Women's rights

  • April 26, 2012

    by Jeremy Leaming

    In 1994 federal lawmakers on both sides of the aisle banded together to advance legislation aimed at tackling the prevalence of domestic and sexual violence. It was and remains a noble goal. Indeed it represented one of the more communitarian pieces of legislation of the time. The nation it seemed, even if fleeting, to be concerned about bettering the quality of lives of some of the nation’s most vulnerable, as opposed to catering solely to the nation’s wealthiest and most powerful.

    Today reauthorization of the bipartisan Violence Against Women Act (VAWA), as noted on this blog, is mired in mindless obstructionism. The reauthorization measure was approved by the Senate Judiciary Committee in February, and finally passed the Senate today on a 68-31 vote. But House Republicans are itching to keep obstructionism alive, promising their own reauthorization measure.

    Though the Justice Department has reported a decline in domestic violence, a 2011 National Census of Domestic Violence Services revealed that more than 67,000 victims of domestic violence received federal help in a single day.

    Moreover since enactment of the VAWA it has become apparent that services need to be extended, such as free legal services to victims, authority for Native American officials to respond to abuse of Indian women by those not covered by Indian jurisdiction, more help to undocumented people who are victims of domestic violence, and to gay, lesbian, bisexual and transgender victims of domestic violence.  

    It is this effort to help more people that spurred opposition. Sen. Charles Grassley (R-Iowa) complained about the reauthorization measure’s additional services. Sen. Jeff Sessions (R-Ala.) said the bill’s efforts to expand the reach of domestic violence programs were meant to “invite opposition.”

    Right-wing lobbying groups have also ramped up opposition to reauthorization. The Family Research Council’s Tony Perkins said the VAWA reauthorization bill “does real violence to the budget and individual freedom.

    Sen. Mike Lee (R-Utah), a Tea Party favorite, took to the Senate floor to declare that he was not voting against helping victims of domestic violence. He said he was voting against “big government and inefficient spending ….”

    Sen. Patrick Leahy, who introduced the reauthorization measure with Michael Crapo (R-Idaho), lauded today’s Senate vote, and said he hoped the House “will soon consider this legislation ….”

    But The Associated Press reported recently that a group of Republicans in the House is working to create a different reauthorization bill. It would likely strip the Senate’s efforts to help undocumented immigrants, Native Americans, and gays, lesbians and transgenders.

    During the Senate’s drawn-out effort to reauthorize the VAWA, Sen. Dianne Feinstein (D-Calif.) told The New York Times that the Republican opposition “is part of a larger effort, candidly, to cut back on the rights and services to women. We’ve seen it go from discussions on Roe v. Wade, to partial birth abortion, to contraception, to preventive services from women. This seems to be one more thing.”

  • March 23, 2012

    by Jeremy Leaming

    As the Obama administration and supporters of its landmark health care reform law take note of the law’s anniversary – enacted two years ago today – Timothy Egan takes a look at the state lawmakers opposing the law who have found some health care regulation they can support.

    Earlier this week this blog noted Idaho’s efforts to join a slew of other states that have enacted laws requiring women to undergo invasive ultrasounds and hear government propaganda before obtaining abortions. During the state senate’s consideration of the bill Sen. Chuck Winder in responding to the fact that the legislation did not contain exceptions for victims of rape or incest suggested that women have difficult determining when they’ve been raped.

    “I would hope that when a woman goes in to a physician with a rape issue,” Winder said, “that physician will indeed ask her about perhaps her marriage, was the pregnancy caused by normal relations in a marriage or was it truly cause by rape.”

    In a piece called “The Church Lady State,” for The New York Times Egan takes right-wing policy makers to task for their efforts to micromanage sex lives of Americans. He notes the Tea Party grumblings over Obama’s Affordable Care Act and other regulations, such as those promoting energy conservation, and says none compare to what “your freedom-hating Republican Party has been doing across the land to restrict individual liberty.”

    Egan continues:

    They want the state to follow you into the bedroom, the bathroom and beyond. They think you’re too stupid to know what to do with your own body, too ignorant to understand what your doctors tell you and too lazy to be trusted in a job without being subject to random drug testing. Your body is the government’s business.

    The “church lady state,” or Idaho, however, is on the verge of enacting an even more stringent ultrasound law than those passed in Virginia or Texas, he notes. It “would subject many women to invasive, trans-vaginal inspections.”

  • March 21, 2012

    by Jeremy Leaming

    Some snarky pundits, typically those on the Right, might give short-shrift to the ‘war against women,’ but for those grappling with reality, it’s not a mere talking point.

    Beyond the Right’s obsession with micromanaging women’s health care concerns, there is the disconcerting attempt, as this blog has already noted, to scuttle or seriously slow the reauthorization of the Violence Against Women Act. The Senate Judiciary Committee approved the reauthorization legislation in February, but some Senate Republicans, such as Iowa Sen. Charles Grassley have groused that the reauthorization is troubling because it seeks to provide help to even more women, the LGBT community and immigrants. The New York Times editorial board blasted Republican opposition to the measure as “driven largely by an antigay, anti-immigrant, agenda.”

    Tony Perkins, head of the shrill, frequently over-the-top Religious Right outfit the Family Research Council, has blasted discussion of the reauthorization of the VAWA as “cheap” political maneuvering. Instead the reauthorization measure is seriously flawed, and “does real violence to the budget and individual freedom.” He then cites veteran right-winger Phyllis Schafly who says the VAWA is really like a “slush fund for the feminist lobby.”

    Despite the measure’s unfortunate opposition, by fringe characters like Perkins, and sadly even the likes of Grassley, Sen. Judiciary Chairman Patrick Leahy (pictured) announced recently that the reauthorization measure now has 60 sponsors – Sen. Dean Heller, a Nevada Republican.

    “I am grateful that Senator Heller has joined as a cosponsor of this important bill,” Leahy said in a press statement. “Every victim of violence deserves to access the resources available through the VAWA. Congress should act, without delay, to approve this commonsense legislation.”

  • March 20, 2012

    by Jeremy Leaming

    Lawmakers bent on undermining the rights of women are not of course confined to the nation’s capital. They just happen to draw plenty of attention, especially when they attempt to scuttle health care policy intended to protect the health of women or decide to slow expansion of the Violence Against Women Act, a law that has been reauthorized, with bipartisan support, twice since its passage in 1994.

    But over the past two years numerous state lawmakers have garnered increasing notice for their strident efforts to make it nearly impossible for women to obtain abortions. Louise Melling, director of the ACLU’s Center for Liberty, noted last year that the states were on a disconcerting roll of attacking reproductive rights. In the process, Melling said the states were stigmatizing women, by essentially saying they are incapable of making decisions on abortions. These state efforts say “women can’t make these decisions, we’re not … trusted decision-makers, and we need assistance as we make this decision,” Melling told ACSblog.

    Reporting for The Huffington Post, Laura Bassett notes that Idaho’s attempt to force women to undergo an ultrasound and hear anti-abortion propaganda from the state before choosing to have an abortion included a ridiculously offensive comment from state Sen. Chuck Winder.

    Before the Senate passed the bill, some opponents noted it failed to provide an “exception for rape victims, incest victims or women in medical emergencies,” Bassett wrote.

    Winder responded to the concern by suggesting that women may not know when they’ve been raped.

    “Rape and incest was used as a reason to oppose this,” he said. “I would hope that when a woman goes in to a physician with a rape issue, that physician will indeed ask her about perhaps her marriage, was the pregnancy caused by normal relations in a marriage or was it truly caused by rape. I assume that’s part of the counseling that goes on.”

    Bassett notes that if Idaho’s bill becomes law, victims of rape or incest seeking an abortion will be steered to centers that aim “to dissuade women from having an abortion.”

    Idaho is among the slew of states that have joined with national lawmakers in an increasingly aggressive attack on women’s rights. Blog for choice provides more information on the “serious nationwide outbreak of politicians who are practicing medicine without a license.”

    What is likely not surprising is that many of the right-wing politicians peddling destructive health care policy for women, are also in the camp of decrying the landmark health care reform law, the Affordable Care Act (ACA), as a heavy-handed attempt by the federal government to regulate the health care industry.

    Former U.S. Solicitor General Walter Dellinger (pictured), at last year’s ACS National Convention, lambasted the argument that the ACA was a grave threat to liberty.

  • March 20, 2012
    Guest Post

    By Leslie Griffin, Larry & Joanne Doherty Chair in Legal Ethics at the University of Houston Law Center


    Before the Second Vatican Council (1962-1965), the Catholic Church condemned the separation of church and state and taught that only Catholics had the right to public worship and religious liberty. In a series of nuanced essays written from 1940-1965, the New York Jesuit Catholic priest John Courtney Murray developed a historical argument that the prohibition on separation was not a timeless, universal norm, but was best understood as a response to the anticlerical liberalism of modern Europe. Hence, Murray concluded, American Catholics could favor the separation of church and state even though Rome (mistakenly) opposed it. Senator John F. Kennedy consulted Murray as he prepared his famous 1960 campaign address to Houston Baptist ministers pledging his commitment to the separation of church and state. The speech set the stage for Kennedy’s election as the first Catholic president of the United States.

    The bishops of the Roman Catholic Church approved the Declaration on Religious Freedom, Dignitatis Humanae (DH), at the last session of the Council in December 1965. DH changed prior Catholic teaching by affirming that religious liberty is the right of every human person, not a right of Catholics only. Murray was the lead drafter of the declaration.

    Murray told reporter Robert Blair Kaiser in 1965 that the “resolution of the religious liberty issue had ‘transferential implications’ for those trying to work out the birth control question.” The “birth control question” asked if the church should revise its prohibition on artificial contraception. After extensive debate and reports from a papal commission, the church did not do so. Pope Paul VI instead reaffirmed the immorality of contraception in his 1968 papal encyclical Humanae Vitae (HV).

    HV is the intellectual source of the Catholic Church’s current battle with the Obama administration over the provision of contraceptive insurance to its Catholic and non-Catholic employees. The church teaches that contraception is morally wrong as a matter of natural law for all men and women, Catholic and non-Catholic, married and non-married, without regard to whether they choose to believe or accept the teachings of the Catholic Church.

    No one doubts that the bishops are sincere in their commitment to the anti-contraception moral principle. They are mistaken, however, to believe that the religious freedom protected by the U.S. Constitution entitles them to enforce their moral beliefs on others through force of law. Murray and Kennedy had a better sense of what the Constitution protects.