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How Britney Spears’ conservatorship battle and the #FreeBritney movement highlight mental health double standards

Sarah Bones
Woman holding I Just Had Sexism placard

On 19 August 2020 Britney Spears’ bid to have her father James (Jamie) removed from her twelve year conservatorship was denied in court, with no changes being made to its current status until the next review in February 2021. 

Legal documents submitted to the court cited Spears as being “strongly opposed to having James return as conservator of her person”. It continues: “We are now at a point where the conservatorship must be changed substantially in order to reflect the major changes in her current lifestyle and her stated wishes”.

The denial of this request has further ignited the growing #FreeBritney movement on social media, which calls for Spears to be freed from the apparent constraints of her lengthy conservatorship. It has also highlighted significant disparities in the way male and female with mental health conditions are treated, and the sexist double standards.  

What is a conservatorship and why is Britney Spears bound by one?

A conservatorship in the US is “the legal process whereby a party (the “conservator”) is appointed by the court to manage the affairs of another person (the “conservatee”)….there must be strong evidence that the conservatee is not capable mentally or physically of providing for his/her own basic needs”. A conservatorship is generally put in place when someone is deemed to be incapable of sound decision-making.

“her mental health became public property.”

Britney Spears’ father Jamie instigated her current conservatorship after her very public breakdown in 2008. Spears’ mental health deteriorated following a messy divorce and subsequent lost custody battle with her ex-husband Kevin Federline. Pictures of a shaven-headed Britney attacking the hounds of paparazzi with an umbrella flooded the internet and her mental health became public property. 

Since this incident and a subsequent involuntary psychiatric hold, Spears’ father has had responsibility for her day-to-day affairs and allegedly controls her estate, income, career, health decisions and social life. 

The #FreeBritney movement

Those involved in the #FreeBritney movement on social media, which started in 2009, believe that she is being kept prisoner and is even sending subtle messages through her Instagram account begging to be freed. They call for her to be released from the harsh and unnecessary constraints of her conservatorship and allowed to live her life freely as any normal 38 year old mother of two would be able to. 

The movement recently gained momentum on Twitter due to comparisons between Spears’ mental health situation and that of another high profile celebrity, Kanye West. Jamie Spears has publicly dismissed the #FreeBritney movement as a “joke” founded on conspiracy and hearsay, whilst Britney herself has not addressed it except to say on her Instagram account that she is fine and able to stand up for what she wants. 

Many supporters have been quick to expose the inherent sexism found in the contrasting treatment of Spears and West. 

Mental health double standards

Comparisons between Britney Spears and Kanye West have been rife recently, with fans pointing out on Twitter the double standards of a mentally ill woman losing all her basic rights following a public meltdown whilst a mentally ill man is allowed to run for president, as West recently announced. 

Like Britney, Kanye, who allegedly suffers from bipolar disorder, has exhibited erratic behaviour in public and was hospitalised against his will in 2006. His wife, Kim Kardashian West, has publicly called for understanding around his behaviour due to his mental illness, stating that the family is “powerless” to intervene due to him not being a minor. She also made sure to emphasise his brilliance and creativity, despite his condition. 

“Who is fighting for Britney’s creativity?”

This does beg the question: why are the Kardashian family so powerless unlike Spears’ father who was able to take full control of his adult daughter’s affairs? Why is a mentally ill man allowed to remain in full control of his life rather than have his basic rights stripped away, and who is fighting for Britney’s creativity?

Bipolar is known to affect sufferers’ decision-making abilities, yet Kanye West has been able to decide not to take his bipolar medication as it stifles his creativity. In the meantime Spears is unable to even buy a coffee without her father’s approval. There is a dehumanising aspect to Britney’s conservatorship which posits her as a mere pawn in other people’s games, whilst male celebrities seem to be allowed to retain full ownership of their bodies, rights and decisions. 

The madwoman in the attic

Kanye West and Britney Spears are not the only celebrities whose erratic behaviour has been attributed to mental health problems. Charlie Sheen’s riotous exploits spring to mind, as does that of former child actor Amanda Bynes. However, whilst Charlie Sheen does not have a conservatorship, Bynes has been bound by one since 2014 after being placed on a psychiatric hold following wild and illegal behaviour. But, like Britney, she has recently pushed back publicly against her conservatorship.

 “Whilst a wild woman must be controlled, an erratically-behaved man is just a loose cannon.”

Again there is a dichotomy between the male and female situation here which highlights the wider issue of control. Whilst a wild woman must be controlled, an erratically-behaved man is just a loose cannon. The emotions of men are to be celebrated as markers of genius whilst those of a woman must be contained lest they spark too big a fire. 

Spears’ breakdown followed the deterioration of her marriage and the loss of custody of her children, circumstances which could be expected to traumatise anyone not in the public gaze and perhaps lead to some questionable behaviour. But in Britney’s case this loss of control had to be rebalanced through the now dominant man in her life, her father, taking it back. Jamie Spears didn’t just take control of the situation though – he took control of her entire life, essentially putting the mad woman back in the attic. 

The future for Britney Spears

Britney’s ex-husband Jason Alexander, he of the 55 hour marriage, has stated that her conservatorship is “holding her back”, and her brother has also recently come out in support of her. 

Irrespective of this it is clear that Spears has achieved a lot since that public breakdown in 2008; she has released more music, completed several tours and held a successful Las Vegas residency to critical acclaim. These achievements seem to jar with the idea of a mentally incapacitated woman who cannot make a single decision for herself, as indicated by the lengthy nature of her conservatorship. 

Britney has indicated that she no longer wants to perform, hence the need for substantial changes to the terms of the conservatorship. If she is able to make such a big decision as this for herself, clearly she knows her own mind. 

Whilst the recently submitted court documents reminded everyone that her conservators “rescued her from a collapse, exploitation by predatory individuals and financial ruin” in 2008, perhaps after twelve years Britney no longer needs rescuing and should be returned the basic rights any normal 38 year old mother could expect. 

 

Sarah Bones

Featured image courtesy of @purzlbaum via Unsplash.

I am a freelance journalist specialising in writing personal essays, features and opinion pieces.

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