The first of its kind in the nation, representing what Cecile Richards describes as "unprecedented legislative interference," this law passed the South Dakota legislature in 2005. A lower court had concluded that the law was likely unconstitutional and had ruled in favor of a preliminary injunction blocking the law from going into effect, as had a three-judge panel on the Eighth Circuit, but today's en banc Eighth Circuit ruling vacates those decisions. The court has given South Dakota doctors 21 days to start complying with the law.
Planned Parenthood staff attorney Mimi Liu says the organization had challenged the law as unconstitutional for compelling speech in violation of the First Amendment. The court ruled that in this instance compelling speech was likely constitutional.
Of the six judges who concurred in full with the majority decision, all were appointees of George W. Bush. Liu notes that it was "surprising" that the majority decision imposed a higher standard of review on preliminary injunction than the lower court had. Explaining the higher standard of review, the majority opinion stated that when reviewing legislation, "we don't want to pre-empt a presumptively reasonable democratic process."
The four dissenting judges noted that the law promoted the "state's ideological view of human life" and also expressed reservation at the higher standard of preliminary injunction review.
Liu says that Planned Parenthood has constitutional claims against other objectionable provisions of the bill, including the requirement that physicians tell their patients that abortion "will lead to increased risk of suicidal ideation" and that the patient "has an existing relationship with the unborn that is protected by the US Constitution" in federal district court. Those claims will now move forward.
Liu said that PPFA is still evaluating whether the law requires doctors to read from or recite a script to patients.
]]>The initiative, known as Constitutional Initiative 100, or CI-100, would define life as beginning at "conception" -- a medically ambiguous moment distinct from implantation, which is defined as the moment when pregnancy begins. Groups organizing for CI-100 needed 44,000 signatures from Montana residents to put the initiative on the ballot, and opponents say supporters have collected less than 22,000. Twenty-five groups, including abortion rights and human rights organizations, came together to oppose the bill, which could, like its counterpart in Colorado, criminalize certain forms of hormonal contraception as well as stem cell research and in-vitro fertilization, and abortion. The Missoulan writes,
[Opponents of the measure] argued that CI-100 would have done more than issue a complete ban on abortion. It also would have banned certain kinds of birth control, like the IUD, which work by preventing a fertilized egg from implanting on the uterine wall. They said it could have opened up women who suffer miscarriages to investigations and complicated health care for all women of child-bearing age.
The Missoulan also notes that the state's Catholic bishops never backed the measure. Nor did Montana Right to Life. As Dana Goldstein wrote when she covered this initiative in May,
]]>Montana's bishops explained their rationale as such: "Legal experts agree that the current Supreme Court would, at best, decline to hear the case, and at worst, use the opportunity to reaffirm the right to abortion yet another time. The more times the Supreme Court's abortion decisions are affirmed, the more difficult it becomes to obtain further hearings from the Court and to expect decisions to end abortion."
The UN Security Council has unanimously voted in favor of a resolution opposing the use of rape as a weapon of war, and the BBC talks to the UN Special Rapporteur on Torture about whether that will make a difference. While many "irregular," non-state sponsored actors use rape as a war tactic, complicating the implementation of the resolution, the BBC notes that many non-state groups act with some state sponsorship and that this resolution will make it far harder for offenders to evade justice.
Secretary of State Condoleezza Rice chaired the special session, and noted that rape and sexual violence not only emotionally and psychologically harm women and girls but devastate the economic and social stability of communities and nations.
Republican Women Defecting to Obama?
The 82-year-old founder of Republicans for Choice, Harriet Stinson, is throwing in the towel on her own party and re-registering as a Democrat because of John McCain's views on reproductive rights. Writes the San Francisco Chronicle,
"I couldn't take it anymore," [Stinson] said, arguing that on issues like funding birth control and support of sex education, McCain "couldn't be worse."
Stinson makes the common sense connection: "If McCain is so against abortion, why does he oppose all the measures needed to reduce the need for it - making insurance companies cover contraceptives, federal funding for birth control and comprehensive sex education?"
The Chronicle piece doesn't have numbers to go on -- but if more Republican women put two and two together, as Stinson has done, they might find that Barack Obama better reflects the pro-life position.
Outbreak of Intentional Teen Parenting in Gloucester?
Seventeen teen girls at the public high school in Gloucester, Massachusetts, have become pregnant in the past school year, and school officials say that the high number may reflect a "pact" made by the students to become pregnant at the same time and raise their children together. Time Magazine implies that the Gloucester school has made parenting-while-underage so easy it's enticing:
The high school has done perhaps too good a job of embracing young mothers. Sex-ed classes end freshman year at Gloucester, where teen parents are encouraged to take their children to a free on-site day-care center. Strollers mingle seamlessly in school hallways among cheerleaders and junior ROTC. "We're proud to help the mothers stay in school," says Sue Todd, CEO of Pathways for Children, which runs the day-care center.
Perhaps the real culprit is Gloucester's depressed economy, which offers little in the way of a future to the community's young people.
No End in Sight for Birth Control Pricing Crisis...
...thanks to the US House of Representatives. The House has passed a war funding measure that, unlike an earlier Senate version, does not include a fix for the spiraling birth control prices for low-income and college women. The bill does, however, feature seven restrictions on Medicaid, the implementation of which six will be postponed. The bill now moves to the Senate. The National Partnership for Women & Families has more.
Catholic Charity Helped Guatemalan Girl Secure an Abortion
Staff at a Catholic charity helped a 16-year-old Guatemalan refugee secure an abortion, the Washington Times reports. The girl's parents are missing, so in order to circumvent Virginia's parental notification law, staff from Commonwealth Catholic Charities in Richmond signed for the abortion (social workers are not legally allowed to sign for abortions). In response to the incident, Department of Health and Human Services spokesman Kenneth Wolfe stated,
]]>"We have also requested several corrective actions be taken by the U.S. Conference of Catholic Bishops ... in order to prevent this type of abuse from happening again...Our agency is one that supports human life, and we take that responsibility seriously."
At this point in the election, "What Would Ann Do?" asks Richards, referring to her mother, Ann Richards, the former governor of Texas. Richards writes,
Mom required only one thing of the many folks who asked for her campaign help: a 100 percent belief in women's rights. If they didn't have it, they were out of luck. But if they stood up for women as she did, she would travel to the ends of the earth for them.
That's why if she were still around she would suit up and campaign for Senator Obama in the farthest corner of the farthest state. Mom would see in him a leader with a long and consistent record for standing up for women's health care, a man raised by a single mother, a father of two daughters, and a husband who supports women's rights 100 percent.
Planned Parenthood Action Fund's polling data suggesting that "more than half of women voters in battleground states have no idea where Senator McCain stands on women's health issues, and even worse, half of the women who support him describe themselves as pro-choice."
]]>Shephard Smith, who does faith-based work on HIV/AIDS, is one of the speakers. The chair of the meeting introducing him notes that in the 1980s, it was very unusual to find evangelical Christians working on HIV/AIDS and that Smith was one of the first such activists. Smith cautions that "PEPFAR may be doing some harm that we don't understand" because in paying doctors in the developing world for specializing in HIV, other medical specialties may be neglected. He also cautions developing countries against relying for aid on a country that might have "some fiscal issues of its own" at some point. He calls for "local solutions." Finally, he applauds the integration of the faith community in the HIV/AIDS services community.
The next speaker is a pastor who emphasizes the role of the faith community in the fight against HIV. He says that churches are already integrated into communities, that churches are sustainable, and are "always there." (He also hails President Bush as a "hero." Make of that what you will.)
I haven't interjected any opinion in my reporting from UNGASS so far, but now I can't resist. The speaker is concluding his remarks with a lengthy story about a prize-fighter who won against seemingly insurmountable odds. I can't believe he is spending people's time on this!
For the record, there has been no discussion of the actual weaknesses and controversies in PEPFAR -- lack of integration of contraceptive services, the anti-prostitution pledge, and the abstinence-only approach.
I typed too soon! A speaker from the floor is now decrying the PEPFAR's excessive bureaucracy, saying that it is a hurdle for community-based organizations in accessing PEPFAR funds. He also raises the question of the rights of sex workers, intravenous drug users and men who have sex with men in truly effective prevention methods.
A panelist respondes that the perception of excessive bureaucracy comes from the "clash of cultures" and that Africa's "oral tradition" means that Africans are not used to needing to document financial transactions in writing. He says that that's part of becoming a developed country. "Accept it as a good thing, even though it's very painful," he says.
A USAID panelist gives another prospective on the bureaucracy. He acknowledges that it's frustrating, but also admits that USAID has in the past preferred contracting with larger NGOs than smaller community-based organizations because they are less work to implement and require less oversight. He says that now, 70-80% of PEPFAR partners are locally-based.
He also says that PEPFAR offers grantees the flexibility to promote and educate about condoms in a variety of different ways, so long as they are not providing misinformation. He says that PEPFAR has been decried by the left (for including abstinence) and the right (for talking about and distributing condoms) but he says both sides are wrong. He claims that PEPFAR emphasizes a comprehensive approach. He says he has seen real progress on "the culture wars" in the past two to three years. "People in Africa see that condoms won't solve this problem alone," he says. He claims that behavior change -- delay of sexual debut and reduction in number of sexual partners -- is an integral part of prevention strategy.
A participant from the floor asked about the prospects for the PEPFAR bill currently in the Senate. The USAID panelist thinks the bill has a strong chance of being passed. "They're going to argue about a few little things back on forth...but most people on both sides of the aisle have already agreed."
I'm heading upstairs to the press conference on marginalized communities.
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I'm in a session on promoting gender equality in the response to HIV/AIDS.
Ines Alberdi just spoke. She called for attention to be paid to the women's rights dimension of the pandemic and emphasized the necessity for eliminating gender-based violence in addressing the epidemic. In discussing women's vulnerability in HIV, program planners tend to focus on three things: prevention of mother-to-child transmission, sex workers, and discouraging girls from being sexually active. But Alberdi says, "Consistent focus on these three aspects obscures the complexity of men's and women's lives and the choices they have to make."
An Australian speaker calls for post-exposure prophylaxis (PEP) for all rape survivors. She says that this could be controversial, as very few have access to PEP, but says that it should be a standard part of a rape kit. Legal aid designed to protect women and girls who have suffered abuses is a critical element of HIV service programs. Prosecution must be pursued, so that there is a clear message that abuses of women and children will not be tolerated. "Education can be liberating, but it also can be discriminative," says the speaker. Women "living in villages" may not be educated, may not be able to read or write, but "they are not stupid" and we can "build on their strengths" in prevention efforts.
A Portuguese speaker representing civil society follows -- she draws attention to women's social and biological vulnerability of HIV infection. She says that universal sexual education for boys and girls is an urgent need. "Without male behavior and culture changes, ending epidemic is not possible."
A representative from Peru speaks, a sex worker representing civil society. She notes that Peruvian sex workers have been able to engage in open communication with the health sector, but have not been able to succeed with other sectors. "We've seen a great deal of violence towards sex workers...We were not born vulnerable, we have been made vulnerable by discriminatory policies...policies that favor the Mafia, that then use such policies to extort money and sex from us.
"We become objects of study, not subjects of human rights. They look upon us from our waist down and don't think about murders and other things happening to us...We have a right to work. We should have a policy which would ensure health for us, housing, credit. We deserve a life with dignity, retirement, old age with dignity."
A Zambian representative cautions against a "one size fits all" approach, specifically around sex workers' rights and sexual minorities' rights. He says that religion and religiously-based prevention can tolerate the rights of sexual minorities and treat sex workers without discrimination and that we should not stigmatize religious and moral teachings. He says there is a role for faith-based approaches in prevention.
A sex worker from Argentina speaks. She runs a small organization working with sex workers in Argentina. She says that money is always directed to "major NGOs" and that small agencies are not considered "technically capable." If she and others are capable of starting an organization with very few resources, why can they not receive funding so that they can be present in areas when public policy is being defined for their sector?
A representative from Canada calls for more attention to prevention and treatment strategies that women can control, for instance, microbicides. He also notes that women risk violence when they learn of their HIV status, so HIV testing and counseling must be strictly confidential and must be accompanied by pre-test and post-test counseling. And it must only be undertaken with full and voluntary consent of women and girls being tested.
A representative from a country I wasn't able to catch emphasizes the role of school in women's liberation and argues that studies have shown that school is the best arena for sexuality education. School is where girls are able to seek out information on their own, she says.
A representative from the United Kingdom says that when women attain equal status with men, everyone benefits. And he calls for the importance of women-only spaces in educating women and in which women can seek the information they need.
Inez Alberdi is making closing remarks, and she discusses the need to redefine masculinity and femininity.
Jesse Fanton nods to the representative from Zambia in his conclusion, saying that a faith-based approach might also help women and that his country may also explore that approach.
]]>11:46am: We've now heard from Gulnara Kurmanova, from the International Women's Health Coalition, on barriers to access for sex workers, and from Leonardo Sanchez, from Amigos Siempre Amigos, on sexual minorities.
Kurmanova emphasized that basic human rights violations against sex workers compromise their access to health care (sex workers frequently report being unable to access anti-retroviral therapy and basic health care in detention centers after raids). Kurmanova called for decriminalization of sex work, but also noted that even in countries where sex work has been decriminalized, stigma and discrimination persist. And sex workers' perspective should be taken into account in developing prevention programs.
Leonardo Sanchez noted that with sexual activity between men still illegal in two-thirds of countries worldwide, the stage is set not only for marginalization and discrimination but also violence against sexual minorities. He decried the "shameful exclusion of sexual minorities" in program planning and execution.
11:56am: Winnie Sseruma, speaking on the effects of HIV/AIDS on women and girls, emphasized economic empowerment of women to change social norms and promote women's independence and leverage in negotiation. She also called for comprehensive sexuality education for girls, including condom negotiation strategies and "access to male and female condoms instead of just talking about it."
12:30pm: The floor was opened to statements from civil society representatives. A sex worker from Peru called out the lack of attention given to violence at the UN proceedings, particularly the manifestations of violence in sex workers' lives. Women must be allowed to carry condoms, as men are, she added. She also emphasized the importance of the frame of "sexual rights," saying that, "A woman who has her sexual rights will find it easier to exercise all of her other rights."
Throughout the proceedings, speakers decried the travel restrictions on people living with HIV, in the US and in other countries. The meeting concluded with a call to abolish all HIV-related travel restrictions and the recommendation that the High Level Meeting never again be conducted in a country with a travel ban.
The concluding speaker also spoke strongly on behalf of sex workers' rights, noting that sex workers are stigmatized while those who abuse them or from whom they contract HIV -- often their husbands, brothers, fathers, or other family members -- escape consequences and are even lauded. She also spoke strongly for the inclusion of gay, lesbian, bisexual and transgender voices in planning programs and allocating resources.
The day at the UN started with a General Assembly plenary meeting, in which heads of state and other country representatives outlined their countries' commitment to HIV prevention and care for those already infected.
Tomorrow I'll be blogging from panel discussions on gender equality and AIDS and on PEPFAR. Stay tuned for more reactions to the UNHLM from SIECUS, too!
]]>Then check out the log of the live chat Hirshman had with readers on the Washington Post website today.
And then for a tremendously engaging back-and-forth, kicked off by Hirshman's interviewee, Jill Filipovic, visit Feministe.
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Today, 98 percent of all U.S. women between ages 15 and 44 who have had sex, have used at least one method of contraception. But the American Life League claims that Griswold was, "the first of many decisions that led to the culture of death we live in today."
Cristina Page has more.
From the "We Should Have Reported This Yesterday" File: The CDC has released a study on a wide variety of teen health behaviors, including information about sexual risk-taking. Apparently, condom use -- 61% of sexually active teens, or their partners, use condoms -- has decreased slightly. Advocates for Youth's James Wagoner's reaction: teens just aren't getting the sexual health facts they need.
I can't say it any better than Jill at Feministe: "Pro-life concern for life really does end at birth." Outrageously, the American Life League has forced the shut-down of an affordable housing project being developed by Habitat for Humanity in Sarasota, Florida. Why on earth would this pro-life organization stand in the way of housing access for low-income Florida residents? Because Planned Parenthood sold the land to Habitat. For $10. Apparently, any association with Planned Parenthood, at all, is enough for ALL. The truly egregious part is that Planned Parenthood could have sold their land to anyone, and won't have any trouble finding another buyer. They had "wanted to donate the land so Habitat could build more attainable housing," said local PP president Barbara Zdravecky. No good deed...
You can never have enough feminists writing about Sex and the City! Fans of the long-running comic serial "Dykes to Watch Out For" were delighted to learn that creator (and feminist) Alison Bechdel is a fan of SATC. So are our own Amanda Marcotte and Sarah Seltzer! Read Amanda's analysis of why the backlash to SATC is political at Pandagon.
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What do doulas assisting women giving birth in prison do? As Salon's Lynn Harris points out, they aren't around to "hold mothers' hands and offer lavender-scented hankies during contractions." Instead, doulas from the Birth Attendants, an Olympia-based group of doulas assisting births in Washington state, meet regularly with mothers prior to the birth, discussing women's anxieties about labor and about parenting in a challenging environment (at the Washington Corrections Center, where doulas can assist women in labor, some inmates can keep their children with them behind bars until the child is 2½). Doulas also provide sex ed and information about birth control. The Birth Attendants' Christy Hall has written for RH Reality Check on the challenges of mothering from behind bars.
Population Action International is on the Michael Gerson Watch. This time, Gerson is taking issue with Yale University President Richard Levin's suggestion that (in Gerson's words) "religious Americans who support pro-life restrictions on international family planning aid are as doctrinaire and exclusionary as Saudi extremists." Gerson goes on: "Pro-life Catholics and evangelicals? Wahhabi extremists? What's the difference?" PAI's Craig Lasher responds:
This hollow complaint is from the President Bush's former chief speech writer, who equated those who would advocate for providing contraception to HIV-positive women -- those who wish to avoid pregnancy and spreading HIV to their babies -- with those who would use abortion to prevent cleft lip, clubfoot, and bed-wetting and "'solve" the problems of poverty and disease by eliminating the poor and sick.
You might recall that Michael Gerson has been a thorn in the sexual and reproductive health advocate's side on more than one occasion. He's one of the only mainstream media voices paying any attention to PEPFAR; too bad the part he's playing in this drama is to further muddy the waters between family planning and abortion (reminder: no, PEPFAR money would not support abortion; yes, PEPFAR money would pay for contraception). And then there were his accusations that Obama doesn't "display a welcoming attitude to new life." Because Obama is in support of comprehensive sexuality education. Yes, that's logical!
Finally, Miriam at Feministing covers the debate within the American Psychological Association about whether to remove gender identity dysphoria from the DSM-V. Feministing's commenters note that while a diagnosis can be helpful in obtaining insurance coverage for the medication and medical procedures involved in transitioning, diagnosis is still pathologizing and should not be required for appropriate, sensitive and covered treatment. For more background context, check out this nuanced and thoughtful NPR story on therapeutic approaches to gender dysphoria in young children.
]]>"For the first time, couples in New York who have never known true security for their families will be officially entitled to treatment by our state government that respects their rights. They should now finally get a taste of the family protections other married couples and their children enjoy," Donna Lieberman, executive director of the New York Civil Liberties Union, said in a statement. The directive affects as many as 1,300 statutes and regulations governing relationship recognition, reports the New York TImes.
The directive comes as a response to an appeals court ruling in a marriage recognition lawsuit, in which an employee of a state community college in Rochester sought health care benefits for her spouse, whom she had married in Canada. After a ruling finding the state was obligated to recognize the plaintiff's marriage, the New York Supreme Court declined to review the case.
Gay rights advocates in the state have been pushing for legalization of same-sex marriage throughout this legislative session; this directive makes New York the third state in the country to recognize same-sex marriages performed elsewhere while not performing their own.
California's ruling legalizing same-sex marriage will take effect June 17.
Related Posts
]]>Significantly, the study reports recent research on adopted children that finds that "when parents facilitate their children's understanding of and comfort with their own ethnicities, the children show more positive adjustment in terms of higher levels of self-esteem, lower feelings of marginality, greater ethnic pride, less distress, and better psychological adjustment."
The report assesses the efficacy of the Multiethnic Placement Act (MEPA) of 1994, legislation intended to address disparities in number of African-American children adopted permanently and the length of time African-American children spent in foster care compared to children of other races. The report finds that "The adoption rates of Black children (as well as Native Americans) have remained consistently lower than those of other racial/ethnic groups" and that "While the time that all children remain in foster care has declined due to the reforms legislated by the Adoption and Safe Families Act, African American children still stay in foster care an average of nine months longer than do White children."
The Institute's key recommendations are:
- Amend Inter-Ethnic Adoption Provisions to permit race to be considered as one factor (but not the sole factor) in selecting parents for children from foster care, and allow the preparation of parents adopting transracially.
- Enforce the Multiethnic Placement Act's requirement to recruit families who represent the racial and ethnic backgrounds of children in foster care, and provide sufficient resources to support such recruitment.
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Workers at Agriprocessors, Inc., kosher meat-processing plant allege that they were given shift changes and preferential job tasks in exchange for sexual favors.
Priscilla Huang of the National Asian and Pacific Islander Women's Forum writes:
With each passing day on-the-ground advocates are learning more and more about the way this company mistreated and abused its immigrant workforce. It's come out that many of the female workers at the plant were sexually harassed and exploited. Many were coerced into giving sexual favors in exchange for a promotion or a shift change, and those who refused were given more difficult tasks or unwanted shifts.
In the Des Moines Register, Jennifer Jacobs reported that this raid was the largest single-site immigration raid in U.S. history, and that arrest warrants were issued to 697 workers at the plant.
Other non-sexual forms of physical abuse were also reported.
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Domestic spending provisions, including a fix for birth control prices, have been attached to a $194 billion package to fund the wars in Iraq and Afghanistan. The Hill reports, "Knowing they cannot win passage of a timetable withdrawing troops from Iraq, Democrats have insisted on adding a slew of popular domestic spending initiatives in exchange for about $165 billion for the wars."
In a startling example of kicking someone and then blaming him for your foot pain, FRC implied Sen. Harry Reid doesn't care enough about the troops to let the religious right have its way with birth control:
By fattening up the legislation with controversial earmarks, the leadership has not only jeopardized the timetable for the bill's passage but raised the possibility that it will not pass at all. Despite the urgent needs of our servicemen, Reid and his liberal allies are more concerned about funding the war against the unborn than the war in Iraq.
Who made birth control -- something 98% of American women use at some point in their lifetimes -- controversial? Those darn anti-choicers, who can't stop at outlawing abortion and have set their sights on contraception, too.
Both CWA and FRC both also took the opportunity to suggest -- without a shred of evidence -- that "Plan B can act as an abortifacient." Here is the evidence that they are wrong.
More On the Birth Control Pricing Crisis
Why so controversial? Her position oversees the administration of Title X, the only federal funding program providing contraceptive services to low-income women and men, but she had applauded President Bush's proposal to eliminate the requirement that federal employees' health insurance provide coverage for a range of birth control methods, saying, "We're quite pleased because fertility is not a disease. It's not a medical necessity that you have [contraception]."
Just last week Amie pointed out that the Family Research Council was heading up a group of conservative political groups all pressuring President Bush to cut Title X family planning funding for clinics who also provide abortion services -- and their former employee, Dr. Orr, was the person to whom they made their request. Amie wrote, "Was this...strategy discussed with Susan Orr prior to the letter they recently sent? Isn't this a bit like the oil companies setting energy policy with Dick Cheney?"
The National Family Planning and Reproductive Health Association said in a statement:
NFPRHA members can breathe a sigh of relief because a known opponent of access to contraception will no longer administer a program provides comprehensive family planning services to low-income and uninsured people.
You can use this opportunity to make sure Secretary of Health and Human Services Mike Leavitt knows how you feel about preserving Title X funding for low-income women and men by sending him a letter here.
You might also want to let President Bush know that he needs to make his next appointment to head this post a more appropriate one!
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