Sounds of Life: Fetal Heartbeat Bills and the Politics of Animacy
June 2018 was marked by the amplification of distant warning sounds regarding the fate of abortion rights in the United States. Although within recent months there have been positive steps forward, such as in Ireland and Argentina, within a broader politics of abortion, the medical procedure remains illegal and inaccessible across large swaths of the globe. Since abortion was legalized in the U.S. in 1973, anti-abortion advocates have chipped away at the constitutional “right” such that its current status is more of a “privilege.” After a recent victory for “crisis pregnancy centers” (fake clinics), in combination with the resignation of Justice Anthony Kennedy from the Supreme Court, the past few weeks have sounded further alarms within the decades-long “abortion wars.” These wars have included not only devastating anti-abortion legislation such as the Hyde amendment, but violence against abortion clinics (including 11 murders and 26 attempted murders) and the quieter yet just as nefarious technologization and romanticization of the fetal heartbeat.
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The “Heartbeat Protection Act” of 2017 (H.R. 490) would make it illegal for physicians to “knowingly perform an abortion: (1) without determining whether the fetus has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a fetus has a detectable heartbeat.” Introduced by the 115th United States Congress, the bill is a nation-wide version of existing, state-level “heartbeat bills” promising to “protect every child whose heartbeat can be heard.” The “Heartbeat Protection Act” would effectively make it illegal for doctors to terminate pregnancies after six or seven weeks’ gestation, at which time a heartbeat typically can be detected. The bill makes it clear that the abortionist, and not the pregnant person, is the moral agent within the context of pregnancy termination: “A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both,” while “A woman [sic] who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.” As of May 2018, a total of 59 heartbeat bans have been proposed over the past seven years.
“Heartbeat” bills not only articulate the subjecthood of physicians and the objecthood of pregnant bodies; they also rely on the animating capacity of sound in their efforts to enliven embryos and fetuses. In Animacies: Biopolitics, Racial Mattering, and Queer Affect, Mel Chen describes “animacy” as a “slippery” value problematizing the contemporary biopolitical boundaries between ontological categories dividing “the living” from “the dead” (9). Hierarchies of animacy indicate the ways in which entities perceived to be nonhuman or nonliving, such as monkeys, lead, and toxins, are endowed with racialized and/or gendered “human” qualities through the politicization of language and figuration (The 2007 “lead panic” in the U.S., in which Chinese-manufactured toys were viewed as unidirectional transmitters of racialized toxicity, is an example). The sounds of fetal heartbeats are implicated in the construction of a hierarchy of animacy as they render pregnant bodies less animate. Drawing from Chen in exploring a politics of animacy can help us understand the animating and silencing capacities of reproductive healthcare legislation and restrictions. Within this politics, the fetal heartbeat becomes so loud that it silences the pregnant person.

A sonogram and Doppler visualization, Image by Flickr User DYT, (CC BY-NC-ND 2.0)
This silencing and objectification of pregnant bodies occurs not only through anti-abortion legislation but in the sphere of the everyday. The pregnant body becomes animated with the capacity (and expectation) for nurturing and selflessness, while its contents are animated with qualities of potentiality and personhood. As feminist phenomenologist Iris Marion Young points out in an essay on pregnant embodiment (which can be found in her collection On Female Body Experience), the pregnant body not only becomes a synecdochal figuration for heteropatriarchal structures and narratives, but is experienced as “Other” even from a first-person perspective: “in pregnancy I literally do not have a firm sense of where my body ends and the world begins” (50). Pregnant people can expect to be stared at, to get asked personal or even inappropriate questions, and to have their bodies touched without consent as they move through public space. The presumed ownership over female-presenting bodies is magnified when these bodies are perceived as housing another living being presumed to be the progeny and property of a male “father figure.” The blurred line between internality and externality allows for a further window through which the surveillant male gaze can stare, and through which the sounds of sonic patriarchy can be broadcast.

Image by Flickr User jennykarinaflores, (CC BY 2.0)
The concept of the “male gaze” is at this point well recognized; “sonic patriarchy” can be heard to be its aural counterpart. Sonic patriarchy is a concept I have theorized in order to give name to the domination of a sound world in gendered ways, as well as to the control of gendered bodies via sound. In public space, sonic patriarchy can be heard in the catcalls and whistles and mansplaining that grope their way into the aural space of female and feminine bodies. And, as Christine Ehrick points out, masculine voices can be heard as a signifier of power within a “gendered soundscape.” Sonic patriarchy can be heard within private space, too; recently, a friend texted me about a roommate’s boyfriend who never bothers to use headphones when listening to music in the living room “even though he doesn’t even live here!” Both the male gaze and sonic patriarchy are misogynist and objectifying forces that shape and control space, demarcating boundaries of safety, mobility, and accessibility for many female and gender-nonconforming bodies. However, these modes of surveillance and control have been discussed primarily through a visual lens within the realm of feminist and queer theory.
The sonification of the male gaze manifests in mundanities, such as the daily catcalls women are subjected to in literally every corner of the world, and in more disturbing contexts such as anti-abortion rhetoric, which I’ve observed through my ethnographic work at abortion clinics throughout the United States. At these demonstrations, the bodies of clinic patients are invaded both literally, with the shouting of the protesters, and figuratively, in the making-public of the figure of the fetus with four-foot-tall posters depicting mangled fetal body parts. Ironically, these inanimate posters animate the figure of the fetus as they lend more humanity and visibility to the imagined contents of a pregnant body; meanwhile the pregnant person fades into a mere backdrop for this spectacle. This voyeurism also occurs sonically, as the protesters ‘give voice to’ imaginary fetuses by yelling “Mommy, mommy don’t kill me!” In the space of the clinic protest, feminized ears exist as gendered and sexualized organs in which masculine vocalizations can penetrate and reverberate. Just as misogynist conceptions of female sexual receptivity frequently ignore the word “no” and the concept of consent itself, these vocalizations ignore the active non-consent of the patients as they persistently rupture their aural space.
The patriarchal control of the sound world, whether on the sidewalk outside an abortion clinic or in a doctor’s office, is a reminder of broader schemes of biopolitical control that have been at play in the U.S. since the late 1970s, when previously apolitical evangelical Christians were drawn into political conversations through the transformation of abortion access into a “moral issue.” Within this discourse, the politicized female body is assumed to be perpetually pre-pregnant, a muted object housing a potential subject. At abortion clinic protests, the seemingly mundane act of “exercising free speech” vocalizes not only an opposition to abortion as a medical procedure, but also an assertion of the four decades of “moral authority” that have limited access to and availability of this medical procedure through a sustained regulation of the bodily autonomy of female citizens. The fetus is animated in service of this authority through tactics that range from fetal heartbeat bans to the amplification of an “acousmatic fetus” at a North Carolina abortion clinic protest:
https://twitter.com/heyitscalla/status/991719274178863104
When it comes to anti-abortion politics, the rhetoric hinges on the making public of the internal space of the womb in order to more effectively level the male gaze (and its listening ear) at the figure of the fetus. Anti-abortion rhetoric relies on the dissolution of boundaries between the public and the private; remember that the right to an abortion was eventually won in 1973 not on the grounds of bodily autonomy but on the constitutional “right to privacy.” These boundaries perpetuate gendered divisions of space that deem public space the space of men, while relegating women to the “private space” of the home. Female-presenting bodies are therefore seen (and heard) to be out of place in public space, even when the contents of their bodies are not. And when the focus always lies on these possible contents, female-presenting bodies are always assumed to be pregnant. Their bodies come to represent what Lauren Berlant, in her 1994 essay titled “America, ‘Fat,’ the Fetus,” describes as “fetal motherhood” (147). Within this representation, the female body possesses value only through the promise of its eventual maternal status. Within a patriarchal economy of reproduction and citizenship, the female body accrues value through its capacity to sustain and revitalize “the nation”; Berlant points out that pro-life rhetoric has in its turn revitalized the female body as a symbol of nation-formation.
Berlant argues that political and cultural rhetoric in the U.S. transforms pregnant people into babies and unborn babies into full-on “persons” through this process of “fetal motherhood.” She details this process and its implications within a broader sociopolitical discourse that hinges not only on dehumanizing tactics that reduce women to objects, but on the expectation and exploitation of the all-too-human capacity for nurturing and motherhood that society demands from women. This rhetoric is meant to mobilize the figure of the fetus in what Berlant refers to as “the nationwide competition between the mother and the fetus that the fetus, framed as a helpless, choiceless victim, will always lose” since “the fetus has no voice” (150-151). Providing a voice for the fetus has been a primary tactic in anti-abortion strategies within this “competition.” Animating the fetus’s body and voice therefore always involves the erasure and silencing of the pregnant person, who, in the state of “fetal motherhood,” is flattened into an entity as two-dimensional as an anti-abortion protester’s photoshopped poster. And just as dominant narratives and vocabularies for sonic reproduction frequently neglect the gendered implications of the term, broader political concepts of “reproduction” listen more closely to the product of motherhood than to mothers themselves.

Image by Flickr user TR Haun, (CC BY-ND 2.0)
The heartbeat bans are only one component of the anti-abortion trend in the U.S., where 288 abortion restrictions have been enacted since 2010. These bills typically deny the agency of pregnant people, while affirming the moral agency of doctors and the “personhood” of embryos and fetuses. Yet that has not stopped pregnant people, and particularly pregnant people of color, from enduring punishment. The most well-known case is probably that of Purvi Patel, an Indian American woman who self-aborted in 2015 and was subsequently sentenced to 20 years in prison after an Indiana jury found her guilty of feticide (She served about a year and a half before a judge reduced her sentence to eighteen months, resulting in her release). Within the dominant hierarchy of animacy in contemporary reproductive rights, the agency of potential persons is amplified so loudly that it drowns out the agency of actual people existing in the world. Control of the sound world doesn’t just mirror visual control over bodies and the worlds they move through, it enacts new and arguably more invasive limits on these bodies. Whether clamoring for an audience on the sidewalks of public space, or quietly sonifying potential life via Doppler technology, the sounds of sonic patriarchy continue to interrupt feminist endeavors for autonomy and agency.
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Featured Image: March for Life, Washington DC 2015 by Flickr User American Life League, (CC BY-NC 2.0)
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Rebecca Lentjes is an NYC-based writer and gender equality activist. Her work has appeared in VAN Magazine, Music & Literature, TEMPO Quarterly Review of New Music, Bachtrack, and I Care If You Listen. By day she researches anti-abortion protests as an ethnomusicology PhD student at Stony Brook University and works as an editor and translator at RILM Abstracts of Music Literature; by night she hatches schemes to dismantle the patriarchy.
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Playin’ Native and Other Iterations of Sonic Brownface in Hollywood Representations of Dolores Del Río
Mexican actress Dolores Del Río is admired for her ability to break ground; her dance skills allowed her to portray roles not offered to many women of color early in the 20th Century. One of her most popular roles was in the movie Ramona (1928), directed by Edwin Carewe. Her presence in the movie made me think about sonic representations of mestizaje and indigeneity through the characters portrayed by Del Río. According to Priscilla Ovalle, in Dance and the Hollywood Latina: Race, Sex and Stardom (2010), Dolores del Río was representative of Mexican nationhood while she was a rising star in Hollywood. Did her portrayals reinforce ways of hearing and viewing mestizos and First Nation people in the American imaginary? Is it sacrilegious to examine the Mexican starlet through sonic brownface? I explore these questions through two films, Ramona and Bird of Paradise (1932, directed by King Vidor), where Dolores del Río plays a mestiza and a Polynesian princess, respectively, to understand the deeper impact she had in Hollywood through expressions of sonic brownface.
Before I delve into analysis of these films and the importance of Ramona the novel and film adaptions, I wish to revisit the concept of sonic brownface I introduced here in SO! in 2013. Back then, I argued that the movie Nacho Libre and Jack Black’s characterization of “Nacho” is sonic brownface: an aural performativity of Mexicanness as imagined by non-Mexicans. Jennifer Stoever, in The Sonic Color Line (2017), postulates that how we listen to particular body(ies) are influenced by how we see them. The notion of sonic brownface facilitates a deeper examination of how ethnic and racialized bodies are not just seen but heard.
Through my class lectures this past year, I realized there is more happening in the case of Dolores del Río, in that sonic brownface can also be heard in the impersonation of ethnic roles she portrayed. In the case of Dolores del Río, though Mexicana, her whiteness helps Hollywood directors to continue portraying mestizos and native people in ways that they already hear them while asserting that her portrayal helps lend authenticity due to her nationality. In the two films I discuss here, Dolores del Río helps facilitate these sonic imaginings by non-Mexicans, in this case the directors and agent who encouraged her to take on such roles. Although a case can be made that she had no choice, I imagine that she was quite astute and savvy to promote her Spanish heritage, which she credits for her alabaster skin. This also opens up other discussions about colorism prevalent within Latin America.
First, let us focus on the appeal of Helen Hunt Jackson’s Ramona (1884), as it is here that the cohabitation of Scots, Spanish, Mestizos, and Native people are first introduced to the American public in the late 19th century. According to Evelyn I. Banning, in 1973’s Helen Hunt Jackson, the author wanted to write a novel that brought attention to the plight of Native Americans. The novel highlights the new frontier of California shortly after the Mexican American War. Though the novel was critically acclaimed, many folks were more intrigued with “… the charm of the southern California setting and the romance between a half-breed girl raised by an aristocratic Spanish family and an Indian forced off his tribal lands by white encroachers.” A year after Ramona was published, Jackson died and a variety of Ramona inspired projects that further romanticized Southern California history and its “Spanish” past surged. For example, currently in Hemet, California there is the longest running outdoor “Ramona” play performed since 1923. Hollywood was not far behind as it produced two silent-era films, starring Mary Pickford and Dolores del Río.
The charm of the novel Ramona is that it reinforces a familiar narrative of conquest with the possibility of all people co-existing together. As Philip Deloria reminds us in Playing Indian (1999), “The nineteenth-century quest for a self-identifying national literature … [spoke] the simultaneous languages of cultural fusion and violent appropriation” (5). The nation’s westward expansion and Jackson’s own life reflected the mobility and encounters settlers experienced in these territories. Though Helen Hunt Jackson had intended to bring more attention to the mistreatment of native people in the West, particularly the abuse of indigenous people by the California Missions, the fascination of the Spanish speaking people also predominated the American imaginary. To this day we still see in Southern California the preference of celebrating the regions Spanish past and subduing the native presence of the Chumash and Tongva. Underlying Jackson’s novel and other works like Maria Amparo Ruiz De Burton The Squatter and the Don (1885) is their critique of the U.S. and their involvement with the Mexican American War. An outcome of that war is that people of Mexican descent were classified as white due to the signing of Treaty of Guadalupe Hidalgo and were treated as a class apart. (See Michael Olivas’ anthology, Colored Men and Hombres Aqui from 2006 and Ignacio M. García, White but not Equal from 2008). These novels and films reflect the larger dominant narrative of whiteness and its relationship to nation building. Through Pickford’s and del Río’s portrayals of Ramona they reinforce the whiteness of mestizaje.

Screenshot from RAMONA (1910). Here, Ramona (played by Mary Pickford) finds out that she has “Indian blood.”
In 1910, Mary Pickford starred in D.W. Griffith’s short film adaptation of Ramona as the titular orphan of Spanish heritage. Henry B. Walthall played Alessandro, the Native American, in brownface to mimic physical attributes of the native Chumash of Southern California. Griffith also wanted to add authenticity by filming in Camulas, Ventura County, the land of the Chumash and where Jackson based her novel. The short is a sixteen-minute film that takes viewers through the encounter between Alessandro and Ramona and their forbidden love, as she was to be wedded to Felipe, a Californio. There is a moment in the movie when Ramona is told she has “Indian blood”. Exalted, Mary Pickford says “I’m so happy” (6:44-6:58). Their short union celebrates love of self and indigeneity that reiterates Jackson’s compassionate plea of the plight of native people. In the end, Alessandro dies fighting for his homeland, and Ramona ends up with Felipe. Alessandro, Ramona, and Felipe represent the archetypes in the Westward expansion. None had truly the power but if mestizaje is to survive best it serve whiteness.
Edwin Carewe’s rendition of Ramona in 1928 was United Artists’ first film release with synchronized sound and score. Similar to the Jazz Singer in 1927, are pivotal in our understanding of sonic brownface. Through the use of synchronized scored music, Hollywood’s foray into sound allowed itself creative license to people of color and sonically match it to their imaginary of whiteness. As I mentioned in my 2013 post, the era of silent cinema allowed Mexicans in particular, to be “desirable and allowed audiences to fantasize about the man or woman on the screen because they could not hear them speak.” Ramona was also the first feature film for a 23-year-old Dolores del Río, whose beauty captivated audiences. There was much as stake for her and Carewe. Curiously, both are mestizos, and yet the Press Releases do not make mention of this, inadvertently reinforcing the whiteness of mestizaje: Del Río was lauded for her Spanish heritage (not for being Mexican), and Carewe’s Chickasaw ancestry was not highlighted. Nevertheless, the film was critically acclaimed with favorable reviews such as Mordaunt Hall’s piece in the New York Times published May 15, 1928. He writes, “This current offering is an extraordinarily beautiful production, intelligently directed and, with the exception of a few instances, splendidly acted.” The film had been lost and was found in Prague in 2005. The Library of Congress has restored it and is now celebrated as a historic film, which is celebrating its 90th anniversary on May 20th.
In Ramona, Dolores del Río shows her versatility as an actor, which garners her critical acclaim as the first Mexicana to play a starring role in Hollywood. Though Ramona is not considered a talkie, the synchronized sound comes through in the music. Carewe commissioned a song written by L. Wolfe Gillbert with music by Mabel Wayne, that was also produced as an album. The song itself was recorded as an instrumental ballad by two other musicians, topping the charts in 1928.
In the movie, Ramona sings to Allessandro. As you will read in the lyrics, it is odd that it is not her co-star Warner Baxter who sings, as the song calls out to Ramona. Del Río sounds angelic as the music creates high falsettos. The lyrics emphasize English vernacular with the use of “o’er” and “yonder” in the opening verse. There are moments in the song where it is audible that Del Río is not yet fluent speaking, let alone singing in English. This is due to the high notes, particularly in the third verse, which is repeated again after the instrumental interlude.
I dread the dawn
When I awake to find you gone
Ramona, I need you, my own
Each time she sings “Ramona” and other areas of the song where there is an “r”, she adds emphasis with a rolling “r,” as would be the case when speaking Spanish. Through the song it reinforces aspects of sonic brownface with the inaudible English words, and emphasis on the rolling “rrrr.” In some ways, the song attempts to highlight the mestiza aspects of the character. The new language of English spoken now in the region that was once a Spanish territory lends authenticity through Dolores del Río’s portrayal. Though Ramona is to be Scottish and Native, she was raised by a Spanish family named Moreno, which translates to brown or darker skin. Yes, you see the irony too.

United Artists Studio Film Still, under Fair Use
Following Del Río’s career, she plays characters from different parts of the world, usually native or Latin American. As Dolores del Río gained more popularity in Hollywood she co-starred in several movies such as Bird of Paradise (1932), directed by King Vidor, in which she plays a Polynesian Princess. Bird of Paradise focuses on the love affair between the sailor, played by Joel McCrea, and herself. The movie was controversial as it was the first time we see a kiss between a white male protagonist with a non-Anglo female, and some more skin, which caught the eye of The Motion Picture Code commission. Though I believe the writers attempted to write in Samoan, or some other language of the Polynesian islands, I find that her speech may be another articulation of sonic brownface. Beginning with the “talkies,” Hollywood continued to reiterate stereotypical representations though inaccurate music or spoken languages.
In the first encounter between the protagonists, Johnny and Luana, she greets him as if inviting him to dance. He understands her. He is so taken by her beauty that he “rescues” her to live a life together on a remote island. Though they do not speak the same language at first it does not matter because their love is enough. This begins with the first kiss. When she points to her lips emphasizing kisses, which he gives her more of. The movie follows their journey to create a life together but cannot be fully realized as she knows the sacrifice she must pay to Pele.
I do not negate the ground breaking work that Dolores del Río accomplished while in Hollywood. It led her to be an even greater star when she returned to Mexico. However, even her star role as Maria Candelaria bares some examination through sonic brownface. It is vital to examine how the media reinforces the imaginary of native people as not well spoken or inarticulate, and call out the whiteness of mestizaje as it inadvertently eliminates the presence of indigeneity and leaves us listening to sonic brownface.
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reina alejandra prado saldivar is an art historian, curator, and adjunct lecturer in the Women, Gender and Sexuality Studies Program and Liberal Studies Department at CSULA and in the Critical Studies Program at CALArts. As a cultural activist, she focused her earlier research on Chicano cultural production and the visual arts. Prado is also a poet and performance artist known for her interactive durational work Take a Piece of my Heart as the character Santa Perversa (www.santaperversa.com) and is currently working on her first solo performance entitled Whipped!
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Featured image: Screenshot from “Ramona (1928) – Brunswick Hour Orchestra”
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