“We were told that the Constitution would shortly be reinstated ... That was correct, but not in the way we’d assumed.”— Aunt Lydia (as narrator) to legal changes following the takeover[1]
The Laws of God and His Servants (here) on Earth are the body of laws that apply in the Republic of Gilead[2].
Principle of Social Classes[]
See also: Social Classes
Gilead does not hold general equality before the law; the legal position of individuals is based on their affiliation to a certain social group called "class": While members of different classes can be sentenced variably for identical "crimes" (see Criminal Law), the individual legal protection within one social class appears uniform. In that spirit, the Gileadean class system "replaces" the Equal Protection Clause of the suspended Constitution of the United States.
Legal Specifics of Female Classes[]
Marital Status[]
Single (non-widowed) women in Gilead fear being classed as "Unwomen", i.e. stripped of any human rights[3], which means they can be detained arbitrarily to be executed or obliged to forced labor without trial[4][5]. However, prospective Unwomen are consistently offered to be married off or to "redeem" themselves as a Martha[6], Handmaid[7], or Jezebel[8].
Due Process[]
Unlike married women and known male classes[9], some classes of unmarried women like Marthas and Handmaids lack the right to a fair trial, and they have their mouth muzzled during trial when being charged.[10]
Ban on Owning Property[]
Women in Gilead aren't allowed to own property. Existing or acquired property is transferred to the next male relative[10], which includes non-linear relatives like nephews[3]. Exceptions may be made for the Widows of Commanders to inherit their estates, at least until they remarry.[11]
Ban on Literacy[]
Gileadean females who aren't classed as Aunts (or one of their subclasses) are not allowed to read or write. Any breach is punished by amputation of a finger or two or even an entire hand[12].
Criminal Law[]
Criminal law is absolute in Gilead, and is often based on biblical verses. Any rule-breaking or subversion is harshly punished. Criminals are often executed ("salvaged") and their bodies displayed on central places like the Wall as a severe warning; other punishments such as "Redemption" include mutilations (usually removal of body parts) or social reclassifications. There are so many executions in Gilead, the punishments for even fairly superficial crimes are so drastic and the methods of execution are sometimes so horrific (stonings, hangings, ripped apart by dogs, public shootings) that Gilead’s laws are effectively a cover for mass genocide.
Abortion[]
The ban of abortion in Gilead is a retroactive "ex post facto law",[13] which means all who have performed abortions prior to the rise of Gilead are put to death or sent to the Colonies. .[14] Those who have escaped Gilead remain threatened[citation needed].
Adultery[]
See also: Adultery (main article)
Adultery is a punishable crime in Gilead, under reference to the Commandment Thou shalt not commit adultery (Exodus 20:14).
Gender Treachery[]
"Gender treachery" is a Gileadean euphemism for homosexuality. The punishments vary depending on the social class of the accused but are invariably severe.
“Because of this, God gave them over to shameful lusts. Even their women exchanged natural sexual relations for unnatural ones.” — Romans 1:26
Case study[]
Emily Malek and a woman known only as Martha 6715-301 are caught in a same-sex relationship, described as "gender treachery" under Gileadean law, supposdedly justified by the Biblical passage Romans 1:26-28. The Martha is sentenced to death by hanging and Emily is sentenced to a practice called "Redemption" where she is forced to undergo a clitorodectomy, a surgical procedure better known as female genital mutilation.[15] See also: Discriminatory Legal Practice
Possessing Contraceptives[]
After their witnessed Ceremony, June Osborne meets Commander Lawrence in the kitchen where he passes her a packet of birth-control pills. June remarks that under the laws of Gilead, anyone possessing contraceptives would be punished by being ripped apart by dogs ("Witness")
References[]
- ↑ The Testaments, V Van
- ↑ Episode 2.12, Postpartum; See also: Late, June (Episode)
- ↑ 3.0 3.1 V Van
- ↑ Episode 3.3, Useful
- ↑ VII Stadium
- ↑ e.g. Maureen in Useful/Liars
- ↑ e.g. Heather in Other Women
- ↑ e.g. Moira in Jezebels/XII Jezebels
- ↑ e.g. Econowife Eden and Guardian Isaac in Episode 2.12, "Postpartum"
- ↑ 10.0 10.1 Episode 1.3, Late
- ↑ VI Six For Dead
- ↑ see e.g. Episode 1.6, A Woman's Place
- ↑ Chapter XI Sackcloth
- ↑ Chapter II Shopping, Section 6
- ↑ Episode 3×3, "Late".
See also: Laws in Gilead (Category)