Women Harnessing the Law

Happy Women’s History Month! Throughout this country’s history, the law hasn’t been consistently fair across gender lines, classifying women as second-class citizens and making assumptions about people based on gender stereotypes. But throughout that same history, women have harnessed the law to right these wrongs, changing the national conversation around issues as varied as medical privacy, marriage, caring for family members, and sexual harassment.

Let’s meet some of these trailblazers now!

Estelle Griswold

Estelle Griswold, left, and Cornelia Jahncke, of Planned Parenthood League of Connecticut, celebrate their Supreme Court victory.

The birth control pill came onto the market in 1960, but in Connecticut, contraception was outright banned by a law that predated the birth of the Pill by more than 80 years, imposing fines and jail time on people using any type of contraceptive device. Additionally, anyone “aiding and abetting” would-be birth-control users — including doctors and pharmacists — could be punished.

In 1961, in an act of civil disobedience, Estelle Griswold, the executive director of the Planned Parenthood League of Connecticut, opened a birth control clinic — and was promptly arrested, prosecuted, and fined $100. Griswold immediately challenged the constitutionality of Connecticut’s anti-contraception law, but it was upheld in state courts. In 1965, however, the Supreme Court ruled that married couples had a constitutional right to make private decisions about contraception.

Griswold v. Connecticut was a landmark case in contraception access — but it was only a first step. In restricting its ruling to married couples, the Supreme Court perpetuated the idea that birth control was only appropriate within the confines of marriage. It wasn’t until 1972 that the Supreme Court ruled that unmarried people, too, had a right to birth control.

Mildred Loving

Richard and Mildred Loving

Bettmann/Corbis via New York Times

Richard Loving was white and Mildred Jeter was black. In 1958, the couple obtained a marriage certificate in Washington D.C., and were jailed for violating Virginia code 20-54, which prohibited marriages between “white and colored persons,” and code 20-58, which prohibited couples from marrying out of state and returning to Virginia to reside as husband and wife.

The Lovings pleaded guilty and were banished from the state, forcing the couple to leave their families and home behind. A series of court battles culminated in the Supreme Court’s unanimous 1967 decision that Virginia’s ban on interracial marriage violated the 14th Amendment’s Due Process Clause and Equal Protection Clause. Continue reading

Credibility Is the First Casualty: Behind the Pro-Gun Blame-Dodging That Targets Planned Parenthood

In the wake of February’s mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, the debate over gun control reached a fever pitch in the news and on the ground. As CNN reported, in the seven days after the shooting, there were more than a thousand mentions of “gun control” by ABC, CBS, and other major broadcasters. Survivors, student activists, and gun control advocates kept the story front and center by mobilizing across the nation, organizing school walkouts and March For Our Lives events to demand smarter gun control laws and safer classrooms and communities.


To men invested in an old order of male dominance, gun culture and reproductive justice are in direct conflict with each other.


Planned Parenthood was among the many voices calling for an end to gun violence. Just two days after the shooting, Planned Parenthood Action posted a call for reform on their blog, noting that 96 lives are lost to gun violence daily. The post made its position clear: “As a health care provider, Planned Parenthood is committed to the fundamental right of all people to live safe and healthy lives without the fear of violence.”

Numerous Planned Parenthood affiliates were doing the same. On the local front, Planned Parenthood Advocates of Arizona was signal-boosting relevant articles on its Facebook page, including a profile of Emma González, who quickly became one of the most outspoken and recognized survivor activists in Parkland.

For pro-gun conservatives, on the other hand, the Parkland shooting was a call to go on the defensive and double down on their messaging. For a long while, a common tactic has been to deflect criticism by blaming access to abortion for “a culture of death,” as Rep. Kelly Townsend (R-Mesa) put it, or by peddling the notion that Planned Parenthood takes more lives than gun violence. In March, Matt Walsh dredged up that argument on the conservative website The Daily Wire. He dripped with sarcasm, stating he was “impressed [Planned Parenthood] could find time” to join the debate on gun control, “considering they’re also wrapped up in their war against babies and life itself.” To Walsh, Planned Parenthood is not in the business of promoting safe and healthy lives, because he looks past the lives of women. Continue reading

The Racial and Reproductive Justice of Thurgood Marshall

Thurgood Marshall, 1967. Photo: National Archives and Records Administration

On January 21, 2017, the day after the inauguration of Donald Trump as America’s 45th president, almost half a million people descended on Washington, D.C., in what the Washington Post called “likely the largest single-day demonstration in recorded U.S. history.” The Women’s March was held to protest the election of a highly unpopular president, who had been exposed in the months leading up to the election as someone who insulted the appearance and intelligence of women, boasted of his aggressive sexual advances toward others, and vowed to nominate a Supreme Court judge who would roll back women’s access to abortion. In D.C., and at solidarity marches around the nation and the world, people arrived for a massive show of support for women’s rights and reproductive justice.


Thurgood Marshall was a “great champion of intersecting struggles against racism and sexism.”


Actor Chadwick Boseman, who was on the set of Marvel Studios’ Black Panther, a movie based on the first black superhero featured in mainstream comics, took a break from filming that morning to tweet, “Shooting Black Panther on a Saturday. But my heart is at the Women’s March.” It was a fitting sentiment for an actor who had also been cast to star in Marshall, the recently released biopic about the late Supreme Court Justice Thurgood Marshall.

While Marshall was known foremost for his role in important civil rights cases like Brown v. Board of Education, as well as for becoming the first black U.S. Supreme Court justice some 50 years ago this month, he was also an influential figure in the history of reproductive justice. While the biopic focuses on his early career, when he handled a 1941 case involving a black defendant facing racially charged allegations and a prejudiced criminal justice system, it was not until more than three decades after that case — and more than five years after his swearing in to the Supreme Court — that Marshall became a fixture in the history of abortion rights in the U.S. Continue reading

2016 in Review: Our Bloggers Boost Their Favorite Posts

[H]ow can we put it? 2016 was a doozy. When we rang in the New Year on January 1, the Supreme Court was gearing up for one of the most important abortion-rights cases in years. When Justice Antonin Scalia died in February, President Obama named a replacement — and Congressional Republicans refused to hold hearings for the nominee, disregarding their job description. Both the Democratic and Republican parties were running exciting primaries — but, as we swept away the New Year’s confetti, Donald Trump was still considered by many to be an unfathomable joke.

While we did bask in a summertime victory, when the Supreme Court struck down Texas’ draconian anti-abortion laws, we were blindsided by Donald Trump’s Electoral College win — especially given that Hillary Clinton won the popular vote by a margin of nearly 3 million. As we say goodbye to 2016, we are unsure of what the future holds for reproductive rights, with a president-elect and Congress that are hostile to our cause, and the next Supreme Court nomination in unfriendly hands.

Throughout it all, our amazing volunteers stood by our side, never afraid to speak against current injustices or share important lessons from the past. As we enter 2017, we’ll need our volunteers more than ever! Our blogging team is made up of Planned Parenthood volunteers, who will be standing at the ready to document the events that unfold over the coming year — and to demand justice. But for now, our bloggers are looking back on their favorite posts from 2016. Please check them out!

rosa-parks-arrestMatt had no problem picking his favorite post of 2016: his piece on the long history of African-American women bringing sexual harassment to light. As Matt says, “the background reading for that one was really fascinating. Hopefully my synthesis did all of the source material justice!” It was only 30 short years ago that the Supreme Court handed down a landmark decision in sexual harassment law. Meritor Savings Bank v. Vinson was just one chapter in a long history of black women spearheading the fight against sexual harassment — from Rosa Parks to Anita Hill. Read Matt’s post to learn more about these brave women.

Tex-Supremes thumbnailAnne spent much of 2016 following the Supreme Court — including the deliberations and final ruling in this year’s Whole Woman’s Health v. Hellerstedt. When laws that purport to protect women’s health don’t actually do so, something has gone terribly wrong. Luckily, in June, the Supreme Court stood up for facts, logic, and the scientific method when they overturned Texas’ HB2, which wrote obstacles to abortion into law — under the guise of “protecting women’s health.” Anne’s pieces on the Supreme Court underscore how very important it is to have a president who will appoint justices who will uphold our constitutional right to control our own bodies.

shout-your-abortion-thumbnailGene had a clear candidate in mind when asked to share his favorite post of 2016: “That’s easy,” he told us, “Shouting My Abortion.” Gene, who has never had a uterus, ponders what it would be like if he could get pregnant — and have an abortion. Would abortion stigma start to fade away if cisgender men could get pregnant? Or would their bodies become heavily politicized battlefields as well? Regardless of your ability to become pregnant, statistics show that someone you love has had an abortion. Yet stigma keeps us silent. Read Gene’s thoughts on destigmatizing this common, legal, and important medical procedure.

Crosshairs thumbnailRachel kicked off 2016 by helping us fulfill our New Year’s resolution to read more when she reviewed “Living in the Crosshairs,” an enlightening, shocking, and enraging book that documents anti-abortion terrorism in the United States. The violence and threats routinely leveled at abortion providers not only heavily influences their lives, it also impacts all of us by making the full spectrum of reproductive health care more difficult to access. Now that November’s presidential election has put the United States on the brink of further dwindling access to safe abortion, this book will be — unfortunately — more relevant than ever. Understanding the obstacles abortion providers face, and the sacrifices they make, is important, making “Living in the Crosshairs” required reading.

Anna usually writes about the single-celled organisms that torment our nether regions in the form of sexually transmitted infections, but this year, her favorite post was about the history of contraception. When it comes to contraception, we’ve come a long way — from fish bladders to latex condoms, from womb veils to diaphragms, and from stem pessaries to IUDs. We can also use the morning-after pill rather than resorting to dangerous methods like douching with harsh chemicals to attempt to prevent pregnancy after unprotected sex. Even better, we don’t have to buy our condoms and other contraceptives on the black market! Read Anna’s post to learn some fun facts about the history of birth control.

pride flagsKelley is a PPAA employee who moonlights as a blogger. This summer, they wrote about the 47th anniversary of the Stonewall Riots, which set the modern LGBTQ rights movement into motion. When the cops busted Stonewall Inn in June of 1969, it wasn’t a typical police raid — this time, the LGBTQ folks they were harassing fought back. While the riots themselves only lasted three days, the fight for equality continues into the present. Whether patronizing Stonewall in 1969 or Pulse in 2016, the LGBTQ community deserves safe spaces free of violence. Read Kelley’s favorite piece of 2016 to learn about this important chapter in the enduring struggle for human dignity.

“You Have No Idea How Important This Is”: Anita Hill’s Testimony and the Arizona Attorneys Behind the Scenes

Anita HillWhen Justice Thurgood Marshall announced his retirement from the U.S. Supreme Court in the summer of 1991, it didn’t bode well for women. Marshall, the first African American appointed to the court, was best known for his expertise and influence on civil rights law, but he had also been a defender of reproductive rights during his tenure in the nation’s highest court. He was among the court majority that legalized abortion in Roe v. Wade, and he again stood up for abortion rights in two later cases, Harris v. McRae and Webster v. Reproductive Health Services.


The impact of Anita Hill’s testimony went beyond the question of Clarence Thomas’ appointment.


Marshall’s decision to leave the Supreme Court was announced during the presidency of George H.W. Bush, who had campaigned on an anti-abortion platform in his 1988 presidential bid. Predictably, Bush used the opportunity to replace Marshall with a more conservative judge. At a press conference on July 1, 1991, President Bush named Clarence Thomas, who was then one of the few African-American judges on the U.S. Court of Appeals, as his nominee.

Thomas had only served 19 months as a federal judge and, at 43, was relatively young for an appointee. Of the justices currently serving, he was the youngest at the time of appointment. Nonetheless, he had a record of statements and judgments that was enough to satisfy the Republican base. Though he had spent eight years as chair of the Equal Employment Opportunity Commission (EEOC), he had been critical of affirmative action and school desegregation initiatives, and he questioned the very idea that the government should take action to address racial inequality. A product of a Catholic upbringing and Catholic schooling, Thomas had called the right of married couples to use contraceptives an “invention.” Groups like the National Abortion Rights Action League (NARAL) immediately spoke out against Thomas’ nomination, expressing concern that his presence on the court could put Roe v. Wade at risk. Continue reading

The Roots of Resistance: The Social Justice Context of Sexual Harassment Law

wga_posterEarlier this year, Scandal star Kerry Washington brought sexual harassment into the spotlight with her portrayal of the embattled Anita Hill in HBO’s Confirmation. The movie dramatizes how Hill herself made sexual harassment a topic of high-profile, nationwide debate when she came forward to speak out against Clarence Thomas during his 1991 Supreme Court confirmation hearings.

Hill’s testimony gave resolve to others who had experienced similar treatment in the workplace, ushering in a 40-percent increase in the number of sexual harassment claims filed with state and federal agencies in 1991 and 1992. But as inspiring as her testimony was, Hill stood on the shoulders of brave women before her who confronted sexual harassment and helped advance a body of law that makes workplaces, schools, and other institutions safer spaces. That body of law now protects people against “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature,” as the U.S. Equal Employment Opportunity Commission summarizes.


The fight against sexual harassment is closely connected to the long struggle for freedom among African Americans.


The breakthrough cases in sexual harassment law provide a revealing look at the short and surprising history of the battles, both in and out of court, that brought the issue into public consciousness. It is a history that shatters popular perceptions of feminism’s second wave and brings to light an overlooked dimension of another fight for social justice: the Civil Rights Movement.

Two Landmark Legal Decisions

When Mechelle Vinson applied for a job at Capital City Federal Savings in 1974, she was only 19 years old, but she had already had part-time jobs at several businesses around Washington, D.C., including a shoe store and an exercise club. For Vinson, lessons in supporting herself had come early. A strained relationship with her father had led her to drop out of high school and make repeated attempts to run away from home. She got married at “14 or 15,” because, as she recounted later, “I thought if I get married, I don’t have to go through problems with my father.” Continue reading