VIDEO: CBS on SD Abortion Ban as Polls in CA, CO and SD Trend Toward Preserving Women’s Rights

Scott Swenson

Polls show trends toward respecting individual rights of teens and women, but measures in California and South Dakota are statistically tied and will depend on who turns out. Colorado's "Egg as person" initiative is headed for overwhelming defeat.

A new Field Poll in California shows support is slipping for Amendment 4, requiring parental notification for teens to get abortions. Similarly, polling done in South Dakota shows voters trending toward rejecting that state’s proposed abortion ban, Initiated Measure 11. Both polls indicate the races are statistically tied but the trend lines are moving toward sustaining individual rights for teens and women to be able to make their own private health care decisions. Turnout will determine both races. Polling in Colorado shows Amendment 48, the "Egg as Person" ballot inititave failing miserably.

See all of Rewire’s coverage of these important sexual and reproductive health ballot initiatives.

The San Jose Mercury News discusses the Field Poll in California:

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The standing of
Proposition 4, meanwhile, which would require doctors to alert a girl’s
parents at least 48 hours before performing an abortion, also has
decreased in recent weeks.

An estimated 49 percent of voters in
September were inclined to vote yes, but the new poll, taken after the
no campaign launched massive advertising, shows support down to 45
percent.

According to HealthVote.org,
parental notification opponents as of last week had spent more than
$300,000 on TV advertising, while supporters had taken out only $7,000
in TV ads.

"It sounds like some of the exact wording of
Proposition 4 must be getting out to the general public," said Suzanne
Mendez, a pediatrician at Santa Clara Valley Medical Center who belongs
to a coalition of doctors who oppose the initiative because they fear
some girls would seek illegal abortions.

The yes campaign
stresses that the initiative allows for notification of an adult
relative if a girl fears abuse from her own parents. But the no
campaign notes that if a girl chooses to have another family member
notified, her doctor must report her abusive parents to the authorities.

CBS News reports on South Dakota’s Measure 11:
 


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Analysis Politics

New Hampshire Sen. Kelly Ayotte’s Record on Women’s Health at Center of Heated Race

Ally Boguhn

Sen. Kelly Ayotte's defenders have made claims about her commitment to "strengthening women's health" through action on various measures; reproductive rights advocates point out, however, that most of these measures would have done more harm than good.

The tight race between incumbent Sen. Kelly Ayotte (R-NH) and challenger Gov. Maggie Hassan (D) could help determine which party takes control of the U.S. Senate after the November elections. In recent months, a key point of contention has emerged among Ayotte’s supporters and critics: the senator’s record on reproductive rights and women’s health.

Planned Parenthood Votes released an ad in April claiming Ayotte is “bad for New Hampshire women,” signaling the continuation of the heated narrative in the lead-up to the election. Ayotte’s defenders have responded to the accusations with claims of her commitment to “strengthening women’s health” through action on various measures; reproductive rights advocates point out, however, that most of these measures would have done more harm than good.

“For months, Senator Kelly Ayotte has followed party bosses, refusing to fill the Supreme Court vacancy. And for years, Ayotte has waited for an opportunity to push for someone to end access to safe, legal abortion and overturn Roe v. Wade,” claims the Planned Parenthood Votes ad, before playing an August 2010 clip of Ayotte advocating for the Supreme Court to overturn Roe. “For New Hampshire women, the consequences of letting Kelly Ayotte play politics with the Constitution could last a lifetime.”

The $400,000 ad buy, slated to run on broadcast and cable in New Hampshire, has been Planned Parenthood Votes’ first on-air ad targeting a Senate race in the 2016 election cycle. The organization, a national independent expenditure political committee, is criticizing Ayotte for claiming to protect women but failing to protect reproductive rights, also drawing on her pledge to obstruct filling the vacant Supreme Court seat in the aftermath of Justice Antonin Scalia’s death.

“Kelly Ayotte may try to paint herself as pro-woman, but her record tells a very different story. Every chance she’s gotten she’s voted to ‘defund’ Planned Parenthood and cut women off from essential health care like birth control and breast and cervical cancer screenings,” said Deirdre Schifeling, executive director of Planned Parenthood Votes, in a statement on the organization’s new ad. “She has been advocating for years to ban women’s access to safe, legal abortion, and it’s clear she now sees her chance in the Supreme Court process. Kelly Ayotte is refusing to do her job, and abdicating her constitutional duty, in order to push an extreme agenda that no one in New Hampshire wants.”

Ayotte’s campaign manager, Jon Kohan, meanwhile, defended the senator’s record on women’s health and rights in a press release. He wrote, “Kelly’s long record of standing up for New Hampshire women and families is clear, and she cares deeply about ensuring all women have access to health services.” The release included a bulleted list providing examples of Ayotte’s work “strengthening women’s health care,” “supporting working women,” and “protecting domestic or sexual assault victims.”

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The claims may be familiar to those following the New Hampshire race. After Hassan announced her candidacy in October, for example, One Nation, an issue-advocacy organization that does not need to disclose where their funding comes from and is affiliated with Karl Rove’s American Crossroads super PAC, pushed a 17-day, $1.4 million ad campaign touting Ayotte’s record on women’s health.

Hassan, on the other hand, has the support of organizations such as EMILY’s List, whose stated mission is to help elect pro-choice women into office. After endorsing the governor in the Senate race, the group added Ayotte to its “On Notice” list for “voting for anti-woman legislation and standing in the way of policies that give working families a fair shot.”

But with both sides of the race simultaneously claiming opposing positions on whether Ayotte has been good for women and reproductive rights, what is the truth?

Ayotte has made no secret of her desire to defund Planned Parenthood, and she “has shown support for defunding the organization or opposition to continued funding in at least six votes,” according to PolitiFact, though some of those votes were procedural. Though she famously chided Sen. Ted Cruz (R-TX) for attempting to shut down the government over his crusade to strip the reproductive health provider of money in the wake of anti-choice front group Center for Medical Progress’ deceptively edited videos, it was because she didn’t view his methods as a winning strategy for accomplishing that goal—not because she didn’t believe in the cause.

In a letter to Cruz, Ayotte told the Republican presidential candidate that she too is “deeply disturbed by” CMP’s videos and doesn’t believe Planned Parenthood should have federal funding.”This callous disregard for the dignity of human life is heinous, and I do not believe taxpayer dollars should be used to fund a private organization that performs hundreds of thousands of abortions each year and harvests the body parts of unborn children,” wrote Ayotte. She went on to ask what Cruz’s “strategy to succeed in actually defunding Planned Parenthood” really was, given that their mutual efforts to redirect the organization’s funding to other clinics had failed.

Planned Parenthood does not use its federal funding to provide abortions; its fetal tissue donation program has been cleared of wrongdoing in multiple state and federal investigations. And despite claims from conservatives, including Ayotte, that other facilities could provide Planned Parenthood’s patients with health care should the organization lose funding, the Guttmacher Institute found that “credible evidence suggests this is unlikely. In some areas, Planned Parenthood is the sole safety-net provider of contraceptive care.”

“Our analysis shows unequivocally that Planned Parenthood plays a major role in delivering publicly supported contraceptive services and supplies to women who are in need of such care nationwide,” the Guttmacher Institute concluded.

Ayotte has also supported numerous other anti-choice restrictions and legislation, including a 2015 20-week abortion ban based on the medically unfounded claim that fetuses feel pain at this point in pregnancy.

According to NPR, Ayotte has “been a hero to anti-abortion activists since 2005, when as New Hampshire attorney general she defended a parental notification law all the way to the U.S. Supreme Court.” The law required doctors to notify parents of minors seeking an abortion at least 48 hours prior to the procedure, and contained no exceptions for the health of the patient. The Court ultimately ruled against Ayotte, affirming that states may not enact abortion laws that don’t protect women’s health and safety.

National Right to Life found that the New Hampshire senator voted “with” the anti-choice organization in all 14 of the scored votes from 2012 to 2015 it examined.

In 2012, Ayotte co-sponsored the failed “Blunt Amendment,” which would have allowed exemptions from the Affordable Care Act’s birth control benefit for any employers or insurers that had moral objections to providing contraceptive coverage to their employees. And in a 2014 commentary for the Wall Street Journal, Ayotte and Sen. Deb Fischer (R-NE) defended the Supreme Court’s ruling in Burwell v. Hobby Lobby, which grants some employers the right to deny contraceptive coverage to their staff based on the owner’s religious beliefs, falsely claiming that the ruling did “not take away women’s access to birth control.”

Ayotte’s campaign is quick to point to legislation sponsored by the senator that would have allowed over-the-counter contraception as proof that she cares about women’s health. Reproductive health advocates, however, called Ayotte’s Allowing Greater Access to Safe and Effective Contraception Act a “sham” when it was introduced in 2015. Though the American Congress of Obstetricians and Gynecologists (ACOG) generally supports over-the-counter birth control, the organization’s president Dr. Mark S. DeFrancesco, said in a statement that Ayotte’s measure “would actually make more women have to pay for their birth control, and for some women, the cost would be prohibitive.”

Paid leave is yet another issue in which Ayotte has put forth legislation in the name of helping women. Ayotte introduced the Family Friendly and Workplace Flexibility Act of 2015 in March of that year, claiming it would “allow greater flexibility for workers who are looking to better balance their work-life demands.” Analysis by ThinkProgress, however, found that the measure “could weaken already weak rules that require workers to be paid extra for working extra hours, thus ensuring that workweeks don’t grow out of control and employees are compensated fairly.”

Earlier in 2015, Ayotte signed on as a co-sponsor of the Working Families Flexibility Act. According to a statement from the National Partnership for Women and Families (NPWF) condemning the legislation, the act claimed to “give hourly workers more flexibility and time with their loved ones by allowing them to choose paid time off, rather than time-and-a-half wages, as compensation for working more than 40 hours in one week.” However, the bill did “not promote family friendly or flexible workplaces,” explained the nonprofit organization in a fact sheet. “Instead, it would erode hourly workers’ ability to make ends meet, plan for family time, and have predictability, stability, and true flexibility at work.”

Ayotte’s record on equal pay has been similarly debunked by advocates. One of the policies highlighted by Ayotte’s campaign in the wake of Planned Parenthood Votes’ ad was the senator’s introduction of the Gender Advancement In Pay (GAP) Act in September 2015, which she reintroduced ahead of Equal Pay Day this April. The measure was meant to make clear that “employers must pay men and women equal wages for equal work, without reducing the opportunity for employers to reward merit,” according to a press release from Ayotte’s office upon the initial release of the bill.

Critics argued that Ayotte’s bill was nothing other than an election-year stunt. New Hampshire state Sen. Donna Soucy (D-Manchester) told NH1 News that Ayotte’s move was an attempt to look “for some cover … in an effort to be more in line with” New Hampshire voters, after Ayotte voted against other fair pay measures. However, Soucy said, the legislation didn’t really address the issue of pay equity. “Sen. Ayotte’s bill attempts to create paycheck fairness but doesn’t in fact do so because employers could preclude their employees from discussing what they make with their fellow employees,” claimed Soucy.

Similar arguments were made when Ayotte co-sponsored another equal pay measure, the Workplace Advancement Act, with Sens. Deb Fischer (R-NE), Susan Collins (R-ME), Joni Ernst (R-IA), Thad Cochran (R-MS), and Shelley Moore Capito (R-WV) in April 2015. Though the legislation would ban employers from retaliating against their staff, it failed to garner support from Democrats. According to the National Women’s Law Center, the bill would have done “more harm than good” as it “entirely [ignored] the many loopholes and inadequacies in current equal pay laws and simply [stated] that pay discrimination ‘violates existing law.'”

Their arguments are bolstered by Ayotte’s repeated votes against the federal Paycheck Fairness Act, though as Politifact again pointed out, some of these votes were procedural and not against the bill itself. Ayotte did cast one vote in favor of ending debate on the measure and advancing it; the fact-checking site noted, though, that Ayotte’s office reportedly did so in the ultimately denied hopes of changing the bill.

Had it passed, the legislation would have updated the Equal Pay Act of 1963 to include protections such as prohibiting retaliation against employees who share their salary and strengthening penalties for those who violate the law. Ayotte claims she voted against the measure because it “could reduce the ability of employers to award merit pay for good performance and limit the opportunity for women to have flexible work schedules,” according to a press release on the matter.

Speaking at a town hall event in 2013, Ayotte had previously justified her vote against equal pay legislation by asserting that it “created a lot of additional burdens that would … make it more difficult for job creators to create jobs.” The New Hampshire senator went on to add that there were already laws in place that could help address the issue.

There are, however, some examples of Ayotte supporting and introducing legislation that would help women. In June 2015, Ayotte co-sponsored the Pregnant Workers Fairness Act to protect pregnant people from workplace discrimination. Though the legislation never came to a vote, it would have helped “end … discrimination and promote healthy pregnancies and the economic security of pregnant women and their families,” according to the NPWF. That same year, the New Hampshire senator co-sponsored the Protect Access to Lifesaving Screenings (PALS) Act, bipartisan legislation that would have safeguarded access to free annual mammograms for women ages 40 to 74. Ayotte co-sponsored the bipartisan Campus Accountability and Safety Act in 2014 and 2015, which, according to Democratic New York Sen. Kirsten Gillibrand’s website, would “protect students and boost accountability and transparency at colleges and universities” when it comes to sexual assault. Ayotte also co-sponsored the Combating Military Sexual Assault Act of 2013 to address the issue in the military.

Overall, Ayotte has signed onto or supported numerous pieces of legislation that at face value seem to promote reproductive health and women’s rights. Further examination shows, however, that—with a few exceptions—they largely failed to hold up to scrutiny. While Ayotte’s campaign alleges that many of her measures would have helped women and families, analysis suggests that her conservative solutions to addressing these issues often would have made the problems worse. This, coupled with the senator’s fierce anti-choice advocacy, will no doubt keep this portion of Ayotte’s record under tight observation as November’s election approaches.

Commentary Human Rights

12 Ways Young People Organized for Human Rights in 2014

Erin Matson

Contrary to a narrative that young people are apathetic or lazy or too busy texting to care about human rights, in fact young people are at the helm of the movement for justice for all people. I, for one, can't wait to see what they pull off in 2015.

It’s the end of the year, and thus the perfect time to reflect on the ways in which young people in 2014 led the charge for change in the human rights and justice movements.

1. Young people were at the forefront of racial justice activism in 2014. Throughout the history of this country, Black men have been killed at the hands of police officers, often while unarmed, in the name of “safety.” Safety for whom, we don’t know. But what made 2014 different was not the brutality of these murders. Nor was it the unwillingness of grand juries to indict in high-profile cases like the deaths of Michael Brown and Eric Garner at the hands of law enforcement. What made this year different was a grassroots movement, largely led by youth organizers, flooding the streets in Ferguson, conducting die-ins in New York City, shutting down intersections in Washington, D.C., blockading freeways in Oakland, and walking out of classrooms around the country. Young people of color continue to be active leaders and participants in this work to declare that Black lives matter and that police violence must end.

2. Malala Yousafzai became the youngest recipient of a Nobel Peace Prize. Yousafzai, a Pakistani advocate for women and girls and especially access to education, was at age 17 awarded a Nobel Peace Prize for her activism, making her the youngest recipient ever. She began campaigning for education for girls at age 11, and first drew international attention after Taliban fighters shot her in the head. This year Yousafzai traveled to Nigeria, issuing an appeal for increased funding for education after more than 200 girls were abducted from a school by Boko Haram terrorists. Yousafzai’s bravery and moral clarity serve as inspiration to young feminist activists around the world.

3. United We Dream and immigrant youth demanded that the president issue an executive order on immigration. After foot-dragging that extended past the November elections, President Obama made good on a promise to issue an executive order extending relief to undocumented immigrants. The order protects up to five million undocumented residents, and especially the parents of children who have citizenship, as well as the parents of DREAMers brought to the country as children. As with other controversial executive actionsnotably one in which the president refused to extend religious discrimination into an executive order barring employment discrimination on the basis of sexual orientation by federal contractors—Obama was compelled to act because a left flank used direct action to inject clear moral analysis into the debate. Leading that flank was United We Dream, an immigrant youth-led organization that, among other direct actions, led activists to get arrested outside the office of Sen. Harry Reid (D-NV). In July, activists from the group were escorted out of the Netroots Nation conference while interrupting a speech by Vice President Joe Biden with the chant “stop deporting our families”; after a pause, the vice president encouraged the audience to applaud them.

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4. With one mattress, Emma Sulkowicz turned campus sexual assault into a striking piece of performance art. Sulkowicz, a visual arts major at Columbia University, turned her rape on campus into an unavoidable activist conversation with a piece titled “Carry That Weight,” in which she carried a twin-size dorm mattress around campus to draw attention the fact that her rapist, a fellow student, had not been expelled. Her piece inspired a Carry That Weight Day of Action on more than 100 campuses, with thousands of students carrying mattresses to call for reforms to the way colleges address sexual assault.

5. Know Your IX kept leading a grassroots movement to demand accountability on campus sexual assault. There is no one better to organize against oppression and injustice than those most directly affected, and the growing organization Know Your IX—a reference to Title IX, under which educational institutions receiving federal funding must address sexual assault as a civil rights obligation—does just that. The survivor-led and student-driven group, founded last year, remained at the forefront of efforts to inform students who have been sexually assaulted of their rights and demand that the Department of Education improve its enforcement of the law. These efforts played a clear role in a new national dialogue about campus sexual assault and the unveiling of the It’s On Us campaign by the Obama administration in September.

6. Young people participated in and led abortion speak-outs. 2014 continued to be a challenging year for abortion rights in the legislatures; as of December 1, states had enacted 23 new restrictions on abortion access. However, advocates are actively working to create culture change around abortion and break stigma through storytelling. Young people were among the 100 individuals participating in the first-ever live-streamed abortion speak-out hosted by the 1 in 3 Campaign, which is run by Advocates for Youth. Abortion speak-outs also occurred during in-person events on college campuses, including the University of Michigan, the University of Central Michigan, and the University of Central Florida, where hundreds attended.

7. Emily Letts filmed and shared her abortion, demystifying the process. Letts, a counselor at Cherry Hill Women’s Center in New Jersey, filmed her abortion and shared the video online, an act that showed a common medical procedure as it truly is. “I could have taken the pill, but I wanted to do the one that women were most afraid of,” she told Cosmopolitan. “I wanted to show it wasn’t scary—and that there is such a thing as a positive abortion story.” The video has been watched more than a million times.

8. Alex, an 8-year-old-boy, rapped about coming out as transgender to his mom. The confluence of rampant discrimination and inadequate legal protections for transgender people hits youth particularly hard; more than half of transgender youth will attempt suicide by age 20. But in one short viral video released by Camp Aranu’tiq, a camp for transgender youth, an 8-year-old boy named Alex seized a difficult narrative and turned it into a source for hope. His rap details his positive story of coming out as transgender to his mom, and ends with a call that “We all deserve freedom, love, and respect!”

9. Pro-choice students at Catholic-affiliated universities fought back against restrictions on reproductive and sexual rights, and free speech. One of the primary faces of today’s pro-discrimination movement is the religiously affiliated university. Playing a prominent role among those are Catholic-affiliated colleges attempting to hold a line for the archconservative U.S. Conference of Catholic Bishops. In 2014, students and their allies at these institutions fought back. In Indiana, three Notre Dame students using the pseudonyms Jane Doe 1, Jane Doe 2, and Jane Doe 3 joined a brief opposing their university’s lawsuit against the birth control benefit. In the District of Columbia, students from the group H*yas for Choice were removed by campus police twice this year for tabling in peaceful protest of the Vatican’s stance on reproductive rights and LGBTQ rights; these efforts have led the group to grow in popularity and size.

10. A Florida youth council fought for access to comprehensive sexual education, and won. The Broward County Youth Council, a leadership group of ten high school, college, and graduate students, fought long and hard to have the Broward County school board adopt comprehensive sexual education standards, and that fight culminated in 2014 with a big win. Students in the county will now receive medically accurate, LGBTQ-inclusive sexual education. As local student Keyanna Suarez told CBS Miami after the vote, “There’s not gonna be a taboo about anything. Everyone’s gonna be able to open up, ask questions, and get the info they need to make these decisions because some parents aren’t giving them the education at home.” Broward County is the sixth largest public school system in the country.

11. Colorado high school students walked out of class to protest a proposal to downplay the role of protest in U.S. history. In September, hundreds of high school students in the Denver area walked out of their classrooms in protest of a proposal to focus history curricula on topics that promote respect for authority. “I don’t think my education should be censored,” Tori Leu, a student who protested at Ralston Valley High School told the Guardian. “We should be able to know what happened in our past.” One month later, the Jefferson County School Board passed a compromise proposal that essentially overruled the proposed change.

12. The Harry Potter Alliance tackled income inequality with creativity. The alliance, which engages Harry Potter fans, used the recent success of The Hunger Games to engage young people in income inequality activism. The Odds in Our Favor campaign uses the #MyHungerGames hashtag to encourage people to share their personal stories about class-based injustice. The organization has also compiled pictures of youth using the story’s three-finger salute to protest income inequality.

Baker’s dozen bonus: Rewire continued to foster and share the voices of young people on the important issues of sexual and reproductive rights, health, and justice. As a proud servant leader of the Rewire young writers program, I would be remiss not to mention the commitment of this publication to young people. It was on full display in 2014.

In July, Associate Editor Regina Mahone traveled to Detroit to attend the Youth Sexuality Media Forum; you can read her resulting report on how the media can better cover youth sexuality here. President and Editor in Chief Jodi Jacobson spoke to 19 young reproductive rights activists from around the world at a Youth Champions Initiative in Palo Alto, and Senior Legal Analyst Imani Gandy and Investigative Fellow Zoe Greenberg attended in-person as well; you can read Imani and Zoe’s fantastic conversation with four of the youth champions here.

The participants in our young writers program receive mentoring, intensive coaching, and editorial support beyond the bounds of what traditional freelance writers receive, and publish pieces on Rewire at a competitive rate. What follows is just a small sample of what those participants published this year. Emily Spangler, a high school student in Illinois, wrote about how other young women can get involved in politics; Marcus Lee, a student at Morehouse College, discussed ways men can embrace a culture of consent; Erin McKelle, a student at Ohio University, took a look at the consequences of young people not voting; Lizzie Fierro, a high school student in Texas, spelled out how we can combat sexism in science, technology, engineering, and mathematics (STEM) subjects; and Briana Dixon, a student at Spelman College, took a nuanced look at the news of a couple who sued a sperm bank after mistakenly receiving a Black sperm donor. (Insert group hug!)

Contrary to a narrative that young people are apathetic or lazy or too busy texting to care about human rights, in fact young people are at the helm of the movement for justice for all people. I, for one, can’t wait to see what they pull off in 2015.