The Return Of Back-Alley Abortions
Underground abortions have returned to the United States, just as pro-choice activists have warned for years. And women have started going to jail for the crime of ending their own pregnancies, or trying to.
This week Jennie L. McCormack, a 32-year-old mother of three from eastern Idaho, was arrested for self-inducing an abortion. According to the Associated Press, McCormack couldn’t afford a legal procedure, and so took pills that her sister had ordered online. For some reason, she kept the fetus, which police found after they were called by a disapproving acquaintance. She now faces up to five years in prison, as well as a $5,000 fine.
Idaho recently banned abortions after 20 weeks, and McCormack’s fetus was reportedly between five and six months old. But according to Alexa Kolbi-Molinas, a staff attorney for the ACLU’s Reproductive Freedom Project, under Idaho law, McCormack could have been arrested even if she’d been in her first trimester because self-induced abortion is illegal in all circumstances. “It doesn’t matter if it’s an 8- or 10- or 12-week abortion,” says Kolbi-Molinas. “If you do what you could get lawfully in a doctor’s office—what you have a constitutional right to access in a doctor’s office—they can throw you in jail and make you a convicted felon.”
While horrific, McCormack’s case is not unique. In recent years, several women have been arrested on suspicion of causing their own abortions, or attempting to. Most have come from conservative rural states with few clinics and numerous restrictions on abortion. In America’s urban centers and liberal enclaves, the idea of women being prosecuted for taking desperate measures to end their pregnancies might seem inconceivable, a never-again remnant of the era before Roe v. Wade. In fact, it’s a slowly encroaching reality.
Even more, these cases demonstrate that criminalizing abortion means turning women who have abortions into criminals.
In 2005, Gabriela Flores, a 22-year-old Mexican migrant worker, was arrested in South Carolina. Like McCormack, she had three children and said she couldn’t afford a fourth, and so she turned to clandestinely acquired pills. (The drug she took, Misoprostol, is an ulcer medicine that also works as an abortifacient and is widely used in Latin American countries where abortion is illegal.) Initially facing two years in prison, she ended up being sentenced to 90 days.
In 2009, a 17-year-old Utah girl known in court filings as J.M.S. found herself pregnant by an older man who is now facing charges of using her in child pornography. J.M.S. lived in house without electricity or running water in a remote part of the state, several hours’ drive from the nearest clinic, which was in Salt Lake City. Getting there would have required not just a car—her area had no public transportation—but money for a hotel in order to comply with Utah’s 24-hour-waiting period, as well as for the cost of the abortion itself.
According to prosecutors, when J.M.S. was in her third trimester, she paid a man $150 to beat her in the hopes of inducing a miscarriage. The fetus survived, but she was charged with criminal solicitation to commit murder. When her case was thrown out on the grounds that her actions weren’t illegal under the state’s definition of abortion, legislators changed the law so they would be able to punish women like her in the future.
Meanwhile, prosecutors have appealed J.M.S.’ case to the Supreme Court, and observers expect it to rule against her. She could still face a trial and prison time.
A woman doesn’t even have to be trying to abort to find herself under arrest. Last year, a pregnant 22-year-old in Iowa named Christine Taylor ended up in the hospital after falling down a flight of stairs. A mother of two, she told a nurse she’d tripped after an upsetting phone conversation with her estranged husband. Though she’d gone to the hospital to make sure her fetus was OK, she confessed that she’d been ambivalent about the pregnancy and unsure whether she was ready to become a single mother of three.
Suspecting Taylor had hurled herself down the stairs on purpose, the nurse called a doctor, and at some point the police were brought in. Taylor was arrested on charges of attempted feticide. She spent two days in jail before the charges were dropped because she was in her second trimester, and Iowa’s feticide laws don’t kick in until the third.
These cases are a harbinger of what’s to come as abortion laws become increasingly strict and abortion clinics harder to access in the more conservative parts of the country. They demonstrate the lengths to which women will go to end unwanted pregnancies. But even more, they demonstrate that criminalizing abortion means turning women who have abortions into criminals.
The antiabortion movement likes to see itself as pro-woman. Most of its spokespeople talk about protecting women from abortion, insisting they’re not interested in seeing them punished. “It’s tragic that this young woman felt that this was her only way out,” National Right to Life President Carol Tobias said in a statement in response to questions about the McCormack case. “The pro-life movement has never supported jail sentences for women who are victims of the abortion culture and abortion industry.”
Tobias said her group calls on Idaho officials “to engage in more publicity about the network of pregnancy resource centers and about the existence of Idaho’s safe haven law—either of which would have helped this young mother and saved her child.” But she didn’t call on them to release McCormack or to change the laws under which she’s being charged. If these sorts of prosecutions aren’t what the antiabortion movement had in mind when it pushed wave after wave of state-level legislation, now might be a good time to speak up.
By: Michelle Goldberg, Contributing Writer, The Daily Beast, June 3, 2011
United Nations Sharply Critical Of U.S. On Women’s Rights
The United Nations Rapporteur on violence against women, its causes and consequences, has issued a very critical report of the U.S. on its policies on women’s rights. The report is based on a trip of the Special Rapporteur to the US from 24 January to 7 February 2011. During that trip, Ms. Rashida Manjoo broadly examined issues of violence against women in different settings. Her recommendations should provide fruitful material for the U.S. to improve its policies towards women.
As indicated in the report, “Violence against women occurs along a continuum in which the various forms of violence are often both causes and consequences of violence.” Domestic violence or Intimate Partner Violence (IPV) is one of the most critical expressions of violence. According to the National Crime Victimization Survey (NCVS) 552,000 violent crimes by an intimate partner were committed against women in the U.S. in 2008.
Their husbands or intimate acquaintances are responsible for the majority of crimes against women. The Violence Policy Center states that the number of women shot and killed by their husbands or intimate acquaintances was four times higher than the total number of women murdered by male strangers using all weapons combined, according to an analysis of 2008 data.
Rape and sexual assault continue to be prevalent forms of violence against women in the country. According to the NCVS, 182,000 women were raped or sexually assaulted in the U.S. in 2008, i.e. approximately 500 women per day. In addition, there were 3.4 million persons who were victims of stalking, most of them women. 1 in 12 women and 1 in 45 men have been stalked in their lifetime in the U.S.
According to the U.S. Centers for Disease Control and Prevention statistics, the cost of intimate partner violence exceeds $5.8 billion each year. $4.1 billion of that amount is for direct medical and mental health services. Intimate partner violence incidents result in more than 18.5 million mental health care visits each year.
Children are also victims of violence carried out against their mothers. It has been shown that 30% to 60% of perpetrators of intimate partner violence also abuse children in the household. Witnessing violence between one’s parents or caretakers is the strongest risk factor for transmitting violent behavior among generations. In that regard, it has been shown that boys who witness domestic violence are twice as likely to abuse their own partners and children when they become adults.
Domestic violence offenses are one of the most chronically underreported crimes. It is estimated that only approximately one-quarter of all physical assaults, one-fifth of all rapes, and one-half of all stalkings carried out against females by intimate partners are reported to the police.
There are several reasons for these crimes not being reported. Among those reasons are: fear of retaliation from their abuser, the perception that the police will not respond adequately to the complaint or the belief that these are issues that should be privately addressed. According to a 2009 Department of Justice report, only 56% of intimate partner violence cases filed with the courts resulted in a conviction.
Women victims of domestic violence suffer a wide array of negative consequences, aside from the physical and psychological. Women victims of domestic violence face serious consequences in terms of economic instability, loss of employment and homelessness. In addition, violence against women is frequently seen among women in the military, women in detention, and among immigrant and undocumented women.
The extent of the phenomenon has made that violence against women is now recognized as an issue that belongs not only to the private sphere but that requires State intervention. According to the U.N. Rapporteur, the U.S. Government has taken positive legislative and policy initiatives to reduce the prevalence of violence against women.
Among those steps is the enactment and subsequent reauthorizations of the Violence against Women Act, as well as the establishment of dedicated offices on violence against women at the highest levels of government. However, according to the UN Rapporteur, more U.S. government actions are needed to curb a phenomenon that continues to cause tremendous harm to women’s health and quality of life.
By: Cesar Chelala, MD, PhD, CommonDreams.org, June 4, 2011
The Continuing Fight Against Women: House Passes Amendment To Defund Medical Schools That Teach Abortion
Not content to defund health care for women, the Republicans in Congress, who just can’t stop obsessing about abortion, have now passed yet another bill, brought to us by the lovely Rep. Virginia Foxxxxxxxxx, to prohibit government funding of abortion. Only this one also bans medical programs that receive government dollars from even teaching students how to perform abortions. Because taxpayers shouldn’t have their hard-earned dollars spent on training doctors to provide health care to women.
And, in case we didn’t get the message the first gazillion times Republicans mentioned it, the amendment re-reiterates that taxpayer dollars should not be used to fund abortions. Which they aren’t.
But despite the endless parade of bills to make it really, really, really clear that taxpayers should not pay for abortions, Rep. Foxxxxxxxxxx still wanted to make it “crystal clear.” In case the bill they passed three weeks ago didn’t quite get the message across.
The measure is an amendment to H.R. 1216, the Republicans’ latest never-gonna-happen attempt to repeal the Affordable Care Act. Because nothing creates jobs like passing ideologically-driven symbolic measures to appease teabaggers and woman-haters everywhere.
Next up: a bill to ensure that taxpayer dollars are not used to repair roads that lead to medical schools that teach doctors how to perform abortions, and to re-re-reiterate that taxpayer dollars should not be spent on abortions. And then I’m sure they’ll get around to that jobs, jobs, jobs thing.
By: Kaili Joy Gray, Daily Kos, May 25, 2011
The Golden Age Of Motherhood That Never Existed
One of the most enduring myths about feminism is that 50 years ago women who stayed home full time with their children enjoyed higher social status and more satisfying lives than they do today. All this changed, the story goes, when Betty Friedan published her 1963 best seller, “The Feminine Mystique,” which denigrated stay-at-home mothers. Ever since, their standing in society has steadily diminished.
That myth — repeated in Suzanne Venker and Phyllis Schlafly’s new book, “The Flipside of Feminism” — reflects a misreading of American history. There was indeed a time when full-time mothers were held in great esteem. But it was not the 1950s or early 1960s. It was 150 years ago. In the 19th century, women had even fewer rights than in the 1950s, but society at least put them on a pedestal, and popular culture was filled with paeans to their self-sacrifice and virtue.
When you compare the diaries and letters of 19th-century women with those of women in the 1950s and early 1960s, you can see the greater confidence of the earlier mothers about their value to society. Many felt they occupied a “nobler sphere” than men’s “bank-note” world.
The wife of the novelist Nathaniel Hawthorne, Sophia, told her mother that she did not share her concerns about improving the rights of women, because wives already exerted “a power which no king or conqueror can cope with.” Americans of the era believed in “the empire of the mother,” and grown sons were not embarrassed about rhapsodizing over their “darling mama,” carrying her picture with them to work or war.
In the early 20th century, under the influence of Freudianism, Americans began to view public avowals of “Mother Love” as unmanly and redefine what used to be called “uplifting encouragement” as nagging. By the 1940s, educators, psychiatrists and popular opinion-makers were assailing the idealization of mothers; in their view, women should stop seeing themselves as guardians of societal and familial morality and content themselves with being, in the self-deprecating words of so many 1960s homemakers, “just a housewife.”
Stay-at-home mothers were often portrayed as an even bigger menace to society than career women. In 1942, in his best-selling “Generation of Vipers,” Philip Wylie coined the term “momism” to describe what he claimed was an epidemic of mothers who kept their sons tied to their apron strings, boasted incessantly of their worth and demanded that politicians heed their moralizing.
Momism became seen as a threat to the moral fiber of America on a par with communism. In 1945, the psychiatrist Edward Strecher argued that the 2.5 million men rejected or discharged from the Army as unfit during World War II were the product of overly protective mothers.
In the same year, an information education officer in the Army Air Forces conjectured that the insidious dependency of the American man on “ ‘Mom’ and her pies” had “killed as many men as a thousand German machine guns.” According to the 1947 best seller “Modern Woman: The Lost Sex,” two-thirds of Americans were neurotic, most of them made so by their mothers.
Typical of the invective against homemakers in the 1950s and 1960s was a 1957 best seller, “The Crack in the Picture Window,” which described suburban America as a “matriarchal society,” with the average husband “a woman-bossed, inadequate, money-terrified neuter” and the average wife a “nagging slob.” Anti-mom rhetoric was so pervasive that even Friedan recycled some of this ideology in “The Feminine Mystique” — including the repellent and now-discredited notion that overly devoted mothers turned their sons into homosexuals.
For their part, stay-at-home mothers complained of constant exhaustion. According to the most reliable study of all data available in the 1960s, full-time homemakers spent 55 hours a week on domestic chores, much more than they do today. Women with young children averaged even longer workweeks than that, and almost every woman I’ve interviewed who raised children in that era recalled that she rarely got any help from her husband, even on weekends.
In the 1946 edition of his perennial best seller, “Baby and Child Care,” Dr. Benjamin Spock suggested that Dad might “occasionally” change a diaper, give the baby a bottle or even “make the formula on Sunday.” But a leading sociologist of the day warned that a helpful father might be suspected of “having a little too much fat on the inner thigh.”
Not surprisingly, these social norms led to widespread feelings of inadequacy and depression among stay-at-home mothers. “The female doesn’t really expect a lot from life,” a mother told pollsters from Gallup in a survey in 1962. “She’s here as someone’s keeper — her husband’s or her children’s.”
Study after study found that homemakers had lower self-esteem than women who took paid employment, even when it came to assessing their skills as parents. They experienced higher levels of stress and greater vulnerability to depression than women with paying jobs. And they had few legal rights: wives had little protection against abusive husbands, and only eight states in 1963 gave a homemaker any claim on her husband’s earnings.
Contrary to myth, “The Feminine Mystique” and feminism did not represent the beginning of the decline of the stay-at-home mother, but a turning point that led to much stronger legal rights and “working conditions” for her.
Domestic violence rates have fallen sharply for all wives, employed or not. As late as 1980, approximately 30 percent of wives said their husbands did no housework at all. By 2000, only 16 percent of wives made that statement and almost one-third said their husbands did half of all housework, child care or both.
Most researchers agree that these changes were spurred by the entry of wives and mothers into the work force. But full-time homemakers have especially benefited from them.
From 1975 to 1998 men married to full-time homemakers increased their contributions to housework as much, proportionally, as men whose wives were employed. And from 1965 to 1995, homemakers decreased their own housework hours more than did wives in dual-earner families. As a result, most stay-at-home mothers now have shorter total workweeks than their husbands.
There also seems to have been a significant shift in the relationship between depression and homemaking. Stay-at-home mothers still recount more feelings of loneliness than working mothers. But in a new Council on Contemporary Families briefing paper, the sociologists Margaret Usdansky and Rachel A. Gordon report that among mothers of young children, those who were not working and preferred not to have a job had a relatively low risk of depression — about as low as mothers who chose to work and were able to attain high-quality jobs.
Mothers who want to work outside the home but instead are full-time homemakers, however, have a higher risk of depression. This is a significant group: in 2000, 40 percent of full-time homemakers said they would prefer to be working at a paid job. So telling women who want to work that they or their children will be better off if they stay home is a mistake. Maternal depression is well known as being harmful to children’s development.
These findings suggest that it is time to stop arguing over who has things worse or who does things better, stay-at-home mothers or employed mothers. Instead, we should pay attention to women’s preferences and options.
Feminism has also fostered increased respect for men’s ability and desire to be involved parents. So we should also pay attention to expanding men’s ability to choose greater involvement in family life, just as we have expanded women’s ability to choose greater involvement in meaningful work.
While stay-at-home mothers may not have the aura of saintliness with which they were endowed in the 19th century, it’s indisputable that their status and lives have improved since their supposed heyday in the 1950s. On this Mother’s Day, it’s too bad that nostalgia for a golden age of motherhood that never existed still clouds our thinking about what’s best for mothers, fathers and their children.
By: Stephanie Coontz, Op-Ed Contributor, The New York Times, May 7, 2011
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