Tag Archives: Roe v. Wade

Before Roe v. Wade: The 50th Anniversary of a Landmark California Case

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Demonstrator at New York City Women’s March, January 21, 2017. Photo: © Edith Marie Photography

“Should abortion be legalized?” That was the question posed on a forum in 1964 on Pacifica Radio. Nine years before the Supreme Court would give its own answer in Roe v. Wade, a trio of panelists debated the issue for listeners in Los Angeles.

Prompting the forum was a bill in the Legislature to liberalize California’s abortion laws. At the time, abortion was illegal unless the mother’s life was at risk. The proposed legislation, endorsed by the California Medical Association, allowed exceptions in cases of rape or incest, or when a pregnancy was not life-threatening but posed other harm to a patient’s physical or mental health.

People v. Belous marked the first time a patient’s constitutional right to abortion was upheld in the courts.

Did the bill go too far — or not far enough? Each panelist had a different take. Attorney Zad Leavy discussed the legal quandaries of people facing unintended pregnancies. He was cautious about full legalization but critical of the existing ban. Dr. Robert Hood, an area surgeon, opposed the legalization of abortion and even questioned the validity of the medical reasons commonly cited for justifying abortions. In sharp contrast, Dr. Leon Belous, an attending physician at LA’s Cedars of Lebanon Hospital, did not mince words in his support for legal abortion on demand.

Belous felt outlawing abortion was an example of “man’s inhumanity to women.” As he put it, “An injured dog on the street is treated with more sympathy and concern” than the countless women dying annually, or who risked that fate, from self-induced or black-market abortions. “I have seen seven to 10 of these women every month for the last 32 years,” Belous continued. “I have been seeing them in my office, many of them in the operating room, and some of them in the morgue.” He told of one who had been raped and another in desperate poverty, unable to support a child.

Belous concluded by sharing his hope that California’s “antiquated, unrealistic, and barbaric” ban would be overturned. Five years later, Belous was at the center of a case that did just that. Continue reading →

The Past Isn’t Always in the Past: Covington Catholic and the Politics of Race and Gender at Southern Private Schools

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Nathan Phillips (center) leads a dance at the Indigenous Peoples March. Image (detail): Joe Flood

It was hard to miss the video that went viral on the weekend of the Martin Luther King Jr. holiday.

On January 20, footage of a white high school student, flanked by his classmates as he stood in front of a Native American elder, took the news and social media by storm. The student stood at a close distance, wearing an apparent smirk below his “Make America Great Again” hat. The Native elder stood calmly but firmly, beating a small hand drum and singing over the noise from the student’s classmates, many of whom also sported the iconic red baseball caps of Trump supporters. One classmate appeared to taunt the Native elder with a gesture mocking a “tomahawk chop.”

The March for Life incident is a troubling reminder of a history that links segregated private schools to the anti-abortion movement.

The scene was from Washington, D.C., where students from Covington Catholic High School in Park Hills, Kentucky, were attending the anti-abortion March for Life. It was an event that coincided with an Indigenous Peoples March, a grassroots gathering of community leaders, celebrities, and activists to address the environmental and human rights issues facing Native American, First Nations, and other indigenous people.

The incident drew conflicting narratives as more footage was pieced together to show how Nick Sandmann, the Covington student, came face-to-face with Nathan Phillips, an Omaha elder, veteran, and activist. What gained general agreement was that tensions had first been elevated by verbal exchanges with another, smaller group identifying themselves as the Black Hebrew Israelites. A few members of that group could be seen subjecting the Covington students to inflammatory language and insults. Thereafter, people have been divided, often along partisan lines, on whether Sandmann or Phillips was the instigator of the face-off. Continue reading →

Book Club: Shout Your Abortion

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Shout Your Abortion hit the book shelves in time for us to celebrate the 46th anniversary of Roe v. Wade on January 22, 2019. That Supreme Court decision (finally) recognized that abortion is a normal part of a woman’s reproductive life and a right guaranteed by the Constitution. The book, edited by Amelia Bonow and Emily Nokes, presents the real-life abortion “shouts” of 44 women and how they think about what is typically a routine medical procedure.

Shout Your Abortion, edited by Amelia Bonow and Emily Nokes

In 1973, when Roe was decided, eight years had already passed since my (illegal) abortion, and I was raising two daughters. I was relieved to know that women, including my two kiddos, would never again need to risk their lives to get reproductive health care they might need.

I didn’t think we would ever go back to unsafe abortions or forced motherhood. It never occurred to me (and many other women) that staying quiet and just getting on with life would leave an open mic for anti-abortion zealots to chip away at our protection. Alas, we were wrong.

Planned Parenthood Action Fund article

Fast forward 46 years. “Stop! We’re not having it! Listen to us! We’ve had abortions!” Minority anti-abortion voices are no longer drowning out the majority of the American people (72 percent) who do not want to see Roe overturned and are taking action to prevent it, including our book’s “shouters.”

The genesis of the book was Amelia Bonow’s Facebook post about her abortion, passed along by Lindy West as #ShoutYourAbortion, prompting a deluge of “shouters.” Continue reading →

Due Protections: The Pregnancy Discrimination Act at 40

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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 →

On the Importance of Localized Electoral Work in Reproductive Rights

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The following guest post was written by Mellie MacEachern, the SHARE (Sexual Health and Responsibility Education) organizer with Planned Parenthood Advocates of Arizona. She has been with the organization for 11 months.

For many Arizonans, the local political landscape seems foreign or abstract, distant from their individual lives. It’s almost as though we’ve been intentionally persuaded to ignore what’s happening next door while we rile in anguish about what’s happening in Washington.

Year after year, Arizonans who care about reproductive choice hear about bills being introduced that specifically target reproductive health care in minute but aggressive ways. But it’s not easy to muster a fervent view about reporting procedures in health clinics that you may not even visit if you’re hearing about them after they’ve been voted on, or if you don’t know your representative in the state Legislature and you’re unsure how you, as an individual, can hold them accountable.

In 2014, anti-choice candidates in Arizona won by around 170,000 votes. Meanwhile, 193,000 likely pro-choice voters didn’t show up at the polls.

The interim between election years is also disheartening for those who are interested in engaging in the local political climate but don’t know how to go about holding their national elected officials accountable for their votes on the national stage. How many times can someone call their senator before they burn out, before they lose hope?

Since 2016, we’ve seen an unprecedented interest in support for reproductive choice and access to care. An overwhelming number of people want to engage, help, show up, and make sure their voices are heard. But for the individual voter, constituent, or citizen, it can seem as though that hard work may not lead to an opportunity to be seen and heard by the people you work to elect.

That’s where Planned Parenthood Advocates of Arizona (PPAA) comes into play. Continue reading →

The Kennedy Retirement and the Radicalizing of the Supreme Court

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Protesters swarmed Washington, DC, to voice their opposition to Brett Kavanaugh.

When Justice Anthony Kennedy announced his retirement from the Supreme Court, alarms went up about overturning Roe v. Wade, which would make abortion once again illegal in many states. As shown in Whole Woman’s Health v. Hellerstedt, in which Kennedy provided the decisive fifth vote overturning Texas’ draconian laws limiting abortion access, one justice can preserve the right to abortion. But Kennedy also voted with the majority in Planned Parenthood v. Casey in 1992, when the Supreme Court upheld a state’s right to impose extra requirements — mandatory counseling, waiting periods, etc. — on those seeking abortions. So, while he was willing to curtail access, he never was willing to overturn Roe v. Wade altogether.

In Brett Kavanaugh’s twisted worldview, paperwork is the true burden, while an unwanted pregnancy is not.

But Kennedy was the last independent conservative on the Supreme Court. Anyone Trump nominated was going to be on the far right because he was using the Federalist Society’s list compiled by Leonard Leo. Not quite a kingmaker, but definitely a justice-maker, Leo is also responsible for Justices Roberts, Alito, and Gorsuch.

But some on the right have some doubts about Kavanaugh. In response, the National Review emphasizes Kavanaugh’s judicial defense of “religious freedom.” (Nothing shows the real danger Kavanaugh poses like pundits on the far right reassuring other conservatives.) They lauded Kavanaugh’s ruling in favor of the Trump administration in the case of Jane Doe, the teenage immigrant the Department of Health and Human Services (HHS) tried to stop from having an abortion, as “the latest in a long, unbroken line of consistent decisions on issues of religion and abortion.” Continue reading →

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

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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 →