The escalating state-by-state attacks on reproductive rights these past few days, weeks, and months have us in a momentary state of shocked paralysis. It was one thing to write last year about where things were headed in theory; the reality, now that it is arriving on a daily basis, is still a horrific surprise. While we gather our wits and energy, we are so grateful to all the activists and organizations who have not paused for a second and are already deep in the fray, bringing lawsuits, protesting, forming help networks, donating to abortion access funds, and, yes, writing. We were especially touched to read the personal story of Carla Nordstrom in Huffpost Personal today. Ms. Nordstrom was a client of the Clergy Consultation Service who obtained an abortion in Pittsburgh–though this doctor certainly would have been removed from their referral list if anyone reported his dirty instruments. Thank you to the author and to all who are finding the strength to share their abortion stories, whether at length or in a #YouKnowMe tweet. For resources and ways to help, we recommend Robin Marty’s very practical Handbook for a Post-Roe America (Seven Stories Press, 2019), and we will be back in the fight by Monday morning, we promise.
Ohio’s legislature has passed a bill to ban abortions once a fetal heartbeat can be detected. Well, that’s at about 6 weeks, before many women even know that they are pregnant, so the effect is that abortion will be banned in Ohio. As we all know, that doesn’t mean that people won’t seek and find abortions however they can . . . it just makes those abortions much more dangerous.
New governor Mike DeWine has already vowed to sign the legislation.
Our opinion piece on the subject, with a short but instructive history of the Clergy Consultation Service’s experience, appears in the Cincinnati Enquirer today.
We’re delighted that To Offer Compassion: A History of the Clergy Consultation Service on Abortion will be issued in a paperback edition in August 2019. We hope the new edition will make the book more accessible, especially for classroom use. For more information, visit the website of the University of Wisconsin Press.
The election of Tuesday, November 6, brought mixed results for reproductive justice. Women–including many women of color–were elected to office around the country, and the House now has a Democratic majority. However, the Senate remains Republican, and thus retains power over judgeships.
Citizens in three states also voted on ballot measures that would create “trigger laws”–state laws or constitutional amendments that would take effect if the Supreme Court overturns Roe v. Wade, leaving abortion regulation to states. In two of the three states–Alabama and West Virginia–the trigger laws passed, meaning that if Roe falls, abortion will become illegal or much less accessible in those states. Alabama’s law has even broader implications as it assigns embryos and fetuses “personhood” status. Oregon voters voted against a proposed trigger law. For details, see Macaela Mackenzie in her Glamour article and Irin Carmon in The Cut.
Meanwhile, an NBC exit poll taken on election day showed that two-thirds of voters favor keeping the Roe decision as the law of the land.
Photo: © Can Stock Photo / slickspics
Rev. Donna Schaper, senior minister at Judson Memorial Church in New York, is featured in a new, short video interview by Tracy Thompson for Jezebel. Rev. Schaper talks about the formation of the Clergy Consultation Service and her own work with the group, and about the Chicago women’s abortion group Jane. She also speaks of the current situation regarding abortion in the U.S.–and what may need to happen if the law changes. (Oh, and the video includes a couple of wonderful archival photos of Howard Moody and Arlene Carmen.)
This collection of three short essays is sobering but essential reading: How to Prepare for a Post-Roe America from In These Times. Journalist and author Robin Marty, lawyer Farah Diaz-Tello, and activist, author, and scholar Loretta J. Ross offer warnings and recommendations for dealing with a United States where abortion is again illegal–or at least inaccessible for most of the country. It’s not a happy picture, but there are things we can do.
The Supreme Court of the United States has ruled, 5-4, that so-called crisis pregnancy centers–places that are set up to look like medical clinics but usually don’t offer medical care and exist solely to dissuade women from getting abortion care–cannot be required to post a statement disclosing what they really are and how women can find actual abortion providers. California’s disclosure law had been upheld by the Ninth Circuit Court.
But the Supreme Court, in a majority opinion written by Justice Clarence Thomas, based its decision on the First Amendment, saying the law “targets speakers, not speech, and imposes an unduly burdensome disclosure requirement that will chill their protected speech.”
The court’s support of free speech rights for these specious crisis pregnancy centers (CPCs) poses a question in our minds: If CPC staff have free speech rights and cannot be required to provide particular, legally-prescribed information to their clients, then the same must be true for actual medical professionals, right? Doctors, nurses, and counselors who provide abortion care are currently required in some states to read particular statements to their patients–and some of these legally-required statements contain outright lies. There are state laws requiring doctors to tell their patients that abortion may result in “post-abortion stress syndrome” (fictional), fetal pain (untrue), breast cancer (no), and other ill effects for which there is no evidence, or that a medication abortion can be reversed (not shown). Surely, forcing clinic staff to provide these particular, legally-prescribed statements to their patients violates their First Amendment rights.
We’d love to hear from some lawyers on this.
Photo (c) Can Stock Photo / slickspics