Abortion – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 What is the Hyde Amendment? https://legacy.lawstreetmedia.com/issues/politics/what-is-the-hyde-amendment/ https://legacy.lawstreetmedia.com/issues/politics/what-is-the-hyde-amendment/#respond Mon, 17 Apr 2017 18:21:36 +0000 https://lawstreetmedia.com/?p=60203

This 1977 provision plays a crucial role in the abortion debate.

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The debate over government funding of Planned Parenthood is seemingly never-ending. During last month’s controversy over repealing and replacing the Affordable Care Act, talk of defunding Planned Parenthood–essentially ensuring that Medicaid funds cannot go to the health provider service–was a common refrain. Defunding Planned Parenthood, advocates say, would ensure that taxpayer money is not used for abortions.

People who disagree with defunding Planned Parenthood have a consistent response to that proposal–that federal money cannot be used for abortion services because of something called “the Hyde Amendment.” Read on to learn what the Hyde Amendment is, its history, and what exactly it requires.


The History of the Hyde Amendment

In 1973, the Supreme Court ruled on Roe v. Wade. With a 7-2 decision, the court ruled that a woman’s right to an abortion is protected by the Fourteenth Amendment. That decision legalized abortion in the United States, although states still have control over certain aspects–like at what point in a woman’s pregnancy abortion can be restricted.

The 1973 Supreme Court ruling in Roe v. Wade that legalized abortion in the United States set up the debate between pro-choice and pro-life advocates that is still being waged today. Between 1973 and 1976 various attempts to prevent Medicaid funding from being used for abortions were introduced and failed. But in 1976, the Hyde Amendment was introduced by Congressman Henry Hyde. It was not any sort of standalone law, but rather a rider attached to the 1977 fiscal year’s Labor, Health and Humans Services Appropriations Bill.

There was a lot of back-and-forth and disagreements between the House and the Senate, and the measure went through a number of revisions before it was successful. Language that made exceptions for abortions in the case that the mother could die without the procedure was inserted, removed, and inserted again.

But eventually the provision known as the “Hyde Amendment” was passed in 1977. In essence, it prohibited any use of Medicaid funds for abortion, unless the life of the mother was endangered. The passage of the Hyde Amendment was seen as a big win for the growing pro-life movement, but because it’s a rider attached to an appropriations bill, it needs to be re-passed every year.


Legal Challenges

After the Hyde Amendment was passed, its legality was almost immediately challenged. The Reproductive Freedom Project, the Center for Constitutional Rights, and Planned Parenthood, representing health care providers and a pregnant Medicaid patient, obtained an injunction 40 minutes after the provision went into effect. Federal Judge John F. Dooling Jr. granted the injunction, setting off a legal battle that made its way to the Supreme Court. SCOTUS sent the case back to Dooling, who kept the injunction in place for that year.

While the Hyde Amendment worked its way through the legal system, it also underwent revisions in Congress. Because it needs to be passed again through an appropriations bill each year, there’s plenty of room to edit and refine the language. Eventually, language that allowed for exceptions in the case of rape or incest were added.

Harris v. McRae 

In 1980, the Supreme Court officially weighed in on the legality of the Hyde Amendment in the case of Harris v. McRae. Cora McRae was a pregnant Medicaid patient who challenged the legality of the provision. The court was asked to weigh whether the Hyde Amendment violated the right to privacy, the right to Due Process under the Fifth Amendment, or Freedom of Religion under the First Amendment. In a ruling neatly split by ideology, the court decided that the Hyde Amendment violated none of the above. According to Oyez:

The Court held that states participating in the Medicaid program were not obligated to fund medically necessary abortions under Title XIX. The Court found that a woman’s freedom of choice did not carry with it ‘a constitutional entitlement to the financial resources to avail herself of the full range of protected choices.’ The Court ruled that because the Equal Protection Clause was not a source of substantive rights and because poverty did not qualify as a ‘suspect classification,’ the Hyde Amendment did not violate the Fifth Amendment. Finally, the Court held that the coincidence of the funding restrictions of the statute with tenets of the Roman Catholic Church did not constitute an establishment of religion.

Although the text has evolved slightly over time, it’s similar to the original concept–federal funds through Medicaid should not be used for abortion services. The current text allows exceptions for if a mother’s life is at risk, or if a woman has become pregnant through rape or incest. Despite political majorities changing over time, and other legal cases brought against the provision, some version of the Hyde Amendment has passed every year since 1977.


Modern Day: H.R. 7

Recently, the Hyde Amendment has made it back into the news again, in the sense that there are moves being made to render it permanent. H.R. 7, also known as the “No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act” would codify the already-existing provisions in the Hyde Amendment and make the restrictions on federal funding permanent. It would also prevent women who are on military insurance or work for the federal government from using their insurance for abortion services.

The House of Representatives passed H.R. 7 on January 24, 2017 with a 238-183 vote. It’s unlikely to pass the Senate (similar bills passed the House in recent years and were not passed by the Senate) but if it does, it seems likely that President Donald Trump would choose to sign it.


Arguments for and Against the Hyde Amendment

There are plenty of arguments for and against the Hyde Amendment, many of which are tied to the general debate over abortion. The following lists are by no means conclusive. But like abortion, the Hyde Amendment remains incredibly controversial.

Arguments for the Hyde Amendment 

Advocates of the Hyde Amendment argue that it saves lives. The 40th anniversary of the original passage of the Hyde Amendment was in September 2016, and it was celebrated as having “saved two million lives” since its passage. Advocates argue that cutting funding for abortion prevents women from having abortions. Although it’s obviously difficult to quantify how many women would have sought abortions had they been able to, pro-life advocates estimate that if the Hyde Amendment was repealed, abortion rates would increase by roughly 25 percent.

Another argument in favor of the Hyde Amendment is that it is supported by the American public. Polling on the issue has varied widely–in fact, both supporters and detractors of the Hyde Amendment regularly make this argument–but it’s true that certain polls have indicated Americans are not in favor of using Medicaid funds for abortions. A Politico poll conducted in October 2016 found that 58 percent of voters are not in support of using Medicaid funding for abortion.

Even some pro-choice individuals are in favor of the Hyde Amendment, arguing that regardless of their personal or political beliefs on abortion, taxpayer money should not be involved. For example during the 2016 election, Senator Tim Kaine, in contrast to his running mate Hillary Clinton, was supportive of the Hyde Amendment. Kaine “stood with” Clinton’s efforts to repeal it, but said he was personally in support of the measure.

Arguments Against the Hyde Amendment

Critics of the Hyde Amendment point out that it is specifically intended to target poor women and women of color who rely on Medicaid. Hyde’s own statements when he introduced the measure provide some fodder for that point of view. He stated: “I certainly would like to prevent, if I could legally, anybody having an abortion, a rich woman, a middle-class woman or a poor woman. Unfortunately, the only vehicle available is the (Medicaid) bill.” Advocates of repealing the Hyde Amendment point out that an abortion is expensive to pay for out-of-pocket, so many women who rely on Medicaid don’t have that option.

Those who support repealing the Hyde Amendment also point out that restricting access to abortion doesn’t necessarily lead to less abortions, but it leads to more unsafe abortions. They also point out that women who want an abortion but aren’t able to obtain one are more likely to fall into poverty than a woman who is able to. And given that many women who seek abortions already have at least one other child, that can be dire for entire families. Of course, traditional pro-choice arguments come into play when discussing the Hyde Amendment–including that women’s healthcare shouldn’t be a political decision.


Conclusion

Given that the Hyde Amendment comes up almost every time there’s discussion about “defunding” Planned Parenthood, it’s important to understand exactly what it does. The Hyde Amendment, like the abortion debate as a whole, is complicated, convoluted, and confusing. First introduced shortly after the landmark decision in Roe v. Wade, the language has evolved over time, but one thing has been consistent–it prohibits federal funding from being used for abortions. Given public opinion, as well as the Hyde Amendment’s longevity thus far, it seems likely that it will remain in place for the next few years.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Trump Gives States More Freedom to Block Family Planning Funds https://legacy.lawstreetmedia.com/blogs/politics-blog/states-family-planning-funds/ https://legacy.lawstreetmedia.com/blogs/politics-blog/states-family-planning-funds/#respond Sat, 15 Apr 2017 21:13:34 +0000 https://lawstreetmedia.com/?p=60250

Trump revoked an Obama-era protection for family planning clinics.

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President Donald Trump signed a resolution on Thursday that effectively gives states the option of withholding federal funds from family planning and women’s health clinics. Days before Trump was sworn into office, former President Barack Obama signed a rule that barred states from withholding federal money earmarked for family planning centers like Planned Parenthood. The Trump Administration’s resolution essentially undoes Obama’s action.

The resolution narrowly passed Congress on March 30, as Vice President Mike Pence cast the tie-breaking vote in the Senate. It was applauded by pro-life groups, and derided by pro-choice advocates. Speaker of the House Paul Ryan (R-WI) called the resolution a “major pro-life victory.”

Trump has expressed support for Planned Parenthood in the past, but has also come out against abortion. The Republican-controlled Congress is filled with lawmakers who have long-sought greater restrictions on non-profit groups that perform abortions and receive federal grants. Planned Parenthood, a group that largely provides health-related services to women across the country–half of its affiliates do not perform abortions–has become a favorite punching bag of pro-life lawmakers and advocacy groups.

Marjorie Dannenfelser, the president of the Susan B. Anthony List, a pro-life group, welcomed the resolution. “Prioritizing funding away from Planned Parenthood to comprehensive health care alternatives is a winning issue,” she said. “We expect to see Congress continue its efforts to redirect additional taxpayer funding away from Planned Parenthood through pro-life health care reform after the spring recess.”

Congress is certain to continue pushing a pro-life agenda. But pressure from liberal groups and advisers in his own orbit who lean more pro-choice, like his daughter Ivanka, could push Trump to abandon any hard-line positions on groups like Planned Parenthood. Pro-choice groups are dismayed however, at the direction Trump seems to be taking.

“[Women’s] worst fears are now coming true,” Dawn Laguens, the executive president of Planned Parenthood said in a statement. “We are facing the worst political attack on women’s health in a generation as lawmakers have spent the past three months trading away women’s health and rights at every turn.” And Heidi Williamson, senior policy analyst at the Center for American Progress, said: “Trump’s actions are creating very real and damaging consequences for millions of women and their families, inflicting direct harm on already vulnerable communities.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Mike Pence Casts Tie-Breaking Vote Allowing States to Defund Family Planning Services https://legacy.lawstreetmedia.com/blogs/politics-blog/mike-pence-family-planning-services/ https://legacy.lawstreetmedia.com/blogs/politics-blog/mike-pence-family-planning-services/#respond Fri, 31 Mar 2017 14:01:51 +0000 https://lawstreetmedia.com/?p=59919

The vote was 50-50, mostly along party lines.

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In a Senate vote on Thursday, Vice President Mike Pence stepped in and broke the 50-50 tie in favor of getting rid of an Obama-era rule that prohibits states from defunding health care providers for political reasons. Even after the Republicans managed to bring in Senator Johnny Isakson from Georgia, who is recovering from two back surgeries and had to use a walker and wheelchair, the vote ended in a 50-50 tie. Republicans Lisa Murkowski and Susan Collins, both known as moderates, joined the Senate Democrats and Independents in voting against the measure. Pence then cast the deciding vote.

Democrats criticized the GOP for the move, with Senator Patty Murray of Washington saying that the Democrats would spend Thursday afternoon speaking out against it. Doing this “would undo a valuable effort by the Obama Administration to ensure that health care providers are evaluated for federal funding based on their ability to provide the services in question, not on ideology,” she said.

There was a procedural vote earlier in the day that also required Pence’s tie-breaking powers. The new measure will use the Congressional Review Act to repeal a rule that the Obama Administration introduced late last year that prohibits states from blocking Title X funding to healthcare providers that offer abortion services.

Title X is the only federal grant program where money goes exclusively to family planning and reproductive health services for low-income people and those without insurance. It dates back to the 1970s and President Richard Nixon. Title X money makes sure patients can go get tested for STDs or HIV, cancer screenings, treatments, and birth control. However, the Hyde Amendment prevents federal money from being used for abortions.

But, if the Republicans get their way, states will be able to withhold federal money from going to any family planning service that offers abortions at all, even if the money wouldn’t be used for abortion services. Republicans argued that Obama’s requirement that states distribute money to healthcare providers regardless of whether they also perform abortions hurt small, local communities. How and why is unclear. “It substituted Washington’s judgment for the needs of real people,” said Majority Leader Mitch McConnell on Thursday.

Obviously a lot of women and Democrats did not agree with this and spoke out forcefully on social media.

Many women also took issue with the fact that Mike Pence received an award last week from the Independent Women’s Forum. That organization was formed after law professor Anita Hill accused Supreme Court Justice Clarence Thomas of sexual harassment in the 1990s. But it’s important to note that IWF formed because they didn’t believe Hill, which makes it less surprising that the group would award Pence for his work on behalf of women.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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RantCrush Top 5: March 24, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-march-24-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-march-24-2017/#respond Fri, 24 Mar 2017 16:38:46 +0000 https://lawstreetmedia.com/?p=59784

Happy Friday!

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Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Trump’s Ultimatum: Approve the New Health Bill or We’ll Stick with Obamacare

Donald Trump yesterday posed an ultimatum for House Republicans–approve the new healthcare bill, or he will leave Obamacare in place as it is. The vote on the new American Health Care Act was supposed to take place yesterday but was delayed, as too many Republicans had said they would vote against the bill. In a closed-door meeting last night, Trump said he wants the House to vote on the bill this afternoon whether it has enough votes to pass or not–he’s apparently tired of negotiating. If the bill doesn’t pass, Trump said he would move on to other issues, despite touting an Obamacare repeal as a priority throughout his campaign.

The president and VP Mike Pence held a meeting with the extremely conservative House Freedom Caucus yesterday afternoon to discuss the bill. A photo from the meeting circulated on social media and was heavily slammed. One of the main topics of conversation was whether to get rid of essential health benefits regulations, which require insurance plans to cover pregnancy and maternity services. But…notice anything missing from this photo?

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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The Debate Over “Wrongful Birth” in Texas https://legacy.lawstreetmedia.com/blogs/law/debate-wrongful-birth-texas/ https://legacy.lawstreetmedia.com/blogs/law/debate-wrongful-birth-texas/#respond Thu, 09 Mar 2017 17:56:11 +0000 https://lawstreetmedia.com/?p=59368

A bill in Texas would allow doctors to "lie during ultrasounds" in order to prevent abortions.

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"Texas State Capitol" Courtesy of Stuart Seeger: License (CC BY 2.0)

Texas lawmakers have been busy the last few weeks. Controversy surrounding a transgender bathroom bill in the mold of North Carolina’s HB2 law thrust the Texas Senate into the news after its Committee on State Affairs approved the measure with a 7-1 vote. Yet, while all of that was happening, another controversial bill flew slightly under the radar.

Senate Bill 25, which was unanimously passed by the committee and will soon move on to the full senate for a vote, would protect doctors from “wrongful birth” lawsuits. This would effectively prevent parents of a disabled child from using wrongful birth as a cause of action against a doctor who withheld information about a fetus’ condition that would have led parents to choose to have an abortion.

The bill’s supporters argue that wrongful birth as a cause of action in a lawsuit is inherently wrong, as it suggests that a birth could be “wrongful.”

“Senate Bill 25 will send a message that Texas does not believe that a life, in and of itself, is an injury in which parents need a damage payment,” said Texas Senator Brandon Creighton during a livestream of the committee hearing.

Critics of the bill argue that a damage payment is necessary in the event that doctors knowingly lied to parents about the health of a fetus because it limits the freedom of choice that a woman has over her pregnancy and her right to have an abortion.

“Eliminating a wrongful birth claim deprives such parents of the right to sue for monetary damages to cover the lifetime costs of caring for their child,” testified Margaret Johnson on behalf of the League of Women Voters of Texas. “These cases are rare but are appropriate redress for parents in such situations.”

Johnson added,

SB 25 is a not so subtle way of giving medical personnel the opportunity to impose their religious beliefs on pregnant women by withholding information about the condition of the fetus–and depriving women of making an informed decision about continuing the pregnancy.

However, Jennifer Allmon, the executive director of the Texas Catholic Conference of Bishops, contended that the bill “in no way restricts access to testing, in no way restricts access to abortion, and in no way regulates abortion.”

Allmon testified:

It simply says that a lawsuit based on the premise that a child should not have been born is wrong. We believe that a lawsuit that begins as its premise that we should have had the opportunity to kill our disabled child sends a terrible message to those disabled children in Texas.

Supporters of the bill appear to be arguing semantics by pointing out that the bill only targets wrongful birth as a specific course of action because it is morally wrong to suggest that a child should never have been born. They also attest that it wouldn’t hinder a person’s right to bring about another type of medical malpractice lawsuit.

But this logic is dizzying, if not disingenuous. If this law were to take away the option to use wrongful birth and its elements as a claim, constitutional claims could arise that question its validity. Blake Rocap, a legislative counsel for NARAL Pro-Choice Texas, pointed out this illogic in his testimony.

Rocap said:

That’s not how it works. If someone were to maintain a suit for medical malpractice and seek the damages for the care of their special child..they would not be able to recover for that care. The court would say ‘What you’re really doing here is trying to maintain a wrongful birth lawsuit, that’s the cause of action you’re really pleading.

If this bill passes in the full senate, it would be added to a list of controversial anti-abortion laws passed in TexasAccording to CNN, wrongful birth lawsuits are actually pretty rare, and the bill’s author acknowledges this fact. Additionally, as NPR reported, these lawsuits are incredibly difficult to win.

Austin Elias-De Jesus
Austin is an editorial intern at Law Street Media. He is a junior at The George Washington University majoring in Political Communication. You can usually find him reading somewhere. If you can’t find him reading, he’s probably taking a walk. Contact Austin at Staff@Lawstreetmedia.com.

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The Challenges of Building a National Women’s Strike https://legacy.lawstreetmedia.com/blogs/culture-blog/national-womens-strike/ https://legacy.lawstreetmedia.com/blogs/culture-blog/national-womens-strike/#respond Fri, 10 Feb 2017 14:30:10 +0000 https://lawstreetmedia.com/?p=58785

There are a lot of limitations.

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Image courtesy of Cody Williams; License: (CC BY 2.0)

In January, almost half a million people joined the Women’s March in Washington, DC while tens of thousands more marched in smaller protests across the country. The Women’s March has been called the largest single day protest in recorded American history–and the organizers behind the march are not letting their momentum fade. This week, they announced plans for a “Day Without a Woman,” a general strike for women across the country and perhaps even around the globe.

Details on when the strike will take place have yet to be released but a surge of support is evident across social media platforms. The successful Women’s Strike on Inauguration Day, during which over 7,000 workers went on strike from “both paid and unpaid work,” could serve as a valuable template for organizers of a national strike. Those who marched in January seem ready and willing to strike so the challenge for the organizers may not be mass participation but instead efficacy.

Strikes often shut down a single sector of a single industry–a school, a factory, a mine–but they can also go city or district-wide, forcing local governments and employers to cave under pressure. Shutting down a company on a national level is a herculean task, but it can be done–however, the Women’s March organizers are not targeting a single company, or even a single industry. Their vision involves women (and men who would strike in solidarity) striking in the same vein as the Black Monday protests for women’s reproductive health that took place in Poland in 2016–a national day of strike in every industry, at every level, so large that it could not be represented by a single union or cause.

This type of strike could make for a second wave of impressive protests across the nation but it won’t necessarily cripple the economy of the country–strikers will take a vacation day or an unpaid day off and then return to work the next day. The strikers themselves will be the ones who will have to make a sacrifice, as their employers likely won’t lose any money from an employee being absent for a single day.

The Black Monday strikes were powerful but did not come close to stalling the economy of Poland. Unions have historically found strength in the length of their strikes–going without heat, teachers, or transport infuriates the public and makes a company or regulator cave to public demand for a return to usual service. However, when a strike is not concentrated on a single industry, public services and the general economy continue to operate as per usual. Another challenge for the strike will be laying out a concise set of demands. The Black Monday protests were targeted toward a single abortion bill, which ultimately did not pass, whereas the Women’s Strike would be working against a larger set of issues and legislation.

The Women’s Strike is only in its infancy, barely even a viable practice at the moment, yet it seems to be a largely symbolic act. That being said, a national strike can still open important dialogues, influence the opinions of elected officials, and engage citizens who may have been apathetic in the past. Ultimately, the strike will not disrupt the American economy but it will unite women in a common act of civil disobedience.

Jillian Sequeira
Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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Meet the French Feminists Who Created a Viral Parody Photo https://legacy.lawstreetmedia.com/blogs/culture-blog/french-feminists/ https://legacy.lawstreetmedia.com/blogs/culture-blog/french-feminists/#respond Sun, 29 Jan 2017 17:01:21 +0000 https://lawstreetmedia.com/?p=58493

The group is named "52."

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"Women's March on Washington" courtesy of Mobilus In Mobili; license: (CC BY-SA 2.0)

Earlier this week, President Donald Trump signed an order that will reinstate the Mexico City Policy, also known as the Global Gag Rule. It will prohibit international aid groups that receive U.S. funding from providing information about abortions. The fact that Trump, surrounded by other middle-aged white men, signed legislation concerning women’s bodies and reproductive health caused a lot of reactions worldwide. The photo in question looked like this:

A group of French feminists, calling themselves 52, reacted strongly to the news and created the perfect response. The group took a photo of Hillary Clinton signing papers and merged it with a 2009 photo of President Obama, surrounded by a group of WASPs, female fighters from World War II. They posted the result with the headline, “BREAKING NEWS: In the US ejaculation for non-procreative purposes is now forbidden.”

A member of 52, who goes only by Sophie, said that the photo is clearly a joke, but that they made it “to ridicule something that boggles the mind: For centuries, it’s been men who dictate women’s bodies.” She said that men constantly tell women what to do and how to look. And Donald Trump just reversed what progress has been made in recent years by signing this legislation. “This picture of the president shows very well how men get to dictate the rights women have,” Sophie said. “It really wound us up.”

According to many studies, making abortion illegal doesn’t lead to fewer abortions. A ban will only lead to women seeking unsafe abortions that could kill them.

The women founded the group in September and adopted their name because women make up 52 percent of France’s population. They held their first demonstration in France in January, aiming to achieve more empowerment for women. Their photo creation has become hugely popular in only a few days, but will any male politicians actually listen?

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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RantCrush Top 5: January 25, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-january-25-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-january-25-2017/#respond Wed, 25 Jan 2017 17:44:19 +0000 https://lawstreetmedia.com/?p=58404

Plus some info about the latest developments in voters' rights.

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Your topic of the day: voter fraud. It was a hot debate during the election, and President Donald Trump has falsely claimed “millions of people” voted illegally. Now the Supreme Court has announced it will not hear an appeal from Texas officials right now, who wanted to reinstate a controversial voter ID law. The law has been deemed unconstitutional by a lower court, but could still end up in front of the Supreme Court at a later date.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Trump Was Serious About the Border Wall, Okays Controversial Pipelines

Today, President Donald Trump will begin taking steps toward actually building that wall along the Mexican border. This undertaking would be financed with federal money. But it’s unclear when the project will start, how long the wall would be, and where exactly the money would come from. This was the first campaign promise Trump made, back when he announced he would run for president in 2015. The wall proposal has been cheered by his fans and harshly criticized by his opponents. But the former Commissioner of Customs and Border Protection, Gil Kerlikowske, doesn’t see the point of a physical wall. “The border and migration issues are just unbelievably complex,” he said to CNN. “And a simple answer to a complex problem is most assuredly the wrong answer.”

Trump also cleared the Keystone and Dakota oil pipeline projects that had been halted by President Barack Obama. This doesn’t really come as a surprise as Trump has reportedly close ties with the gas industry, and even owned stocks in the company constructing the Dakota pipeline. The Dakota pipeline has been the focus of massive protests all fall and winter–it’s likely those protests will continue.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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RantCrush Top 5: January 24, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-january-24-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-january-24-2017/#respond Tue, 24 Jan 2017 17:25:27 +0000 https://lawstreetmedia.com/?p=58369

The global gag rule, a clever dictionary, and Halle Berry's new profession.

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"Halle Berry" courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

It’s Trump’s first week, but the protests haven’t stopped quite yet. For example, actor Shia LaBeouf has launched a four-year-long livestream art project called “He Will Not Divide Us.” It involves a camera outside of New York’s Museum of the Moving Image and its first featured guest was Jaden Smith. Check it out here.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Trump’s Team Hired Actors to Attend His First Campaign Speech

Way before President Donald Trump won the election, back when he publicly announced his candidacy in June 2015, his campaign team indirectly hired actors to be in the audience. Members of Trump’s team were accused of doing so at the time, but denied it—and they are right, in a sense. They didn’t hire the actors directly, but they worked with a contracting firm, which then subcontracted a talent agency to make sure that some actors came to cheer for the new candidate. A complaint that the American Democracy Legal Fund filed in March was made public last week and confirms the allegations. That organization supported Hillary Clinton and is alleging that Trump’s campaign team didn’t pay the agencies appropriately.

A journalist from the Center for Public Integrity found that the Trump campaign also failed to pay the contracting firm until a month after the company had filed a complaint, and four months after it was originally hired. In the end, the Federal Election Commission ruled that the Trump campaign hadn’t done anything wrong. But if nothing else, it’s an embarrassing revelation for a team that only days ago claimed to have had the largest inauguration audience in history, despite photo and video evidence to the contrary.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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RantCrush Top 5: January 17, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-january-17-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-january-17-2017/#respond Tue, 17 Jan 2017 17:19:23 +0000 https://lawstreetmedia.com/?p=58205

Step right up and get today's rants!

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Image courtesy of PBS NewsHour; License: (CC BY 2.0)

Hi and welcome back after MLK weekend! As usual, Donald Trump has been active on Twitter, and has made some new enemies. Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Arrests Made in Orlando and Istanbul Nightclub Shootings

The FBI has arrested the wife of Omar Mateen, the man who carried out the mass shooting at the Pulse nightclub last June in Orlando. The police interrogated Noor Salman early on in the investigation, but didn’t charge her with any crimes until now. She is accused of obstructing the investigation and aiding and abetting Mateen by providing material support, which means police believe she knew about her husband’s plans. But Salman has always claimed she didn’t know anything and has reported that Mateen was physically and mentally abusive.

And in Turkey, police captured the suspect in the Istanbul New Year’s Eve nightclub attack, Abdulkadir Masharipov. The Uzbekistan citizen was still in Istanbul, hiding at a friend’s apartment with his four-year-old son, police said. Masharipov shot and killed 39 people and injured dozens more when he attacked the Reina nightclub. ISIS claimed responsibility for the attack but it’s still unclear exactly how the terror organization contributed. Turkey’s Deputy Prime Minister Numan Kurtulmus said that the attack was “extremely planned and organized” and that it was carried out with the aid of an intelligence organization.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Jailed Tennessee Woman Claims She Was Denied an Abortion, Sues Sheriff https://legacy.lawstreetmedia.com/blogs/culture-blog/jailed-tennessee-woman-abortion/ https://legacy.lawstreetmedia.com/blogs/culture-blog/jailed-tennessee-woman-abortion/#respond Thu, 12 Jan 2017 21:58:39 +0000 https://lawstreetmedia.com/?p=58127

"Her health and her life were not in jeopardy" says the Sheriff.

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"Prison Bars Jail Cell" Courtesy of Jobs For Felons Hub : License (CC BY 2.0)

A 29-year-old woman is suing a Tennessee sheriff for $1.5 million, claiming he violated her Constitutional rights when he denied her access to an abortion while she was in jail.

The Tennessean reports that Kei’Choura Cathey was arrested in July 2015 on robbery and murder conspiracy charges in Maury County. She found out that she was pregnant roughly two weeks later. Cathey alerted Maury County Sheriff Bucky Rowland via her lawyer that she wanted to have an abortion, but claims that Rowland told her that his department would not pay to transport her to the clinic unless the abortion was medically necessary or the pregnancy was the result of rape or incest.

Cathey wasn’t able to post bail until January 2016, and by then it was too late to have the procedure. The child was born in April.

Sheriff Rowland disputes her account. “The lawsuit is not correct,” Rowland told the Daily Herald on Tuesday. “We did offer her transportation to and from, if she elected to go through with the procedure. We were not going to take her and pay for the procedure. We felt like it was an elective procedure. We did not feel like the taxpayers should pay for it.”

“Her health and her life [were] not in jeopardy,” Rowland said. “No other circumstances came into play, except she wanted to have an abortion. If she wanted to pay for that, that was up to her.”

The lawsuit was filed December 29 in federal court in Nashville. Cathey alleges in the complaint that Rowland violated her Eighth Amendment rights by inflicting cruel and unusual punishment, as well as her 14th Amendment rights.

In 2007, the Supreme Court ruled in Doe v. Arpaio that an Arizona woman had a Constitutional right to get an abortion off jail grounds.

Imprisoned women have a legal right to obtain an abortion if they want one; however, women receiving non-life threatening abortions are often left financially responsible for the appointment and transportation, regardless of whether or not they are able to pay. Jail and prison policies regarding pregnancy-related health care and abortions vary from state to state.

While the ACLU has often represented women in cases where they believe their right to an abortion was infringed upon, the non-profit is not involved in Cathey’s pending case against Maury County.

Cathey is asking for $150,000 in actual damages and $1.35 million in punitive damages.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Lena Dunham Apologizes for “I Wish I Had an Abortion” Comment https://legacy.lawstreetmedia.com/blogs/culture-blog/lena-dunham-apologizes-abortion/ https://legacy.lawstreetmedia.com/blogs/culture-blog/lena-dunham-apologizes-abortion/#respond Wed, 21 Dec 2016 20:52:21 +0000 http://lawstreetmedia.com/?p=57761

She made the controversial statement on her podcast.

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"Lena Dunham TFF 2012 Shankbone 2" courtesy of David Shankbone; license: (CC BY 2.0)

Self-proclaimed feminist and TV-show creator Lena Dunham has become known for her controversial statements, but the latest one is pretty bad. In the most recent episode of her podcast “Women of the Hour,” she said she wished she had had an abortion. The episode was centered on the issue of abortion stigma and Dunham recounted a visit to a Planned Parenthood center in Texas many years ago. She said that a woman there asked her to join a project with women sharing their stories about abortion. Dunham said in the podcast:

I sort of jumped. ‘I haven’t had an abortion,’ I told her. I wanted to make it really clear to her that as much as I was going out and fighting for other women’s options, I myself had never had an abortion.

Her own reaction made her realize that even though she was fighting for a woman’s right to choose, her automatic reflex was to make sure people knew she hadn’t had an abortion, as if it’s something to be ashamed of. It seems like her comment in the podcast was meant to highlight that if she had had one herself, she would know on a personal level what she’s fighting for. Or maybe, that there’s nothing wrong with choosing to have one. But her quote, “Now I can say that I still haven’t had an abortion, but I wish I had,” sounded way too literal. As the podcast content spread across the internet, many people reacted with outrage.

On Tuesday, Dunham posted a long status on Instagram apologizing for the clumsy comments. She said that her story was meant to:

[…] tell a multifaceted story about reproductive choice in America, to explain the many reasons women do or don’t choose to have children and what bodily autonomy really means. I’m so proud of the medley of voices in the episode. I truly hope a distasteful joke on my part won’t diminish the amazing work of all the women who participated.

She said that she would never trivialize the emotional and physical challenges a woman goes through when making the choice to terminate a pregnancy. The apology might be sincere and the comments simply a clumsy way of expressing herself, but it’s pretty important to consider how things you say publicly will be interpreted if you claim to be a feminist role model for many young women.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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HHS Rule Bars States from Withholding Federal Family-Planning Grants https://legacy.lawstreetmedia.com/blogs/politics-blog/obama-states-cant-withhold-federal-money-from-planned-parenthood/ https://legacy.lawstreetmedia.com/blogs/politics-blog/obama-states-cant-withhold-federal-money-from-planned-parenthood/#respond Wed, 14 Dec 2016 21:14:24 +0000 http://lawstreetmedia.com/?p=57601

Will the Trump administration stop the new rule?

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Image Courtesy of Fibonacci Blue; License: (CC BY 2.0)

State and local governments are barred from withholding federal family-planning grants “for reasons other than its ability to provide Title X services,” according to a new rule by the Department of Health and Human Services. As President Barack Obama’s days in office are waning, so are his chances to secure federal funding for Planned Parenthood and other community health clinics. The rule will go into effect two days before Donald Trump is inaugurated on January 20.

Many anticipate President-elect Trump, and a Republican-controlled Congress, will attempt to dismantle and defund abortion-providing clinics that currently receive federal money. Nearly half of Planned Parenthood-affiliated clinics do not perform abortions. Proposed in September, the rule clarifies the requirements for states when distributing federal money meant for clinics that provide family-planning services like contraception, STD treatment, cancer screenings, and abortions.

“This rule will strengthen access to essential services like cancer screenings and contraception for some of the most vulnerable patients in this country,” said Dr. Karen Scott, Chief Medical Officer of the Office of the Assistant Secretary for Health. “Public comments showed overwhelming support for finalizing the rule, which clarifies that all organizations able to provide these services should be eligible to compete for funds.”

In 2015, according to the press release from HHS, 91 grants were distributed to nearly 4,000 clinics who provided services to more than four million patients. Current federal law dictates that no government-funds can go directly toward abortions, except in cases or rape or incest, or when the procedure would be lifesaving. But as a dozen or so Republican-led states have sought to block Planned Parenthood and other clinics from seeing any government funding, the new rule should ensure that clinics are not underfunded for political reasons.

A key question moving forward will be how the Trump administration decides to handle the new rule. For one, Trump has expressed support for Planned Parenthood, at least for its services other than abortions. But he also selected Tom Price, who has supported efforts to defund Planned Parenthood, as the next health secretary. Time will reveal the fate of the new ruling, but according to HHS, rolling it back would be a time-consuming process that would require a joint resolution from both chambers of Congress, as well as approval from the incoming president.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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RantCrush Top 5: December 14, 2016 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-december-14-2016/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-december-14-2016/#respond Wed, 14 Dec 2016 17:38:16 +0000 http://lawstreetmedia.com/?p=57593

More "Mike Hot-Pence" please.

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"Times Square NYC" courtesy of Heath Cajandig; License: (CC BY 2.0)

Good morning everyone, we’ve officially all made it halfway through the week. Celebrate with a new RantCrush entry as a reward! Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Aleppo Ceasefire Broken a Few Hours After it Was Reached

Last night, Russia declared that the battle over Syria’s largest city, Aleppo, was over. Rebel fighters and government forces reportedly reached a deal, which meant that evacuations were set to start this morning at 5 A.M. and the remaining rebels were to be transported to rebel-held territory. But this morning, fighting resumed and the evacuations were delayed.

An end to the fighting in Aleppo would be a huge development in the five-year-long war in Syria. The deal came just as the remaining citizens in Aleppo had lost all hope, and many sent out videos saying their goodbyes on social media. There have also been reports that government forces have entered buildings and executed civilians. It’s unclear what will happen next.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Ohio’s ‘Heartbeat’ Abortion Bill Waits for Governor John Kasich’s Signature https://legacy.lawstreetmedia.com/blogs/politics-blog/ohio-kasich-abortion-heartbeat-bill/ https://legacy.lawstreetmedia.com/blogs/politics-blog/ohio-kasich-abortion-heartbeat-bill/#respond Wed, 07 Dec 2016 19:00:42 +0000 http://lawstreetmedia.com/?p=57442

If passed, it would become the most extreme abortion ban in the United States.

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"John Kasich" Courtesy of Gage Skidmore : License (CC BY-SA 2.0)

Ohio could soon adopt the nation’s strictest abortion legislation. A bill sent to Governor John Kasich would outlaw abortions as soon as a fetal heartbeat is detected–which is as early as six weeks after conception.

The state’s Republican-led House and Senate voted in favor of the so-called “heartbeat bill” Tuesday night, and now it awaits Kasich’s signature.

The measure, which was tacked on last minute to House Bill 493, an unrelated child abuse bill, would not exempt abortions in cases of rape or incest, but does include an exception for an abortion to save the life of a pregnant woman.

The amended bill passed in the Senate with a 21-10 vote, and then again in the House with 56-39–with votes largely following party lines.

If Kasich signs the bill, or if he does nothing in 10 days, the bill will go into effect early next year.

Physicians could face a year in prison if they perform an abortion after a heartbeat is detected or if they fail to check for one before a procedure.


In February, Kasich labeled himself “pro-life with the exceptions of rape, incest and the life of the mother.” Since he became Ohio governor in 2011, Kasich has signed 17 anti-abortion measures into law. This includes a measure that helped defund Planned Parenthood, and another that banned abortions when a pregnancy is 20 weeks along unless a doctor determines a fetus cannot live outside the womb.

The American Civil Liberties Union of Ohio has already said it will lead a legal battle against the bill if it passes.


At least two other “heartbeat bills” in Arkansas and North Dakota were found unconstitutional in federal court.

Kasich has not indicated whether he will veto the bill or sign it.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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RantCrush Top 5: December 7, 2016 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-december-7-2016/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-december-7-2016/#respond Wed, 07 Dec 2016 18:05:15 +0000 http://lawstreetmedia.com/?p=57447

Today's daily dose of RC.

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Image courtesy of Andrew Currie; License: (CC BY-SA 2.0)

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Ohio Tries to Ban Practically All Abortions

Last night, Ohio’s Republican House and Senate passed a bill that would ban abortions from the moment a fetal heartbeat could be detected. This could be as early as six weeks after conception–at that point many women don’t even realize they are pregnant yet. Politicians snuck it in as an attachment to an unrelated child abuse bill and it doesn’t make any exceptions for pregnancies that are the result of rape or incest. According to pro-choice groups, the so-called “heartbeat bill” is the most restrictive proposed abortion measure in the country and if it becomes law, doctors could face up to a year in prison for violating it.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-week-63-5/ https://legacy.lawstreetmedia.com/news/icymi-best-week-63-5/#respond Mon, 05 Dec 2016 14:30:25 +0000 http://lawstreetmedia.com/?p=57354

Check out the top stories from Law Street!

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Last week Sarah Palin sensed divine intervention, Donald Trump supported torture techniques, and Texas required women to cremate unborn fetuses. ICYMI–check out these top stories from Law Street below!

1. Sarah Palin Claims God Intervened and Helped Trump Win the Election

Sarah Palin likes Donald Trump, but doesn’t believe he made it all the way to the White House on his own. On the holiday edition of the Breitbart News Daily radio show she claimed that God was responsible for Trump’s win. In the show, she said she saw the role “divine providence” played on the campaign trail. She said people have been desperate for a change after the country’s deterioration and that his victory was due to people praying to God that the rest of the citizens would wake up. Read the full article here.

2. Trump Could Dismiss Lawsuit by CIA Torture Victims

In the years following the 9/11 terrorist attacks, the CIA broadened its torture toolkit. Detainees were stuffed in boxes. They were forced to spend hours holding uncomfortable positions, sometimes barred from sleeping for days at a time. And of course, there was waterboarding. In October 2015, two men who were subjected to the CIA’s interrogations at secret prisons in Afghanistan filed lawsuits against the two CIA contractors who sculpted the agency’s torture program. Read the full article here.

3. New Rules in Texas Will Require Burial or Cremation of Fetal Remains

Texas established new rules preventing health care facilities from disposing of fetal remains following an abortion or any miscarriage that requires a medical procedure–instead, the state will now require women to pay for the burial or cremation of those remains. Read the full article here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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New Rules in Texas Will Require Burial or Cremation of Fetal Remains https://legacy.lawstreetmedia.com/blogs/politics-blog/texas-implement-rules-requiring-burial-cremation-fetal-remains/ https://legacy.lawstreetmedia.com/blogs/politics-blog/texas-implement-rules-requiring-burial-cremation-fetal-remains/#respond Wed, 30 Nov 2016 20:25:51 +0000 http://lawstreetmedia.com/?p=57267

Texas is the 2nd state to make this move.

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IMAGE COURTESY OF MARKO KUDJERSKI; LICENSE: (CC BY 2.0)

Texas established new rules preventing health care facilities from disposing of fetal remains following an abortion or any miscarriage that requires a medical procedure–instead, the state will now require women to pay for the burial or cremation of those remains.

The rules will take effect on December 19, according to state health officials, the Texas Tribune reported. The decision, supported by Governor Greg Abbott, prohibits hospitals, abortion clinics, and other health care facilities from disposing of fetal remains regardless of the period of gestation.

In a fundraising email sent to supporters Thursday, Abbott cited the rule change, saying Texas is working to “turn the tides” against the abortion industry in the state and protect the “rights of the unborn.”

“I believe it is imperative to establish higher standards that reflect our respect for the sanctity of life,” Abbott said in the email. “This is why Texas will require clinics and hospitals to bury or cremate human and fetal remains.”

The Texas Department of State Health Services finalized the new regulation on Monday, inviting a legal challenge from reproductive rights advocates. Their arguments against the rule are that it has no medical or safety benefits. In fact, reproductive rights advocates said the state had failed to provide evidence that the rule benefits public health or improves current medical practices.

But Republican lawmakers have already filed legislation to make the law official when the state government reconvenes in January.

“The state agency has once again ignored the concerns of the medical community and thousands of Texans by playing politics with people’s private healthcare decisions,” Heather Busby, executive director of NARAL Pro-Choice Texas, said in a statement.

The public reaction to the fetal burial law was overwhelmingly negative online.

Texas is the second state to implement a fetal burial law. When Vice President-elect Mike Pence was the governor of Indiana, he also signed a bill that included such a provision.

Bryan White
Bryan is an editorial intern at Law Street Media from Stratford, NJ. He is a sophomore at American University, pursuing a Bachelor’s degree in Broadcast Journalism. When he is not reading up on the news, you can find him curled up with an iced chai and a good book. Contact Bryan at BWhite@LawStreetMedia.com.

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In Apostolic Letter, Pope Francis Allows Priests to Absolve Abortions https://legacy.lawstreetmedia.com/blogs/culture-blog/in-apostolic-letter-pope-francis-allows-priests-to-absolve-abortions/ https://legacy.lawstreetmedia.com/blogs/culture-blog/in-apostolic-letter-pope-francis-allows-priests-to-absolve-abortions/#respond Mon, 21 Nov 2016 19:25:38 +0000 http://lawstreetmedia.com/?p=57097

The move represents a break from church tradition.

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Image Courtesy of Aleteia Image Department; License: (CC BY-SA 2.0)

At the conclusion of the yearlong Jubilee of Mercy on Monday, Pope Francis released an apostolic letter that granted all priests the ability to absolve the “grave sin” of abortion. The letter, signed Sunday and released Monday, is called Misericordia et Misera (Mercy and Poor), and includes a variety of papal meditations on mercy. In regard to his instructions on abortion, Pope Francis writes:

I wish to restate as firmly as I can that abortion is a grave sin, since it puts an end to an innocent life. In the same way, however, I can and must state that there is no sin that God’s mercy cannot reach and wipe away when it finds a repentant heart seeking to be reconciled with the Father. May every priest, therefore, be a guide, support and comfort to penitents on this journey of special reconciliation.

According to canon law, abortion results in an automatic excommunication from the church. Only a bishop can absolve the “reserved sin” of abortion. With the letter, priests have the permanent ability to absolve abortions, something that was previously assigned exclusively to bishops, representing a break from tradition, widening the doors for the Catholic Church’s 1.2 billion members worldwide, and expanding upon Pope Francis’ message of mercy.

The letter also called for a World Day of the Poor every November moving forward, representing a “day to help communities and each of the baptized to reflect on how poverty is at the very heart of the Gospel,” and “genuine form of new evangelization which can renew the face of the Church as She perseveres in her perennial activity of pastoral conversion and witness to mercy.”

Pope Francis’ decision to allow priests to absolve abortions is not without precedent. In 2000, another Holy Year, Pope John Paul II allowed priests to do the same. Pope Francis’ decision to make permanent the decree of allowing priests to absolve abortions underscores his commitment to adapting the church’s message to a changing world.

Now is the time “to unleash the creativity of mercy,” Pope Francis writes in the letter, and to “promote a culture of mercy based on the rediscovery of encounter with others, a culture in which no one looks at another with indifference or turns away from the suffering of our brothers and sisters.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-week-62/ https://legacy.lawstreetmedia.com/news/icymi-best-week-62/#respond Mon, 24 Oct 2016 14:04:59 +0000 http://lawstreetmedia.com/?p=56393

Check out the top stories from Law Street!

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Offensive Halloween costumes, online abortion pills, and surplus cheese; that’s just a taste of some the trending stories you may have missed last week. ICYMI–check out the top stories from Law Street below!

1. University of Florida to Offer Halloween Counseling to Offended Students

Halloween is a frightening time of the year, although it does not normally send university students to counseling. The University of Florida said in a statement last week that it will be offering counseling students to students who are offended by Halloween costumes. Read the full article here.

2. How Irish Women Buy Pills Online To Get Around Abortion Laws

It may be hard to imagine that in 2016 having an abortion is still illegal in a country as developed as Ireland. As a traditionally Catholic country, it has strict laws regulating abortion, with the exception of instances in which the procedure would save the mother’s life. New data illustrates the way in which many Irish women seek abortions despite the country’s particularly restrictive laws. .

3. What Is America Going To Do With 1.2 Billion Pounds Of Surplus Cheese?

The U.S. has a humongous surplus of cheese. So big that every man, woman, and child in the country would have to grab an extra three pounds and finish that before the end of the year to work through it. The 1.2 billion pounds of cheese sitting in storage are not even the issue. Surplus meat, poultry, milk, and other dairy products are flooding the food market. Read the full article here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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How Irish Women Buy Pills Online To Get Around Abortion Laws https://legacy.lawstreetmedia.com/blogs/world-blogs/irish-women-pills-abortion-laws/ https://legacy.lawstreetmedia.com/blogs/world-blogs/irish-women-pills-abortion-laws/#respond Tue, 18 Oct 2016 19:41:45 +0000 http://lawstreetmedia.com/?p=56279

Ireland has the strictest abortion laws in Europe.

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"Pro-Choice Rally in Dublin (International Day Of Action)" courtesy of [William Murphy via Flickr]

It may be hard to imagine that in 2016 having an abortion is still illegal in a country as developed as Ireland. As a traditionally Catholic country, it has strict laws regulating abortion, with the exception of instances in which the procedure would save the mother’s life. New data illustrates the way in which many Irish women seek abortions despite the country’s particularly restrictive laws.

To clarify: the Republic of Ireland is its own country, while Northern Ireland is a part of the United Kingdom–along with England, Scotland and Wales–which has more relaxed laws around abortion. In the U.K., the Legal Abortion Act of 1967 made abortion legal before week 24 of a pregnancy. But that law does not apply to Northern Ireland, which criminalizes abortion like the Republic of Ireland. Abortion is punishable with up to a 14-year prison sentence in Ireland and up to a life sentence in Northern Ireland.

In April a court in Northern Ireland heard a case in which a young woman from Belfast bought drugs online to terminate her pregnancy. She couldn’t afford to go to England to perform a legal abortion, so she saw the pill as her only option. Her roommates reported her to the police and she was ultimately given a suspended sentence. Had she lived in another part of the U.K., she could have gotten an abortion legally–and between 2010 and 2012, roughly 15,500 Irish women went to England or Wales to do so. Instead, this woman found herself guilty of a criminal offense because she couldn’t afford to travel.

A recent analysis of data from Women on Web–a telemedicine group that provides abortion pills and instructions to how to take them–shows that 5,650 women from Northern Ireland and the Republic of Ireland bought these pills between 2010 and 2015. Most of the women in the study said taking the pills was the right decision for them.

The most commonly cited reason for having an abortion was that the women were not able to have a child at that point in their life, closely followed by not having enough money to raise a kid. Most of the women in the study reported that they became pregnant due to the failure or misuse of contraceptives. About 50 percent of the women were aged between 25 and 35. Three-quarters of the women were pregnant for seven weeks or less at the time they took the pills.

It is not that uncommon for birth control pills to fail. In fact, there is a 5 percent risk of becoming pregnant even if you take your pill every day, according to the American Pregnancy Association. Finding oneself with an unplanned and unwanted pregnancy while also not having the financial means to take care of a child is a nightmare for many.

“Abortion is a criminal offense in Ireland and if women are accessing these dangerous pills online and have an adverse reaction that could endanger their life, who will take responsibility?” Bernadette Smyth, a member of the pro-life group Precious Life, told the BBC. She added that abortion not is the answer. But then, what is?

As the debate in Ireland continues opposition to the current abortion laws may be growing. Professor Abigail Aiken, who led the study, said to the BBC that the current law dates back to 1861 and harms women by creating a climate of stigma, shame, and isolation. She also said that groups like Women on Web make the process of having an abortion much less stressful for women. She said:

I think it really demonstrates that women can make the best choice for themselves when it comes to their own reproduction. The only negative thing about this is that women reported they had to do it against the law, and they went through considerable stress and anxiety and secrecy and isolation and shame.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Poland’s Abortion Protests: What was “Black Monday?” https://legacy.lawstreetmedia.com/issues/world/protests-poland-convince-government-revoke-proposed-abortion-ban/ https://legacy.lawstreetmedia.com/issues/world/protests-poland-convince-government-revoke-proposed-abortion-ban/#respond Thu, 13 Oct 2016 18:16:31 +0000 http://lawstreetmedia.com/?p=56070

If passed, the bill would have criminalized nearly all abortions.

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"Image Courtesy of [Piotr Drabik via Flickr] "

Earlier this month Polish nationals fought for their reproductive rights after the ruling Law and Justice Party (PiS) tried to pass a bill designed to criminalize abortions. The proposed statute, which was originally brought forth by an anti-abortion citizens’ initiative and encouraged by the Catholic church, aimed to completely outlaw abortions unless the mother’s life was threatened. Prison sentences for illegal procedures would have also increased from two to five years, in addition to penalizing surgeons who perform unlawful operations.

In the wake of such a proposition, a series of protests dubbed “Black Monday” disrupted the ordinance from gaining further momentum in the predominately Catholic country. Three days after these events unfolded, the Sejm (the lower house of the Polish parliament) overturned the bill in a 352-58 vote–proving the power of an active citizenry. Considering how successful these protests were in persuading the government to discard the bill, Poland nonetheless has an array of political and cultural challenges to overcome before women achieve total self-autonomy. The following article delves into some of these obstacles.


The Magnitude of “Black Monday”

On a conceptual level, these historic actions were inspired by an Icelandic strike in 1975, where 90 percent of the country’s female population abandoned their jobs and domestic duties to denounce rampant workplace discrimination. Propelled by this example, protests were held throughout Poland and other surrounding countries on Monday October 3, 2016. Solidarity events took place in Berlin, Dusseldorf, London, and Paris, although the largest of these assemblies occurred in the Polish capital of Warsaw where approximately 30,000 individuals (clad in black clothing) gathered to rebuke the religious-based injunction. Such an outpouring of support surprised many, considering people only had a day’s notice to prepare for the event. Some even boycotted school and work to show their commitment to the cause.

“The protest was bigger than anyone expected. People were astonished,” said one activist, Agnieszka Graff. “Warsaw was swarming with women in black. It was amazing to feel the energy and the anger, the emotional intensity was incredible.”

During an interview with NPR, Reuters staff member and Polish citizen, Justyna Pawlak, also explained how the protests caught on like wild fire, despite the lack of initial planning:

There wasn’t a real kind of serious organization committee. And what’s interesting is, you know, Poland, as you said, is a very conservative country still, even though the power of the church and the – kind of the sway of the church over the heart and soul of churchgoers has been waning, bishops still have a lot of – a lot of influence over how people vote and how they think. There’s still quite a lot of opposition for abortion on demand in Poland, but many women felt that these new proposed restrictions just simply went too far.


An Unforeseen Political Response

Following these nationwide protests, the Justice and Human Rights Committee of the Polish parliament urged the PiS to reconsider the ordinance. PiS Chairman Jaroslaw Kaczynski surprised many by taking this suggestion to heart after witnessing the intensity of the Black Monday demonstrations. According to the Wall Street Journal, the right-wing politician realized that a total ban could potentially have adverse effects later down the road. From his perspective, a complete ban would only embolden future efforts among liberal politicians to ensure unabated access to abortions someday. In the end, Kacynski’s remarks resonated among other senior politicians and even the Catholic clergy, who couldn’t endorse prison sentences for women seeking abortions.

“What you’re proposing isn’t the right course of action,” said Kaczynski. “Considering the situation in the society, what you’re proposing will be a factor that will start processes whose effect will be exactly opposite to what you’re talking about.”


Poland’s Strong Catholic Roots

Compared to other countries in the European Union, Poland’s pre-existing reproductive laws were already among the most restrictive because of the nation’s Catholic roots. Last year approximately 1,000 women received legal abortions, which could only be fulfilled if the fetus was severely damaged, if the mother’s life was jeopardized, or if the pregnancy was caused by incest or rape. Although the recently initiated bill was not ratified, these stipulations still exist today. Faced with such barriers at home and fear of stigmatization, an estimated 150,000 illegal abortions are performed every year in facilities with questionable sanitary conditions. Keeping this in mind, thousands of Polish women also travel abroad to receive abortions, especially in nearby countries such as Germany, Czech Republic and Slovakia–termed “abortion tourism.”

These aforementioned policies began in 1993 as a means to replace Poland’s communist-era policies where abortions were once easily obtainable. With 95 percent of the country identifying as Catholic, it is widely acknowledged that the church yields profound “moral authority” over the population and influences people’s political decisions. Some doctors are reluctant to even facilitate abortions, even if the mother’s survival is in peril or if a pregnancy is a result of rape. There have been noted cases where doctors deliberately delayed approving abortions until the twelfth week when it’s too late to remove the fetus. Back in 2012, for example, officials tried to persuade a 14-year-old from opting out of an abortion after being raped. Another problematic incident transpired when a vision-impaired mother, Alicja Tysiąc, was forced to follow through with her pregnancy regardless of the dangers it presented to her eyesight. This brings up the question of human rights and whether or not Poland’s reproductive policies are disregarding Polish women’s wellbeing.

Interest groups such as the Stop Abortion coalition and think-tank Ordo Iuris are still actively trying to enact prohibitive laws against abortions. After all, they are the lobbyists responsible for presenting the Polish parliament with more than 400,000 signatures to start the bill in the first place. At first these groups’ endeavors were backed by the Catholic church. In the long run, though, the clergy could not promote a law allowing for the imprisonment of women and health practitioners. 


Conclusion

Public opinion over abortion appeared to drastically change once the protests materialized. Recent polls indicate that the majority of Poles now disapprove of the ban, not to mention desire the existing set of reproductive laws to become more liberalized. The Economist says that today only 14 percent of Poles condone the original ban (in hindsight), making it highly unpopular among today’s general populace.

The participants of Black Monday may have set a new precedent for other countries with restrictive abortion laws, but pro-choice activists still have a lot of work cut out for them. Certain political parties are currently drafting their own anti-abortion bills and trying to push them into legislation. For example, it is reported that PiS is pushing for a “eugenic abortions” bill that would criminalize abortions for fetuses with abnormalities–meaning that the three existing stipulations for abortions would be dwindled down to only two. So far in PiS’s tenure in Polish parliament, the group has also cut state funding for in-vitro fertilization as well as drafted legislation to ban and criminalize the morning-after pill.

To prevent further “medieval regulations” from being placed on the agenda, Poland’s opposition party, Nowoczesna (meaning “modern” in Polish), have pledged to provide women with more reproductive freedom. The liberal party partnered with the Save the Women group to plan the Black Monday protests. According to them, illegal abortions could cease to exist if the Polish government decided to introduce sex education into the classroom, allocate state-funded contraception, as well as provide wider access to qualified doctors.


Resources

BBC News: Poland Abortion: Parliament Rejects Near-Total Ban

CBC News: Poland’s Proposed Ban on Abortion Part of Broader Push to Turn Back History

Center for Reproductive Rights: Tysiąc v. Poland: Ensuring Effective Access to Legal Abortion

The Conversation: The Battle Over Abortion Rights in Poland is Not Over

Economist: Polish Women Skip Work to Protest Against an Abortion Ban

The Guardian: Poland’s Abortion Plan Near Collapse After Mass Protests

New York Times: Poland Steps Back from Stricter Anti-Abortion Law

NPR: Poland Backs Down on Abortion Plan After Extraordinary Protests

Reuters: Abortion Protests Rattle Polish Ruling Party, May Prompt Rethink

Reuters: Europe Rights Court Condemns Poland in Abortion Rape Case

Reuters: More Polish Women Seen Seeking Abortions Abroad

Vox: Poland Votes Down an Extreme Abortion Ban After Thousands of Women Go on Strike

Wall Street Journal: Poland Rejects Abortion Ban After Protests

Washington Post: Why Would Poland Make its Already Strict Abortion Law Draconian?

Jacob Atkins
Jacob Atkins is a freelance blogger and contributor for Law Street Media. After studying print journalism and international relations at American University, Jacob now resides in Madrid where he is teaching English, pursuing multimedia reporting projects and covering global news. Contact Jacob at staff@LawStreetMedia.com.

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The Hyde Amendment Turns 40–Is it Time to Let it Go? https://legacy.lawstreetmedia.com/blogs/politics-blog/hyde-amendment-turns-40-time-let-go/ https://legacy.lawstreetmedia.com/blogs/politics-blog/hyde-amendment-turns-40-time-let-go/#respond Mon, 03 Oct 2016 14:59:10 +0000 http://lawstreetmedia.com/?p=55912

Mixed reactions on Friday.

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Image courtesy of [Fibonacci Blue via Flickr]

Friday marked the 40th anniversary of the Hyde Amendment’s enactment, the provision that blocks federal money from being used for abortions for women who are covered by Medicaid. The provision, named after Republican Henry Hyde, makes it financially impossible for many low-income women to have an abortion. This leaves them with the options of having an illegal, dangerous procedure, using money that was meant for something else such as rent or food, or carrying on with an unwanted pregnancy.

According to pro-life activists, the policy has saved the lives of “millions of Americans.” The director of National Right to Life, Douglas Johnson, has said it “has proven itself to be the greatest domestic abortion reduction law ever enacted by Congress.”

On Friday social media was filled with conservative opinions saying the Hyde Amendment saved American lives.

Republican Vice Presidential candidate Mike Pence wants to make the Hyde Amendment a permanent law.

But recently more support for abandoning the policy has developed. Hillary Clinton–who also received Planned Parenthood’s first-ever presidential primary endorsement–has spoken out against the provision and made repealing it part of her campaign, saying that abortion is a fundamental human right.

Planned Parenthood released a statement Friday calling for an end to the provision.

Every woman—no matter how much money she makes or who provides her insurance—should be able to access the full-range of reproductive health care, including abortion. Every woman should be able to make her own decisions about pregnancy based on her own unique circumstances, and have the resources she needs to exercise that decision with autonomy and dignity.

And many opinions were voiced on Twitter.

The women affected by the Hyde Amendment are also the ones who are most likely to experience an unwanted or unplanned pregnancy. Ending it would mean increased equality and access to reproductive care for all women.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Irish Woman Seeking Abortion Abroad Livetweets Journey https://legacy.lawstreetmedia.com/blogs/culture-blog/irish-women-abortion-abroad/ https://legacy.lawstreetmedia.com/blogs/culture-blog/irish-women-abortion-abroad/#respond Tue, 23 Aug 2016 19:04:15 +0000 http://lawstreetmedia.com/?p=55043

The procedure is illegal under Ireland's Constitution.

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Image courtesy of [William Murphy via Flickr]

Two women departed from the Dublin Airport at 6:30 in the morning on Saturday. They arrived in Manchester, England, and immediately commuted to an abortion clinic. The women live-tweeted their journey from the account @TwoWomenTravel. The abortion-seeking woman–accompanied by her friend–was one of thousands of Irish women each year who leave their home country each year in hopes of getting the procedure elsewhere. Most commonly, that elsewhere is Wales or England. Abortions are illegal in Ireland, with an exception for cases where the mother faces immediate death.

According to the pair’s final tweet, their purpose for live-tweeting the journey was as follows: “We wanted to show the very ordinariness of the situation-we wanted to show it for what it is; a series of waiting rooms, moments in transit, a sequence of tediums protracted by stigma. No filters, no monologues, just the facts.”

Her abortion was successful–though not after getting turned away from one over-crowded clinic–but the discomfort of journeying away from home for an otherwise routine procedure that is unrestricted in many countries around the world, especially in Europe and the West, was poignant. Since 1983, Ireland–a heavily Catholic country–has outlawed abortions via its constitution’s Eighth Amendment. In 2012, after a woman died when doctors refused her the procedure, an exception was made to the Eight Amendment for women whose lives were in immediate danger.

All others, like the two that flew to England over the weekend, must travel abroad to legally procure an abortion. Those who illegally undergo the procedure in Ireland face up to 14 years in prison. Amnesty International, a human rights organization, deems Ireland’s abortion law as “one of the world’s most discriminatory and punitive.”

In 2015, nearly 3,500 Irish women traveled to Wales or England for an abortion, according to the Irish Family Planning Association. Between 1980 and 2015, roughly 167,000 Irish women traveled to a country abroad seeking an abortion. And though the number of Irish women getting abortions abroad steadily rose from 1980 to the early 2000s, they have been in decline since 2004, and recent annual figures are comparable to those in early 1980s.

Enda Kenny, Ireland’s prime minister, has remained silent on his country’s abortion law, which many have been protesting and demanding a referendum to repeal the amendment. Not everybody was happy about the two women live-tweeting their trip to England. Cora Sherlock, the spokeswoman for Pro Life Campaign Ireland, sent out a tweet on Saturday that said: “It is deeply disturbing that the ending of the life of an innocent, vulnerable human being is being live-tweeted today. Very sad.”

But Simon Harris, the Irish government’s minister for health, took to Twitter to thank @TwoWomenTravel for  “telling story of reality which faces many.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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RantCrush Top 5: August 19, 2016 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-august-19-2016/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-august-19-2016/#respond Fri, 19 Aug 2016 15:50:50 +0000 http://lawstreetmedia.com/?p=54970

Check out today's top stories.

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Image courtesy of [Kevin Gill via Flickr]

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Donald Trump “Art” Installments Causes A Stir

“The Emperor Has No Balls.” That’s what the plaques say under the true-to-size sculptures of a naked Donald Trump that have suddenly appeared in parks across the United States. These statues were obviously meant to mock the hell out of the Republican nominee.

One park, however, did not get the joke and ripped the statue out of the ground almost as soon as it was installed. New York City Parks and Recreation released a statement which, no matter how carefully worded it is, is QUITE the statement: “NYC Parks stands firmly against any unpermitted erection in city parks, no matter how small.”

Take that as you will. NYC Parks took the statue down Thursday.

Rant Crush
RantCrush collects the top trending topics in the law and policy world each day just for you.

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Top 8 Signs from the Whole Woman’s Health Decision Release https://legacy.lawstreetmedia.com/blogs/culture-blog/top-eight-signs-whole-womans-health-decision-release/ https://legacy.lawstreetmedia.com/blogs/culture-blog/top-eight-signs-whole-womans-health-decision-release/#respond Tue, 28 Jun 2016 15:41:54 +0000 http://lawstreetmedia.com/?p=53510

There was no shortage of wit at the release of this decision.

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Image courtesy of Alex Simone for Law Street Media.

Monday morning at 9 AM people were lined up outside of the Supreme Court to finally find out what the decision would be in Whole Woman’s Health v. HellerstedtIn a surprising turn of events, the decision swung in favor of Texas abortion clinics, striking down strict state regulations that had forced around half of the state’s abortion clinics to close in the past few years. When the 5-3 decision was announced, the crowd went wild. Queen’s “We Are the Champions” played; bystanders chanted; families who were just trying to see the Supreme Court on vacation looked confused but excited to be a part of history. This decision has the potential to be monumental in the world of reproductive rights, which may be why it drew such a large crowd of people from all different backgrounds. The morning was historic and, to capture the feeling of what it was like to be there, here are the top eight signs seen outside the Court as the interns were running to retrieve the decision.

#8 Uterus Inc.

Phoebe’s sign is all about pointing out the irony in some conservatives’ opinions. So the government should have no ability to regulate a large corporation, but can tell a woman what she can or cannot do with her body? Perfectly alright.  

Image Courtesy of Alex Simone via Law Street Media

Image Courtesy of Alex Simone for Law Street Media

Alexandra Simone
Alex Simone is an Editorial Senior Fellow at Law Street and a student at The George Washington University, studying Political Science. She is passionate about law and government, but also enjoys the finer things in life like watching crime dramas and enjoying a nice DC brunch. Contact Alex at ASimone@LawStreetmedia.com

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South Carolina Governor Signs Bill Banning Abortions Past 20 Weeks https://legacy.lawstreetmedia.com/blogs/politics-blog/sc-governor-bans-abortions-past-20-weeks/ https://legacy.lawstreetmedia.com/blogs/politics-blog/sc-governor-bans-abortions-past-20-weeks/#respond Thu, 26 May 2016 19:55:40 +0000 http://lawstreetmedia.com/?p=52753

Nikki Haley (R), makes South Carolina the 13th state to do so

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With the swish of her pen, Governor Nikki Haley (R-SC) made South Carolina the 13th state to outlaw abortions once a fetus reaches 20 weeks. There are no exceptions in the case of rape or incest, but the bill does allow for post-20 week abortions if the mother’s life is in danger or if the fetus is “incompatible with sustaining life after birth.”

“It is the purpose of the State to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain,” reads the text of the bill, which was named the Pain-Capable Unborn Child Protection Act.

Reactions from the state’s General Assembly, which passed the bill on May 17, ranged from staunchly supportive to disappointed.

“I believe that an unborn child is human life and therefore I am compelled to be opposed to abortion except if the life of the mother is threatened,” said Senator Chip Campsen (R-Isle of Palms).

“Women’s reproductive rights should not be subject to politics,” said Senator Marlon Kimpson (D-Charleston).

As for the “substantial medical evidence” that a fetus feels pain at 20 weeks, as cited in the bill’s language, studies over the last decade have supported both sides of the argument, and the topic is still highly controversial. For example, a 2005 study by the Journal of the American Medical Association (JAMA) concluded that a fetus does not experience pain until after the third trimester, or at 28 weeks into the pregnancy. The study was not without controversy, however, as two of its authors were found to have ties to pro-abortion groups. One was a lawyer for an abortion rights group, NARAL, for eight months in 1999, and another was a doctor who performs abortions and was the medical director of an abortion clinic.

In her testimony before the U.S. House of Representatives Judiciary Committee in 2012–involving a bill that would ban abortions at 20 weeks within the jurisdiction of Washington D.C.–Colleen A. Malloy, an assistant neonatal professor at Northwestern University Feinberg School of Medicine, presented her finding that fetuses do indeed feel pain prior to 20 weeks, stating:

As early as 8 weeks post-fertilization, face skin receptors appear. At 14 weeks, sensory fibers grow into the spinal cord and connect with the thalamus. At 13-16 weeks, monoamine fibers reach the cerebral cortex, so that by 17-20 weeks the thalamo-cortical relays penetrate the cortex.

But a representative of Charleston Women’s Health Medical Center, one of three abortion clinics in South Carolina, told Law Street that the bill would not have any effect on its practice, as the clinic only provides abortions up to the 13th week of pregnancy.

Last week, the American Congress of Obstetricians and Gynecologists, South Carolina Section sent a letter to Haley, urging her to veto the bill, which they saw as a “large step backward for our state”, stating: “Only a woman and her trusted doctors—not elected officials—should make decisions about her health.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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#FreePurvi: Women’s Health Advocates Rally Around Woman Convicted of Feticide https://legacy.lawstreetmedia.com/blogs/law/freepurvi/ https://legacy.lawstreetmedia.com/blogs/law/freepurvi/#respond Wed, 25 May 2016 15:37:31 +0000 http://lawstreetmedia.com/?p=52681

Patel's team appealed the 20-year sentence she received for terminating her own pregnancy.

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"Pills" courtesy of [Michael Chen via Flickr]

On Monday, an appeals court in Indiana heard arguments for Purvi Patel’s appeal. Patel is a 35-year old woman who received a 20-year prison sentence for feticide after she terminated her own pregnancy in 2013.

Patel was convicted by a jury in February of 2015, and so far has spent over one year of her sentence in an Indiana women’s prison. She is reportedly the first American woman to be sentenced to feticide for attempting to perform her own abortion.

What has complicated Patel’s case is the fact that many of the details still remain ambiguous. What is known is that Patel figured out that she was pregnant through a relationship with a coworker, and feared backlash from her religious Hindu family. Realizing that she had most likely passed the window of time in which she could have received a medical abortion from Planned Parenthood, she ordered some pills online and took them in an attempt to terminate the pregnancy.

After the pills began to cause complications, she arrived at the emergency room, bleeding heavily but no longer pregnant. When pressed further by doctors, she admitted that she left the remains of her abortion in a bag behind a Target store, but alleged that the infant was stillborn.

What remains at debate is whether or not the infant was alive when Patel attempted to terminate the pregnancy; during her trial, prosecutors were able to argue that the infant was still alive at the time that she took the pills, and that it would have survived outside of the womb as she was likely far enough along. This issue is essentially what led to her controversial conviction, and was at the center of Monday’s appeal.

Patel inadvertently became a symbol for women’s health and abortion rights advocates, many of whom rallied behind her prior to Monday’s hearing. As #FreePurvi trended, individuals and groups announced their solidarity with Patel and displayed frustrations with a system that would put such a harsh sentence on the termination of a pregnancy–essentially criminalizing abortion.

Many other reactions highlighted the idea that she was a minority woman, increasing her vulnerability:

It remains to be seen what impact that this appeal will have on her conviction; MSNBC reports that a decision could take months. In the meantime, it looks like Patel has certainly rallied the support of advocates and ordinary individuals who seek to #FreePurvi.

Mariam Jaffery
Mariam was an Executive Assistant at Law Street Media and a native of Northern Virginia. She has a B.A. in International Affairs with a minor in Business Administration from George Washington University. Contact Mariam at mjaffery@lawstreetmedia.com.

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Oklahoma Governor Vetoes Bill That Would Criminalize Abortions https://legacy.lawstreetmedia.com/blogs/politics-blog/oklahoma-vetoes-bill-makes-abortion-felony/ https://legacy.lawstreetmedia.com/blogs/politics-blog/oklahoma-vetoes-bill-makes-abortion-felony/#respond Sat, 21 May 2016 15:24:15 +0000 http://lawstreetmedia.com/?p=52657

The bill went too far.

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"2012 Abortion Protest" courtesy of [Edson Chilundo via Flickr]

Oklahoma Governor Mary Fallin has vetoed the much-criticized bill that would have made performing abortions a felony in the state. This is a relief for women in Oklahoma, who nonetheless still face enormous challenges if they make the decision to have an abortion, in a state that is highly conservative.

Oklahoma’s legislature managed to yet again come up with a bill restricting women’s rights, even though a roaring majority of politicians in the state are men. The bill was passed on Thursday and was the very first of its kind, according to abortion rights group Center for Reproductive Rights, in that it not only banned the procedure but also attached a penalty for a physician who performs an abortion.

Governor Fallin had five days to decide whether to approve or veto the bill, which goes by SB1552. She made up her mind faster than that by announcing her veto on Friday, saying in a statement: “The bill is so ambiguous and so vague that doctors cannot be certain what medical circumstances would be considered ‘necessary to preserve the life of the mother.”

Nancy Northup, president of the Center for Reproductive Rights,  said: “Governor Fallin did the right thing today in vetoing this utterly unconstitutional and dangerous bill.”

But it is still hard for women to access the service of abortion–there are only two clinics in the whole state. Oklahoma has, in fact, been trying to pass laws banning abortions almost every year–and as many as eight of them have been challenged as unconstitutional during the past five years.

Abortion has been legalized nationwide since 1973, and the SB1552 was actually ultimately meant to challenge that, said the bill’s sponsor Republican Nathan Dahm earlier this week. His opinion is that life begins at conception, and it is the duty of the state to protect life from that point on. On Friday, he was reportedly considering taking actions to override the governor’s veto via the legislature.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Planned Parenthood Sues Ohio Over Funding Cuts https://legacy.lawstreetmedia.com/blogs/law/planned-parenthood-sues-ohio-law-will-cut-funding/ https://legacy.lawstreetmedia.com/blogs/law/planned-parenthood-sues-ohio-law-will-cut-funding/#respond Thu, 12 May 2016 14:54:46 +0000 http://lawstreetmedia.com/?p=52466

A new law in Ohio has led to a showdown.

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"Support Planned Parenthood Sign Art" courtesy of [Jason Taellious via Flickr]

Planned Parenthood filed a federal lawsuit on Wednesday against Ohio’s Health Department because of a new law that will cut down funding for the health organization. The law is supposed to come into effect on May 23 and will affect the $1.3 million that Planned Parenthood gets from the state of Ohio–the state is tasked with handing out both federal and state funds to relevant programs and organizations. While this money is only a small portion of Planned Parenthood’s budget, according to the lawsuit, several thousands of patients could miss out on cancer screenings, HIV tests, and more.

Governor John Kasich signed the bill back in February. In the lawsuit, the Ohio branches of Planned Parenthood claim that the law is mere punishment because they provide abortion services, an accusation that Kasich’s office hasn’t commented on yet. They also say that it is a violation of equal protection laws, since it doesn’t treat Planned Parenthood in the same way as other healthcare institutions.

The lawsuit has spurred a variety of different reactions on Twitter:

According to Reuters, Planned Parenthood has filed a total of 15 lawsuits in a little less than a year (since mid-2015). The influx of lawsuits started when a bunch of anti-abortion activists released fake video footage supposedly showing Planned Parenthood officials trying to sell fetal tissue. The video, that actually contained a photo of a stillborn baby and not an aborted fetus, was proved heavily edited and “thoroughly discredited.”

Abortion is still a very sensitive and polarizing subject in the U.S. Forty-one states have some kind of restriction in place on when women are able to get an abortion, meaning only nine states have not specified any prohibition on timing at all. According to Planned Parenthood, three out of 10 American women have an abortion at some point in their life.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-59/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-59/#respond Mon, 02 May 2016 15:59:28 +0000 http://lawstreetmedia.com/?p=52220

Check out the top stories from Law Street!

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Last week’s top stories on Law Street covered Oklahoma’s bill that would revoke abortion doctors’ licenses, the effects of sleep drugs on women, and actress Allison Janney’s return to the White House. ICYMI, check out the top stories below.

1. Bill To Revoke Licenses of Doctors Performing Abortions Passes Oklahoma Legislature

Doctors who perform abortions may be about to have their licenses revoked in Oklahoma if Republican Governor Mary Fallin signs off on SB 1552. The bill passed through both houses of the legislature last week in a vote of 59-9 with 33 abstentions, and is now awaiting the governor’s approval. Fallin has not indicated, however, if she will sign it or not. Read the full article here.

2. Sleep Drugs: What Every Woman Should Know

Sleepless nights; nights full of tossing and turning. It happens to all of us–but for some it’s more frequent than others. In fact, an estimated 50 to 70 million American adults suffer from sleep disorders like insomnia or obstructive sleep apnea. Many turn to prescription sleep medications for relief– but women are more likely to take sleep drugs than men. About 3.1 percent of American men and 5 percent of American women report having used a prescription sleep medication within the last 30 days. What does this use of sleep aids mean for women? Read the full article here.

3. Allison Janney Speaks About Substance Abuse at WH, Fulfills Our “West Wing” Dreams

Allison Janney fulfilled a lot of “The West Wing” fan fantasies today when she went to the White House and briefed the press corps as C.J. Cregg. For those of you who haven’t watched “The West Wing,” Cregg was Janney’s Emmy-winning portrayal of the White House Press Secretary. Also those of you who haven’t watched “The West Wing” should do so immediately, but that’s a whole different point. But Janney’s appearance in the White House briefing room wasn’t just intended to cause nostalgic revelry for fans of the Aaron Sorkin classic. While borrowing current White House Press Secretary John Earnest’s podium, Janney talked about combatting the incredibly serious opioid epidemic in the United States. Read the full article here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Bill To Revoke Licenses of Doctors Performing Abortions Passes Oklahoma Legislature https://legacy.lawstreetmedia.com/news/bill-revoke-licenses-doctors-performing-abortions-passes-oklahoma-legislature/ https://legacy.lawstreetmedia.com/news/bill-revoke-licenses-doctors-performing-abortions-passes-oklahoma-legislature/#respond Mon, 25 Apr 2016 21:27:06 +0000 http://lawstreetmedia.com/?p=52071

Oklahoma is cracking down on abortion in the state.

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Image Courtesy of [PBS NewsHour via Flickr]

Doctors who perform abortions may be about to have their licenses revoked in Oklahoma if Republican Governor Mary Fallin signs off on SB 1552.

The bill passed through both houses of the legislature last week in a vote of 59-9 with 33 abstentions, and is now awaiting the governor’s approval. Fallin has not indicated, however, if she will sign it or not.

Doctors who perform abortions would be barred from obtaining or renewing their medical licenses. However, this bill does make exceptions in the cases of saving the mother’s life–but leaves out cases of rape and incest.

“Oklahoma politicians have made it their mission year after year to restrict women’s access vital health care services, yet this total ban on abortion is a new low,” Amanda Allen, Senior State Legislative Counsel at the Center for Reproductive Rights, which advocates for abortion rights, said in a statement on the organization’s website.

Democratic Representative Emily Virgin, who opposed the bill, was concerned with the effect this bill would have on the number of physicians in the state. “We already have a severe physician shortage in Oklahoma, so are you at all concerned about physicians leaving Oklahoma if this bill becomes law?” she asked the bill’s co-sponsor, Republican Representative David Brumbaugh. He responded, saying, “There’s no way that this will impact the medical community, and we’ve checked through that.”

He was later challenged on the idea that the passage of this bill could lead to legal issues. In fact, the bill itself actually has a clause at the end discussing what would happen in the event that the Constitutionality of this law is challenged:

In the event that any provision of this act is challenged in court in any action alleging a violation of either the Constitution of the United States of America or the State of Oklahoma, the Office of the Attorney General shall determine the amount of state or local funds expended to defend such action. Such determination shall include the number of hours of time spent by any public employee in such defense multiplied by the rate of compensation paid to such employee, as well as the costs of any outside counsel paid for such purpose, and shall include both direct and indirect costs. The Office of the Attorney General shall report such amounts for each calendar quarter to all members of the Legislature.

“Do we make laws because they’re moral and right, or do we make them based on what an unelected judicial occupant might question or want to overturn,” Brumbaugh asked. “The last time I looked, that’s why I thought we had a separation of power.”

The bill also makes it a felony to perform an abortion:

No person shall perform or induce an abortion upon a pregnant woman unless that person is a physician licensed to practice medicine in the State of Oklahoma. Any person violating this section shall be guilty of a felony punishable by imprisonment for not less than one (1) year nor more than three (3) years in the State Penitentiary.

Planned Parenthood responded on Twitter:

Brumbaugh also added during the debate, “If we take care of the morality, God will take care of the economy.” We’ll have to see if the rest of Oklahoma, particularly Governor Fallin, is swayed by that argument.

Julia Bryant
Julia Bryant is an Editorial Senior Fellow at Law Street from Howard County, Maryland. She is a junior at the University of Maryland, College Park, pursuing a Bachelor’s degree in Journalism and Economics. You can contact Julia at JBryant@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-56/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-56/#respond Mon, 11 Apr 2016 15:20:25 +0000 http://lawstreetmedia.com/?p=51807

Check out Law Street's best stories of the week.

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Last week’s top stories again included women protesting Indiana’s abortion bill, as well as a look at Lewis & Clark Law School’s public interest law program and Duke University’s sit-in protests. ICYMI, check out the top stories below.

Periods for Pence: Update Your Governor on Your Menstrual Cycle Today!

Women in Indiana are getting fired up about HEA 1337, a controversial abortion bill signed into law by Indiana Governor Mike Pence this past week. To stand up for what they believe is an infringement on women’s right to privacy, women from all over the state are calling the governor to inform him about their menstrual cycles. Read the full article here.

Advocating with a Passion: Why a Career in Public Interest Law is Worth Considering

Public interest lawyers provide voices to the members of our society who are so often overlooked, help to save the environment, take on oppressive laws, and fight for fairness. If you are a changer-of-the world looking for meaningful work that will feed your desire to make real change, public interest law is a path you should consider. Lewis & Clark Law School, located in Portland, Oregon, has one of the leading Public Interest Law programs in the country, making it a great place for aspiring public interest lawyers to get their start. Read the full article here.

#DismantleDukePlantation: Duke Student Protests Continue

Sit-in protests continue at Duke University, where students are enraged by the actions of some of their school administrators. The protests began last Friday afternoon when nine students occupied the second floor lobby of the Allen Building, home to the school’s administrative offices.Why are Duke students protesting? Read the full article here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-55/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week-55/#respond Mon, 04 Apr 2016 15:02:11 +0000 http://lawstreetmedia.com/?p=51673

Check out Law Street's best stories of the week.

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ICYMI last week’s top stories on Law Street we’re pretty eclectic. Jillian Sequeira analyzed Israel’s efforts to dismantle cults, Sean Simon imagined the Republican party as an actual party, and Alexandra Simone reported on abortion activists phoning Governor Mike Pence to discuss their menstrual cycles. ICYMI keep reading to learn more about each of these top stories.

1. Israel’s Battle to Dismantle Cults: An Inspiration for the Rest of the World?

The Israeli parliament, the Knesset, has recently introduced an anti-cult law designed to dismantle New Age sects of Judaism that are considered explosive forces within the country by the lawmakers trying to regulate them. Take a look at that situation in Israel and how other countries have handled cults in the past in comparison with the proposed Israeli law. Read the full article here.

2. If the Republican Party Was an Actual Party

You open up your email after getting to work on Friday morning, and you see that right above an email from Amazon asking you to finally buy the panini press that’s been sitting on your wish list for months, you have an email from Reince Priebus. Confused, you open the email, and you realize that it’s an evite. “Who uses evites anymore?” you wonder. Read the full article here.

3. Periods for Pence: Update Your Governor on Your Menstrual Cycle Today!

Women in Indiana are getting fired up about HEA 1337, a controversial abortion bill signed into law by Indiana Governor Mike Pence this past week. To stand up for what they believe is an infringement on women’s right to privacy, women from all over the state are calling the governor to inform him about their menstrual cycles. Read the full article here.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Reproductive Rights Breakthroughs in Oregon and California https://legacy.lawstreetmedia.com/blogs/politics-blog/reproductive-rights-breakthroughs-oregon-california/ https://legacy.lawstreetmedia.com/blogs/politics-blog/reproductive-rights-breakthroughs-oregon-california/#respond Sun, 03 Apr 2016 15:54:43 +0000 http://lawstreetmedia.com/?p=51633

Some good news from the West Coast.

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Image Courtesy of [Sarah C. via Flickr]

As reported previously on Law Street, Oregon and California recently passed legislation to allow women seeking certain hormonal contraceptives to bypass a doctor and a prescription and speak with a pharmacist instead in an effort to make contraception more accessible for women.

Women in Oregon were able to start getting these contraceptives prescription-free in January.

As of Friday, the law in California has now been enacted and women can begin to use this service.

Advocates believe that this will make it easier and less costly for women to obtain contraception. The issue of unintended pregnancy has been at the forefront of many discussions now because of the heavy debate on abortion. According to the Guttmacher Institute, almost half of all pregnancies in the U.S. (6.1 million) are unintended. Fifty-four percent of unintended pregnancies in the U.S. resulted from a non-use of any method of contraception.

Obviously, one of the best methods to prevent unintended pregnancy is using some form of contraception. Unfortunately, for some women it is not just as easy as picking it up from their local pharmacy. In most cases, a woman must see a doctor in order to get the prescription they need–costly and sometimes inconvenient or impossible for some women.

There is one key difference between California’s and Oregon’s laws. There is no age-restriction for women seeking contraception in California but in Oregon you must be 18 or older and have obtained your first prescription from a doctor.

Other positive steps were taken this week when the FDA loosened regulations on the abortion-inducing pill mifepristone, now allowing women to request a medication-induced abortion up to 70 days after conception, rather than the previous 49 days. The second drug is also now allowed to be taken at home rather than in the doctor’s office.

This news comes at a time when many clinics have been forced to shut down around the country due to strict abortion laws in many states. The Supreme Court has been hearing testimony, debating the issue and will decide on the constitutionality of these key legislations. But for now, the FDA’s decision is a step in the right direction to lessening the burden on women in some of these states where legislatures are trying to outlaw legal abortion.

There is good news coming out of other parts of the West, too. In Colorado, a program was started in 2011 that aimed to have long-lasting contraception, like IUDs and implants, accessible and free to teenagers. Through this program, by 2013, the rate of teenage pregnancy had dropped 40 percent. However, due to the initial funding running out, Gov. John Hickenlooper asked the state for funding to continue the program. Republican lawmakers said no, but the program has survived through private grants and donations, which was an unexpected win for health providers in the state. As a lot of abortion providers are forced to shutter in many parts of the state, these small reproductive rights victories are key.

Julia Bryant
Julia Bryant is an Editorial Senior Fellow at Law Street from Howard County, Maryland. She is a junior at the University of Maryland, College Park, pursuing a Bachelor’s degree in Journalism and Economics. You can contact Julia at JBryant@LawStreetMedia.com.

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Periods for Pence: Update Your Governor on Your Menstrual Cycle Today! https://legacy.lawstreetmedia.com/blogs/culture-blog/update-governor-menstrual-cycle-today/ https://legacy.lawstreetmedia.com/blogs/culture-blog/update-governor-menstrual-cycle-today/#respond Fri, 01 Apr 2016 19:10:57 +0000 http://lawstreetmedia.com/?p=51629

Ring, ring, Governor Pence.

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"Phone" courtesy of [Sam Carpenter via Flickr]

Women in Indiana are getting fired up about HEA 1337, a controversial abortion bill signed into law by Indiana Governor Mike Pence this past week. To stand up for what they believe is an infringement on women’s right to privacy, women from all over the state are calling the governor to inform him about their menstrual cycles.

The bill, which passed in the Indiana House earlier this month by a vote of 60-40, prohibits abortions based purely on sex, race, national origin, or disability of a fetus, as well as imposes several other harsh restrictions on women in attempt to lower rates of abortion in the state of Indiana. In the words of Republican Representative Sean Eberhart, who claims to be “as pro-life as they come,” the vote on this bill “is a perfect example of a bunch of middle-aged guys sitting in this room making decisions about what we think is best for women.”

The over involvement of middle-aged white men is what women in Indiana, and all across the country, are worried about and exactly why they started the Pence Period Phone Hotline.

This group, Periods for Pence, was created following Mike Pence’s signing of HEA 1337 to let the governor know how women feel about his intrusive bill. Both the Facebook and Twitter accounts are encouraging women to call the governor and give reports about the state of their periods so he can be as informed as possible, since he seems so concerned with the safety of women’s health.

The Facebook account, which features messages sent in by women who have called the governor, has post after post of hilarious conversations between these women and the people answering phones in the governor’s office. In one such post, a woman called the office and the conversation went as follows:

Them: “Good Morning, Governor Pence’s office”
Me: “Good Morning. I just wanted to inform the Governor that things seem to be drying up today. No babies seem to be up in there. Okay?”
Them: (Sounding strangely horrified and chipper at the same time) “Ma’am, can we have your name?”
Me: “Sure. It’s Sue.”
Them: “And your last name?”
Me: “Magina. That’s M-A-G-I-N-A. It rhymes with–”
Them: “I’ve got it.”
*Click*

When she called back a few minutes later, she was transferred directly to a voicemail where she left a message:

Hello, this is Sue Magina again. I just hit a pothole on I-70. It was a doozy! I’m worried it might have shaken something around up in there, and I wanted to make sure that was addressed in this new abortion law. I knew Governor Pence would be worried. Thanks.

While what these women are doing is certainly funny, there is also a deeper and more serious meaning behind the movement. Women in the state of Indiana and the country as a whole are tired of men in legislative bodies making all the decisions about what they can and cannot do with their own bodies. While these men may claim to have women’s best interest in mind, they have no idea what it’s like to be a woman or face the health issues women deal with on a daily basis. This movement calls their bluff by making a satirical statement and simultaneously educating the governor’s office about individual differences in menstrual cycles from woman to woman.

Women are working their ways up in this world, but, unfortunately, we are still the minority in most, if not all, legislative bodies. As a result men are making a majority of legislative decisions about our health and bodies and it’s time to speak out about why that’s wrong. Because, at the end of the day, the reality of this situation is that it’s not the Governor of Indiana or any other man who is affected by these laws–it’s women!

So, go ahead. Call male representatives making decisions about women’s health in your state and let them know all the dirty details of your menstrual cycle so they can make more informed decisions in the future and better understand exactly what their laws mean for all of us. Let’s make state and national policies that work for all of us.

Alexandra Simone
Alex Simone is an Editorial Senior Fellow at Law Street and a student at The George Washington University, studying Political Science. She is passionate about law and government, but also enjoys the finer things in life like watching crime dramas and enjoying a nice DC brunch. Contact Alex at ASimone@LawStreetmedia.com

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Indiana Is About To Pass An Ultra-Restrictive Abortion Law https://legacy.lawstreetmedia.com/blogs/law/indiana-pass-ultra-restrictive-abortion-law/ https://legacy.lawstreetmedia.com/blogs/law/indiana-pass-ultra-restrictive-abortion-law/#respond Wed, 16 Mar 2016 14:03:55 +0000 http://lawstreetmedia.com/?p=51286

It's a TRAP law.

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"Mike Pence" courtesy of [Gage Skidmore via Flickr]

Texas isn’t the only state that is trying to limit a woman’s right to her own body.

Last week, Indiana’s state legislature passed HB 1337,  a bill that will severely restrict access to abortions in Indiana, and it’s now on its way to Governor Mike Pence’s desk. Like the Texas bill that is currently in front of the Supreme Court (and completely condemned by Justice Ruth Bader Ginsburg), HB 1337 proposes to establish several TRAP (Targeted Regulation of Abortion Providers) rules that would, in effect, shut down all but a few clinics that offer abortion services, and make abortion procedures even more costly for pregnant women and facilities.

reaction

Among many regulations, HB 1337:

Prohibits a person from performing an abortion if the person knows that the pregnant woman is seeking the abortion solely because of: (1) the race, color, national origin, ancestry, or sex of the fetus; or (2) a diagnosis or potential diagnosis of the fetus having Down syndrome or any other disability.

This provision is complicated because (1) It is not the business of anyone but the individual woman as to the reason for the abortion, and (2) It means that a woman’s motive has to be proven before the abortion can be performed. If a physician has any reason to believe the woman is seeking an abortion because of the child’s race, sex, or mental handicap, she can be turned away. It doesn’t matter if she was raped, or if the child’s life would be severely limited or impaired.

The bill goes on to require that

Pregnant women considering an abortion must be given the opportunity to view the fetal ultrasound imaging and hear the auscultation of the fetal heart tone at least 18 hours before the abortion is performed and at the same time that informed consent is obtained.

So, not only does this hypothetical woman in Indiana who has made this difficult decision have to prove she is not having an abortion because of the race/sex/mental state of the fetus, but she must now be forced to listen to the heartbeat of that fetus and have an ultrasound (a procedure not wholly covered by insurance), after which she will be forced to see the fetus. After that emotional and costly ordeal, she must wait 18 hours before she can have the abortion. Which leads us to a TRAP (literal and figurative) for both abortion-seekers and abortion clinics: HB 1337:

Provides that a written agreement between a physician performing an abortion and a physician who has written admitting privileges at a hospital in the county or contiguous county concerning the management of possible complications of the services must be renewed annually.

What are admitting privileges? Basically, hospitals keep a list of doctors and clinics that are allowed to admit patients to that hospital. The reasoning behind this TRAP is supposedly in case complications arise from the abortion procedure. Okay, that’s fair. However, given that the majority of abortions are performed by taking a pill, and abortions are safer procedures than having a routine colonoscopy, asking every clinic that offers abortions to also pay for expensive admitting privileges means that many of those clinics will not be able to run. Meaning there will be fewer clinics, and they are farther away, so that hypothetical woman from before who is waiting 18 hours for an abortion is probably doing that waiting in a hotel room that she has paid for out of pocket.

But what really slams the nail into the metaphorical coffin of Indiana abortion services is one of the last provisions HB 1337 makes, which says “a miscarried or aborted fetus must be interred or cremated by a facility having possession of the remains.”

And who do you think is paying for those services? Exactly. This woman, after being subjected to the emotional and expensive journey to her nearest abortion clinic, must now fork over even more money to the facility performing her abortion to bury or cremate the unborn fetus.

Now that the bill has reached the governor’s desk, all he has to do is sign it for this hypothetical to become a reality. It may be too late for Indiana, but women’s rights cannot continue to be stripped away like this in states that disguise oppression as protection. It is unconstitutional, and it must stop.

Morgan McMurray
Morgan McMurray is an editor and gender equality blogger based in Seattle, Washington. A 2013 graduate of Iowa State University, she has a Bachelor of Arts in English, Journalism, and International Studies. She spends her free time writing, reading, teaching dance classes, and binge-watching Netflix. Contact Morgan at staff@LawStreetMedia.com.

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Down With Girl Scout Cookies: Did you Join the Cookiecott? https://legacy.lawstreetmedia.com/blogs/culture-blog/girl-scout-cookies-join-cookiecott-today/ https://legacy.lawstreetmedia.com/blogs/culture-blog/girl-scout-cookies-join-cookiecott-today/#respond Mon, 29 Feb 2016 21:14:00 +0000 http://lawstreetmedia.com/?p=50898

Girl scout cookies = delicious. Cookiecot = silly.

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Image courtesy of [Tom Simpson via Flickr]

Welcome to 2016! We are living in a world where Donald Trump is running for president (and doing surprisingly well), mermaid tails are readily available on the internet, oh, and Girl Scout cookies are being actively boycotted by pro-life groups. Because, really, there’s nothing more evil in this world than a delicious box of Thin Mints or your adorable next-door neighbor, Susie the Girl Scout, trying to sell you cookies.

The movement against these cookies, dubbed a “cookiecott” when it began last year, was started because pro-life groups are upset by supposed recent ties between the Girl Scouts of the USA and pro-choice advocates. As the cookie season has kicked into full swing this year, so have the protesters. On their website, the cookiecotters specifically point out that the World Association of  Girl Guides and Girl Scouts (WAGGGS) “aggressively promotes youth reproductive/abortion and sexual rights.” I don’t know about you all, but I fondly remember my own days as a Girl Scout, where my troop leaders reminded me daily about my right to an abortion as an eight-year-old troop member.

The group also cites several organizations that the Girl Scouts have relationships with as serious concerns; the Coalition for Adolescent Girls is one of those “troubling” partnerships. I’m having a really hard time seeing the problem with (to quote the mission statement on the front page of the organization’s website) “a member-led and driven organization dedicated to supporting, investing in, and improving the lives of adolescent girls.” You’ve got me, cookiecott supporters. How DARE the Girl Scouts of America promote the improvement of the lives of young women!

Leaders of the anti-cookie movement also claim that the Girl Scouts have a historical relationship with Planned Parenthood, but there is little to no evidence that this relationship actually exists. In fact, on the website for the Girl Scouts of the USA there is a direct statement in the FAQ’s that the organization does not have a relationship or partnership with Planned Parenthood. Honestly, even if there was any evidence that the Girl Scouts of the USA did partner with Planed Parenthood–which, other than rumors and right-wing gossip, there’s not–are we really back on the anti-women’s health organization bandwagon? I had really hoped we ended this debate months ago when we talked about all the services Planned Parenthood provides for young women on a daily basis. If anything, the Girl Scouts should be commended if they promote organizations that support women’s rights and provide affordable health services to women all over the country who need them.

In case you still haven’t been convinced by their argument yet, I’ve got a treat for you. Please sit through this excruciating six minute and 14 second video of a mind-numbingly boring midwestern mom explaining exactly why you can’t trust the Girl Scouts or their cookies. Trust me, it’s worth it.

To a certain extent, their arguments almost make sense. The Girl Scouts are tangentially connected to some groups who also happen to be connected to the pro-choice movement, just like the tweet below suggests.

Yes, the group has held events with speakers like Hillary Clinton and Betty Friedan, who are known for their feminist ideas and support of pro-choice policies. Yes, it may have ties to organizations with pro-choice beliefs. But, what I fundamentally do not understand about this whole argument is the fact that the organization has in no way taken a pro-choice stand on abortion, or any stand, for that matter. I don’t know where these cookie haters are getting their information, or how they have the self control to say no to Girl Scout cookies, but I think the whole thing is a little ridiculous. Girl Scout cookies are pretty much the most positive thing I can think of–they even made an appearance at the Oscars last night! So, let’s stop this cookiecott nonsense and get back to supporting an organization that motivates and supports girls and young women nationwide.

Alexandra Simone
Alex Simone is an Editorial Senior Fellow at Law Street and a student at The George Washington University, studying Political Science. She is passionate about law and government, but also enjoys the finer things in life like watching crime dramas and enjoying a nice DC brunch. Contact Alex at ASimone@LawStreetmedia.com

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Ohio Governor John Kasich Signs Bill that Will Defund Planned Parenthood https://legacy.lawstreetmedia.com/blogs/politics-blog/ohio-governor-john-kasich-signs-bill-defund-planned-parenthood/ https://legacy.lawstreetmedia.com/blogs/politics-blog/ohio-governor-john-kasich-signs-bill-defund-planned-parenthood/#respond Mon, 22 Feb 2016 22:33:08 +0000 http://lawstreetmedia.com/?p=50803

So much for the so-called moderate candidate.

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"John Kasich" Courtesy of [Marc Nozell via Flickr]

The Republican presidential candidate that many had previously hailed as the most moderate GOP contender signed a bill Sunday to prohibit the Ohio state health department from contracting with entities that perform or promote abortions.

John Kasich, the Governor of Ohio and presidential hopeful, fulfilled his promise to defund Planned Parenthood, even though the healthcare provider is not specifically named in the bill. However slashing funds is one way that lawmakers plan to get rid of the healthcare provider, which just happens to refer patients to and provide abortion services.

The law will prevent roughly $1.3 million in funding from the Ohio State Health Department from going to STD/HIV testing, general health screenings, and prevention of violence against women. 

It should be noted that state and federal laws already prohibit taxpayer funds from going towards abortion services, except in the cases of rape, incest, and “therapeutic” abortions (medical diagnosis to save the mother via abortion).

@CNN @JohnKasich How about letting the women in this country dictate things?

Planned Parenthood President Cecile Richards responded to the news, not surprisingly, unhappy and disappointed.

“It’s clear Kasich has no regard for women’s health or lives, and will stop at nothing to block health care for the tens of thousands of Ohioans who rely on Planned Parenthood,” Richards said in a statement. She added that it would have “devastating consequences for women across Ohio.”

While many see Kasich as the great moderate of the election season, his voting record when it comes to abortion says otherwise. As the Huffington Post has reported:

Just months after becoming governor, Kasich signed a bill banning abortions after 20 weeks of pregnancy unless the fetus is nonviable. In 2013, Kasich signed a budget that stripped roughly $1.4 million in family planning funds from Planned Parenthood, required abortion providers to perform ultrasounds on patients seeking abortions and allowed rape crisis centers to be stripped of their public funds if they referred victims to abortion providers, among other measures. The budget also blocked public hospitals from entering into transfer agreements for medical emergencies with abortion clinics, threatening clinics with closure if they couldn’t get a private hospital to enter into those agreements. Because private hospitals often have religious affiliations, this arrangement often wasn’t possible.

In all, nearly half of Ohio’s abortion clinics have closed since Kasich took office.

Kasich’s gubernatorial office spokesman Joe Andrews responded in a statement with:

The Ohio Department of Health has at least 150 other sub-grantees and contractors for the affected grants and projects addressing such issues as new born babies, infant mortality, expectant mothers, violence against women, and minority HIV/AIDS,” the statement said. “ODH will reallocate funding from ineligible providers under the new law to other currently eligible providers, ranging from local health departments and community organizations to hospitals and universities. These organizations will be required to submit proposals in order to receive funding.

The issues that arise from Kasich’s signing of the bill go past clinics not having proper funding. This goes as far as to cause issues with insurers and hospitals. As Cleveland.com reports, “…the Columbus Public Health department said it would be unable to contract with any Columbus hospital because they either provide abortion services, contract with abortion clinics, or refer patients to abortion services.”

In addition, Texas is a great example of what can happen when you remove a major women’s health service from Medicaid plans. Recently, women in Texas stopped using the most effective forms of contraceptives, and the birth rate rose (on the taxpayer’s tab), according to a study done by researchers from the University of Texas at Austin. According to researchers, the number of claims for long-acting contraception dropped by more than a third and births paid for by Medicaid shot up by 27 percent.

Of course, there is no way of saying definitively that this will happen in Ohio as well, but it would not come as a shock. As Guttmacher Institute’s Elizabeth Nash stated, “It’s one of the states people look to, to see what the next restriction is going to look like.”

Julia Bryant
Julia Bryant is an Editorial Senior Fellow at Law Street from Howard County, Maryland. She is a junior at the University of Maryland, College Park, pursuing a Bachelor’s degree in Journalism and Economics. You can contact Julia at JBryant@LawStreetMedia.com.

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Permission Slips for Viagra? Kentucky Rep. Gives Men a Taste of Their Own Medicine https://legacy.lawstreetmedia.com/blogs/politics-blog/permission-slips-viagra-kentucky-representative-gives-men-taste-medicine/ https://legacy.lawstreetmedia.com/blogs/politics-blog/permission-slips-viagra-kentucky-representative-gives-men-taste-medicine/#respond Mon, 15 Feb 2016 21:03:49 +0000 http://lawstreetmedia.com/?p=50660

Trolling in the Kentucky legislature.

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"One day" courtesy of [Felix E. Guerrero via Flickr]

In an attempt to match some of the sexist legislation that’s been passed in state legislatures lately, a Kentucky state representative has drafted a bill to create several new hoops for men to jump through in order to purchase drugs that treat erectile dysfunction.

Representative Mary Lou Marzian wants to use her bill, HB 396, to call attention to the amount of intervention into women’s health rights from the primarily male General Assembly of Kentucky. She condescending phrases back at the men who use similar arguments to defend their anti-abortion legislation. Saying things like, “this is about family values” and “I want to protect these men from themselves,” whenever she talks about why she decided to craft this bill.

The bill itself has whereas clauses that stipulate the potential risks of taking drugs like Viagra and Cialis and a well thought out list of regulations that will be placed on men trying to buy these drugs if the bill is passed. What are these regulations? There are four in total:

  1. Men will have to consult a doctor on two separate occasions before getting a prescription for these drugs.
  2. These drugs will only be prescribed to married men.
  3. Men will need to have a letter of consent from their spouse in order to get a prescription.

And the kicker:

4. Men will have to make a sworn statement, with their hand on a bible, saying that they will only use the drug for sexual relations with their own wife.

Marzian’s bill is specifically meant to attack another piece of legislation known as the informed consent bill, which was signed into law earlier this month by Kentucky’s Governor, Matt Bevin. That law requires women who are considering an abortion to meet with a doctor–either in person or via video–within 24 hours of going to have this abortion. The law, which was drafted and passed almost exclusively by men, is supposedly an attempt to create a state that places a greater emphasis on family values. Rep. Marzian, a Democrat from Louisville,  that Republican lawmakers frequently use these positions on abortion as talking points to improve their chances of reelection. She’s concerned with the way they frame the abortion restrictions in terms of support for :

They say they’re about protecting the family, but they won’t vote to regulate booster seats, to enforce smoking bans or for early child education.

In reality, what this bill actually does is place more requirements on women trying to get an abortion, essentially shaming them for an already potentially traumatizing procedure. These bills may not be as focused on family values as the legislature might like to claim.

What has the response to her tongue-and-cheek proposal been like? Some people don’t get it; they think that Rep. Marzian’s legislation is a bill that will likely become a law, rather than a clever form of social commentary. On Facebook, comments have gotten heated. Some readers argue that the government needs to get out of our personal lives, claiming that it’s pretty frightening that a representative thinks that filling a prescription and abortion are the same. Clearly, those commenters just don’t get it.

Just like Leslie Knope shaming men holding “Yes All Men” and “Protect HIStory” signs at a political rally, Rep Marzian is calling out the hypocrisy of men telling women what they can and can’t do with their bodies, claiming they are just doing what they know is best for us. The bottom line is, we have got to move past this whole protector image that old white men in the government have of themselves. Women are doing just fine and know how to make decisions about their own health; we certainly don’t need men protecting us from ourselves.

Though no one expects it to actually go anywhere, the bill provokes an interesting discussion and is a brilliant way to call out the instances of sexism that we see so often in our legislatures today. Word on the street is that this liberal Kentucky representative isn’t done yet, either. She supposedly has plans in the work to introduce a new bill requiring people wanting to obtain a gun permit to talk to victims of gun violence 24 hours before receiving the permit. I guess trolling state legislators may just be the new way to get things done and make a statement these days–keep it up, Mary Lou!

Alexandra Simone
Alex Simone is an Editorial Senior Fellow at Law Street and a student at The George Washington University, studying Political Science. She is passionate about law and government, but also enjoys the finer things in life like watching crime dramas and enjoying a nice DC brunch. Contact Alex at ASimone@LawStreetmedia.com

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North Carolina’s New Abortion Regulations are Fracturing Privacy https://legacy.lawstreetmedia.com/blogs/politics-blog/north-carolina-new-abortion-regulation-fracturing-privacy/ https://legacy.lawstreetmedia.com/blogs/politics-blog/north-carolina-new-abortion-regulation-fracturing-privacy/#respond Wed, 13 Jan 2016 18:54:26 +0000 http://lawstreetmedia.com/?p=50001

Roe v. Wade highlighted the importance of privacy.

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Image courtesy of [TheeErin via Flickr]

The right to privacy has always weighed heavily in the legalization of abortion. In the landmark Roe v Wade (1973) decision, the Supreme Court granted women the right to an abortion  under the Due Process clause of the 14th Amendment. But, on January 1, a new regulatory law passed in North Carolina. The law requires doctors to send the ultrasounds of women receiving abortions between the 16-20th week of their pregnancies to the state Department of Health and Human Services (DHHS), as a way to ensure abortions happen before the 20th week of pregnancy. The law leaves the doctors responsible for leaving off the patient’s identifiable information. But those in opposition of the law question its purpose and criticize its breach of privacy.

Since abortion became legal in 1973, states have been tasked with a responsibility to balance the rights of women’s choices and the rights of potential human life. A spokesman for Governor Pat McCrory of North Carolina suggests the new law protects women by ensuring medical professionals use proper safety precautions in procedures. However, at the same time it denies these women and their doctors privacy.

Many citizens of North Carolina feel betrayed by the bill because of a promise Governor McCrory made during his campaign. During a 2012 debate McCrory said he would not sign legislation on further abortion restrictions while governor. Yet, the new law also extends the waiting period for abortions from 24 hours to 72 hours.

Melissa Reed is president of Planned Parenthood Votes! South Atlantic, and has been vocal in opposition to this law. She contends that state officials already have access to ultrasounds and other patient statistical data through yearly inspections. That method of yearly inspections makes more sense than the law being enacted. Under the new law, the ultrasounds, along with the estimated gestational age, will be checked by a board certified obstetrician in the DHHS for compliance with the 20 week provision. Some tax payers don’t want state money to go to abortion, but they are instead now funding the paycheck of the person responsible for reviewing the ultrasounds of thousands of women.

People in support of the new legislation find solace in the protection of fetuses older than 20 weeks. The Daily Journal quotes Tami Fitzgerald, an anti abortion advocate in North Carolina, stating,

The whole purpose of this ultrasound provision is to be a check on the abortion industry to make sure they’re not violating the law and rights of these unborn babies that are older than 20 weeks to live.

Per the Supreme Court, states must weigh privacy against other legitimate interests–protecting women’s health and potential human life. But regulation on the part of protecting potential human life can be performed in a less abrasive way than mandating the collection of intimate health records. It undermines the privacy for which the Supreme Court granted protection to women for abortions in the first place.

Dorsey Hill
Dorsey is a member of Barnard College’s class of 2016 with a major in Urban Studies and concentration in Political Science. As a native of Chicago and resident of New York City, Dorsey loves to explore the multiple cultural facets of cities. She has a deep interest in social justice issue especially those relevant to urban environments. Contact Dorsey at Staff@LawStreetMedia.com.

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Let’s Call the Planned Parenthood Attack What it Was: Domestic Terrorism https://legacy.lawstreetmedia.com/blogs/culture-blog/call-the-planned-parenthood-attack-what-it-was-domestic-terrorism/ https://legacy.lawstreetmedia.com/blogs/culture-blog/call-the-planned-parenthood-attack-what-it-was-domestic-terrorism/#respond Mon, 30 Nov 2015 21:29:28 +0000 http://lawstreetmedia.com/?p=49291

Words have power--let's use them.

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Image courtesy of [Charlotte Cooper via Flickr]

On Friday, Robert Lewis Dear Jr. was taken into custody after attacking a Planned Parenthood clinic in Colorado Springs, Colorado. Three people–two civilians and one police officer–were killed and nine others were wounded. News outlets are reporting that Dear told the police who arrested him “no more baby parts,” presumably in reference to the heavily edited videos about Planned Parenthood released this summer by the Center for Medical Progress, but there are still a lot of questions about his exact motives. But despite the fact that there’s still plenty of questions, that shouldn’t stop us from labeling Dear’s actions for what they were: domestic terrorism.

That’s not to say that plenty of writers, journalists, commentators, and politicians haven’t called it domestic terrorism. Many have turned to the FBI’s definition of domestic terrorism to make their case, which is compelling. It reads:

‘Domestic terrorism’ means activities with the following three characteristics:

Involve acts dangerous to human life that violate federal or state law;

Appear intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination. or kidnapping; and

Occur primarily within the territorial jurisdiction of the U.S.

But many others have stopped short of that designation, referring to Dear’s crimes as murder, or as Attorney General Loretta Lynch called it a, “crime against women receiving healthcare services at Planned Parenthood.” While “murder” and “crime” are correct, they whitewash the fact that Dear does appear to have had a political motive.

Because even if Dear does have serious mental health problems, he clearly went in with the intent of coercing either the government or Planned Parenthood in some way. I’m having a hard time buying the argument that he was just a crazy guy who randomly chose Planned Parenthood; that he wasn’t convinced by some political, social, or moral reason that his attack was justified. Perpetrators of attacks on this level, such as mass shooters, are rarely totally mentally stable, but that doesn’t keep them from being held accountable for their actions. Dear’s defense team could, of course, argue the insanity defense, but that is a very difficult burden to meet. In short, just because Dear may not have been all there doesn’t preclude him from being charged with domestic terrorism.

The DOJ is still looking into Dear’s actions and it looks likely that the agency will designate it as domestic terrorism. But the state of Colorado will be trying Dear first, and there’s no indication right now that it’s going to charge him with domestic terrorism. That’s a shame, and it’s wrong.

Now, some have called Dear a domestic terrorist, including presidential hopeful Governor Mike Huckabee. He stated:

What he did is domestic terrorism, and what he did is absolutely abominable, especially to us in the pro-life movement, because there’s nothing about any of us that would condone or in any way look the other way on something like this.

That’s a good first step, and recognizes that disagreeing with Planned Parenthood and condemning Dear’s actions for what they were aren’t mutually exclusive. Hopefully more presidential hopefuls will join Huckabee in correctly pinning Dear’s crime as domestic terrorism.

So, why is it so important that Dear’s crime be labeled as domestic terrorism? There’s a lot of reasons, including the double standard that happens in our society when we attribute terrorism almost exclusively to those of Middle Eastern descent, yet often focus on the “mental illnesses” of white perpetrators of terror. Additionally, as Huckabee implies, it’s possible to view Dear’s attack as domestic terrorism, while still disagreeing with Planned Parenthood and abortion. But if nothing else, this needs to be labeled as domestic terrorism, because Dear deserves to be indicted and tried for the crimes he committed, and absolutely nothing less.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Women Challenge Abortion Stigma on Social Media Using #ShoutYourAbortion https://legacy.lawstreetmedia.com/blogs/culture-blog/women-challenge-abortion-stigma-social-media-using-shoutyourabortion/ https://legacy.lawstreetmedia.com/blogs/culture-blog/women-challenge-abortion-stigma-social-media-using-shoutyourabortion/#respond Thu, 24 Sep 2015 17:44:10 +0000 http://lawstreetmedia.com/?p=48230

Here are some of their stories.

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Image Courtesy of [Steve Rhodes via Flickr]

A recent survey from the Public Library of Science found that 95 percent of women who have had an abortion don’t regret their choice. However, rarely is that choice ever advertised out of fear of public scrutiny and harassment. That may soon change. A new trending hashtag is combating the stigma of abortions by encouraging women to share their stories on social media using the #ShoutYourAbortion.

It all started when Seattle writer Amelia Bonow mustered the courage to share her experience having an abortion  on Facebook. She was inspired after hearing about Republicans in Congress attempting to defund Planned Parenthood, and felt a need to act.

She told Vice that after writing the post she texted her friend, writer Lindy West, about it, and West took a screen-shot of her post and tweeted it to her more than 60,000 followers with their agreed hashtag #shoutyourabortion.

Women quickly began reacting to the tweet by favoriting it and even sharing their own abortion stories highlighting the impact their decision had on their lives.  Here are some of the stories women bravely shared using the hashtag:

 

But I think this woman silenced opponents perfectly in one tweet saying,

The hashtag trended for a few days, in the middle of an intense political debate over Planned Parenthood funding. While the political conversation is still in the works, women who participated in the #ShoutYourAbortion hashtag certainly made their voices heard.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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The Planned Parenthood Debate is Not About Abortion, It’s About Women’s Healthcare https://legacy.lawstreetmedia.com/blogs/politics-blog/planned-parenthood-debate-not-abortion-womens-healthcare/ https://legacy.lawstreetmedia.com/blogs/politics-blog/planned-parenthood-debate-not-abortion-womens-healthcare/#respond Wed, 23 Sep 2015 12:46:08 +0000 http://lawstreetmedia.wpengine.com/?p=48216

This is about more than earning political points.

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Image courtesy of [Charlotte Cooper via Flickr]

Like most elections in recent history, the hot button topics politicians use to illicit an emotional response from voters include education, immigration, and healthcare. Yes, we’ve all heard about Trump wanting to build a wall along the Mexico border. We have developed hope for Bernie Sanders’ plan to decrease student loans.  We have heard one Republican after another decry Planned Parenthood for its supposedly illegal and morally questionable actions.

But the issue is bigger than Planned Parenthood. For many people, Planned Parenthood is a safe, reliable, and cost-effective solution that provides necessary men and women’s healthcare. It performs safe, legal abortions, yes, but more than that provides counseling, exams, pre- and post-natal care to pregnant women, as well as more general healthcare needs.

Again, the issue here is not what Planned Parenthood does or does not do. It’s a deeper problem of government bodies thinking it is okay to prevent women from having control over their own bodies and healthcare. It is not the job of Congress to tell a woman what she can and cannot do with her own body. That should be between her and her doctor WHEREVER she chooses to receive healthcare. Why should women who choose Planned Parenthood as their primary source of healthcare be denied these very beneficial services because some people in the government disagree with one of those services?

Protesters of Planned Parenthood think the organization should not receive federal funding because it performs abortions. Yes, it receives money from the government. As do all other non-profit, public health services. Planned Parenthood receives over one-third of its yearly funding from federal sources, but none of that can be legally allocated to abortion services, so that argument falls flat. Any money it receives from the government goes toward the very real need for reliable and affordable healthcare.

Republicans and Pro-Lifers like to cite the recent smear campaign videos that came out about the Planned Parenthood clinics. Carly Fiorina even used those videos as support for her arguments during the last debate.  Unfortunately for Fiorina, the scenes she talked about don’t exist, and the videos have been doctored. Planned Parenthood is not illegally harvesting and selling fetal tissue. But that truth has largely been ignored.

Let me repeat: those videos were discredited. Yet, they keep coming up. Why? Because they cause a reaction, and politicians know that a majority of people will go with emotions first and check facts later.

But we must check facts, because otherwise organizations that help people–like Planned Parenthood–die out, and thousands of women will suffer the consequences.

Next time someone decides to justify taking funding away from Planned Parenthood by citing its abortion services, which aren’t even funded by their federal grants, tell them the facts. Abortion services are only a small percentage of the many healthcare options the clinics offer, and your tax money does not go to them. Think about the women who rely on those clinics to receive life-saving care, and remember that not everything that comes out of a politician’s mouth is true.

Morgan McMurray
Morgan McMurray is an editor and gender equality blogger based in Seattle, Washington. A 2013 graduate of Iowa State University, she has a Bachelor of Arts in English, Journalism, and International Studies. She spends her free time writing, reading, teaching dance classes, and binge-watching Netflix. Contact Morgan at staff@LawStreetMedia.com.

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The Planned Parenthood Controversy Won’t Change the Abortion Debate https://legacy.lawstreetmedia.com/blogs/politics-blog/the-planned-parenthood-controversy-wont-change-the-abortion-debate/ https://legacy.lawstreetmedia.com/blogs/politics-blog/the-planned-parenthood-controversy-wont-change-the-abortion-debate/#respond Fri, 28 Aug 2015 17:33:53 +0000 http://lawstreetmedia.wpengine.com/?p=47377

A debate without any winners or losers.

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Image courtesy of [women's enews via Flickr]

Planned Parenthood has long been a divisive organization in national politics, but it received particularly focused and intense ire after a group called the Center for Medical Progress released a series of videos reportedly showing PP’s inappropriate behavior. The videos sparked renewed protests, calls to defund the organization, and plenty of political talking points for the seemingly limitless field of primary candidates. Now, an independent analysis has reported that videos were heavily edited. Unfortunately, that probably won’t slow the controversy.

The argument over Planned Parenthood isn’t over the organization itself, it’s over abortion. Abortion as a political issue has an almost uniquely solidified history. Many social issues in the United States have seen marked changes in support over the years, but the percentages of the population that are pro-choice or pro-life, or somewhere in between, have remained remarkably consistent since Roe v. Wade legalized abortion in 1973. According to Gallup, from 1975-2015, somewhere between 48-55 percent of Americans have reported that they believe that abortion should be legal only under certain circumstances. The percentage of the population that believes it should be illegal under all circumstances is exactly the same today as it was in 1975, at 19 percent, with some fluctuation into the mid teens and low twenties over the years. Those who believe it should be legal under any circumstances has also seen relatively little change, hovering somewhere in the 20-30 percent range for the past 40 years. While obviously individual opinions change over the years, and the simple comparison of numbers from vaguely worded polls should be taken with a grain of salt, it’s safe to say that overall the American population really hasn’t altered its beliefs as a whole much. The rhetoric and arguments used in 1975, and 1995, and 2015 all look fairly similar.

When opinions are so firmly engrained, and when we’re so used to something being a constant debate, it’s really easy to feel confirmation bias. We look for information that validates our world view, and explain away information that does not. That’s where it seems we are with the Planned Parenthood video debate right now. An independent group–Fusion GPS, based in Washington D.C., has said that the videos were altered and are inaccurate representations of the events. Fusion GPS stated about the videos:

A thorough review of these videos in consultation with qualified experts found that they do not present a complete or accurate record of the events they purport to depict.

Meanwhile, the Center for Medical Progress claim that the discrepancies only came from negligible sources such as bathroom breaks, or waiting periods between meetings, saying:

The absence of bathroom breaks and waiting periods between meetings does not change the hours of dialogue with top-level Planned Parenthood executives eager to manipulate abortion procedures to get high-quality baby parts for financially profitable sale.

So, who’s right? Well quite frankly, it doesn’t really matter. Those who believe in Planned Parenthood’s mission and the importance of a woman’s right to choose aren’t going to change their minds based on the Center for Medical Progress’s explanation. And those who demonize Planned Parenthood and believe that abortion is morally wrong aren’t going to change their minds on abortion just because the videos were seemingly hoaxes.

If anything, this renewed debate only serves one, depressing, singular purpose–to bring up the question during a long, arduous, and increasingly nasty primary election. It was the perfect catalyst for multiple inquiries during the first Republican debate, and continues to be a sticking point for many of the candidates on both sides of the aisle. Most recently, Hillary Clinton’s comments about how pro-life Republicans are wrong for America have fired up the debate even more, when she stated:

Extreme views about women, we expect them from some of the terrorist groups, we expect that from people who don’t want to live in the modern world, but it’s a little hard to take coming from Republicans who want to be the president of the United States, yet they espouse out-of-date and out-of-touch policies.

But Clinton’s statements are just the latest in a long list of quotes, controversies, and events that continue to entrench the conversation. Once again, the abortion debate has become a talking point–over the last 40 years, very little has changed in that respect.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Planned Parenthood Video: The Controversy Continues https://legacy.lawstreetmedia.com/blogs/culture-blog/planned-parenthood-video-controversy-continues/ https://legacy.lawstreetmedia.com/blogs/culture-blog/planned-parenthood-video-controversy-continues/#respond Tue, 21 Jul 2015 13:04:48 +0000 http://lawstreetmedia.wpengine.com/?p=45192

Who's in the right?

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Planned Parenthood is an organization with a mission to promote a healthy sexual lifestyle and family planning. But recent news of a few controversial videos surfacing may be changing some people’s opinions toward the organization. In the more widely viewed video, Center for Medical Progress–an advocacy group that claims to report on medical ethics–had two undercover actors pose as representatives of a human biologics company and went to lunch with Deborah Nucatola, Planned Parenthood’s senior director of medical services. Nucatola was secretly recorded and what she said during the video has led to serious arguments about both the video’s validity and Planned Parenthood’s actions.

The Center for Medical Progress released the video early last week and called it the first in its “Human Capital” series, “a nearly 3-year-long investigative journalism study of Planned Parenthood’s illegal trafficking of aborted fetal parts.” There were two versions of the video posted on YouTube, an eight-minute version and a “full” version that is close to three hours. The Center for Medical Progress says the video was shot on July 25, 2014 in a California restaurant. David Daleiden, who led the undercover project, said, “Planned Parenthood’s criminal conspiracy to make money off of aborted baby parts reaches to the very highest levels of their organization” in a written statement.

Throughout the video Dr. Nucatola makes shocking statements such as,

We’ve been very good at getting heart, lung, liver, because we know that, so I’m not gonna crush that part, I’m gonna basically crush below, I’m gonna crush above, and I’m gonna see if I can get it all intact.

In another part of the video she states, “Every provider has had patients who want to donate their tissue, and they absolutely want to accommodate them. They just want to do it in a way that is not perceived as ‘This clinic is selling tissue. This clinic is making money off of this.'” She did not specifically say the price for the purchase of tissue, but many have questioned if the organization was trying to make a profit.

The Center for Medical Progress also posted an advertisement from a big purchaser of aborted fetal tissue that was posted in Planned Parenthood clinics. The advertisement features words such as “financial profitable,” “financial profits,” “financial benefit to your clinic,” and “fiscal growth of your own clinic.”

Planned Parenthood issued a response statement denying having done anything wrong and accused the Center for Medical Progress of releasing a video that was heavily edited in order to twist its meaning. It also denied that any money was made from selling aborted baby parts. “There is no financial benefit for tissue donation for either the patient or for Planned Parenthood,” Spokesman Eric Ferrero said. “In some instances, actual costs, such as the cost to transport tissue to leading research centers, are reimbursed, which is standard across the medical field.”

The video has been met with many horrified reactions–including from the government. The sale or purchase of human body parts, including fetal tissue, is a federal felony that can land someone in prison for ten years. Louisiana Governor Bobby Jindal has called on the state’s Department of Health and Hospitals to conduct an investigation of this incident which he refers to as an “alleged evil and illegal activity.”

There are two sides to every story and Planned Parenthood has stated that Nucatola was not talking about the illegal sale of fetal body parts but instead the legal donation of organs to biomedical research laboratories that use the body parts to save lives. There have also been allegations that the video has ties to James O’Keefe, a well-known video fraudster. According to a statement made by Planned Parenthood today, there are new videos surfacing that the organization once again claims are very heavily edited. However, Planned Parenthood’s reputation is still certainly reeling, and it remains to be seen how it will deal with the continued controversy.

Taelor Bentley
Taelor is a member of the Hampton University Class of 2017 and was a Law Street Media Fellow for the Summer of 2015. Contact Taelor at staff@LawStreetMedia.com.

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Thanks SCOTUS: A Victory for Reproductive Rights https://legacy.lawstreetmedia.com/blogs/law/thanks-scotus-victory-reproductive-rights/ https://legacy.lawstreetmedia.com/blogs/law/thanks-scotus-victory-reproductive-rights/#respond Mon, 15 Jun 2015 20:04:27 +0000 http://lawstreetmedia.wpengine.com/?p=43200

SCOTUS justices are looking out for the ladies, even if they don't realize it.

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A recent U.S. Supreme Court decision is a victory for women’s rights, reproductive rights proponents, and physicians. It’s also a failure for hypocritical, radically immoral Republican men in North Carolina.

The court decided today to avoid reviewing a law that would force doctors to show and describe a fetal ultrasound to a patient immediately before an abortion, even if she resists. A U.S. District Judge previously struck down the law in 2014 for violating the First Amendment, but state officials filed an appeal to overturn this decision. The law was again branded unconstitutional by the U.S. Court of Appeals for the Fourth Circuit. In March of this year, North Carolina officials petitioned the Supreme Court in the hopes that the highest court would uphold their woman-hating law. Luckily, SCOTUS has better cases to review than this one, so the previous decisions to reject the law stand.

What’s so disturbing about the ultrasound law is that it symbolizes the too-widely-accepted belief that women are not able to make informed decisions about their own bodies. Lawmakers in North Carolina argued that this law was a protective measure under the umbrella of “informed consent” and that the law simply ensured that women made a “mature and informed” choice about the matter. But forcing doctors to deliver anti-abortion messages on behalf of the state, even when a woman does not agree to hear the information, isn’t consent.

The law used very detailed language that legally bound physicians to tell their patients about alternative options to abortion, such as “keeping the baby or placing the baby for adoption.” It also forced doctors to place the ultrasound image in front of the woman’s face and describe the “anatomical and physiological characteristics” to the patient before permitting an abortion. The law applied to women who were survivors of rape and incest, and those who discovered severe fetal abnormalities. Even more frustrating is the lawmakers’ incorrect assumption that women are inherently uninformed. Sixty-one percent of abortions are undertaken by women who already have one or more child, so they aren’t naïve about the implications of pregnancy or the responsibilities of parenthood. They don’t need the “help” of male lawmakers telling them that their decisions are invalid.

Plaintiffs in the lawsuit included the Center for Reproductive Rights, Planned Parenthood, and the American Civil Liberties Union. Last year, they argued in their brief that the law:

Commandeers unwilling physicians to use their own voice and expressive conduct to communicate the state’s message against abortion.

The brief further argued that:

It commandeers physicians to convey this message in a uniquely intrusive way — during a medical procedure while the patient is vulnerable and disrobed on an examination table with an ultrasound probe inside or on her.

The Supreme Court’s decision to deny another review of this law may be a victory today, but there are more anti-abortion laws making headlines that the justices will likely have to address soon. For example, an abortion regulation law in Mississippi threatens to close the last abortion clinic in the state. In a similar vein, a Texas regulation currently making its way through the legal system requires clinics to meet the same building equipment and staffing standards that hospitals must meet, reducing the number of abortion clinics in the state. The Texas law is particularly concerning, as it will cause nearly one million women of reproductive age to live more than 150 miles from an abortion clinic, making abortions even more inaccessible to women of limited income or those who have no disposable time to travel the obscenely long distances to a clinic in order to have the procedure.

Reproductive rights are women’s rights, not North Carolinian, lawmaking men’s rights. I’m glad to see that the Supreme Court, if even just passively, recognizes that.

Emily Dalgo
Emily Dalgo is a member of the American University Class of 2017 and a Law Street Media Fellow during the Summer of 2015. Contact Emily at staff@LawStreetMedia.com.

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American Values Index Highlights Increasing Multi-Religious Culture https://legacy.lawstreetmedia.com/news/american-values-index-highlights-increasing-multi-religious-culture/ https://legacy.lawstreetmedia.com/news/american-values-index-highlights-increasing-multi-religious-culture/#comments Sun, 08 Mar 2015 21:06:07 +0000 http://lawstreetmedia.wpengine.com/?p=35709

The American Values Index shows an increasingly multi-religious culture in the United States.

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According to the American Values Index, a project created by the Public Religion Research Institute (PRRI), the United States is becoming increasingly multi-religious. The tool, which allows users to see the religious and political views of people around the country, is a fascinating use of public data and polling. It’s also an interesting look into the changing demographics and ideological priorities in the U.S.

PRRI is a nonpartisan research organization that declares its goals as follows:

PRRI’s mission is to help journalists, opinion leaders, scholars, clergy, and the general public better understand debates on public policy issues and the role of religion and values in American public life by conducting high quality public opinion surveys and qualitative research.

The United States has long been seen as a consistently white Christian nation, and demographically speaking, that characterization was fair for a long time; however, according to the American Values Index, white Christians are now a minority in 19 states. The percentage of white Christians has fallen to as low as 20 percent in Hawaii, 25 percent in California, and 33 percent in New Mexico.

Furthermore, America’s Protestant tradition is also on the decline. Only 47 percent of the nation overall is Protestant. Notably, some of these shifting statistics come from the increasing amount of religious unaffiliated Americans. Twenty-two percent of Americans now don’t identify with any particular religious tradition, and given that those ranks are dominated by young people, those numbers are on the rise.

It will be interesting to see if these revelations play any part in the 2016 elections that are already ramping up. A national survey by Public Policy Polling in February revealed that 57 percent of Republicans polled answered “yes” to the following question: “Would you support or oppose establishing Christianity as the national religion of the United States?” Thirty percent of those polled said “no” and 13 percent said they weren’t sure. Regardless of the fact that such a proposition blatantly flies in the face of the First Amendment, it also shows a blind disregard of the actual demographics of the United States.

There are specific areas where this attitude is more prevalent. Just a few weeks ago, members of the Kootenai County Idaho Republican Party put up a proposal that Idaho be declared a “Christian state.” That measure was eventually tabled, however.

The American Values Index also highlighted some interesting statistics about ideological views in the United States. For example, the conservative split on social issues, particularly abortion and gay marriage, is very noticeable. Young white evangelical protestants are pretty much split on the issue of gay marriage, while their older counterparts stand in strong opposition. However, both generations agree on the topic of abortion, with roughly two-thirds saying it should be illegal in all or most cases.

The American Values Index, in addition to being a fun tool to play around with for those like myself who love data, creates in interesting window into the minds of American voters, particularly on socio-cultural issues. As we move closer to the hotly anticipated 2016 elections, it will be interesting to see what part these values issues play.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Medical Care for Minors: Who Calls the Shots? https://legacy.lawstreetmedia.com/issues/health-science/medical-care-for-minors-calls-shots/ https://legacy.lawstreetmedia.com/issues/health-science/medical-care-for-minors-calls-shots/#comments Thu, 29 Jan 2015 11:30:43 +0000 http://lawstreetmedia.wpengine.com/?p=32773

Medical care for minors sometimes pits teens against their parents.

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In most cases, the law grants people autonomy over their own bodies, including a constitutional right to consent to or refuse medical treatment; however, for teenagers, that right is curbed by their parents, who have the right to control medical procedures in most cases until that child turns eighteen. There has been a lot of news lately where teens are fighting back against their parents over medical treatments, procedures, and even appointments. Read on to learn more about this issue, including mental health, substance abuse, and physical problems.


Parent – Child Medical Care

Traditionally when a teenager, child, or infant goes for medical treatment, including routine check-ups, parents are welcome in the room. Many doctors’ offices allow the parent in, while some do so only if the child says the parent can come in. This is especially true in more sensitive appointments. In most cases, a child’s parents or guardians are the ones who know the most about the child.

According to the University of Washington School of Medicine:

Parents have the responsibility and authority to make medical decisions on behalf of their children. This includes the right to refuse or discontinue treatments, even those that may be life-sustaining. However, parental decision-making should be guided by the best interests of the child. Decisions that are clearly not in a child’s best interest can and should be challenged.

The concern that a parent could make a decision that isn’t in their child’s best interest has led to some cases where children and teenagers start to fight back against their parents when it comes to medical care.

What are age of consent laws?

Doctors of all kinds, from dentists to ophthalmologists, have grappled for years with age of consent when it comes to mature adolescents. In a 2013 Pediatrics article, the authors stated:

It is well understood in the medical community that adolescents’ aptitude to make rational, responsible decisions changes over time and that older teenagers and young adults have substantially similar cognitive capacities.

According to Doctor Will See You Now, this question of maturity, and the automatic assumption of parent’s rights, endures as the general background rule that will apply in the majority of court cases regarding treatment of teens. The site points out that most frequently, parents are “free to sort among alternatives and elect the course of treatment based on his or her assessment of the child’s best interests.” This rule applies to any patient below the age of majority, 18 in most states, although in a small number of states, such as Delaware (19), Mississippi (21), and Nebraska (19),  it is higher. In Arkansas, Nevada, Ohio, Utah, and Wisconsin the age of majority varies due to high school graduation dates. Some health insurance plans also have rules associated with their policies.

Those who are evaluated to have a maturity over their physical age, however, have been deemed “mature minors” in some court cases. That concept, as psychologically valid as it is, is cloudier when it comes to state laws, which vary widely in their “mature minor” stances, including the ages at which one becomes a “mature minor.” SeverFew U.S. courts have already defined the term, and a few more will be tasked to evaluate it in coming months. Seventeen states do have some form of concession to the standard parental consent requirement, ranging from written exceptions from psychologists to emancipation rights. Most often, the exceptions are requested by minors seeking an abortion without parental consent or knowledge.

These rules have become increasingly open to exceptions aiming to protect minors’ privacy and bodily integrity, safeguard the public health, and respect older minors’ adult-like autonomy and decision making ability.


Sensitive Categories of Treatment: Exceptions to the Rule

All states have some exceptions to parental consent when it comes to medical care for minors. It can become public health issue if young people are scared to get medical treatment because they have to tell their parents about them. These include procedures like testing for STDs–something that all 50 states and D.C. allow minors to do without having parental permission.

In many states, but not all, minors can also give their personal consent without their parents’ input regarding reproductive health services, with regard to contraceptive services and prenatal care, as well as drug and alcohol abuse treatment and outpatient mental health services. However, there usually is a minimum age for this kind of care without parental consent–usually early teens. These laws also don’t preclude parents from being able to require them to submit to treatment.

Abortion

One specific area of concern when it comes to minor medical care is abortion. Most states require parental consent for a minor to receive an abortion, although Supreme Court precedent allows a pregnant minor to receive an abortion under certain circumstances, such as “if she is sufficiently mature or if it would be in her best interests mentally and physically.” “Tests of maturity can include questions about good grades or extracurricular activities, as well as other less-defined queries that would allow judges to see a young person’s thinking process and understanding of the procedure,” said Doriane Coleman, a law professor at Duke University. The law is pretty inconsistent state-by-state, however, in some states, another relative could be allowed to be present at the abortion, in others a young woman could go to court to fight for her right to have the medical procedure.

Substance Abuse

When it comes to substance abuse, some states allow minors to consent to treatment. However, the laws usually also require that minors have to receive treatment if their parents consent to it on their behalf. Allowing minors the option to consent is is an attempt to make sure the treatment sticks–after all, a person who consents to treatment or requests treatment is more likely to follow through and at least stay in the program until the end.

According to the Doctor Will See You Now:

For doctors, the issue is that even if a minor is empowered by state law to give consent, they still need to ensure that the minor is intellectually and emotionally capable of giving informed consent. Thus, even if there is no age limit under state law or the age limit is very low, at times doctors may find it is inappropriate to allow a minor to consent to his own care if he is too immature or otherwise incapable of understanding the procedure’s risks, benefits and alternatives.


Payment, Confidentiality, and HIPAA

Additionally, the Doctor Will See you Now points out:

The fact that some minors can consent to their own health care and treatments in certain areas does not always mean that they actually have a right to confidentiality with respect to that care. Under the Health Insurance Portability and Accountability Act (HIPAA), practitioners are basically required to follow state law regarding confidentiality for minors, and they are given discretion over parental notification when state law is silent on the issue. Most parents will find out eventually, whether it is from HIPAA or the patient’s own volition.

Particular federally funded programs also have certain confidentiality laws. For example, services subsidized by Title X, the federal family planning funding program, have to be provided confidentially, per federal law.


Case Study: Cassandra C.

The Connecticut Supreme Court ruled recently that the state was well within its rights to require a young woman named Cassandra C. to continue undergoing chemotherapy treatments even though it wasn’t what she wanted. Her mother wanted her to do whatever she thought was best.

Because of the nature of the case, and concerns about Cassandra’s wellbeing, the case has been featured in the national news. Unfortunately, Cassandra spent every day in isolation from other patients and was under constant supervision. “She hasn’t been convicted of a crime, but it’s kind of like she’s in jail,” said Joshua Michtom, an assistant public defender and Cassandra’s lawyer. “It’s an especially lousy way to go through chemo.”


Court Orders

There are very rare situations in which the court becomes involved, because parents aren’t acting in the best interests of their children. In addition, there are cases like those outlined in the novel My Sister’s Keeper, where parents seek to have a minor child donate an organ to a sibling, or to undergo any other significantly invasive medical procedure for the benefit of another child.


Conclusion

Medical decision making by and on behalf of children and teens is a subject that is ethically, mentally, physically, and legally complex. State laws vary considerably, and they often have vague standards and language. Children should generally be involved in medical decision making to the extent of their abilities. It is not only a teaching moment, but it is also a way to create autonomy. In the case of a conflict between a minor’s wishes and a parent’s wishes, however, everyone needs to proceed with caution, especially in life or death cases. As such, it is usually wise for them to seek the advice of legal counsel and, in some cases, to proceed to court for a judicial order authorizing the proposed course of treatment.


Resources

Primary

District Court of Appeal of Florida, First District: DEPT. OF HEALTH v. STRAIGHT, INC.

Eastern District Court of Pennsylvania: Parents United for Better Schools v School District of Philadelphia

Additional

The Doctor Will See You Now: Doctor-Patient Confidentiality: How Do We Define It and When Should We Waive It?

Journal of Health Care Law and Policies: Medical Decision Making by and on Behalf of Adolescents

Journal of Pediatric Psychology: Involving Children and Adolescents in Medical Decision Making: Developmental and Clinical Considerations

Guttmacher Institute: Minors and the Right to Consent to Health Care

Philly: Should Teens Get to Say “No” to Life-Saving Medical Treatment?

Pediatrics: The Legal Authority of Mature Minors to Consent to General Medical Treatment

Editor’s Note: This article has been edited to credit select information to the Doctor Will See you Now, and some portions have been edited for clarity. 

Noel Diem
Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

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Is Your Vanity Plate a Form of Free Speech? https://legacy.lawstreetmedia.com/news/vanity-plate-free-speech/ https://legacy.lawstreetmedia.com/news/vanity-plate-free-speech/#respond Thu, 11 Dec 2014 17:08:02 +0000 http://lawstreetmedia.wpengine.com/?p=29934

SCOTUS will hear a case this spring on your vanity plate.

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The Supreme Court has agreed to look at an interesting First Amendment question–can those silly vanity license plates that a lot of people have be considered protected free speech? SCOTUS will hear Walker vs. Texas Division, Sons of Confederate Veterans, Inc in the spring.

The case came from Texas, where an organization called the Sons of Confederate Veterans requested a specialty plate. The license plate included a Confederate flag, as well as text of the group’s name. The Texas DMV considered the request, and eventually decided to reject it because:

A significant portion of the public associate the Confederate flag with organizations advocating expressions of hate directed toward people or groups that is demeaning to those people or groups.

There are two questions here–are license plates a form of free speech? And if so, whose free speech?

The reason those two questions are both so tantamount is because if license plates are a form of free speech, but that speech is the state’s, the state can reject an offensive license plate request because it doesn’t want to be portrayed that way. However, if the license plates can be considered the free speech of the people who are displaying them on their cars, it’s a different matter altogether.

There’s some precedent to suggest that license plates are government speech, not citizens’. After all, a DMV can choose to reject a license plate request if it’s lewd or inappropriate. That being said, there’s some precedent to show the opposite is true as well. In 1976, there was a Supreme Court case called Wooley v. Maynard. If you’ve ever seen a New Hampshire license plate, it prominently features the state’s motto: “Live Free or Die,” a throwback to Revolutionary War times. A man named George Maynard, who was a Jehovah’s Witness, objected to being required to display the motto because it stood contrary to his religious beliefs. He obscured it, despite the fact that was against the law. The case was appealed all the way to SCOTUS, who ruled that New Hampshire couldn’t require citizens to display the motto if it stood contrary to their beliefs.

There’s another case this year dealing with free speech and license plates that’s sort of intertwined. It’s called Berger v. ACLU and it originated in North Carolina. It regarded whether or not North Carolina could issue “Choose Life” license plates, as requested by a pro-life group, without similarly offering a comparable pro-choice plate. That was where the case was left, and while the Supreme Court took no action on it right now, it may be decided along with the Texas case. Either way, whatever the Supreme Court decides could have a big impact on those vanity plates we all see so often–and not necessarily in a good way.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Women Still Losing the Battle for Equal Rights in 2014 https://legacy.lawstreetmedia.com/blogs/politics-blog/women-still-waiting-for-equal-rights-in-2014/ https://legacy.lawstreetmedia.com/blogs/politics-blog/women-still-waiting-for-equal-rights-in-2014/#comments Thu, 06 Nov 2014 11:30:46 +0000 http://lawstreetmedia.wpengine.com/?p=28103

One big issue is ignored in election coverage: women are still losing the battle for equal rights.

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If you hadn’t heard — meaning of course you had no access to television, internet, mobile data, or human contact — we had an election on Tuesday. The headlines were predictable in their predictions, telling the nation which party would most likely win the U.S. Senate. Yesterday we were accosted with news stories of the Republican takeover, states legalizing marijuana, and a few stories made their way to the front pages about the states that raised their minimum wages (finally). What the hundreds of news outlets covering the election failed to mention, though, is that women are still losing in the battle for equal rights in 2014.

Tennessee, North Dakota, and Colorado all had proposed amendments that would outlaw abortions of any kind — even those that would save a mother’s life. These measures in North Dakota and Colorado also would have banned the use of birth control methods like the pill or intrauterine devices. Had those measures gone through, women would not have access to life-saving medication or procedures. Unfortunately in Tennessee, the abortion service restrictions were approved, and by all accounts will become stricter.

Yet again, the nation has focused on abortion as a hot topic — endangering women’s health in the constant struggle between a majority of white men.

What about women’s rights?

In 1923, the Equal Rights Amendment, which would have given women equal rights under the constitution, was introduced to Congress. It was not until 1972 that it passed through for ratification, and by 1982 only 35 states had ratified it. It has been introduced to Congress again and again since then, never reaching the point of ratification in that body.

Now in 2014 we are still waiting for the Equal Rights Amendment to become law. Meanwhile, only one state in the entire United States — Oregon — had a women’s rights act on the ballot. And guess what? It went through! But where in the hundreds of news stories on major news outlets are the stories about that? And why is it that in the year 2014 only one state proposed equal rights for women? Many states have equal opportunity employment clauses, but where is the nationwide call for women’s rights?

But hey, at least we know which party controls the senate.

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How is it, that for a country that claims to be so forward-thinking, we can be so backward? How is it that women are still considered less than men in the eyes of society and in the eyes of the law? When will we, as a nation, get over the petty rivalries that keep opposing political parties in the news rather than the important issues that would make America better?

Stay tuned.

Morgan McMurray
Morgan McMurray is an editor and gender equality blogger based in Seattle, Washington. A 2013 graduate of Iowa State University, she has a Bachelor of Arts in English, Journalism, and International Studies. She spends her free time writing, reading, teaching dance classes, and binge-watching Netflix. Contact Morgan at staff@LawStreetMedia.com.

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If You Need an Abortion in Missouri, Your Life Just Got Harder https://legacy.lawstreetmedia.com/blogs/culture-blog/need-abortion-missouri-life-just-got-harder/ https://legacy.lawstreetmedia.com/blogs/culture-blog/need-abortion-missouri-life-just-got-harder/#comments Fri, 12 Sep 2014 10:31:07 +0000 http://lawstreetmedia.wpengine.com/?p=24569

Missouri lawmakers enacted a bill mandating a 72-hour waiting period for any woman seeking an abortion.

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Happy Friday, folks! We’ve finally made it through the week. Phew! It’s been a long one, am I right?

Unfortunately, women in Missouri aren’t feeling much relief today. Legislators in the Midwestern state enacted a bill on Wednesday that mandates a 72-hour waiting period for any woman seeking an abortion. There are no exceptions to this rule, even in cases of rape or incest.

So, unless you are about to literally die as a result of a pregnancy gone terribly wrong, if you want an abortion in Missouri, you’ll have to wait it out through a mandatory, three-day “reflection period.” The bill becomes effective in 30 days.

LOVELY

Folks, this bill is extremely problematic for a bunch of reasons.

First, there are the practical ones. Requiring a standard medical procedure to span over a number of days places a real logistical burden on women seeking abortions. Since there’s only one abortion clinic left in the state, accessing abortion services is already super difficult. Many have to travel long distances to reach this single, lonely clinic — a trip that requires a steep financial investment of gas money, wear and tear on your car, and probably a day off from work.

And that’s all before you can even get the actual abortion, which will cost you money, since a number of restrictions on Obamacare and public employee coverage mean it’s pretty unlikely that your insurance will pay for it.

 

argh

Now, multiply all that hassle by three. Thanks to this bill, not only do Missouri women have to go through all this mess, they also have to take multiple days off from work and book a hotel room.

Oh! And to top off this logistical disaster, that three-day waiting period? You have to go through counseling sessions before it can even begin. They’re specifically designed to misinform women about abortions, and are meant to discourage patients from going through with the procedure — so add another day to that hotel bill, ladies.

The problems with this bill don’t stop there, however. Aside from the practical issues it will cause Missouri women looking to access safe abortion services, it also wreaks a certain level of psychic havoc.

crazy-pills

Forcing women to undergo a reflection period to reflect upon a decision they’ve already thought about and made is incredibly condescending, demeaning, and paternalistic. If you’ve traveled 100 miles to get this procedure done — the average distance a patient at St. Louis’ Planned Parenthood will travel to receive an abortion — you’ve already made your decision.

You’ve thought this through.

Abortion isn’t a decision to be taken lightly, and guess who knows that better than anyone else? WOMEN WHO ARE SEEKING ABORTIONS.

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Imagine these women were seeking different kinds of medical procedures. A cystectomy, for example, or a colonoscopy. How absurd would it be for someone — aside from her doctor — to step in and tell her to hold on, she’d better think this through?

It would be ridiculous. But the Republican lawmakers of Missouri have decided not to treat abortions like what they are — standard medical procedures — and instead, to separate them out into a special circumstance where women cease to be independent, intelligent adults, capable of making their own decisions. Apparently, when abortions are on the table, the women of Missouri are to be treated like ignorant, irresponsible children.

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Now, it’s important to note that this bill didn’t pass easily. When it was introduced earlier this year, Democrats and women’s rights activists protested it, and Governor Jay Nixon even vetoed it. But this week, Republican legislators voted to override the veto, then cut off a Democratic filibuster to force a new vote.

In other words, Missouri Republicans really, REALLY care about forcing women who need abortions to undergo 72 hours of physical, mental, and financial hardship before they’ll be allowed to receive medical care.

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Why, exactly, is the GOP so concerned about women’s reproductive systems? The past few years have been filled to the brim with cases of Republican lawmakers restricting women’s access to safe, affordable birth control and abortion services.

New research points to the idea that conservatives believe that women simply shouldn’t be having consequence-free sex. A recent study that surveyed Americans on their views about promiscuity found that people who think casual sex is wrong, also believe that women need a man to financially support them.

So, basically, a woman who’s totally independent, both financially and sexually, is a really foreign and potentially threatening concept to many conservative folks. As a result, they’re trying to reign in our ability to have consequence-free sex — which any man can do, by the way, with a quick stop at a local convenience store.

And in Missouri, they’re doing a damn good job.

 

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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Standing with Wendy Davis: A Story That Deserves Respect, Not Doubt https://legacy.lawstreetmedia.com/blogs/standing-wendy-davis-story-deserves-respect-doubt/ https://legacy.lawstreetmedia.com/blogs/standing-wendy-davis-story-deserves-respect-doubt/#comments Wed, 10 Sep 2014 19:25:37 +0000 http://lawstreetmedia.wpengine.com/?p=24410

Welcome to hypocrite junction.

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Image courtesy of [Al Garman via Flickr]

Welcome to hypocrite junction, which is the nickname I’ve given to the corner of the internet that’s still discussing Texas Gubernatorial candidate Wendy Davis speaking out about her abortion. For those of you who missed this whole story, here’s the skinny: Texas State Senator Wendy Davis made headlines last year when she filibustered against a restrictive abortion bill for 11 hours. Now, she’s running for governor of Texas, the first woman to run for that office since 1994. Currently she’s trailing the Republican candidate, Greg Abbott, but she’s still making headlines left and right. She’s tough and she’s smart, and regardless of how the polls turn out in November, she deserves a hell of a lot of respect.

In the midst of the current campaign, Davis’ book came out. That’s by no means an uncommon practice — it’s a pretty normal undertaking by candidates on the campaign trail. Davis’ book contained a story about how she has had two abortions — both for medical reasons.

Most people responded to her admission well, either recognizing the struggle that she must have gone through, or applauding the courage she had to tell her story.

And then there are the people who accused her of making it up for political purposes. I think we may need a new phrase beyond “double standards” at this point. First, she was attacked for standing up for the women who Texas’ insanely restrictive abortion law would have punished. When she first entered the national spotlight, she was called “abortion barbie.” Some of her critics went so far as to create “abortion barbie” posters of her. Click here to see them, but fair warning — they’re about as tasteful and subtle as you’d expect. Then, when her back story came to light, which includes a stint in a trailer and as a low-income single mother, people criticized her parenting skills. Bristol Palin, daughter of Sarah Palin, was one of the loudest critics. Now that Davis has come out with the story of her abortions, she’s being accused of making them up. Do you have a headache yet? Because I definitely do.

Oh, that might be why.

Politicians have lied before, sure. I highly doubt that Wendy Davis is lying in this case, but I’m not privy to either her life story or her medical history, so I can’t say that with 100 percent certainty. But come on people, do you really think that she’s stupid enough to make up that lie in the first place? And more importantly, how shitty of a person do you have to be to accuse a woman of lying about what very well might have been two of the most difficult, traumatizing, and upsetting decisions of her life.

That’s exactly where the problem is — those who are criticizing her don’t realize how normal Davis’ story truly is. Her critics are attempting to use facts here, so in order to save my sanity I’m going to take a second to debunk one of the most egregious among them. One of the claims is that Davis probably didn’t have an abortion for medical reasons, because those are relatively rare. Texas Right to Life’s Emily Horne claimed, “it is extremely rare — if not non-existent — for a woman to have an abortion because the pregnancy posed a risk to her life. As for fetal anomalies, it simply isn’t necessary to abort a child because he or she is sick or has a medical condition.”

Well one of the two abortions Davis has discussed involved an ectopic pregnancy, which occurs when a fertilized egg stays in the fallopian tube. It’s estimated to happen in one of 50 pregnancies, the baby most likely won’t survive, and given that the condition is life threatening to the mother, often emergency care is needed. In some cases the pregnancy may need to be terminated. As the National Institutes of Health’s National Library of Medicine’s site puts it:

Ectopic pregnancy is life-threatening. The pregnancy cannot continue to birth (term). The developing cells must be removed to save the mother’s life.

Women have abortions to end ectopic pregnancies, and they also have abortions because of the quality of life that their unborn child may be subjected to, as was the case of Davis’ other pregnancy. The baby was going to suffer severe medical issues, and Davis chose to terminate the pregnancy rather than have her child suffer. The truth is that one in three American women will have an abortion at some point in her life. The exact statistics for why are often debated, but according to a comprehensive study released by the Guttmacher Institute in 2005, four percent of women seeking abortions do so out of concern for their own health, and another three percent choose to terminate a pregnancy out of concerns about the fetus’ health.

This was not an attempt to justify Davis’ choices — they don’t need to be justified by me because they were hers and hers alone. Rather this is my attempt to point out the argumentative flaws of those who are attempting to cast doubt on Davis’ story right now because not only are their arguments disrespectful, they’re also pretty weak.

Quite frankly it doesn’t matter why Davis had an abortion, or why any other woman makes that choice. What does matter is that they have the resources to make that choice, or any other, for themselves — exactly what Davis stood for eleven hours to protect. I applaud her for sharing her story, and her work to make others who have had equally difficult choices understand where she is coming from.

 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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LADIES: Vote Republican and You’ll Get the D https://legacy.lawstreetmedia.com/blogs/culture-blog/ladies-republicans-promising-d-exchange-votes/ https://legacy.lawstreetmedia.com/blogs/culture-blog/ladies-republicans-promising-d-exchange-votes/#comments Thu, 04 Sep 2014 14:28:43 +0000 http://lawstreetmedia.wpengine.com/?p=23927

According to a recent leaked report, 49 percent of women hold a negative view of the Republican Party.

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Happy Back to School, folks!

While I was traveling around Canada last month, all of you were clearly partying up your last few weeks of summer, right? RIGHT? I hope so, because law school is now officially back in session.

And you know what that means!

 

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You need me back in the saddle to keep you informed about all the racist, sexist, homophobic legal bullshit that’s going on! (Also, to give you lots of procrastination material. Let’s be real.)

So! Let’s talk about the Republicans and women, shall we?

This is going to be good.

exciting

Now that President Obama is getting depressingly close to being a lame duck, all the politicians are really starting to get antsy about the 2016 election. Candidates are being tapped, strategies are being thought out, and groundwork is being laid to win over the decisive voting blocs.

For the Republicans, a key point of concern is the Beyoncé Voters. All the single ladies — and even plenty of the not-so-single ladies — are seriously skeptical of conservatives these days. According to a recent GOP report leaked by Politico, 49 percent of women hold a negative view of the Republican Party. It bluntly reported that women believe Republican policies to be misaligned with their own priorities and to be lacking in compassion and understanding.

As a result, the ladies are taking their votes elsewhere. And for good reason. Women aren’t wrong when they say that conservative politicians aren’t acting in their best interest. Republican policies advocate restricted access to birth control, virtually no access to safe abortion services, the continued entrenchment of rape culture and domestic violence, as well as a hearty LOL at equal pay.

LOL

So nope — we’re not voting for policies that take away our bodily autonomy, restrict our access to safe and affordable healthcare, leave us vulnerable to violence, and also make us poorer.

Goodness, what a mystery that more of us aren’t voting for you, conserva-turds!

Well, apparently, Republicans have solved the mystery, and are rolling out a new initiative to win the vaginal vote in 2016.

Are you ready for it?

born ready

They’re going to calmly explain to us little ladies that we’ve been mistaken this whole time — the Republican Party really is acting in our best interest — and now that we’ve cleared that whole mess up, won’t you please vote for us, darlin’?

They aren’t going to actually change any of their policies. They aren’t going to actually do anything different AT ALL.

The big, awesome, Republican strategy is to tell women that they know us better than we know ourselves, expect us to laugh good naturedly at our silly, womanly inability to understand the complex, crazy world of politics, and agreeably hand over our votes, glad to have been educated about our own feminine ineptitude.

What exactly will this episode of mansplaining look like? Republicans are going to attack the Democratic claim that their policies are unfair to women — without interrogating or changing those policies, mind you — and every time abortion comes up, they’ll change the subject as quickly as possible.

Conservatives seem to genuinely think this is a good plan.

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R.R. Reno, an editor for the conservative journal First Things, wrote a completely serious, non-satirical essay about just how this plan would work in practice.

In it, he creates a fictional woman to use as an example of all the women who are mistakenly eschewing Republican policies. She’s a single, 35-year-old consultant, living in the suburbs of Chicago, “who thinks of herself as vulnerable and votes for enhanced social programs designed to protect against the dangers and uncertainties of life.”

Translation: She’s a misinformed damsel in distress who presumably owns about 12 cats.

 

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Apparently, this woman is in favor of social safety net-type Democratic policies — not because she believes that all people should have access to a baseline quality of life — but because she has no man to provide for her, which is clearly TERRIFYING. She dislikes Republican policies that take away her bodily autonomy and expect her to lead a traditional life of wife and motherhood NOT because they’re sexist and terrible and render her, legally, as a quasi-human/permanent child, but because “she wants to get married and feels vulnerable because she isn’t and vulnerable because she’s not confident she can.”

So basically, all the women who aren’t voting Republican are in serious need of the D. And according to Reno, conservatives can and will deliver it.

 

D

He goes on to theorize that our fictitious cat lady should support Republican policies because a pro-marriage culture will increase her likelihood of getting married, therefore increasing her overall happiness. All we have to do is explain that to her! And then she’ll vote for us! Yay! Problem solved!

What Reno, and his conservative compatriots, fail to realize, is that women aren’t voting Democrat because of their inability to legally bind themselves to a penis.

We’re voting Democrat because we want to have control over our own bodies, our own reproductive systems, and our own lives. We want to be able to support ourselves. We want to lead lives that aren’t wracked with violence.

Also, they’re clearly forgetting that some of us don’t even like the D. (Fellow clam divers, I see you.)

 

shane

So, Republicans, I totally applaud your strategy for locking down the vaginal vote in 2016. It’s a really great idea.

Because you’re buying Hillary a one-way ticket to the Oval Office.

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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Discussing Abortion Distracts From Root Issue: Sex Ed https://legacy.lawstreetmedia.com/blogs/discussing-abortion-distracting-us-root-issue-sex-ed/ https://legacy.lawstreetmedia.com/blogs/discussing-abortion-distracting-us-root-issue-sex-ed/#comments Thu, 21 Aug 2014 10:33:25 +0000 http://lawstreetmedia.wpengine.com/?p=23202

There's more to the debate than just abortion.

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Image courtesy of [Zhu via Flickr]

Hello! Welcome to my blog. I thought I’d start things off with a rather tame subject, so let’s talk about abortion!

Well not really, but sort of. Let me explain.

I was scrolling through my Facebook news feed the other day when I came upon a friend’s status, which read: “Pro-Choice is not Pro-Abortion.” I wanted to “Like” this bit of wisdom a thousand times over, but on my way to click the little thumbs-up sign I noticed the status had 57 comments.

Fifty-seven.

After expanding the comment section (which was rapidly growing to 60…61…62…)  and reading through them, it became immediately apparent that I had stumbled onto a heated political debate comprised completely of supposed “friends” text-yelling (ALL CAPS) at each other through their comments. It is a social custom I have tried hard to avoid, as it is known to feed on the ignorance and close-mindedness of its debaters, and really who has ever had their opinion changed by a Facebook argument?

This one looked to be no different, but I began reading through the paragraphs of hardly-thought-out arguments anyway, simultaneously amused and saddened by the lack of true information being shared. The friend who had originally posted the status had stopped commenting around number 20 when one of the more opinionated Conservatives in the thread had said: “Of COURSE the man hating feminist is against having babies.”

Whoa.

First of all: this person clearly did not know the difference between feminism and misandry (but that’s a topic for another post). Second: they demonstrate the problem with posting political arguments on your profile.

Now, I am all for sharing your political opinions on social media. Unfortunately, you rarely see people posting statuses that are level-headed and based on fact. Rather, you’ll find opinions rooted in anger and ignorance that employ such devices as name-calling (as seen above) or references to religion that have no relevance to the argument. Also, more often than not, these hot-button topics like abortion, or gay rights, or feminism, spur debates that don’t go anywhere or change anything. Those topics are just small facets of larger issues that need to be addressed: sexual education, women’s health, women’s rights, the definition of marriage, etc.

Let’s look at the short and sweet status that started all this: “Pro-Choice is not Pro-Abortion.” The reason I liked it so much is because it’s really not about abortion at all. What this status is saying in as few words as possible is that Pro-Choice is about a woman’s right to make decisions about her own body. Pro-Choice says that we, as free American citizens, do not have the right to make decisions for thousands of women we have never met. It does not mean that, if given the choice, we would choose abortion. It doesn’t matter. Every woman is different and every single one should be able to decide what happens to her body. And yes, until that baby comes out of her vagina, it is part of her body.

But the topic of Pro-Choice/Pro-Life is at the tail end of a problem that begins with sex ed. Yes, those awkward hours of listening to your school’s P.E. teacher telling you how to put on condoms and explaining STIs. Did you know that not every school kid had to have that class? And of those who did, only a fraction got medically accurate information?

We all laugh at that scene from Mean Girls when Coach Carr is talking about how pregnancy will kill you. You know the one.

The not-so-funny part is that some kids actually receive that type of education from their teachers. According to this map put together by the Huffington Post, in the year 2014 several states don’t even require their schools to share information on contraception.

If there’s one thing that’s true about teenagers it’s that if they want to have sex, they will. Especially if you tell them not to. How can we expect them to have safe sex, and prevent STIs and unwanted pregnancies, if they don’t have all the information they need to know? It is only logical that if the number of people using contraception goes up, the number of unwanted pregnancies — and therefore abortions — will go down.

Sex ed restrictions aren’t merely for schools, though. Organizations like Planned Parenthood exist to give women and men information about contraceptives, STIs, abortions, adoptions, and healthcare. Yet, people continue to fight these organizations because they perform abortions. The focus, for some reason, is on just one of the many helpful services offered. But, like drugs and firearms, if you make something illegal people will still get their hands on it — and illegal abortions are definitely not safe.

So, for the safety and sanity of all the sexually active people out there: stop arguing about abortion and instead provide some alternatives to the dismal state of sex ed in America. And remember, when arguing about political issues on social media, keep it calm, accurate, and open-minded.

Morgan McMurray
Morgan McMurray is an editor and gender equality blogger based in Seattle, Washington. A 2013 graduate of Iowa State University, she has a Bachelor of Arts in English, Journalism, and International Studies. She spends her free time writing, reading, teaching dance classes, and binge-watching Netflix. Contact Morgan at staff@LawStreetMedia.com.

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Sorry SCOTUS, Harassment Isn’t Free Speech https://legacy.lawstreetmedia.com/blogs/sorry-scotus-harassment-isnt-free-speech/ https://legacy.lawstreetmedia.com/blogs/sorry-scotus-harassment-isnt-free-speech/#comments Wed, 02 Jul 2014 19:45:42 +0000 http://lawstreetmedia.wpengine.com/?p=18901

Last Thursday's Supreme Court decision in McCullen v. Coakley terminated Massachusetts' buffer zones around abortion clinics in defense of protesters' freedom of speech. A consequential storm of criticism from women's rights groups followed.

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After nearly seven years of relatively little disruption, a Massachusetts abortion clinic was the site of a vivacious protest on Saturday. The protest was three times larger than the clinic’s normal crowd and took place within the confines of the now meaningless 35-foot buffer zone. Last Thursday’s Supreme Court decision in McCullen v. Coakley terminated Massachusetts’ buffer zones around abortion clinics in defense of protesters’ freedom of speech. A consequential storm of criticism from women’s rights groups followed. They posed the question of whether constitutionality should be the sole factor in a decision so influential.

Although I always find myself screaming on behalf of pro-choice advocates, I must admit that the Supreme Court’s ruling does follow the constitution in a very logical and technical sense. But should the Constitution be the final word? Pro-choice activists across the country certainly don’t think so.

The Ruling

SCOTUS’s decision to strike down the buffer zones stemmed from their broad definition of anti-abortion advocates’ free speech. Chief Justice Roberts wrote, “here the Commonwealth has pursued interests by the extreme step of closing a substantial portion of a traditional public forum to all speakers,” referring to sidewalks where protesters typically congregate. Eleanor McCullen, the grandma-esque poster woman for abortion opponents, argued that the buffer zones were unnecessary because the exchanges they sought to restrict were peaceful, not violent. However, an abortion opponent could just as easily whisper a dangerous threat as they could shout it.

Justice Scalia pointed out that the close, personal interactions being defended by this ruling were a perfect example of what the First Amendment is intended to protect–the right to try to persuade others. He even went on to compare these conversations to protests that occur in other scenarios, such as protesters outside the Republican National Convention or voting stations.

At this point, I know I was not alone in thinking: did he really just compare getting an abortion to filling out a ballot? It’s not like choosing a political party. It’s not a choice you can alter or change with time. It’s a choice that will change your life forever and not one that should be taken lightly. It’s a choice that you should be so firm in that a peaceful chat outside a clinic would not persuade you to change it. It’s a choice that will affect you for the rest of your life. Most importantly, its a personal choice, not one subject to public discussion and attack.

Yes, I said “attack.” Just because it’s not screaming, loud, and belligerent, doesn’t make it polite or okay–harassment can take many forms. For example, most anti-abortion protesters shame patients silently with posters calling them killers, or with pictures of living, dead, or mutilated babies. The Boston Globe shared a statement from a young woman entering the aforementioned Massachusetts clinic on Saturday. She said, “you have to walk through this circle of people staring at you and talking to you and judging you…it’s very intimidating.” This shaming can bring as much emotional pain as any violent act.

Equally as interesting is the Supreme Court’s choice to eliminate these safe zones around abortion clinics, while still retaining their own buffer zones around the courthouse. The Supreme Court’s most recent regulation on their own buffer zone states:

The term ‘demonstration’ includes demonstrations, picketing, speechmaking, marching, holding vigils or religious services, and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to draw a crowd or onlookers.

In fact, the closest public place where protesters would be allowed to hold demonstrations is 252 feet from their front doors. So, not only do the hypocritical justices have their own buffer zone, but it is more than seven times that of the Massachusetts clinics. The irony is truly nauseating.

What the Supreme Court should have considered:

  • History: In 1994, two staff members at Planned Parenthood clinics in Brookline, MA, were killed by shooter John C. Salvi. He went on to injure five more people and also shot up another clinic in Virginia, where he fled to after the initial crime. No one should approach protesters, especially abortion opponents in Massachusetts, with the naivety that they will always remain peaceful. The buffer zone was not full-proof, but at least it was some sort of safeguard to protect patients and staff.
  • Success Rates of Buffer Zones: There haven’t been any dangerous altercations since 2007, when the 35-foot zone was enacted. The fact that these zones have worked shouldn’t be used as justification to terminate them, but rather to further their necessity.
  • Success Rates of Anti-Abortion Protesters: The buffer zones did not make it impossible for abortion opponents to achieve their goal. Eleanor McCullen, the case’s plaintiff, testified to persuading about 80 women to forgo abortion procedures, even with the 35-foot buffer zone. Why should the Supreme Court make it easier for less-polite protesters to attack the patients, while peaceful abortion opponents are still accomplishing their objective?

The only silver lining is that the Supreme Court seems to realize the need for some safeguard for entering patients. They contended that there are alternative steps that the Massachusetts legislature can take to ensure the protection of clinic patients. But in the meantime, women in Massachusetts must forgo the protection, however seemingly scant, that they were once guaranteed before entering abortion clinics.

Erika Bethmann (@EBethmann) is a New Jersey native and a Washingtonian in the making. She is passionate about travel and international policy, and is expanding her knowledge of the world at George Washington University’s Elliot School of International Affairs. Contact Erika at staff@LawStreetMedia.com.

Featured image courtesy of [Talk Radio News Service via Flickr]

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Erika Bethmann is a New Jersey native and a Washingtonian in the making. She is passionate about travel and international policy, and is expanding her knowledge of the world at George Washington University’s Elliot School of International Affairs. Contact Erika at staff@LawStreetMedia.com.

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Dear Men: Feminism Makes You Sexy https://legacy.lawstreetmedia.com/blogs/culture-blog/open-letter-men-feminism-makes-sexy/ https://legacy.lawstreetmedia.com/blogs/culture-blog/open-letter-men-feminism-makes-sexy/#comments Fri, 23 May 2014 10:31:34 +0000 http://lawstreetmedia.wpengine.com/?p=15784

Happy graduation week, folks! My office is right across the street from Radio City Music Hall in New York City, and I’ve been watching NYU’s Class of 2014 swarm the neighborhood all week. To all of our wonderful readers receiving diplomas — congratulations! You fuckin’ did it. It’s been an eventful week, what with Michigan […]

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Happy graduation week, folks!

My office is right across the street from Radio City Music Hall in New York City, and I’ve been watching NYU’s Class of 2014 swarm the neighborhood all week. To all of our wonderful readers receiving diplomas — congratulations! You fuckin’ did it.

GRADUATION

It’s been an eventful week, what with Michigan passing this craptastic rape insurance bill (excuse me while I barf all over my keyboard), and the backlash around Shailene Woodley’s not-a-feminist comment still swirling. Plus, the internet is filled with awesome commencement speeches. We’re looking at you, Sandra Bullock and Charlie Day.

Basically, this has been a week where we’re all looking ahead to the future. And so, we’re going to take a moment here and talk about the future of feminism.

SPOILER ALERT: It doesn’t just include the vagina-bearing likes of Shailene Woodley. Nope. It also includes men.

So, dudes of the world, here’s why feminism isn’t just for the ladies. It’s a fairly big deal for you too.

CAREY

Let’s start by saying that, unless you’re a close-minded, neanderthal jerk, you believe in social, political, and economic equality between the sexes. If you DON’T believe in said equality — i.e., you’re a big fan of women being treated as inferior and subservient to men — then you are gigantic douchebag and I advise you to reform your troubled ways immediately.

Seriously, guys. We’re calling it like we see it. You’re not old-fashioned or traditional. You’re just a jerk. Get it together, would you please?

zoey

Thanks. Now, for the vast majority of you wonderful, well-intentioned, equality-minded men, listen up. I’ve met a lot of you who don’t actively identify as feminists. You’ve told me that it seems like a women’s club that you don’t really have a place in. Not to mention, you don’t entirely get it. Sure, ladies should be getting equal pay and all that, but we’re not the only ones who are suffering in this gender-biased society. Men get kind of a crap deal too.

Yes. Yes you do. And that’s why feminism needs you.

weneedyou

See, feminism isn’t just about securing safe and affordable access to abortion services, or raising a woman’s 77 cents to match a man’s dollar. Those are important aspects of the feminist cause, for sure, but they’re just the tip of the iceberg.

As a whole, feminism is about creating a more open and egalitarian society. As feminists, we’re fed up with gender roles that position women as sex objects and men as commodified breadwinners. We’re tired of values that expect women to cook and clean and men to pay all the bills. We’re sick of being told to “act like a lady” — to look pretty and keep our mouths and legs shut. We’re equally sick of being told to “be a man,” to be emotionless and aggressive to prove your masculinity.

Be-a-Man

Feminism is about achieving social, political, and economic equality for women — yes — because that’s something we still don’t have.

But it’s also about destroying the gender binary that’s currently ingrained in our society. It’s harmful to men, women, transfolks, genderqueers, and everyone in between. We’re all expected to play roles that don’t quite fit, to prove ourselves and our identities over and over again, to punish ourselves with shame when we fail to measure up.

shame

We’re all left with a constant and nagging feeling of insecurity in our selves — in our worth as human beings — when we feel the need to qualify our desires, our actions, and our feelings with disclaimers like “no homo” and “man up.”

And all of us deserve to feel totally secure in our wants and needs, to feel completely comfortable in our skin, to be entirely at ease with our individuality.

iloveyoumyself

Feminism wants that to happen. We’re working to make our relationships with each other less about power struggle and arbitrary expectations, and more about mutual respect and genuine human connection. And even more importantly, we’d like to make our relationships with ourselves less about shame and insecurity, and more about radical acceptance and self-love.

I feel like that’s a cause we can all get behind, can’t we?

So while you’re getting inspired by all the commencement speeches that are going viral this week, think about the future you want to help create. If it’s one where we break down this dysfunctional gender binary that’s holding us all back, then you’re a feminist.

feministman

Own it, menfolk. You’ll be making the world a better place.

And, bonus points – nothing’s sexier than a feminist man. Just ask Feminist Frank. (Seriously, feminist men, we love the shit out of you.)

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York City. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image courtesy of [Toban Black via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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Fail of the Week: Michigan’s Rape Insurance Law https://legacy.lawstreetmedia.com/blogs/culture-blog/michigans-rape-insurance-cant-purchase/ https://legacy.lawstreetmedia.com/blogs/culture-blog/michigans-rape-insurance-cant-purchase/#respond Wed, 14 May 2014 18:46:30 +0000 http://lawstreetmedia.wpengine.com/?p=15522

Remember when F-Word blogger Hannah R. Winsten reported back in December that Michigan lawmakers were debating a bill that would prevent health insurance plans from covering abortion, essentially requiring women to purchase what came to be known as rape insurance? Well, that revolting bill is now a revolting law thanks to the Michigan GOP and (I am disappointed to […]

The post Fail of the Week: Michigan’s Rape Insurance Law appeared first on Law Street.

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Remember when F-Word blogger Hannah R. Winsten reported back in December that Michigan lawmakers were debating a bill that would prevent health insurance plans from covering abortion, essentially requiring women to purchase what came to be known as rape insurance? Well, that revolting bill is now a revolting law thanks to the Michigan GOP and (I am disappointed to say) three Democrats. Yep, rape insurance is real, people.

However, the real doozy is that abortion riders don’t exist. (Straight swindle!)

As the Detroit News explains, “the state “opt-out” rider law clashes with provisions of the Affordable Care Act, which outlaws both separate riders and any government subsidy of abortion. Under federal law insurers cannot offer a rider to a standard, inclusive policy. And new state law bars insurers from including elective abortion coverage in any policy, on or off the exchange.”

What this means: Michigan women who purchase their health insurance as an individual and not part of a group plan don’t have the ‘promised’ option to purchase the abortion rider. Because the bill passed violates the Affordable Care Act’s provisions of outlawing separate riders and government subsidies on a standard policy. This makes it impossible for any insurer to give the option of selling a separate rider to individual women.

That, my friends, is what we call a grade-A cluster fuck.

It is hard to say whether the politicians knew and just didn’t care that the bill clashes with the federal healthcare law; however, it is easy to confirm who pays the price. Michigan women have only one option: pay that abortion fee.

Ashley Powell (@danceAPdance)


Click here to read the original post published December 5, 2013.

Happy almost Friday, folks! This week is almost over. THANK GOODNESS. Coming back after a holiday is rough, am I right?

If you have a uterus and you live in Michigan, your week has been especially rough. Shit is getting REAL over there in the Mid-West. Lawmakers in the Great Lakes State are currently debating a bill that would require women to buy rape insurance.

That’s right. Rape insurance.

I tell you, this shit just gets more ridiculous every week I write about it. It’s actually insane.

seriously

Here’s how it’s going down. Lawmakers in Michigan don’t want health insurance to cover abortion. Why? They’re not fans of a woman’s right to choose, and so, while they can’t completely outlaw abortion, they can use insurance technicalities to restrict women’s options.

What happens when insurance doesn’t cover abortions? Women either have babies that they don’t want or are unable to carry, or they pay a hefty price to terminate. Obviously, not ideal. So! While Wolverine legislators were batting around this nifty little bill, the same question came up that always comes up when we start talking about restricting women’s access to abortions.

“But what about cases of rape and incest?!” Because, empathy. For like, five seconds.

eyeroll

The legislators of Michigan had an answer ready and waiting. Make women buy additional insurance to cover the possibility of needing an abortion in the future.

This little tidbit prompted Republican Gov. Rick Snyder to veto the bill last year when it was first introduced. He wasn’t too keen on legislation that required women to pay for abortions out of pocket, unless of course, they had paid extra for that separate insurance rider. “I don’t believe it is appropriate to tell a woman who becomes pregnant due to a rape that she needed to select elective insurance coverage,” Snyder said when he rejected the bill last winter.

Well, duh. Obviously.

youshouldknowthis

That would be like telling a man who had a heart attack that he couldn’t have life-saving surgery, because he didn’t plan ahead and book an operating room beforehand. Or like telling a cancer patient that she can’t receive treatment because she hadn’t reserved a chemo supply ahead of time. Plan ahead, people, be prepared! For all of the possible things that could happen to you ever! (Because that’s possible.)

Folks, let’s get one thing straight. No one plans to get an abortion. Needing one is definitely not a desirable situation to be in. Really, abortions are a last resort. An emergency measure, taken after something has unintentionally gone wrong. Maybe she got raped. Maybe the condom broke. Maybe she forgot to take her birth control pill that day. Maybe she just discovered that the baby won’t survive the pregnancy or infanthood.

Whatever the situation, abortions are last ditch efforts to rectify a bad situation that wasn’t planned for. So asking women to plan for unplanned emergencies — and be monetarily penalized either way — makes absolutely no sense.

It's about as logical as this guy.

It’s about as logical as this guy.

But, alas, the anti-choicers think it does make sense, and they’ve got a rage-inducing argument as to why that is. One prominent advocate of the bill claimed that rape is like a car accident, and it was totally fine to make women pay for extra insurance in order to prepare for it.

This is so incredibly gross on so many levels.

First of all, we’re comparing women’s bodies to cars right now. To cars. Inanimate objects that can be damaged, fixed, or replaced. One car is much like another—it gets you from A to B. Women’s bodies are not like cars. They are not replaceable. Their value doesn’t depreciate after a traumatic event. They are not interchangeable. They are not for you to use.

Actually, women’s bodies are attached to living, breathing, human beings. They happen to have vaginas. But they also have lives, passions, emotions, and agency. And when you liken their bodies being raped to a car being crashed, you ignore the human involved in the trauma. You assume she’s an object, instead of a subject.

Stop that right now.

Stop that right now.

Second of all, expecting women to prepare themselves for rape is absurd and cruel.

Preparation assumes the inevitable. You prepare for a car accident—if we’re going to follow through with this terrible example—because being involved in one, someday, is more or less inevitable. People are stupid. Let a bunch of idiots operate heavy machinery near each other, and things are bound to go wrong eventually. Better prepare yourself for the asshole who forgot to use his blinker and caused a pileup on the freeway.

But rape? That shouldn’t be inevitable. Rape doesn’t happen because of human error. Rape isn’t something that idiots do. Rape happens when one person makes a conscious decision to violate another person. Consent isn’t given. Accidents aren’t made. This isn’t an “oops I didn’t mean to get sexually violent with you, my bad,” kind of situation.

Not at all.

nope

When we treat rape like it is inevitable, we give rapists a free pass. We’re sending them the message that, hey, you’re only human! People make mistakes. No big deal. But it is a big deal. And it wasn’t a mistake. This isn’t like forgetting to use your blinker, or running a red light. This is violence and coercion. And there’s always another option.

So, to all the anti-choicers of Michigan, I have a question for you: If a man was shot, and he had to pay out of pocket to have the bullet removed because he hadn’t planned ahead with elective murder insurance, how would you feel about that?

Like this kid? Maybe?

Probably like this kid.

Not so good, I’m guessing. Because it’s ridiculous to ask a man to prepare himself for the possibility that one day, he might be a homicide victim. No one expects to be on the receiving end of that kind of violence.

So stop asking women to do the same. We don’t need to prepare for our impending rape. We shouldn’t be waiting expectantly, insurance policy in hand, to be the victims of sexual violence. And we sure as hell aren’t cool with legislators putting a price tag on our uteruses.

So, stop it, OK? Just stop it.

Stop restricting our access to safe abortions. Stop legislating our bodies. Stop objectifying us. And stop being so cavalier when it comes to rape.

Do you think the GOP can handle that, folks? Discuss!

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.


Featured image courtesy of [ProgressOhio via Flickr]

Ashley Powell
Ashley Powell is a founding member of Law Street Media, and its original Lead Editor. She is a graduate of The George Washington University. Contact Ashley at staff@LawStreetMedia.com.

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Ann Coulter Destroys Our Faith in Humanity, Sassy Twitter Users Restore It https://legacy.lawstreetmedia.com/blogs/culture-blog/ann-coulter-destroys-faith-humanity-sassy-twitter-users-restore/ https://legacy.lawstreetmedia.com/blogs/culture-blog/ann-coulter-destroys-faith-humanity-sassy-twitter-users-restore/#comments Wed, 14 May 2014 14:24:43 +0000 http://lawstreetmedia.wpengine.com/?p=15517

Ann Coulter took to Twitter to hijack the #BringBackOurGirls movement for her own political purposes and the Twitterverse responded in spectacular fashion.

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Loves, the conservaturds are at it again.

Conservative pundit and asshole extraordinaire Ann Coulter decided to use her considerable star power for the greater good this week. Harnessing the power of social media, she took to Twitter to show support for her fellow human beings, advocating an end to gender-based violence and oppression around the world.

LOL JUST KIDDING.

Did I have you going for a second there?

Probably not! Because unless you live in an actual cave, you know that Ann Coulter is probably the least positive person in the history of political pundits.

Thank goodness this lady is just a culture maker and not a legislator. That would make her even more horrifying than she already is (which is saying a lot).

So, since we’ve established that the woman infamous for condoning the murder of abortionists, reversing women’s suffrage, and “perfecting” Jews (I literally cannot) isn’t using her Twitter account to spread peace and light throughout the social media universe, let’s talk about what she IS using it for.

This jerk is using it to mock Malala Yousafzai’s Twitter campaign to #BringBackOurGirls.

Last week, I wrote about the 300 girls in the Nigerian village of Chibok who were abducted from school, OF ALL PLACES, and are now being sold into sexual, marital slavery for a few dollars a pop by Boko Haram, an Islamist fundamentalist group.   That’s what Malala’s #BringBackOurGirls campaign is all about. It’s about raising awareness of a wildly, disgustingly awful human rights violation that’s happening in Nigeria right now. It’s about starting conversations around the world about gender-based violence and oppression. And of course, it’s about drawing attention to a grossly under-reported story that deserves way more attention than it’s currently receiving.   Basically, Malala wants women not to be abducted and sold into slavery. And when they are, she demands that it be stopped. Ann Coulter does the opposite. In response to Malala’s #BringBackOurGirls campaign, Ms. Coulter tweeted this:

#BringBackOurCountry.

Ann Coulter, you officially win The Worst Person on Twitter Award. I literally cannot with you and your vomit-inducing shenanigans.

What country, exactly, Ms. Coulter, are you looking to bring back? One where its citizens don’t care when girls are targets for violence because they’re receiving an education? One where women are abducted, beaten, raped, sold like cattle — and no one bats an eye?

Because that’s all you’re advocating when you turn a call to bring abducted women home safely into a warped, twisted statement about how fucked up our country is. The United States may not look the way you want it to look — being all full of Jews and voting women and abortionists and whatnot — but this is not an appropriate way to express your distaste.

Not even a little bit.

Luckily, the legions of Twitter users are in agreement, and they’re restoring our collective faith in humanity. With a magical little tool called Photoshop, folks who DON’T think saving abducted Nigerian women is a cause to shit all over, taught Ann Coulter a lesson.

And it’s awesome.

Here are some of the best Ann Coulter-Photoshop-Takedowns. Scroll through and rejoice in the wonderfulness that can still exist in the world, right alongside the bile of people like Ann Coulter.

Wildly accurate.

Wouldn’t that be magical?

Thanks for calling Ann Coulter, and all of her conservaturd followers, on their bullshit, Internet. We love you. Keep fighting the good fight.

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York City. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured Image Courtesy of [Gage Skidmore via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

The post Ann Coulter Destroys Our Faith in Humanity, Sassy Twitter Users Restore It appeared first on Law Street.

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An Open Letter to Shailene Woodley: What Every Not-a-Feminist Needs to Hear https://legacy.lawstreetmedia.com/blogs/culture-blog/open-letter-shailene-woodley-every-feminist-needs-hear/ https://legacy.lawstreetmedia.com/blogs/culture-blog/open-letter-shailene-woodley-every-feminist-needs-hear/#comments Thu, 08 May 2014 14:19:51 +0000 http://lawstreetmedia.wpengine.com/?p=15260

Folks, how many of you are John Green fans? I hope every single one of you raised your hand. He’s basically perfection. Not only does he write awesome books, but he also posts weekly vlogs on YouTube with his brother, Hank. The two of them cover everything from goofy details about their daily lives to […]

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Folks, how many of you are John Green fans? I hope every single one of you raised your hand. He’s basically perfection.

Not only does he write awesome books, but he also posts weekly vlogs on YouTube with his brother, Hank. The two of them cover everything from goofy details about their daily lives to politics and religion. And they do it HYSTERICALLY. Seriously, I never knew I could be so entertained while watching a video about the American healthcare system.

Anyway! One of John Green’s wonderful books, The Fault in Our Stars, has been made into a feature film. It’s hitting theaters next month and stars Shailene Woodley.

Shailene Woodley

So much gorgeousness is happening here, you guys.

Shailene is pretty awesome, making some queer-ish, feminist-y comments about love being independent from gender, doubting our society’s obsession with marriage and monogamy, coming down on Twilight for promoting an unhealthy and abusive relationship dynamic, and advocating for more nuanced, kickass roles for women in movies.

She’s pretty rad.

But! Shailene was recently asked if she identifies as a feminist. And she said no. Cue collective exasperated sigh of disappointment.

sigh

Why is this apparently feminist star eschewing the feminist label? Because, it seems, she doesn’t actually understand what being a feminist means.

“No,” said Woodley, when asked if she considered herself a feminist, “because I love men.” She went on to say that feminism means giving undue power to women at the expense of men, an arrangement that wouldn’t be beneficial to anyone.

But, see, that’s not what feminism is. That’s not what it means. Not even a little bit. Feminists aren’t power hungry man-haters looking to depose men from their porcelain thrones of fragile masculinity. We’re not looking to climb over the men, flip the oppression coin, and unfairly win some sort of gender pissing contest where vagina-bearers come out on top.

nope

Feminists are people who come in all shapes, sizes, and genders — some of them are men, go figure! — who believe in the social, political, and economic equality of the sexes. Just ask Chimamanda Ngozi Adichie, the TEDx talker who came up with this perfectly coined definition of feminism. This isn’t power grabbing. This isn’t renewed, rearranged sexism.

Feminism is a commitment to ending gender-based oppression. And that’s something that both men and women will benefit from.

Because, let’s be real. We live in a world where gender-based oppression is a huge fucking deal. There’s so much of it, in fact, that every week I’m swamped with potential stories to cover here on The F Word. My email inbox is consistently flooded with article recommendations from friends, family members, and coworkers, all alerting me to the latest crazy incident of racist, sexist, homophobic bullshit to hit the airwaves. There’s always too much to cover on any given day.

too-much-supernatural

This week, for example, we’ve got Monica Lewinsky. Vanity Fair has debuted an exclusive essay by Lewinsky, breaking her decade-long silence regarding her past as the White House whore. “It’s time to burn the beret and bury the blue dress,” she writes, going on to express her deep regret and remorse for her affair with former President Bill Clinton — which, she insists, was totally consensual.

But does consent really exist between an intern in her early 20s and her boss — a man who’s not only twice her age, but who’s also the President of the United States? The leader of the motherfucking free world asks you for a blow job, and what do you do? Report him to human resources?

I feel like the U.S. military’s Commander in Chief probably pulls rank on that one, no?

Yes, yes he does.

Yes, yes he does.

We live in a world where the man who abused his position of power to score sex from a hot, 20-something staffer, is now getting paid millions of dollars in speaking engagements. Meanwhile, his well-educated, exceptionally capable whore has been unable to land a full-time job ever, AT ALL, because of her “history,” a media sensation that’s transformed her from a person into a joke.

This is a world that needs feminism.

Then, we’ve got Emily Letts, an abortion counselor at a clinic in New Jersey who filmed her surgical abortion and posted it online, to show other women that “there is such a thing as a positive abortion story.”

The short video, featured below, is not graphic or violent, shows only the top half of Letts’ body, and focuses on her emotional and physical experience during the procedure. As a counselor, Letts wanted to share her experience to diffuse some of the frightening misinformation surrounding abortions, modeling one possible solution to a very personal, complicated situation.

 

Letts’ video and her accompanying essay for Cosmopolitan are helping women across the country come to safe, informed decisions about how to handle an unexpected pregnancy. They’re also helping to chip away at the deeply ingrained stigma our country holds against women who take control of their bodies and reproductive systems.

We live in a world where those are two goals that cause a huge chunk of the United States to respond with anger and vitriol, calling Letts a Godless Baby Slaughterer Witch from Hell. I give it about five minutes before death threats start rolling in.

This is a world that needs feminism.

And then, we’ve got 300 girls in the Nigerian village of Chibok who were abducted from school, OF ALL PLACES, and are now being sold into sexual, marital slavery for a few dollars a pop by Boko Haram, an Islamist fundamentalist group.

These girls, who range in age from 9 to 15 years old, haven’t been found, which is SHOCKING considering how little media or political attention their abductions have warranted. (Please re-read that sentence and multiply the sarcasm factor by infinity.) And why were they abducted? Because Boko Haram is opposed to women in Nigeria receiving Western educations.

That’s right, folks. We live in a world where girls are violently denied educations and sold into slavery — all while making fewer headlines than Kimye.

This world needs feminism so badly that I have to come up with creative ways to squeeze multiple stories into a single blog post — and I never manage to cover them all. It needs feminism so badly that I had an entire post written about this racist, sexist,  douchebag extraordinaire from Princeton who’s not apologizing for his white privilege, and I SCRAPPED it, because there were too many other stories that were even more important to cover this week.

So, to Shailene Woodley, and to all the other people in the world who are hesitant or unwilling to adopt the feminist identity, please listen.

listen

Feminism is not man-hating. Feminism is not power-grabbing. Feminism is not dangerous, destructive, or harmful.

Feminism is empathy. Feminism is self-love, and love for your fellow human beings. Feminism is working to end the oppression of all people — men, women, queers, people of color, poor people, disabled people — so that all of us can live happier, healthier lives.

Being a feminist means that you believe in social, political, and economic equality between the sexes. Being a feminist means you believe in ending oppression.

And sadly, this column is proof that there aren’t enough of us.

So, please, get next to feminism. Feminists are changing the world for the better. And we need you.

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York City. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image courtesy of [Mingle MediaTV via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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5 Things That Happen When Women Can’t Access Safe Abortions https://legacy.lawstreetmedia.com/blogs/culture-blog/5-things-that-happen-when-women-cant-access-safe-abortions/ https://legacy.lawstreetmedia.com/blogs/culture-blog/5-things-that-happen-when-women-cant-access-safe-abortions/#respond Tue, 08 Apr 2014 16:27:00 +0000 http://lawstreetmedia.wpengine.com/?p=14174

Folks, women’s access to safe abortion services is circling the drain. Between 2011 and 2013, state lawmakers passed more restrictions on abortion than they in the last decade combined. That’s right. In two years, more abortion restrictions were passed than in the previous ten. That’s some serious shit. It’s looking like this is going to […]

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image courtesy of [AlisaRyan via Flickr]

Folks, women’s access to safe abortion services is circling the drain. Between 2011 and 2013, state lawmakers passed more restrictions on abortion than they in the last decade combined.

That’s right. In two years, more abortion restrictions were passed than in the previous ten. That’s some serious shit.

It’s looking like this is going to be a trend that continues into 2014, so let’s take a moment and remind all the anti-choicers out there what actually happens when you prevent women from accessing safe abortions. HINT: They do not get fewer abortions.

1. They seek unsafe abortions.

Cue gasps all around — what’s the first thing women who can’t access safe abortions do? They go find unsafe abortions. Women duck into back alley, sketch-tastic, unsterile abortion clinics for the privilege of having some hack rough up their insides. Often, that same hack will rape her.

Regardless of how much her insides are at risk for getting raped and destroyed, a woman who wants an abortion will still go get one, even if it’s illegal and unsafe. This is reality, conservaturds. Wrap your heads around it.

2. They buy abortion pills on the black market.

Can’t find a dirty sketchball to perform your abortion? No problem. There are plenty of safe, effective abortion pills you can take in the comfort of your own home.

Except! Prescriptions for these pills must be administered by an abortion provider — so if you can’t find one, you’re shit out of luck. Unless, of course, you make an appearance on the black market. Desperate and optionless women are buying these pills on the black market every day, but many of them are counterfeit, rendering them useless at best and harmful at worst. Not to mention, these abortion pills are a bit complicated to administer. Take them incorrectly, and you’ll find yourself in the emergency room.

Again, these risks are stopping no one. Abortions continue to happen.

3. They cross borders to get unsafe abortions.

Don’t have an abortion provider in your city, county, or state? Cross the border into a less anti-feminist state! Or, better yet, head to Mexico. Except abortions are really hard to access wherever you’re headed as well, most likely, and so there’s a good chance you’ll end up in an unsafe situation anyway.

And now, you’re further from home, still at risk for assault or procedure botching, and you’re out a whole bunch more money because traveling is expensive.

Once again, abortions continue to happen.

4. They deliberately harm themselves to induce a miscarriage.
Out come the coat hangers! Seriously, though, women will resort to deliberately getting punched in the stomach, beaten up, or thrown down the stairs in order to induce a miscarriage. Clearly, this is not a very safe or reliable way to self-abort. No one cares. It still happens.

5. They wind up unable to conceive later.

This detail is like a goody bag extra, because botched abortions are just the gift that keeps on giving! When women terminate pregnancies using any of the unsafe methods listed above, they often wind up with serious, permanent damage to their reproductive systems. That means chronic health issues, and often, the inability to conceive when they do actually want to have babies.

This is the definition of not having control over your own body — being forced to have a child when you don’t want to, facing injury or death if you choose to defy that directive, and being unable to bear children when you do want to as a consequential punishment.

This shit happened all the time before Roe v. Wade, and as more and more restrictions are placed on that landmark ruling, it’s continuing to happen with increasing frequency today.

To all the anti-choice agitators and conservative lawmakers who’d like to take away a woman’s right to choose, please note:

Denying women access to safe abortions DOES NOT reduce the number of abortions that happen. Those fetuses you’re so concerned about will still be aborted. All it does is put the women who carry them at greater risk for injury or death. Abortions will happen with or without your legal blessing, Right-wing legislators. Consider this your reality check.

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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Hobby Lobby Wants to Remove the Corporate Veil — and Your Birth Control Coverage https://legacy.lawstreetmedia.com/blogs/culture-blog/hobby-lobby-wants-to-remove-the-corporate-veil-and-your-birth-control-coverage/ https://legacy.lawstreetmedia.com/blogs/culture-blog/hobby-lobby-wants-to-remove-the-corporate-veil-and-your-birth-control-coverage/#comments Tue, 25 Mar 2014 20:28:30 +0000 http://lawstreetmedia.wpengine.com/?p=13640

Good morning, folks! Time for your weekly dosage of anti-feminist bullshit! On the menu today is Hobby Lobby, a for-profit corporation owned by a family of religious zealots that doesn’t want to cover your birth control. Also, it doesn’t want any other employer-sponsored health insurance to cover your birth control either. So, keep your legs […]

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Good morning, folks! Time for your weekly dosage of anti-feminist bullshit! On the menu today is Hobby Lobby, a for-profit corporation owned by a family of religious zealots that doesn’t want to cover your birth control.

Also, it doesn’t want any other employer-sponsored health insurance to cover your birth control either.

So, keep your legs closed?

EYE ROLLI know, I know, conservatives bat this shit around all the goddamn time. They’re constantly challenging a woman’s right to choose, trying to flip or amend the shit out of Roe v. Wade to resurrect the age of the coat hanger, slash birth control coverage, nix preventive care exams, and pretty much destroy all the basic healthcare measures that are associated with vaginas.

And so far, they haven’t managed to deny all of us some modicum of control over our own bodies. Those of us who are lucky enough to live in a blue state with a decent level of economic privilege are still visiting the OB-GYN each year. But.

Hobby Lobby is making us really fucking nervous.

nervous gifThis obnoxious fuck of a company is suing the Department of Health and Human Services on the grounds that the contraceptive mandate in the Affordable Care Act infringes on their constitutional right to religious freedom. According to Hobby Lobby, since they’re owned by devout Christians, their health insurance benefits shouldn’t have to cover contraception for employees.

To make this even more awesome, Hobby Lobby is basing these claims on some crap-tastic pseudo-science about “abortifacients.” The company is already covering 80 percent of the mandatory contraceptives listed in the ACA, but is holding out on two forms of intrauterine contraception, and two forms of emergency birth control.

Contrary to the ridiculous claims they’re making about those devices, none of them are abortion pills. Which, for the record, are totally on the market and widely used. These just aren’t them.

nopeLiterally no one is a fan of this lawsuit.

For all the people who are in favor of women controlling their own bodies and sexual health, this is obviously some bullshit. Birth control and emergency contraception are basic tools that allow women to maintain their sexual health and control their destinies. Those are rights that shouldn’t be up for debate.

But what’s really surprising is who else isn’t a fan of this suit.

The entire business world.

That’s right! All the rich, conservative, white men who run the United States’ Fortune 500 companies have failed to file a single amicus brief in Hobby Lobby’s favor. They’re just as freaked out by this attempt at religious discrimination as feminists are.

really

Why? Because it would fuck shit up, business-wise.

Hobby Lobby’s case is built on the argument that a corporation isn’t separate from its owners. By their logic, since Hobby Lobby is owned by devout Christians, the company itself is also a devoutly Christian entity whose religious freedoms can be violated. This move conflates the business and its owners, making them one in the same.

And that’s really dangerous for business owners all across the country. The Chamber of Commerce and other organizations have filed a ton of amicus briefs opposing Hobby Lobby, citing how important it is to keep corporations separate from their owners.

importantThis principle is called the “corporate veil,” and essentially, it protects its owners from liability. Since a corporation has a different set of rights and obligations than its owners, an owner can’t be held personally responsible for a company oversight, and vice versa.

But Hobby Lobby wants to have it both ways. They’d like to hang on to that liability protection, while simultaneously doing whatever the fuck they want.

So, at the end of the day, this lawsuit is a problem for everyone. It’s a problem for business owners who don’t want the corporate veil to get ripped to shreds. It’s a problem for women — specifically those employed at Hobby Lobby — who need their birth control to be covered under their health insurance. It’s also a problem for literally anyone whose behavior or existence violates someone’s religious beliefs.

ryan

If Hobby Lobby wins this suit, it would set a precedent that could make widespread discrimination totally legal. If the owner of a restaurant doesn’t like gay people, he or she can refuse to serve them. If a doctor doesn’t like abortion, he or she can refuse to prescribe birth control. If a landlord doesn’t like Jewish people, he or she could refuse to rent to them.

Virtually any kind of discrimination could be protected under a veil of religious freedom, making each individual person — and their company — a law book unto themselves.

ahhhThis shit is ridiculous, am I right?

Religious conservatives, you do you. You be religious! You proselytize against birth control all you want. But stop trying to use your religious beliefs as an excuse to treat those of us who aren’t on your team like crap.

We’re seriously over it.

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image Courtesy of [Annabelle Shemer via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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4 New Laws Restricting Women’s Access to Abortions https://legacy.lawstreetmedia.com/news/4-new-laws-restricting-womens-access-to-abortions/ https://legacy.lawstreetmedia.com/news/4-new-laws-restricting-womens-access-to-abortions/#respond Tue, 04 Mar 2014 23:01:34 +0000 http://lawstreetmedia.wpengine.com/?p=12741

By now, it is not unusual to hear stories of states trying to circumvent Roe v. Wade by closing medical facilities that conduct abortions, or imposing laws that restrict the amount window for a woman to get an abortion. But it seems like recently states have been looking for even more out-of-the-box ways to restrict access […]

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By now, it is not unusual to hear stories of states trying to circumvent Roe v. Wade by closing medical facilities that conduct abortions, or imposing laws that restrict the amount window for a woman to get an abortion. But it seems like recently states have been looking for even more out-of-the-box ways to restrict access to this service. Let’s take a look at the four newest bills presented to state legislatures, and what’s wrong with each of them.

1. Making women wait 72 hours to get an abortion

New bills in Missouri would require women to wait 72 hours after deciding to have an abortion to actually get one. In some states, there is a 24-hour waiting period, but Missouri would be the first to extend that by two full days. There would be no exceptions for cases of rape.

There really isn’t an explanation for this law besides the fact it stalls women looking for an abortion, and may provide an opportunity to talk them out of it. By making women wait three days after deciding to have the procedure, and actually going through with it, she may feel pressured into changing her mind. And without exceptions to the law, women who have been raped or face medical emergencies are put in a dangerous situation.

2. Letting women sue their doctors up to 10 years after their abortion if they regret having it

In Iowa, a bill has been introduced that would allow women to sue their abortion provider long after the abortion has taken place. The reason is not because of medical malpractice, lack of information, or the procedure was done incorrectly, but because they regret their abortions.  Women would have up to 10 years to sue their doctor after having the procedure. Women would be allowed to sue for compensation because of emotional distress. Even women who sign a consent form for the procedure would be eligible to sue their doctors if they think more information about alternatives, or potential dangers from abortions could have been provided to them.

Some women do regret the abortions they have, but that isn’t the fault of the doctor. If a woman is given accurate information about the procedure, signs consent forms, and the doctor does the procedure correctly, why would he or she be held responsible for emotional damage afterward? A doctor is supposed to inform a patient of her options, and should not be held accountable for someone’s regret, no matter how painful, down the road.

3. Make sure not just one, but both parents of an underage girl seeking an abortion are notified

Also in Missouri, there is a new bill that would require not one, but both parents of a girl seeking an abortion to be notified before the procedure take place. Currently, at least one parent of a minor is notified before a girl can have an abortion, but this law goes beyond that. It presents a number of problems, among them being children who may not know both of their parents, but be restricted from receiving an abortion because of this legislation. Additionally, young women may choose to cross state lines or have riskier abortions if they think their parents won’t find out. While the bill does include exceptions for parents who have been convicted of sexual abuse of the child, or if the courts had previously terminated their rights, it doesn’t include any exceptions for medical emergencies. So, if a parent were out of town, or just not a part of the girl’s life, her access to abortion would be cut off.

Parental notification has been contentious throughout the abortion debate because it concerns people who are underage. But most states have adequate parental notification laws with just one parent- adding this law serves as nothing but a hinderance and waste of time for women looking to get an abortion.

4. Restrict abortions to the first 20 weeks of pregnancy

West Virginia has been the most upfront in their aim to restrict access to abortion- by trying to limit them to the first 20 weeks of pregnancy. Doctors who perform abortions after this time period could be fined up to $5000, and face between 1 to 5 years of jail time. As a reminder for everyone- Roe v. Wade (the Supreme Court decision that settled this decades ago) said that women are able to have abortions until the pregnancy is “viable,” and went on to say that 24 weeks into pregnancy is the earliest a child is viable. Simple math shows us that West Virginia is at least four weeks short with this bill.

Perhaps the most troubling part of each of these bills is the way the people who introduce them try to cover their true intentions. Rather than just saying, “I’m against abortion and trying to restrict it,” lawmakers bring in pleas for “family values,” and perhaps most insulting, by insinuating a woman who wants an abortion isn’t capable of making the decision to get one without a plethora of “help” from lawmakers in her state. State legislatures are allowed to pass laws for the betterment of that state, but it’s hard to take some of these laws seriously when they were so obviously written to restrict access to abortion.

[Slate] [RH: West Virginia] [Iowa Bill] [RH: Missouri 1] [RH: Missouri 2]

Molly Hogan (@molly_hogan13)

Featured image courtesy of [ProgressOhio via Flickr]

Molly Hogan
Molly Hogan is a student at The George Washington University and formerly an intern at Law Street Media. Contact Molly at staff@LawStreetMedia.com.

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Abortion Rates Are Down, But Why Does Your News Outlet Say That Is? https://legacy.lawstreetmedia.com/news/abortion-rates-are-down-but-why-does-your-news-outlet-say-that-is/ https://legacy.lawstreetmedia.com/news/abortion-rates-are-down-but-why-does-your-news-outlet-say-that-is/#respond Fri, 07 Feb 2014 18:59:36 +0000 http://lawstreetmedia.wpengine.com/?p=11369

Abortion rates in the US are at the lowest point since the procedure was legalized in 1973. Between 2008 and 2011, the rate of abortions nationwide decreased by 13 percent, and according to a study conducted by the Guttmacher Institute, there are several explanations contributing to this downward trend. Researchers noted that the decreasing abortion rate coincided […]

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Abortion rates in the US are at the lowest point since the procedure was legalized in 1973. Between 2008 and 2011, the rate of abortions nationwide decreased by 13 percent, and according to a study conducted by the Guttmacher Institute, there are several explanations contributing to this downward trend. Researchers noted that the decreasing abortion rate coincided with a general decrease in the number of pregnancies and births in the US, an increase in contraception access, and the general effects of the recession. Significantly, the study did not find a correlation between the lower rates and restrictive state policies on abortions. For instance, some of the states included in the remarkably lower rates of abortion were California and New York, states that do not have very restrictive abortion laws. 

These findings are very interesting, but what is really important about the research is how it is handled by the media. The differences between the sources reporting on this study provide an excellent example of the subtle techniques news outlets use to impact the opinion of their audiences.

Here is Fox News‘ rendition of the story.

 

Although Fox claims to be ‘fair and biased’, it is pretty well known that Fox News is right leaning. The article correctly reports the published data from the Institute, but also includes certain additions to the piece that speak to the ability of news sources to include an ideological slant. First, the outlet incorporates a picture of pro-life activists as if the decreased abortion rate has been attributed to the success of groups lobbying to restrict abortion, which is contradictory to the findings’ inability to correlate the implementation of states’ restrictive policies and the decrease in abortions.

Furthermore, the Fox article includes statements from leaders of pro-life organizations who were confident that the results of the findings meant that their efforts to discourage abortion were succeeding, despite the lack of supporting evidence. The article includes quotes from the presidents of the National Right to Life Committee and Americans United for Life, both of whom remain committed to the belief that the pro-life movement should be credited for the drop in abortions. On the contrary, there are no statements from a pro-choice organization. By only including the opinions of one point of view on the abortion issue, the Fox article fails to objectively report on the story.

Another conservative source, the New American, goes further in its article; it almost chastises the Institute’s study by failing to include data of abortion rates after many states in 2011 enacted new restrictive abortion policies. It also includes statements from pro-life affiliates who discuss the next steps in the fight for limiting abortion, which completely strays from the discussion of the study’s findings.

Compare that to the Daily Beast’s rendition of the study, which was largely in response to conservative positions on the story.

In this article, The Daily Beast clearly showcases its slant by not only featuring a picture of pro-choice activists, but by arguing that progressive efforts such as increased contraceptive access and sex education policies have a greater impact on the decreased abortion rate than policies limiting abortion clinics. While the study did find contraceptives to be a factor in the decreased abortion rate, the article fails to mention anything about the other variables listed by Guttmacher, which are crucial to the overall findings: decreased birthrate and the recession. The article takes only the pieces that fit well into their argument.

The Daily Beast’s liberal take on the story is echoed by Slate, which featured a picture of condoms and stated that the lower rate should be championed by pro-choicers.

Of course, freedom of the press allows the media to say what they want about different stories, and these sources did correctly display the Institute’s data. However, what the contrast of the sources shows is that readers need to be aware of potential bias depending on where they choose to get their information. True, it is pretty well known that Fox News and The Daily Beast have clear political ideologies. However, these blatant examples of the media’s tricks to slant their reporting highlights the importance of smart and careful reading. By providing visual images of a clear ideological stance on an issue as well as selectively including or deleting certain parts of the study, the different articles show the subtleties that they utilize to influence their readers or viewers.

Additionally, this example shows the importance of seeking out sources of one’s opposing viewpoint in order to get a different perspective and learn how the other side can view the same issue. In order to truly grasp the crux of the issue at hand, readers must be prepared to compare different media sources to really get the best information. 

[Guttmacher] [Fox News] [The Daily Beast] [New York Times] [Slate] [The New American]

Sarah Helden (@shelden430)

Featured image courtesy of [lalavnova via Flickr]

Sarah Helden
Sarah Helden is a graduate of The George Washington University and a student at the London School of Economics. She was formerly an intern at Law Street Media. Contact Sarah at staff@LawStreetmedia.com.

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Cases to Watch in 2014 https://legacy.lawstreetmedia.com/news/cases-to-watch-in-2014/ https://legacy.lawstreetmedia.com/news/cases-to-watch-in-2014/#comments Tue, 07 Jan 2014 16:51:49 +0000 http://lawstreetmedia.wpengine.com/?p=10359

This year promises to be an interesting one in law. Here are some of the most interesting cases, trials, and legal topics y’all might want to keep your eyes on in 2014. (Note: I have tried not to include Supreme Court cases that were heard in 2013 but will be ruled upon in 2014, as […]

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This year promises to be an interesting one in law. Here are some of the most interesting cases, trials, and legal topics y’all might want to keep your eyes on in 2014.

(Note: I have tried not to include Supreme Court cases that were heard in 2013 but will be ruled upon in 2014, as most of those have already been heavily covered by the media during oral arguments.)

8. Lavabit and Ladar Levison 

The case: After Edward Snowden’s revelations about NSA spying, it was discovered that he was using an encrypted email service called Lavabit. The owner, Ladar Levison, was court-ordered to hand over access to the entire site to the government, because Lavabit’s programming made it impossible to hand over access to just Snowden’s account. In protest, Levison shut down the site, defied a gag order, and has now filed an appeal.

Why it matters: This year, mainly from the NSA spying scandal, we learned about the technological abilities our government uses to monitor US citizens. This court ruling will either stifle or extend those abilities. For those who oppose the government having access to personal information, this Lavabit case may set important precedent — and it really will be a case to watch.

7. Jodi Arias Sentencing

The case: In 2013, we saw the extremely weird case involving Jodi Arias in Arizona. She was eventually convicted of murdering her boyfriend, Travis Alexander. It was a gruesome and disturbing case in which the jury found her guilty; however, they could not agree on whether to sentence her to life in prison, or death. A mistrial was declared on the sentencing portion of her trial and the new sentencing trial will also have new jurors.

Why it matters: The Defense has gone so far as to request a change of venue for the resentencing portion. They have argued that the huge media attention directed at the case has the potential for bias. That may be true, and it certainly wasn’t the first case with a big media blitz –Casey Anthony ring a bell? But if that’s actually the case, a change in venue won’t help — this case was huge all over the country. I’m reminded of an SNL skit from a few years ago about choosing jurors for OJ Simpson’s 2007 robbery and assault case. Watch it here, it’s really funny. But all joking aside, it’s the truth. It will be incredibly hard to find jurors who haven’t heard of Jodi Arias. Is it possible that our obsession with watching justice unfold is getting in the way of justice itself? Maybe we’ll get some answers with this retrial. 

6. McCullen v. Coakley 

The case: Oral arguments for McCullen v. Coakley are scheduled before the Supreme Court later this month. This case has been waiting for its day in court since 2001; there was appeal after appeal before the Justices agreed to hear it. It involves a law that Massachusetts instituted to create a 35-foot buffer zone around reproductive health facilities.

Why it matters: First of all, as I mentioned, this case has been going on for a very long time. The Supreme Court’s decision will add some sort of finality to it, no matter what the decision may end up being. Second, it could reverse a much-relied upon precedent, Hill v. Colorado, which allowed an eight-foot buffer zone. Finally, it raises an important constitutional issue about which right is more important: the right to free speech, assembly, and protest, or the right to seek an abortion without harassment?

Hopeful finality for this case.

5. Silkroad Case

The case: The infamous illegal-good site Silk Road was removed from the web this Fall, and its alleged creator, Ross Ulbricht, was arrested. The site sold drugs and fraudulent IDs, among other things. In addition to being indicted for his work on the site, he has now been accused of hiring assassins. The $80 million he allegedly made through the site is now in government custody. In 2014, he’ll either work out some sort of deal with the government, or face trial.

Why it matters: Silkroad had a huge market. It was relied upon by many people to get illegal goods relatively safely. Most of the Bitcoins (an electronic currency) in existence went through this site. And it was really only a matter of time until it shut down.

But, and this point is becoming a common trend on my list, it’s also another mark of how the government’s ability to use technology for prosecutorial purposes is evolving. I can assure you that this will have ramifications in the future, because people aren’t going to stop buying illegal stuff over the Internet. They’ll just get better at it.

4. Marriage Rights

The case(s): The Supreme Court already put a stop to Utah’s same-sex marriage licenses in 2014. The case will now go to the nearest appeals court. This is just one example; there are other cases regarding the rights of homosexuals to marry all over the United States.

A spontaneous reaction after the DOMA ruling last year.

Why it matters: 2013 was a banner year for gay rights in a lot of ways, but it’s important to note that the court cases will probably continue for years to come. There’s a lot of work to be done, and it doesn’t seem like the Supreme Court would unilaterally rule to legalize gay marriage. In 2014 we will continue to see more cases, trials, and hopefully, victories.

3. Voting Rights Cases

The case(s): There have been a lot of efforts at the state level to change voting rights laws, and the DOJ and various special interest groups have stood up to these changes when needed. But in 2013, part of the Voting Rights Act was struck down by the Supreme Court. So, each challenge to voting rights has to be filed against separately. As a result, many suits will be heard in 2014 to states’ attempted voting rights changes.

Why it matters: The change to the Voting Rights Act makes it more difficult for suits to be filed against voting rules, but special interest groups will also be under pressure to make changes before the 2014 midterms and 2016 national elections.

2. Contraception

The case(s): There were contraception cases regarding coverage through the Affordable Care Act that made it to the court in 2013, but many more will be on deck in 2014. One involves a nonprofit called Little Sisters of the Poor, and others involve for-profit companies like Hobby Lobby.

Why it matters: Not only is contraception a hot political issue, these cases involve parts of the Affordable Care Act. Parts of the ACA have already made it to the Supreme Court, but this will be a new decision will have ramifications as to whether or not companies are required to cover contraception for their employees, regardless of religious beliefs.

1. NSA Cases

The case(s): A lot of cases have been filed regarding the NSA’s monitoring of US citizens. A few may make it to the high court. US District Court Judge Richard Leon in Washington recently ruled that the NSA monitoring was unconstitutional. Meanwhile, District Court Judge William Pauley in New York dismissed a similar case. That kind of contradiction could lead to a big legal showdown in 2014.

Why it matters: The NSA surveillance debate was one of the biggest controversies of the year, and raised many legal questions about the ability of the government to monitor its people. What happens in these cases could set a serious precedent.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Dan Moyle via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Happy New Year! Your Birth Control’s No Longer Covered https://legacy.lawstreetmedia.com/blogs/culture-blog/happy-new-year-your-birth-controls-no-longer-covered/ https://legacy.lawstreetmedia.com/blogs/culture-blog/happy-new-year-your-birth-controls-no-longer-covered/#comments Thu, 02 Jan 2014 23:12:15 +0000 http://lawstreetmedia.wpengine.com/?p=10276

Happy New Year, folks! Welcome to 2014. This is going to be one hell of a year — and it’s already kicked off with a bang. Not a fun, happy, feminist bang, but a bang nonetheless. During her final moments of 2013, Supreme Court Justice Sonia Sotomayor signed a temporary stay on the enforcement of […]

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Happy New Year, folks! Welcome to 2014.

This is going to be one hell of a year — and it’s already kicked off with a bang. Not a fun, happy, feminist bang, but a bang nonetheless.

During her final moments of 2013, Supreme Court Justice Sonia Sotomayor signed a temporary stay on the enforcement of the contraceptive coverage requirements in the Affordable Care Act. What does that mean? Basically, she just made it that much harder for women across the country to access birth control.

Sonia Sotomayor

Not your finest moment, Justice Sotomayor. Courtesy of the Collection of the Supreme Court of the United States, Steve Petteway source via Wikipedia.

Here’s how it went down. As of December 30, 2013, the Affordable Care Act requires employer-sponsored health insurance to cover birth control. So, basically, if you get health insurance on your day job’s dime, you legally cannot be prevented from using it to snag some birth control pills. Awesome.

But! As always, some folks were pretty pissed off about this. Namely, Christian folks. A whole slew of Christian-values nonprofits and businesses objected to this piece of the ACA, claiming it infringed on their religious freedom. The logic here, is that if Christian values include not supporting contraception or abortion, a Christian employer shouldn’t have to subsidize those services for its employees.

Fair enough, churchgoers. The government can’t force you to support — financially or otherwise — actions that are forbidden by your religion. That’s what religious freedom is all about, right? Getting to practice your faith freely, without anyone telling you it’s not allowed?

Yes! Absolutely. But, there’s another side to the freedom of religion coin. While the government can’t prevent anyone from freely practicing their faith, it also can’t push any particular faith on its citizens. So, while the government can’t stop Catholics from attending church on Sundays, it also can’t force Jews to celebrate Christmas. The street runs both ways.

And this is where things get tricky. While Christian organizations have a fair point — being legally forced to subsidize contraception if they’re religiously opposed to it is majorly problematic — they’re also forgetting the other side of the coin. They’re right in asserting that they can’t be forced to do anything that interferes with their religious beliefs, but they can’t, in turn, force their religious beliefs on anyone else.

And that’s the tragic flaw in their anti-Obamacare logic. If Christian businesses were given their way — and allowed to forego contraceptive coverage for their employees — they would be forcing workers to live by a set of Christian standards, unless they paid a steep price tag. What happens when the employees of a Christian company aren’t Christian themselves? What happens when they’re Jewish, Buddhist, Muslim, Hindu, or Atheist? Can those employees be forced to live by Christian values?

Absolutely not. Now you’re infringing on their religious freedom.

And here lies the central problem. Forcing Christian businesses to pay for contraceptive coverage might be infringing on their religious freedom — but allowing them to not pay for it might infringe on workers’ religious freedom.

It’s a lose-lose situation.

But! As per a compromise cooked up by the Department of Health and Human Services, there seemed to be a solution. Under this plan, Christian companies and nonprofits had to sign a form stating their religious affiliation, and instead of paying for contraceptive coverage themselves, the insurers paid for it, and were reimbursed.

yay

Yay solutions!

Awesome! Way to use your problem solving skills, people. This way, religiously opposed employers don’t have to pay for contraception, but employees can still access those services if they choose.

But, this wasn’t good enough for many a Christian employer. Signing a form was, apparently, too much to ask. So lawsuits poured in. And Justice Sotomayor was sympathetic.

So, with the hourglass running down on 2013, she signed a mandate preventing this piece of the law being enforced. What does that mean? Religious employers can deny workers contraceptive coverage. For folks working at Christian institutions, birth control will only be an option if they can afford to pay a whole ton of money out of pocket. Which really means, birth control won’t be an option at all.

kristenwiigThe Obama administration has until tomorrow to respond. From there, we’ll all just have to wait around for the Supreme Court to make a final decision sometime this summer, after it’s had a chance to sift through all of the case filings. And, mind you, things aren’t looking too good on that front, considering this problem was brought about by one of the most feministy of Justices. If Sotomayor is making it hard for women to access birth control, who the fuck is going to make it any easier?

We’re looking at you, Ruth Bader Ginsburg.

The tricky business of religious freedom has been a constant roadblock for women and feminism. What do you think about this latest Obamacare battle?

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image courtesy of [Parenting Patch via Wikipedia]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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Rush Limbaugh Wants Your Boobs to Stop Staring at Him https://legacy.lawstreetmedia.com/blogs/culture-blog/rush-limbaugh-wants-your-boobs-to-stop-staring-at-him/ https://legacy.lawstreetmedia.com/blogs/culture-blog/rush-limbaugh-wants-your-boobs-to-stop-staring-at-him/#comments Wed, 11 Dec 2013 11:30:06 +0000 http://lawstreetmedia.wpengine.com/?p=9660

Good morning folks! Are you staying warm? Because it’s snowing here in New York.  And I’m totally wishing I never got out of bed. But not just because of the weather or the sidewalk slush that always seems to work its way into my boots. Nope. Today, Rush Limbaugh is kind of making me want to […]

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Good morning folks! Are you staying warm? Because it’s snowing here in New York.  And I’m totally wishing I never got out of bed.

But not just because of the weather or the sidewalk slush that always seems to work its way into my boots. Nope. Today, Rush Limbaugh is kind of making me want to burrow a hole in my blankets. This man is the bane of every feminist’s existence.

He’s also a source of never ending material and entertainment, though. So there’s that.

Anyway! Your (least) favorite conservative talk show host got pretty frisky yesterday. On his barf-tastic radio show, he discussed a recent study by the University of Nebraska that found that the male gaze objectifies women. And you know what he did? He responded by totally objectifying women.

First of all, this study must have been conducted by Captain Obvious. Of course the male gaze objectifies women! This is about as newsworthy as the fact that the sky is blue.  No one is gasping with shock. So next time you set aside some money to conduct a study, University of Nebraska, maybe focus on producing some new knowledge? I feel like that would be more useful.

Anyway! Mr. Limbaugh, ever the conservative, God-fearing gentleman, responded to this study’s findings by encouraging men to get a little more creative with their objectification. He actually told his listeners to walk up to women and say, “Would you please ask your breasts to stop staring at my eyes?”

UGH. How charming.

First of all, Rush’s reaction was just plain weird. Like honestly. I’d expect the king of chauvinism to refute the Nebraska study as ridiculous. To claim that men aren’t objectifying women — women are just being too damned sensitive! Blast this sinful nation and its obsession with political correctness.

angry-child-gifBut he didn’t deny anything. He wasn’t outraged by the study’s conclusion that men are, in fact, kind of douche-y when it comes to how they relate to women. Nope. Instead, he jumped on the douchebag train enthusiastically. In short, he didn’t deny being a jerk. He just encouraged men to be bigger jerks.

Second of all, let’s talk about the intensely bizarre personification of breasts.

Rush Limbaugh wants women’s breasts to stop staring at him? Like they have eyes and a mind of their own? This is literally one of the weirdest things I’ve ever heard. Hate to break it to you, Rush, but breasts are just that. Breasts. They’re useless lumps of fat attached haphazardly to a person’s chest. And women aren’t the only ones who have them.

They aren’t staring at you any more than a woman’s arm is staring at you. Or her actual face, for that matter. Don’t flatter yourself. Degradation and disrespect isn’t exactly the kind of thing that gets our pupils dilated and our hearts racing.

eyerollRegardless of whether or not you’re delusional enough to think that women’s breasts are turning their proverbial heads every time you walk by, why are you so down with objectification in the first place, Mr. Limbaugh? Because here’s what objectification means.

It means that you don’t think women are people. You think we’re less than people, we’re sub-human, we’re objects. Like, we’re on par with your desk and your chair. We’re here to be used and abused and thrown away when you’re finished with us.

That’s what objectification means.

It doesn’t even have to be that intense. It can be more subtle, yet just as insulting. Just as disturbing. Maybe you don’t think we’re on par with chairs. (I think you probably do.) Maybe you aren’t interested in using, abusing, and tossing us aside. (I think you probably are.) But when you’re in a woman’s presence, and all you can think about is her lady bits, you’re assuming she’s an object. Maybe not a desk, maybe not a chair. More like a living, breathing, blow-up doll.

jim-and-blow-up-doll-oYou’re looking at a woman, and you’re seeing nothing but a sex toy. A place to put your dick. And you know what, Rush? That’s a really big problem.

Rush Limbaugh is one of the most listened-to talk radio hosts in the country. He’s one of the most highly paid media professionals in the industry. He holds real influence. And it’s influencers like him that prompt Michigan legislators to propose rape insurance. Abortion restrictions. Lower wages. Victim blaming. Slut shaming. Rape culture.

Men like Rush Limbaugh shape our culture, our society, and our laws. It’s no wonder that everything is such a mess. So let’s Flush Rush, shall we? #StopRush #MyBoobsAreNotStaringAtYou

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image courtesy of [Ginny via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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LADIES: Michigan Says You Need Rape Insurance https://legacy.lawstreetmedia.com/blogs/culture-blog/ladies-michigan-says-you-need-rape-insurance/ https://legacy.lawstreetmedia.com/blogs/culture-blog/ladies-michigan-says-you-need-rape-insurance/#respond Thu, 05 Dec 2013 11:30:06 +0000 http://lawstreetmedia.wpengine.com/?p=9457

Happy almost Friday, folks! This week is almost over. THANK GOODNESS. Coming back after a holiday is rough, am I right? If you have a uterus and you live in Michigan, your week has been especially rough. Shit is getting REAL over there in the Mid-West. Lawmakers in the Great Lakes State are currently debating a bill […]

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Happy almost Friday, folks! This week is almost over. THANK GOODNESS. Coming back after a holiday is rough, am I right?

If you have a uterus and you live in Michigan, your week has been especially rough. Shit is getting REAL over there in the Mid-West. Lawmakers in the Great Lakes State are currently debating a bill that would require women to buy rape insurance.

That’s right. Rape insurance.

I tell you, this shit just gets more ridiculous every week I write about it. It’s actually insane.

seriously

Here’s how it’s going down. Lawmakers in Michigan don’t want health insurance to cover abortion. Why? They’re not fans of a woman’s right to choose, and so, while they can’t completely outlaw abortion, they can use insurance technicalities to restrict women’s options.

What happens when insurance doesn’t cover abortions? Women either have babies that they don’t want or are unable to carry, or they pay a hefty price to terminate. Obviously, not ideal. So! While Wolverine legislators were batting around this nifty little bill, the same question came up that always comes up when we start talking about restricting women’s access to abortions.

“But what about cases of rape and incest?!” Because, empathy. For like, five seconds.

eyeroll

The legislators of Michigan had an answer ready and waiting. Make women buy additional insurance to cover the possibility of needing an abortion in the future.

This little tidbit prompted Republican Gov. Rick Snyder to veto the bill last year when it was first introduced. He wasn’t too keen on legislation that required women to pay for abortions out of pocket, unless of course, they had paid extra for that separate insurance rider. “I don’t believe it is appropriate to tell a woman who becomes pregnant due to a rape that she needed to select elective insurance coverage,” Snyder said when he rejected the bill last winter.

Well, duh. Obviously.

youshouldknowthis

That would be like telling a man who had a heart attack that he couldn’t have life-saving surgery, because he didn’t plan ahead and book an operating room beforehand. Or like telling a cancer patient that she can’t receive treatment because she hadn’t reserved a chemo supply ahead of time. Plan ahead, people, be prepared! For all of the possible things that could happen to you ever! (Because that’s possible.)

Folks, let’s get one thing straight. No one plans to get an abortion. Needing one is definitely not a desirable situation to be in. Really, abortions are a last resort. An emergency measure, taken after something has unintentionally gone wrong. Maybe she got raped. Maybe the condom broke. Maybe she forgot to take her birth control pill that day. Maybe she just discovered that the baby won’t survive the pregnancy or infanthood.

Whatever the situation, abortions are last ditch efforts to rectify a bad situation that wasn’t planned for. So asking women to plan for unplanned emergencies — and be monetarily penalized either way — makes absolutely no sense.

It's about as logical as this guy.

It’s about as logical as this guy.

But, alas, the anti-choicers think it does make sense, and they’ve got a rage-inducing argument as to why that is. One prominent advocate of the bill claimed that rape is like a car accident, and it was totally fine to make women pay for extra insurance in order to prepare for it.

This is so incredibly gross on so many levels.

First of all, we’re comparing women’s bodies to cars right now. To cars. Inanimate objects that can be damaged, fixed, or replaced. One car is much like another—it gets you from A to B. Women’s bodies are not like cars. They are not replaceable. Their value doesn’t depreciate after a traumatic event. They are not interchangeable. They are not for you to use.

Actually, women’s bodies are attached to living, breathing, human beings. They happen to have vaginas. But they also have lives, passions, emotions, and agency. And when you liken their bodies being raped to a car being crashed, you ignore the human involved in the trauma. You assume she’s an object, instead of a subject.

Stop that right now.

Stop that right now.

Second of all, expecting women to prepare themselves for rape is absurd and cruel.

Preparation assumes the inevitable. You prepare for a car accident—if we’re going to follow through with this terrible example—because being involved in one, someday, is more or less inevitable. People are stupid. Let a bunch of idiots operate heavy machinery near each other, and things are bound to go wrong eventually. Better prepare yourself for the asshole who forgot to use his blinker and caused a pileup on the freeway.

But rape? That shouldn’t be inevitable. Rape doesn’t happen because of human error. Rape isn’t something that idiots do. Rape happens when one person makes a conscious decision to violate another person. Consent isn’t given. Accidents aren’t made. This isn’t an “oops I didn’t mean to get sexually violent with you, my bad,” kind of situation.

Not at all.

nope

When we treat rape like it is inevitable, we give rapists a free pass. We’re sending them the message that, hey, you’re only human! People make mistakes. No big deal. But it is a big deal. And it wasn’t a mistake. This isn’t like forgetting to use your blinker, or running a red light. This is violence and coercion. And there’s always another option.

So, to all the anti-choicers of Michigan, I have a question for you: If a man was shot, and he had to pay out of pocket to have the bullet removed because he hadn’t planned ahead with elective murder insurance, how would you feel about that?

Like this kid? Maybe?

Probably like this kid.

Not so good, I’m guessing. Because it’s ridiculous to ask a man to prepare himself for the possibility that one day, he might be a homicide victim. No one expects to be on the receiving end of that kind of violence.

So stop asking women to do the same. We don’t need to prepare for our impending rape. We shouldn’t be waiting expectantly, insurance policy in hand, to be the victims of sexual violence. And we sure as hell aren’t cool with legislators putting a price tag on our uteruses.

So, stop it, OK? Just stop it.

Stop restricting our access to safe abortions. Stop legislating our bodies. Stop objectifying us. And stop being so cavalier when it comes to rape.

Do you think the GOP can handle that, folks? Discuss!

Hannah R. Winsten (@HannahRWinsten) is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow.

Featured image courtesy of [American Life League via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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Will We Live in a Tyrannical Theocracy by 2016? https://legacy.lawstreetmedia.com/blogs/culture-blog/will-we-live-in-a-tyrannical-theocracy-by-2016/ https://legacy.lawstreetmedia.com/blogs/culture-blog/will-we-live-in-a-tyrannical-theocracy-by-2016/#comments Tue, 03 Dec 2013 11:30:34 +0000 http://lawstreetmedia.wpengine.com/?p=9311

Good morning, lovelies. Did you all survive Thanksgiving? How many of you are still battling tryptophan-induced comas? I know I am! But all the Thanksgiving gluttony in the world couldn’t hold me back from you all. Nope. And I’ve got some worrying news to open your re-entrance into the world of normal portion sizes and […]

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Good morning, lovelies. Did you all survive Thanksgiving? How many of you are still battling tryptophan-induced comas?

I know I am!

But all the Thanksgiving gluttony in the world couldn’t hold me back from you all. Nope. And I’ve got some worrying news to open your re-entrance into the world of normal portion sizes and stuffing withdrawal.

2016 is going to be a bitch.

Why? Well, because of a little “nuclear” reactor that was detonated just in time for my turkey to come out of the oven.

It did not look like this.

It did not look like this.

One week before Thanksgiving, Senator Harry Reid rallied together enough votes in the Senate to eliminate the minority party’s ability to filibuster executive branch nominees and any judgeship below the Supreme Court. What does that mean? Sen. Reid and the majority of his fellow Senators told the GOP to shut the fuck up and stop throwing tantrums already. Who can get anything done with these filibuster-happy, crazy people running around, making medically inadvisable speeches for gazillions of hours?

But actually. Filibustering hinders productivity. FACT.

Also fact: filibustering is sometimes necessary. If the majority party is set on passing some super fucked up legislation, the opposing side has to have some way to stand up and call bullshit. But here’s the problem with these two indisputable facts. Since President Obama was first elected in 2008, the Republicans have been abusing the filibuster.

filibuster

Literally abusing it. Like, if the filibuster were a person, the GOP would be collectively doing time for assault and battery right now. So, Sen. Reid took the initiative. He got his fellow Senators together, and they stood up to the obnoxious, filibuster-abusing Republicans. And now they can’t filibuster anymore. Yay!

Except that the filibuster ban goes both ways. So, if the Republicans regain control of the Senate in the upcoming 2016 elections, we are in for a SHIT TON of trouble. Now, when I say we, who am I referring to exactly?

Women, queers, people of color, poor people, immigrants, scientists, people who believe in the separation of Church and State, people who believe in reality. A lot of us, shall we say.

gdd
How come? Well that’s not hard to figure out. The Christian Right has made it abundantly clear that they’re out for blood. In a perfect world, they’d like to slash women’s access to safe abortions, slash access to healthcare for everyone but the obscenely wealthy, while turning a blind eye to racism, sexism, classism, global warming, and everything else that they’d like to pretend doesn’t exist. They’re also down for warmongering, merging Church and State, and basically turning the U.S. into an even bigger shit show than it already is.

We’re talking about a tyrannical theocracy.

As a lesbian, feminist writer who earns a portion of her living criticizing the government, I would really appreciate this not happening. I don’t want to live in a tyrannical theocracy. No thank you! But, with the demise of the ability to filibuster, come 2016, we could potentially go there.

Now, before we get too crazy, let’s look at the facts for a second. Sen. Reid’s “nuclear” decision didn’t ban all filibusters, everywhere, all the time. Only the ones that revolve around presidential nominees for executive or non-Supreme Court judicial positions. There’s still plenty of room to filibuster on both sides. For example, Ted Cruz’s filibuster of the Affordable Care Act would still be admissible. However, without the ability to filibuster presidential nominees, Congress’s majority party can potentially stack the courts with judges that align with their platform.

If 2016 brings a Republican majority, that means court-stacking à la Justice Antonin Scalia. This is the same guy who claimed that the separation of Church and State is a myth. That’s not a happy prospect. Justices like Hon. Scalia would strip women, queers, people of color, poor people, immigrants, and non-Christians of their rights in a hot second, given the opportunity. And most of the folks on that list don’t have a ton of legal rights to begin with. As my immigrant, Polish, Jewish grandmother would say, oy vey.

eyeroll

But, since we have checks and balances, this is not the end of the world, right? The courts don’t rule the land with an iron fist. The judicial branch is just one arm in a complex tree of government. We’ve still got the legislative branch and the executive branch to even everything out.

Well, sort of. If the legislative and judicial branches are in each other’s pockets, there won’t be much checking or balancing going on there. The same can be said of the executive branch, which will also be up for grabs come 2016. Imagine a Christian Right president, elected alongside a conservative congressional majority, who will both work together to nominate conservative judiciaries.

It’s one possible outcome of 2016 elections, and it’s one where the whole checks and balances thing kind of becomes moot. Not to mention, even in a less-extreme situation, a highly conservative court hinders the legislative and executive branches’ abilities to make lasting reforms.

So, what have we learned about 2016?

Basically, that Sen. Reid’s decision to go nuclear prior to Turkey Day this year could have some serious consequences if the next election swings Right. So let’s jump on that Lefty-loosey bandwagon, mmkay? Keep those neocons at bay!

Featured image courtesy of [Center for American Progress Action Fund via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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Texas Handles Rape Case Without Slut Shaming, Cue Applause https://legacy.lawstreetmedia.com/blogs/culture-blog/texas-handles-rape-case-without-slut-shaming-cue-applause/ https://legacy.lawstreetmedia.com/blogs/culture-blog/texas-handles-rape-case-without-slut-shaming-cue-applause/#respond Tue, 03 Dec 2013 05:05:58 +0000 http://lawstreetmedia.wpengine.com/?p=9105

Good morning, loves! Happy turkey week! Thanksgiving is my all-time favorite holiday. I am a Thanksgiving super-fan. So, unsurprisingly, I’m having a super fabulous week because I’m just so EXCITED! But the impending day of butter-soaked tryptophan isn’t the only reason I’m pumped this morning. I’m also pumped because Texas did something right. Shocking, right? Rick […]

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Good morning, loves! Happy turkey week!

Thanksgiving is my all-time favorite holiday. I am a Thanksgiving super-fan. So, unsurprisingly, I’m having a super fabulous week because I’m just so EXCITED!

But the impending day of butter-soaked tryptophan isn’t the only reason I’m pumped this morning. I’m also pumped because Texas did something right.

Shocking, right? Rick Perry runs the Lone Star state. That’s never promising, especially not for women.  But! Apparently we’ve got some super-awesome Texans who are not fans of abusing and oppressing vagina-laden people.

YAY.

Here’s what happened: Over the weekend, a 19 year old woman accused 40-year-old police officer Jackie Len Neal of handcuffing and raping her while he was on duty.

According to her account of the events, Officer Neal pulled her over on the grounds that the car she was driving had been reported stolen. She produced a sales slip, proving ownership of the car, but Officer Neal wasn’t satisfied. He asked her to get out of the car so that he could pat her down.

The woman protested, asking for a female officer to perform the pat down, but Officer Neal ignored her. Instead, he groped her, put her in handcuffs, and then took her to the backseat of his patrol car and raped her. Then, he told her to keep the whole encounter a secret. Conveniently, the police car’s security cameras were not working properly.

ofcourse

What happened to this 19-year-old woman is terrible. This is the kind of shit I worry about when I think about getting pulled over. (Luckily, I’ve never been pulled over before—all-star driver over here.)

So, obviously, the actual rape is not why I’m pumped about Texas this morning. I’m excited because the San Antonio Police Department is handling it really well.

Cue gasps all around.

When the victim reported this crime, do you know what the SAPD did?

They ARRESTED Officer Neal.

There was no victim blaming or slut shaming. There was no ridiculing. There was no sweeping this incident under the rug.

Nope. Instead, Police Chief William McManus went on record to praise the victim for coming forward, to urge other victims to do the same, and to denounce Officer Neal’s awful behavior.

“There is no such thing as consensual sex on duty,” said McManus. “I feel silly even saying that we won’t tolerate it. Of course we won’t tolerate it. There is no gray area. This is a criminal offense.”

yes

TEXAS FOR THE WIN!

Loves, here’s why this whole case is so exciting. Texas is a blood-red state, run by a far Right, uber-religious, Tea Party governor, who’s famous for enacting draconian legislation that screws everyone who’s not rich, white, straight, and male.

But actually.

This is the same state that, in 2011, tried to rewrite K-12 history textbooks to refer to slavery as the “Atlantic triangular trade,” demonize Social Security, valorize witch hunter Sen. Joseph McCarthy, and omit Pres. Thomas Jefferson and Pres. Obama from the record entirely.

Just a few days ago, the Guardian reported that the Texas Board of Education was trying to amend biology books to teach creationism and deny climate change. They’ve also, apparently, started referring to slaves as “unpaid interns” who were compensated not with money, but with “valuable career experience…and ample networking opportunities.”

orangeisthenewblack

Not to mention, just last week, Texas got the go ahead to start enforcing a law that would seriously restrict women’s access to safe abortions in the state. Its passage has caused abortion clinics to close left and right, and will deny 20,000 women access to abortion altogether, with many more facing delays and increased risks.

All things considered, Texas has a bad reputation when it comes to women. Really, really bad. That’s certainly not to say that all Texans are woman haters, or that Texas itself is an awful place to be.

But it is to say that, when it comes to the Texans who make the rules, they overwhelmingly support legislation that’s radically Right-wing and anti-feminist.

 

So this week, when a 19 year old woman accused a police officer of raping her, I had low expectations.

I assumed the police department would laugh in her face. They’d protect their own. They’d sweep the whole thing under the rug, telling her she must have wanted it, she must have enjoyed it, she doesn’t have any proof anyway, she shouldn’t have been driving alone.

Similar things have happened in states with less conservative reputations. Hell, it’s happened in the bluest of blue states. It happens fucking everywhere. This is why rape is so under reported.

But then, I got a pleasant surprise. The SAPD didn’t do any of those things.

Instead, they held the rapist responsible, while treating the victim (publicly, at least) with compassion and respect.

This is how rape cases should be handled.

So, you see, this isn’t just an awesome week for turkey. It’s also an awesome week for women, for rape victims, and (weirdly), for Texas.

Congratulatory back slaps all around! Let’s keep this up, law enforcement, mmkay?

Featured image courtesy of [Jack via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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Texas Abortion Battle to Reach Supreme Court https://legacy.lawstreetmedia.com/news/texas-abortion-battle-to-reach-supreme-court/ https://legacy.lawstreetmedia.com/news/texas-abortion-battle-to-reach-supreme-court/#respond Mon, 04 Nov 2013 20:17:14 +0000 http://lawstreetmedia.wpengine.com/?p=7424

This June, Texas State Senator Wendy Davis took the nation by storm. Sporting her now-infamous pink running shoes, she began a filibuster to stop Senate Bill 5. Senate Bill 5 would have severely restricted the rights of abortion providers in Texas. Opponents of the bill argued that the bill’s passage would lead to the vast […]

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This June, Texas State Senator Wendy Davis took the nation by storm. Sporting her now-infamous pink running shoes, she began a filibuster to stop Senate Bill 5. Senate Bill 5 would have severely restricted the rights of abortion providers in Texas. Opponents of the bill argued that the bill’s passage would lead to the vast majority of abortion providers closing down. Davis spoke for about 12 hours against the bill, all while following Texas’s extremely strict filibuster rules. In the end her filibuster was successful, sort of. Senate Bill 5 did not pass that night, but then Governor Rick Perry called a special Senate session in which the legislation passed without a hitch.

The idea of the bill arguably makes some sense. The stated purpose was to help reduce health risks for women undergoing abortion procedures. Any attempt to help women receive safe healthcare is laudable. Unfortunately, that is not what the bill actually did. It mandated that any doctors providing abortions at any point during a woman’s pregnancy be required to have admitting privileges at a hospital within 30 miles of the clinic.  However, there is very little evidence to suggest that this actually mitigates any medical risks from abortions.

To begin, abortions are relatively safe medical procedures. As Dr. Douglas Laube, a board-certified and respected OBGYN in Wisconsin testified during a similar debate in his state, “the risk of death associated with childbirth is 14 times higher than that associated with abortion. The risk of death related to abortion overall is less than 0.7 deaths per 100,000 procedures. Less than 0.3% of women experiencing a complication from an abortion require hospitalization.” Hospitalization after an abortion procedure is exceedingly rare. Further, a doctor’s admitting privileges at a given hospital does not affect the patient’s care once she arrives. If a woman experiences a complication during an abortion, her doctor’s lack of admitting privileges does not preclude the medical care she will receive at the hospital.

The effects were almost immediate—abortion providers across the state began closing or suspending services because of these stringent new rules. Women who already had appointments scheduled are being turned away, leaving many with no further options. These abortion providers, led by Planned Parenthood, are fighting back.

The law was struck down as unconstitutional  earlier this fall, but last week the Fifth Federal Court of Appeals reinstated most of the provisions of the abortion law. Now the fight will move to the highest court in the land. These women’s rights groups and abortion providers have filed a request for an emergency injunction to hold up the lower court’s ruling until the issue can be firmly resolved.

Abortion is an issue that has been in the periphery of the Supreme Court for years. Precedents such as Roe and Doe have dictated the constitutionality of abortion regulations for years. However it seems to be common knowledge that a law challenging abortion, or on the flip side, abortion regulations will end up in front of the Supreme Court at some point. How the Court decides this Texas abortion regulations case may be able to provide some foreshadowing of how this conservative court will decide in the future.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [ann harkness via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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If You Got Mad About the Big Gulp Ban, Get Mad About This https://legacy.lawstreetmedia.com/blogs/culture-blog/if-you-got-mad-about-the-big-gulp-ban-get-mad-about-this/ https://legacy.lawstreetmedia.com/blogs/culture-blog/if-you-got-mad-about-the-big-gulp-ban-get-mad-about-this/#respond Thu, 10 Oct 2013 21:54:37 +0000 http://lawstreetmedia.wpengine.com/?p=5572

Don’t get pregnant in Nebraska, ladies. Back in January 2011, Republican State Senator Lydia Brasch introduced legislative bill 690. The bill mandated that if a woman under the age of 18 wanted to abort a pregnancy, she must receive written permission from a parent or guardian. Otherwise, no abortion procedure for you, sweetheart. Good luck with […]

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Don’t get pregnant in Nebraska, ladies. Back in January 2011, Republican State Senator Lydia Brasch introduced legislative bill 690. The bill mandated that if a woman under the age of 18 wanted to abort a pregnancy, she must receive written permission from a parent or guardian. Otherwise, no abortion procedure for you, sweetheart. Good luck with that!

LB 690 was a wild success in the Nebraska legislature. It passed by a landslide in May 2011, and was signed into law the very same day. These kinds of bills are called “parental consent” bills by the anti-abortion lobby. But for those of us who believe in Roe v. Wade and a woman’s right to choose?

This is just a straight-up, anti-abortion bill.

Why? After all, abortion is still legal in Nebraska, even after LB 690’s passage. No big deal, right? Wrong. Anonymous 5, a 16-year-old Nebraskan ward of the state who was denied her right to an abortion this week, can personally tell you that it’s a very, very big deal.

gotreal

At a hearing back in July, Anonymous 5’s parents were stripped of their parental rights because they had been abusive and neglectful of their three children. Anonymous 5 and her two younger siblings were placed in foster care, under the legal protection of the state. At this same hearing, Anonymous 5 informed the judge that she was 10 weeks pregnant, and wanted to get an abortion.

She was, to put it lightly, in a pickle. She needed written parental consent, but legally, she no longer had any parents. What to do? Her only option was to ask a judge for permission to circumvent LB 690—something young girls are supposed to be allowed to do, in cases of medical emergency or abuse.

But that really didn’t work out for her. This week, the Nebraska court made a final decision on her abortion request, ruling that she had not sufficiently proved that she had been a victim of abuse, and—most importantly—she had not proved herself to be mature enough to decide that she wanted an abortion.

That’s right, folks. The Nebraska court ruled that a 16-year-old girl was not mature enough to have an abortion. But, she’s mature enough to become a mother!

Because that makes a lot of sense.

theresaEspecially considering that Anonymous 5 had some really good reasons for not wanting to give birth to a child. Besides the obvious factors—she’s a high school student without the financial or emotional resources to be, in her words, the kind of “mom [she] would like to be right now”—a very religious foster family is currently housing her and her two young siblings. Anonymous 5 expressed concern that she would lose her foster placement if her foster parents found out about the pregnancy.

Meaning that, in this case, adoption is not a viable option. The mere act of carrying this child to term could cause Anonymous 5 and her siblings to wind up homeless. And haven’t they already been through enough, after growing up in an abusive, neglectful household?

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You’d think so, but the Nebraska judge didn’t agree. He denied Anonymous 5 the right to make this deeply personal choice by herself, and instead, decided for her, ruling that she would not be allowed to receive an abortion in the state of Nebraska.

So, what does this mean for LB 690, and other parental consent bills like it?

It means that they have the power to deny young women access to abortions. That’s a really big problem. But perhaps more importantly, these bills take the right of bodily decision-making away from young women, and hand it over to someone else.

And that’s just not OK. Every person, regardless of gender, needs to be able to choose what happens to his or her (or zir!) body. How would you like it if someone else had the power to decide what hairstyle you should wear, or how provocative your clothes should be, or what you could eat, or when you could sleep?

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You’d hate it. You’d get angry and frustrated. You’d feel powerless. And these feelings would be in response to relatively trivial kinds of control.

I mean, seriously, everyone freaked out when Mayor Bloomberg tried to control how big our sodas could be.

So, can you imagine how powerless you’d feel if someone else forced you to grow a child inside your abdomen for nine months, after which, you’d have to literally tear your body apart trying to expel it? And then, you’d either have to raise it for the next 18 years, or make the heart wrenching decision to hand that responsibility off to someone else?

That’s not trivial. That’s a life-altering kind of control. It’s too important to be placed in someone else’s hands.

Walter White, for the win.

Walter White, for the win.

Only the person who’s pregnant can make that call. It’s a deeply personal decision, and one that she’ll have to live with forever. Simply put, women need to be in control of their own bodies.

And the fact that, in 2013, this concept still hasn’t sunken in is horrifying. How far have we really come from the days when women’s bodies were bought and sold by men through marriage—when women were nothing more than property?

Not far, apparently, when a man in Nebraska has the power to decide what’s going to happen inside of Anonymous 5’s body.

So, whaddya say, folks? Can we stop controlling and policing women’s bodies, so that no one else ever has to go through what Anonymous 5 did this week?

I really hope so.

Featured image courtesy of [Rudy Eng via Flickr]

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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Texas Sets Further Limits on Abortions https://legacy.lawstreetmedia.com/news/texas-gov-perry-signs-controversial-abortion-bill/ https://legacy.lawstreetmedia.com/news/texas-gov-perry-signs-controversial-abortion-bill/#respond Tue, 23 Jul 2013 17:27:50 +0000 http://lawstreetmedia.wpengine.com/?p=1910

Texas Governor Rick Perry signed into law Thursday a bill that  greatly restricts abortion in the state. In his remarks before signing the bill, Perry said that the new law would prevent “reckless doctors performing abortions in horrific conditions” as a part of “our continued commitment to protecting life in the state of Texas.” The new […]

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Texas Governor Rick Perry signed into law Thursday a bill that  greatly restricts abortion in the state. In his remarks before signing the bill, Perry said that the new law would prevent “reckless doctors performing abortions in horrific conditions” as a part of “our continued commitment to protecting life in the state of Texas.”

The new law makes abortions in Texas illegal after 20 weeks of pregnancy. It enforces surgical center regulations that will likely shut down the majority of abortion clinics as well as severely limit the locations where an abortion can be performed.

“That is reasonable. That is (the) common sense expectation for those caring for the health and safety of the people in the state of Texas,” Perry said in reference to the higher safety requirements.

[KMBZ]

Featured image courtesy of [Ed Schipul via Flickr]

Davis Truslow
Davis Truslow is a founding member of Law Street Media and a graduate of The George Washington University. Contact Davis at staff@LawStreetMedia.com.

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Texas Senator Wendy Davis Leads Successful Filibuster https://legacy.lawstreetmedia.com/news/sen-wendy-davis-leads-successful-filibuster/ https://legacy.lawstreetmedia.com/news/sen-wendy-davis-leads-successful-filibuster/#respond Thu, 18 Jul 2013 15:06:20 +0000 http://lawstreetmedia.wpengine.com/?p=281

Sporting her pink sneakers, Sen. Wendy Davis spoke for over ten hours straight in her successful filibuster against a Texas abortion bill that would be one of the most restricting of its kind. The bill would severely cut access to abortion clinics across Texas and make an abortion after 20 weeks of pregnancy illegal. Before the […]

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Sporting her pink sneakers, Sen. Wendy Davis spoke for over ten hours straight in her successful filibuster against a Texas abortion bill that would be one of the most restricting of its kind.

The bill would severely cut access to abortion clinics across Texas and make an abortion after 20 weeks of pregnancy illegal. Before the filibuster was carried out in its entirety, Davis’ speech was disqualified for going off topic three times. As the Dems. stalled, the crowd of opponents rose and chanted “Shame! Shame! Shame!” in a successful attempt at delaying the process. The efforts of the protesters and Davis’ 11 hour filibuster successfully stopped the bill for now.

Gov. Rick Perry has called for a second special session in order to pass the abortion bill. The session began July 1 at 2:00pm and could last a month. Though the bill is expected to pass the Republican-dominated legislature, Davis is confident that it is not over yet, now that the whole nation is paying attention.

[Full Article: New York Times]

Featured image courtesy of [The Texas Tribune via Flickr]

Davis Truslow
Davis Truslow is a founding member of Law Street Media and a graduate of The George Washington University. Contact Davis at staff@LawStreetMedia.com.

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