Thursday, December 6, 2018
Greenville News (Dec. 4, 2018): South Carolina's anti-abortion lawmakers say they’ll push for stricter laws in 2019, by Tom Barton & Avery G. Wilks, The State:
Conservative state lawmakers in South Carolina say they will push for a ban on abortions after a fetal heartbeat can be detected when the full General Assembly reconvenes in January. If it becomes law, the proposal effectively would bar most abortions in South Carolina and could set up a showdown in the federal courts.
“It’s a common-sense bill. If a heart stops beating permanently, the person is dead,” said state Rep. John McCravy, R-Greenwood, who plans to file the fetal heartbeat bill in the South Carolina House. “Common sense should tell us that when a heart is beating, we have a precious human life that should not be terminated.”
The proposed law would ban nearly all abortions after a fetus has a detectable heartbeat — as early as six weeks in a pregnancy. That would be about two weeks after a woman’s first missed period, and well before many women realize they are pregnant, said Vicki Ringer, the public affairs director for Planned Parenthood South Atlantic.
More than 60 percent of the roughly 5,100 abortions performed in South Carolina in 2017 occurred after six weeks of gestation or post-fertilization, according to the latest data from the South Carolina Department of Health and Environmental Control.
Iowa passed a fetal heartbeat bill this spring, among the strictest abortion laws in the country. But that law is on hold for now as opponents challenge it in court. North Dakota and Arkansas passed similar laws, only to see them overturned by federal courts. The U.S. Supreme Court has declined to review the lower court rulings, but that could possibly change with Justice Brett Kavanaugh now on the court
Efforts to pass a fetal heartbeat law in South Carolina have thus far failed. Bills introduced in 2013, 2015, 2017 and 2018 all died without reaching the House or Senate floor.
The proposal faces a tough road to passage again this year, especially in the state Senate, where Republicans hold a majority but Democrats can filibuster controversial bills and block them. Last year, Senate Democrats took turns stalling a vote on an outright abortion ban for days until Republicans gave in and dropped the proposal.
Anti-choice lawmakers in the General Assembly also plan to reintroduce a ban on dilation & extraction, also known as a D&E ban, as well as the sweeping "Personhood Act," which would establish that fetuses have legal rights at the moment of conception, banning almost all abortions.
South Carolina Governor Henry McMaster has promised to sign anti-choice legislation into law.
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.
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.
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)
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)
Friday, September 14, 2018
Slate (Sept. 12, 2018): Planned Parenthood’s Next President: An Immigrant Doctor of Color Who Grew Up on Medicaid, by Christina Cauterucci:
Planned Parenthood announced in September that its new president, Leana Wen, will start in November. Wen currently serves as Baltimore's health commissioner and is also an emergency room physician. She will be the second doctor to head the organization and the first one to do so in 50 years.
"In both her career and her lived experience, Wen is a near-perfect embodiment of the organization’s core concerns, client base, and trajectory." Wen left China for the United States as a political asylum-seeker when she was eight years old. Growing up in poverty in California, she relied on Medicaid and Planned Parenthood for her health care, and gave back as a medical student by volunteering with Planned Parenthood as well.
In her current role as health commissioner of Baltimore, Wen has contributed both to reducing infant mortality and to fighting against disparate racial treatment in the health care system.
After 10 years of leadership focusing on the political side of the organization under Cecile Richards, Wen is expected to emphasize the legitimacy of the medical branch of Planned Parenthood while also continuing to bolster PP's political activism.
While the majority of Americans support Planned Parenthood, it's often considered a political body and branch of the Democratic party above all else. "Wen will be well-positioned to make the medical case for practices like telemedicine abortions," among other services Planned Parenthood offers and causes it supports.
That Planned Parenthood chose as its next leader a young immigrant woman of color who grew up on Medicaid and has worked to combat health inequities is a testament to the organization’s semi-recent rebranding as one committed to not only reproductive choice but reproductive justice, an ethos that prioritizes equal access to care and includes related issues like mass incarceration and poverty. The organization came under fire in 2014 when several reproductive justice advocacy groups accused it of engaging in “the co-optation and erasure” of work done by women of color in the field by claiming the mantle of reproductive justice without crediting those who’d pioneered the framework. It has been working to shake that reputation ever since.
In hiring Wen, the organization seems to hope to cement their relevancy in the reproductive justice world, re-focusing on intersectionality in the movement as well as making the case for the medical necessity of Planned Parenthood in a country facing growing threats to reproductive rights.
Thursday, September 13, 2018
BBC News (Sept. 13, 2018): NI women may not be able to access abortion pills in England, by Emma Vardy:
Women from Northern Ireland who travel to Britain for abortion care may not be able to access abortion pills. On average, each week 28 women travel from Northern Ireland to England for abortion care because, unlike the rest of the UK, the 1967 Abortion Act does not extend to Northern Ireland.
England allows women to take medication abortion at home, but patients may have to prove residency before being able to do so.
Northern Irish Labour MP Stella Creasy has backed access to the pills for women in NI. Speaking in the Commons, she said: "In Scotland there is a residency test for the abortion pill, which if it is copied in England would deny women coming from Northern Ireland this choice of procedure.
"Let's get on and give our Northern Irish sisters the right to access healthcare and abortion at home, just as our sisters around the rest of the UK have."
The Department for Health only has the power to approve English homes as a place patients can legally take the abortion pill, according to Victoria Atkins, the Minister for Women and Equalities. However, Ms. Atkins said the definition of what "home" means is yet to be clarified.
"Officials are working with the Royal College of Obstetricians and Gynaecologists to determine protocol which will set out criteria for which places should be covered by the term 'home'... We will look at how the (early abortion pill) schemes are working in Scotland and Wales and learn from the experience there."
Northern Ireland is the only part of the United Kingdom where abortion is illegal in most circumstances. Previous attempts to change the law were blocked within the Northern Ireland Assembly, but there may now be enough support among Assembly members to overturn the ban. However, the devolved NI government has not sat since power-sharing collapsed in January 2017.
In June, UK Supreme Court judges said that Northern Ireland's abortion law violates human rights and called the current ban "untenable."
Ms. Atkins said: "We call upon those representatives in Northern Ireland to get their act together and get the Assembly working again so that Northern Ireland people can make their decision."
Tuesday, September 11, 2018
CNN (Sept. 7, 2018): Kavanaugh 'abortion-inducing drug' comment draws scrutiny, by Ariane de Vogue & Veronica Stracqualursi:
Brett Kavanaugh's views on birth control drew scrutiny on Thursday as abortion rights advocates charged that the Supreme Court nominee referred to contraceptives as "abortion-inducing drugs."
The controversy came as Kavanaugh discussed Priests for Life v. HHS, a case involving the application of the Religious Freedom Restoration Act (RFRA) to the Affordable Care Act in which Kavanaugh wrote a dissenting opinion. The government's regulations included a requirement that all employers provide their employees with health insurance that covers all forms of FDA-approved birth control, including birth control pills, IUDs, and hormonal injections. In his dissent, Kavanaugh expressed sympathy for the religious challengers.
Asked about the case by Senator Ted Cruz (R-TX), Kavanaugh said he believed "that was a group that was being forced to provide certain kind of health coverage over their religious objection to their employees. And under the Religious Freedom Restoration Act, the question was first, was this a substantial burden on the religious exercise? And it seemed to me quite clearly it was."
"It was a technical matter of filling out a form in that case," he continued. "In that case, they said filling out the form would make them complicit in the provision of the abortion-inducing drugs that they were, as a religious matter, objected to."
Although no senators present at the hearing questioned Kavanaugh's usage of the term "abortion-inducing drugs," abortion rights advocates said Kavanaugh mischaracterized the case and also used a controversial term used by groups opposed to abortion.
Saturday, September 8, 2018
The New York Times (Sept. 6, 2018): India Strikes Down Colonial-Era Ban on Gay Sex, by Jeffrey Gettleman, Kai Schultz, and Suhasini Raj:
India's Supreme Court unanimously struck down a ban on consensual gay sex, a remnant of the country's colonial past and one of the oldest bans of its kind. The Court called the law "irrational, indefensible and manifestly arbitrary."
The Court's decision came after weeks of deliberation, years of legal arguments, and decades of activism. Human rights advocates in India and around the world celebrated as India joined the growing list of countries granting full rights to gay-identifying people. Similar laws have been overturned in the United States, Canada, England, and Nepal, among others.
In 2009, a court in New Delhi had ruled that the law could not be applied to consensual sex, but religious resistance to this decision followed by an appeal led to the restoration of the full law in 2013. The court deferred at that point to the Parliament and claimed the law only applied to a "minuscule fraction of the country."
In 2016, activists rallied five brave plaintiffs identifying as gay and lesbian Indians who alleged their rights to equality and liberty were violated under the law (Section 377). Eventually, more than two dozen additional Indians joined the case while it was pending before the Supreme Court.
The September 2018 decision struck down the prohibition against gay sex, and the Court also made illegal all discrimination based on sexuality, extending "all constitutional protections under Indian law" to gay people.
The law was written in the mid-19th century and applied to "unnatural sexual acts." The law, which criminalized people who engaged in "intercourse against the order of nature," remains on the books to apply to cases of bestiality, for example, but now no longer can be used against consensual sex. “'History owes an apology to members of the community for the delay in ensuring their rights,' Justice Indu Malhotra said."
Menaka Guruswamy was one of the lead attorneys representing the petitioners. This decision is a "huge win" she said. The lawyers' arguments centered on the legal issues but also embraced pleas to the Justices to recognize the humanity of those who have been affected by Section 377 for decades.
The law is notably a vestige of British colonialism. Hinduism, the dominant religion in India, is generally permissive of same-sex relationships, but levels of tolerance were eviscerated under British rule. The British leaders implemented Section 377, which imposed a life sentence on those in violation. While the law has been greatly limited, India remains a conservative country in many ways, and fundamentalist groups across religions--Hindu, Muslim, and Christian--protested the decision.
In recent years, though, many more Indians have come out, identifying publicly as gay, lesbian, and transgender. Now that these lifestyles are no longer criminalized, Indian activists hope that many more Indians will come out and be embraced by their country.
Friday, September 7, 2018
Windy City Times (Sept. 4, 2018): Panel focuses on intersectionality of LGBTQ, reproductive rights, by Carrie Maxwell:
Illinois state Rep. Kelly Cassidy hosted a panel discussion in Chicago at the end of August to discuss the intersection of LGBTQ and reproductive rights. Cassidy identified these rights as forming the basis of "her life's work" and asked the panelists how the two issues intersect with one another and are viewed by society.
The panel included Pride Action Tank Executive Director Kim Hunt, Planned Parenthood Illinois Director of Community Engagement and Adolescent Health Initiatives B. Deonn Strathman, NARAL Pro-Choice America Field Organizer Nick Uniejewski and Howard Brown Health Women's Health Manager Amy Miller.
The panelists agreed that these discussions--and making them LGBTQ-friendly--are especially integral for youth. "Destigmatizing sex education is vital for everyone's well being," said Uniejewski of NARAL.
Hunt explained that "everyone has multiple identities," and recognized that today's young people are better at breaking down barriers that have previously existed between separate movements. Intersectionality necessarily breeds conversations about the power dynamics among people, too, which should not be ignored in the quest to bring various movements in solidarity with each other.
The panel also discussed "crisis pregnancy centers" and how their work has been detrimental to the reproductive rights community, largely due to the false or incomplete information these centers offer. "Miller explained that one of the ways to remove these center's power is by overturning the Hyde Amendment." The Hyde Amendment is a provision, passed in 1976, that bars the use of federal funds for abortion procedures unless the women's life is at risk or if the pregnancy was a result of incest or rape.
The panelists all agreed that halting Brett Kavanaugh's confirmation to the Supreme Court is of primary importance for activists today.