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

“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

Meet Our Candidates: Scott Prior for State Senator, LD 16

The Arizona primary election takes place TODAY! Find your polling location here. Reproductive health care access has been under attack, both nationally and statewide, but Planned Parenthood Advocates of Arizona has endorsed candidates who have shown strong commitment to reproductive justice. To acquaint you with our endorsed candidates, we are running a series called “Meet Our Candidates.” In order to vote in today’s primary election, you need to have been registered to vote by August 1. Missed the deadline? You can still register online for November’s general election. Make your voice heard in 2016!

[S]cott Prior is resilient and tenacious in his commitment to underrepresented citizens. He is running for the state Senate in Arizona’s Legislative District 16 for the third time. He previously ran in 2012 and 2014, at which time he shared his thoughts with Planned Parenthood Advocates of Arizona (PPAA). PPAA has endorsed Mr. Prior each time because as a Democrat who is independent-minded, he places the interest of people over the interest of profit. He is committed to individual freedom and believes that human dignity should come before corporate, government, or religious interests. Mr. Prior’s wife is running in the same district for the state House of Representatives. Scott and Cara have been married 20 years and live in Apache Junction. They are both committed to reproductive justice.


“Sex education should be age-appropriate and provided in schools.”


Legislative District 16 includes Apache Junction, East Mesa, Gold Canyon, and northern San Tan Valley. Mr. Prior will be running against Republican David Farnsworth. Sen. Farnsworth believes that abortions should always be illegal and does not believe that the Arizona government should fund clinics and medical facilities that provide abortion services. Sen. Farnsworth also does not support sex education in schools, increasing funding for programs to prevent teen pregnancy, the inclusion of sexual orientation in Arizona’s anti-discrimination laws, or recognizing same-sex marriages.

On July 8, 2016, Mr. Prior generously took time to share his thoughts with PPAA again via Skype, sharing why he is more determined than ever to win this election.

Since PPAA last spoke with you, how has your commitment to serving Arizona grown? What has happened during that time to give you hope, and what has happened to strengthen your convictions?

The serious mistakes made over the last two years by the state Legislature have made me even more resolved to make a difference in the state of Arizona. Funding for schools has been slashed while corporate tax breaks and funding for private prisons have been increased. I do not want to see what has happened in Kansas happen in Arizona. In Kansas, there has not been enough money to keep the schools open the entire year.

As a secular humanist, I do not believe or follow any religion. It is unacceptable for the Phoenix City Council and the Arizona Legislature to deny all but Judeo-Christian faiths from taking part in opening invocations. It is important that we all understand the importance of the separation of church and state. Continue reading

Meet Our Candidates: Scott Prior for State Senator, LD 16

The Arizona general election will be held on November 4, 2014, and early voting starts today! Reproductive health care access has been under attack, both nationally and statewide, but Planned Parenthood Advocates of Arizona has endorsed candidates who have shown strong commitment to reproductive justice. To acquaint you with our endorsed candidates, we are running a series called “Meet Our Candidates.” Make your voice heard in 2014!

[C]overing parts of Pinal and Maricopa counties, including Gold Canyon, Apache Junction, and parts of Mesa, Legislative District 16 is home to more than 220,000 Arizona residents. Scott Prior made the decision to run for Senate in LD 16 so that his fellow constituents could be represented by someone who advocates for workers, makes education a priority, and supports equality for Arizonans regardless of race, religion, gender, or sexual orientation. Both he and his spouse Cara are seeking to represent LD 16 to bring more attention to those issues in the legislature, with Cara running for one of the open seats in the House of Representatives. Planned Parenthood Advocates of Arizona has endorsed both Scott and Cara Prior because of their commitment to reproductive justice.

Mr. Prior returns to the campaign trail after running in 2012. At that time, he shared his thoughts with this blog on the many issues that needed to be addressed in the legislature, including Arizona’s high teen birth rate, inadequate sex education, and health care policy that interferes with private decisions between doctors and patients.

On October 4, Mr. Prior generously took the time to share his thoughts with us again, highlighting many of those same issues but explaining why he is hopeful for a better outcome in this year’s election.


“Let’s leave the practice of medicine to the doctors … and keep legislation out of it.”


It’s great to talk to you again! How has your commitment to serving Arizona grown over the past two years? On the policy level, what has happened during that time to give you hope, and what has happened to strengthen your convictions?

Over the past two years, it has become even more imperative to get common sense people in the state legislature. We have seen a continuing shift over the past several years of elected officials working for the benefit of corporations and special interests, and away from helping the people of our great state. I firmly believe that until we can elect people who will concentrate on the important issues of the economy, creating jobs, and fixing our failing education, we will continue to be the laughingstock of the late-night comedy circuit.

This election cycle will be different, I believe, as my opponent doesn’t have the [same] name recognition and popularity as my opponent in 2012. This gives me hope that I might be able to make a difference, and have a good chance that this election will be much closer of a contest. My convictions are strengthened by the fact that in the 2014 primary, I gathered more votes than I did in the 2012 primary. This means that people are more interested in getting their voices heard, even in a midterm election.

Earlier this year, the state legislature passed HB 2284, which permits the health department to inspect abortion clinics without a warrant. What do you think about this new law?

I personally believe that HB 2284 is just another way for those who don’t believe women can make their own health care choices to try to intimidate and prevent women from exercising their constitutional rights. If those same people who supported this bill spent as much time working on taking care of children after they are born as they do before they are born, then my district would not have a 16 percent child poverty rate, 11 percent of the children in my district would not be without health insurance, and education statewide would not be ranked so low compared to other states. Continue reading