Tuesday, November 13, 2018
The Guardian (Nov. 12, 2018): Woman who bore rapist’s baby faces 20 years in El Salvador jail, by Nina Lakhani:
In the wake of fetal personhood, or similar, ballot measures being proposed and passed throughout the U.S., it's important to look to other countries where abortion is criminalized to see the effects of living in a world where abortion and those who seek or perform them are punished.
A survivor of habitual sexual abuse by her grandfather has been imprisoned in El Salvador since April 2017 on charges of attempted murder. Last April, Imelda Cortez, then 20-years-old, gave birth to a child fathered by her rapist. She experienced intense pain and bleeding before the birth, which caused her mother to bring her to the hospital. The doctors there suspected an attempted abortion and called the police. The baby was born alive and well, but Imelda has never been able to hold her, as she's been in custody since her time in the hospital last year.
Authorities conducted a paternity test, which confirmed Imelda's claims of rape, yet her grandfather has not been charged with any crime. Imelda's criminal trial began this week and a decision from a three judge panel is expected next week.
Abortion is illegal in all circumstances--no exceptions--in El Salvador. The strict ban has led to severe persecution of pregnant people throughout the country, often most heavily affecting impoverished, rural-living people. Most people accused of abortion simply experienced a pregnancy complication, including miscarriage and stillbirth.
This pattern of prosecutions targeting a particular demographic suggests a discriminatory state policy which violates multiple human rights, according to Paula Avila-Guillen, director of Latin America Initiatives at the New York based Women’s Equality Centre. Cortez’s case is a stark illustration of how the law criminalises victims.
Abortion has been criminalized in El Salvador for 21 years. While a bill was drafted nearly two years ago--with public and medical support--aiming to reform the system and relax the ban to allow the option of abortion at least in certain cases (for example, rape, human trafficking, an unviable fetus, or threat to a pregnant person's life), it remains stuck in committee and is not expected to make it to vote.
November 13, 2018 in Abortion, Abortion Bans, Current Affairs, In the Courts, International, Politics, Poverty, Pregnancy & Childbirth, Reproductive Health & Safety, Sexual Assault, Women, General | Permalink | Comments (0)
Friday, November 9, 2018
The Cut (Nov. 8, 2018): What the Election Results Mean for Abortion in America, by Irin Carmon:
"Tuesday’s results were messy and contradictory, just like the current reality of reproductive rights," writes Irin Carmon for The Cut.
With federal courts failing to protect abortion access, it will be up to the states to give and take away. “We made huge gains at the state level, which is going to be crucially important as we face the post-Roe reality,” says NARAL president Ilyse Hogue. Exit polls showed broad support for Roe v. Wade, but Republican voters in states like Indiana and North Dakota were motivated by Brett Kavanaugh’s nomination to vote Republican.
First, the bad: the Senate and the federal judiciary "are gone." Republicans took a firm majority in the Senate, which has the sole authority to select federal judges and Supreme Court justices. Should Donald Trump have the chance to make another pick for the Supreme Court justice, writes Carmon, "the impact would be catastrophic."
Plenty of damage has and still can be done by Trump-controlled federal agencies, too. Earlier this week, the Department of Health and Human Services issued rules to limit abortion coverage on insurance plans on the exchange and to grant employers broad ability to opt out of including birth control in their plans.
But the good news is that without Republican control of the House, no major legislation restricting access to contraception or birth control — including defunding Planned Parenthood or a ban on abortion at 20 weeks — is likely to go anywhere.
At the state level, pro-choice Democrats didn’t lose a single governor’s seat and actually picked up seven seats. Former governors in some of the those states — like Kansas, Michigan, and Wisconsin — were zealous in limiting abortion access, making the replacements especially significant. Blue states also saw a total of 300 state legislature seats flipping Democratic, paving the way for stronger protections for abortion access.
In New York, eight state Senate seats went to Democrats, after a concerted campaign highlighted Republican opponents’ refusal to a Reproductive Health Act that would safeguard abortion liberty in New York in the event that Roe v. Wade is overturned. Democrats now control the New York State Senate for the first time in a decade.
Some Republican supermajorities, which can override vetoes, were shrunk to simple majorities. Perhaps most promisingly, pro-choice champions won in red states, like Colin Allred in Texas. In Orange County, California, 31-year-old Katie Hill, who spoke openly about how her miscarriage at 18 had informed her support for reproductive freedom, bested the anti-abortion Steve Knight.
Wednesday, November 7, 2018
TIME (Nov. 7, 2018): Voters in Two States Approved Abortion Restrictions on Tuesday, by Abigail Abrams:
Two out of three states that were considering adding restrictions on abortion approved ballot measures on Tuesday.
Alabama and West Virginia approved measures that would significantly restrict access to abortion care if Roe v. Wade is overturned by the Supreme Court. Another measure in Oregon failed.
In Alabama, voters approved an amendment to the state’s constitution that would effectively give a fetus the same rights as a person who has been born. Amendment 2 would add language to the Alabama constitution that would “recognize and support the sanctity of unborn life and the rights of unborn children.”
Abortion rights advocates worry this could make it more difficult for women to get access to abortion through the courts or that it could lead to criminalizing contraception or in-vitro fertilization. Other states have passed similar amendments, but Alabama’s is especially restrictive and does not include exceptions for incest, rape or life of the mother.
In West Virginia, the “No Constitutional Right to Abortion Amendment”, or Amendment 1, would explicitly change the state’s Constitution to read “nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion.”
The amendment would effectively mean that people in West Virginia do not have a right to abortions with Medicaid funding. Medicaid in the state currently covers abortions considered medically necessary, but the amendment does not include such an exception.
Finally, in Oregon, Measure 106 would have prohibited public funds from paying for abortions, except in the cases of rape, incest or threats to the pregnant person’s health. Voters in the state rejected the measure on Tuesday. The measure would have meant that public employees and people on Medicaid could not get coverage for abortion care in the state.
Tuesday, November 6, 2018
FiveThirtyEight (Oct. 31, 2018): Abortion May Be Mobilizing More Democratic Voters Than Republicans Now, by Daniel Cox:
Two new surveys reveal a remarkable shift in how important the issue of abortion is to Democrats and Republicans ahead of the 2018 midterm election this Tuesday, November 6.
A recent PRRI survey found that nearly half (47 percent) of Democrats said abortion is a critically important issue to them personally; 40 percent of Republicans said the same. That represents a dramatic swing since 2015, when 36 percent of Democrats and 43 percent of Republicans said abortion was a critical concern. Democrats are almost twice as likely today as in 2011 to rate the issue as critical.
Meanwhile, a recent Pew poll showed that abortion is a far more central voting concern for Democrats today than it has been at any point in the last decade — 61 percent of Democratic voters said abortion is very important to their vote this year. In 2008, only 38 percent of Democratic voters said the same.
Brett Kavanaugh’s confirmation to the Supreme Court appears to have elevated the perceived threat level to the right to abortion. A PRRI poll conducted during Kavanaugh's confirmation process found that nearly two-thirds of Democrats believed that Kavanaugh would vote to overturn Roe v. Wade. Another likely reason for the rising concern among Democrats, Cox reasons, is the years-long campaign to curb abortion access at the state level.
Cox also finds that reproductive health care has taken a more central place in the Democratic agenda as women, particularly young women, have taken on more prominent roles in the party. Many Democratic women, Cox writes, see abortion access as inextricably linked to the financial security and autonomy of women.
However, polls show that when most Democrats make voting decisions, they still weigh the issue against a host of competing concerns, such as other health care issues and the environment. It is not a litmus-test issue for most Republican or Democratic voters. Only 21 percent of Republicans and 30 percent of Democrats say they would only ever support a candidate whose views on abortion align with their own, according to a PRRI poll.
Democrats are likely to continue to prioritize abortion so long as its legal status appears to be threatened and access to it is limited. This may mean that fewer Republicans campaign on their explicit opposition to abortion, at least in the short-term. Conservative Christians, who have worked for decades to overturn Roe, have been conspicuously tight-lipped about abortion in recent months, indicating that they are worried about the possible political fallout of discussing their views. The 2018 election will show if that strategy comes too late and the abortion issue has given Democratic voters another reason to head to the polls.
November 6, 2018 in Abortion, Abortion Bans, Anti-Choice Movement, Congress, Politics, Pro-Choice Movement, State Legislatures, Supreme Court, Targeted Regulation of Abortion Providers (TRAP) | Permalink | Comments (0)
Friday, November 2, 2018
Rewire.News (Nov. 1, 2018): Abortion Is on the Ballot in These States Next Week, by Lauren Holter:
Midterm voting is already well underway throughout the country with election day officially falling on Tuesday, November 6. While the citizenry waits to see whether Republicans or Democrats will next control their state legislatures, next week's elections will also implicate specific issues in addition to deciding our leaders. Abortion rights are on the ballot in Alabama, Oregon, and West Virginia.
Alabama's ballot measure proposes "personhood" rights for fetuses, which could criminalize access to certain contraceptives or in vitro fertilization. The measure, if passed, would act as a "trigger ban"and would completely outlaw abortion under the circumstances of a post-Roe world. Similar ballot measures have previously been proposed--and failed--in Colorado, Mississippi, and North Dakota. Republican legislators in Alabama want the state Constitution to explicitly elevate the rights of unborn fetuses over any right to an abortion. The Amendment does not include any exceptions to a prohibition on abortion--not even in the cases of threat to the mother's life.
In West Virginia, the No Constitutional Right to Abortion Amendment also aims to update their state Constitution. Lawmakers wish for the text to explicitly assert that nothing in the instrument protects the right to or funding for an abortion. The state already has a pre-Roe abortion ban that remains on the books, which would enter into force should Roe v. Wade be overturned, criminalizing abortion and punishing providers with imprisonment. The new Amendment proposal focuses on eliminating Medicaid funding for abortions. Medicaid currently covers "medically-necessary" abortions in West Virginia. While the Amendment does include exceptions for cases of rape, incest, fetal anomaly, or threats to life, opponents are particularly concerned that the new restriction would disproportionately harm low-income patients who do not qualify for exemptions.
Finally, the proposal in Oregon, called Measure 106, "would prohibit public funds from paying for abortions in Oregon except in cases of rape, incest, ectopic pregnancies, or a threat to the pregnant person’s health." Public employees and people on Medicaid would lose access to abortion as well. This measure would specifically override the Reproductive Health Equity Act, which Oregon passed last year to guarantee cost-free access to abortion and reproductive health services.
In the era of a Kavanaugh Supreme Court, advocates are particularly zealous about preemptively protecting abortion access on the state level, and those involved in these three states' campaigns are no exception.
Wednesday, October 31, 2018
UN Human Rights Committee Recognizes That Criminalization and Denial of Abortion Access Violates Human Rights
(Nov. 1, 2018) UN Human Rights Committee Recognizes That Criminalization and Denial of Abortion Access Violates Human Rights, by Cynthia Soohoo:
While U.S. politicians continue to talk about criminally prosecuting women who have abortions and the Trump Administration seeks to provide greater protections for health care providers who refuse to provide abortion and other health services for religious reasons, a respected U.N. human rights body has made it clear that governments should not criminalize individuals for terminating their own pregnancy or abortion providers and that the governments must ensure that “conscience claims” do not create a barrier preventing access safe and legal abortion.
This week, the U.N. Human Rights Committee released General Comment 36 “on the right to life," which provides an authoritative interpretation of human rights protected under the International Covenant on Civil and Political Rights (“ICCPR”). In addition to addressing the death penalty, the use of deadly force by law enforcement and assisted suicide, the Comment summarizes current human rights standards on access to abortion. The Comment recognizes that access to abortion is not just a privacy right and that prohibiting pregnant people from voluntarily terminating their pregnancies can also violate the right to life and health of a pregnant person (in cases where the pregnancy endangers their life or health) and that in certain situations forcing a pregnant person to continue a pregnancy against their will can be torture or cruel inhuman and degrading treatment.
The General Comment provides that while governments can adopt measures designed to regulate abortion “such measures must not result in violation of the right to life of a pregnant woman or girl, or her other rights.” Any state "restrictions on the ability of women or girls to seek abortion" cannot “jeopardize their lives, subject them to physical or mental pain or suffering . . . discriminate against them or arbitrarily interfere with their privacy.” The Comment reflects Concluding Observations made to state parties to the ICCPR by the Human Rights Committee as well as decisions the Committee has issued stating that a woman must have safe, legal, and effective access to abortion where (1) the pregnancy endangers her life or health, (2) where the pregnancy is the result of rape or incest, or (3) where the pregnancy is not viable. Other UN Human Rights bodies have issued similar Concluding Observations and decisions.
Further, because governments must not regulate abortion in a way that results in women or girls undertaking unsafe abortion, the Comment provides that states “should not take measures such as criminalizing pregnancies by unmarried women or apply criminal sanctions against women and girls undergoing abortion or against medical service providers assisting them in doing so, since taking such measures compel women and girls to resort to unsafe abortion.” (footnote omitted)
Finally, the Comment recognizes that while governments can regulate abortion, they should not introduce new barriers and must remove existing barriers that deny effective access to safe and legal abortion. In particular, the Comment provides that states should remove “barriers caused as a result of the exercise of conscientious objection by individual medical providers.”
The U.S. ratified the ICCPR in 1992. Its next report to the Human Rights Committee is due in 2019.
Wednesday, October 24, 2018
Gizmodo (Oct. 22, 2018): FDA Investigation Targets Website That Mails Abortion Pills to Women in the U.S., by Melanie Ehrenkranz:
Aid Access, a website established by Women on Web founder Rebecca Gomperts, is the target of a new Food and Drug Administration investigation, as reported by The Daily Beast.
Aid Access requires women to fill out a consultation form online stating that they are no more than nine weeks pregnant. For women who pass the online screening process–they must say they are less than ten weeks pregnant, and live within one hour of a hospital – Gomperts, a doctor, fills the prescriptions herself and sends them to a pharmacy in India. The group has already mailed medication abortion to about 600 women.
The FDA investigation, the agency says, was triggered by the website's sale of mifepristone.
“Mifepristone, including Mifeprex, for termination of pregnancy is not legally available over the Internet,” the FDA said in a statement to Gizmodo. “The agency takes the allegations related to the sale of mifepristone in the U.S. through online distribution channels very seriously and is evaluating the allegations to assess potential violations of U.S. law.”
The FDA says that only approved health care providers can prescribe and offer mifepristone, and that the pill can only be dispensed in certain health care settings including “clinics, medical offices and hospitals, by or under the supervision of a certified prescriber.”
Gomperts told The Atlantic that Aid Access is legal because the FDA allows the importation of medicine for personal use. Mifeprex, the brand name for mifepristone, has been FDA-approved since 2000. The FDA, however, subjects mifepristone to a strict distribution protocol, which prevents it from being sold online or in retail pharmacies.
Numerous medical groups, including the American College of Obstetricians and Gynecologists, have challenged the FDA protocol, saying it is outdated and inconsistent with the requirements for other drugs with even greater risks.
Monday, October 22, 2018
The Guardian (Oct. 17, 2018): Queensland parliament votes to legalise abortion, by Ben Smee:
Abortion will become legal in Queensland after the Australian state’s parliament voted to support new legislation and erase a 119-year-old “morality” section of its criminal code.
Loud cheers in the legislative assembly chamber on Wednesday evening brought an end to a 50-year struggle by women’s groups in a state once notorious for its conservative politics.
Abortion was codified as an “offence against morality” under the Queensland criminal code, which the current premier, Annastacia Palaszczuk, said in parliament was written before women had the right to vote.
Both the Labor and the Liberal National party granted their members a conscience vote, and most expected a close result. In the end, the laws passed 50-41.
Abortion will become legal until 22 weeks gestation, and after 22 weeks with the approval of two doctors. Safe access zones will restrict protesters and people who harass patients from coming within 150 meters of abortion clinics. Doctors under the law may refuse to treat a woman on moral grounds, but will also be legally required to refer patients to another medical practitioner.
Children by Choice, the all-options counselling service, was at the forefront of debates about abortion in Queensland for decades.
“Children by Choice has been fighting for this important reform to cruel and archaic laws since 1972 and we are so proud of all of the people who have advocated on behalf of Queenslanders who couldn’t advocate for themselves,” Children by Choice manager Daile Kelleher said.
The anti-abortion group Cherish Life put out a statement vowing to continue its campaign and to target Queensland members of parliament who supported the new laws at the next state election.
Friday, October 19, 2018
FIGO.org (Oct. 16, 2018): International Federation of Gynecology and Obstetrics (FIGO) Speaks Out on Violence Against Women:
The International Federation of Gynecology and Obstetrics (Fédération Internationale de Gynécologie et d'Obstétrique - FIGO) is a global organization that represents national societies of obstetricians and gynecologists. FIGO is meeting for their XXII World Congress in Rio de Janeiro this week. Early in the week FIGO announced, in partnership with the World Health Organization (WHO), a Global Declaration on Violence Against Women, citing stark statistics of the violence women suffer and the wide-reaching effects of such harm, including on reproductive health and safety.
The organizations found that 35% of women worldwide have experienced physical and/or sexual violence in their lifetimes. Most of this violence is committed by intimate partners. Circumstances of unrest, armed conflict, and displacement exacerbate the statistics. Women in South Sudan, for example, experience intimate partner violence at a rate double the global average.
WHO estimated that women who have been physically or sexually abused by a partner are 16% more likely to have a low-birth-weight baby.They are more than twice as likely to have an abortion, almost twice as likely to experience depression, and, 1.5 times more likely to acquire an STI, and in some regions, HIV, as compared to women who have not experienced partner violence.Health services are critical for supporting survivors to heal, recover and thrive. If accessed in time, health services can prevent unwanted pregnancies and the transmission of HIV, STIs, following rape. Unfortunately, these services are often not available and survivors lack access to basic, lifesaving care.
The Declaration on Violence Against Women announces members' dedication to, among other things, promoting women's health and rights, including sexual and reproductive rights. It announces concern over the "global public health problem" of violence against women and how it affects women physically, mentally, and sexually as well as how the violence affects the children of surviving women.
The Declaration concludes with several calls to action, urging delegates' governments to ratify CEDAW (the Convention on the Elimination of all Forms of Discrimination Against Women) and ensure the treaty's thorough implementation. It also calls for strengthened health systems, better allocation of budgets and resources to prevent and respond to violence, and the promotion of widely-available health services. The Declaration further advises obstetricians and gynecologists to "advocate for strategies to address violence against women in their communities, towns, cities or countries and [to] collaborate with civil society and voluntary organizations, particularly women’s health and rights organizations, which advocate for women affected by violence"
The World Congress continues to meet through the end of this week.
Friday, October 12, 2018
The Detroit Mercy Law Review will host its 2019 Symposium, Women and the Law, on Mar. 8, 2019. The deadline for proposals is Nov. 9, 2018 at 5:00pm EST.
Possible topics include, but are not limited to: the history of women in the law, how women have impacted the law, how the law impacts women today, how future legal decisions could affect women’s rights (e.g. if Roe v. Wade, 410 U.S. 113 (1973) were to be overturned), what challenges women still face in the legal profession,
the role of gender in the law, and any other topic regarding women and the law. Proposals should be approximately 250-500 words, double-spaced, and detail the proposed topic and presentation. Submit to Samantha Buck, Symposium Director, at email@example.com. Please indicate whether your proposal is for a presentation only or if you would also like to publish an article with the Detroit Mercy Law Review on your presentation topic. If you are interested in submitting an article, it will be due to the Law Review on Friday, Mar.15, 2019. Please submit a current CV or resume along with your proposal. We will notify chosen speakers by Nov. 30, 2018. Preference will be given to those willing to submit an article for publication.
Thursday, October 11, 2018
The Atlantic (Oct. 11, 2018): When Abortion Is Illegal, Women Rarely Die. But They Still Suffer, by Olga Khazan:
On Thursday, The Atlantic published a piece surveying nations that maintain bans on abortion, in light of the belief that abortion is expected to become further restricted with Brett Kavanaugh on the Supreme Court.
Khazan writes that legal experts believe the majority-conservative court likely won’t overturn Roe v. Wade, but rather will chip away at abortion rights by narrowing the circumstances in which a woman can obtain the procedure. Still, abortion rights advocates fear that increasing restrictions will force low-income women into desperate situations and increase the rate of self-managed abortion, in which interest has spiked in recent years as access to safe and legal abortion erodes in many states.
If other countries provide guidance, Khazan writes, "abortion restrictions won’t reduce the number of abortions that take place." According to the Guttmacher Institute, abortion rates in countries where abortion is legal are similar to those in countries where it’s illegal, and in countries where abortion is illegal, botched abortions still cause about 8% to 11% of all maternal deaths, or about 30,000 deaths each year.
But, Khazan observes, doctors have gotten better at controlling bleeding in recent decades, and there has also been a major revolution in how clandestine abortions are performed thanks to medication abortion (mifepristone and misoprostol).
Mifepristone and misoprostol have made Brazil's rate of treatment for severe complications from abortion decline by 76 percent since 1992. In Latin America overall, the rate of complications from abortions declined by one-third since 2005.
Meanwhile, in El Salvador abortion is illegal, but one in three pregnancies still ends in abortion. Many women there who want to abort their pregnancies, Khazan finds, obtain misoprostol on the streets.
"Those who have internet access and reading skills can look up information about how to take it properly."
Federal prosecutors in El Salvador are known to visit hospitals and encourage doctors to report to authorities any women who are suspected of self-inducing their abortions. But because federal prosecutors are only visiting public hospitals and not private hospitals, poor women are much more likely to be reported for their illegal abortions than rich women.
In Brazil, where abortion is also illegal, about 250,000 women are hospitalized from complications from abortions, and about 200 women a year die from the complications. About 300 abortion-related criminal cases were registered against Brazilian women in 2017.
In Ireland prior to the repeal of its criminal abortion ban, women would travel to England to get the procedure—often using a fake English address so they could get the procedure for free under the United Kingdom’s National Health Service. Others, Khazan writes, "would order abortion pills from Women on Web, a Canada-based service that ships the pills to women in countries where abortion is illegal."
Whether a self-induced abortion is dangerous likely depends on where a woman gets her pills and what kind of information is available to assist her. Irish women’s outcomes were better than the Brazilian women’s possibly because they had access to regulated services like Women on Web. Brazilian customs officials, meanwhile, confiscate shipments of medication abortion into the country, forcing women to turn to the black market.
The American market for abortion drugs will boom under a Kavanaugh Supreme Court, says Michelle Oberman, a Santa Clara University law professor, but it will also become more difficult to penalize abortion providers for illegal abortions, since with medication abortion there is no doctor, only the woman. In that case, Oberman says, “everything I saw [in Ireland] will happen here”: the hospital reports, the prosecutions, the jail sentences.
Many states have already prosecuted women for doing drugs while pregnant or for otherwise allegedly harming their fetuses. Overwhelmingly, those punished tend to be poor women and women of color.
Tuesday, October 9, 2018
BBC News (Oct. 4, 2018): Irish Parliament Debates Bill to Legalise Abortion, by Deirdre Finnerty:
The Irish parliament is debating legislation to legalize abortion services nationwide. It is the first time the Irish parliament has addressed the issue since the Eighth Amendment - a near total constitutional ban on abortion - was removed by referendum in May.
Irish Health Minister Simon Harris hopes abortion services will be available in Ireland starting in January.
Known as the Regulation of the Termination of Pregnancy Bill, the legislation allows for abortion services to be provided "on demand" up to the 12th week of a pregnancy, and in the case of a fatal fetal abnormality or where the physical or mental health of the mother is in danger.
Harris has said that abortion would be made available free of charge.
Introducing the bill in the Irish assembly, Harris said the referendum was a resounding affirmation of support for right of women to make choices about their lives.
"More on women's health, women's equality, more on continuing to shape an inclusive and equal society," said Harris.
Separate legislation will be introduced at a later date to allow for "safe access" zones - designated areas that prevent protests around abortion providers.
The Irish government must work with doctors to implement services and provide training and support. Dr. Mary Favier, founder of Doctors for Choice, told the Irish Times that planning for abortion by the Department of Health had been "a shambles."
"There's been no clinical lead appointments. There's been no technical round tables established. There's been effectively no meetings held," she said.
Mike Thompson, a general practitioner in east Cork, told the BBC that the government's proposed timeline of January 2019 was "ambitious" and "challenging."
"Unless there is a clear and robust guideline, no GP will provide the service. It has to be safe," Dr. Thompson said.
Earlier, anti-abortion doctors said they did not wish to be forced to refer a pregnant woman seeking a termination to another doctor. A bill allowing for doctors to opt out of providing a medical or surgical abortion if they do not wish to perform the procedure was introduced in the Irish parliament earlier this year. The legislation requires that doctors refer a woman seeking an abortion to another doctor who will perform the abortion.
The health minister said that conscientious objection was one thing, but refusing to refer women wishing to terminate their pregnancies to other doctors was quite another.
It is unclear how a small number of doctors objecting to providing abortion care will affect the rollout of abortion services in Ireland.
Monday, October 8, 2018
Rewire.News (Oct. 1, 2018): House Republicans Jam ‘Personhood’ Language Into New Tax Bill, by Katelyn Burns:
The U.S. House of Representatives last week passed a bill that would extend "the ability to count 'unborn children' as beneficiaries under 529 education savings plans."
The bill, referred to as the Family Savings Act, is a part of a current push for updated tax legislation. Anti-choice activists have promoted the addition of personhood language--effectively defining zygotes, embryos, and fetuses as persons with all the rights that entails--to legislation for some time. The cause is now embraced by many Congressional Republicans as well.
"Personhood laws" have consistently been rejected in ballot measures across the country.
Representatives and activists alike warn lawmakers to be vigilant of the tactic of sneaking anti-choice provisions into larger bills. “This is how extremist views creep into the mainstream," said Rep. Diana DeGette (D-CO). "Provisions like this one should never become law—they can lead to limits on access to abortion and even birth control.”
Supporters of the legislation--personhood language and all--claim that it will "finally" allow expectant parents to begin saving for their future child's education through a 529 plan. Parents-to-be, however, "can already open a 529 plan listing themselves as the beneficiary before switching it over to the child once they are born."
The Family Savings Act is not expected to pass in the Senate ahead of the midterms, but this is not the first time--and surely not the last--lawmakers have tried to slip similar provisions into tax reform or other legislation.
Thursday, October 4, 2018
Rewire.News (Oct. 1, 2018): Abortion Rights Got Two Important Legal Wins Last Week, by Jessica Mason Pieklo:
A Federal court in Kentucky ruled a 1998 state law aimed at limiting abortion clinics unconstitutional.
The law requires abortion clinics to have written transfer agreements with ambulance services and hospitals, often referred to as "transfer and transport" requirements. Even though the state's last abortion clinic (and a plaintiff in the lawsuit) has been able to maintain the licensure required by the law--and so stay open--the court agreed with the clinic's argument that Kentucky Gov. Matt Bevin (R) has used the law as a tool to try to cut off abortion access.
Judge Greg Stivers ruled:
The court has carefully reviewed the evidence presented in this case and concludes that the record is devoid of any credible proof that the challenged regulations have any tangible benefit to women’s health. The regulations effectively eliminate women’s right to abortions in the state. Therefore, the challenged regulations are unconstitutional.
The judge affirmed that “the challenged regulations are not medically necessary and do absolutely nothing to further the health and safety of women seeking abortions in the Commonwealth of Kentucky." The decision is expected to be appealed in the 6th Circuit.
October 4, 2018 in Abortion, Abortion Bans, Anti-Choice Movement, In the Courts, Medical News, Politics, Pro-Choice Movement, Reproductive Health & Safety, State and Local News, State Legislatures, Targeted Regulation of Abortion Providers (TRAP) | Permalink | Comments (0)
Tuesday, October 2, 2018
Rewire.News (Sept. 25, 2018): Alaskan Survivors of Sexual Assault Urge Murkowski to Vote ‘No’ on Kavanaugh, by Katelyn Burns:
Even before last week's hearing for Dr. Blasey Ford's allegations against SCOTUS nominee Brett Kavanaugh, indigenous groups in Alaska have been voicing their opposition to the Judge's confirmation.
Alaskan sexual assault survivors--many of whom are Natives--are calling on Senator Lisa Murkowski (R-AK) to vote "no" on Brett Kavanaugh's nomination this week. Activists have also been protesting at Senator Dan Sullivan's office (R-AK), however, unlike Senator Murkowski, he announced his support for Kavanaugh shortly after the nomination in July.
Sexual assault is a pervasive problem in Native American communities. Natives, including Alaskan women, suffer from rape and sexual assault in staggeringly disproportionate numbers with little access to justice.
"According to the 2015 Alaska Victimization Survey, 50 percent of Alaskan women have been victims of sexual assault, intimate partner violence, or both." Furthermore, 97 percent of Native Alaskan sexual assault survivors suffered the violence at the hands of non-Native perpetrators. Notably, tribal justice systems cannot prosecute non-Natives for sexual assault.
Survivors are also speaking out in defense of Dr. Ford's delay in coming out publicly with her allegations. “Most of the time we would be blamed for being provocative in some way. So I can understand why someone would wait years to bring up a sexual assault," said one Alaskan Native survivor.
Native communities also oppose Kavanaugh's nomination on his views of Native rights generally and his misunderstanding of tribal history and government systems.
October 2, 2018 in Culture, Current Affairs, In the Media, Medical News, Politics, Public Opinion, Reproductive Health & Safety, Sexual Assault, Supreme Court, Women, General | Permalink | Comments (0)
Friday, September 28, 2018
NOLA.com (Sep. 27, 2018): Louisiana's 'admitting privileges' abortion law upheld, by The Associated Press:
A panel for the 5th Circuit Court of Appeals ruled Wednesday that a Louisiana law requiring that abortion providers have admitting privileges at nearby hospitals does not violate the constitutional right to abortion.
The 2-1 ruling from the 5th Circuit panel notes Whole Woman's Health v. Hellerstedt, but the majority found Louisiana's law does not impose the same "substantial burden" on women as the Texas law that the Supreme Court struck down in 2016. The ruling reversed a Baton Rouge-based federal judge's ruling in the case and ordered the lawsuit by opponents of the law dismissed.
"Almost all Texas hospitals required that for a doctor to maintain privileges there, he or she had to admit a minimum number of patients annually," Judge Jerry E. Smith wrote in the opinion joined by Judge Edith Brown Clement. "Few Louisiana hospitals made that demand."
The law's immediate effects are unclear as to the three abortion clinics that court records indicate operate in Louisiana -- in New Orleans, Baton Rouge and Shreveport.
Opponents of the law have argued it would make it very difficult or impossible for many to obtain abortion care in Louisiana, saying the law could result in one or two clinic closures and, eventually, a loss of access to abortion by 70 percent of individuals seeking abortion care in Louisiana.
Judge Smith rejected that argument. His opinion didn't attack the district judge's decision that the law's benefits were minimal. Instead, he wrote that the 2017 ruling, by Judge John deGravelles, exaggerated the burden on women seeking an abortion. He found no evidence that any Louisiana clinics will close because of the law, stating that there is only one doctor at one clinic who currently is unable to obtain admitting privileges at a nearby hospital. If he stops performing the procedure, Smith wrote, it would affect "at most, only 30 percent of women, and even then, not substantially."
The dissenting judge, Patrick Higginbotham, took his colleagues to task, saying they retried the case after the district judge had given full consideration to the facts. "At the outset," he wrote, "I fail to see how a statute with no medical benefit that is likely to restrict access to abortion can be considered anything but 'undue."
Wednesday, September 26, 2018
Refinery29 (Sep. 25, 2018): Students Fought For Abortion Access On California Campuses. Now It's Gov. Brown's Turn, by Phoebe Abramowitz:
California Governor Jerry Brown could implement a historic expansion of abortion access for California university students by signing SB 320 into law and bringing medication abortion to student health centers at California public universities by 2022.
The measure was introduced in February 2017 by state Sen. Connie M. Leyva (D-Inland Empire) and passed the state senate in January 2018. After passing the state assembly this past August, it now sits on Governor Brown's desk.
In California, the push for access to medication abortion on college campuses began with Students United for Reproductive Justice (SURJ), a student organization at UC Berkeley, which started pushing for more access to health care on campus in 2016. Although their advocacy efforts on campus resulted in significant pushback and little administrative support, SURJ continued to advocate for more inclusive health-care services on campus, eventually focusing on advocacy for SB 320.
Abramowitz, a UC Berkeley senior organizing with SURJ at Berkeley and the justCARE campaign, writes that "students from across the state have been consistently organizing in support of SB 320 since the bill’s inception" and that if "the legislature trusts students to make choices for ourselves," then so should Governor Brown.
Currently, students face significant and unnecessary barriers to medication abortion, Abramowitz writes. No California public university currently offers medication abortion in its student health center. Under this system, students have had to miss class and work, wait weeks for their referral appointment, and pull together hundreds of dollars. Students have to travel to an off-campus clinic and navigate bureaucratic and logistical hurdles in the process of referral to a new provider. Barriers like this disproportionately impact low-income students and students of color. SB 320, Abramowitz argues, would provide resources that "will have a tangible impact on students’ experiences."
Support for SB 320 extends beyond college campuses. A recent poll found that seven in ten women and nearly two thirds (64%) of all Californians support students who choose to terminate their pregnancies being able to get their medication on campus.
Student leaders said some of the strongest opposition against SB 320 behind closed doors comes from administrators within the UC system, which contains campuses such as UC Berkeley, UCLA, and UC San Diego. Campus officials have not taken a public stance against the bill.
Monday, September 24, 2018
Albany Times-Union (Sept. 18, 2018): How safe are abortion rights in NY if Kavanaugh is confirmed?, by Bethany Bump:
New York legalized abortion in 1970, becoming the second state in the United States to broadly legalize abortion care and the first state in the nation to legalize it for out-of-state residents.
At the time, the law was seen as liberal, but no longer, according to legal scholars and experts. As confirmation hearings for Brett Kavanaugh proceed in the U.S. Senate and the fate of Roe v. Wade hangs in the balance, New York's abortion laws have received increased attention at the state and local level.
"There has been a dramatic increase by states in the last decade to try to test the boundaries of the nation's abortion law, and it seemed to be in anticipation of changes on the Supreme Court," said Andy Ayers, director of Albany Law School's Government Law Center.
Though a common assumption is that New York is generally safe from federal rollbacks on progressive issues, a policy brief authored by Ayers and published last week by Albany Law School and the Rockefeller Institute of Government highlights exactly why that might not be the case when it comes to abortion rights.
Under New York penal law, abortion is technically a crime. The 1970 law that legalized abortion simply made the procedure a "justifiable" crime under two specific circumstances: when it is performed within 24 weeks of conception or when it is performed to save a woman's life. The law contains no health exception or any other exception (such as when the fetus is nonviable) from the 24-week restriction. However, the Supreme Court later ruled in Roe and in Planned Parenthood v. Casey that denying a health exception or forcing women to carry nonviable fetuses to term constitute unconstitutional restrictions on access to abortion care.
In 1994, the New York Court of Appeals wrote that "the fundamental right of reproductive choice, inherent in the due process liberty right guaranteed by our state constitution, is at least as extensive as the federal constitutional right," and went on to cite both Roe and Casey.
"In lawyer terms, this was 'dicta,' meaning non-binding," said Ayers, who is an adviser to the Rockefeller Institute's Center for Law and Policy Solutions. "But to me, it's very, very hard to imagine that our Court of Appeals would find it permissible to restrict abortion in a way that Roe would not have allowed."
Although legal experts agree it's unconstitutional for New York to deny late-term abortions to women to protect their health or when the fetus is nonviable, those exceptions remain a gray area to some medical professionals.
The law governing abortion in New York exists within the state's penal code, meaning violators could face criminal punishment rather than civil liability. Some doctors in New York have urged some patients to seek a late-term abortion in another state.
The Reproductive Health Act, a bill that was introduced in the state Legislature in 2017 to bring New York's abortion law in line with Roe and Casey, would lessen this effect by moving abortion statutes out of state penal law and into the state's public health law. It would also expand the types of medical professionals allowed to perform abortions to include nurse practitioners and physician assistants.
As President Donald Trump prepared to announce Brett Kavanaugh as his Supreme Court nominee this summer, and amid pressure on the left from Democratic primary opponent Cynthia Nixon, Governor Andrew Cuomo spoke out against Republican state senators who have refused to pass the bill.
Other states have had better luck amending their abortion laws as the ideological makeup of the Supreme Court faces its most significant shift since the Second World War. Massachusetts recently amended its laws to bolster abortion protections, while at least fifteen states have passed laws in recent years that would prohibit abortion should the Supreme Court overturn Roe.
"If a significant number of other states start prohibiting abortion or making it hard to access," Ayers said, "we may see people come into New York to get abortions again, just like they did in the '70s."
This past Thursday, the New York City Council Committee on Women, chaired by Council Member Helen Rosenthal, held a hearing on the current status of reproductive rights and access to abortion services in New York City. The Committee heard Council Resolution 84, introduced by Public Advocate Letitia James, Council Member Rosenthal, and Council Member Justin Brannan, which urges the State Legislature to pass, and the Governor to sign, the Reproductive Health Act. Abortion rights advocates testified at the hearing, including Cynthia Soohoo, Co-Director of the Human Rights and Gender Justice Clinic at CUNY School of Law. More information about the hearing, including video of the hearing, can be found here.
Friday, September 21, 2018
Daily Intelligencer (Sept. 20, 2018): Is the Anti-Abortion Movement Just Applied Anti-Feminism?, by Ed Kilgore:
Kilgore writes for New York Magazine's Daily Intelligencer responding in part to conservative Ross Douthat's New York Times piece claiming that the current allegations of sexual assault against Supreme Court nominee Brett Kavanaugh are harmful to the "pro-life" movement.
Kilgore says that despite the arguments of many anti-abortion activists that their purported moral high ground turns on fetal personhood or the rights of the unborn, "the prevailing sentiment among abortion rights activists is that the anti-abortion movement is just applied misogyny."
Anti-abortion work generally is rooted in a position that elevates the patriarchy and promotes "fear of women's sexuality and autonomy."
Kilgore highlights that Douthat interestingly links anti-abortion work with anti-feminism. Douthat is concerned that confirming Kavanaugh amidst the #metoo movement generally and his allegations of sexual assault specifically might "cement a perception that’s fatal to the pro-life movement’s larger purposes — the perception that you can’t be pro-woman and pro-life."
Even if many Republicans (in particular, Republican women) have identified with the labels pro-woman and pro-life, there is no longer any Republican party-wide commitment to the pro-woman side of the pairing, Kilgore says.
Ross Douthat is right to worry that it’s getting harder every day to disassociate pro-life from anti-woman views. It’s certainly getting harder for me to believe that anti-abortion activists care more about saving embryos than about shackling women.
September 21, 2018 in Abortion, Anti-Choice Movement, Congress, Culture, Current Affairs, In the Media, Politics, Pro-Choice Movement, Public Opinion, Supreme Court, Women, General | Permalink | Comments (0)
Wednesday, September 19, 2018
Sierra (Sept. 18, 2018): Climate Activists Say Women Are Key to Solving the Climate Crisis, by Wendy Becktold:
Last week, San Francisco hosted the Global Climate Action Summit (GCAS). The three-day conference brought together heads of state, policy makers, scientists, and leaders from civil society to discuss clean energy and averting catastrophic climate change. One of the recurring topics focused on the necessity of investing in women's rights, including sexual and reproductive rights, in combating climate crises.
Decades of research indicate that investing in women's rights can dramatically contribute to addressing both development and climate challenges around the globe. In particular, access to education and robust reproductive rights strengthens opportunities for women worldwide. Supporting women is proven to translate to more sustainable development including the promotion of clean energy over fossil fuels.
"Access to reproductive health services is...key to reducing pressure on natural resources." A lack of access to contraception, for example, leads to many millions of unplanned pregnancies, which in turn can prevent women from creating the productive and sustainable systems they would otherwise be able to contribute to. Better education can also reduce birth rates and further improve the livelihood of women around the world.
In poorer parts of the world, women produce 60-80 percent of food crops. Providing women with better education and resources such as access to small business loans (like their male counterparts often have) could could reduce the number of people who go hungry around the world by 150 million.
Many summit conversations at the conference, in addition to countless side events, highlighted the shared frustrations of women around the world.
Some climate activists found the summit’s emphasis on high tech solutions exasperating. 'There’s often a focus on techno fixes,' said Burns [of the Women’s Environment and Development Organization], 'when for years, we’ve been saying that investing in women’s human rights is how we can address climate change. There is still this huge disconnect between the rhetoric and the solutions that are coming from feminists and frontline voices.'
"Women are also disproportionately affected by climate change," in part because global warming reaches the impoverished first and most people living in poverty are women.
The conversations at the GCAS highlighted how integral reproductive rights and support of women's opportunities are to innumerable issues. The ripple-effect of guaranteeing sexual and reproductive rights, the research shows, extends far past simply being able to plan a pregnancy; such support builds up communities around the globe, reduces poverty, and has the power to fight behemoth challenges like climate change as well.
September 19, 2018 in Conferences and Symposia, Contraception, International, Miscellaneous, Politics, Poverty, Pregnancy & Childbirth, Reproductive Health & Safety, Scholarship and Research, Women, General | Permalink | Comments (0)