Florida is (unsuccessfully) attempting to get a Personhood measure on the ballot, New York's domestic workers are finally guaranteed one day off a week and paid leave, anti-choice advocates succesfully interject anti-choice language into a law about women veterans access to health care and Margaret Cho speaks out about Bristol Palin?
For non-World AIDS Day related news, check out the highlights below.
New York State’s Domestic Workers’ Bill of Rights took effect this week providing women and men who work as nannys, housekeepers and in other labor positions with greater employment protections including paid leave, overtime pay and at least one paid day off per week. No, they were not guaranteed any of those things before this law passed.
Remember the “Women Veterans’ Bill of Rights” I wrote about yesterday? The Housed voted on and backed a bill last night to ensure that female veterans were made aware of their right to quality health care (very radical, I know) including access to coordinated, comprehensive primary care; gender-specific care and equity in care. But anti-choice legislators threatened to block a vote unless a provision was added that expressly stated that abortion would not be included in this care (even though abortion is not included in health care provided by Veteran Affairs health facilities). The National Right to Life Committee strong-armed the Democratic, pro-choice sponsor into adding a line, according to Veterans Today Journal, stating, “As “amended before consideration, the measure specifically states that nothing in the act ‘shall be construed to establish a right to any service excluded’ under the current law concerning veterans’ medical benefits that excludes abortions and abortion counseling.”
The Personhood Movement is focusing its sites on Florida, working on a persohhood amendment in that state. According to Florida Independent, Planned Parenthood is calling the push to confer legal rights upon embryos “bad public policy” which has soundly failed in other states but, um, so far the initiative has a total of zero signatures.
Entertainment sites are reporting that comedienne (and Queen of Universal Badassness) Margaret Cho reveals much about her Dancing with the Stars challenger, Bristol Palin, on her blog. It’s being reported that Cho says that Palin was forced on the show by her lovely mother, Sarah Palin, who “blames Bristol” for her election loss in 2008. However, searching for Cho’s blog post revealed only a cached version of the post and I can’t verify the accuracy.
In his quest to secure conservative votes, Sen. Ted Cruz (R) has embraced extremists across the country, many of whom have well-documented histories of anti-choice, anti-LGBTQ, and racist rhetoric. As more moderate Republicans flock to Cruz in a push to block Donald Trump from winning their party’s nomination, Cruz’s support of these extremists sheds light on his future policy making, should he be elected president.
Though hardly an exhaustive list of the radicals with whom Cruz has aligned, here are some of the most reactionary characters in his playbook.
Cruz and activist Troy Newman, head of theradical anti-choice group Operation Rescue, have spent months on the campaign trail praising each other’s extreme stances on abortion.
Operation Rescue moved to Wichita, Kansas, in 2002 to continue its campaign to intimidate abortion provider Dr. George Tiller, whom it had nicknamed “Tiller the Killer.” Before Newman came on as president, the group had previously targeted Tiller as part of its 1991 “Summer of Mercy,” when it led protesters to physically block and verbally intimidate those entering abortion clinics in Wichita, holding signs that, among other things, read “Tiller’s Slaughter House.”
Although Newman issued a statement on behalf of Operation Rescue condemning Scott Roeder when he murdered Tiller in 2009, a 2010 Ms. investigation reported that, according to Roeder, Newman had once told him that “it wouldn’t upset” him if an abortion provider was killed. (Newman denied meeting Roeder.) Roeder also had the phone number of Operation Rescue’s Cheryl Sullenger on a note on the dashboard of his car when he murdered Tiller. Sullenger, the senior vice president of the group, had been sentenced to prison time in 1988 for attempting to bomb an abortion clinic.
Newman co-founded anti-choice front group Center for Medical Progress (CMP) in 2013, whose widely discredited videos alleged that Planned Parenthood was illegally profiting from fetal tissue donations. Multiple ensuinginvestigations at both the state and federal level produced no evidence of wrongdoing, and one of the group’s other founders, David Daleiden, was later indicted in connection to the videos. Newman later separated from the group.
Despite the extremism of Newman’s groups, Cruz lauded the anti-choice activist upon receiving his endorsement in November, saying in a statement, “We need leaders like Troy Newman in this country who will stand up for those who do not have a voice.”
Cruz announced in late January that Newman would co-chair his coalition of anti-choice advisers, “Pro-Lifers for Cruz,” listing Newman’s book co-authored with Sullenger, Their Blood Cries Out, among his accomplishments. As Right Wing Watch noted, however, the text argues women who have abortions should be treated like murderers, and that abortion doctors should be executed. The book, now out of print, read: “[T]he United States government has abrogated its responsibility to properly deal with the blood-guilty. This responsibility rightly involves executing convicted murderers, including abortionists, for their crimes in order to expunge bloodguilt [sic] from the land and people,” according toMother Jones.
Troy Newman isn’t the only radical in “Pro-Lifers for Cruz”—the group’s chair, Tony Perkins, is an anti-LGBTQ activist with a history of aiding extremist anti-choice groups.
Since 2003, Perkins has led the Family Research Council (FRC), classified by the Southern Poverty Law Center (SPLC) as a “hate group” for its anti-LGBTQ record.
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Recounting Perkins’ biography, the SPLC noted that although he claimed to have left a police force position over a disagreement about containing an anti-choice protest, “the reality is quite different.” The SPLC pointed to a report from the Nation finding that Perkins “failed to report an illegal conspiracy by anti-abortion activists” Operation Rescue during the group’s 1992 “Summer of Purpose,” while he worked dual roles as a reserve police officer in Baton Rouge and reporting for a conservative television station:
According to Victor Sachse, a classical record shop owner in the city who volunteered as a patient escort for the clinic, Perkins’ reporting was so consistently slanted and inflammatory that the clinic demanded his removal from its grounds.
In order to control an increasingly tense situation, the police chief had a chain-link fence erected to separate anti-abortion activists from pro-choice protesters, and he called in sheriff’s deputies and prison guards as extra forces. Perkins publicly criticized the department and the chief. Then, after learning about plans for violent tactics by anti-abortion activists to break through police lines and send waves of protesters onto the clinic’s grounds, he failed to inform his superiors on the force. As a result of his actions, Perkins was suspended from duty in 1992, and he subsequently quit the reserve force.
Cruz’s list of national security advisers, meanwhile, includes Frank Gaffney Jr. Even in the face of criticism, Cruz has defended his pick, telling CNN’s Wolf Blitzer that “Frank Gaffney is a serious thinker who has been focused on fighting jihadists, fighting jihadism across the globe.”
Gaffney, a former Reagan administration official, is the founder and president of the Center for Security Policy (CSP). In this year’s Intelligence Report, which documents extremist groups, the SPLC categorized CSP as an anti-Muslim hate group.
The CSP’s primary focus in recent years “has been on demonizing Islam and Muslims under the guise of national security” by promoting conspiracy theories, according to SPLC. The Center for American Progress’ 2011 report, The Roots of the Islamophobia Network in America,featured Gaffney as a key player in promoting anti-Muslim rhetoric in the United States, writing that he often “makes unsubstantiated claims about ‘stealth jihad,’ the ‘imposition of Sharia law,’ and the proliferation of ‘radical mosques.'”
Cruz announced in early April that his Colorado Leadership Team included state Rep. Gordon Klingenschmitt (R-Colorado Springs), asserting he was “honored” to have the support of the politician and 24 other conservatives from the the state.
The previous week, Klingenschmitt had made headlines for claiming transgender people are “confused about their own identity” during an appearance on Comedy Central’s The Daily Show.
Klingenschmitt had been previously stripped of his position on the Colorado House of Representatives’ House Health, Insurance and Environment Committee in early 2015 after claiming on his television program that a violent attack on a pregnant woman in the state was the result of “the curse of God upon America for our sin of not protecting innocent children in the womb.”
“Part of that curse for our rebellion against God as a nation is that our pregnant women are ripped open,” claimed Klingenschmitt at the time before going on to pray for an “end to the holocaust which is abortion in America.”
In the wake of the deadly shootings at a Colorado Springs Planned Parenthood in November 2015, Klingenschmitt claimed that “Planned Parenthood executives” have the “same demonic spirit of murder” as the alleged killer, Robert Lewis Dear Jr.
Earlier in 2015, the Colorado state representativesaid that Planned Parenthood executives have “demons inside of them, you can see the blood dripping from their fangs. These people are just evil.” That June, he criticized Wisconsin Gov. Scott Walker (R) for signing a measure forcing those seeking abortions to receive medically unnecessary forced ultrasounds, claiming that the law didn’t go far in enough because it didn’t ban abortion entirely
. James Dobson
Dobson’s FoF has spent millions promoting its anti-choice and anti-LGBTQ extremism, even dropping an estimated $2.5 million in 2010 to fund an anti-choice Super Bowl ad featuring conservative football player Tim Tebow. Dobson also founded the aforementioned Family Research Council, now headed by Tony Perkins.
Dobson’s own personalrhetoric is just as extreme as the causes his organization pushes. As extensively documented by Right Wing Watch,
Conservative radio host Steve Deace, a member of the Cruz campaign’s Iowa leadership team, is “virulently anti-LGBT, having repeatedly attacked supporters of LGBT equality as being part of a ‘Rainbow Jihad,'” according to media watchdog organization Media Matters for America.
In October Cruz announced he was “thrilled” to receive the endorsement of Sandy Rios, a conservative radio host and official at the American Family Association-yet another organization classified by the SPLC as a hate group. Rios gained notoriety during the 2015 Amtrak crash in Philadelphiaafter claiming the conductor’s sexuality may have played a role in the accident.
Cruz and several other Republican presidential candidates spoke alongside far-right, anti-LGBTQ pastor and Christian radio host Kevin Swanson in November at the National Religious Liberties Conference. Swanson is featured in GLAAD’s Commentator Accountability Project, which highlights figures who “represent extreme animus towards the entire LGBT community.”
A&E’s Duck Dynasty star Phil Robertson has been a fierce Cruz supporter, and in February the presidential candidate pitched the idea of making him an ambassador to the United Nations should he be elected. Just weeks earlier, Robertson had called same-sex marriage “evil” during a Cruz rally. This statement came as little surprise given the reality television star’s previous comments condemning homosexuality and linking it to bestiality.
Cruz was also “thrilled” in March to win an endorsement from “Ohio’s top conservative leaders”—a list that included activist Linda Harvey, who once wrote that LGBTQ youth may be possessed by “demonic spirits.”
State legislatures came into session in January and quickly focused on a range of sexual and reproductive health and rights issues. By the end of the first quarter, legislators in 45 states had introduced 1,021 provisions. Of the 411 abortion restrictions that have been introduced so far this year, 17 have passed at least one chamber, and 21 have been enacted in five states (Florida, Indiana, Kentucky, South Dakota, and Utah).
This year’s legislative sessions are playing out on a crowded stage. The U.S. Supreme Court is considering a case involving a package of abortion restrictions in Texas; that decision, when handed down in June, could reshape the legal landscape for abortion at the state level. Moreover, just as state legislatures were hitting their stride in late March, the U.S. Food and Drug Administration revised the labeling for mifepristone, one of the two drugs used for medication abortion. That decision immediately put the issue back on the front burner by effectively counteracting policies restricting access to medication abortion in a handful of states. (Notably, the Arizona legislature moved within days to enact a measure limiting the impact of the FDA decision in the state.)
Progress on Several Fronts
Despite the ongoing attention to restricting abortion, legislators in several states are looking to expand access to sexual and reproductive health services and education. By the end of the first quarter, legislators in 32 states had introduced 214 proactive measures; of these, 16 passed at least one legislative body, and two have been enacted. (This is nearly the same amount introduced in the year 2015, when 233 provisions were introduced.)
Although the proactive measures introduced this year span a wide range of sexual and reproductive health and rights issues, three approaches have received particular legislative attention:
Allowing a 12-month contraceptive supply. Legislators in 16 states have introduced measures to allow pharmacists to dispense a year’s supply of contraceptives at one time; these bills would also require health plans to reimburse for a year’s supply provided at once. (In addition, a bill pending in Maryland would cover a six-month supply.) Legislative chambers in three states (Hawaii, New York, and Washington) have approved measures. Similar measures are in effect in Oregon and the District of Columbia.
Easing contraceptive access through pharmacies. Legislators in 12 states have introduced measures to allow pharmacists to prescribe and dispense hormonal contraceptives. As of March 31, bills have been approved by at least one legislative chamber in Hawaii and Iowa and enacted in Washington. The measures in Hawaii and Iowa would require pharmacist training, patient counseling, and coverage by insurance; the Hawaii measure would apply only to adults, while the Iowa measure would apply to both minors and adults. The new Washington law directs the state’s Pharmacy Quality Assurance Commission to develop a notice that will be displayed at a pharmacy that prescribes and dispenses self-administered hormonal contraception. Under current state law, a pharmacy may prescribe and dispense these contraceptives under a collaborative practice agreement with an authorized prescriber. Oregon has a similar measure in effect. (California, the only other state with such a law, issued regulations in early April.)
Expanding education on sexual coercion. Measures are pending in 17 states to incorporate education on dating violence or sexual assault into the sex or health education provided in the state. A bill has been approved by one legislative chamber in both New Hampshire and New York. The measure approved by the New Hampshire Senate would require age-appropriate education on child sexual abuse and healthy relationships for students from kindergarten through grade 12. The measure approved by the New York Senate would mandate education on child sexual abuse for students from kindergarten through grade 8. And finally, in March, Virginia enacted a comprehensive new law requiring medically accurate and age-appropriate education on dating violence, sexual assault, healthy relationships, and the importance of consensual sexual activity for students from kindergarten through grade 12. Virginia will join 21 other states that require instruction on healthy relationships.
Ongoing Assault on Access to Sexual and Reproductive Health Services
Even as many legislators are working to expand access to services, others are continuing their now years-long assault on sexual and reproductive health services and rights. Restricting access to abortion continues to garner significant attention. However, last year’s release of a series of deceptively edited sting videos targeting Planned Parenthood has swept both the family planning safety net and biomedical research involving fetal tissue into the fray.
Abortion bans. Legislative attempts to ban abortion fall along a broad continuum, from measures that seek to ban all or most abortions to those aimed at abortions performed after the first trimester of pregnancy or those performed for specific reasons.
Banning all or most abortions. Legislators in nine states have introduced measures to ban all or most abortions in the state, generally by either granting legal “personhood” to a fetus at the moment of conception or prohibiting abortions at or after six weeks of pregnancy. Only one of these measures, a bill in Oklahoma that would put performing an abortion outside the bounds of professional conduct by a physician, has been approved by a legislative chamber.
Banning D&E abortions. Legislators in 13 states have introduced measures to ban the most common technique used in second-trimester abortions. Of these, a bill in West Virginia was enacted in March over the veto of Gov. Earl Ray Tomblin (D). A similar measure was approved by both houses of the Mississippi legislature and is being considered by a conference committee. (Kansas and Oklahoma enacted similar laws last year, but enforcement of both has been blocked by court action.)
Banning abortion at 20 weeks post-fertilization. South Dakota and Utah both enacted measures seeking to block abortions at 20 weeks during the first quarter of the year. The new South Dakota law explicitly bans abortions at 20 weeks post-fertilization (which is equivalent to 22 weeks after the woman’s last menstrual period). The Utah measure requires the use of anesthesia for the fetus when an abortion is performed at or after that point, something that providers would be extremely unlikely to do because of the increased risk to the woman’s health. In addition to these new measures, 12 other states ban abortion at 20 weeks post-fertilization.
Banning abortion for specific reasons. In March, Indiana enacted a sweeping measure banning abortions performed because of gender, race, national origin, ancestry, or fetal anomaly; no other state has adopted such a broad measure. The Oklahoma House approved a measure to ban abortion in the case of a fetal genetic anomaly; the state already bans abortion for purposes of sex selection. Currently, seven states ban abortion for the purpose of gender selection, including one state that also bans abortion based on race selection and one that also bans abortion due to fetal genetic anomaly.
Family planning funding restrictions. In the wake of the Planned Parenthood videos, several states have sought to limit funding to family planning health centers that provide or refer for abortion or that are affiliated with abortion providers. These efforts are taking different forms across states.
Medicaid. Measures to exclude abortion providers (e.g., Planned Parenthood affiliates) from participating in Medicaid have been introduced in five states, despite the clear position of the federal Centers for Medicare and Medicaid Services that such exclusions are not permitted under federal law. In March, Florida Gov. Rick Scott (R) signed a Medicaid restriction into law. By the end of the first quarter, measures had passed one chamber of the legislature in Arizona, Mississippi, and Missouri; a measure introduced in Washington has not been considered. (A related measure enacted in Wisconsin in February limits reimbursement for contraceptive drugs for Medicaid recipients.)
Similar attempts by six other states have been blocked by court action since 2010. These measures include laws adopted by Indiana and Arizona as well as administrative actions taken in Alabama, Arkansas, Louisiana, and Texas.
Other family planning funds. Legislators in 13 states have introduced measures to prevent state or federal funds that flow through state agencies from being distributed to organizations that provide, counsel, or refer for abortions; the measures would also deny funds to any organization affiliated with an entity engaging in these activities. Measures in three of these states have received significant legislative attention. In February, Wisconsin enacted a measure directing the state to apply for Title X funds (the state is not currently a grantee under the program); if the state’s application were approved, the measure would ban this funding from going to organizations that engage in abortion care-related activity. A measure that would deny funds to organizations engaged in abortion care-related activity passed the Kentucky Senate in February. A similar measure in Virginia, which would both prohibit an abortion provider from receiving funding and give priority to public entities (such as health centers operated by health departments) in the allocation of state family planning funds was vetoed by Gov. Terry McAuliffe (D) in March.
Related funds. In February, Ohio Gov. John Kasich (R) signed a measure barring abortion providers or their affiliates from receiving federal funds passing through the state treasury to support breast and cervical cancer screening; sex education; and efforts to prevent infertility, HIV in minority communities, violence against women, and infant mortality.
Fetal tissue research. The Planned Parenthood videos have also led to legislation in 28 states aimed at research involving fetal tissue. Measures have passed one legislative chamber in four states (Alabama, Iowa, Idaho, and Kentucky), and new laws have been enacted in four states (Arizona, Florida, Indiana, and South Dakota) in the first quarter alone. All four laws ban the donation of fetal tissue for purposes of research. These new laws are the first to ever ban the donation of fetal tissue. The Arizona law also bans research using fetal tissue, and the new South Dakota law strengthens the state’s existing ban by now considering fetal tissue research as a felony; four other states (Indiana, North Dakota, Ohio and Oklahoma) have similar provisions in effect.
Zohra Ansari-Thomas, Olivia Cappello, and Lizamarie Mohammed all contributed to this analysis.