WP_Post Object
(
    [ID] => 7175
    [post_author] => 15
    [post_date] => 2024-09-06 23:15:35
    [post_date_gmt] => 2024-09-06 23:15:35
    [post_content] => 

If we want to restore and preserve abortion rights in the United States, we have to fight harder for the ERA.

U.S. President Joe Biden’s overdue decision to suspend his reelection campaign and endorse Vice President Kamala Harris for the nomination has given the Democratic Party a decent shot at winning in November. It has also freed the Democrats to emphasize an issue they believe will drive voters to the polls: At its recent national convention, the party put reproductive rights and the “power of women” front and center, hoping to capitalize on voters’ very rational fear of a potential nationwide abortion ban if Trump is reelected.

But while the landscape for abortion rights will be less bleak if Democrats retain the White House next year, electing Harris alone will not be enough to restore these rights or prevent them from being ripped away again. Nor will it keep the far-right Supreme Court from laying the groundwork for the next Republican administration to implement the same reactionary social policies favored by the architects of Project 2025, the so-called blueprint for a second Trump term.

Aside from changing the composition of the Court, many advocates believe that passing the Equal Rights Amendment (ERA) is the best and possibly the only way to restore our abortion rights, and, more broadly, to protect the rights of millions of American women and LGBTQ+ people from current and future attacks. First proposed in 1923, the ERA would prohibit gender discrimination and ensure that “equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex”—something our Constitution does not explicitly guarantee. Most crucially, it would also safeguard these rights no matter which political party is in power. Its passage has rarely felt so urgent; in the wake of Dobbs, Americans cannot afford to leave the ERA’s fate up to the leaders of either party. Congress has already repeatedly failed to pass federal legislation to protect abortion rights: With so much at stake, demanding that the Biden administration immediately publish this badly needed amendment, and, to a lesser extent, joining efforts to add gender equality provisions to state constitutions has become far more crucial to preserving our rights than voting alone.

According to the American Bar Association (ABA) and other experts, the ERA has already achieved the number of state ratifications required to add it to the Constitution. (Conservative activists argue that some states’ decisions to rescind their original ratifications means the ERA never met this threshold, but many legal scholars say those rescissions are legally invalid and can be ignored.) But while Biden has repeatedly affirmed his support for the ERA, he has, to the outrage of its proponents, resisted publishing it for years. Why he is so reluctant is anyone’s guess. Perhaps his administration is taking a conservative approach due to perceived legal issues and a general fear of rocking the boat, despite the ERA’s popularity and legal validity. Or maybe they think it’s in their best interest to preserve threats to equality that double as fundraising tools for the Democratic Party and its allies, which help them retain the support of voters who know today’s GOP will do nothing to publish the ERA or protect abortion rights, but still hold out hope that the Democrats might.

It could also be personal: Biden, who is technically pro-choice, is a notably poor advocate with an appalling record on the issue. By contrast, Harris speaks passionately about abortion and, in March, became the first sitting U.S. president or vice president to visit an abortion clinic in an official capacity. In her convention speech, she declared, “We trust women,” and vowed that when “Congress passes a bill to restore reproductive freedom” she would “proudly sign it into law.” Yet she offered no explanation as to why this didn’t happen when Democrats controlled Congress, no strategy for ensuring that it happens in the next Congress, and no reason why the Democratic administration she is currently a part of hasn’t yet published the ERA. There is also no reason to assume that if Harris wins in November, she will honor her 2019 presidential campaign pledge to pass the ERA in her first 100 days in office, either. In fact, she did not mention the ERA in her speech at all, despite the party’s promise in its official 2024 platform that “Democrats will fight to make the Equal Rights Amendment the law of the land.” Notably, this year’s platform also promised that “Democrats will work to pass the Paycheck Fairness Act”—something then President Obama promised to do over a decade ago—and repeal the Hyde Amendment, which bars federal programs like Medicaid from covering the cost of most abortions, and which Biden supported until June 2019. It did not explain how they plan to do so. (Neither the Biden administration nor the Harris campaign responded to my requests for comment by the time this was published.)

Nicole Vorrasi Bates, Executive Director of the pro-ERA organization Shattering Glass, did not mince words in a recent phone call. “Both parties are playing political football with the rights and lives of 187 million women, girls, and LGBTQ+ people,” she said. Regardless of who is in the White House, the Supreme Court will issue rulings in the next year that could further damage women’s legal standing for decades to come by subjecting claims of gender discrimination to a lower standard of judicial review—something that theoretically could not happen if we could point to language in the Constitution that explicitly guarantees sex equality, rather than relying on what many legal scholars consider an implicit guarantee under the 14th Amendment.

The quickest and most straightforward path to achieving that guarantee is to publish the ERA. As Mrinalini Sisodia Wadhwa explained in a 2020 Columbia Undergraduate Law Review article, “the Court has continually changed the test it uses to evaluate claims of sex-discrimination…Without [the ERA], the Court will continue to evaluate sex-discrimination cases without a steady metric, thereby leaving problems of inequality unsolved.” The fact that sex equality is not clearly guaranteed in the Constitution, Wadhwa wrote, gives the Court “a blank check to decide what test to use” and “how seriously to take challenges against statutes that discriminate on the basis of sex.”

Today, the vast majority of pro-ERA politicians are Democrats. But the ERA continues to enjoy broad bipartisan support among voters. A 2016 poll found that 90% of Republicans support it, which suggests that most non-elite Republicans favor basic equality—and GOP leaders are, on this issue, profoundly out of step with their base. A more recent 2022 poll shows that the vast majority of Americans still support the amendment—and gender equality—across party lines. Conservative activist Phyllis Schlafly derailed the ERA in the 1970s and left it for dead at the dawn of the Reagan era; decades later, fury at Trump resurrected it. Nevada ratified the ERA in 2017, Illinois in 2018, and Virginia in 2020, bringing the total number of state ratifications to the 38 required to make it part of the Constitution.

Twenty-nine states already explicitly guarantee sex or gender equality in their constitutions, which offers stronger and more durable protections for abortion rights than state laws banning discrimination. The ERA would guarantee these protections at the federal level. Such protections are necessary even in blue states with strong anti-discrimination laws for two main reasons: (1) laws are much easier to change and/or repeal than constitutional text and (2) gender discrimination claims are usually subject to intermediate scrutiny, which is a lower standard than the one applied in cases involving explicitly protected categories like race. This is because a minority of Americans with outsized power do not consider abortion a right and do not want U.S. courts to treat gender discrimination as seriously as other forms of prejudice. Once courts are required to apply the same standard to sex-discrimination cases, abortion restrictions, which apply almost exclusively to women, will be much harder to defend.

This is already clear at the state level. In Connecticut and New Mexico, the constitutions of which prohibit sex discrimination, courts have upheld public funding of abortion. The New Mexico Supreme Court is considering striking down abortion restrictions passed by conservative localities because they violate the state’s constitution. The Pennsylvania Supreme Court recently ruled that abortion providers can challenge Pennsylvania’s ban on Medicaid coverage for abortion as sex discrimination under the state’s Equal Rights Amendment and constitutional equal protection provisions. Even in blood-red Utah, the state Supreme Court recently upheld a suspension of the state’s abortion ban, keeping the procedure legal while the ban is being challenged in court. In suing to block the Utah ban, Utah Planned Parenthood argued that it violated several provisions in the state’s constitution, including the right to gender equality.

But as Wendy J. Murphy explained in a recent law review article, amending state constitutions is an imperfect strategy for reasons similar to those put forth by Wadhwa. According to Murphy, only thirteen states enforce their own constitutional gender equity provisions under the highest standard of judicial review. In Texas, for example, the state constitution’s sex equality provision failed to protect Texas women when the state Supreme Court concluded that abortion-related funding restrictions do not deny equality “‘because of’ sex, even though only women [can] become pregnant.” As Murphy argued, “without the ERA, States are free to apply their State constitutional equality guarantees unequally to women.”

This doesn’t mean that states’ efforts are futile. A year ago, abortion rights supporters had reason for cautious optimism: Ballot measures designed to enshrine abortion rights in state constitutions passed, and those intended to restrict such rights failed in all seven of the states, including red states like Kansas, Kentucky, and Ohio, that voted on these measures in the aftermath of Dobbs. In November, New Yorkers will vote on whether their constitution should guarantee equality regardless of gender and reproductive status. (New York’s constitution currently prohibits discrimination on the basis of “race, color, creed or religion,” but not “sex.”) Floridians, too, will have the opportunity to enshrine abortion rights in their constitution. Abortion-related state constitutional amendments are also on the ballot or under consideration in Arizona, Arkansas, Colorado, Maryland, Missouri, Montana, Nebraska, Nevada, and South Dakota.

Yet some recent efforts to protect abortion and other rights via state constitutions have stalled. Despite having approved a resolution calling on Congress to ratify the federal ERA in 2023, Minnesota was unable to pass a state ERA in 2024. Minnesota’s proposed amendment did not include the word “abortion,” but it would have protected Minnesotans’ right to make “decisions about all matters relating to one’s own pregnancy or decision whether to become or remain pregnant.” An effort to enshrine abortion rights in Maine’s constitution similarly failed in April after lawmakers voted against putting the proposal on the November ballot. The Maine proposal, which would have asked whether Mainers wanted their state constitution “to declare that every person has a right to reproductive autonomy,” also omitted the word “abortion,” though supporters did not avoid the word in promoting it.

Even states that have managed to get reproductive rights on the ballot have had to fight to include the word “abortion.” In New York, pro-choice advocates and legislators attempted to revise the language of the upcoming ballot measure to make its primary purpose—protecting abortion rights—clear, after the state board of elections voted to exclude the word “abortion” from the initiative’s description. Democrats challenged that decision on the grounds that the state is obligated to provide easy-to-understand explanations of ballot proposals to voters. A judge recently upheld the vague language, and state Democrats are now squabbling over whether to keep fighting for the broadly popular initiative or retreat in hopes of neutralizing bad-faith GOP attacks on Democrats in swing districts. But allowing an abortion-rights initiative to fail in deep-blue New York would have serious implications for women’s and LGBTQ+ rights nationwide.

Gender equality as a concept is broadly popular in the United States, whether or not it always exists in fact. And as we’ve seen many times in the wake of Dobbs, abortion rights are popular and restricting them is not. That’s why the GOP is working so hard to keep abortion off of state ballots and overrule the will of the voters, and why New York Democrats belatedly tried to tie the word “abortion” to the state’s upcoming ballot proposal: Both parties know that opportunities to defend abortion rights drive voter turnout. But whatever happens in November, our rights would be better protected if Biden simply published the ERA today.

Despite her frustration with the two major parties, Bates remains hopeful that the tide is beginning to turn. “In light of recent events, and given all that’s at stake, the momentum for ERA publication is growing exponentially,” she recently said. Whoever our next president is, one thing is clear: Actions speak louder than words, and we will need to do more than vote to take back our rights.

[post_title] => Voting Isn't Going to Be Enough [post_excerpt] => If we want to restore and preserve abortion rights in the United States, we have to fight harder for the ERA. [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 2024-election-abortion-rights-reproductive-justice-equal-rights-amendment-kamala-harris-dnc [to_ping] => [pinged] => [post_modified] => 2024-09-06 23:19:38 [post_modified_gmt] => 2024-09-06 23:19:38 [post_content_filtered] => [post_parent] => 0 [guid] => https://conversationalist.org/?p=7175 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )
Equal Rights Amendment supporters voice their disapproval of the 22-16 vote against E.R.A. in the Florida Senate as they streamed out of the capitol for a demonstration and shouted "vote them out" in response to the Senate vote, June 21, 1982. It is a black and white photo of women gathered in protest. They appear to be shouting.

Voting Isn’t Going to Be Enough

WP_Post Object
(
    [ID] => 6921
    [post_author] => 15
    [post_date] => 2024-06-24 12:23:28
    [post_date_gmt] => 2024-06-24 12:23:28
    [post_content] => 

Two years after Roe v. Wade was overturned, an honest assessment of how things could get worse.

Nine months before the 2016 presidential election, I declared in an op-ed that if a Republican were to win in November, Trump would be “the best-case scenario for American women, not the worst.” Having covered politics and abortion rights for years, I’d been wrong in my predictions before—but never quite as spectacularly as I was about that.

It’s not that I thought the plainly misogynistic Trump would be good for women, but rather that Senators Ted Cruz and Marco Rubio—two of the highest-profile GOP alternatives to Trump at the time—would be worse. I wasn’t alone in thinking so: That February, a left-leaning columnist for Glamour had labeled Trump the “Best Republican Presidential Candidate on Women's Health Issues” because he was noncommittal on abortion and had taken less extreme positions overall than other Republicans in the race. Trump was and remains amoral and unprincipled, but, at the time, he was considered somewhat of a wild card, whereas Cruz and Rubio were running as ideologues with carefully cultivated right-wing brands. Both wanted to force women to carry their rapists’ babies to term, and Cruz vowed to prosecute Planned Parenthood if elected president. I was surprised that Trump—who was pro-choice for years and never cared about abortion, except as a means of shoring up support from the religious Right—turned out to be the most ruthlessly effective of the three at rolling back women’s rights nationwide.

Two election cycles later, I’m relieved that that op-ed was never published. But being so wrong about the former president taught me an important lesson: What Trump believes, says, or avoids saying has little bearing on what he does—and countless people will suffer as a result of his whims. He is a creature of impulse, guided by an outsized ego and often sharp political instincts. Barring some unforeseeable and extraordinary event, he will be his party’s nominee in November. But what matters far more than “who” leads the GOP ticket is how life would change for abortion seekers with a Republican in the White House next year.

We already know the consequences of anti-abortion laws and policies because we’ve been witnessing them for years, more commonly but not exclusively in red states. Thanks to our shockingly inadequate healthcare system, millions of pregnant people are already suffering—and not just those who need abortions. States with the cruelest abortion bans have the highest maternal and infant mortality rates in the country: Give birth in Alabama, for example, and you are more than four times as likely to die during or shortly afterward than you would be in California. In states like Idaho, Missouri, and Texas, abortion is a felony in nearly all circumstances; and with Roe overturned, healthcare providers across the country must now weigh their responsibilities to their patients against the risk of being sued, stripped of their medical licenses, or jailed—a choice with deadly consequences for patients. A 2022 survey of medical students found that a majority, around 58 percent, were unlikely or very unlikely to apply to residencies in states that restrict abortion, meaning we’re on the brink of a serious shortage of qualified OB/GYNs in the states where they’re needed the most. We’ve already seen the consequences of this play out: A January New Yorker story posed the question, “Did an Abortion Ban Cost a Young Texas Woman Her Life?”—and, as the author’s extensive reporting makes clear, the answer is a resounding “Yes.” Yeniifer Alvarez-Estrada Glick, the young woman in question, died while pregnant in 2022. After trying and failing to save Glick’s life, a doctor attempted to deliver her baby prematurely via C-section. The baby died, too.

Glick’s health problems, coupled with the poor care she received as a low-income, uninsured, undocumented Mexican woman in a small rural town in Texas, all contributed to her death. But according to the four outside experts The New Yorker asked to review her medical file, doctors likely could have saved her life by explaining how risky it was to continue her pregnancy and, if she wanted one, performing an abortion. Texas’ cruel abortion law made them afraid to do so.

If a Republican wins the presidency in November, the landscape will be even bleaker. While Congress is unlikely to pass federal legislation banning abortion nationwide, a Republican presidential administration wouldn’t need a law to accomplish that goal. As with the repeal of Roe, anti-abortion activists have been laying the groundwork for a backdoor ban for decades. And while Trump recently claimed that he would not support a federal abortion ban (a stance he’s likely to waffle on), anti-abortion activists don’t need him to. Below are the three main strategies they are pursuing—despite stiffening opposition from a passionate but fragmented pro-choice movement—to make a national ban a reality:

  • A Republican HHS Secretary could override the FDA’s approval of mifepristone, one of the two drugs most often used to induce abortion. Mifepristone was first approved by the Food and Drug Administration (FDA) in 2000; but in 2022, anti-abortion activists, hoping to curb access to the drug, filed a lawsuit challenging the FDA’s approach to regulating it. The Supreme Court’s June ruling in that case preserved access to mifepristone for now, but left the door open to further challenges down the road. And the next president’s Health and Human Services (HHS) Secretary could still override the FDA’s approval of the drug, effectively ending what has become the most common method of abortion nationwide.
  • An anti-abortion administration could resurrect the Comstock Act. Comstock is a 150-year-old anti-obscenity law which prohibits using the mail to send or receive “obscene” items, potentially including anything that could be used to perform an abortion. Under the Telecommunications Act of 1996, Comstock applies to the internet, as well, meaning that even discussing abortion online could lead to up to five years in prison, $250,000 in fines, or both. Medical abortions performed via telemedicine, wherein providers consult with patients online and send the necessary pills by mail, are just as safe and effective as those performed in person; but Comstock would prevent doctors from sending the pills at all, severing a lifeline connecting women in red states and remote, rural areas to needed care. (Between April 2022 and August 2022, around 4 percent of total recorded abortions in the U.S. were performed via telemedicine; as of May 2024, that figure had risen to 19 percent.) Because Comstock is a federal law, it would most likely invalidate state laws, which means a Republican Department of Justice could federally prosecute doctors and drug companies nationwide. It could also shut down all U.S. abortion clinics by barring them from receiving any abortion-related materials via mail.     
  • An anti-abortion Republican president could reinstate the global gag rule. The rule bars foreign nongovernmental organizations (NGOs) from using any funds, including non-U.S. government funds, to provide abortion services, information, counseling, referrals, or advocacy, effectively forcing NGOs outside of the U.S. to choose between receiving U.S. global health assistance and providing comprehensive healthcare. It has largely been in place under Republican administrations since 1984, but the Trump administration expanded it to apply to an unprecedented range of agencies and public health programs, many of which serve poor women in rural areas. When women desperate to end a pregnancy are kept in the dark about their options, they have more abortions, not fewer—and many end up dead or seriously injured as a result. The International Women’s Health Coalition wrote in a 2019 report that the rule “contributes to arbitrary deaths by impeding the provision of life-saving care.” Marie Stopes International, one of the largest global family planning organizations, estimated in 2017 that Trump’s expanded gag rule would increase abortions in Nigeria by 660,000 over four years, and that 10,000 women would die as a result. Precise figures are difficult to come by, but it’s clear that women have, as predicted, died as a consequence of this cruel and pointless policy. (Healthcare providers also expect the repeal of Roe to continue harming women worldwide.)

Whether or not the above scenarios come to pass—and there is little doubt that, if a Republican wins the White House in November, the last one will—the harm already caused by state abortion bans shows that a national ban would be an unmitigated disaster. Nor would it stop people from getting abortions. Women end pregnancies for a myriad of reasons, some more common than others. They do so whether it is safe, legal, and accepted, or dangerous, criminal, and condemned. And they do it whether or not their parents, lovers, spouses, friends, neighbors, religious leaders, strangers, or elected officials approve. The only difference is how many will get the quality care they need, and how many will suffer and die.

Forcing a person to carry a pregnancy to term and give birth against their will is a brutal act under any circumstances. But in a country like the U.S., with its threadbare social safety net and policies that vary wildly by state and region, it often means forcing them into poverty, as well. As Bryce Covert explained in 2023, “The states that have banned abortion are the same ones that do the least to help pregnant people and new parents make ends meet.” Most states with abortion bans offer little help to pregnant workers; none guarantee any control over work schedules, paid family leave, or paid sick days. When Lationna Halbert of West Jackson, Mississippi, found herself unexpectedly pregnant in 2022, she told In These Times, she cried and cried. She was earning just $8.50 per hour and already had a four-year-old son. She and her partner were not ready for another baby, nor could they afford to raise one. When Roe was overturned, an abortion ban automatically went into effect in Mississippi, shutting down the state’s last remaining clinic. By the time Halbert realized she was pregnant, it was too late: She couldn’t afford to travel to another state to get an abortion, and it was impossible to get one safely and legally in Mississippi. She delivered her second baby in a hospital with no hot water.

As I have written for The Conversationalist before, the same officials who worked so tirelessly to      overturn Roe have also fiercely resisted using public funds to help vulnerable women like Halbert. This is because the same politicians who romanticized her fetus have nothing but contempt for Halbert herself, and for all the other people—who are, not coincidentally, mostly women—being forced to have babies they do not want and cannot provide for. That contempt is matched only by their sociopathic indifference to the children who make it out of the womb—the kind who already exist, only to be routinely denied housing, healthcare, and basic nourishment by their state governments. (Nor do these politicians have any empathy for living, breathing children facing crisis pregnancies of their own.)

If pregnant women are the primary and intended victims of U.S. abortion policy, which is rooted in a desire to control and punish them, their children, partners, and families are collateral damage. It is bad for babies to be unwanted; bad for already existing children to be deprived of needed resources; and bad for the couple experiencing an unexpected pregnancy to be forced to have a baby that one or neither wants. It is delusional and insulting to pretend otherwise. Anti-abortion zealots’ cozy fantasies of domestic fulfillment have nothing to do with the daily lives of women forced into motherhood.

Even under a Democratic administration, women are already being investigated, prosecuted, and punished for various pregnancy outcomes, including miscarriages. In 2023, Brittany Watts, a 33-year-old Black woman in Ohio whose water broke prematurely, leading to a miscarriage, was charged with abuse of a corpse—a felony punishable by up to one year in prison and a $2,500 fine. Doctors told Watts her fetus was nonviable, and she spent a total of 19 hours in a local hospital over the course of two days, begging for supervised medical help. Concerned about the potential legal ramifications, the hospital repeatedly delayed her care. Watts ultimately gave up and miscarried alone in her bathroom. When she returned to the hospital for follow-up care, a nurse rubbed her back and told her everything would be okay—then called the police at the behest of the hospital's risk management team. As Watts was lying in the hospital recovering, police searched her home, seized her toilet, and broke it apart to retrieve the remains of her fetus as “evidence.” Watts’ charge was dismissed after a grand jury declined to indict her: Her prosecution was meant to shame and punish her, not protect her fetus. But prosecutors have always been more inclined to target women of color, immigrants, and/or poor women in these types of cases—because it’s easier to win against someone who can’t fight back. Watts’ experience also specifically demonstrates how little our healthcare system values the health and well-being of Black women, who are three times more likely than white women to die from a pregnancy-related cause.

One of the bitterest ironies of conservative reasoning on abortion is that, followed to its logical conclusion, it will impede tens of thousands of people who desperately want to become parents or expand their families from doing so. When the Alabama Supreme Court ruled in February that embryos created through in vitro fertilization (IVF) are children, three of the state’s IVF providers suspended their services, fearing legal repercussions. (Alabama voters in a longtime Republican stronghold were so alarmed that they elected a pro-abortion rights Democrat to Congress a few weeks later.) A number of prominent Republicans, including Trump, have since affirmed their support for IVF, but that hasn’t stopped many of them from co-sponsoring the Life at Conception Act, a piece of federal legislation that would ban nearly all abortions nationwide and does not include a carveout for IVF. Nor has it stopped those same Republicans from blocking a recent bill that would have protected the procedure. Leaders of the nation’s largest Protestant denomination, Southern Baptists, have recently voted to condemn the use of IVF, as well.

While Republicans’ support of openly fascist and deeply unpopular abortion policies has become a political liability for the GOP, it’s simultaneously become a human nightmare for the rest of us. Trump’s failed attempt to contain the political fallout from Arizona’s recent revival of an 1864 ban is an object lesson in locking the barn door after the horse has bolted. If abortion is the same as infanticide, as most anti-abortion activists insist that it is, then no person seeking one would be exempt from prosecution, whether you’re 9 years old and a man rapes you, 11 years old and your grandfather rapes you, 12 years old and a man rapes you, 33 and desperate to end your pregnancy, 33 and suicidal, a married mother who doesn’t want another child, or unexpectedly pregnant at 45. Even white, married, heterosexual moms are not exempt. The state of Texas recently forced lifelong Texan Kate Cox to travel out of state for an abortion she needed to protect her life and fertility. Cox, a married mother of two who wants more kids, was told that her third pregnancy was nonviable: The fetus was unlikely to survive, and the best-case scenario was that she might give birth to a baby who would live in anguish for a week or less. Alternatively, she could experience a life-threatening uterine rupture and need a C-section and/or a hysterectomy, potentially losing the ability to have more children in the future. Forced sterilization, which is one outcome Texas’ barbaric denial of care could have imposed on Cox had she lacked the means to travel out of state, is internationally recognized as a human rights crime. No wonder she fled.

It’s a sad truth that things can always get worse, even for relatively privileged Americans. Until it did, many legal experts considered it highly unlikely that the Supreme Court would overturn Roe, upending nearly 50 years of precedent and stripping American women of a right guaranteed to us for half a century. But many U.S. residents, particularly in rural areas and throughout the South and Midwest, have been living under de facto abortion bans for at least the last decade. A right is only guaranteed when it can be freely and easily exercised by all; for many U.S. residents, the cost of abortion—the procedure itself, the travel, the lodging, the childcare costs, the ability to request and take time away from paid work—is too high. One in five U.S. women must travel more than 40 miles one way to access care; in some rural areas, that distance is 300 miles or more. Under a national abortion ban, the situation will only grow more dire. People have taken and will continue to take risks that range from reasonable but frightening (crossing the border to buy pills from a pharmacy in Mexico) to desperate and potentially fatal (shooting themselves in the stomach). Denying care to women who need it permanently alters their lives, most often not for the better.

There is no reason to believe that the proudly anti-democratic GOP will uphold democratic norms or respect the popular will, and little reason to trust the Democratic Party, which has, in recent years, canceled elections, failed to defend abortion rights, and repeatedly defied its own voters. But focusing on how abortion politics are hurting the GOP or improving Biden’s chances misses the point. Like miscarriage, abortion stops an embryo or a fetus from becoming a baby. Restricting it tortures women, children, and families and rips holes in communities. Policies that harm actual, living people must be stopped, and those who promote them held to account. Voting is one fragile, inadequate tool. With so many lives at stake, we’ll need more.

[post_title] => The Reality of a National Abortion Ban [post_excerpt] => Two years after Roe v. Wade was overturned, an honest assessment of how things could get worse. [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => national-abortion-ban-republican-gop-president-election-roe-v-wade-womens-rights-united-states-policy [to_ping] => [pinged] => [post_modified] => 2024-08-28 21:11:27 [post_modified_gmt] => 2024-08-28 21:11:27 [post_content_filtered] => [post_parent] => 0 [guid] => https://conversationalist.org/?p=6921 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )
A collage with a black background and flashes of deep blue. In the top left corner, a fragment of a black and white photo of a woman seemingly naked, her hand to her mouth. In the right bottom corner, a black and white photo of a surgery room. The black running through the center conveys a rip between the two.

The Reality of a National Abortion Ban

WP_Post Object
(
    [ID] => 5461
    [post_author] => 15
    [post_date] => 2023-01-17 08:00:00
    [post_date_gmt] => 2023-01-17 08:00:00
    [post_content] => 

Nearly seven months later, a case for why some healthcare providers in Nigeria are getting nervous.

Rose sits in the waiting room of a Planned Parenthood clinic in Isolo, Lagos, waiting to receive her prescription for oral contraceptives. While her husband supports her decision, her family does not, and she is here despite their insistence on her having more children before trying them, believing that they can take away her fertility. That she’s even able to get these contraceptives would have been unthinkable just a few years ago: Rose has never heard about Roe v. Wade, but she remembers when it was impossible to consider family planning at all, let alone have access to it, and fears returning to those times.

Before organizations like Planned Parenthood Federation Nigeria (PPFN), sexual and reproductive agency were impossible for most women in the country. “Many women who visit Planned Parenthood defy their husbands to get contraceptives, secretly making choices that save their lives despite facing consequences if they are ever found out,” says Zainab Mukhtar, Communications Officer for PPFN. "We advocate method by choice and exercising free will, not only for married women but sexual and reproductive health choices for young people." 

In Nigeria, many women cannot access reproductive health services without spousal permission, and if unmarried, they are shunned for considering it. Even health workers cite God's omniscience when refusing care: While trying to obtain birth control, one unmarried woman recalls her male doctor condescendingly telling her, "Ah, madam, do you want to test God? Where is your husband? Go and bring [him]." This provider bias, where health workers lead with disapproval when consulted for reproductive and sexual health care, has only made it harder for many women in Nigeria to access the care they need—a bias that becomes far more severe when it comes to abortion. 

This bias is likely to only get worse: Sani Mohammed, a sociologist, activist, and the executive director of the Bridge Connect Africa Initiative, says the repeal of Roe v. Wade last summer has had ripple effects beyond the U.S., and creates justification for more limits on women's rights worldwide, often detering advocacy efforts and slowing momentum behind progressive bills. “It sends a signal to anti-abortion advocates in Nigeria that if the U.S. can do it, why not us?” Mohammed says. “It will take longer for Nigeria to make abortion services open and legal because it sets a precedent and justification, rescinding all the work done today and making it harder to make a case in favor of sexual and reproductive rights.”

Sani was careful in choosing his words, so as not to risk the little progress made, adding that it took a long time to even get this far. Bridge Connect Africa Initiative focuses on women’s rights and reproductive health rights, pushing for policies and campaigns around gender-based violence, and access to education for young girls to help inspire more informed social and reproductive health choices, especially in northern Nigeria. But it’s been an uphill battle. 

Except in situations where having the child puts the mother's life at risk, Nigeria is governed by two laws that criminalize abortion: the penal code in the north and the criminal code in the south. When discussing restrictive sexual and reproductive laws in Nigeria, people often think of the north, associating it with Sharia law and terrorism, but southern Nigeria is predominantly Christian, comprising of Catholics and evangelical Christians, and their stance toward abortion and sexual reproductive rights is similar to hardliners in America. In Enugu State, in southeastern Nigeria, for example, a coalition of civil society organizations claimed that the comprehensive sexuality education (CSE) in the public school curriculum equates to pornography and demanded to stop sex education in schools.

While abortion is a crime in Nigeria, it is also a cause of shame to be pregnant out of wedlock, regardless of the circumstances of the pregnancy. In northern Nigerian culture, a girl is considered old enough to be married and have children at 11 years old, but an 11-year-old girl is not allowed to seek out family planning methods. Young girls who get pregnant from rape still have to carry it to term, and to avoid scorn and ostracism, often find unsafe means to hide their shame. Without legal recourse, these girls either neglect the children after they are born or resort to unsafe abortions, regardless of the risks. Sani recalls witnessing two cases of hysterectomies performed on 14-year-old girls. "It is already difficult to have access to safe abortion, and other reproductive health devices that help girls as young as 12 to 14 stay safe and live healthy lives." 

According to a report by the Population Reference Bureau (PRB), about two million women and girls aged 15 to 45 have abortions in Nigeria every year—a staggeringly high number over three times the estimated number of abortions in the U.S. Of these women and girls, 6,000 die, and 500,000 live with complications from unsafe abortions, despite some doctors risking their licenses to provide off-record/off-book abortion care. It is also the fourth leading cause of death for lower and middle income women, according to the Academy for Health Development (AHEAD), a not-for-profit health research agency in Nigeria.

Organizations like PPFN—which is a member of the International Planned Parenthood Federation (IPPF)—are doing their best to combat this, but similar to America, misconceptions about their services abound. Like in the U.S., the majority of Planned Parenthood Nigeria’s services are preventive, especially against HIV/AIDS, cervical cancer, and malaria. They provide maternal and child care through malaria prevention and treatments, especially intermittent preventive treatment (IPT) for pregnancy malaria, which is a critical public health problem in Nigeria. Also like in the U.S., PPFN provides post-abortion care for women and girls having spontaneous abortions or miscarriages, and those who attempt incomplete abortions using crude objects to remove an unwanted pregnancy “by any means necessary.” Sometimes these objects are found still inside the women. 

Would PPFN provide abortions in uncomplicated cases? Zainab, with a careful laugh, says they would, but that it’s “tricky.” They are damned if they do and damned if they don’t. If they don’t help, the patient could seek an unsafe abortion elsewhere that could lead to death; if they do, it could mean breaking the law. Nevertheless, PPFN will not turn away a patient in need, and will perform abortion services within legal exceptions—that is, when the birth of the child directly puts the life of the mother in mortal danger.

Perhaps if Nigerians were more open about abortion, it could inspire a legislative debate similar to the one in Ireland, and allow a platform to discuss the benefits of legalizing abortion, providing safer choices for women and girls through government funding and training for health care providers. But with the Nigerian health sector being one of the most underfunded in the world, it does not leave much hope.

While Zainab believes it is too early to say what the real effects of the overturning of Roe v. Wade will be on Africa, she predicts the heightening of fear and possibilities of regression. “It is difficult to work in this field in Nigeria; these things happening here have existed a long time but signaling from the U.S. can make things worse.” Shortly after the repeal of Roe v. Wade, the Lagos Government proposed new abortion guidelines on the safe termination of pregnancy. They were quickly rejected after the governor, Babajide Sanwo Olu, who is running for re-election, received backlash from Christian and Muslim religious organizations in the state. 

But even before the overturning of Roe v. Wade, it’s been an especially difficult time. For more than 50 years, the United States has supported global family planning and reproductive health rights in Nigeria, but when countries like America, which have historically provided aid, start taking them away in their own countries, the idea of choice for women in oppressive societies is erased forever. Most notably, the global gag rule on abortion during the Trump years reduced reproductive health funding and setback the work being done independently on sexual health rights both locally and abroad. 

There is progress, however, no matter how slow. Planned Parenthood Nigeria has a more comprehensive curriculum for sexual and reproductive health rights (SRHR) education currently being piloted in private schools, where there is less national control of the curriculum. They also train health workers on sexual and reproductive health rights and how to identify provider bias. Bridge Connect Initiative has been able to get three northern states (Kano, Jigawa, and Bauchi) to recognize the Violence Against Person Prohibition Act (VAPP) and the child protection bill. They also provide psychosocial support to child brides and survivors of gender-based violence while helping many girls complete their education.

The durability of these successes lies in the allyship of progressive nations towards women’s health abroad. This is why the rescinding of Roe v. Wade is so dangerous on a global scale. Women are dying now. Nigerian women are deprived of contraception when they want it or forced by their husbands to take it when they don’t, and even that is considered progressive. What becomes the fate of a woman living in Nigeria when the government takes a more hardline stance on her agency without a powerful ally to help? With the right support from local organizations and international health rights networks, and a renewed interest in Africa from the U.S., hopefully, we never have to find out.

[post_title] => The Overturning of Roe v. Wade Didn't Just Affect America [post_excerpt] => Nearly seven months later, a case for why some healthcare providers in Nigeria are getting nervous. [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => roe-v-wade-abortion-reproductive-access-planned-parenthood-nigeria [to_ping] => [pinged] => [post_modified] => 2024-08-28 21:11:28 [post_modified_gmt] => 2024-08-28 21:11:28 [post_content_filtered] => [post_parent] => 0 [guid] => https://conversationalist.org/?p=5461 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )
A woman gets her blood pressure checked by an employee at the Planned Parenthood clinic in Isolo, Lagos. A child sits in her lap, curiously watching what is happening.

The Overturning of Roe v. Wade Didn’t Just Affect America

WP_Post Object
(
    [ID] => 4739
    [post_author] => 15
    [post_date] => 2022-09-01 23:27:00
    [post_date_gmt] => 2022-09-01 23:27:00
    [post_content] => 

Pregnancy and parenting will never "just work out” for everybody.

Nine years ago, I told my mother that the man I was seeing didn’t want children. I wasn’t yet sure what I wanted, and at the time his certainty was both comforting and concerning: I appreciated that he knew his own mind but wanted to keep my options open. “Oh, well,” my mom said. “Sometimes certain people meet, and someone gets pregnant, and—BOOM!—everybody's happy.” She was sort of joking, and sort of not. I knew she hoped that he, and I, would change our minds about becoming parents. Nine years later, for a variety of reasons, we haven’t.

Despite her Catholic education, my mother is fervently pro-choice. Having suffered a difficult miscarriage and carried three pregnancies to term, she is not cavalier about the toll pregnancy and labor take on the body and soul. She recognizes what most people—including anti-abortion activists, who get abortions when they need them—intuitively know: that forcing someone to remain pregnant and give birth is an act of brutality.

Yet, like many Americans, my mother also wants to believe that even unexpected pregnancies can sometimes turn out for the best, especially when those involved are ready, willing, and able to become parents.

It’s not wrong to wish this were always the case. It would certainly be better if it were impossible to make a baby unless you were ready and willing to parent, and always possible when you were; if every pregnancy and delivery were complication-free; and if every baby were painlessly ushered into a stable and functional family unit at birth. But that’s not the world we live in, and pregnancy is not the peaceful, glowing, rose-tinted fantasy so many want to believe it is.

Even under the best of circumstances, pregnancy can be grueling. Some people, including celebrities like the comedian Amy Schumer and Duchess of Cambridge Kate Middleton, experience hyperemesis gravidarum, or extreme, persistent nausea and vomiting. In 2019, Schumer, then in her second trimester, estimated that she’d vomited around 980 times since becoming pregnant. The Duchess, meanwhile, described her own experience with the condition as “utterly rotten.” And while hyperemesis gravidarum is relatively rare, around 70% of pregnant people still experience nausea and vomiting. 

Pregnancy can also lead to a host of other debilitating symptoms, including depression, insomnia, and/or difficulty concentrating. “My body was heavy, tired from the insomnia that kept me awake from three until seven in the morning, exhausted from the constant vomiting, and bloated from all the eating, which fended off the unrelenting nausea,” writer Miriam Foley wrote in an essay for Parents.com. “I felt sick all day and woke up to be sick or eat during the night. I vomited in public on street corners, at roundabouts, beside parked cars, in the bin, in basins, in the toilet, in the sink…emotionally I was even worse; delicate, jumpy, tearful.”

This was Foley’s second pregnancy, one she and her husband had “very much wanted.” Imagine dealing with those symptoms when you don’t want or aren’t ready to be pregnant, give birth, or raise a child.

In the U.S., we force those who undergo childbirth to choose between solvency and recovery. Because the overwhelming majority of people who become pregnant and give birth are women, and we take women’s pain and suffering for granted, we have largely failed to ease it via public policy. Many see pain and danger as inescapable conditions of women’s lives, particularly Black and brown women, as demonstrated by our maternal mortality rates. In 2015, I wrote a column about the shocking number of U.S. women who return to work just two weeks after giving birth, a decades-long problem we lack the political will to solve. I’ll never forget the stories I heard. Two weeks after giving birth, one mom told me, she still looked six months pregnant and felt like her vagina was “inside out.” A then 34-year-old mother of two said her first baby tore her perineum, anus, and sphincter muscles “badly"; it was 10 days before she could even walk. Her legs and feet were so swollen she thought her skin was going to split open, and she developed mastitis in her left breast, which felt like the “jaws of life” were ripping her chest apart. Pregnancy and childbirth may always involve some degree of discomfort. But they could certainly be easier to endure and recover from than they are in the U.S.

The everyday agonies people who choose to be pregnant are expected to tolerate become a form of torture when those who had no choice are forced to endure them, too. A surprising number of well-meaning but clueless Americans join the right-wing religious fanatics in proffering adoption as a seamless alternative to abortion, despite the fact that the former is far riskier, costlier, and more physically and psychologically painful than the latter. As was true before Roe, and will keep happening in the wake of its repeal, many birth parents in states where abortion is illegal are forced to carry pregnancies to term and undergo childbirth against their will—a trauma with potentially life-long consequences for birth parents, babies, and adoptive families.

Even those who want and consciously decide to become parents know how hard it is to raise kids in an atomized, every-family-for-itself country with no universal health or child care, no paid family leave, and no guaranteed income. They suffer near-constant levels of stress, anxiety, and fear, both about big-picture existential threats and everyday survival. There are only four countries in the world where couples with young children who earn the average wage spend more than 30 percent of their salary on child care, and the United States is one of them—along with New Zealand, the U.K., and Australia. (By contrast, the average couple in Austria, Greece, Hungary, and Korea spends less than four percent.)

The same Republican officials who worked so tirelessly to overturn Roe have also fought tooth and nail against providing basic public goods and services to ease the considerable burdens the U.S. imposes on women and families. The states most hostile to abortion rights have no paid family leave and some of the worst maternal mortality rates in the nation. All except Louisiana are run by anti-abortion Republicans; meanwhile, Louisiana’s legislature is Republican-dominated, and its governor, a nominal Democrat, is staunchly anti-abortion, in defiance of his party’s platform. Earlier this year, the state’s lawmakers tried to classify abortion as homicide under state law and allow prosecutors to criminally charge patients. If anti-abortion legislators wanted to make it safer, easier, and more inviting to raise a family, they would have done so. Instead, they’re busy trying to figure out how to jail pregnant people.

When even the willing feel ensnared by the increasingly unmanageable demands of pregnancy and parenting, no one is free. Not every accident is a happy one, nor can it always be made so through sheer force of will. If individuals and families were not buried, alone, under the crushing burdens of pregnancy, childbirth, and childrearing, more Americans might choose to start families. And others still wouldn’t. As New York Magazine reporter Sarah Jones recently wrote, “I am childless because that’s what I’ve chosen for myself...Congress could pass Medicare for All tomorrow, and paid family leave, and all the other policies I support, and if I became pregnant right now I would still have an abortion.” 

And that is her right, whether or not a stranger or a state legislator or a Democratic governor approves it.

[post_title] => "Happy" Accidents [post_excerpt] => [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => happy-accidents-pregnancy-parenting [to_ping] => [pinged] => [post_modified] => 2024-08-28 21:11:28 [post_modified_gmt] => 2024-08-28 21:11:28 [post_content_filtered] => [post_parent] => 0 [guid] => https://conversationalist.org/?p=4739 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )
An illustration of a woman wearing sunglasses, looking down at her stomach. In the reflection, you can see that she's pregnant.

“Happy” Accidents

WP_Post Object
(
    [ID] => 3955
    [post_author] => 2
    [post_date] => 2022-03-14 08:14:50
    [post_date_gmt] => 2022-03-14 08:14:50
    [post_content] => 

Reproductive justice combines tenets of human rights, social justice, and reproductive rights.

What is reproductive justice?

For decades, Black feminists in the U.S. have been pushing a women’s movement too often dominated by the concerns of middle-class white women to expand its horizons. In June 1994 a caucus of Black feminists pioneered the concept of “reproductive justice,” hoping to spur their fellow advocates to broaden their definition of reproductive freedom by taking into account most women’s daily lives and experiences.

Part of what they objected to was the reduction of women’s rights to a simple, one-time choice. They knew, often firsthand, that many women who become unexpectedly pregnant do not have easy access to comprehensive health care, including abortion and other reproductive services. Because many white, middle-class feminists took stable housing, decent health care, and safe neighborhoods for granted, they did not always see that a range of other rights related to women’s bodily autonomy were also in need of defending. As Dorothy E. Roberts, author and professor of law, sociology, and civil rights at the University of Pennsylvania, explained in Dissent in 2015, “The language of choice has proved useless for claiming public resources that most women need in order to maintain control over their bodies and their lives…giving women ‘choices’ has eroded the argument for state support, because women without sufficient resources are simply held responsible for making ‘bad’ choices.”

Roberts and other champions of reproductive justice believe all women have the right to opt out of parenthood entirely, to end some pregnancies and continue others, and to have as many children as they want and raise those children in safe, healthy, and nurturing environments. Loretta Ross of SisterSong, the largest multiracial reproductive justice collective in the U.S., has described reproductive justice as “the complete physical, mental, spiritual, political, social, and economic well-being of women and girls, based on the full achievement and protection of women’s human rights.” In Ross’s view, the reproductive justice framework “analyzes how the ability of any woman to determine her own reproductive destiny is linked directly to the conditions in her community.”

Those conditions are “not just a matter of individual choice and access” but include social realities like unstable housing, poverty, racial discrimination, and lack of proximity to health care facilities that provide abortions and/or prenatal care. A 2017 study found that one in five U.S. women would need to travel at least 43 miles (69 kilometers) to reach the nearest abortion clinic. Pregnant women’s and newborns’ lack of access to health care is just as crucial to address as lack of access to abortion. Pregnant women in rural areas often receive inadequate prenatal care; some rural communities do not have even one practicing obstetrician/gynecologist. Around one in four Wyoming women receive less-than-adequate prenatal care, meaning that, on average, they begin prenatal care after the fourth month of pregnancy or attend less than 79 percent of recommended checkups.

The U.S. also has a shameful record of letting women die during or around childbirth, a particularly shocking fact in such a wealthy nation. Maternal health outcomes are even worse for women of color and low-income women. The maternal mortality ratio more than doubled in the U.S. between 1999 and 2014, and Black women are approximately three times more likely to die in childbirth than white women. Stress caused by racial discrimination plays a significant role in maternal mortality rates, as does lack of proximity to hospitals providing high-quality care. Reproductive justice means ensuring that every woman has not only the right and ability to end a pregnancy, but control of her fertility, freedom from coerced or forced sterilization, adequate health care, and the ability to give birth to and raise children in a safe and healthy environment.

For the pro-choice movement to truly represent all women, reproductive justice advocates believe it must significantly broaden its demands for privacy and respect for individual choices to include, in Ross’s words, “the social supports necessary for our individual decisions to be optimally realized.” They also believe that control of one’s reproductive destiny is a human right, and that governments are obligated to protect women’s human rights by fully funding the programs required to keep them and their children healthy and safe.

Rather than focusing solely on the legal right to an abortion, reproductive justice advocates seek to work in coalition with other social justice movements, from the Movement for Black Lives to the movements for economic justice, the rights of people with disabilities, and LGBTQ rights.
Asian Communities for Reproductive Justice (ACRJ) has defined three primary frameworks for fighting reproductive oppression and furthering reproductive justice:

  • Reproductive Health - deals with delivery of services
  • Reproductive Rights - addresses legal issues
  • Reproductive Justice - focuses on movement building

Reproductive justice goes beyond efforts to safeguard abortion rights. It is not solely dependent on courts, political parties, or sympathetic politicians and physicians. It’s about empowering women and girls to make decisions not just about a particular pregnancy but throughout their entire reproductive lives. Reproductive justice can only be achieved when all women have not just the same rights on paper, but the power, freedom, and resources necessary to exercise them.

What are the principles of reproductive justice?

Reproductive justice is a broad concept, and as such it touches on a wide range of issues. The list below is not comprehensive—however, it does provide a useful framework for understanding just how multifaceted the fight for reproductive justice can be:

  • The right to remain child-free
  • The right to end one or multiple pregnancies
  • The right to free health care, including abortion
  • Easy access to every kind of health care, including abortion and other reproductive services
  • The right to raise as many children as one wants
  • The right to raise children in a safe and healthy environment
  • The right of every child to a safe and healthy home
  • The right to support a family
  • The right of all mothers, including those charged with and convicted of crimes, to see and care for their children
  • The right of pregnant women and mothers in prisons and jails to be treated in accordance with international human rights law
  • The right to nonjudgmental and medically sound health care, including abortion, prenatal care, and care for new parents and newborns
  • The right to create a birth plan honored by all health care providers assisting in a birth
  • Respect and support for essential care work performed inside and outside of the home
  • Freedom from food deserts, contaminated water, and state violence
  • Freedom from prosecution for struggling with drug addiction while pregnant
  • Freedom from forced or coerced sterilization
  • Freedom from forced or coerced abortion
  • Freedom from shame and stigma

Who coined the term ‘reproductive justice’?

After organizing an informal Black Women’s Caucus at a national pro-choice conference sponsored by the Illinois Pro-Choice Alliance in Chicago in 1994, a group of Black women social justice advocates came up with the term and defined the framework. They recognized that the mainstream feminist movement of the time, which was led by and represented the interests of middle- and upper-class white women, was not familiar with or equipped to meet the needs of women of color, trans people, and other marginalized women.

These women, who called themselves the “Women of African Descent for Reproductive Justice,” argued for a new and broader conception of reproductive freedom rooted in internationally recognized human rights standards developed by the United Nations. Advocates of reproductive justice seek to unite the struggle for reproductive rights with the fight for social justice. The women who coined the phrase published a full-page statement with over 800 signatures in The Washington Post and Roll Call to announce the birth of a new movement.

When did the reproductive justice movement start? 

Though many of the ideas behind it have existed in some form for decades, it officially began in 1994, when a group of Black reproductive rights advocates who participated in a number of national conferences in the U.S. and the International Conference on Population & Development (ICPD) in Cairo, Egypt, gathered in Chicago to pioneer a new reproductive rights framework. They hoped that framing these rights as a question of “justice” would better address both the full spectrum of women’s reproductive rights and the particular experiences and concerns of Black and/or low-income women. They shared frustrations about the status of Black women’s reproductive health around the globe and the limits of a pro-choice movement rooted in narrow notions of privacy. And they urged the larger movement to contextualize abortion care as one crucial aspect of a broader spectrum of human rights, including bodily autonomy and the full range of reproductive decision-making.

Reproductive justice combines tenets of human rights, social justice, and reproductive rights. “In Our Own Voice: National Black Women’s Reproductive Justice Agenda,” which employs a reproductive justice framework, focuses on three key policy areas: abortion rights and access, contraceptive equity, and comprehensive sex education.

How does reproductive justice relate to intersectionality?

The concept of reproductive justice is an outgrowth of intersectionality, which is itself related to the original meaning of identity politics as defined by the Black socialist feminists of the Combahee River Collective. Members of the Collective believed their identities and the various forms of oppression they experienced as members of different but overlapping groups—Black people, women, LGBTQ people, and working-class people—uniquely suited them to fight these  oppressions.

Intersectionality means that all forms of oppression are interconnected, and all people experience oppression and discrimination differently as a result of their particular identities. As the self-described “black, lesbian, mother, warrior, poet” Audre Lorde once said, “There is no such thing as a single-issue struggle because we do not live single-issue lives.” And in the words of SisterSong, “Marginalized women face multiple oppressions and we can only win freedom by addressing how they impact one another.” Reproductive justice is about recognizing, honoring, and easing the lives of all child-bearing people by fighting all forms of oppression—including racism, sexism, able-ism, anti-LGBTQ discrimination, and economic injustice—not only in isolation, but when and where they intersect.

Why does reproductive justice matter? 

Reproductive justice matters because it relates to the lives and experiences of every person capable of giving birth. By significantly broadening the lens through which most people view reproductive rights, it covers a far wider range of human experiences, is relevant to and supported by many more people, and has the potential to transform millions of lives by harnessing the collective power of various social movements—for economic justice, criminal justice reform, and civil rights, among others—that are connected but too often siloed.

Reproductive justice in childbirth

Until the mid-1800s, women in the United States managed their own birth experiences with little oversight and intervention. Abortion was common throughout the nineteenth century. It was only in the latter half of the century, when medicine became a respected profession and the American Medical Association was established, that physicians lobbied to have abortion banned. Their concern was not about the morality of abortion, but the financial and professional implications of being forced to compete with midwives and purveyors of home abortion remedies.

Tensions arose around that time, and persist today, between midwives, many of whom were trained in traditional healing practices, and formally educated and/or state-licensed physicians, nurses, and other medical practitioners. The conflict was partly between an authoritarian and patriarchal medical establishment and the women giving birth and the midwives they trusted to assist them.

Women of color, poor women, and women with disabilities typically had and have fewer choices about where and how to give birth and who may attend them when they do. Reproductive justice advocates seek to eliminate these disparities and ensure that all women can give birth safely, comfortably, in the company of their chosen attendants, and in the setting and manner of their choosing.

Reproductive justice in schools

A key aspect of reproductive justice in schools is comprehensive sex education, which can help students prevent unintended pregnancies and increase their odds of graduating.

Teenagers who are given partial or no medically accurate information about how to prevent pregnancy and/or STIs and explicitly or implicitly taught to be ashamed of their bodies and sexuality are likelier to become pregnant or cause a pregnancy—a circumstance which interrupts their educations more often than not. Students who are pregnant or parenting should not have to choose between raising children and completing their educations. They deserve time to recover after giving birth, permission to make up missed work, child care, transportation, counseling, health care, personalized graduation plans, flexible schedules, and freedom from stigma. As the novelist Toni Morrison said in a 1989 Time interview in response to a leading question ("You don't feel that these girls will never know whether they could have been teachers, or whatever?”) about teen moms, “They can be teachers. They can be brain surgeons. We have to help them become brain surgeons…That's the attitude you have to have about human life. But we don't want to pay for it. I don't think anybody cares about unwed mothers unless they're black—or poor. The question is not morality, the question is money.” The U.S. will not achieve reproductive justice until it is willing to invest the necessary resources in all of its children.

Reproductive justice in workplaces

In 2014, then Rep. Tammy Duckworth (D-Illinois), a woman of color and a veteran of the Iraq war who lost both legs in a 2004 helicopter crash, was 46, pregnant, and in her third trimester. Because her doctor had advised her not to travel at that stage of her pregnancy, she appealed to her fellow Democrats to make a one-time exception to the Democratic caucus’s ban on proxy voting so she could participate in House Democratic caucus leadership and committee member elections.

Nancy Pelosi and other House Democratic leaders denied her request. Far more disturbing than what happened to Duckworth, who went on to become a U.S. senator, is what happens to women in retail and service industry jobs on a regular basis. Employers routinely deny pregnant workers basic accommodations like access to bottled water, the ability to sit down, and extra bathroom breaks. In 2014 Bene’t Holmes, a 25-year-old single mother and Walmart employee who was then four months pregnant, asked her manager for the less physically demanding job duties her doctor had recommended. Her request was denied. The next day she had a miscarriage at work.

Reproductive justice means supporting whatever choices women make about their reproductive lives, not forcing them to choose between supporting their families and following a doctor’s advice. It means fighting to ensure both that every woman who wants to end a pregnancy can do so and that every woman who wants to continue one can do so safely and with dignity. And it means that employers and governments must support workers while they are becoming and once they have become mothers. During World War II President Franklin Roosevelt used funds from a wartime infrastructure bill to establish a national network of child care centers for women who took factory jobs to support the war effort. Despite the best efforts of mothers, social welfare groups, unions, early childhood educators, and social workers to keep them open after the war, President Harry Truman shut them down as soon as Japan surrendered. It shouldn’t take a world war for governments to meet people’s needs.

Reproductive justice in prisons

Women in many countries, including the United States, have been arrested and incarcerated for ending or attempting to end unwanted pregnancies and/or endangering fetuses, which is particularly ironic given how the state often treats incarcerated mothers. It is cruel and illogical to imprison pregnant women for possibly jeopardizing a nonexistent baby by, for example, using drugs while pregnant and to separate mothers convicted of crimes from the living children who need them. The treatment of pregnant and nursing women and/or mothers in prisons and jails, including for pregnancy-related crimes, is clearly connected to poverty, xenophobia, and racism.

In 2017, a U.S. government official denied an abortion to a teenaged immigrant detainee who was pregnant as a result of rape and said she would rather harm herself than continue the pregnancy. In 2014 a Pennsylvania woman named Jennifer Whalen was charged with a felony and three misdemeanors, including endangering the welfare of a child, and sentenced to prison after helping her 16-year-old daughter end an unwanted pregnancy by ordering the abortion pill online. Whelan, a single parent who worked as a nursing home aide, said her daughter did not have health insurance and could not afford a hospital abortion.

In 1989, officials in Charleston, South Carolina, began arresting pregnant women whose prenatal tests showed they were smoking crack. In some cases, Dorothy Roberts wrote in her 1997 book, Killing the Black Body: Race, Reproduction, and the Meaning of Liberty, RACE, REPRODUCTION, AND THE MEANING OF LIBERTY a team of police officers tracked down expectant mothers in their neighborhoods. In others, officers appeared at hospital maternity wards to haul away women in handcuffs and leg irons hours after giving birth. According to Roberts, one Charleston woman spent the final weeks of her pregnancy in a dingy cell in the Charleston County Jail. When she went into labor, she was taken to the hospital in chains, where she remained shackled to the bed throughout the entire delivery. All but one of the 48 women arrested for prenatal crimes in Charleston that year were Black. And in 1978—five weeks into a 40-year sentence, with no painkillers or sterilized medical equipment of any kind—22-year-old Debbie Sims Africa gave birth to her son Mike in a Pennsylvania prison cell. She cut the baby’s umbilical cord with her teeth, hid him under a sheet, and relied on her fellow incarcerated women to hide the noise by singing or coughing when he cried. She couldn’t keep her baby with her under jail rules and knew it would be difficult to conceal his existence for long. After three days, she told the authorities, who promptly took him away.

Reproductive justice demands that all women terminating or carrying a pregnancy, giving birth, and/or raising a child be treated like human beings in life-altering circumstances. Then President Trump signed a law banning the shackling of pregnant women in 2018. Far more remains to be done to guarantee reproductive justice for incarcerated people.

Who invented intersectional feminism?

Black feminist scholar Kimberlé Crenshaw is often credited with having coined the term in 1989, when she published a paper entitled, “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics.” In Keeanga-Yamahtta Taylor’s How We Get Free: Black Feminism and the Combahee River Collective, a collection of interviews with pioneering Black feminists, Demita Frazier, one of Taylor’s interviewees, questions that narrative. “I have to talk to the young woman—Kimberlé Crenshaw…who says that she coined the term intersectionality,” Frazier says. “I always laugh when I read that because I remember the day we were sitting at the women’s center in Cambridge, drafting our probably third or fourth draft of the [Combahee River Collective] statement, I said, ‘You know, we stand at the intersection where our identities are indivisible.’ There is no separation. We are as Black women truly and completely intact in our paradox, and there’s nothing paradoxical about oppression [laugh]” (How We Get Free, Haymarket Books, p. 123).

In the 1970s, Frazier and her fellow Black socialist feminists conceptualized identity politics as the idea that Black liberation, feminism, and the fight for economic justice didn’t have to and shouldn’t be disparate and conflicting movements; it was only by coming together to fight all forms of oppression that organizers could truly free all people. In 1977 the Collective issued a statement which proclaimed, among other things, that “work must be organized for the collective benefit of those who do the work…and not for the profit of the bosses,” but added, “We are not convinced, however, that a socialist revolution that is not also a feminist and anti-racist revolution will guarantee our liberation.”

Many of the core concepts of intersectionality can be traced back to nineteenth century figures like the abolitionist and women’s rights crusader Sojourner Truth, who wanted to be recognized for and freed from the specific indignities she had suffered as a Black woman in the United States. Truth is said to have challenged attendees of the 1851 Women's Rights Convention in Akron, Ohio, to include women like her in their conception of women’s rights: “That man over there says that women need to be helped into carriages, and lifted over ditches, and to have the best place everywhere. Nobody ever helps me into carriages, or over mud-puddles, or gives me any best place! And ain’t I a woman? Look at me! Look at my arm! I have ploughed and planted, and gathered into barns, and no man could head me! And ain’t I a woman? I could work as much and eat as much as a man—when I could get it—and bear the lash as well! And ain’t I a woman? I have borne thirteen children, and seen most all sold off to slavery, and when I cried out with my mother’s grief, none but Jesus heard me! And ain’t I a woman?”

Reproductive Justice Around the World

Defending the rights and dignity of all women often means confronting state power, as Irish women did when they took to the streets to demand the repeal of Ireland’s abortion ban in 2017 and Polish and Mexican women did when they protested their countries’ abortion laws en masse in 2020. Women in Chile, Colombia, El Salvador, and other Latin American countries followed suit in 2021. In the last decade and a half Marea Verde (Green Wave), a Latin American women’s movement, has waged “aggressive campaigns” and led mass popular protests “organized around legal action and legislative demands that center broadly on women’s autonomy and rights” that have helped liberalize abortions laws throughout the region, as reproductive rights litigation expert Ximena Casas recently explained in The New York Times.

Reproductive justice in the United States

Abortion is, for now, legal in the U.S. but heavily restricted. Women, many of whom are poor, immigrants, and/or women of color, have been prosecuted for ending pregnancies and having miscarriages. United Nations human rights monitors harshly criticized the state of Texas for a particularly draconian 2021 anti-abortion law which, they said, violated international law by endangering women’s lives and denying them the basic right to control their bodies. Melissa Upreti, a human rights lawyer tasked by the United Nations Human Rights Council with fighting to end discrimination against women and girls, characterized the law as “sex and gender-based discrimination at its worst,” adding that it has “not only taken Texas backward, but in the eyes of the international community, it has taken the entire country backward.”

The U.S. has the highest maternal death rate among developed nations. In 2018, there were 17 maternal deaths for every 100,000 live births in the U.S., which is more than double the ratio of most other high-income countries. It has far more OB/GYNS than midwives and an overall shortage of maternal health care providers of any kind relative to births. The U.S. is the only developed country that does not guarantee access to provider home visits or paid parental leave to women who have just given birth.

Government officials have sterilized thousands of U.S. women without their full knowledge or consent and required many more to have fewer children than they wanted in exchange for desperately needed financial support. These policies have disproportionately affected Native Americans, Black people, Latinas, low-income people, and people with intellectual disabilities. From 1950 to 1966, Black women in North Carolina were sterilized at over three times the rate of white women and over 12 times the rate of white men.

Reproductive justice in Canada

Inducing an abortion was a crime in Canada until 1988, when the country’s Supreme Court determined its abortion law was unconstitutional and struck it down. Abortion has since been legal at any stage in a woman’s pregnancy and is covered as a publicly funded medical procedure under the Canada Health Act, but provinces such as New Brunswick place limits on these funds. In New Brunswick only hospital abortions are covered by insurance; abortions at private clinics are not insured. As in the United States, access to abortion varies widely throughout the country. Inhabitants of many rural provinces and territories have access to only one or two providers. Canadian officials have a long and ugly history of sterilizing Indigenous women without their knowledge or consent.

Reproductive justice in India

India allows abortion during the first trimester with approval by a medical practitioner and under specific conditions, including when the pregnancy is the result of a rape and when a patient’s life or health is at risk. In cases involving severe fetal anomaly, a three-person medical board composed of a gynecologist, a pediatrician, and a radiologist must confirm the diagnosis in order for a pregnant person to access care, a requirement that is particularly difficult to fulfill outside of major cities.

Activists in India have been seeking to reform the country’s abortion laws for over a decade. In March 2020, a new set of amendments to the 1971 Medical Termination of Pregnancy (MTP) Act were introduced in parliament. Critics have suggested the proposed amendments were inadequate and not framed “within a rights-based context for a person seeking abortion.”

Reproductive justice in Poland

Poland has some of the most restrictive abortion laws in Europe. The government instituted a near-total ban on abortion in October 2020, triggering the country’s largest protests since the fall of communism. In September 2021 a 30-year-old woman named Izabela died of septic shock after doctors refused to perform a life-saving abortion. “The baby weighs 485 grams. For now, thanks to the abortion law, I have to lie down. And there is nothing they can do,” she wrote in a text message to her mother shortly before her death. “They'll wait until it dies or something begins, and if not, I can expect sepsis.”

Draconian abortion laws notwithstanding, Poland has one of the world’s lowest maternal mortality rates. Its National Health Fund, for which the vast majority of Polish residents are eligible, covers most of the costs associated with giving birth in a hospital. The government also covers uninsured women during pregnancy, childbirth, and the postpartum period. Low-income parents receive a government allowance for their first child, and parents of two or more children get around $130 per month per child. Every woman, regardless of insurance status, gets a home visit from a midwife within days of giving birth. The Health Ministry guarantees a woman's right to choose the place and method of birth, decide who is in the delivery room, and be with her newborn for at least two hours after giving birth.

Reproductive justice in El Salvador

Latin American women, particularly in El Salvador, have served decades-long prison sentences for having miscarriages the authorities claimed were self-induced. El Salvador is one of four countries in Latin America with no-exceptions abortion bans. In 2021, the authorities freed three Salvadoran women who were sentenced to 30 years in prison for what the authorities claimed were self-induced abortions. A fourth woman was released in 2022. In 2021, the Inter-American Court of Human Rights found El Salvador responsible for the death of a Salvadoran woman sentenced to 30 years in prison for aggravated homicide after losing a pregnancy in 2008. The woman, who had two children, died of cancer in prison two years later, partly as a result of inadequate medical care. Among other reforms, the Court ordered El Salvador to tighten regulations governing doctor-patient confidentiality and, in a ruling that applies to countries throughout Latin America and the Caribbean, ruled that health care providers can no longer report women seeking abortion care and other reproductive services to law enforcement.

Reproductive justice in Ghana

In 2022, Ghana’s national health insurance program expanded to include free long-term contraception with the goal of sparing millions of women already covered by the country’s national health insurance program from paying out-of-pocket costs for effective long-term contraception. Ghana has high maternal mortality rates—its maternal mortality ratio is 308 per 100,000 live births—high rates of sexually transmitted infections, and low levels of contraceptive use. Women in rural communities have a particularly hard time accessing birth control and other reproductive health care services. Abortion is still a criminal offense in Ghana, with exceptions in cases of rape, incest, serious fetal anomaly, and/or risk to the woman's health. Around 22–30 percent of maternal deaths in Ghana are thought to be the result of unsafe abortions.

A few last words on reproductive justice

In the last 25 years, reproductive justice advocates have worked to broaden the view of an occasionally myopic pro-choice movement overly focused on electing Democrats and pressuring sympathetic administrations to appoint liberal justices to the U.S. Supreme Court. Having a Democrat in the White House and a more liberal Supreme Court does make it likelier that American women will retain certain rights. But it would profoundly improve the lives of all U.S. women, and women and people capable of giving birth around the world, if governments treated control over one’s reproductive and family life as a fundamental human right, rather than a privilege reserved for those with the means to obtain needed services.

“Every child a wanted child” has long been a credo of the pro-choice movement. Reproductive justice seeks to take this laudable goal several steps further by challenging us to build a world in which every child is not only “wanted” by its parents at birth, but well provided for. It offers a path to creating societies that truly honor life by treating all who are capable of creating it, and every person born, as worthy of love, respect, and care—and investing our collective resources accordingly.

[post_title] => A beginner's guide to reproductive justice [post_excerpt] => Reproductive justice combines tenets of human rights, social justice, and reproductive rights. [post_status] => publish [comment_status] => closed [ping_status] => open [post_password] => [post_name] => a-beginners-guide-to-reproductive-justice [to_ping] => [pinged] => [post_modified] => 2024-08-28 21:14:02 [post_modified_gmt] => 2024-08-28 21:14:02 [post_content_filtered] => [post_parent] => 0 [guid] => https://conversationalist.org/?p=3955 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

A beginner’s guide to reproductive justice

WP_Post Object
(
    [ID] => 3629
    [post_author] => 2
    [post_date] => 2021-12-21 19:53:03
    [post_date_gmt] => 2021-12-21 19:53:03
    [post_content] => Pro-choice Americans need to stop deferring to institutions that don't represent them and start organizing. 

I was 15 in October 1998 when an anti-abortion zealot murdered Dr. Barnett Slepian, a doctor who performed abortions in my hometown of Buffalo, New York. A married father of four, Dr. Slepian had just returned home from his synagogue, where he’d attended a memorial service for his father. It was a Friday evening and he was standing in his kitchen heating split-pea soup in the microwave when the sniper hiding in his backyard shot him in the chest.

I did not know Dr. Slepian, but my family knew people who did. I also knew that two of his young sons were in the room when he was shot. That detail haunted me the most. My father is not a doctor, but he is a kind, caring, socially conscious Jewish man who believes strongly in a pregnant person’s right to end a pregnancy. I adore my father and the thought of two children younger than I was at the time witnessing the sudden, violent death of theirs was hard to bear. Even at 15 I knew that Dr. Slepian’s life had been a full one cut brutally short—one on which many other people, including his children, had depended. What he did with it helped fully formed adult women live theirs. It was the first time I realized that caring for vulnerable women could get you killed.

The U.S. Supreme Court is, following its December 1 hearing about the legality of Mississippi’s most recent abortion ban, widely expected to overturn or gut Roe vs. Wade, the landmark 1973 ruling that formalized a pregnant woman’s human right to end her pregnancy. For nearly 50 years, Roe has prevented states from banning abortion at any time before fetal viability outside the womb. This suggests (a) that a woman has more rights than an incubator; and (b) that a person who exists—one with hopes, dreams, relationships, and obligations—matters more than one who does not.

Reversing or substantially weakening Roe would flip that formula and reduce women from fully fledged people to single-purpose objects. It would make obtaining an abortion a dangerous, degrading, and difficult-to-impossible undertaking for millions of women. At least 21 states will ban or severely restrict abortion virtually overnight if the Court dismantles Roe. Those who believe that forcing a woman to undergo pregnancy and labor against her will is a uniquely misogynistic form of torture are understandably alarmed. A right that’s been under threat for decades is still a right. Abortion bans harm women and their children and terrorize anyone who tries to help them. Overturning Roe would restructure American society for decades to come by forcing into existence millions of children, many of whom will not be adequately cared for.

As a result of laws and policies that limit or ban access to medical terminations, women in the U.S. and parts of Europe are today in greater danger of being prosecuted, punished, or allowed to die horribly from being denied an abortion than they are of being harmed by the procedure itself.

Shockingly, the prevailing response from legacy media outlets in the U.S. has been terrifyingly passive and fatalistic—heavy on doom and gloom and light on practical solutions. Pro-choice voters are being told what we have been told in every election cycle since at least the 1980s: that our most fundamental rights are hanging in the balance and voting has never mattered more. Rarely do liberal columnists remind faithful Democratic voters that our loyalty has been rewarded with the most reactionary Court and the direst threat to Roe in decades. House Democrats did manage to pass a bill in late September that would enshrine the protections guaranteed by Roe in federal law. But thanks to antiquated procedural rules like the filibuster, which President Biden and Democratic senators Joe Manchin and Kyrsten Sinema have been reluctant to eliminate, there’s virtually no chance of passing it in the Senate. Despairing references to The Handmaid’s Tale and the fact that women will soon be legally reduced to “vessels” abound.

This despair is often cloaked in gallows humor, and there is a dark comedy to the whole situation: imagine living in a country where women can do anything—vote, live alone, drive a car, buy a house, get a divorce, become a Supreme Court justice—and still be forced to carry a pregnancy to term, despite the availability of pills that can safely and easily end an early pregnancy in the privacy of one’s home. The most privileged women are the least likely to be denied this right. Women of means, who are used to living freely, will continue to do so. Those who lack money, child care, the ability to travel, supportive partners or family, understanding bosses, and/or other forms of support will suffer even more. But what can we do? First Trump, then the confirmation of Brett Kavanaugh, then COVID, then Amy Coney Barrett, and now this. Given that the right controls the Court, we’re basically doomed, the thinking seems to go. Now get out there and vote Democratic in the midterms!

It’s time to acknowledge that this playbook has failed women for decades. If I were a theist I would consider freedom from forced pregnancy and labor a God-given right, as many deeply religious people do. Just as Black people have always been full human beings with inalienable rights to life and liberty, regardless of what the Court has, at various times, decreed, those with the power to bring forth life have an inherent right to decide whether and under what circumstances to use it. These rights cannot be revoked by judicial fiat; we should stop behaving as if they can. Six judges cannot strip us of a right that exists whether or not they recognize it.

Anyone serious about defending the rights and dignity of all women needs to stop mourning and start confronting state power, as Irish women did in 2017 and Polish and Mexican women did in 2020, and as women in Chile, Colombia, El Salvador, and other Latin American countries did in 2021—in response to far graver threats to their humanity. Even in the U.S., where abortion is restricted but legal, women have been prosecuted for ending pregnancies and having miscarriages. Latin American women, particularly in El Salvador, have served decades-long prison sentences for having miscarriages the authorities claimed were self-induced. Over the last decade or so Marea Verde (Green Wave), a Latin American women’s movement, has helped liberalize abortion laws throughout the region “with aggressive campaigns and mass popular protests organized around legal action and legislative demands that center broadly on women’s autonomy and rights,” as reproductive rights litigation expert Ximena Casas recently explained in The New York Times.

The pro-choice movement in the United States is comparatively piecemeal and diffuse, given the country’s size and diversity, and far less effective than it should be. The 2017 Women’s March, which was described at the time as the largest single-day demonstration in U.S. history, was the last time U.S. women protested sexist oppression en masse. But while I saw plenty of signs referring to abortion rights, the women’s march was not specifically or exclusively about reproductive justice; it was a general expression of rage at Trump’s election. The largest abortion rights demonstration in the U.S. in the last 20 years was the April 2004 March for Women’s Lives, which drew hundreds of thousands of people (organizers put the number at over a million).

There will almost certainly be large street protests in June, when the Court is expected to issue its response. But we cannot wait until then to defend these rights. “I think it's going to mobilize people to go to the polls,” Democratic Rep. Pramila Jayapal recently said, referring to the impact the Court’s expected ruling could have on the 2022 midterms. “You will see an outcry like you've never seen before.” About seven months after the 2004 march, George W. Bush, whose policies had prompted it, was reelected by a clear margin, winning with over three million votes more than his Democratic rival, John Kerry.

In other words, while anger motivated American women to show up for a large demonstration, it did not drive them to sweep Bush out of office or defend abortion rights against further attack. This is partly because U.S. women’s attitudes toward abortion do not differ substantially from men’s; pro-choice Americans, including men, need to defend these rights more vigorously. Voting is not enough. U.S. voters swept Trump out of office in 2020, but only after he had packed the Court with far-right ideologues. And in the absence of major structural reforms—expanding or abolishing the Supreme Court, eliminating the filibuster and passing federal voting rights legislation, amending the Constitution, abolishing the Senate—which many organizers are demanding but the Democratic Party has so far been unwilling to do, we cannot vote our way out of the devastation that will result if Roe is gutted.

There are a number of ways to help:

Although medication abortion has been approved by the U.S. Food and Drug Administration for over 20 years, the agency continues to restrict one of the medications, mifepristone, for reasons that have more to do with politics than safety. According to Carrie N. Baker, who chairs the American Studies department and teaches courses on gender, law and public policy at Smith College, abortion medications are “safer than Tylenol” and “six times safer than Viagra,” which is commonly prescribed and easy to purchase online. “The Supreme Court doesn’t get the last word on this,” Brown told me by phone. She mentioned the abortion rights bill Democrats passed in the House and could, in theory, pass in the Senate. “Technology has outstripped the anti-abortion strategy,” she added. Women in countries that criminalize abortion have known for years how to end pregnancies safely; according to Brown, pharmacy techs in Brazil discovered that misoprostol could be used to induce abortion when they were warned not to handle the drug while pregnant. “There’s never been a better time to have an at-home abortion than now,” Brown said. “In the 1960s we faced butchery, and that is completely unnecessary at this stage because the pills are widely available overseas.” The FDA suspended rules barring doctors from mailing the abortion pill to patients due to COVID. On December 16 the agency announced that it would allow doctors to send the pill by mail on a permanent basis—a victory for groups like the American Civil Liberties Union, which challenged the restrictions in court, and one that will enable many more doctors to prescribe the drugs and many more women to order them online and receive them by mail. But over a dozen Republican-controlled states have already passed laws restricting access to the pills, including by outlawing delivery by mail. A Texas law that went into effect on December 2 bans prescribing abortion pills online and mailing them to patients in the state. Providers who break it could be jailed or fined up to $10,000. Regardless of how the Court rules, women will keep getting abortions, as they did before and after abortion was criminalized in the U.S. and before Roe. There will be protests and marches and underground networks and sympathetic providers willing to break what they know to be unjust laws. Those who refuse to be bullied into abandoning their patients will be threatened, prosecuted, jailed, or worse. That is why we cannot afford resignation or childlike deference to institutions that have outlived their usefulness, like the Supreme Court. An unelected, unrepresentative, and thoroughly politicized entity willing to endanger pregnant women, their children, and abortion providers has no moral authority. We are not vessels or chattel; we are people, with lives as real and complicated and meaningful to our families and communities as those of any other human being. Reactionary judges are not just threatening choice or women’s health care or a specific medical procedure; they are calling into question our fundamental humanity. There is no reason, especially in the age of the abortion pill, to sit back and let them. There will always be disagreement on the morality of abortion. But the personhood of women and those who care for them is not up for debate. [post_title] => Women are people, no matter what the Supreme Court says [post_excerpt] => Anyone serious about defending the rights and dignity of all women needs to stop mourning and start organizing. [post_status] => publish [comment_status] => closed [ping_status] => open [post_password] => [post_name] => women-are-people-no-matter-what-the-supreme-court-says [to_ping] => [pinged] => [post_modified] => 2024-08-28 21:14:02 [post_modified_gmt] => 2024-08-28 21:14:02 [post_content_filtered] => [post_parent] => 0 [guid] => https://conversationalist.org/?p=3629 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw )

Women are people, no matter what the Supreme Court says

WP_Post Object
(
    [ID] => 3287
    [post_author] => 2
    [post_date] => 2021-10-14 14:28:27
    [post_date_gmt] => 2021-10-14 14:28:27
    [post_content] => Women shouldn’t need a 'good' reason to end a pregnancy.

Texas’s shockingly cruel new abortion law bars abortion once cardiac activity can be detected in the embryo, typically around the sixth week of pregnancy. Notably, it also allows any US citizen to sue any person who performs or otherwise “aids and abets” a prohibited abortion. The law has few defenders in the mainstream press. Jennifer Rubin, a conservative columnist for The Washington Post noted its “viciousness.” The New York Times’ Michelle Goldberg described its “sinister brilliance.” Rebecca Traister of New York Magazine decried its “ugliness.”

By deploying private citizens to subjugate the vulnerable, the law evokes the worst of the United States’ not-so-distant past. In the mid-nineteenth and early twentieth centuries, for example, doctors and police officers demanded that women dying of botched abortions name the provider. During the eighteenth and nineteenth centuries, mercenaries made their living by hunting down escaped slaves and returning them to bondage in exchange for a bounty. Some Americans have always been willing to work for or in lieu of law enforcement to catch, punish, and profit from those they or the state deem criminals based on deeply ingrained notions, rooted in systemic racism and sexism, of who is and isn’t a rational, capable human being.

Abortion was common in the United States throughout the nineteenth century. It was only in the latter half of the century, when medicine became a respected profession and the American Medical Association was established, that physicians lobbied to have abortion banned. Their concern was not about abortion’s morality, but about the financial and professional implications of being forced to compete with midwives and purveyors of home abortion remedies.

As ugly as the Texas law is on its own, many of its opponents are attempting to fight it by invoking the worst-case scenarios. A number of commentators have cited the case of a 13-year-old Texas girl who became pregnant after her grandfather raped her; the law grants no exceptions for pregnancies resulting from rape or incest. Few would argue that a 13-year-old rape victim should be forced to carry and give birth to her grandfather’s baby; that is why, even in Texas, the girl in question was able to end her pregnancy, albeit only after traveling hours from her small town to a clinic in Houston (this was a few months before the new law went into effect). People in extreme circumstances related to pregnancy—victims of rape and incest, women carrying fetuses with severe abnormalities, those who might die if they give birth—deserve support, compassion, and access to modern medicine, including abortion. But only a small minority of women seek abortion for those reasons.

The most common reasons women give for seeking abortions in the United States are the least shocking. According to data gathered from 2008 to 2010, 40 percent said they were “not financially prepared” to have a child. Thirty-six percent cited “bad timing,” “unplanned,” or “not ready.” Nearly a third (31 percent) cited reasons related to the person who caused the pregnancy—e.g., he was unsupportive, abusive, and/or didn’t want to be involved. Twenty-nine percent of abortion patients said they needed to focus on caring for the children they already had. Most gave not just one but several reasons for ending their pregnancy. By evoking only the extremes, activists risk creating a sense that some women are more or less “deserving” than others of abortion access.

Americans, including those who believe abortion should remain legal, are accustomed to weighing the relative moral acceptability of these reasons. They might sympathize with a terrified 15-year-old who gets pregnant the first time she has sex, but think a 36-year-old woman who didn’t use birth control and got pregnant from a one-night stand should have known better. Most rights are not absolute; they can be and often are restricted. But once a society recognizes that a right exists, it is not contingent on whether others approve of how it is exercised. That’s why proponents of free speech, particularly in the United States, often cite biographer Evelyn Hall’s summary of Voltaire’s philosophy: “I disapprove of what you say, but I will defend to the death your right to say it.”

Katie Watson, a lawyer and bioethicist who teaches at Northwestern University, sympathizes with advocates who focus on extraordinary cases. “Legally, you always pick the most sympathetic plaintiff for your case, and rhetorically, we often want to lead with our strongest examples,” she explained over the phone. “That’s narrative structure and that’s storytelling and that's litigation.” What concerns her is “the repetition damage…when those become the only stories that we tell, they skew our vision and our understanding of what life is really like. And starting with bad facts leads to bad policy.”

The result, said Watson, is that “the cases we discuss the most are the cases that happen the least.” She added: “When we focus exclusively on those—we unwittingly contribute to that dichotomy between good abortions and bad abortions—or deserved abortions and shameful abortions.”

Shifting attitudes toward divorce and the liberalization of divorce laws are a useful comparison. Divorce was once a very controversial issue in the United States. Until “no fault” divorce became the norm in the 1970s, the laws of most states required a woman petitioning for a legal end to her marriage to prove that her husband had committed adultery, abused her, or abandoned her. As of 2017 most Americans (73 percent), including a slim majority (51 percent) of the “very religious,” considered divorce morally acceptable. This, despite the fact that between 22 and 50 percent of people who obtain a divorce, regret having done so.  By comparison, 84 percent of women polled five years after having an abortion report feeling either positive or neutral about their decision. Few Americans, however, would advocate forcing people to stay married.

Despite the popular stereotype of those who get abortions as young, immature, and/or careless, most people who undergo terminations in the United States are not only adults, but parents. In 2014, 59 percent of abortions were obtained by women who already had at least one child. Only 12 percent were teenagers; those younger than 15 accounted for only 0.2 percent. The vast majority of people who undergo an abortion procedure are neither tricked nor pressured into ending their pregnancies. Only about 1 percent reported seeking a termination because somebody else, usually a parent or a partner, wanted them to. Most people who seek abortions know their own needs, desires, and limitations, and can imagine—or are already well aware of—the physical, psychological, and literal cost of bringing a child into being.

If a woman can choose to join the military, get married, or end a marriage—all potentially life-changing decisions—she can decide to end a pregnancy. As Watson argued in her 2018 book Scarlet A: The Ethics, Law and Politics of Ordinary Abortion, “We should be able to acknowledge the complexity of private decision making without threatening the right of private decision making.”

According to Watson, it’s no surprise, and no problem, for members of a large, diverse, and pluralistic society to have a range of views on abortion. That’s why, in defending abortion rights, she thinks it’s crucial to rely on the politics of respect rather than the politics of sympathy. “The politics of sympathy say, ‘You get to have that abortion because I feel sympathetic to you,’” she explained. “It puts the listener or the voter in the position of judge.” By contrast, “the politics of respect say, ‘I may or may not agree with her decision or like it, but she is a moral agent with a brain and a heart and she is the one who's going to live with the consequences of whatever decision she makes, whether to have a child or not…I respect her decision-making rights and her decision-making capacity and her decision-making authority, even if her moral frameworks are different than mine.’” The latter, Watson said, focuses on the pregnant person, whereas the former focuses on “the person offering the opinion or the vote.”

There are places in the world where abortion is not only safe, legal, and unremarkable, but also considered a basic human right. Five years ago, when my mother was on a group tour of Iceland, another American woman on the tour referred to then President Obama as a “baby killer.” My mother defended Obama and asked the Icelandic tour guide what she thought. “In this country,” the guide replied carefully, “Women are considered equal citizens, so abortion is not really an issue.”

That attitude is not limited to Nordic countries. People in many industrialized nations around the world see abortion rights as inseparable from the human right to self-determination. In Ireland, which legalized abortion by a wide margin following a 2018 referendum, the government heralded the right to abortion as a welcome sign that the country had finally joined modern society. “The people have spoken,” declared then Prime Minister Leo Varadkar. “They have said we need a modern constitution for a modern country.”

Meanwhile, when the Polish government implemented draconian abortion restrictions last year, they sparked the country’s largest protests since the fall of communism. As one protester told Reuters, “I want us to have our basic rights…the right to decide what we want to do and if we want to bear children and in what circumstances to have children.”

Melissa Upreti, a human rights lawyer tasked by the United Nations Human Rights Council with fighting to end discrimination against women and girls, characterized Texas’s law as “sex and gender-based discrimination at its worst” and a clear violation of international law, adding that it has “not only taken Texas backward, but in the eyes of the international community, it has taken the entire country backward.”

Based on the means many abortion opponents have employed to limit access to the procedure—e.g., picketing clinics and shaming women as they enter, murdering and threatening abortion providers, and now passing a law that empowers ordinary citizens to be vigilantes and bounty hunters—it seems obvious that their concerns are not about the sanctity of “life” but about controlling and humiliating pregnant people.

Abortion opponents detest the slogan, “My body, my choice.” So do I—not because it invokes bodily autonomy, but because the “choice” framework is trivializing, and falsely implies that all choices are equal. The choice to bring a human being into existence is far graver and more permanently life-altering than the decision not to. Forcing a woman to endure pregnancy and labor against her will is an act of brutality with lifelong consequences for her and any children for whom she is responsible. In defending the Texas law, Ohio Republican Senate candidate J.D. Vance falsely asserted that it’s about “whether a child should be allowed to live” and “not whether a woman should be forced to bring a child to term.” But that’s precisely what it is. And that kind of torture cannot be justified by the victim’s capacity to bring into being a child who doesn’t yet exist.
    [post_title] => In defense of ordinary abortion
    [post_excerpt] => People in extreme circumstances related to pregnancy—victims of rape and incest, women carrying fetuses with severe abnormalities, those who might die if they give birth—deserve support, compassion, and access to modern medicine, including abortion. But only a small minority of women seek abortion for those reasons.
    [post_status] => publish
    [comment_status] => closed
    [ping_status] => open
    [post_password] => 
    [post_name] => in-defense-of-ordinary-abortion
    [to_ping] => 
    [pinged] => 
    [post_modified] => 2024-08-28 21:11:29
    [post_modified_gmt] => 2024-08-28 21:11:29
    [post_content_filtered] => 
    [post_parent] => 0
    [guid] => https://conversationalist.org/?p=3287
    [menu_order] => 0
    [post_type] => post
    [post_mime_type] => 
    [comment_count] => 0
    [filter] => raw
)

In defense of ordinary abortion

WP_Post Object
(
    [ID] => 3175
    [post_author] => 2
    [post_date] => 2021-09-14 21:51:25
    [post_date_gmt] => 2021-09-14 21:51:25
    [post_content] => Packed with far-right radicals during the Trump presidency, the Supreme Court is well-positioned to overturn Roe v. Wade.

In several articles written over the past few years, I have warned readers that a United States Supreme Court illegitimately packed with far right-wing Christian justices might overturn Roe v. Wade, the 1973 decision that established a constitutional right to abortion by locating a right to privacy in the Fourteenth Amendment’s due process clause. Quite a few pundits have long since dismissed this possibility, suggesting not only that Roe was settled law, but also, cynically, that the Republican Party needs Roe v. Wade as an ongoing campaign issue to play to its white Christian base and would thus never allow it to be overturned. But these pundits are, for the most part, not informed by intimate lived experience of the Christian right, so they underestimated the power of its zealotry.

In one sense only, they might nevertheless be proven correct. If the Supreme Court’s majority of conservative justices decides not to explicitly overturn Roe—because they want to avoid the fallout that would come from officially taking away a constitutional right, while still de facto ending that right—they will only be able to do so because the five most radical justices have already rendered the case a dead letter. “The Supreme Court ended Roe v. Wade,” wrote constitutional lawyer Andrew Seidel on September 2, a day after the court allowed Texas’s brutal Senate Bill 8 (SB8) to go into effect. The so-called “Texas Heartbeat Law” is deceptively named, given that electric activity is detectable in a fetus before an actual heart has formed. The scientifically inaccurate, rhetorically charged language of “unborn child” is also used throughout the legislation’s text.

Texas’s SB8 bans abortion after six weeks, which is only two weeks after it’s even theoretically possible for most women and trans men to know that they’re pregnant. In an even more twisted move, the law incentivizes abortion bounty hunting, empowering private citizens to receive at least $10,000 by suing not only abortion providers, but also anyone who “knowingly engages in conduct that aids or abets the performance or inducement of an abortion.” By crafting the law to provide for private enforcement without creating a mechanism for state enforcement, the legislators behind Texas’s law hope to insulate the state from legal action that might prevent the unconstitutional legislation from going into effect. Thanks to the right-wing partisan makeup of both the Fifth Circuit Court of Appeals and the post-Trump Supreme Court, the tactic worked.

When Texas passed SB8, a coalition of women’s health clinics and funders promptly sued, pointing to its immediate harm; the law would effectively halt safe and legal abortions in Texas. A district court scheduled a preliminary injunction hearing that could have stopped the law from going into effect while litigation proceeded, but the defendants immediately appealed to the Fifth Circuit, where a three-judge panel featuring two Trump-appointed judges halted that process. The Supreme Court then failed to rule on the Fifth Circuit’s decision, allowing the law to go into effect at midnight on September 1. On September 10, the same Fifth Circuit panel ruled that state officials are immune from legal action against SB8 because “S.B. 8 emphatically precludes enforcement by any state, local, or agency officials.” Legal maneuvering will continue, including a suit to block the law brought by the Biden Administration’s Department of Justice; in the meantime, Texas’s essentially theocratic law will remain in effect.

Andrew Seidel, who is Director of Strategic Response at the Freedom from Religion Foundation, told The Conversationalist matter-of-factly that “in a normal world, with an apolitical judiciary,” the “one weird trick” employed by Texas Republicans to ensure SB8 went into effect would not have worked. “Normally, when a constitutional right is so clearly and obviously threatened, the judiciary preserves the status quo before that threat can be realized,” he said. This is what the district court was in the process of doing before it was overruled. “Courts don’t typically allow monumental shifts in constitutional rights to occur without a full hearing first.” The Fifth Circuit thus violated longstanding norms with its decision.

“The court is basically saying if you want to challenge this law, someone needs to sue to collect the bounty,” summarized Seidel. In his opinion, this is “absurd, because 90 percent of abortions in Texas have stopped.” Because no abortion provider will risk a lawsuit, said Seidel, the “right to bodily autonomy has been gutted” in Texas. The legislation, he added, amounts to de facto “mob rule over the womb.” There are, undoubtedly, authoritarian Christian zealots who are eager to sue, backed by the deep pockets and organizational prowess of the far right. Already in July, in anticipation of SB8 going into effect, the extremist anti-choice organization Texas Right to Life created a “prolife whistleblower” website through which users could snitch anonymously on abortion providers or those who “aided and abetted” any Texan seeking abortion care.

Tech-savvy teenagers led a recent campaign, organized primarily on TikTok, to inundate the site with false and nonsensical reports in the hope of overwhelming those behind it, preventing them from using the information to do harm. Seemingly as a result of all the buzz, the internet hosting service GoDaddy declared the site in violation of its terms of service. Since a new service willing to host the site has not yet been found, the site’s URL currently redirects to the Texas Right to Life homepage.

But what of the Supreme Court’s role in allowing SB8 to stand, effectively giving the green light to abortion vigilantism? Without hearing any arguments on the case, the high court allowed SB8 to go into effect by denying, in a single paragraph, an emergency request from the Texas plaintiffs to stop it. This non-transparent action is an example of the court using what is often referred to as “the shadow docket.” Imani Gandy, Senior Legal Analyst at Rewire News, explained that the term is one “court watchers use to refer to the sort of docket behind the docket.” Unlike the regular docket, which Gandy describes as “a public-facing schedule of the court’s business,” the shadow docket refers to the court’s use of emergency procedures allowing it to take action in a case without the presentation of arguments from the parties.

The shadow docket, explained Gandy, is “a break from normal procedure,” in that its justices hand down decisions quickly and with little explanation. By contrast, normal procedure takes about a year from the submission of documents through presentation of oral arguments before the high court, to the rendering of a decision that involves the release of detailed, signed opinions. In this case, Gandy said, “What Texas did is essentially nullify Roe in the span of two weeks,” a fact that she calls “remarkable.” In her view, the Supreme Court behaved very strangely in allowing SB8 to take effect while the lower courts are still litigating its legality. “What the court should have done,” Gandy said, “is looked at this blatantly unconstitutional six-week ban and said we’re going to enjoin enforcement of this law by anybody until we can figure out what’s going on with this new private enforcement mechanism that Texas has cooked up.”

Gandy called this “unacceptable judicial procedure” because of the non-transparent way in which “it allowed the Supreme Court to do what we had been afraid the Supreme Court was going to do, but without showing its work,” which Gandy objects to as “underhanded dealing outside the view of the public.” The high court did not explain “why it believes that this six-week ban may be constitutional, or at least constitutional enough to go into effect in Texas while the constitutionality of the law is being litigated,” she said. Instead, the court simply unleashed right-wing Christian culture warriors to harass vulnerable Texans in a devastating way, in addition to giving a tacit greenlight to other Republican-controlled states to pass similar bans.

The Supreme Court might still officially overturn Roe. In Gandy’s view, the court’s action in the Texas case “signals that Roe is very much up for grabs” in a Mississippi abortion ban case the court has also agreed to hear. But whether the court overturns this major precedent or not, the federally protected right to abortion care is effectively dead. Same-sex marriage and access to contraception will probably also take their turns on the judicial chopping block.

Asked what citizens can do to fight back against this brazenly partisan judicial activism and overreach, Seidel did not equivocate. “Whatever chaos reigns over the next few months, we are coming to a point where Roe v. Wade is dead and buried. The DOJ can get involved, Congress can pass the Women’s Health Protection Act, and those things should happen, but this court is still going to get a final say on all of it.” The only solution that might have a lasting impact, Seidel said, was to expand the federal courts. “Trump, McConnell, and the Federalist Society packed the courts. They’re gone for a generation. That is the underlying problem that we need to solve.”

If we fail to restore fairness, America almost certainly faces a future of minority authoritarian rule. As Max Fisher recently laid out in The New York Times, the state of women’s rights in a country tends to be a good indicator of how democratic or authoritarian it is. Where women’s rights are expanding, an overall process of democratization is generally taking place. And where women’s rights are contracting, so are democratic norms and freedoms. Only three countries have curtailed abortion rights since 2000. Two of them are Nicaragua and Poland. The other is the United States of America.
    [post_title] => 'Mob rule over the womb': the Texas abortion law is a huge win for the Christian right
    [post_excerpt] => Rolling back the right to abortion was never just a slogan for the Christian Right. It was always the end game, and remains so.
    [post_status] => publish
    [comment_status] => closed
    [ping_status] => open
    [post_password] => 
    [post_name] => mob-rule-over-the-womb-the-texas-abortion-law-is-a-huge-win-for-the-christian-right
    [to_ping] => 
    [pinged] => 
    [post_modified] => 2024-08-28 21:15:12
    [post_modified_gmt] => 2024-08-28 21:15:12
    [post_content_filtered] => 
    [post_parent] => 0
    [guid] => https://conversationalist.org/?p=3175
    [menu_order] => 0
    [post_type] => post
    [post_mime_type] => 
    [comment_count] => 0
    [filter] => raw
)

‘Mob rule over the womb’: the Texas abortion law is a huge win for the Christian right

WP_Post Object
(
    [ID] => 3172
    [post_author] => 2
    [post_date] => 2021-09-14 21:49:04
    [post_date_gmt] => 2021-09-14 21:49:04
    [post_content] => If your internal organs are open to legislation you are not free.

On September 1 Texas enacted a law effectively banning abortion after six weeks of pregnancy, dealing a body blow to the physical autonomy of half the population. In a new and vicious twist, the law incentivizes Texans to report anyone who’s had an abortion, performed or assisted someone in obtaining an abortion, or merely “intends to engage in the conduct”—even if the pregnancy resulted from rape or incest—by offering them $10,000.

Much of what can be said about the law, TX SB8, has been said: It’s flatly unconstitutional; other states will use it as a template; it won’t stop abortion in Texas, only safe abortion; requiring survivors of rape and incest to carry to term pregnancies resulting from their violation is abhorrent; the law’s effect will be to deepen poverty, immiserate lives, and ruin the health of countless Texans, some of whom will no doubt die.

The Texas law is shocking and brutal. It is also a logical step in the steady, years-long erosion of reproductive rights across the United States. The patchwork of legislation, regulation, and flat out lies has done half the work simply by making abortion access confusing, chaotic, and difficult. With all the will in the world, the very young, the very poor, and the deliberately misinformed often see their luck and time run out; and where that doesn’t work, there’s always violence or the threat of violence to keep them away from abortion clinics. The goal, however, has always been not chaos but exquisite clarity: legal abortion, eliminated.

In the 48 years since the Supreme Court ruled that “a woman's decision whether or not to terminate her pregnancy” falls under the rubric of the 14th Amendment’s definition of privacy, the abortion argument has been presented as a binary: “life” and “choice”—i.e., between carrying a pregnancy to term or choosing a termination. Anti-abortion activists accuse those who support the right to choose of murderous intent and licentiousness; we respond with tales of medical necessity and sexual assault. “Abortion is healthcare!” we shout—because it is. Occasionally we add that “women’s rights are human rights!”—because they are, but it’s only there, with that last rallying cry, that we begin to approach the true essence of the argument.

In a democracy, individual rights and freedoms— “to life, liberty, and the pursuit of happiness,” for instance—are the presumed foundation on which civic life is constructed. I would submit, however, that if your internal organs are open to legislation, you are, manifestly, not free.

Roughly half of all Americans, as a class and by virtue of the organs with which they were born, are judged not to have the bodily autonomy inalienable to the other half. Should anyone in that class happen to find themselves in a physical state that precludes fertility—whether youth, age, or any other physiological limitation—that fact reflects freedom  bestowed solely by fortune’s vicissitudes. Dodging a bullet doesn’t mean there was no gun. Either your body is yours to command—or it isn’t.

Some have recently appropriated the mantra of “my body, my choice” to different ends, however, so this last point bears further clarification: Much as “Blue Lives Matter” is a spurious hijacking of the ideas animating the Black Lives Matter movement, so too is the suggestion that government-mandated vaccinations are the moral and legal equivalent of government-mandated third-party control of one’s reproductive organs. A police officer can discard the uniform; an anti-vaxer can make choices—however onerous or unpleasant—to avoid vaccination. But neither skin color nor anatomy can be discarded or sidestepped.

The need to police that dividing line informs moral panics past and present surrounding not just women in society but also the visible existence of anyone in the LGBTQ community. This is particularly the case for those who identify as trans or nonbinary. If our relative humanity and relative position to power are determined by our internal organs, I really need to know which ones you have.

All of this is true no matter where you live or under what system of government; human rights are inherent to all humans and can’t be granted, only honored or violated. Yet for half the citizens of a democracy to be fighting, still, for the most basic liberty in their own persons is particularly striking. Were we all created equal? Or are people born in male presenting bodies more equal than others?

TX SB8 at least does us the favor of stripping away any pretense of the former. By cutting off access at six weeks, far too early for the vast majority of people to know if they’re pregnant, and failing to allow exceptions for rape or incest, behind which “moderates” have long been able to hide, the law clears up any ambiguity about who owns your ovaries. It’s not you.

But while this law is the work of the Texas GOP, it’s crucial that we consider not just the actions of Republicans. The “moderates,” across the political spectrum, have also been instrumental in bringing about this dark day.

I’ve been a Democrat and activist for women’s rights since before I could vote. My party has been bartering with and chipping away at my rights and freedoms for my entire life—usually, but not always, in the name of a “Big Tent” or “bipartisanship.” Misogyny is foundational not just to the GOP but to all of American society. It is the very definition of systemic.

Misogyny expresses itself in many ways but is at base a supremacist ideology; as with any supremacist ideology, it posits a strict dichotomy: There are those to whom power naturally inheres, who may act, and those who are, by nature, acted upon.

Open rejection of cisgender heterosexuality, gender binaries, or the inherent right of men to act on the lives of women threatens the power structure on which society rests, which is why so many citizens of a purported democracy are still struggling to attain the rights that cis, straight men take for granted—and that’s before we factor in the realities of race in America. As a white, upper-middle-class, straight, cis woman, I might not enjoy genuine freedom, but if I live in Texas and need an abortion, it’ll be a lot easier for me to find and pay for a simulacrum of it than almost anyone else born with the same set of parts.

And having said all that: It’s well and good for me to argue for a more essentialist and ultimately political understanding of the fight for reproductive freedom, but at the end of the day—at the end of this and every day, for the foreseeable future—lives are being destroyed by the entire web of American anti-choice legislation. I want my country, or at least the party for which I’ve voted and knocked on doors all my life, to acknowledge that abortion is a matter of the most basic rights that inhere to all humans, but I also want them to come to the immediate aid of those now in desperate need of help.

There’s still a long fight ahead. But right now, we can at least ease the path of some of those for whom we’re fighting. Americans can demand our elected representatives take action to secure abortion rights on a federal level (starting with the Biden Administration’s newly announced suit against the State of Texas); donate to legal defense or abortion funds; act to ensure the free exchange of trustworthy information; serve as clinic escorts; or just drive a scared friend across state lines. And should Texas blink and offer compromise legislation, we must not back down.

Feminism has always been the radical notion that women are people. To deny people born with a uterus the right to make decisions about their own organs is to legislate a lie about their humanity and undermine the very idea of democracy. Our efforts to build a more perfect union can only falter, as long as half of us are not yet, truly, free.
    [post_title] => According to Texas law, your body doesn't belong to you
    [post_excerpt] => The goal has always been not chaos but exquisite clarity: legal abortion, eliminated.
    [post_status] => publish
    [comment_status] => closed
    [ping_status] => open
    [post_password] => 
    [post_name] => according-to-texas-law-your-body-doesnt-belong-to-you
    [to_ping] => 
    [pinged] => 
    [post_modified] => 2024-08-28 21:11:29
    [post_modified_gmt] => 2024-08-28 21:11:29
    [post_content_filtered] => 
    [post_parent] => 0
    [guid] => https://conversationalist.org/?p=3172
    [menu_order] => 0
    [post_type] => post
    [post_mime_type] => 
    [comment_count] => 0
    [filter] => raw
)

According to Texas law, your body doesn’t belong to you