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

Brothers in Arms, Part 2: Race and Abortion from Roe to the Reagan Years

This article is our second installment in a series that explores the historical and contemporary links between racial intolerance and opposition to abortion. Previously, this series examined how fears of immigration — and racist notions that associated abortion with the barbarism of so-called “savage” races — fueled the opposition to abortion that led to its prohibition in the late 1800s. This installment examines the social forces that helped racism and opposition to abortion converge again in the first years after Roe v. Wade.

Replica of a banner used at NAACP headquarters from 1920 to 1938

A principle of democracy holds that while majority rule should serve as the guiding force of government, at times it must be reconciled with the rights of individuals and minorities. It was an idea Thomas Jefferson captured in his inaugural speech of 1801:

All … will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail … that the minority possess their equal rights, which equal law must protect.

With that understanding, the framers wrote the Constitution to include provisions for a judicial branch, composed of judges whose lifetime appointments would free them from the pressures of elections and afford them greater independence in their decisions. The branch would serve as the nation’s highest judicial body, above state and local courts.


Before his obsession with abortion and Tinky Winky, Jerry Falwell fought civil rights and integration.


For much of U.S. history, local, state, and federal judicial systems existed alongside another judicial system, one far less formal and conceived not in the interest of protecting minorities, but often in meting out the harshest possible punishments for them. It was the vigilante justice of lynching, sometimes known as Lynch law. Named after the Virginia plantation owner Charles Lynch, it was a form of mob justice that took root in the Revolutionary War era, before an official court system was fully established. It came to mean quick trials that ended in public hangings.

Though lynching was initially used against British loyalists, eventually Southern blacks became the overwhelming majority of its victims. Many Native Americans, Asians, Jews, and Mexicans were also lynched. According to the NAACP, between 1882 and 1968, in the period of racial tension in the post-slavery and civil rights years, 4,743 lynchings took place, and 3,446 of its victims were black. Rather than taking place under the cover of night or in countryside seclusion, many lynchings were staged in broad daylight, even in front of courthouses, and they were often advertised beforehand in newspapers — a blunt assertion of their existence as a separate judicial system for people of color. Though associated with the South, they took place in the North as well. In fact, only a few states — Alaska, Connecticut, Massachusetts, New Hampshire, and Rhode Island — had no lynchings between 1882 and 1968. Continue reading

Brothers in Arms, Part 1: Racist Anti-Abortion Rhetoric from the Restell Years to Roe v. Wade

Newspaper illustration of Madame Restell in jail, February 23, 1878

This article is our first installment in a series that explores the historical and contemporary links between racial intolerance and opposition to abortion, from the fears of immigration that fueled abortion prohibition in the late 1800s to the gender-based hatred rooted in today’s white nationalist resurgence.

In the battle over abortion, Kentucky was this year’s ground zero. In Louisville, the EMW Women’s Surgical Center fought to keep its doors open, as a governor, a legislature, and a base of activists — all hostile to abortion — made it their mission to shut the clinic down. For reproductive justice advocates, the stakes were high, as EMW stands as the only abortion provider in Kentucky, the last one in a state that had more than a dozen such providers in the late 1970s.


In the 19th century, opposition to abortion was fueled by racist paranoia.


The situation in Louisville was emblematic of a national phenomenon. In 2011, state legislatures entered a fever pitch, passing new restrictions on abortion, including ultrasound requirements, waiting periods, state-mandated counseling, and prohibitions against telemedicine care and abortion medications. Within a few years, more than 200 restrictions were enacted, and by early 2016, The Washington Post was reporting that 162 abortion providers had closed in their wake.

Boom Years for Abortion

When Ann Lohman first opened her abortion practice, her experience could not have stood in starker contrast to the battle of attrition against regulations and harassment that shutters many of today’s providers. If there were any challenges to keeping her doors open, it was competing with the many other providers who clamored for attention, with advertisements in newspapers, popular magazines, and even religious publications. Lohman’s own advertising budget, to stand out from the crowd, eventually reached $60,000 a year.

Lohman’s experience, like the EMW Center’s, was a sign of the times — but they were very different times.  Continue reading

“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

Brookline Clinic Shootings: December 30, 1994

BROOKLINE, MASS., DEC. 30 — A gunman dressed in black opened fire with a rifle at two abortion clinics here this morning, killing two female staff workers and wounding at least five other people.

This matter-of-fact sentence was the opening of a Washington Post story on December 31, 1994. Today marks the 20th anniversary of these shootings at the Planned Parenthood and Preterm Health Services clinics in Brookline, Massachusetts, just outside of Boston.

Planned Parenthood buffer zone in Vermont. Photo: Adam Fagen

The Brookline shootings are generally considered the third in a series of assassinations by anti-abortion activists and followers, beginning with the murder of Dr. David Gunn in Pensacola, Florida, in March 1993. A history of acts of violence compiled by NARAL frames Dr. Gunn’s killing as a turning point, while recognizing that violent acts were happening all through the 20 years since the Roe v. Wade decision in 1973.

I was living in Massachusetts in 1994; my life, however, was such that I did not have much time or energy for the news. I have a friend who lived in Brookline at the time; I asked for her memories of the shooting. She sent me this:

 My 7-year-old daughter and I were coming home to our apartment in Brookline on the trolley to Cleveland Circle when we saw the police swarmed around the brownstone that the [Planned Parenthood] clinic was in. I had a friend who worked there part time, so I was very worried. I wanted to join the crowd of people behind the police line to find out what happened, but my daughter’s safety was first on my mind. Continue reading

Pro-Choice Friday News Rundown

  • mobile appRussell Pearce, one of the worst Republican leaders in Arizona, engineered his own downfall by advocating for poor women to be forcibly sterilized. Isn’t it strange how these people actively fight against “government-sponsored” co-pay-free birth control and abortion one minute and then try to force it upon those they deem “undesirable” the next? (AZ Central)
  • Vice went undercover in several crisis pregnancy centers and further confirmed that they’re a lying bunch of sorry liars who thrive on cruelly tricking women in incredibly vulnerable situations. (Vice)
  • Add Republican Texas Sen. Ted Cruz to the ever expanding list of lying, anti-choice liars on a never-ending mission to deceive us. This imbecile had the gall to accuse the federal government of “suing nuns to force them to pay for abortion-inducing drugs.” Um, what? No sir. The “nuns” in question, Little Sisters of the Poor, a Catholic nonprofit, are suing the government to challenge the Affordable Care Act’s birth control benefit. The government is not suing them. The case is over their refusal to provide insurance coverage for birth control to their employees. Birth control! Which does not “induce abortions”! (RH Reality Check)
  • A dilemma far too many women face: being too poor for a baby and too poor for an abortion. And before the anti-abortion crowd chimes in with “she shouldn’t be having sex then,” let’s shut down that BS with the fact that this woman in particular is married. I don’t think that would stop Russell Pearce from putting her on the forced-sterilization list, but I do think the anti-abortion “abstinence before marriage crowd” should face the fact that these situations don’t just happen with us unmarried sinful sex enthusiasts. (xoJane)
  • If you’re on Twitter and not following Dr. Leah Torres, ob/gyn and pro-choice superstar, you should rectify that. She drops knowledge! (Bustle)
  • Planned Parenthood has an app for your mobile phone now and obviously some people aren’t thrilled with that. (Seattle Times)
  • One woman’s cost for helping her pregnant daughter obtain “the abortion pill”? Forty-five dollars for the medication and 9 to 18 months in jail. (NY Times)
  • CVS effed up big time by illegally charging more than 11,000 women who should have been receiving co-pay-free birth control under the ACA for their contraception. (Salon)

Pro-Choice Friday News Rundown

  • Supreme_Court_protectI’ve spoken about my experiences as a clinic escort and the importance of buffer zones around abortion clinics many times on this blog. We at Planned Parenthood are staunch supporters of buffer zones and believe they’re crucial in protecting our patients from potential harm and harassment. So, imagine our collective dismay yesterday when the Supreme Court handed down a unanimous decision calling the 35-foot clinic buffer zone in Massachusetts “unconstitutional” on the basis that it violates the First Amendment of those who wish to “counsel” clinic patients. Pretty infuriating to say the least. (Mother Jones)
  • Will SCOTUS also throw women under the bus in the upcoming Hobby Lobby decision? (RH Reality Check)
  • Four years ago, Aaron Gouveia and his wife had to make the heartbreaking decision to abort their non-viable, very much wanted child. His story describes how the presence of anti-abortion protesters made the saddest day of their lives exponentially worse. (Time)
  • President Obama is the first Commander in Chief to help advance transgender rights! (Associated Press)
  • Women who volunteer in the Peace Corps are now able to receive insurance coverage for abortion (albeit in limited circumstances: rape, incest, or life endangerment). Better to have baby steps than no steps, I guess. (RH Reality Check)
  • Check out this fascinating piece on the history of sex-ed films shown in schools over the years. (Truth-out)
  • The headline might sound sensational, but it’s the truth — Abortion Clinics Are Closing Because Their Doors Aren’t Big Enough. (Vice)
  • The Vatican is aware their teachings on contraception aren’t followed or even highly regarded by most Catholics, but apparently, it’s easier to keep the doctrine stale and irrelevant than to evolve because they’re not likely to make any changes. (Toronto Star)