Tomorrow is the 38th anniversary of Roe vs Wade becoming law of land. And it is still being debated as if the Supreme Court had not ruled and as if it were still up to states and the US legislatures to take away a woman's basic right to own her body.
Tomorrow is the 38th anniversary of Roe vs Wade becoming law of land. And it is still being debated as if the Supreme Court had not ruled and as if it were still up to states and the US legislatures to take away a woman’s basic right to own her body. The day will be commemorated with a weekend of anti-abortion marches, vigils against Planned Parenthood, targeting the few abortion providers we have, and a host of events designed to promote the anti-abortion, anti-reproductive rights forces. The shrill voices of the anti-abortion movement are drowning out the pr0-choice, women’s rights voices.
On January 18, ABC News reported that Randall Terry plans to run against President Obama next year. His campaign, beginning with that great political event–The Super Bowl–will attempt to run very graphic anti-abortion ads. It is up to all of us to write CBS and demand that they reject this type of ad. We all remember the infamous failure of costuming that led to a nano section boob exposure and the outcry. Surely, showing graphic pictures would fall into a category of not belonging on tv?
NPR‘s Julie Rovner reports that Speaker Boehner claims, “A ban on taxpayer funding of abortion is the will of the people, and it ought to be the will of the land.” The Congress that was elected to work foremost on jobs is now focusing on its real agenda. First, the symbolic vote on repeal of the “job-killing health care” bill. Note, no new legislation was introduced to replace this. They also broke their own rules of showing where the Constitution allows this and how the repeal reduces the deficit. According to the neutral Congressional Budget Office, the current bill reduces the deficit. Oh, well, rules are for everyone else, not those who wrote them.
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Next is the No Taxpayer Funding of Abortion bill, dubbed “Stupak on Steroids” by NARAL. In a detailed article on RHReality, Jessica Aron debunks the Chris Smith bill. Simply put, the anti-abortion Congressional members have already written restrictive language into the health care law. Led by Bart Stupak (D-MI) and Joe Pitts (R-PA), the House passed a bill that re-affirmed the Hyde Amendment which bans taxpayer funding of abortions; the Stupak-Pitts amendment was even more restrictive than current law. Thanks to Senators Boxer (D-CA) and Murray (D-WA) this amendment was not included in the Senate version and a compromise was reached. Now, Rep. Smith is trying to enact even more restrictions making almost impossible for a woman to have insurance coverage for abortions. In fact, it will be almost impossible for many women to have access to health care and could impact how the government aids women’s health. According to Timothy Jost, a law professor at Washington and Lee University and a prominent anti-abortion supporter, this bill will strip out subsidies that are available to lower income women. He questions how far Republicans will go. He is referring to the elimination of tax benefits for insurance policies that cover abortion — even abortions in most cases of medical necessity. This bill will pass the House, it might garner some real support in the Senate. This bill must fail.
On a day when women should celebrate the decision to end government control of their bodies by the Supreme Court 38 years ago, it is a day of reckoning and a day of resolve. It is a day when women must once again dedicate themselves to ensuring that reproductive rights remain that. The decision is a woman’s and not the state’s. The irony is that the Republican Party, which is so against government mandates, government control and the government coming between a doctor and a patient, are in favor of imposing government controls regulating the actions and behavior of women. They use these arguments to oppose the health care law, but are determined to implement them against women. One of the top priorities of the Republican Party is to dismantle women’s rights. Abortion is only the first step and the biggest one.
What can you do to celebrate this day? Email your Congressional leaders to vote against the Smith bill, HR 3 No Taxpayer Funding of Abortion. Donate to JAC to enable us to advocate for women on the Hill and to work against this bill. Join an organization and make your voice heard, go to a rally, help at a local clinic, write letters to the editors, sign petitions, join JAC or another group in Washington, spread the word among your friends and family – in short, get involved. Women ARE people, too – and it is time to remind the country of that.
According to the new law, the jail should have been prohibited from using any type of restraint on Gamble during labor, and using of leg and waist restraints on her during and immediately after her pregnancy. It also guaranteed her minimum standards of pregnancy care and required—as with everyone incarcerated while in their second or third trimesters—that she be transported in the jail’s vehicles with seat belts whenever she was taken to court, medical appointments, or anywhere outside the jail.
But that wasn’t the case for Gamble. Instead, she says, when it came time for her to give birth, she was left to labor in a cell for eight hours before finally being handcuffed, placed in the back of a police cruiser without a seatbelt, and driven to a hospital, where she was shackled to the bed with a leg iron after delivering.
In addition to analyzing policies, they spoke with women who were pregnant while in custody and learned that women continue to be handcuffed during labor, restrained to the bed postpartum, and placed in full restraints—including leg irons and waist chains—after giving birth.
“The promise to respect the human rights of pregnant women in prison and jail has been broken,” the report’s authors concluded.
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“The Massachusetts law is part of a national trend and is one of the most comprehensive in protecting pregnant and postpartum women from the risks of restraints,” said Roth in an interview with Rewire. “However, like most other states, the Massachusetts law doesn’t have any oversight built in. This report clearly shows the need for staff training and enforcement so that women who are incarcerated will be treated the way the legislature intended.”
Gamble learned all of this firsthand. In the month before her arrest, Gamble had undergone a cervical cerclage, in which a doctor temporarily stitches up the cervix to prevent premature labor. She had weekly visits to a gynecologist to monitor the development of her fetus. The cerclage was scheduled to be removed at 37 weeks. But then she was arrested and sent to jail.
Gamble told jail medical staff that hers was a high-risk pregnancy, that she had had a cerclage, and that her first child had been born six weeks prematurely. Still, she says she waited two months before seeing an obstetrician.
As her due date drew closer, the doctor, concerned about the lack of amniotic fluid, scheduled Gamble for an induction on Feb. 19, 2015. But, she says, jail staff cancelled her induction without telling her why.
That same evening, around 5 p.m., Gamble went into labor. Jail staff took her to the medical unit. There, according to Gamble, the jail’s nurses took her blood pressure and did a quick exam, but did not send her to the hospital. “They [the nurses] thought I was ‘acting up’ because my induction was canceled,” she told Rewire.
She was placed in a see-through cell where, as the hours progressed, her labor pains grew worse. “I kept calling to get the [correctional officers] to get the nurse,” Gamble recalled. By the time a nurse came, Gamble was bleeding. “The nurse made me pull down my pants to show her the blood—in front of a male [correctional officer]!” Gamble stated. Still, she says, no one called for an ambulance or made arrangements to drive her to the hospital.
At 1:45 in the morning, over eight hours after she first went into labor, the jail’s captain learned that Gamble was in labor. “[He] must have heard all the commotion, and he called to find out what was going on,” she said. He ordered his staff to call an ambulance and bring her to the hospital.
But instead of calling an ambulance, Gamble says jail staff handcuffed her, placed her in the back of a police cruiser without a seatbelt—in violation of the law—and drove her to Charlton Memorial Hospital. “My body was already starting to push the baby out,” she said. She recalled that the officers driving the car worried that they would have to pull over and she would give birth by the side of the road.
Gamble made it to the hospital, but just barely. Nine minutes after arriving, she gave birth: “I didn’t even make it to Labor and Delivery,” she remembered.
But her ordeal wasn’t over. Gamble’s mother, who had contacted Prisoners’ Legal Services and Prison Birth Project weeks earlier, knew that the law prohibited postpartum restraints. So did Gamble, who had received a packet in jail outlining the law and her rights from Prisoners’ Legal Services. When an officer approached her bed with a leg iron and chain, she told him that, by law, she should not be restrained and asked him to call the jail to confirm. He called, then told her that she was indeed supposed to be shackled. Gamble says she spent the night with her left leg shackled to the bed.
When the female officer working the morning shift arrived, she was outraged. “Why is she shackled to the bed?” Gamble recalled the officer demanding. “Every day in roll call they go over the fact that a pregnant woman is not to be shackled to anything after having a baby.” The officer removed the restraint, allowing Gamble to move around.
According to advocates, it’s not unusual for staff at the same jail to have different understandings of the law. For Gamble, that meant that when the shift changed, so did her ability to move. When the morning shift was over, she says, the next officer once again shackled Gamble’s leg to the bed. “I was so tired, I just went along with it,” Gamble recounted.
Two days after she had given birth, it was time for Gamble to return to the jail. Despite Massachusetts’ prohibition on leg and waist restraints for women postpartum, Gamble says she was fully shackled. That meant handcuffs around her wrists, leg irons around her ankles, a chain around her waist,g and a black box that pulled her handcuffs tightly to the waist chain. That was how she endured the 20-minute drive back to the jail.
Gamble’s jail records do not discuss restraints. According to Petit, who reviewed the records, that’s not unusual. “Because correctional officers don’t see it as out of the ordinary to [shackle], they do not record it,” she explained. “It’s not so much a misapplication of the extraordinary circumstances requirement as failure to apply it at all, whether because they don’t know or they intentionally ignore it.”
While Bristol County Sheriff’s Office Women’s Center’s policies ban shackling during labor, they currently do not prohibit restraints during postpartum recovery in the hospital or on the drive back to the jail. They also do not ban leg and waist restraints during pregnancy. Jonathan Darling, the public information officer for the Bristol County Sheriff’s Office, told Rewire that the jail is currently reviewing and updating policies to reflect the 2014 law. Meanwhile, administrators provide updates and new information about policy and law changes at its daily roll call. For staff not present during roll call, the jail makes these updates, including hospital details, available on its east post. (Roll call announcements are not available to the public.)
“Part of the problem is the difference in interpretation between us and the jurisdictions, particularly in postpartum coverage,” explained Petit to Rewire. Massachusetts has 14 county jails, but only four (and the state prison at Framingham) hold women awaiting trial. As Breaking Promises noted: “Whether or not counties incarcerate women in their jails, every county sheriff is, at minimum, responsible for driving women who were arrested in their county to court and medical appointments. Because of this responsibility, they are all required to have a written policy that spells out how employees should comply with the 2014 law’s restrictions on the use of restraints.”
Four jurisdictions, including the state Department of Correction, have policies that expressly prohibit leg and waist restraints during the postpartum period, but limit that postpartum period to the time before a woman is taken from the hospital back to the jail or prison, rather than the medical standard of six weeks following birth. Jails in 11 other counties, however, have written policies that violate the prohibition on leg and waist shackles during pregnancy, and the postpartum prohibition on restraints when being driven back to the jail or prison.
Even institutions with policies that correctly reflected the law in this regard sometimes failed to follow them: Advocates found that in some counties, women reported being restrained to the bed after giving birth in conflict with the jail’s own policies.
“When the nurse left, the officer stood up and said that since I was not confirmed to be in ‘active labor,’ she would need to restrain me and that she was sorry, but those were the rules,” one woman reported, even though the law prohibits restraining women in any stage of labor.
But shackling pregnant women during and after labor is only one part of the law that falls short. The law requires that pregnant women be provided with regular prenatal and postpartum medical care, including periodic monitoring and evaluation; a diet with the nutrients necessary to maintain a healthy pregnancy; written information about prenatal nutrition; appropriate clothing; and a postpartum screening for depression. Long waits before transporting women in labor to the hospital are another recurring complaint. So are routinely being given meals without fruits and vegetables, not receiving a postpartum obstetrician visit, and waiting long stretches for postpartum care.
That was also the case with Gamble. It was the middle of the night one week after her son’s birth when Gamble felt as if a rock was coming through her brain. That was all she remembered. One hour later, she woke to find herself back at the hospital, this time in the Critical Care Unit, where staff told her she had suffered a seizure. She later learned that her cellmate, a certified nursing assistant, immediately got help when Gamble’s seizure began. (The cell doors at the jail are not locked.)
Hospital staff told her that she had preeclampsia, a pregnancy complication characterized by high blood pressure. Postpartum preeclampsia is rare, but can occur when a woman has high blood pressure and excess protein in her urine soon after childbirth. She was prescribed medications for preeclampsia; she never had another seizure, but continued to suffer multiple headaches each day.
Dr. Carolyn Sufrin is an assistant professor of gynecology and obstetrics at Johns Hopkins Medicine. She has also provided pregnancy-related care for women at the San Francisco County Jail. “Preeclampsia is a leading cause of maternal mortality,” she told Rewire. Delayed preeclampsia, or postpartum preeclampsia, which develops within one to two weeks after labor and delivery, is a very rare condition. The patient suffering seizures as a result of the postpartum preeclampsia is even more rare.
Postpartum preeclampsia not only needs to be treated immediately, Sufrin said, but follow-up care within a week at most is urgent. If no follow-up is provided, the patient risks having uncontrolled high blood pressure, stroke, and heart failure. Another risk, though much rarer, is the development of abnormal kidney functions.
While Sufrin has never had to treat postpartum preeclampsia in a jail setting, she stated that “the protocol if someone needs obstetrical follow-up, is to give them that follow-up. Follow through. Have continuity with the hospital. Follow their instructions.”
But that didn’t happen for Gamble, who was scheduled for a two-week follow-up visit. She says she was not brought to that appointment. It was only two months later that she finally saw a doctor, shortly before she was paroled.
As they gathered stories like Gamble’s and information for their report, advocates with the Prison Birth Project and Prisoners’ Legal Services of Massachusetts met with Rep. Kay Khan (D-Newton), to bring her attention to the lack of compliance by both county jails and the state prison system. In June 2015, Khan introduced An Act to Ensure Compliance With the Anti-Shackling Law for Pregnant Incarcerated Women (Bill H 3679) to address the concerns raised by both organizations.
The act defines the postpartum period in which a woman cannot be restrained as six weeks. It also requires annual staff trainings about the law and that, if restraints are used, that the jail or prison administration report it to the Secretary of Public Safety and Security within 48 hours. To monitor compliance, the act also includes the requirement that an annual report about all use of restraints be made to the legislature; the report will be public record. Like other statutes and bills across the country, the act does not have specific penalties for noncompliance.
In December 2015, Gamble’s son was 9 months old and Gamble had been out of jail for several months. Nonetheless, both Gamble and her mother drove to Boston to testify at a Public Safety Committee hearing, urging them to pass the bill. “I am angered, appalled, and saddened that they shackled her,” Gamble’s mother told legislators. “What my daughter faced is cruel and unusual punishment. It endangered my daughter’s life, as well as her baby.”
Though she has left the jail behind, Gamble wants to ensure that the law is followed. “Because of the pain I went through, I don’t ever want anyone to go through what I did,” she explained to Rewire. “Even though you’re in jail and you’re being punished, you still have rights. You’re a human being.”
Abortion Eve used the stories of fictional girls and women to help real ones understand their options and the law. At the same time the comic explained how to access abortion, it also asserted that abortion was crucial to women's health and liberation.
“Can you picture a comic book on abortion on the stands next to Superman?”
In June 1973, Joyce Farmer and Lyn Chevli wrote to the National Organization for Women in Chicago, asking this question of their “dear sisters” and pushing them to envision a world where women’s experiences could be considered as valiant as the superhero’s adventures. They enclosed a copy of their new comic book, Abortion Eve.
Published mere months after the Supreme Court’s January 1973 Roe v. Wade ruling, Abortion Eve was intended to be a cheap, effective way to inform women about the realities of abortion. Like the fewother contemporaneous comic books dealing with abortion, Abortion Eve‘s primary purpose was to educate. But for a comic dominated by technical information about surgical procedures and state laws, Abortion Eve nonetheless manages to be radical. Though abortion had so recently been illegal—and the stigma remained—the comic portrays abortion as a valid personal decision and women as moral agents fully capable of making that decision.
The comic follows five women, all named variations of “Eve,” as counselor Mary Multipary shepherds them through the process of obtaining abortions. Evelyn is an older white college professor, Eva a white dope-smoking hippie, Evie a white teenage Catholic, Eve a working Black woman, and Evita a Latina woman. Evelyn, Eve, and Evita are all married and mothers already.
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Their motivations for getting an abortion differ, too. Evita and Eve, for instance, wish to protect themselves and their loved ones by keeping their families smaller. Sixteen-year-old Evie is the poster child for sexual naiveté. Pregnant after her first time having sex, she spends most of the comic wrestling with guilt. “It’s all so ugly!” she exclaims. “I thought sex was supposed to be beautiful!”
Nonplussed, the older Eves talk her through her choices. As Eve reminds her, “Like it or not, you are a woman now, and you are going to have to decide.”
In an interview with Rewire, Farmer said that the plot of Abortion Eve was a direct outgrowth of her and Chevli’s experiences in the nascent women’s health movement. Both women had started working as birth control and “problem pregnancy” counselors at the Free Clinic in Laguna Beach, California, soon after it opened in 1970. Archival documents at Indiana University’s Kinsey Institute show that Chevli and Farmer visited Los Angeles abortion providers in December 1972, on a business trip for the Free Clinic. According to Farmer, one of the doctors they met approached the pair with the idea of doing a comic about abortion to publicize his clinic.
Earlier that year, the women had produced one of the first U.S. comic books written, drawn, and published by women, Tits & Clits alpha(the “alpha” distinguished the comic from subsequent issues). So they took the doctor’s idea and ran with it. They decided to use their newly founded comics publishing company, Nanny Goat Productions, to educate women, particularly teenagers, about abortion.
At the Free Clinic, Chevli and Farmer had seen all kinds of women in all kinds of situations, and Abortion Eve attempts to reflect this diversity. As Farmer noted in an interview, she and Chevli made sure that the Eves were all different races, ages, and socioeconomic backgrounds in order to demonstrate that all kinds of women get abortions.
Farmer had made the choice to get an abortion herself, when her IUD failed in 1970. The mother—of a 12-year-old son—who wasputting herself through college at the University of California at Irvine, she decided that she couldn’t afford another child.
California had liberalized its abortion laws with the Therapeutic Abortion Act of 1967, but the law was still far from truly liberal. Before Roe, California women seeking abortions needed doctors (a gynecologist and two “specialists in the field”) to submit recommendations on their behalf to the hospital where the abortion would take place. Then, a committee of physicians approved or denied the application. Only women who could pay for therapeutic abortions—those needed for medical reasons—could get them.
For Farmer, as for so many others, the process was onerous. After an hour, the psychiatrist who had interviewed her announced that she would not be eligible, as she was mentally fit to be a mother. Stunned, Farmer told the doctor that if he denied her an abortion, she would do it herself. Taking this as a suicide threat, her doctor quickly changed his mind. She wrote later that this experience began her political radicalization: “I was astounded that I had to prove to the state that I was suicidal, when all I wanted was an abortion, clean and safe.”
Farmer and Chevli began work on Abortion Eve before Roe v. Wade, when abortion was still illegal in many states. After the Supreme Court’s decision, they added a page for “more info” on the ruling. Yet even as they celebrated Roe, the women weren’t yet sure what would come of it.
The comic reflects a general confusion regarding abortion rights post-Roe, as well as women’s righteous anger over the fight to gain those rights. On the day of her abortion, for example, Evita tells Eve that, at five months pregnant, she just “slipped in” the gestational limits during which women could have abortions.
Eve explains that women now have the right to an abortion during the first three to six months of a pregnancy, but that the matter is far from settled in the courts. After all, Roe v. Wade said that states did have some interest in regulating abortion, particularly in the third trimester.
“I get mad when they control my body by their laws!” Eve says. “Bring in a woman, an’ if the problem is below her belly button and it ain’t her appendix, man—you got judges an’ lawyers an’ priests an’ assorted greybeards sniffin’ an’ fussin’ an’ tellin’ that woman what she gonna do an’ how she gonna do it!”
Abortion Eve confrontsthe reality that abortion is a necessity if women are to live full sexual lives. Writing to the underground sex magazine Screw in September 1973 to advertise the comic, Chevli noted, “Surely if [your readers] screw as much as we hope, they must have need for an occasional abortion—and our book tells all about it.”
Six months after they published the comic, in December 1973, Chevli and Farmer traveled to an Anaheim rally in support of Roe outside the American Medical Association conference. They were met by a much larger group of abortion opponents. Chevli described the scene in a letter to a friend:
300 to 8. We weren’t ready, but we were there. Bodies … acquiescing, vulnerable females, wanting to show our signs, wanting to be there, ready to learn. Oh, Christ. Did we learn. It was exhausting. It was exciting. We were enervated, draged [sic] around, brung up, made to feel like goddesses, depressed, enlightened … bunches of intangible things. I have rarely experienced HATE to such a massive extent.
That wasn’t the last feedback that Chevli and Farmer received about their views on abortion. In fact, during the course of Nanny Goat’s publishing stint, the majority of complaints that the independent press received had to do with Abortion Eve. Several self-identified Catholics objected to the “blasphemous” back cover, which featured MAD Magazine‘s Alfred E. Neuman as a visibly pregnant Virgin Mary with the caption: “What me worry?”
As archival documents at the Kinsey Institute show, other critics castigated Chevli and Farmer for setting a bad example for young women, failing to teach them right from wrong. One woman wrote them a letter in 1978, saying “You have not only wasted your paper, time, money, but you’ve probably aided in the decision of young impressionable girls and women who went and aborted their babies.”
Farmer and Chevli responded to such charges by first thanking their critics and then explaining their reasons for creating Abortion Eve. In another response, also in the Kinsey archives, Chevli wrote, “Whether abortion is right or wrong is not our concern because we do not want to dictate moral values to others. What we do want to do is educate others to the fact that abortion is legal, safe, and presents women with a choice which they can make.”
Today, abortion opponents like Louisiana Rep. Mike Johnson (R) frame abortion as the “dismemberment” of unborn children, suggesting that women who seek abortions are, in essence, murderers. With Abortion Eve, Chevli and Farmer dared to suggest that abortion was and is an integral part of women’s social and sexual liberation. Abortion Eve is unapologetic in asserting that view. The idea that abortion could be a woman’s decision alone, made in consultation with herself, for the good of herself and of her loved ones, is as radical an idea today as it was in the 1970s.