Archive for the ‘education’ Category

Anything but Delicate: Alabama’s Solution to Substance Abuse During Pregnancy

Wednesday, February 20th, 2013

Josie Sustaire, Resident Blogger (’14, University of Oregon School of Law)

Suppose a woman chooses to have a child.  Suppose that she elects also to raise the child after it’s born.  You may be thinking, “Great.  Good for her.”  But suppose that the woman also happens to be addicted to drugs.  Are you still excited for her?  Is she any less suitable to invoke her rights?  What should be done?  Legislators in Alabama have answered these questions by prosecuting women who expose their children to drugs while pregnant.  The Alabama statute, Ala.Code 1975 § 26-15-3.2, was originally put on the books to protect children from exposure to meth labs.  However, the law has been expanded through litigation to encompass fetal exposure to drugs in utero, essentially offering legislator’s a backhanded way of circumventing a woman’s rights.

“Laws concerning a pregnant woman’s treatment of her fetus are not without precedent,” Ada Calhoun points out in her New York Times article on the subject.  “Since abortion was legalized in 1973,” she says, “hundreds of women across the country have been arrested for harming their fetuses, with charges ranging from child endangerment to first-degree murder.  Emma Ketteringham, the director of legal advocacy at the National Advocates for Pregnant Women, a New York-based reproductive-justice group, predicts a grim future if laws like Alabama’s stay on the books.  “Everyone talks about the personhood of the fetus,” she remarks, “but what’s really at stake is the personhood of women.  It starts with the use of an illegal drug, but what happens as a consequence of that precedent is that everything a woman does while she’s pregnant becomes subject to state regulation.”

And, as if to add insult to injury, medical research has shown that quitting cold turkey while pregnant can be fatal to the fetus.  So, that same hypothetical pregnant woman who abuses drugs, if she has access to adequate medical care, may be told by a medical professional that she should not quit but rather should maintain acceptable levels to avoid miscarriage.  Given the research, maintaining low levels of the drugs in order to save the fetus seems much safer.  BUT if the state that the woman lives in has a law like Alabama, she will still face criminal charges once the baby is born and traces of drugs are found in the baby’s system.

There must be something we can do about this.  We must find a way to reconcile the rights of women with the interests of the state in ensuring the health and safety of infants.  Why does a woman’s rights have to be sacrificed?  How can Alabama legislators believe that two wrongs can make a right?  What we can be sure of is that Alabama has no plans of backing off.  Over 60 women have been incarcerated for child endangerment and the legislature has submitted proposed amendments to the statute to explicitly apply to in utero exposure.

Now don’t get me wrong.  I love the babies.  I want what is best for them.  But how can locking their mother up for 10 years (mandatory sentence in Alabama is 10 years to life) because she is a drug user be the best option?  Sure she should not have used drugs while pregnant, but hindsight’s 20-20 and what’s done is done.  What can we offer her moving forward?  Drug treatment options seem like a much more beneficial option.  I would also encourage changing regulation of methadone clinics due to the risk of methadone exposure to fetuses.  There may not be an easy solution, but we certainly can’t go on like this.

Note:  The Guttmacher Institute has a state policy pdf that states “No state specifically criminalizes drug use during pregnancy,” and I have submitted a request for clarification and am currently awaiting their response.

 

The Family and Medical Leave Act Advances Reproductive Justice

Thursday, February 7th, 2013

This article was published by The Center for American Progress.  

Elizabeth Chen is a Policy Analyst for the Women’s Health and Rights Program at the Center for American Progress and a Law Students for Reproductive Justice law fellow.

The Family and Medical Leave Act was signed into law 20 years ago today and was a great first step toward supporting workers and workplace fairness. The law ensures that employees can receive 12 weeks of unpaid job-protected leave to recover from a serious medical condition, provide care for a seriously ill family member, or care for a new child. Workplace leave, however, is not just an employment issue—it is also a matter of reproductive justice.

Reproductive justice stands at the intersection of traditional reproductive rights concerns, such as the decision whether to become a parent, and social justice issues. In addition, it centers on the reproductive health needs of the most marginalized populations, including women of color, low-income individuals, and individuals with disabilities, among others. In our 2006 report,“More than a Choice: A Progressive Vision for Reproductive Health and Rights,” we set forth four cornerstones essential to a progressive reproductive health, rights, and justice agenda, including policies that support the ability to become a parent and to parent with dignity—meaning being able to financially, emotionally, and physically support a child’s basic needs—and the ability to have healthy and safe families and relationships.

Workplace leave is crucial for all people, but especially for low-income individuals seeking to become parents and have healthy families—a right to which we are all entitled. Historically, though, some parenting has been privileged at the expense of others, and not everyone has been able to exercise this right.

Laws and social movements, for example, encouraged white women to stay out of the workforce in order to provide full-time care for their children, while driving women of color—especially black women—into paid work, thus preventing them from being full-time stay-at-home caregivers to their children. Harvard Law Dean Martha Minow has documented how welfare policy for mothers in the late 19th century provided income support for them to stay at home. When access to such income support became increasingly available to black women during the civil rights movement of the 1960s, however, the rhetoric surrounding welfare became more negative. University of Pennsylvania Law Professor Dorothy Roberts explainsthat, “The central message of welfare reform is that recipient mothers are deviant for staying home and would better serve their children by finding jobs.”

To this day, programs such as Temporary Assistance for Needy Families, which provides income support for families living in poverty, require work in the formal economy—or training for it—driving low-income parents into the workforce. Unpaid work within the home, including caring for families, does not satisfy the program’s requirements. This is not merely a historical remnant of former cultural biases—as recently as the 2012 presidential election, former Massachusetts Gov. Mitt Romney (R) claimed that he would require mothers receiving income support to either work outside the home or lose the support.

Furthermore, parenting itself is highly gendered in law and society, making it difficult for men to assume caregiving roles. Sex-role stereotypes, often historically codified in law, cast white women as caregivers and white men as breadwinners. Masculinity throughout the 20th century was defined by this stereotypical family wage system, even though working-class men and men of color were largely excluded from that system.

The gendered breadwinner-caregiver model has become increasingly destabilized over time. In fact, as we noted in our issue brief, “The New Breadwinners: 2010 Update,” in 2010 women were either primary breadwinners or co-breadwinners in nearly two-thirds of American families with children. Yet gendered caregiver bias persists and can result in employment discriminationagainst men when they request leave to care for their children.

Given the devaluation of caregiving, while also recognizing that most parents—especially low-income ones—must work, how can we support working parents as both workers and caregivers? The Family and Medical Leave Act was a step in the right direction: By protecting the jobs of workers caring for a new child, the law reflects policymakers’ recognition that caretaking after birth or adoption of a child is essential, and that workers should have the flexibility to take time off to do so.

The law also furthers equality and disrupts sex-role stereotypes by applying equally to both men and women. Under the law, men and women alike have the opportunity to take time off to care for family members—and the percentage of men taking leave for caregiving purposes hasincreased steadily over time. Even former Supreme Court Justice William Rehnquist, initially anopponent of women’s equality under the law, acknowledged the crucial work that the law does to “attack the formerly state-sanctioned stereotype that only women are responsible for family caregiving.”

Workplace policies such as the Family and Medical Leave Act give workers the opportunity to care for their families with dignity by permitting them to continue to work and also to spend crucial time bonding with their new children. Under the law, workers can also take time off to care for a seriously ill family member, including a child, expanding the ability for parents to meet the needs of their children.

Unfortunately, the Family and Medical Leave Act doesn’t go far enough. As we noted in our 2009 issue brief, “Labor Pains: Improving Employment and Income Security for Pregnant Women and New Mothers,” the law only covers a subset of workers.  According to new statistics released by the Department of Labor, more than 60 percent of workers do not qualify for the protections of the law because they or their employers do not meet one or more requirements for leave. Moreover, because the leave is unpaid, almost 50 percent of workers report not being financially able to take the leave. Guaranteed leave does not enhance the ability for individuals to parent with dignity if they do not qualify for it or cannot afford to take it.

Workplace leave is crucial for people with children to be able to parent with dignity and have healthy families. The ability to care for children when they are born or adopted, or when they fall ill is essential to a holistic and comprehensive vision of reproductive health, rights, and justice. The Family and Medical Leave Act was a good beginning, but we must continue to fight until all Americans have the ability to care for their children without jeopardizing their job or their income.

Millennials see the big picture on abortion

Wednesday, January 9th, 2013

by Sabrina Andrus, LSRJ Executive Director and Mariko Miki, LSRJ Director of Academic & Professional Programs

Here we go again. In a recent interview with Salon, out-going NARAL President Nancy Keenan discusses her concern for the future of abortion rights, calling out the Millennial generation’s seeming inability to “connect the personal to the political” on the issue. These critiques pop up again and again:  we all remember the Newsweek piece from 2010 that pitted Boomers against Millennials. While recognizing that many Millennials have made advocating for reproductive rights and justice their career, much hand-wringing ensues over the remainder of the generation. Of the 76 million people born post-1980, we’re told, “They are pro-choice, but they don’t put the issue of protecting this decision at the top of their list.” But does refusing to put abortion rights at the top of some mythical list truly mean that abortion rights aren’t important (or even paramount) to a generation? To state as much fails to account for the complexity that confronts young people coming of age in a time of social media saturation and diminishing rewards for higher education.  Moreover, it is shortsighted and dangerous; such rhetoric shackles an entire generation to a way of thinking that may not even be accurate.

At Law Students for Reproductive Justice (LSRJ), we work with Millennials everyday – they are our law student members and recently graduated alumni across the country making their way as legal advocates. What we see is that the Millennial generation experiences, engages with, and views reproductive health, rights, and justice issues in a completely different way than previous generations: abortion rights and the lack of access to said rights are but one piece in a much larger puzzle that Millennials are grappling with on a daily basis. Some may argue that when you can’t pay back your student loans, afford health insurance, get to your second job on a public transportation system that doesn’t service your geographic area, cobble together adequate childcare, and on and on, deciding to place abortion rights at THE TOP of your priority list is an unrealistic luxury.  In fact, it could be said that Millennials are more aware of and attuned to the plethora of social ills that need to be addressed, from environmental concerns to economic oppression to racism, than the generations before them. These are good traits, to be celebrated. Rather than lambasting them, it’s time to move forward, as our colleagues at Advocates for Youth say.

The biggest gripe with the Milliennial generation is that they “don’t vote pro-choice.” But to frame the issue that way is a mistake. In our experience, the Millennial generation (of which nearly all members of LSRJ are a part of) has a much broader and more nuanced view of the issues. To them, it doesn’t make sense to vote on reproductive rights without considering the economy, healthcare, immigration, LGBTQ issues, the environment, violence, the prison system, and a host of other equally critical social justice issues. We work every day with future attorneys, judges, and policymakers who understand that abortion rights cannot be divorced from the fight for greater social equality.

With all this talk about what Millennials feel and how they vote, we encourage you to see what they’re actually saying for themselves. Check back here in the coming weeks to hear from our members, and bookmark the insightful musings of allied organizations who work with the Millennial generation.

Come In, She Said I’ll Give Ya’, Shelter from the Storm

Friday, July 27th, 2012

Catrina Otonoga, LSRJ Summer Legal Intern

Each spring, my elementary school, like elementary schools across the country, had field day. A day where the 1st through 5th graders with innate talent to run fast, treat tug-o-war like life or death, and leap through obstacle courses like mini-Olympians, shine. I wanted so badly to be one of those kids, to run fast, “like Greg”, arguably the fastest kid in my class, who went on to excel in high-school sports and field letters from football recruiters across the country. Instead, I had short, spindly legs, thick glasses, and barely the muscle definition to allow me to walk properly. My grandfather wouldn’t let me carry an umbrella on a blustery day for fear I’d blow away with the wind.

“Not everyone is good at everything, not everyone can have everything,” my mother told me. Sometimes hard word doesn’t pay off, sometimes you just aren’t meant to be a fast runner, or an astronaut, or the President. But sometimes it does, and those are the things I was told to focus on. Instead of struggling to be good at everything, trying to be spectacularly awesome at one thing that makes me tick.

Now, the dialogue has changed. Society, feminism, and sometimes even well meaning family and friends are pulling women in opposing directions. And, as I approach the beginning of my 3L year, where applying for jobs and starting my life outside academia is knocking on my door, I feel it more than ever. The push to have an amazing career, get married, buy a house and also to travel, see the world, not compromise. The pressure to Have. It. All. Even in a world where we are increasingly being told that having it all, isn’t going to happen. Not with these institutions, not among this systemic culture of disadvantaging women and annihilating our path to meaningful choice. Not without some serious change. And even when we see women who have finally reached that pinnacle, they distance themselves from the history of struggle and sacrifice that they built their education, careers, and ability to achieve balance on.

Increasingly, I’m unsure of what I want for myself; how many kids I want to have, if I want to own a home, if I want to live in Bangladesh and help provide women with micro financing, if I want to be a mother, a conventional lawyer, a U.S. citizen, at all.

What I do know, is that I want to live a passionate life. To work for a cause I’m passionate about, and to surround myself with people who not only work passionately, but live their lives with laughter and tears and friendship at their core. It’s an experience I have gotten a taste of in my time at LSRJ. I have seen passionate women who are growing and raising their families, expanding their careers, pushing through law school, struggling with what it means to be a woman, a friend, a partner and an advocate, and living lives of growth and intention. In a political climate where our identities as women are under scrutiny, my internship at LSRJ has been shelter from the storm—a shelter full of balloons, Friday Night Lights, dialogue, and affirmation. And, as I begin to wrap up my time here it is a way of thinking and living that I’m sure will carry me through my final year of law school, down whatever path I find myself on, and through the obstacles that I’m sure will be there.

So thanks, Mama LSRJ for giving me shelter.

Moving beyond pro-choice rhetoric: reflections on organizing in a red state

Thursday, April 19th, 2012

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.

A Worrisome Update on Utah’s Legislative Session

Friday, March 2nd, 2012

Candace Gibson, University of Utah College of Law

The views expressed in this blog post are those of the blogger herself; she is not speaking on behalf of Law Students for Reproductive Justice or the U of U Law Students for Reproductive Justice.

The legislative session in Utah has, as usual, offered some bad and patriarchal legislation.  Although Senator Osmond has dropped his “personhood” bill, both chambers will be sending some golden nuggets to each other.  Unfortunately, given the lack of parity between Democrat and Republican representation in both chambers, these bills have a good chance of passage.

The first nugget is HB 363 which would allow schools to drop sex education classes altogether.  The bill also prohibits schools that continue to teach sex ed from instructing students in “the use of contraceptive methods or devices.”  Prior to this legislation, schools were allowed to emphasize abstinence as a method or teach abstinence only sex education.  Furthermore, under Utah law, parents can take their kids out of sex education classes.  What inspired this bill you may ask? The sponsor, Representative Wright, was appalled that some schools were using a Planned Parenthood maturation program for fifth and sixth graders.  (Of course the bill isn’t another way to discredit Planned Parenthood but it’s about stopping the brainwashing of kids to have sex whenever they want).  Not only does the ACLU and Planned Parenthood oppose this bill but so does the Utah PTA.  I’m thinking when parents are telling you that this is bad news for their kids you probably should listen to them.

The bill is not only comedic but disturbing because it comes on the heels of a report from the Centers for Disease Control saying that half of Utah teens who became accidentally pregnant were not using birth control.  The reasons why they weren’t using birth control were pretty unique among the nation.  These included: obstacles to obtaining birth control, the belief that they couldn’t get pregnant at the time, and the belief that they or their partners were sterile at the time of the sexual encounter.  Rep. Wright’s legislation is irresponsible to say the least when you have data demonstrating the need for more information and access to birth control.  However, from my personal experience on the Utah Hill, data does not influence the majority of these law makers.

The second nugget is Senate Joint Resolution 21 which recognizes the “valuable” contributions of pregnancy care centers.  Although the resolution has no legal ramifications, the text of the resolution includes this lovely phrase, “BE IT FURTHER RESOLVED that the Legislature of the state of Utah expresses disapproval of the actions of any national, state, or local groups attempting to prevent pregnancy care centers from effectively serving women and men in relation to unplanned pregnancies.”  Maybe this is code for saying that we disagree with lawsuits against pregnancy care centers that affirmatively misinform women about the services they provide.  As of now, it’s still in the Senate.

The third nugget is another bill aimed at extending the waiting period for an abortion in Utah.  Currently, it’s 24 hours but HB 461 would push it to 72 hours.  Unfortunately, the bill passed the House Health and Human Services Committee and I am certain it will make it to the Senate.  If it does pass the Senate, Utah will be tied with South Dakota for having the longest waiting period in the nation.  That’s something to be proud of, right?

There are only two weeks left in the Utah session.  I know that there are some who will do their best to persuade legislators about the grave social risks which will be amplified due to these bills.   At the same time, I’m unsure if these legislators are willing to listen.

A Potpourri of RJ Interests

Wednesday, January 4th, 2012

Susy Prochazka, Thomas Jefferson School of Law

In our TJSL chapter, each member of the board is passionate about a different facet of the RJ movement.  This brings a great energy to our board and ensures that no one is ever bored (pun intended). To encourage this same vitality amongst our newest members, we decided early in the semester to have a different member of the board present on the topic of his or her particular passion at each monthly meeting in order to show the array of topics that RJ spans. Traditionally, our meetings were more informational and social in nature; through these presentations, we sought to increase the educational aspect of the monthly meetings.

Our secretary Margaret bravely volunteered to be the guinea pig of this experiment. As an intern at our local YWCA’s domestic violence clinic, Margaret wanted to promote October as Domestic Violence Awareness month at our school, which had remained conspicuously silent on the topic of DV in the past. Margaret did not limit herself to making a mere powerpoint citing the statistics and warnings signs of DV.  She completely committed herself to promoting the cause at our meeting by making shirts and ribbons and arranging a team for the “Mile in Her Shoes” charity walk that benefits a downtown safehouse program. Margaret’s dedication and energy was apparent during the meeting, and afterwards, two attendees, both of whom were attending their first ever LSRJ meeting, promptly signed up for the charity walk and inquired about other ways to promote DV awareness!  We considered the meeting a great success.

I went next. My interests lie in the realm of international human rights, so I focused on the theme of cultural restrictions on a woman’s right to choose. I presented on issues affecting women internationally that limit their right to exercise bodily autonomy, discussing some of the practices that impose these restrictions, such as honor killings, female genital cutting, forced marriages, and debt peonage/sex slavery.  I am no public speaker, but I tamped down my anxiety and spoke about what I am passionate about: addressing these international RJ issues. Afterwards I discussed international human rights internships with several members.  While I did not make fabulous shirts, as Margaret had, we are now planning a road trip to L.A. to see the Skirbal Museum Exhibit on the international oppression of women. With my area of focus, I felt that I was able to reach different people in the audience than Margaret had, which seems like a positive goal to have, as we are constantly engaging members in different ways. It was an experience that really let me really expound upon the area of law that I find fascinating while simultaneously snagging the attention of members interested in international law and drawing them into the discussion.

By letting our diverse interests lead the meetings, we are able to present a variety of topics to our members. We are pretty pleased with the level of interest that our presentations have generated, and the practice will continue into next semester.   Fascinated by health law, our co-president Thomas is arranging a panel regarding the legal implications of the different birthing options, whether adoption, traditional midwifery or obstetricians.  We look forward to another semester of harnessing our various passions in the RJ movement and using them to ensure our chapter’s diversity and longevity.

Fetal Personhood, Round 2

Thursday, December 15th, 2011

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.

Disgust and Humanity in Missouri

Tuesday, November 1st, 2011

Burke Bindbeutel, University of Missouri School of Law

Although Mizzou Law is located in what some call “red state America,” our LSRJ chapter has seldom encountered any hostility or opposition from anti-choice groups. Even the picketers outside Columbia’s Planned Parenthood have a dogged, resigned vibe. The hardest thing for our reproductive justice activism to overcome is the visceral reaction that our issues can induce in students.

I was making my schpiel for LSRJ at 1L orientation, taking care to maintain a friendly and upbeat tone. When I mentioned awareness of sexual assault, I heard sharp intakes of breath from several different points in the room, and a softly muttered “Jesus!” Perhaps I was too imagistic in describing a problem that is a serious issue on ours and every campus. But I was disappointed in the hypersensitivity of the student body. Don’t lawyers have to deal with uncomfortable subject matter all the time?

Martha Nussbaum takes on just this kind of kneejerk dismissal in her book “From Disgust to Humanity.” Nussbaum takes a cue from the New Hampshire legislator who denounced at a state Judiciary Committee hearing the act of “taking the penis of one man and putting it in the anus of another man and wriggling it around in excrement.” It’s only natural that someone who can barely countenance the idea of homosexual contact is light years away from asserting the reproductive rights of her constituents. Nussbaum describes a serious need to break through the reflex of revulsion in order to ensure the reproductive rights.

I have detected the same reflex in the law school building where I lately spend all my waking life. It’s not that my peers are stridently or unanimously anti-choice, or believers in the personhood of fetuses. It’s that they would prefer to think about anything other than forced Caesarean sections or syphilitic penises. (Prison rape jokes bafflingly remain in bounds).

At our screening of the Wednesday webinar “If You Care About Criminal Justice, You Should Care About Reproductive Justice,” we had a first-time attendee who took notes and appeared to have a thoughtful and critical attitude. He seemed like just the sort of curious and open-minded student that we seek to reach.

We were sharing reactions after the program’s conclusion, and our visitor confessed to shock over the suggestion that a mother could ever opt for a vaginal birth after having had a past Caesarean. I responded that the speaker phrased the issue not as a recommendation of vaginal birth, but as a defense of the mother’s bodily integrity. Reproductive justice would prevail, I offered, once the decision belonged to the mother, rather than to the health care provider, law enforcement officer or judge. But it was all our visitor could do not to shake his head in disgust.

I believe that the issues LSRJ has identified and pursued have workable solutions that are politically feasible. But meaningful engagement of future lawyers is so difficult because of a firewall of disgust that prevents them from taking positions. Nonetheless, university campuses are places to wrestle with ideas, and Mizzou LSRJ has a great opportunity to engage students and change minds.

Surprise! We’re Not Just About Abortion and Condoms

Tuesday, October 25th, 2011

Candace Gibson, University of Utah College of Law

As many of you know, October is National Domestic Violence Awareness Month.  For the past couple of years, the Women Lawyers of Utah and other Utah bar organizations have planned the Walk Against Violence as a way to fundraise for our local YWCA.  Because of this, the University of Utah Law Students for Reproductive Justice Chapter (UULSRJ) began its public relations efforts at our law school by tabling on various reproductive justice issues.  In this manner, we hope to educate people about reproductive justice in all its intersectional, multi issue glory.  So last week we tabled on domestic violence and in the coming weeks, we will table on infant and maternal mortality, global reproductive rights, and health disparities.

As we talked to students about our chapter, I noticed that we had some problems communicating what reproductive justice is as a concept and as a way of organizing.  I think there are two reasons for this.  First, we need to get better at our basic thirty second elevator spiel.  Second, I think when some people of my generation hear “reproductive” they automatically think of abortion and contraceptives.  In fact, as I was discussing the national LSRJ office and our multi-issue work to a classmate, she told me that she thought that the term “reproductive justice” wasn’t useful for our mission.  She thought we should use another phrase because to her, “reproductive justice” automatically links to “reproductive rights” and makes her think of only abortion and contraceptives.  As I talked to another peer, he said the same thing, and then I talked to a first year, and he had no clue what I was discussing.

So this begs three questions.  Can reproductive justice ever be explained in a sound bite like the “Pro-Choice” or “Pro-Life” communities describe themselves (and thus be easily digested) and, more importantly, do we even want that?  As a movement, do we need to better articulate what reproductive justice is and better publicize the work that we do on multiple issues?  This is tougher than it appears to be, as I think that because we constantly have to defeat onslaughts of anti-women and anti-family legislation, individuals outside our movement think that we only work on abortion and contraceptive issues.

While some of you ponder these questions, send your 30 second RJ soundbites my way!