Reproductive Rights Blog

ECP Offered to Some Rape Victims

(via feministe)

In six Catholic hospitals in Colorado, a rape victim must undergo an ovulation test before the doctor will consider giving her emergency contraception. If she has ovulated (and might be pregnant) the doctor won't give her the option. If she hasn't ovulated then they'll tell her about ECP.

There are some major legal issues here, which I don't know enough about to flesh out. I'm thinking: standard of care (even under the strict locality rule) and informed consent. Someone on feministe suggested some discrimination. Any brilliant legal minds want to comment?

Ohio's Anti-Abortion Bill

HB 228 (pdf) was introduced into the Ohio House yesterday (Thursday April 28). According to Planned Parenthood of Ohio, the bill would "make it illegal to perform any abortion in Ohio increase the penalties for the offenses of unlawful abortion, unlawful distribution of an abortion-inducing drug, and abortion trafficking, enact the offense of facilitating an abortion, place felony penalties on an individual who attempts to coordinate an abortion for a minor, and make it a felony to transport a woman across state lines to obtain an abortion." NARAL Ohio has some informtion on it.

National Day to Prevent Teen Pregnancy (PSA)

The US has one of the highest teen pregnancy rates in the United States, although sexual activity among teens in the US is not different from those in other countries. May 4th is National Day to Prevent Teen Pregnancy.

If you're having sex, and you don't want to have babies, use birth control (including condoms), use abstinence, use whatever works. Even if you're not a teen. (Condoms help prevent the spread of HIV and many other STIs, but not all STIs; hormonal forms of birth control do not protect against any STIs.)

If you're having sex, or thinking about having sex, talk to your gynecologist. Go see a gynecologist. Talk to your school nurse, talk to your mom, your sister, your cousin, your best friend's mom. Do what you need to do to take care of yourself, including thinking about your decision to have sex in the first place.

Britian Allows IVF as a cure for siblings

The British court ruled that IVF can be used to create a child that can help cure sick children.

The back story can be seen here. The son has a blood disorder that requires a transplant. The couple wants to take umbilical stem cells to transplant into their son.

The decision can be found on the House of Lords site; the judgment rests on the meaning of "suitability" as it applies to embryos, interpreting the language broadly. It's long, and I have finals, so I'm not reading the whole thing. Feel free...

Minors Crossing State Lines for Abortions

Each state has its own laws regarding abortion, within federal Constitutional limits (undue burden, judicial bypass, etc). Many people have argued that Roe v. Wade should be overturned, and the states should decide their own abortion laws, without those limits.

And yet. The House has passed a bill that basically imposes state laws on people out of state. So if someone has access to transportation and can get across state lines to have an abortion in a state that does not require parental consent (don't forget about that judicial bypass option, as hard as it may be), that's no longer allowed under this Bill.

The bill also imposes a 24 hour waiting period on anyone going to another state, even if with parents. So I get that the fed can regulate this - interstate commerce, etc. But I'm just a little confused about if abortion is to be a state's rights issue, or a federal issue.

H.R. 748 is called the Child Interstate Abortion Notification Act. It includes language making it illegal to take a minor across state lines to have an abortion if her home state requires parental consent.

(via informed public)

Commentary from Center for Reproductive Rights, Feminist Majority Foundation.

On a similar topic, the state of FL has blocked the abortion of a teen in its custody.

"The state agency argued the 13 1/2-week pregnant girl -- described as L.G. in court documents -- is too young and immature to make an informed medical decision, according to the ACLU appeal. " And then no action was taken. Um, can we move on this?

Why would they want to force a teenager to have a child if she thinks she doesn't want it? I mean, even if she's not mature enough to make the decision, how is she possibly mature enough to have a baby? Apparently, however, "state law prohibits the department from consenting to an abortion for a minor in any instance." I want to find this law, and how it's possibly upheld. If a minor needs parental consent, and the state agency is standing in loco parentis, and the state can't consent to a minor having an abortion, and a minor who tries to get permission from the court can't, well, then what the hell is she supposed to do?

Illegal Abortion in Kenya

The article opens with a graphic story of a woman who gave herself an abortion, shredded her uterus, and died. 

The statistics: "The picture is amplified across sub-Saharan Africa where 30,000 women die each year from unsafe abortions, and millions more suffer life-long problems."

Strict laws and the Catholic Church's influence are thought to be contributing factors, not to mention male leadership who don't pay attention to women's rights.

And, related to something I'm working on, a gynecologist said, "We cannot impose our morality on other people," Kiarie said. "What we are basically saying is that let these women die, they deserve it."

Update on OH

Kara Joseph, in Rep. Brinkman's office has confirmed that the anti-abortion legislation will be introduced later this week or next week. The language, or a draft, is not available to the public. I will let you know anything about this as soon as I do.

Philosophizing

Okay, a departure from my usual links. You get my opinions. My thoughts.

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John Stuart Mill wrote, in his Essay on Liberty, that the only reason the majority could impose it’s will on the minority was for the majority’s protection. He wrote, specifically, that a person’s “own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinions of others, to do so would be wise, or even right.”

And this strikes me as particularly relevant to not only the abortion debate, but to a number of issues we try to moralize. My morals, your morals, the moral majority. De Tocqueville warned of this tyranny of the majority.

This is why we have checks and balances; an independent judiciary. These safeguards are necessary in order to maintain the minority’s right to practice their beliefs, as long as they do not infringe on anyone else’s rights.

With respect to abortion, specifically, the US courts have repeatedly taken the stance that a fetus is not a person (although a number of federal statues seem to chip away at this definition). Until a fetus is a person, there is no justification for restriction under these theories. Viability is our jurisprudence threshold of an almost-personhood, where the state’s interest in life outweigh a woman’s liberty interests; it is never specifically the life of the fetus we protect, it is the State’s interest in the fetus’ life.

Anyway, this is slightly off-topic for me, but something I’ve been mulling over for a bit. Clearly, my thoughts are not complete on this topic, but it’s something I’m going to let marinate this summer.

Do You Trust Women?

Fabulous post on Bitch, Ph.D. regarding trusting women to make their own choices...I can't even excerpt, because the whole thing is worthwhile. Go read it.

Sponge is Back on the Market

That's right, the Today Sponge is back. The sponge, spermicides and condoms are really the only Over-The-Counter birth control methods available.

Speaking of OTC, Canada approved OTC status for Plan B, making it the 34th country to do so.

We, in the US, are far far behind. I thought the "W" stood for women?