Eli Rubashkyn's Pour Decision
Why it's important that the law be upheld - and be seen to be so
Trans activist Eli Rubashkyn is facing assault charges for pouring tomato juice over Posie Parker, an opposing activist, during an event in Auckland. While I wouldn’t normally say this, I find myself hoping the courts will not shy away from enforcing the law in this case.
Let me be clear, this sentiment does not stem from a personal bias against Rubashkyn or particular desire to see her punished. For all I know, we are talking a good person who made a misguided decision in the heat of the moment. Rubashkyn has, it seems, had a difficult life and while that is not a get-out-of-jail-free card it does work on one’s sympathies.
It would also not be the first time a person has resorted to a physical act to make a political point and it’s not always a given that such incidents are prosecuted.
However, the fact is that this incident was very widely publicised. The coverage frequently took a celebratory tone, such as this lengthy hagiography in Stuff. In that story, Rubashkyn not only demonstrates no remorse or introspection about the assault but urged on others to follow the example.
It is this audacity and associated glorification that demands rebuke for the common good.
Every individual, regardless of their position or status, is subject to the law. Nobody is above it. Disagreement with lawful political activities, no matter of righteously felt, confers no licence on Rubashkyn or anybody else to flout laws that are intended to protect us all.
The tomato juice incident, regardless of personal motivations or intended political statement, was an assault. To ignore or trivialise this would be to set a dangerous precedent. It implicitly endorses the violation of the person as an acceptable means of political protest.
It sends a message that one can break the law with impunity, as long as they align their actions with a cause that garners the sympathy of the right people.
Excessive punishment or unduly harsh retribution is not called for. Nevertheless, the activist must be held accountable in a manner consistent with how Posey would be held accountable had she done the same to Rubashkyn. This is what the rule of law demands: unbiased, consistent enforcement of our laws, regardless of who the individual is or the nature of their cause.
The media also has a role to play in this. While news outlets have every right to provide a platform for trans rights and advocacy, they should not glamorise or endorse this kind of thing in the way that it did in this case. Quite aside from the risk of encouraging similar actions, it does great harm to the reputation of the press for balanced and responsible dealing.