Jesse Helms Is Dead: His Amendment Lives On

Here we are again, another dreaded anniversary — the Helms Amendment.

If you are a contemporary of that legislation’s author, Sen. Jesse Helms, you might also remember the title character from Sinclair Lewis’ powerful 1927 novel Elmer Gantry or the Academy Award-winning portrayal of Gantry by Burt Lancaster in the 1960 film. Rev. Gantry was a evangelical preacher who used religion to destroy the lives of women. So did Sen. Helms.

2016 video frame: Global Justice Law Center

A year ago my fellow Planned Parenthood Advocates of Arizona blogger Rachel Port reminded us that on December 17, 1973, Congress passed the Helms Amendment to the Foreign Assistance Act — today marks its 45th anniversary. In a nutshell, this legislation prohibits using U.S. foreign assistance funds to “pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions.”

Other journalists and bloggers have joined Rachel in documenting the severe impacts of this legislation and its companion “Mexico City policy,” aka the “global gag rule,” denying women abortion care, particularly in poor and war-torn corners of the globe. (For a taste of its horror, remember the example of the women and girls forced to bear the children of their Boko Haram rapists.) Continue reading

What the RBG Biopic Is (and Isn’t) About

In July, when Focus Features began ramping up promotion for its forthcoming film On the Basis of Sex, many news sources reported that Felicity Jones would play a young Ruth Bader Ginsburg as she went to court in Weinberger v. Wiesenfeld. In that 1975 case, a father whose wife had died during childbirth fought for the Social Security survivor benefits that he needed to raise his son in her absence.

Weinberger v. Wiesenfeld challenged laws that were stuck in a pre-feminist past, one that made those benefits available to widows but not widowers, as if all marriages were between a man as breadwinner and a woman as homemaker — and only the latter would need to see an income replaced after a spouse’s death.


RBG understood early on that men, too, were hurt by gender discrimination.


It may be a fitting testament to Ginsburg’s role in many important gender discrimination cases that when those news sources looked for clues from a trailer and other promotional materials, they made a false match, concluding incorrectly that Weinberger v. Wiesenfeld would provide the plot for On the Basis of Sex. Vanity Fair, the Washington Post, and Teen Vogue were among the media companies that made the understandable mistake.

In an interview in February, Ginsburg herself had told Forward that the film would focus on another landmark case, Charles E. Moritz v. Commissioner of Internal Revenue. Focus Features confirmed as much when the need for corrections in other, later articles became apparent.

The Moritz and Weinberger cases have a lot of similarities. Both involved male plaintiffs who challenged laws that were based on antiquated ideas of gender roles, notions that were quickly becoming less relevant and less realistic as more women entered the workforce, often turning single-earner households into dual-earner households, and at other times becoming their household’s sole income-earner. Both cases deserve a look — even if it was only by accident that a Ginsburg biopic brought renewed attention to one of them. Continue reading

Due Protections: The Pregnancy Discrimination Act at 40

Ruth Bader Ginsburg in 1977. Photo: Lynn Gilbert

Today, Susan Struck’s political positions are nothing that would stick out in a red state like Arizona. A few years ago, she joined the chorus of support for the once-threatened A-10 fighter jet program at Tucson’s Davis-Monthan Air Force Base. In a 2010 article on immigration, a writer noted her concerns about automatic citizenship for U.S.-born children.

Despite the rightward tilt that would be assigned to her views today, Struck was once at the center of a fight for reproductive justice, a cause taken up by a young Ruth Bader Ginsburg, back when “The Notorious RBG” was still a lawyer for the ACLU. It was that fight that led to Ginsburg’s involvement in the writing of the Pregnancy Discrimination Act of 1978, a landmark piece of legislation that turns 40 this month.


Despite 40 years of protections, pregnancy discrimination hasn’t gone away.


Now retired in an Arizona ranch community, Struck first arrived in the Copper State at the end of the 1960s, when she enlisted in the U.S. Air Force and was stationed at Davis-Monthan. She told Elle in a 2014 interview that she reveled in her newfound independence from the family and church she left in Kentucky. “She went on the Pill and stopped attending confession,” the article recounts, and she spent her free time enjoying her sexual freedom and the chance to experience Tucson’s foothills in a newly acquired Camaro.

Still, Struck wanted more excitement, so she asked to be sent to Vietnam. She was assigned to Phù Cát Air Force Base, where she quickly hit it off with an F-4 pilot — and ended up pregnant. Struck understood that the Air Force gave officers in her situation two choices: get an abortion or be honorably discharged. It was 1970 then, still a few years before Roe v. Wade, but the armed forces had made abortion legal ahead of civilian society. Continue reading

Five Things to Know About the Morning-After Pill on Its 20th Anniversary

Medication portion of PREVEN Emergency Contraceptive Kit. Photo: Smithsonian Institution

In 1993, the New York Times Magazine posited that the morning-after pill might be “the best-kept contraceptive secret in America.” Even many doctors had no idea there was a fallback contraceptive that could be used shortly after unprotected sex or cases of rape.

In many ways, the morning-after pill had been right in front of U.S. doctors for decades. In terms of chemical composition, it was not much different from standard birth control, using the same main ingredients — synthetic hormones — in higher doses. Moreover, many of their colleagues in Europe and Asia had already been prescribing morning-after pills for years.


In 1998, years of research and advocacy led to the first FDA-approved morning-after pill.


Here, however, the secret was still largely intact. A 1994 study by the Kaiser Family Foundation revealed that two-thirds of American women had never heard of the morning-after pill or other forms of emergency contraception (EC). Less than 1 percent had ever used them.

There was an information shortfall in large part because there was no contraceptive that was approved by the U.S. Food and Drug Administration (FDA) specifically for emergency use. Some providers worked around that absence by using the chemically similar estrogen and progestin medications that were approved for regular birth control. By upping the dosage, they created a suitable morning-after pill on their own. But drug makers couldn’t label or market those birth-control pills for emergency, post-coital use, since they weren’t FDA-approved for that purpose. It also spelled problems for federally funded clinics. Federal dollars couldn’t pay for an off-label medication hack, a makeshift morning-after pill that wasn’t officially approved. Continue reading

Shaking the Foundation of Privilege: The Fight for a Fair Vote, from Seneca Falls to the 2018 Midterms

In the 19th century, ample water and rich soil made Seneca Falls a town full of thriving farms and optimistic people. Idealism took hold in the many calls for progressive political reform and utopian community-building, as residents of the small New York town committed to causes like the abolition of slavery, harmony between indigenous people and settlers, and even the dismantling of church hierarchy.


The deadline to register to vote in the Arizona primary election is July 30.


Seneca Falls’ flowing streams also gave it the water power to build industry at a time when industry was transforming family structure. Children could be assets to farm families that needed more hands to share the labor of harvests and animal husbandry, but in industrial settings, they could be a liability, bringing costs to the home in the form of food, clothing, medical care, and education. Many women tried to avoid pregnancies by using the family planning methods of that era, which included spermicidal douches and abortion, as well as pills and tonics advertised for the “stoppage of nature” and other veiled references to contraception. As women became less involved in childbearing, their roles in the home — and society — began to change as well.

Water mill, New York State. Photo: Wikipedia.

Amid those influences, the women’s rights movement coalesced in Seneca Falls, spearheaded in large part by Lucretia Mott and Elizabeth Cady Stanton. They were reformers who met through the anti-slavery movement but turned their attention to the emancipation of women. Stanton evoked the parallels between those causes in a speech she gave before the New York Legislature, in which she decried how color and sex had put many “in subjection to the white Saxon man.” Thus, from the beginning, reproductive freedom and women’s rights were closely linked, and they were connected with anti-racism and other social justice movements. Continue reading

Sound Science and Unsound Ideology: Sixty Years of Obstetric Ultrasound

Ultrasound image used in an anti-abortion billboard in Ireland, 2012. Photo: The Vagenda

For decades now, ultrasound technology has been a fixture in the journey from pregnancy to parenthood. It has also become a prized weapon among abortion opponents in the battle over reproductive rights.

Ultrasound, which uses high-frequency sound waves to render images of a developing fetus, had its beginning 60 years ago this week, with the publication of a seminal paper in the British medical journal The Lancet. The development of the technology has a colorful history, one involving flying mammals, German submarines, a desert-dwelling inventor, and countless medical professionals who saw a range of patient care possibilities.


Ultrasound is a powerful tool, which can benefit patients or be used as a cudgel by abortion opponents.


But that colorful history belies the drab and fuzzy appearance of most ultrasounds. That limitation, though, has never stopped it from taking on enormous significance. When the technology was first developed, it gave obstetricians an unprecedented ability to survey fetal development, making it one of the most important advances in their field during the latter half of the 20th century.

By the same token, ultrasound has not only been a valuable medical tool but also a powerful storytelling tool. Today, it is often put to use four or more times before a patient’s due date. While the FDA and other authorities advise against ultrasounds that aren’t medically necessary — recommending just two for a low-risk pregnancy — many patients opt for additional, elective ultrasounds for the sake of having keepsake images. Posting those images online has become a popular way to share their news with family and friends. Continue reading

The Clash of Population and Prejudice in Madrigal v. Quilligan

Mural (detail) in Boyle Heights, East L.A. Photo: Mictlan Murals

In August 1973, Guadalupe Acosta was admitted to the county hospital in East Los Angeles. She had been suffering from labor pain for hours, but she would soon endure even more misery in the delivery room. She recounted later how the attending physician worked aggressively to induce labor, pushing down forcefully on her abdomen — even hitting her stomach when he was caught in the swing of her flailing arms. In the end, all the torment she endured culminated in the death of her baby in birth.

Acosta later said she was “very inattentive” in the aftermath of the experience. “People sometimes have to tell me things twice. It’s not that I don’t understand them, it’s that I’m not there.” For Acosta, it was not just the loss of her baby that devastated her but also the loss of her ability to have children in the future. She found out, months later, that the hospital physician had decided to sterilize her. At the time, she had been too traumatized to understand what was happening.


Just as the right to access birth control and abortion should be defended, so should the right to have children.


The University of Southern California – Los Angeles County Medical Center (USC-LAC Medical Center), as it was officially called in the 1970s, was a hospital that many in East L.A. tried to avoid. It was a place they would only visit out of necessity if other hospitals weren’t affordable. For Dr. Bernard Rosenfeld, who worked there as a resident in obstetrics and gynecology, it was not hard to see how his own department reinforced that reputation.

Acosta’s traumatic experience was similar to other cases Rosenfeld witnessed — cases that showed a disturbing pattern of subjecting women, especially Spanish-speaking women, to sterilization without their informed consent. According to Rosenfeld, insistent medical staff would push sterilization on patients “before they go home” — often while they were still in pain or exhausted — so that they wouldn’t “change their mind by the time they come back to clinic.” Patients who had limited understanding of English were often uncertain of what was happening. Shocked by the unethical practices, Rosenfeld secretly copied hundreds of medical records to document what was happening at USC-LAC Medical Center. Continue reading