of the Claremont School of Theology in partial fulfillment of the requirements of the degree Doctor of Philosophy Faculty Committee Monica A. Coleman, University of Delaware, Chairperson Grace Y. Kao, Claremont School of Theology Roberto Sirvent, Hope International University Dean of the Faculty Sheryl Kujawa-Holbrook December 2020 ABSTRACT BREAKING THE LAW WHEN THE LAW BREAKS US: A WOMANIST THEO-ETHICICAL APPROACH TO PUBLIC POLICY AND CRIMINAL JUSTICE ADVOCACY FOR THE BLACK CHURCH by Nikia Smith Robert There is a peculiar overlap between churches and the carceral state whereby Christianity generally, and Black churches specifically, have contributed to extreme and unnecessary suffering by embracing punitive theologies that justify the criminalization of poor Black mothers who break the law to survive and secure quality of life. A framing question that guides this study is: How can socially justice-oriented Black churches connect liberatory ecclesial teachings with transformative justice strategies and public policy designs to undermine the carceral state and advocate for impoverished Black mothers? Hitherto, there is a lacuna in religious scholarship that I fill by responding to this inquiry and by according primacy to Black women’s experience with criminality. Ergo, the title of this dissertation is, Breaking the Law When the Law Breaks Us: A Womanist Theo-Ethical Approach to Public Policy and Criminal Justice Advocacy for the Black Church. This research is located at the intersections of theology, ethics and public policy. I use critical race theory, constructive religious values and womanist virtue ethics as a methodology to pursue three essential tasks: 1) to illuminate Black women’s plight with criminality, 2) to investigate the ways in which Black women suffer from harmful church teachings and practices that reinforce carceral logic, and 3) to propose a womanist theo-ethical approach that helps churches use a 2x2 typological assessment tool to identify liberative theologies, transformative justice strategies and public policies that advocate for Black women’s thriving. This study engages statistical data, high-profile vignettes and personal experience to show the integral role poor Black mothers play in their capacity as nurturers and providers to stabilize households, communities and contribute to society. In comparison to the value that some poor Black mothers holistically provide, I show the ways in which carcerality is costly, consequential and causes excessive harm that is wrought with economic inequalities and interlocking oppressions. In addition, there are harmful church teachings of sin, sacrifice and respectability that reproduce carceral logic by limiting and foreclosing poor Black mothers whose agency transgresses the boundaries of acceptable norms. Thus, in view of the convergences of church and society in relation to the carceral state, I maintain that the criminalization of poor Black mothers’ agentic survival practices is sine qua non to an exigent problem of the twenty-first century that requires an urgent response. The transdisciplinary focus of this dissertation contributes to the study of religion by constructing a womanist theo-ethical approach that reappraises Black mothers’ extralegal survival practices as a source of moral integrity, introduces a liberation theology of courageous change and creates a 2x2 assessment tool for churches to evaluate its teachings and practices. I also present an aspirational church called “The Abolitionist’s Sanctuary” that uses abolitionist ideals, liberatory teachings and identifies three public policy areas (education, economy and criminal justice) that aim to repair, restore and strengthen individuals and communities. The study implication is for churches to embrace a womanist theo-ethical approach in hopes that their ecclesial teachings and practices align with liberatory interventions to undermine the carceral state and promote human flourishing. Hence, this dissertation engages and expands transdisciplinary discourses of theology, ethics and criminal justice policy by centering the experiences of poor Black mothers who are besieged for breaking the law when the law breaks us. KEY WORDS Black church studies; Black women; critical carceral studies; criminality; deviance; law; liberation theology; mass incarceration; public policy; religion; respectability politics; sacrifice; salvation; surrogacy; survival; womanist theological ethics. DEDICATION To Carol— Whose survival strategies saved me. ACKNOWLEDGEMENTS This dissertation project emerged as an inquiry. In 2008, as a Master of Divinity student in Dr. James H. Cone’s doctoral Christology seminar at Union Theological Seminary in New York City, we were assigned Crucifixion by Martin Hengel. This text led me to question the connection between Jesus’ 1st century crucifixion and the scapegoating of Black bodies to the modern carceral state. Probing the relationship between the cross and carcerality developed into a seminar paper, a master’s thesis, a publication, and continues to inform my research, including this dissertation. My scholarly interests interrogate the theological and ethical underpinnings of punishment in connection to Black women’s experiences with criminalization and mass incarceration. I am indebted to Dr. Cone for helping me to discover a vocational path that I may not have otherwise considered. This dissertation is, to an extent, possible because he held space for my inquiries and encouraged a faith-seeking commitment to wrestle with advancing the project of liberation. I want to acknowledge the Forum for Theological Exploration (FTE) for providing community and generous funding to complete my studies. I am also appreciative of the support and training of the Wabash community that provided resources for teaching in Academe. Moreover, I am grateful for the Claremont School of Theology and the Religion, Ethics and Society program, especially the funding of Bishop Golden and Elaine Walker. I also want to thank the Fellowship for Protestant Ethics for providing space to think critically about my dissertation project with the feedback and encouragement from a community of peers. I extend thanks to the guilds I have served, including the Executive Board of Directors and Student i Caucus for the Society of Christian Ethics, as well as the Liberation Theologies Steering Committee of the American Academy of Religion. The highest honor of my doctoral studies has been studying with respected senior scholars and having the privilege of working under the supervision of a committee of leading thinkers in womanism and process theology, Christian ethics, legal studies, public policy and criminal justice. I want to extend my highest accolade and admiration for my dissertation committee members and readers: Drs. Grace Y. Kao, Roberto Sirvent, Michelle Alexander and Heather Campbell. I am also especially grateful for my committee chairperson, Dr. Monica A. Coleman, who is a constant support, mentor, champion, teacher and friend. Coleman has always advocated for my whole being as a mother, wife, Chaplain, Itinerant preacher and doctoral student. Dr. Kao has endlessly devoted a plethora of resources and mentorship to push me as a scholar and to strive for academic precision as an uncompromising mark of excellence. Dr. Sirvent has been a consistent presence to help me hone my project and to serve as a bridge to opportunities in the academy. I am honored to have Dr. Alexander as a reader who has given me the confidence and support I needed to believe in this project on days that I had lost sight of its potential value. She has pastored me in ways that have far exceeded the shepherding I received in formal faith-spaces. I am both inspired and encouraged by her character, care and scholarship. I am also thankful to Dr. Campbell for her role as a reader and sharing expertise in public policy to strengthen this project. To all, I extend my deepest gratitude for your tireless efforts in cultivating me as a scholar and helping me to develop this dissertation as a labor of love. UBUNTU is an African principle that often translates to “I am because we are.” My success is inextricably linked to those who have invested in me. I am grateful for the village of moms and administrators at my children’s schools who encouraged me on the tough days of ii multitasking motherhood with doctoral studies and all of life’s competing demands. I am grateful for the village of Girl Scout moms who helped to cover me with playdates and drop-offs/pickups while studying for exams and dissertating. I am thankful for my Huntington Hospital village of chaplains and colleagues who extended grace and covered weekend shifts, sometimes at a moment’s notice, so that I could study and meet the necessary deadlines to advance in my program. I appreciate my Church villages at First AME Church, Pasadena and First AME Church: Bethel for your prayers and steadfast love. I am especially grateful for the financial support and encouragement of my home pastor, Rev. Dr. Henry A. Belin, III and his wife, Rita Sinkfield Belin, ESQ. To my village of mentors and senior scholar supporters: President Angela Sims, Vice President Pamela Lightsey and Associate Vice President Karen Jackson-Weaver, thank you for your wisdom and counsel that sustained me during some of the most critical times. The journey would certainly not be the same without your encouragement and unwavering support. I also want to thank Vincent Lloyd for the endless opportunities you have accorded me to develop as a scholar engaging the intersections of carceral studies and political theology. To my village of dearest sister-friends: Mieasia Edwards, Amy Parrilla, Angela Polite, Cassie McCarty, Erin Pullins and Trecia Simmonds, thank you for your selflessness, generosity, presence, grace, forgiveness, understanding, prayers and constant support along this journey. You helped me to find joy and laughter while holding space for frustrations and difficulties. Your friendship kept me sane, connected and encouraged. An unknown author once said, "A good friend knows all your best stories, but a best friend has lived them with you." Thank you for living the best (and worst) of stories with me, as well as closing this doctoral chapter. iii

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Most books are stored in the elastic cloud where traffic is expensive. For this reason, we have a limit on daily download.