“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 26th Amendment at 45: Bringing More Voters to the Fight for Reproductive Rights

Image of a button showing support for a lower voting age from the Smithsonian National Museum of American History

When the question of same-sex marriage went before the Supreme Court in the summer of 2013, it was clear that millennials, the nation’s youngest adults, had already reached their verdict; 66 percent were in favor of recognizing it, putting them among the most supportive demographic groups in the U.S.

That same year, millennials were in the spotlight in another fight for social justice. Refusing to accept their university’s mishandling of sexual assault reports, two survivor activists at the University of North Carolina at Chapel Hill fought back with federal complaints. Their activism turned up the pressure on their institution and evolved into the founding of the organization End Rape on Campus, or EROC, a networked movement against sexual assault that linked survivor activists and other advocates for change on college campuses throughout the U.S. Following EROC’s founding, supportive faculty formed Faculty Against Rape, or FAR, bringing the movement to more stakeholders in campus communities.


Young voters have the power to shape political futures.


Jennings Randolph, a Democratic member of Congress from 1933 to 1947 (and later a senator from 1958 to 1985), said the nation’s youth “possess a great social conscience, are perplexed by the injustices in the world and are anxious to rectify those ills.” With that faith in the collective power of young Americans, Randolph made it his mission, beginning in 1942, to introduce legislation that would lower the voting age to 18. Historically it had been 21. His hopes, though, would not be realized until decades later, in the 1970s.

The United States entered the 1970s bearing the toll of what became one of the longest and most unpopular wars in its history. By the time the Vietnam War ended in 1975, 2.5 million Americans had served in the conflict, a quarter of them because of the draft. More than 58,000 of them lost their lives. Continue reading

The Nation’s — and Arizona’s — Road to Marriage Equality

Protesters advocate for marriage equality as the Supreme Court hears Hollingsworth v. Perry. Image: Victoria Pickering

Protesters advocate for marriage equality as the Supreme Court hears Hollingsworth v. Perry. Image: Victoria Pickering

June is often known as a big month for weddings. Last June, that was more true than ever as a political battle over the right to marry was in front of the Supreme Court.

In the spring and early summer of 2013 and the days and weeks leading up to the decision in Hollingsworth v. Perry, it was clear that no matter what that case decided about same-sex marriage, the public had decided in favor of marriage equality. Hollingsworth v. Perry challenged Proposition 8, a California same-sex marriage ban that was passed by voter initiative in 2008. The plaintiffs in the case charged that Proposition 8 violated the Constitution’s equal protection clause.


Arizona was the first state to defeat a ballot initiative against marriage equality, but it still doesn’t recognize same-sex marriage today.


Interest built as the case made its way through the U.S. District Court in San Francisco, the 9th U.S. Circuit Court of Appeals, and the Supreme Court. The attorneys challenging the ban were themselves a sign of the change taking place in the United States, as former rivals in the Bush v. Gore trial — the Supreme Court trial over the disputed 2000 presidential election — joined forces to challenge Proposition 8. David Boies, a Democrat who had represented Al Gore, joined Theodore Olson, a Republican who had represented George W. Bush.

Before agreeing to serve as counsel for the plaintiffs, Olson had been approached by backers of Proposition 8 to serve as their counsel. Olson declined on the grounds that the law was contrary to both his legal and personal views. However, a high-profile Republican had made the case that the tide was turning, and polling before the Hollingsworth decision provided proof in numbers. Support for marriage equality was growing across all major demographic sectors, and 14 percent of those polled by the Pew Research Center had switched from opposing to supporting marriage equality. A CBS News poll showed that a 53-percent majority now supported same-sex marriage. Alex Lundry, a data scientist who had worked on Mitt Romney’s presidential campaign, called it “the most significant, fastest shift in public opinion that we’ve seen in modern American politics.” At the same time, celebrities ranging from hip-hop artist Jay-Z to Baltimore Raven Brendon Ayanbadejo joined the fray as allies. Continue reading

Book Club: Crow After Roe

Crow After RoeA new book by Robin Marty and Jessica Mason Pieklo takes readers on a tour of a disaster. It was a catastrophe that swept through much of the Midwest but also shook states like Arizona, Idaho, and Mississippi. Its widespread effects raised numerous health concerns as it made its way through much of the country, and its repercussions are still felt today. Undoing the damage could take years.

The disaster was not natural, but political. The 2010 midterm elections saw a wave of Republican victories, giving state legislatures a new makeup and a new agenda. Reacting to a recently elected Democratic president who had called himself “a consistent and strong supporter of reproductive justice,” conservative lawmakers introduced one bill after another to limit access to reproductive health care — especially, but not exclusively, abortion.


The defeat of Arizona’s 20-week abortion ban is a timely reminder of what activists can accomplish.


In Crow After Roe: How “Separate but Equal” Has Become the New Standard in Women’s Health and How We Can Change That (Ig Publishing, 2013), Marty and Pieklo, both reporters for the reproductive health and justice news site RH Reality Check, take a state-by-state look at the many bills that were introduced in the wake of the 2010 midterm elections. Those bills made the next year, 2011, a record year for state-level legislation to restrict abortion. States passed more anti-abortion laws in 2011 than in any year in the last three decades. What was quickly dubbed the War on Women continued into 2012. That year saw the second highest number of new state-level abortion restrictions. This year is shaping up to be much like the prior two, with new restrictions introduced in more than a dozen states, according to the Guttmacher Institute.

Marty and Pieklo argue that this onslaught of bad legislation has put women — especially poor, minority, and rural women — in a separate and secondary class of health care consumers who have little choice or control over their reproductive health. The authors posit that the goal of the many restrictions is to render abortion “legal in name only” — still legal, but largely unavailable. Continue reading

The Feminine Mystique in Retrospect: An Interview with Stephanie Coontz, Part 2

Last month we featured Part 1 of our interview with historian Stephanie Coontz about her book A Strange Stirring: The Feminine Mystique and American Women at the Dawn of the 1960s (Basic Books, 2012). A Strange Stirring looks at the history of Betty Friedan’s The Feminine Mystique, which has been widely regarded as one of the most influential books of the last century.


“Work is still organized on the assumption that every employee will have a wife at home to take care of life.”


Published 50 years ago in February of 1963, The Feminine Mystique was Friedan’s response to the unease and dissatisfaction that she learned was common among American housewives at the time. Friedan hypothesized that the root of their unhappiness was their confinement to domestic roles, which prevented them from finding meaning and identity outside of their roles as homemakers, partners, and caregivers. Entering the workforce and professions, Friedan believed, would provide them the fulfillment they were missing.

Although social conservatives blamed The Feminine Mystique for sowing marital discontent, that was never Friedan’s intention. As Stephanie Coontz explained in A Strange Stirring, Friedan’s book “made a point of not criticizing husbands for their wives’ unhappiness.” Instead, it suggested that “marriages would be happier when women no longer tried to meet all their needs through their assigned roles as wives and mothers.” In Part 1 of our interview, Coontz discussed the accuracy of Friedan’s insight, noting that “today divorce rates tend to be lowest in states where the highest percentage of wives are in the labor force. Marriages where men and women voluntarily share breadwinning and caregiving tend to be very high quality.” Continue reading

Ron Barber Takes a Stand for Women’s Health

Editor’s Note: What follows is our unedited, exclusive interview with Ron Barber, the candidate who is running to complete Gabrielle Giffords’ term in Congressional District 8. Barber has worked with Giffords since she was elected to Congress in 2006, after which he became the head of her Tucson office. He is endorsed by both Giffords and the Planned Parenthood Action Fund. Prior to his work with Giffords, he navigated bureaucratic red tape as head of the Southern Arizona branch of the state’s Division of Developmental Disabilities, advocating for vulnerable members of the community. With strong bipartisan support, and strong roots in Southern Arizona, Barber will stand for CD8 in Washington — but first, he needs your vote. The election will be held on June 12, 2012; you can also vote by early ballot.


“Our federal and state budgets should reflect our values and not the extreme positions of a few legislators.”


Please give me a little background on yourself: where you grew up, your education, how long you’ve lived in Tucson.

I have lived here in Southern Arizona most of my life, running a small business with my wife, Nancy, and helping solve community problems — whether it was heading up Congresswoman Giffords’ district operations to help people get results by cutting through federal agency red tape, or working for 35 years to look out for people with disabilities.

I was born in England, but went to high school in Tucson, where I met my wife, Nancy. We were high school sweethearts — we first started dating in 1960 and have been together ever since. I went to the University of Arizona, here in Tucson, and received a bachelor’s degree. I’ve lived in Tucson for over 50 years — my children and grandchildren all live here as well.

What women’s health care issues do you see will need to be addressed in the remainder of this legislative term and in the next?

Access to basic care is still a major issue for women’s health. We must ensure that regardless of state laws on abortions or funding, Planned Parenthood and other clinics continue to receive funds to provide basic health care to women — from cancer screenings to mammograms. Continue reading

Special Election on June 12: Ron Barber Stands with Planned Parenthood

It’s pretty safe to say that nearly all of the political advertisements and newspaper articles covering the Congressional District 8 race between Ron Barber and Jesse Kelly have focused on Social Security and Medicare. But, the issue of women’s health care is also critical — and one that hasn’t received much attention.

Jesse Kelly is an avowed anti-choice candidate and has received support from the National Right to Life Political Action Committee. Barber, when asked about his position on choice and women’s health care, said he has always been pro-choice and believes women’s health care decisions must be made between women and their doctors.


Ron Barber is running to finish Gabrielle Giffords’ term in the June 12, 2012, special election. Early voting starts on May 17.


“There has been too much political debate about limiting our freedoms,” he told us. “Women have the right to make their own choices about contraception and any interference from the government or employers is an affront to personal liberty.”

The debate on women’s health care used to center on abortion. It has now expanded to include the availability of contraception and the “right to refusal” — so-called consciousness clauses that allow pharmacists to refuse to dispense emergency contraception, employers to opt out of providing insurance coverage for birth control, and health care providers to refuse emergency care for pregnant women. Barber, as do most Americans, believes that the “availability of contraception was an issue we settled 50 years ago” and employers, insurance companies, and pharmacists should not put themselves between a woman and her doctor. Continue reading