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

“That’s Just Your Sickness Talking”: Psychiatry, Homophobia, and the Turning Point in 1973

John E. Fryer, MD, dressed as Dr. H. Anonymous at the 1972 APA conference

It wasn’t his high blood pressure or high cholesterol that caught Matthew Moore by surprise when he went to his new physician earlier this year. Moore, a Southern California man in his mid-40s, described those conditions as “normal for me.” Nor was Moore, who is openly gay, shocked to see that his doctor noted his sexual orientation on his medical paperwork — until he saw the way that she noted it.


“The sickness label was used to justify discrimination, especially in employment, and especially by our own government.”


Listed as a chronic condition, Moore noticed “homosexual behavior” on his paperwork, followed by the medical code 302.0. As unsettling as the notation already was, Moore decided to research what the code meant, and he was left wondering how the diagnosis could happen today: “When I look[ed] up code 302.0 [I learned that it meant] sexual deviancy or mental illness, and that code has been removed or suggested heavily not to be used since 1973.”

“My jaw was on the floor,” Moore recounted. “At first, I kind of laughed, [and then] I thought, ‘Here’s another way that gay people are lessened and made to feel less-than,’ and then as I thought about it and as I dealt with it, it angered me,” he told a local news station.

Moore complained to his physician, and, dissatisfied with her response when she defended the diagnosis, he wrote a letter to the parent company of the Manhattan Beach office where his physician practiced medicine. Moore received a written apology and a refund of his co-pay.

Moore’s story made the news earlier this year because of how anomalous — and appalling — it was. But prior to 1973, Moore’s experience would have been almost inevitable, unless he took precautions to keep his sexual orientation as private and secret as possible.

Until a decision by the American Psychiatric Association (APA) changed the course of history 40 years ago this Sunday, on December 15, 1973, gay and lesbian people couldn’t escape the perception that their sexuality was a sickness. Continue reading

Roe v. Wade at 40: Lost Ground and the Moment to Reclaim It

As 2012 came to a close, one of the last attacks on reproductive freedom in Arizona was in the U.S. Ninth Circuit Court of Appeals, where the state of Arizona fought to defund Planned Parenthood. The state was appealing an injunction against HB2800, a new measure that would strip funding for family planning services from any health care facility that provides abortions.


The 40th anniversary of Roe v. Wade should serve as a call to action to defend reproductive freedom.


Following a year that saw more state-level legislation to restrict abortion access than any year in the last three decades, 2012 saw no reprieve. Besides HB2800, Arizona lawmakers voted on bills that barred employer coverage for birth control and access to medically necessary abortions. In response to part of the latter bill, the Arizona Department of Health Service’s website added a new section on abortion, which made its debut late last year, called “A Woman’s Right to Know” — a guide that employed scare tactics and other manipulation to deter women from seeking abortions.

Arizona reflected what was happening nationally. According to a recent study by the Guttmacher Institute, Arizona has joined a new majority of states that are “solidly hostile to abortion rights.” In 2000, a third of women of reproductive age lived in such states. Today, more than half do. Since 2000, the number of states considered hostile to abortion doubled from 13 to 26. Continue reading