Support the HEAL Immigrant Women and Families Act!

This article was originally published by the National Center for Lesbian Rights.

Lauren Paulk is the Law Students for Reproductive Justice Fellow at the National Center for Lesbian Rights.

Though the Affordable Care Act (ACA) will go a long way toward ensuring access to quality healthcare for most LGBT individuals, many LGBT immigrants are still prohibited from obtaining the affordable health care they need. Despite being authorized to live and work in the United States, many immigrants—including LGBT immigrants—are ineligible for affordable health coverage and care through vital programs like Medicaid and the Children’s Health Insurance Program (CHIP).

Many immigrants are subject to a ban that makes them ineligible for federal Medicaid and CHIP for at least the first five years they are authorized to live and work in the United States, and other lawfully present immigrants who do not fall into an outdated and restrictive list of “qualified” immigrants are barred altogether. Since immigrants—particularly LGBT immigrants—are disproportionately low-income, it can be difficult or impossible to obtain the health care they need. That means five years without insurance coverage for critical and life-saving services, including pap smears, mammograms, HIV treatment, mental health care, or pediatric care for children.

Young people granted status through “Deferred Action for Childhood Arrivals” (DACA) are forced to wait even longer. DACA refers to a program enacted in 2012 that allows undocumented people ages 15-30 who arrived in the US as children (and who are currently in school or working) to remain here for renewable two-year periods. While they are considered lawfully present and are eligible to work and pay into public health benefits systems, they are prevented from accessing affordable care. Currently, people with DACA status are ineligible for federal Medicaid or CHIP coverage and the years they live in the United States with DACA status will not count toward the five years of lawful presence required before they become eligible. To add insult to injury, these young people are even ineligible to purchase private health insurance on the ACA exchange—with or without federal subsidies.

Many LGBT immigrants come to the US after fleeing interpersonal and state abuse based on their sexual orientation or gender identity. However, once they arrive, LGBT immigrants face a number of challenges to obtaining affordable and culturally competent health care. While the ACA will continue to combat the discrimination LGBT people face in the health care system due to lack of cultural competency, all of its positive effects are out of reach for LGBT immigrants because of gaps in coverage. The existing barriers to affordable health care disenfranchise hard-working LGBT immigrants who come to the United States to have a better life, only to encounter difficulty getting the care they need. Moreover, because LGBT immigrants are much less likely than non-immigrants to be able to access health care through their jobs, they are putting work into a system that does not support them.

However, new legislation introduced by Congresswoman Michelle Lujan Grisham would change these realities for good. The Health Equity and Access under the Law for Immigrant Women and Families Act of 2014 (“HEAL Immigrant Women and Families Act” for short) restores access to Medicaid and CHIP for immigrants authorized to live and work in the United States who are otherwise eligible. The bill also extends full participation in the ACA to young people granted status under DACA.

The HEAL Immigrant Women and Families Act is especially important for families. LGBT families are more likely to live in poverty than non-LGBT families, meaning health care on the private market is often out of reach. We know that LGBT people deserve the same access to health care as non-LGBT people, and this should include LGBT immigrants. The HEAL Immigrant Women and Families Act would bridge the gaps in the ACA, Medicaid, and CHIP by extending needed care options to immigrants, and in so doing, strengthen our workplace, our economy, and our communities. NCLR applauds Congresswoman Lujan Grisham for introducing the HEAL Immigrant Women and Families Act, and we encourage other members of Congress who support the LGBT community to stand beside her in expanding the health care options for many LGBT immigrants. Please show your support for the HEAL Immigrant Women and Families Act by signing this pledge, put together by the National Latina Institute for Reproductive Health. Please check out @NLIRH’s twitter timeline for more information on how this important bill will impact our communities!

Reflections on Women’s History Month

Deodonne Bhattarai, Resident Blogger (’12, Northeastern University School of Law)

Hannah Dustin is my great aunt thirteen generations removed.  As a direct descendant, Hannah’s story was as common to me growing up as any fairytale or children’s book.  In 1697, Hannah was kidnapped, along with her infant daughter and midwife during an Abenaki raid on her farm in present day Haverhill, MA.  At some point during her abduction, Hannah’s days-old baby was brutally killed by her captors when they smashed her against a tree to stop her from crying.  During a night on a small island in NH, Hannah, with the help of her midwife and a teenage boy who had been taken from another town, escaped after killing and scalping many of the Abenaki. Hannah then made her way back to her family in Haverhill, where she received a generous bounty and eventual notoriety for her actions.

In 1874, a statue of Hannah was erected on the small NH island. It is believed to be the first publically funded statue of a woman in the country – no small feat in a nation where only 8% of all outdoor sculptures of individuals depict women.[1] The island also took on the name of the Hannah Duston Memorial State Historic Site. However, like many strong, independent women, Hannah’s motives have been called into question and her legacy is wrought with controversy.  What is seen by some as a grieving mother’s desperate fight for survival and self-preservation is countered by claims that she was a vengeful, murderous women who should be seen as no more than a mercenary.

This past fall, a representative of the New Hampshire state legislature introduced a bill that would have, in response to this on-going controversy, stripped Hannah’s name from the island, returning it to its original name of the Contoocook Island State Historic Site. The bill was withdrawn once it was determined that the state didn’t actually own most of the island.

Women’s History Month provides an opportunity to reflect upon how we view female historical figures and I can’t help but wonder if this story would continue to garner so much ire if Hannah had been a man. The reductionist, ‘mercenary’ view denies Hannah’s experience justice in a similar way many would deny women their justice in the realm of reproductive health services.  By focusing on the broader context at the expense of the individual experience we are posed to miss out on the lived reality of women past, present, and future.

Removing Hannah’s name from the island would not change this discreet episode of violence within the broader context of our country’s contentious and painful history with the Native Americans and it is disappointing that this revisionist approach to history would come at the expense of one of our nation’s few female historical figures.  For now though, it appears that Hannah’s name will remain and other elements added to the landmark.  In this way, we can recognize and honor the Abenaki experience without literally erasing Hannah’s.

Sterilization Abuse Isn’t a Relic of the Past

Candace Gibson, Resident Blogger (’12, University of Utah S.J. Quinney College of Law)

As many scholars have noted, laws that were passed to involuntarily sterilize those who were poor, those with disabilities, those institutionalized, and those deemed “sexually promiscuous” and others during the beginning of the century also impacted women of color.

In 1903, President Theodore Roosevelt began to fear “race suicide” or that “Yankee ‘stock’ …. would be overwhelmed, numerically and hence politically, by immigrants, nonwhites, and the poor.”

Latinas were impacted on the continental United States as well as in Puerto Rico during the first half of the twentieth century. U.S. policy promoted permanent sterilization in Puerto Rico through door to door visits by health workers, financial subsidies, and employers favoring sterilized women in the hiring process.

Things hadn’t changed much by the seventies.  In Madrigal v. Quilligan, it came to light that medical practitioners at Los Angeles County Medical Center coerced low-income, immigrant women into sterilization within hours of giving birth.  One plaintiff, Maria Hurtado, described her situation: “I was told through a Spanish-speaking nurse, that the state of California did not permit a woman to undergo more than three caesarean section operations, and since this was my third, the doctor would have to do something to prevent me from having another caesarean operation.  They did not explain or describe the tubal ligation, and it was later performed on me without my knowledge or consent.” When the case was decided in 1978, the judge ruled that the practitioners had acted in good faith and without intent to harm.

Latinas in California’s mental health facilities were also subjected to sterilization abuse because they were labeled feeble-minded or because their parents could not support them or for other arbitrary reasons.  However, these women shared similar characteristics: they were of Mexican origin, they had little access to education, and their families migrated back and forth to the United States. This story of abuse started in 1909 and lasted until 1979.

To this day, advocates are hearing stories of abuse and coercion when women are in the hands of the state for their care.

During this past summer, it was reported that 132 women incarcerated in the California prison system were forcibly sterilized between 2006 to 2010.  As you can imagine, many of the women were women of color.  In 2010, Latinas and African-American women made up 59% of the California prison system and these numbers are indicative of the national trend of low income women and women of color serving time in prison for non-violent offenses.  The providers who sterilized these women assumed that these women were repeat offenders or believed these women should no longer parent because they had multiple children.  Many of the women went in for various reproductive health care needs and were misled to believe that sterilization was their only option for treatment.  It is disappointing that these women were deemed to have no dignity or autonomy by their providers. It is more distressing that the mainstream reproductive rights movement has forgotten about these women even though correctional institutions are the second largest provider of reproductive health services in this country.

The situation of these women and their families reminds us that we are a long way off from the right to parent and the social supports needed to actualize this right for many persons in this country.

Getty Images & The Lean In Collection – There’s Room to Lean Further

Deodonne Bhattarai, Resident Blogger (’12, Northeastern University School of Law)

Last month Getty Images, in collaboration with Facebook CEO Sheryl Sandberg’s LeanIn.org nonprofit foundation, launched over 2,500 new stock images aimed at depicting “female leadership in contemporary work and life”. As a collection, the images are a beautifully composed collage of picture perfect women, girls, families, and friendship. However, taken individually, some of the images may perpetuate a problematic oversimplification of what it takes for women to thrive in the corporate world.

A number of the images play with the work/life balance motif, showing thin, stylish women in contemporary work and home office settings.  In an interview with NPR, Getty’s Pamela Grossman discussed how these images were intended to present an updated and more dynamic vision of motherhood.

“The older model would be that … the mother looked incredibly harried, and she would be juggling a dinner plate in one hand and a baby in the other. Sometimes even more arms would be Photoshopped onto her to show just how indeed she was juggling it all.”  Grossman compared this outdated model of a multitasking mom with that depicted in the LeanIn Collection, “They really feel like they have contemporary style, and they’re engaged and energetic.”

Although the intent behind the collection is admirable, it is hard not to question whether this contemporary view of working mothers may be setting an unobtainable bar for those of us contemplating or trying to balance motherhood with a career.  In a country where income inequality continues to grow and women face a wage gap of $.77 to every dollar earned by a man, where most lack access to paid maternity leave, where the glass ceiling and maternal wall are still very much intact for women pursuing corporate leadership, and where female attorneys represent less than one-third of lawyers at law firms (a number that has actually been dropping for the past four years), the new Collection presents a picture that is hard to reconcile with the reality working mothers face.

Many of the images of working mothers show them sitting at their immaculate desks, working on their laptops while young children balance on their knee or sit serenely nearby. How do these women manage to keep their children from grabbing at the laptops, pouring coffee over the keyboards or pulling on their dangly earrings and perfectly coiffed hair?  Where are these women supposed to be?  Certainly not at work-I have no data on this but I bet there are more dog friendly offices in the U.S. than child friendly.  So are these mothers supposed to be representing the women who are fortunate enough to have a flexible working schedule that allows them to work from home? If so, they must be wealthy enough to afford housekeeping because their offices are immaculate with few or no toys in sight for their perfectly behaved children.

Although the collection does include women of various ethnic backgrounds and ages, it fails to move past the model thin and designer dressed. The idea of a more “contemporary” working mother is nice, but at the end of the day these are stock photos used to depict artificial scenarios in order to sell a product or service, or to communicate a point of view or sentiment..

To claim that the Collection serves a loftier dual purpose is an overreach and I question whether these images of the “contemporary” working mother are actually an improvement upon the traditional multi-armed multitasking mother. What woman can possibly live up to the unrealistic standards these images depict while trying to succeed in a world where working women continue to be discriminated against because they are mothers. The Collection’s embrace of the unrealistic while touting it as “empowering,” left me feeling just the opposite – how will I ever be able to obtain such a lifestyle while balancing my legal career with the needs of my family?

Lady Parts

Mangala Kanayson, Resident Blogger (’15, Emory University School of Law)

Dear LSRJ Blog Reader,

Lady Parts (LP) is a student-run production that highlights the issues surrounding gender, sexuality, and identity, as pertaining to women. Through a series of monologues, LP aims to educate, enlighten, and empower both women and the surrounding community in order to accept, advocate, and celebrate.

In 2013,  Emory Law Students for Reproductive Justice, in partnership with the corresponding student organizations at the Public Health and Medical Schools, brought Eve Ensler’s play “The Vagina Monologues” to the Emory Graduate community for the first time. This year the show has progressed toward new goals. In the interest of creating a more diverse and inclusive show this year’s production will be featuring monologues written by Emory students about the modern day triumphs and hardships of being a woman. We are particularly interested in exploring the intersectionality of other aspects of identity (age, race, orientation, class) with womanhood and how our experiences are both shared and different.

If you’re in the Atlanta area and interested in acting or would like to learn more about the production, please click here and get involved. The show is on March 20, 2014 at 7pm in Tull Auditorium. We look forward to seeing you in March! If you’d like to support us but are unable to do so in person, please consider donating to our beneficiary SPARK on behalf of LadyParts here.

XOXO, Emory LSRJ

Anniversary Reminds Us Not To Turn Back

S J Chapman, Resident Blogger, (’12, Northwestern University Law School)

To mark the 41st anniversary of Roe v. Wade, the Center for Reproductive Rights is producing a series of PSAs urging Americans to stand up for reproductive rights.

The latest features Tony and Grammy Award winner Dee Dee Bridgewater, sharing the harrowing account of her 1968 pre-Roe abortion.  I was struck by the candor and poignancy of Dee Dee’s story, which epitomized the lack of dignity that accompanies government restrictions on abortion: “I remember being very humiliated… to the point that today I haven’t thought about this for years; thinking about it makes me want to cry.”

The PSA encourages people to take a stand against governmental intrusion into reproductive decisions.  As Dee Dee asserts, “I don’t think its right that our politicians can choose for women what their reproductive choices are … you are the one who should decide what you will do with your body.”

I urge everyone to take a few minutes to watch Dee Dee’s video.

Once you’ve seen Dee Dee’s story, you might also want to see the first PSA in the series by reproductive rights advocate Mark Ruffalo, who shares the story of his mother’s pre-Roe abortion experience.  It shocked him to learn that to get an abortion, women had to “search out doctors at night, miles and miles and miles away from their home, in a closed-down doctors office or motel room.”  He concluded by saying “I can’t stand aside with two beautiful young girls of my own and accept that we are going to return to those days.”

Let’s follow Dee Dee and Mark’s examples by working together to ensure our reproductive choices are ours, not the government’s.

Roe v. Wade: A Reminder That We Deserve More

Candace Gibson, Resident Blogger (’12, University of Utah S.J. Quinney College of Law)

I first learned about Roe v. Wade as an eager, nerdy, middle school student. No, it was definitely not covered in my history classes and it was barely discussed in my constitutional law class. I learned about it because my Latina mother introduced me to the world of feminism and feminist heroes at a young age. When I first learned about Roe, I was amazed and thought it was the best thing that ever happened to the women’s movement.  As each anniversary passes, I’m less amazed and more circumspect about the meaning of Roe. I know now that we have a long way to go before we achieve full equality and justice for all women, including transgender men. Roe is not the pinnacle of our movement, but it is a starting point.

Since Roe, it’s relevance to women’s lives has become somewhat diminished due to relentless political assaults.  In 1976, Congress passed the Hyde Amendment, which is an almost total ban on abortion coverage for women who qualify and are enrolled in Medicaid, making abortion inaccessible in practice for low income women of color.  It has continuously been reauthorized in each federal budget.  Lack of insurance coverage for abortion care isn’t the only barrier for many women.  Several states have passed laws to “regulate” abortion care, again effectively making it inaccessible – take for instance TRAP regulations and laws pertaining to misoprostol.  Then, we have issues of accessing care – many women live in areas of the country where there are no abortion providers and they do not have the means to travel to the closest abortion provider,sometimes hours away. And’s let not forget about Casey and the “undue burden” standard.

Finally, transgender men who may need abortion care may not receive the care they need because of the lack of culturally competent providers in general for this community, let alone providers who are trained and licensed in providing abortion care.  Not to mention the fact that transgender and gender non-conforming persons also face high rates of discrimination and violence, even in healthcare settings.   

So yes, let’s celebrate Roe v. Wade, but the next day we need to get back to work.   

Women’s Mixed Martial Arts: Skilled fighting or glorifying distorted masculinity?

Mangala Kanayson, Resident Blogger (’15, Emory University School of Law)

While in procrastination mode during finals season last year I discovered the inspiring, impressive, and bloody world of women’s mixed martial arts. Women’s Mixed Martial Arts (WMMA) is unabashedly badass. These fighters are strong, skilled, determined, and occasionally terrifying -  as fighters should be. WMMA broke into the mainstream in 2013 after an uphill battle, and this year is more promising than last.

During the 2013 attempt to legalize MMA competitions in the state of New York, women’s groups and lawmakers denounced MMA as a sport that promoted violence and harms women who are victimized by glorification of distorted masculinity.” Women’s MMA involves the same testing of skill, of physical prowess, and presence of mind as men’s MMA does, but sometimes it seems like only the fighters have each others back. The inclusion and mainstreaming of WMMA could help challenge the perception that MMA glorifies a “distorted masculinity” by forcing a shift in rhetoric.

Like most women’s sports, media coverage and promotions of WMMA often relies on the sexualization of female athletes, pressuring them to “keep their hair long, wear make-up even on the court, and emphasize any relationships they have with men or children to “prove” they are straight” to avoid stigmatization.

For the most part, however, sexist incidents are both reported  and censured by fans. Articles that reflect blatant disrespect for female fighters are forcefully taken to task. Hopefully, the mainstreaming of WMMA will continue to shift the top-down rhetoric from “distorted masculinity” and heavy sexualization to a celebration of dedication, talent, and strength.

In the meantime, here are some WMMA-focused websites unlikely to offend your feminist sensibilities while keeping you up to date:

http://wmmatoday.wordpress.com/

http://www.mmarising.com/

http://femalemmafighting.com/

http://wombatsports.wordpress.com/

http://thewmma.com/

5 Reproductive Justice Resolutions You Can Adopt in 2014

Ruth Dawson, Resident Blogger (’12, Emory University School of Law)

These days, it seems that there is a list for everything: 29 Ways to Love Being 29, 10 Ways to Prevent Yourself from Alien Abduction, Top 5 Trite New Year’s Resolutions, etc. etc.  At the risk of sounding preachy, here are 5 reproductive justice-related resolutions that I have adopted for 2014.

  1. Be sex positive - It sounds so easy in theory.  But sometimes when one is faced with a friend or younger sibling and sexuality, the “ick factor” takes over.  Breathe deeply and feel emboldened by the thought that you may be the only person your little brother can talk to about such things.
  2. Examine and reevaluate your privilege - In social justice spaces, it is crucial that folks commit to evaluating and dismantling their own privilege, which can be based on race, class, gender, and various other identities.  It can be difficult to focus on these structural concerns while caught up in exciting work.  But our movement cannot truly achieve our aims without such rigorous self-reflection and holding ourselves accountable.
  3. Raise your voice - I often find myself horrified by news articles these days: people denied their rights, or stripped of agency and subjugated to an employer’s or hospital’s religious directives.  This is the year to write a blog post or Op-Ed in the local paper, and raise your RJ voice.
  4. Practice what you preach - Women’s health folks know the importance of preventive care and of prioritizing one’s health.  But we don’t always schedule the tests, screenings, and health care into our own schedules as we advocate others to do.  2014 is the year to lead by example.
  5. Be kind to yourself – At the same time, advocates have to be kind to themselves in the same way they are to others.  Often, I find that it is advocates who are hardest on themselves.  I have a friends who is a safe sex advocate, and when she contracted an STI, self-imposed a layer of shame upon an already tough situation.  While RJ advocates hold themselves up to a high standard, it’s important to leave some flexibility, some room to be kind and gentle to oneself.

Happy New Year, all!

Do you know about the Helms Amendment?

Candace Gibson, Resident Blogger (’12, University of Utah S.J. Quinney College of Law)

Many of us know about the Hyde Amendment, but do you know about the Helms Amendment?  The Helms Amendment was passed in 1973 to the Foreign Assistance Act, restricting abortion funding abroad. Yesterday marked the 40th anniversary – here are the top 5 things you need to know about how it hurts women globally.

  1. Both the Helms Amendment and the Hyde Amendment are restrictions on abortion care that deny women at home and abroad the care they need.  Both were passed soon after Roe v. Wade became law.
  2.  The Helms Amendment attaches restrictions on abortion care to overseas federal funding.  It not only withholds access to safe abortion services but it also denies women information on abortion care.  Millions of women rely on U.S. funded programs in their countries for their reproductive health care.
  3. The Helms Amendment contributes to 47,000 deaths each year because women are forced to seek unsafe abortion services.
  4. Unfortunately, the Helms Amendment has also negatively impacted efforts to increase the use of contraception for women who would like to begin a contraception regimen after seeking abortion services.  Studies show that women are more likely to use contraception following abortion care when family planning services are offered at the same facility where they received abortion services.  Due to the Helms Amendment, women must find family planning counseling and services at another facility, lessening their ability to receive contraception.
  5.  Latinas in the developing world are greatly affected by the Helms Amendment because it deincentivizes efforts to decriminalize or legalize abortion care.  For instance, 18 states in Mexico have passed constitutional amendments that declare the sanctity of life since conception.  In these 18 states, women will not be able to get the care they need because they are less likely to have providers who are not receiving U.S. funding.

For more information, check out this factsheet by our friends at Ipas.