Rosie Wang, Columbia

Culture is to softness as is policy to hardness. Cultural change is to a wave as legal change is to a solid object. No, this is not the return of the ye olde standardized testing analogies but some of the concepts used today at a storytelling workshop that explained the role of stories in the RJ movement. Basically, stories are engines of change for public sentiment, and subsequently political reality. Awesome, but admittedly, also a bit abstract to me. What made it click on a new level for me was Sujatha Jesudason of CoreAlign’s truly powerful closing talk to the LI. She said that to survive, the reproductive justice movement had to break its bad habits. This included no longer telling stories of victimhood, and instead writing a heroic narrative, in which the heroes include all people as people who have agency in their reproductive lives. She said that the RJ movement must craft something akin to Rosa Parks’ story, something both familiar in its everyday aspect, and yet with lasting potential for symbolism and parable. Looking back on the stories that I have helped tell this summer via this blog, I see myself falling into this very trap of bad habits. Writing about Bei Bei Shuai, a woman being charged with murder and feticide for attempting suicide while pregnant and mentally ill, I wrote that “her story demonstrates how even women who have conformed to the mainstream can become victimized.” And yet Ms. Shuai is a hero to me for facing with optimism and strength a legal system designed treat her body as first and foremost life support vessel for her fetus. But this is story that is yet unresolved, where victory is uncertain –how can it be a success story and not something reactionary? I concluded that the narrative of someone acted upon and then acting in response is not victimizing or teleological. Instead, it is empowering and can do important work in touching upon people’s common sense of humanity. I think it also serves as a rallying cry to people devoted to RJ to support Ms. Shaui in determining the course of her own heroic narrative. Because while anti-choice has it easy in that they can frame decades of reproductive oppression and the status quo as “tradition” for the dominant story they tell, we get to write our own rallying cry from scratch, with the very work we do every day.

JoAnna Smith, Emory

The last session of the weekend called “Where Do We Go From Here? The Future of Reproductive Health, Rights, and Justice,” challenged all of us to think about the history of the reproductive justice community, to analyze our successes and, more importantly, the bad habits we have formed, and to think critically about how to move the conversation forward.

One of the speakers was Ms. Sujatha Jesudason, the Director of CoreAlign Initiative.  CoreAlign did a study to analyze what was working and what needed to be improved in the RJ community. They found that the movement was extremely well-funded, but that we lack cohesive messaging, inspiring leaders and goals, and actions that are proactive rather than reactive. Instead of looking at the issues of rights, justice, and health as separate issues to be addressed by different experts, we needed to find ways to make connections, share resources, and to focus on RJ heroes rather than victims.

I thought back to an exercise we did the first day where we were asked to design a program around a reproductive justice topic. Many of us who were well-versed on abortion-bans, defunding of Planned Parenthood, and vaginal ultrasounds struggled with the assignment because we had never thought about some of the other RJ issues out there. Even those who had thought about them, had never before considered out to communicate them to a broader audience and in a way that included the voices of those RJ impacts the most.

I also thought about the session I attended on chapter strategic planning. I attended but was skeptical that a campus club like mine would benefit much from a strategic plan; it seemed too formal for what we were. But after hearing Ms. Jesudason talk about how the RJ movement is doomed to stagnation and repetition of bad habits without close self-examination and a plan for success, I am a convert.

I pledge (and I challenge you to pledge) to examine how my organization is doing RJ work. Do we sacrifice a broader message in the name of an easy event? Could we reach a more diverse group of people by spending more time coalition building on campus and in the community? Can we acknowledge the successes of those who came before us while doing something different, better, more successful?

I am so excited to get back to campus this fall to get started on our strategic plan. I wish you good luck on yours!

Catrina Otonoga, Case Western Reserve University

From the first moments of meeting the LI attendees at the hotel, until the last drinks of the day, there was a flurry of hugs being passed around the conference. Old acquaintances and friends from home schools and across the country were meeting up sharing stories, and bonding – like partners, and sisters. Although a few men, who offered great and much needed perspective throughout the day, joined us, the feeling of sisterhood was palpable.

Women began comparing their chapters to their experiences in a sorority, and were concerned with how to create a lasting legacy, recruitment of new 1L “pledge classes”, and making sure the work they had begun was continued long after their journey though the law school. The vibrancy and energy of being surrounded by so many people, with so many viewpoints and ideas was overwhelming. But, underneath each of those ideas, was the knowledge that here in front of you was your ally, your sister, your kindred spirit that you could turn to throughout not only the LI and law school, but far into the future.

But, don’t let all this talk of sisterhood fool you. Each of the women was passionate about integrating more and more voices to the movement – men, women of color, people who identify as LGBTQ, people with lived experiences in poverty, immigration… the list went on and on. RJ is far more than just a women’s movement or a women’s issue, and the people of LSRJ recognize that more and more each time we convene with each other. The feeling of sisterhood, is not just that shared between women, but a bond shared between people who are so passionate, so invigorated by working toward shared goals that there is nothing you can do except smile, hug and know that the legacy will be there, building upon itself, riding waves of ups and downs, for years.

JoAnna Smith, Emory University

During the first day at the Leadership Institute, we discussed how the reproductive justice model differs from other frameworks for reproductive rights or social justice.

It made me think back to when I was working as a labor doula before law school.  A labor doula is a trained and experienced professional who provides continuous physical, emotional and informational support to a woman before, during and just after birth.  A doula learns that she is there to help the woman have a safe and satisfying childbirth as the woman defines it. It is not the role of the doula to discourage the laboring woman from her choices, nor to project their own values and goals onto her.

As a doula, I was required to listen more than I talked.  I learned to encourage women to ask questions and get information rather than doing it for her.  I learned that I couldn’t possibly understand all the circumstance of another woman’s life that drive her to make the decisions she does, but that I should do everything in my power to hear her and help her achieve those choices.  I learned to work behind the scenes, providing valuable skills and resources when needed, but never taking the spotlight away from those who really mattered: the woman, her family, and supporters.  Outside of the birthing room, I advocated for changes in a complex system of institutions, laws, and circumstances that make it difficult for women to have the birth they knew was best for them.

What I heard during the RJ 101 session made me think hard about the role of an RJ lawyer.  In law school we learn how to be the interpreter of the law and the one who gives advice.  We are taught to stand up in front and speak confidently.  We are taught to be, or at least act like, the experts our education prepares us to be.

But the reproductive justice framework asks us to focus on the intersections of race, class, sex, age, sexual orientation, gender expression, immigration status, and ability and how they impact access, agency, and autonomy in shaping one’s reproductive destiny.   It shifts our role from achieving a right or winning a case for someone to one that requires us to listen and to act only once we attempt to understand those we serve.  It asks us to work with communities as allies, strategists, and advisors to overcome the complex systems, laws, and circumstances that make it difficult for people to have the reproductive destiny they know is best for them.

We must be doulas in the reproductive justice movement.

I am incredibly honored to be at the L I with so many soon-to-be lawyers who will continue to doula this movement, and those it affects, forward with compassion, grace, and integrity.

This year, OULSRJ was a new student group, so initially we were concerned with visibility and navigating unfamiliar bureaucratic processes. Since our student body leans more conservative, I was also secretly concerned that my co-chair and I would be the only law students interested in the group. I was happily proved wrong though. At our first meeting, we introduced people to the reproductive justice framework and elected officers. We had more than enough people to fill all six positions that we’d created!

We knew we needed to be strategic with the events we planned. Hosting an event like a sex pleasure workshop was probably going to cause more harm than good four our reputation at least for the first year we existed. Instead we wanted to focus on topics that are less controversial but still important.

In February we were honored to have Lynn Paltrow of National Advocates for Pregnant Women and Julie Burkhart of Trust Women speak at an event titled Pro-Life or Pro-Lives. Paltrow’s discussion of how fetal rights claims can also harm women seeking to carry their pregnancy to term resonated with at least one student who was undecided about the issue. My only regret is that we did not reach out enough to the more conservative groups at school.

The Women’s and Gender Studies department at the University of Oklahoma also hosted a regional conference on reproductive justice for the first time in February. There were about 200 attendees from Oklahoma, Texas, Kansas and other states. Topics included sexual assault, religion and reproductive justice, and the LGBTQ movement and reproductive justice.  This conference exposed attendees to the reproductive justice framework and showcased a wide variety of topics.  Many students in Middle America do not have the money or time to travel halfway across the country to conferences on the coasts, so it was nice to have these large-scale conversations on our own campus.

We also had Ryan Keisel of the American Civil Liberties Union of Oklahoma speak about reproductive rights-related legislation. The main topic was personhood since it seems like advocates are trying to enact this policy in Oklahoma from all possible angles. Some people also shared their individual experiences with reproductive rights restrictions in Oklahoma and how the laws affected the health care they received. To me, these conversations are more productive than the traditional ones we often have that involve pro-choice rhetoric. OU LSRJ tried to steer clear of phrases like “get your laws off my body” or “get your religion off my body” not only because critiques of “choice” are central to the reproductive justice framework, but also because those sentiments just don’t resonate with folks here.

As we begin planning for next year, I want to remember our successes and our failures. Next year I’d like to concentrate on meeting more frequently and working with other student groups, while still focusing on how to message reproductive justice issues in a state that identifies predominantly as pro-faith and pro-life.

Mallory Carlberg, University of Oklahoma College of Law

This month an attorney from the National Advocates for Pregnant Women (NAPW) visited Oklahoma to talk about her work with grassroots activists in Mississippi. Mississippi voters recently rejected Initiative 26, a personhood amendment, which would have defined legal personhood at the moment of fertilization. Shortly after the victory in Mississippi, an Oklahoma group announced they would seek approval to collect the needed signatures to put a personhood amendment on our next ballot. Mississippi activists did a wonderful job with their various campaigns against personhood, but activists here are glad to get earlier notice of a similar campaign and to learn from their experiences.

The NAPW attorney discussed campaign logistics with us. Mostly she stressed that we need to be flexible in our messaging. For example, health care professionals are going to have different concerns than lawyers who are going to have different concerns than people of faith. Throughout her talk, I thought about last summer’s LSRJ Leadership Institute where I heard a presentation on the role of lawyers in the reproductive justice movement. The speaker said that lawyers should be the experts on reproductive rights law and provide activists with information and resources. NAPW is a great example of a national reproductive rights legal organization working with local reproductive justice activists in this way.

If the media dedicated airtime to Initiative 26 at all, most reporters focused on the amendment’s possible effects on birth control and assisted reproductive technology. However, NAPW has been highlighting the equally, if not more, troublesome effect an amendment might have on pregnant women who choose to carry their pregnancies to term. Explaining to the general public that, under a personhood amendment, a woman could lose her status as a constitutional person is a more difficult task, which requires legal experts at least initially. NAPW has framed the message in an accessible way, using legal research and past cases on which they have worked to show how a personhood amendment could create unprecedented state power to control pregnant women. Here is an example of a resource they provided for grassroots groups in Mississippi (http://youtu.be/iU2BZN_GrhI).

Hopefully, Personhood Oklahoma will not collect the signatures they need, but with the support of reproductive rights lawyers, Oklahoma activists are preparing for if they do, and OU LSRJ will be there to foster an in-depth discussion among our classmates on the legal issues surrounding fetal personhood.

Joanne Caceres, Harvard Law School

Things are busy as ever as the members of HLSRJ finally dive into our long planned Speak Out Week, which aims to engage the HLS student body in honest exchanges about reproductive health, listen to and share personal stories about reproductive choices, and explore the ways in which access to abortion and other reproductive services intersect with larger social movements. Kicking off our week, our first event was “Bro-Choice,” an event geared towards men and their role in the movement. I am happy to report that we had exceptional attendance and that several men signed up for our weekly email list. We are excited for further exploration into engaging men on campus!

Other events this week include two intersectional panels, one featuring women of color and the pro-choice movement, with Gretchen Sisson, Reverend Penny Willis, Jasmine Burnett and Kaitlyn Soligan; and one featuring different religious perspectives on reproductive justice, with Reverend Marvin Ellison, Rabbi Peter Stein, Reverend Matthew Westfox, and Prof. Daniel Dombrowski. As with all of our events, cross promotion and co-sponsorships greatly contribute to our success. Thanks to our partnership with students from the Harvard Kennedy School, we will be screening of 12th and Delaware followed by a conversation with NARAL Pro-Choice MA.

We are also speaking out using Facebook, our LSRJ website, posters, and word of mouth. We have asked HLS and other greater Boston students share their own reproductive health stories, in the hope that doing so will open up a more honest and nuanced conversation regarding the choices women make throughout their lives. To contextualize these stories more effectively, Julia Reticker-Flynn from Advocates for Youth will join us for a strategy discussion regarding how and why to share abortion stories. We encourage all students reading this to also contribute to our survey or tell us what pro-choice means to them in our new tumblr! We hope our events will inspire other groups on other campuses to Speak Out as well!

Burke Bindbeutel, University of Missouri School of Law

Last Sunday night I felt an urge to see Ben Roethlisberger of the Pittsburgh Steelers crushed by opposing linebackers. This was not because I am an Indianapolis Colts fan (I am not). No, I wanted the beefy quarterback to be Theismannized because his off-the-field conduct has earned him two accusations of sexual assault. Roethlisberger continues to receive the adulation of the Pittsburgh faithful despite behavior that puts less talented men behind bars.

Last year, right in my hometown, the Missouri Tigers suspended their team captain indefinitely due to a sex crime allegation. He was eventually convicted. Could it be that there is a necessary link between football and sexual violence? (more…)

Galen Sherwin, ACLU Women’s Rights Project

This entry is cross-posted from the ACLU Blog of Rights

Women should not be forced to choose between breastfeeding their babies and pursuing a legal education — right?

Wrong — at least according to the Law School Admissions Council (LSAC), the organization that administers the LSAT.

This summer, our sister organization, MomsRising, contacted us about one of their members, Ashley (she prefers that we use only her first name), a new mom who was planning to take the LSAT in October. Ashley had asked for additional break time so that she could pump breast milk for her 5 month old son during the test. (It typically takes half an hour to pump, but the LSAT only has one 15 minute break during the test). Her request was denied — when she initially called to request this accommodation, she was told she would either have to take the test under standard procedure, wean her baby in time for the October 1 test date, or opt to take the test at a later time when she was no longer breastfeeding. Seriously.

When we looked into her case, we learned that LSAC has a blanket policy of refusing such requests from women who are breastfeeding, because they are not considered “disabled.” This puts breastfeeding women at a significant disadvantage. Babies typically eat every two to three hours; if moms are away from their babies and aren’t able to empty their breasts on the same schedule, it causes pain, possible infection, and reduction in milk supply. Without sufficient time to pump, Ashley, and other moms in her position, will become increasingly uncomfortable as the test progresses—a serious distraction that could lead to a lower score, not to mention the health risks.

Because the LSAT is one of the gateways to law school admission — it is universally used by U.S. law schools as a primary admissions criterion — this policy creates a barrier to women’s entry into the entire legal profession. And law is not the only profession with this problem in its testing system. A few years ago, a woman in Massachusetts had to get a court order so that she could pump during the Medical Licensing Examination.

In a phone call yesterday, the general counsel of LSAC, Joan VanTol, was unresponsive to arguments about inequality in educational opportunity, and merely reiterated her position that LSAT was under no legal obligation to offer Ashley an accommodation. Essentially, the message LSAC appears to be sending is that it does not care whether this policy disadvantages women.

When I called Ashley and told her that LSAC was not budging, she said (with some feeling), “I’m taking that exam on Saturday, no matter what.” But she still wants to push to change the policy, because “it’s just not right.” It sounds like she’s on track to become a kick-ass lawyer.

TAKE ACTION >> Send an e-mail to the Board and CEO of LSAC, urging them to change their policy and allow nursing mothers reasonable accomodations during the LSAT! Then, post the following to Twitter, to send them a message and to spread the word to your friends:

Hey @Official_LSAT! Don’t shut nursing moms out of law school! Change your policy to accommodate breastfeeding women! http://aclu.org/LSAT

As a special bonus action, if you’re really riled up, you can go to LSAC’s Facebook page, a post the same message above there as well. Let ‘em know how you really feel!

Mallory Carlberg, University of Oklahoma Law School

Anyone who follows reproductive justice news knows that Oklahoma is often the testing ground for new anti-abortion legislation. State legislators pass bills through the House and Senate with ease. Even when a Governor vetoes a bill, both bodies often have the two-thirds majority needed to override the veto. Since the 2010 midterm election, the situation has only worsened. Our new Governor will not veto any anti-abortion measures, and our new Attorney General endorses redefining “persons” under the Fourteenth Amendment to include fetuses. Oklahoma politicians also routinely undermine other reproductive justice concerns, such as access to comprehensive sex education, family planning services, and social programs assisting struggling families.

The University of Oklahoma (OU) law school produces an excellent class of lawyers every year, most of whom will work in Oklahoma and Texas. A sizable amount will be the next generation of legislatures and judges. In classes, constitutionally protected rights are often discussed in a vacuum as if race, class, gender, sexuality and ability do not affect a person’s experience of their rights. One major goal in starting OU Law Students for Reproductive Justice (LSRJ) is to engage future Oklahoma lawmakers with reproductive rights in a deeper way. The RJ movement’s refusal to be a single-issue movement makes it ideal for building coalitions in a red state. Even if a student’s personal views are against abortion, we can often find common ground on other RJ issues like domestic violence, maternal health, and sex education.

At meetings we want to educate law students on issues they may not have considered and re-complicate the already complicated issue of abortion. This process will start with our upcoming event RJ 101. OU LSRJ members are also helping with “Take Root: Red State Perspectives on Reproductive Justice.” OU, RJ non-profits and RJ community groups have come together to bring a conference to OU next semester, which will focus on red-state specific issues. The conference will showcase national and local leaders and provide young, RJ activists with a space to meet and exchange ideas.

Though our state may have further to go than others to achieve RJ for all, the willingness of OU law students to discuss these issues and the support OU LSRJ has received from faculty inspires me. There is a small, but growing group of Oklahomans who are dedicated to bringing these issues to light. I am excited for OU LSRJ members to bring that conversation to the law school.