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

Meet Our Candidates: Hazel Chandler for State Representative, LD 20

The time to fight back — and fight forward — for reproductive justice is fast approaching. The stakes are high in this year’s state election, with candidates for governor, secretary of state, attorney general, and other races on the ballot. The Arizona primary election will be held August 28, 2018, and early voting began on August 2. Voters need to have been registered by July 30 to cast their ballots. Reproductive health has been under attack, both nationally and statewide, but Planned Parenthood Advocates of Arizona has endorsed candidates who put our health and our rights first. Get to know them now in our series of “Meet Our Candidates” interviews, and make your voice heard in 2018!

A wealth of experience has brought Hazel Chandler to her current bid for the Arizona Legislature. A 40-year resident of Arizona, she is a longtime advocate for public education and social justice whose career spans decades in the government, nonprofit, and private sectors.

For Ms. Chandler, though, the focus is not on what’s behind her but on what’s ahead. Ms. Chandler holds degrees in early childhood development and management, and with those in her toolbox, she has spent much of her career working for the next generations of Arizonans. For eight years she served as the regional director of First Things First, an agency in Phoenix that promotes early childhood education and other measures to ensure the success and wellbeing of Arizona’s children. Along with school funding, Ms. Chandler has been an outspoken supporter of funding KidsCare and other programs to ensure that children’s health care needs are being met, regardless of household income. As she told the Arizona-based Children’s Action Alliance, “Providing children with health care needs to be a priority for our state.”


“It is our moral responsibility to make sure that everyone has access to affordable, quality health care, including reproductive care for women.”


Ms. Chandler’s focus on the future also means a commitment to a clean environment. As she states on her campaign website, environmental protection “isn’t just an issue, it is the entire context in which we have to make all our public policy decisions.” For her, creating a sustainable future is about conserving resources to meet long-term economic needs — as well as protecting people from the health effects of pollution and climate change.

In fact, much of Ms. Chandler’s platform — from her views on preventing crime to getting big money out of politics — circles back in some way to public health. Within that comprehensive view of health, she is also committed to reproductive justice. That conviction has helped garner the endorsements of Arizona List, the Arizona NOW Political Action Committee, and Planned Parenthood Advocates of Arizona. Continue reading

Meet Our Candidates: Jennifer Jermaine for State Representative, LD 18

The time to fight back — and fight forward — for reproductive justice is fast approaching. The stakes are high in this year’s state election, with candidates for governor, secretary of state, attorney general, and other races on the ballot. The Arizona primary election will be held August 28, 2018, and early voting began on August 2. Voters need to have been registered by July 30 to cast their ballots. Reproductive health has been under attack, both nationally and statewide, but Planned Parenthood Advocates of Arizona has endorsed candidates who put our health and our rights first. Get to know them now in our series of “Meet Our Candidates” interviews, and make your voice heard in 2018!

Jennifer Jermaine has a long history of being politically engaged, advocating for women’s rights, public health, and other causes on behalf of nonprofit and social services organizations. But the last two years have brought two waves of activism that were transformative for the longtime Chandler resident, inspiring her to launch her own advocacy organization — and run for state Legislature.


“Health care decisions are very personal and private and should be kept that way.”


The first wave was the mounting protests in the wake of Donald Trump’s election in 2016. The victory of such a far-right candidate prompted Jermaine to post a call for action on Facebook. Her idea was a network that would register voters and organize communities, a group she dubbed Stronger Together AZ. Within days, she had 10,000 members. By the end of the month, an inaugural meeting drew 1,000 participants.

The second wave was Arizona’s #RedforEd movement, which sparked strikes and walkouts this spring for better teacher salaries and school funding. Strengthening public education is the first issue Ms. Jermaine mentions on her campaign website. She seeks to represent Legislative District 18, which includes Ahwatukee and parts of Chandler, Mesa, and Tempe, “because the children of Arizona deserve fully funded public schools.”

Along with that focus, Ms. Jermaine is committed to standing up for civil rights and equality on behalf of women, people with disabilities, communities of color, and LGBTQ people. That includes recognizing women’s bodily autonomy and their right “to make their own health care decisions without government intervention or impositions.” Continue reading

Shaking the Foundation of Privilege: The Fight for a Fair Vote, from Seneca Falls to the 2018 Midterms

In the 19th century, ample water and rich soil made Seneca Falls a town full of thriving farms and optimistic people. Idealism took hold in the many calls for progressive political reform and utopian community-building, as residents of the small New York town committed to causes like the abolition of slavery, harmony between indigenous people and settlers, and even the dismantling of church hierarchy.


The deadline to register to vote in the Arizona primary election is July 30.


Seneca Falls’ flowing streams also gave it the water power to build industry at a time when industry was transforming family structure. Children could be assets to farm families that needed more hands to share the labor of harvests and animal husbandry, but in industrial settings, they could be a liability, bringing costs to the home in the form of food, clothing, medical care, and education. Many women tried to avoid pregnancies by using the family planning methods of that era, which included spermicidal douches and abortion, as well as pills and tonics advertised for the “stoppage of nature” and other veiled references to contraception. As women became less involved in childbearing, their roles in the home — and society — began to change as well.

Water mill, New York State. Photo: Wikipedia.

Amid those influences, the women’s rights movement coalesced in Seneca Falls, spearheaded in large part by Lucretia Mott and Elizabeth Cady Stanton. They were reformers who met through the anti-slavery movement but turned their attention to the emancipation of women. Stanton evoked the parallels between those causes in a speech she gave before the New York Legislature, in which she decried how color and sex had put many “in subjection to the white Saxon man.” Thus, from the beginning, reproductive freedom and women’s rights were closely linked, and they were connected with anti-racism and other social justice movements. Continue reading

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

Bros and Cons: A Glimpse into a Dystopic Present

Must admit, upon first viewing the Saturday Night Live sketch about The Handmaid’s Tale, I found it appalling. OK, so I’m old, but I can’t believe how those guys got it on so easily with women. Sounds like one big party, with “epic blowouts” where people of both sexes hung out and had fun together naturally. In my time, you really had to work at meeting women, making the rounds of smoke-filled flesh palaces or joining some social club to feign shared interest, only to be shot down most of the time.

But what really got me was the utter cluelessness and insensitivity of the guys toward a member of the “girl squad” who just had her eye cut out for not playing by the rules. In their world of the not-too-distant American future — a dystopian society based on religion — women have lost all rights, including control of their own bodies, existing only to be impregnated like cattle by their owner-husbands. The hard-partying boys feign concern, offering lame suggestions and offers to help. But you know they won’t, for they don’t see a problem. Instead, they blame the woman, asking why she doesn’t just leave the guy if he’s so cruel to her, completely ignoring the fact that she can’t.

Thankfully, The Handmaids Tale is pure fantasy. It could never happen here. America is nothing like that. Unlike in Margaret Atwood’s book, women today hold down jobs and spend their own money. They can marry or not marry whomever they choose and have complete control of their bodies. Religion doesn’t tell us what to do. And don’t forget, women can vote now. Continue reading

Roe v. Wade: Repercussions on the Movement for Reproductive Rights

Many would be surprised to learn that a reproductive-rights champion like Ruth Bader Ginsburg would criticize the Roe v. Wade decision.

Even an abortion rights champion like Ruth Bader Ginsburg has criticisms of the Roe v. Wade decision.

On January 22, 1973 — 42 years ago today — the Supreme Court decided Roe v. Wade, wherein a Texas woman sought an abortion, but existing legislation in Texas prevented her from doing so. The Supreme Court ruled 7 to 2 that it was unconstitutional for states to interfere in the process of a physician providing a first-trimester abortion. Before the ruling, it was illegal for physicians to perform an abortion in 30 states. In the remaining 20 states, it was illegal for physicians to perform abortion unless it was deemed medically necessary.

Women, their autonomy, and their right to decide their future were not given as reasons why Roe v. Wade was decided the way that it was. Justice Harry Blackmun wrote for the Supreme Court, stating that the case was a right to privacy issue that was protected under the Due Process Clause of the 14th Amendment. Before his death in 1999, Justice Blackmun stated outright that Roe v. Wade was not about women’s rights. Ronald Rotunda, law professor at Chapman University, recalls a 1994 conversation with Justice Blackmun where he explicitly spelled out the ruling’s intentions: “Roe ‘protected the woman’s right, with the physician, to get an abortion.’” Rotunda made clear that “Blackmun emphasized the italicized phrase with his voice.  He spoke of the case as a doctor’s rights case, not a woman’s right case.”


Some reproductive rights supporters think Roe v. Wade faltered in not explicitly prioritizing women’s rights to control their own bodies.


Each January, reproductive justice advocates celebrate the Roe v. Wade decision because it is absolutely essential that a woman is able to obtain an abortion if that is what she decides — because she, and she alone, should decide her future and fate. However, as interpreted by the Supreme Court, Roe v. Wade was never about women’s rights. Numerous legal scholars in favor of reproductive rights have taken issue with how Roe v. Wade was handled. Their criticisms are largely that: (1) the Supreme Court went beyond its role of judicial power and into that of legislative power by making abortion legal in all 50 states, and (2) the Supreme Court failed to make the decision about a woman’s right to choose her own future. Below is only a brief cross-section of these criticisms. Continue reading