Category Archives: abortion

Federal judge upholds most of restrictive abortion law in Texas

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The biggest news in abortion access this week comes from Texas, where parts of one of the most restrictive abortion laws in the nation–part of the bill that the now legendary Wendy Davis filibustered against this summer–was blocked by a federal judge. This is good news for feminist activism, a social movement whose presence in Texas has been instrumental in bringing national attention to the restrictive laws in this state. However, it is important for supporters of abortion access to fully understand the content of this law and the ways in which this ruling is not fully a win.

U.S. District Judge Lee Yeakel’s decision blocked an aspect of the law which required  admitting privileges for all physicians who perform abortions.  The judgement seems to be based off the precedent made by the 1973 Roe vs. Wade decision, which upheld the constitutional right to abortion under the Fourteenth amendment’s right to privacy, and the 1992 Planned Parenthood vs. Casey decision, which established an undue burden clause, indicating that abortion restrictions which place an “undue burden” on those seeking abortion is unconstitutional.  Referencing today’s ruling in Texas, Judge Yeakel ruled that Texas’s law “places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus and is thus an undue burden to her [emphasis mine.]“

Despite the block against the restriction targeting admitting privileges, other extremely harmful aspects of the abortion law in Texas will go into affect over the next week. This include a ban on all abortions after 20 weeks, (even those performed to protect the life and health of the uterus-owner) as well as a provision stating that after October 2014, all abortions must take place in “surgical facilities”. Judge Yeakel also did not block a provision which requires that medication abortions be prescribed according to FDA protocol– a restriction that sounds “sensible,” but actually limits the ability for qualified physicians to do their jobs to the best of their abilities.

The Texas fight against abortion restriction is drawing national attention, and it is important for supporters of abortion access to realize this fight for what it is. This is the new battleground for abortion access– bills which seek to challenge PP v. Casey and the “undue burden” clause, bills which blatantly disregard the right to privacy established under Roe vs. Wade, and the growing constant need to push back against restrictive legislative measures rather than fighting forwards for economic justice, abortion funding, and healthcare for everyone.

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Planned Parenthood to Move Away from “Choice”

prochoiceRealizing that I identified with the “pro-choice” label was one of my very first “click” moments as a young feminist. From the Second Wave’s fight for legal abortion to our current struggle in the conservative war against reproductive healthcare, “pro-choice” has been one of feminism’s uniting slogans, one that we declare on bumper stickers, buttons, and protest signs. Just in time for next week’s fortieth anniversary of the Roe v. Wade decision, Planned Parenthood announced its plans to abandon the pro-choice label to make room for language that is more inclusive of the complexities of abortion. Below is a video from Planned Parenthood called “Not In Her Shoes” which details some of the reasoning behind the organization’s shift in language.

This move by Planned Parenthood is concerning in more than a few ways.

To begin, it is disappointing that Planned Parenthood used such cissexist language in this latest video. It is not hard to say that “people need abortions” rather than “women need abortions”. The video not only relies on female pronouns and identities for its cartoon patient–it also genders the politicians, congressmen, and presidents male. This blatantly erases that fact that there are women in positions of political power at all. And it ignores the fact that quite a few of the congressional representatives who continue to vote to limit access to abortion services are women. The fight for abortion access is not men against women, so why is Planned Parenthood representing it that way?

Okay, so you might say I am nitpicking. Let’s return to the larger issues represented by the “Not In Her Shoes” video. For many people seeking abortion in the US, “choice” is not really an option that can be exercised at will. Bills that limit state funding for abortion services for poor people, laws that keep underage teens from getting abortion without parental consent, and the mere fact that there is only one abortion clinic in the entire state of Mississippi is a very good reason to abandon the “pro-choice” label. Abortion access is not merely about having a legal choice anymore. To encompass this range of issues regarding access, affordability, and stigma, young feminists have been using the label “reproductive justice”.

It is understandable that Planned Parenthood, which continuously fights for its federal funding and its right to keep clinics running, is maybe a few steps behind the modern feminist movement. They are right to emphasize that “pro-choice” and “pro-life” labels seem to ignore certain complexities in the issue, and perhaps most importantly, they create a hostile environment between the two sides with no room for dialogue about the real issues that people face. But the announcement to abandon the “pro-choice” label still makes me wary, and here’s why:

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“It depends on the situation,” reported the majority of voters when asked their personal view on abortion. Planned Parenthood wants to interpret that as “abortion is complicated and should be left a private decision”. I interpret that as “sure abortion is sometimes necessary for rape or incest but some sluts use it as birth control and that is just wrong and we should stop them no abortion on demand!”. Let me emphasize that this survey asked for personal views on abortion. The people who said “it depends on the situation” were really saying: “to me, some people’s choice to have an abortion is morally acceptable and some people’s choice is morally unacceptable.”

The pro-choice label emphasizes the fact that having or not having an abortion is a personal choice. I fear that by abandoning that strong label, Planned Parenthood is allowing people to continue to believe it is up to them to decide when abortion should be “allowed”.

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