Archive for July, 2008

Anti-Choice Group OSA Targets Clinics in Atlanta

Thursday, July 24th, 2008

Here’s a guest blog by Madison Burnett, rising 3L at Georgia State University and recently elected LSRJ national board president.

Atlanta, Georgia

Georgia is not an easy place to be a reproductive justice advocate. Abortion rights are constantly threatened at the state level, and every legislative session in Georgia provides new laws that undermine a woman’s decision to have an abortion or bills that serve as an attempt to challenge to the constitutional right to abortion. Anti-choice groups continue to disproportionately target the South and rural areas where they think- with some reason- that they will be more successful.

The week of July 14-20 served as a harsh reminder to the South’s reproductive justice community that our rights continue to be threatened. The anti-choice group “Operation Save America” came to Atlanta last week. The group, formerly known as Operation Rescue, has a history of blocking access to abortion and family planning clinics and some members have advocated violence against abortion providers. Their threatening activities of the week included throwing a brick through an abortion provider’s window, but luckily no one was injured.

Apparently even anti-choice conservative Christian churches aren’t acceptable enough for OSA. The group even protested at a church in the Sugar Hill suburb because the pastor had the audacity to indicate that women who have abortions shouldn’t be demonized. They also targeted moderate churches who support abortion rights and welcome gay parishioners.

OSA targeted Atlanta in an attempt to pervert our city’s history in the civil rights movement, twisting civil rights language with the goal of restricting women’s power to control their bodies and lives. This majority white, majority male group have gone so far as to accuse Black women and their families as “perpetrators of black genocide.”

The RJ community in Atlanta responded with strength and intelligence. SisterSong Women of Color Reproductive Health Collective, SPARK Reproductive Justice Now , and Planned Parenthood of Georgia led the way, organizing a press conference, counter-protests, and informative workshops. I have never been prouder to be a part of the RJ movement then when I read Spark and SisterSong’s joint statement. Spark also beautifully co-opted the group’s “sidewalk counseling” practice outside a OSA rally.

OSA’s presence is a reminder to all of us of the importance of standing up for reproductive justice, both as citizens and as future lawyers.

News and links

Monday, July 21st, 2008
  • Politico “discovers” the pro-choice spiritual left. It’s actually a pretty savvy article. I think that it’s long past time the religious/spiritual left got some recognition as a political force–from everyone, including the spiritual left itself. Learning to approach reproductive justice from a faith-positive perspective can only help our movement. Some of us may have a hard time getting our head around this, in the context of so many decades/centuries of religiously-motivated attacks on women, sexual freedom, and reproductive rights. (I myself split from Christianity years ago, citing irreconcilable differences.) But as this article points out, the religious Right has done a very good job of hijacking God and spirituality for their own oppressive purposes, and as in many other areas of politics, the left has long allowed them to frame the discourse. Hopefully we’re now seeing the beginning of a push to reclaim it. Combined with the momentum towards framing reproductive rights as human rights, there’s a lot of space in that direction to movement-build.
  • Most of the readers here have probably already seen this, but President Bush has proposed new regulations for the Department of Health and Human Services that, among other things, redefine abortion to include some forms of contraception. Under the regulations, health providers, researchers, and medical schools would only receive federal funding if they sign “written certifications” promising that they won’t discriminate against employees who would rather not perform essential reproductive health services. (Rep. Nita Lowey and family planning activists respond.) Looks like Bush is hard at work on his legacy, intent on leaving the country in as much of a mess as possible come January.
  • Queen Emily, guest blogger at Questioning Transphobia, has begun a really great series on transphobic tropes. Her second post, Patriarchal Privilege, addresses transphobia in feminism. To some extent, this comes from a lack of understanding; women feel transwomen are “really” men trespassing in women’s spaces. Emily deconstructs this idea, outlining the discrimination and violence faced by trans people. As she says, “Trans people are systematically disempowered, on macro and micro levels. Why on earth does any of this sound like we’re getting monthly muffin baskets from the Patriarchy?” No kidding. The exclusionary “feminism” she calls out looks a lot to me like the operation of unexamined privilege. And like bisexual people facing monosexism, trans people fall into that interstitial space between hard and fast categories that makes them targets of prejudice from all sides–even within the LGBTQIQ community. Why is it that even among those claiming to fight for equality, there’s so often some group considered less equal than others?

Erin Simonitch

We Are Not the Enemy: Rethinking the Mommy Wars

Sunday, July 20th, 2008

I have been talking to mothers a lot lately, in part because my peers are increasingly married and starting families, but also because I am increasingly engaged in feminism and reproductive justice. Discussion about women’s rights, health, and experiences lead inevitably to motherhood and its place in our female identities—and often to conflict over what that place should be.

I myself am not a mother, nor do I particularly want to be. I am not motherly. I have always put other priorities above reproduction–education, career, activism–and besides, babies terrify me with their helplessness and fragility. Handed an infant, I hold it gingerly as I might an oddly shaped, wriggly Ming vase until it bursts into tears, at which point I relinquish it with a deep sense of relief. Nevertheless, I am assured by older female relatives that the maternal instinct will manifest, like some latent superpower, “when you have your own, of course.” I find this unlikely, and I’m suspicious of the implication that all women must have this aptitude. That if I do not have it or want to have it, there is something not quite right about me, even in this day and age. That all women want to be mothers. “Of course they do…”

But in talking to women who are mothers–feminist women, women of all generations, not just my “Gen Y”–and particularly to those who have chosen motherhood over a career, I hear, over and over, a sentiment that, at first, surprised me. That motherhood is devalued in our society–that other people, other women, look down on mothers for abandoning their career, implying that a woman cannot be a mother and a feminist. That they must work to gain respect and social status, when in fact motherhood is “the most important thing a woman can do with her life.” Even Rebecca Walker, the prominent third-wave feminist, recently had some harsh words to say about feminist devaluation of motherhood by her own mother, Alice Walker.

Knowing what I know about the abortion debate in the U.S., the ongoing erosion of Roe v. Wade, and the constant pressure brought to bear on women’s autonomy in the law, at first I couldn’t understand where these women were coming from. My experience, of course, is quite different. I see the message of exalted, sacred motherhood at every turn, at every level of public discourse. I see motherhood placed at the center of what it means to be a “real” woman, “natural” motherhood raised above all, my own choices dismissed as just a stage, an anomaly. “You’ll change your mind, you’ll see.” (And I do catch myself wondering, sometimes, what is wrong with me that I don’t want that.)

But then I took a step back, and I realized something stunning (to me.) They were right.

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Dispatches from the Philippines

Wednesday, July 16th, 2008

Our next intern dispatch comes from Lisi Owen, who is an LSRJ intern in Manila, Philippines. Here’s more about Lisi, and then her first fabulous post.

Lisi Owen is a rising 2L at the University of Denver (DU). She wants to pursue a career in public international law and hopes to some day be able to work for the U.N. At DU she is involved with Amnesty International, LSRJ, the Denver Journal for International Law and Policy, and the DU Law Civil Rights Clinic. Outside DU she volunteers with the Colorado Lawyers Committee, the African Community Center, and Dress for Success Denver.

Hello from the Philippines! As Emily told everyone last week, this summer LSRJ has placed interns in Thailand, the Philippines and Nepal. I am the intern in Manila, Philippines, and am working with EnGendeRights, Inc., a women’s rights legal NGO.

Our biggest project for the summer is working to repeal an executive order of former Manila Mayor Jose “Lito” Atienza that effectively bans modern family planning services (pills, IUDs, ligation, injectables, vasectomies, etc.) in Manila City. Executive Order No. 003 was instituted in 2000 shortly after Atienza took office, and although a new administration has now taken over, the EO has yet to be repealed.

The effect of the contraception ban has been felt most heavily by poor women who are unable to afford contraceptives and other family planning services from private hospitals or who are unable to spend the time and money to travel to other cities where such services are available. For detailed accounts of the burden the ban has placed on these women, you can check out a report compiled by local Philippine NGOs and the Center for Reproductive Rights, in New York, entitled Imposing Misery: The Impact of Manila’s Contraception Ban on Women and Families, available on CRR’s website under publications.

While we are working hard to pressure the current Mayor, Alfredo Lim, to repeal the executive order, and to pressure the national government to maintain a more pro-family planning stance, we have already made some progress in terms of actually addressing the family planning needs of women in Manila. Through a partnership with Marie Stopes we were able to provide free ligation services for women in Tondo, Manila, which is one of the poorest areas in the entire Metro Manila area. Additionally, last Friday in honor of World Population Day the Reproductive Health Advocacy Network held a reproductive health fair, also in Tondo, at which hundreds of women availed of family planning services. Such an event is unprecedented in Manila, and was a huge achievement given the difficulty NGOs and other healthcare providers have faced in the past in providing family planning services in Manila.

I must reiterate Emily’s point about how amazing it is to actually see the accumulation of my academic knowledge “filled in by the color of experience.” Reading about international law and its implementation and actually seeing it on the ground, so to speak, are two entirely different things. It certainly is inspirational and exhilarating to be a part of the latter!

Live, From Mae Sot!

Thursday, July 10th, 2008

As some of you may know, this summer LSRJ has set up a series of fantastic international opportunities to send law students into the field, and fight for reproductive justice abroad. LSRJ has put dedicated activists in Thailand, the Philippines, and Nepal. Our crew will be blogging about these experiences throughout the month of July. This first post is by Emily Kane. Emily is a rising 3L at the University of Arizona James E. Rogers College of Law in Tucson, AZ. A native of California, Emily spent her two years in between undergraduate and law school in Washington, DC at the Religious Action Center of Reform Judaism (RAC) doing advocacy work predominantly in the areas of reproductive justice and judicial nominations. She is currently spending her summer as an LSRJ International Intern in and around Mae Sot, Thailand working on international reproductive justice advocacy.

In Thailand, where I am one of two LSRJers placed, we are working on a project through the New York based Global Justice Center. Specifically, we are asking two major questions of international human rights law: 1) are women (and their partners) protected from government pressure and interference in making their family planning choices?; and 2) if maternal birth rates are abnormally high, at what point can a government be blamed? These questions, perhaps seemingly uncomplicated, have not been asked in quite this way and represent uncharted territory in the reproductive justice world. In seeking these answer, we are scouring the net (thank you Westlaw and Lexis Nexis!) and the countryside (interviewing Burmese refugees in western Thailand).

As with all summer law jobs, it is amazing to see the outlines of classroom conversations and mountains of text filled in by the color of experience. Last fall, I took a course about the UN and human rights, related treaties, and the processes by which these treaties are actualized. Reading CEDAW for class last November, while fantastic, cannot compare to reading it now as we try to apply it to the project before us.

Struggling with language barriers, gauging foreign cultural norms, and mining through the vast universe that is international human rights law has been humbling. At the same time, studying the law and (perhaps) finding new avenues to help women attain the international human rights to which they are entitled is emboldening.

The (New) High Cost of Choice

Monday, July 7th, 2008

Hi, folks. As Julie mentioned in her intro post, I’ll be guest blogging at Repo Repro this summer while she masters the bar exam. A little about me: I’m headed into my second year at UC Davis School of Law (King Hall) and will be co-chairing my LSRJ chapter for the 2008-2009 academic year. I’m also a news junkie, and blogging is one of the things I do for fun (yeah, huge nerd here) so I’m thrilled to have an opportunity to apply those dubious talents for a good cause. Thanks for reading!

–Erin Simonitch

Small changes can make a big difference.

It’s a principle that helps sustain and hearten those of us committed to social justice. Without it, the magnitude of the work would overwhelm us. But it’s a double-edged sword, because the principle operates whether the change is for better or for worse. So it’s also why law schools drill “baby lawyers” to obsess over details and precise wording. Use the wrong language in a contract agreement, leave out an important detail, fail to thoroughly define your terms, and sooner or later the consequences will explode into thousands of dollars of unnecessary expenses, while you’re stuck in court debating the meaning of the word “chicken.” (As my property professor likes to point out, litigators exist to clean up other lawyers’ messes.)

Members of Congress demonstrated their failure to understand this concept when they passed the 2005 Deficit Reduction Act, making a small change in federal Medicaid law that has a big impact on young women’s access to contraceptives. Before the Act’s passage, pharmaceutical companies could and did offer hormonal contraceptives at significant discounts. But in drafting the new rules for calculating Medicaid rebates, lawmakers left out a provision that would have preserved those discounts for campus health centers. Now, pharm companies must sell contraceptives to clinics at higher prices or suffer a financial penalty–a “business decision” that’s all too easily made by corporations for whom the bottom line is, well, the bottom line.

The result, of course, is that students pay the price. Contraceptive costs have risen dramatically on college and university campuses, sometimes as much as 500%.

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Asleep at the Wheel

Monday, July 7th, 2008

Well, the bar exam has officially robbed me of my time, energy, and capacity to blog. But injustice continues. So we’re bringing on some super guest bloggers for the summer — starting today. Look out for posts from LSRJ interns Erin Simonitch (writing from California) and Emily Kane (from Mae Sot, Thailand). I’ll let them each tell you more about themselves….

And away we go!