Analysis Law and Policy

Message from Mississippi: Anti-Choice Politicians May be Looking for Their Own “Plan B”

Ellen Chesler

Due to grassroots organizing and education, the amendment went down to decisive defeat. Politicians take heed.

Cross-posted with permission from the New Deal 2.0.

See all our coverage of the Mississippi Egg-As-Person Defeat here, our coverage of Mississippi Initiative (Prop) 26 here, and our coverage of egg-as-person initiatives here.

Yesterday’s solid defeat of the Mississippi Personhood amendment is a victory against extremism and for women’s health and rights, but it is also a big win for progressive political organizing. Voters in the state that Gallup ranks as the most conservative in the nation soundly rejected the move to grant legal status to embryos from the moment of fertilization. The law would have banned abortion without exceptions and directly challenged Roe v. Wade, but it also threatened some forms of birth control and emergency contraception that may result in the loss of embryos, as well as infertility treatments that make use of them.

What’s most interesting about this win is that just ten days ago polls projected exactly the opposite outcome. That was before the Mississippians for Healthy Families Coalition, a local campaign supported strategically and financially by the Planned Parenthood Federation of America and the ACLU, hit the ground. (Full disclosure: I am a member of the PPFA board.) According to Planned Parenthood, the campaign raised $1.5 million dollars, opened four offices across the state, deployed 50 full-time staff, and recruited nearly 1,000 volunteers, most of them in a classic get out the vote operation that made more than 400,000 phone calls and knocked on some 20,000 doors. This tireless effort closed a 31-point gap in just 10 days of active campaigning, possibly establishing a record for voter turnaround in this country.

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When it was all over, even outgoing Republican Governor Haley Barbour, a reliable conservative, expressed misgivings about the amendment as government gone too far. (Though in what is now becoming classic behavior for GOP officials and candidates confused about how much they must pander to the party’s rightwing, he then reversed himself and said he would vote for it.) The state’s voters, and especially its women, were smarter. Once they understood that the law would have threatened birth control and mandated government intervention in decisions that ought to be personal, including the right to end a potentially life-threatening pregnancy, wise citizens of all political stripes simply voted against it.

The Mississippi victory ought to be viewed as an omen for next year’s presidential and congressional campaigns. For years it has been perfectly clear that a sizable majority of Americans don’t want to criminalize abortion or compromise access to contraception and sensible sex education. But unlike the determined minority of anti-choice and puritanical extremists on the other side, these folks have never privileged social concerns in the voting booth. Perhaps understandably, what’s mattered more to them are economic issues or considerations of national security, and they have moved back and forth between Democrats and Republicans depending on which party’s leadership inspired the most comfort in these zones.

At a briefing in Washington last week I was privy to early polling by the Obama campaign, which has uncovered an important shift, especially among voters between the ages of 30 and 49, who supported the president in the last election but are now abandoning him out of frustration over failed promises and disappointing economic policies. While they also express little confidence in Republican alternatives on these matters, they are deeply concerned by the party’s apparent capitulation to its base of right-wing social extremists. The decision by Congressional Republicans early this year to defund Planned Parenthood is wildly unpopular and apparently registered an astonishing 85 percent disapproval, giving Obama a big opening to win back this group.

Planned Parenthood has shared its own polling with supporters, which demonstrates a solid 65 percent overall approval rating for the organization across the country. And these numbers simply leap off the charts when sorted by age, race, or gender. Support from women, minorities, and young people registers over 80 percent. This is not surprising, since they are the principal beneficiaries of the organization’s services in 800 health centers in all 50 states and online, where some 2 million users now visit the PPFA website each month. One of every five women in America has or will use its services at some point in her lifetime. And beyond the healthcare it provides, the organization’s Political Action Committee is demonstrating its effectiveness. (Which, of course, only makes anti-choice Republicans even crazier.)

No surprise then that the Obama administration and Democrats in general have suddenly found religion on matters of women’s health. With his now famous “nope, zero” response, the president simply shut down John Boehner’s effort to sacrifice public funds for family planning as part of the deal to reduce the federal deficit and prevent a government shutdown last spring. All of the Republican presidential hopefuls this year, however, have since taken the money back out of their proposed budgets in order to curry favor with conservatives who care about these issues and vote on them in Republican primaries. And all of them supported the Mississippi Personhood amendment. When it comes time for a general election, whoever wins the primary will have a lot of explaining to do.

Dare I say that on this particular “morning after” our erstwhile Republicans, ironically enough, may finally be seeing the value of a “Plan B” that can make the consequences of impulsive, unwise behavior simply disappear?

Analysis Politics

Anti-Choice Democrats Employ ‘Dangerous,’ Contradictory Strategies

Ally Boguhn & Christine Grimaldi

Democrats for Life of America leaders, politicians, and rank-and-file supporters often contradict each other, and sometimes themselves, exposing a lack of coherent strategy at a time when the Democratic Party's platform is newly committed to increasing abortion access for all.

The national organization for anti-choice Democrats last month brought a litany of arguments against abortion to the party’s convention. As a few dozen supporters gathered for an event honoring anti-choice Louisiana Gov. John Bel Edwards (D), the group ran into a consistent problem.

Democrats for Life of America (DFLA) leaders, politicians, and rank-and-file supporters often contradicted each other, and sometimes themselves, exposing a lack of coherent strategy at a time when the Democratic Party’s platform is newly committed to increasing access to abortion care for all.

DFLA leaders and politicians attempted to distance themselves from the traditionally Republican anti-choice movement, but repeatedly invoked conservative falsehoods and medically unsupported science to make their arguments against abortion. One state-level lawmaker said she routinely sought guidance from the National Right to Life, while another claimed the Republican-allied group left anti-choice Democrats in his state to fend for themselves.

Over the course of multiple interviews, Rewire discovered that while the organization demanded that Democrats “open the big tent” for anti-choice party members in order to win political office, especially in the South, it lacked a coordinated strategy for making that happen and accomplishing its policy goals.

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Take, for example, 20-week abortion bans, which the organization’s website lists as a key legislative issue. When asked about why the group backed cutting off abortion care at that point in a pregnancy, DFLA Executive Director Kristen Day admitted that she didn’t “know what the rationale was.”

Janet Robert, the president of the group’s executive board, was considerably more forthcoming.

“Well, the group of pro-life people who came up with the 20-week ban felt that at 20 weeks, it’s pretty well established that a child can feel pain,” Robert claimed during an interview with Rewire. Pointing to the U.S. Supreme Court’s ruling in Roe v. Wade, which protected the right to legal abortion care before the point of fetal viability, Rogers suggested that “more and more we’re seeing that children, prenatal children, are viable around 20 to 22 weeks” of pregnancy.

Medical consensus, however, has found it “unlikely” that a fetus can feel pain until the third trimester, which begins around the 28th week of pregnancy. The doctors who testify otherwise in an effort to push through abortion restrictions are often discredited anti-choice activists. A 20-week fetus is “in no way shape or form” viable, according to Dr. Hal Lawrence, executive vice president of the American Congress of Obstetricians and Gynecologists.

When asked about scientific findings that fetuses do not feel pain at 20 weeks of pregnancy, Robert steadfastly claimed that “medical scientists do not agree on that issue.”

“There is clearly disagreement, and unfortunately, science has been manipulated by a lot of people to say one thing or another,” she continued.

While Robert parroted the very same medically unsupported fetal pain and viability lines often pushed by Republicans and anti-choice activists, she seemingly acknowledged that such restrictions were a way to work around the Supreme Court’s decision to make abortion legal.

“Now other legislatures are looking at 24 weeks—anything to get past the Supreme Court cut-off—because everybody know’s it’s a child … it’s all an arbitrary line,” she said, adding that “people use different rationales just to get around the stupid Supreme Court decision.”

Charles C. Camosy, a member of DFLA’s board, wrote in a May op-ed for the LA Times that a federal 20-week ban was “common-sense legislation.” Camosy encouraged Democratic lawmakers to help pass the abortion ban as “a carrot to get moderate Republicans on board” with paid family leave policies.

Robert also relied upon conservative talking points about fake clinics, also known as crisis pregnancy centers, which routinely lie to patients to persuade them not to have an abortion. Robert said DFLA doesn’t often interact with women facing unplanned pregnancies, but the group nonetheless views such organizations as “absolutely fabulous [be]cause they help the women.”

Those who say such fake clinics provide patients with misinformation and falsehoods about abortion care are relying on “propaganda by Planned Parenthood,” Robert claimed, adding that the reproductive health-care provider simply doesn’t want patients seeking care at fake clinics and wants to take away those clinics’ funding.

Politicians echoed similar themes at DFLA’s convention event. Edwards’ award acceptance speech revealed his approach to governing, which, to date, includes support for restrictive abortion laws that disproportionately hurt people with low incomes, even as he has expanded Medicaid in Louisiana.

Also present at the event was Louisiana state Rep. Katrina Jackson (D), responsible for a restrictive admitting privileges law that former Gov. Bobby Jindal (R) signed into law in 2014. Jackson readily admitted to Rewire that she takes her legislative cues from the National Right to Life. She also name-checked Dorinda Bordlee, senior counsel of the Bioethics Defense Fund, an allied organization of the Alliance Defending Freedom.

“They don’t just draft bills for me,” Jackson told Rewire in an interview. “What we do is sit down and talk before every session and see what the pressing issues are in the area of supporting life.”

Despite what Jackson described as a commitment to the constitutionality of her laws, the Supreme Court in March blocked admitting privileges from taking effect in Louisiana. Louisiana’s law is also nearly identical to the Texas version that the Court struck down in June’s Whole Woman’s Health v. Hellerstedt decision.

Jackson did not acknowledge the setback, speaking instead about how such measures protect the health of pregnant people and fetuses. She did not mention any legal strategy—only that she’s “very prayerful” that admitting privileges will remain law in her state.

Jackson said her “rewarding” work with National Right to Life encompasses issues beyond abortion care—in her words, “how you’re going to care for the baby from the time you choose life.”

She claimed she’s not the only Democrat to seek out the group’s guidance.

“I have a lot of Democratic colleagues in my state, in other states, who work closely with [National] Right to Life,” Jackson said. “I think the common misconception is, you see a lot of party leaders saying they’re pro-abortion, pro-choice, and you just generally assume that a lot of the state legislators are. And that’s not true. An overwhelming majority of the Democrat state legislators in our state and others are pro-life. But, we say it like this: We care about them from the womb to the tomb.”

The relationship between anti-choice Democrats and anti-choice groups couldn’t be more different in South Dakota, said state house Rep. Ray Ring (D), a Hillary Clinton supporter at DFLA’s convention event.

Ring said South Dakota is home to a “small, not terribly active” chapter of DFLA. The “very Republican, very conservative” South Dakota Right to Life drives most of the state’s anti-choice activity and doesn’t collaborate with anti-choice Democrats in the legislature, regardless of their voting records on abortion.

Democrats hold a dozen of the 70 seats in South Dakota’s house and eight of the 35 in the state senate. Five of the Democratic legislators had a mixed record on choice and ten had a pro-choice record in the most recent legislative session, according to NARAL Pro-Choice South Dakota Executive Director Samantha Spawn.

As a result, Ring and other anti-choice Democrats devote more of their legislative efforts toward policies such as Medicaid expansion, which they believe will reduce the number of pregnant people who seek abortion care. Ring acknowledged that restrictions on the procedure, such as a 20-week ban, “at best, make a very marginal difference”—a far cry not only from Republicans’ anti-choice playbook, but also DFLA’s position.

Ring and other anti-choice Democrats nevertheless tend to vote for Republican-sponsored abortion restrictions, falling in line with DFLA’s best practices. The group’s report, which it released at the event, implied that Democratic losses since 2008 are somehow tied to their party’s support for abortion rights, even though the turnover in state legislatures and the U.S. Congress can be attributed to a variety of factors, including gerrymandering to favor GOP victories.

Anecdotal evidence provides measured support for the inference.

Republican-leaning anti-choice groups targeted one of their own—Rep. Renee Ellmers (R-NC)—in her June primary for merely expressing concern that a congressional 20-week abortion ban would have required rape victims to formally report their assaults to the police in order to receive exemptions. Ellmers eventually voted last year for the U.S. House of Representatives’ “disgustingly cruel” ban, similarly onerous rape and incest exceptions included.

If anti-choice groups could prevail against such a consistent opponent of abortion rights, they could easily do the same against even vocal “Democrats for Life.”

Former Rep. Kathy Dalhkemper (D-PA) contends that’s what happened to her and other anti-choice Democrats in the 2010 midterm elections, which resulted in Republicans wresting control of the House.

“I believe that pro-life Democrats are the biggest threat to the Republicans, and that’s why we were targeted—and I’ll say harshly targeted—in 2010,” Dahlkemper said in an interview.

She alleged that anti-choice groups, often funded by Republicans, attacked her for supporting the Affordable Care Act. A 2010 Politico story describes how the Susan B. Anthony List funneled millions of dollars into equating the vote with support for abortion access, even though President Obama signed an executive order in the vein of the Hyde Amendment’s prohibition on federal funds for abortion care.

Dalhkemper advocated for perhaps the clearest strategy to counter the narrative that anti-choice Democrats somehow aren’t really opposed to abortion.

“What we need is support from our party at large, and we also need to band together, and we also need to continue to talk about that consistent life message that I think the vast majority of us believe in,” she said.

Self-described pro-choice Georgia House Minority Leader Rep. Stacey Abrams (D) rejected the narratives spun by DFLA to supporters. In an interview with Rewire at the convention, Abrams called the organization’s claim that Democrats should work to elect anti-choice politicians from within their ranks in order to win in places like the South a “dangerous” strategy that assumes “that the South is the same static place it was 50 or 100 years ago.”

“I think what they’re reacting to is … a very strong religious current that runs throughout the South,” that pushes people to discuss their values when it comes to abortion, Abrams said. “But we are capable of complexity. And that’s the problem I have. [Its strategy] assumes and reduces Democrats to a single issue, but more importantly, it reduces the decision to one that is a binary decision—yes or no.”

That strategy also doesn’t take into account the intersectional identities of Southern voters and instead only focuses on appealing to the sensibilities of white men, noted Abrams.

“We are only successful when we acknowledge that I can be a Black woman who may be raised religiously pro-life but believe that other women have the right to make a choice,” she continued. “And the extent to which we think about ourselves only in terms of white men and trying to convince that very and increasingly narrow population to be our saviors in elections, that’s when we face the likelihood of being obsolete.”

Understanding that nuances exist among Southern voters—even those who are opposed to abortion personally—is instead the key to reaching them, Abrams said.

“Most of the women and most of the voters, we are used to having complex conversations about what happens,” she said. “And I do believe that it is both reductive and it’s self-defeating for us to say that you can only win if you’re a pro-life Democrat.”

To Abrams, being pro-choice means allowing people to “decide their path.”

“The use of reproductive choice is endemic to how we as women can be involved in society: how we can go to work, how we can raise families, make choices about who we are. And so while I am sympathetic to the concern that you have to … cut against the national narrative, being pro-choice means exactly that,” Abrams continued. “If their path is pro-life, fine. If their path is to decide to make other choices, to have an abortion, they can do so.”

“I’m a pro-choice woman who has strongly embraced the conversation and the option for women to choose whatever they want to choose,” Abrams said. “That is the best and, I think, most profound path we can take as legislators and as elected officials.”

News Abortion

Colorado U.S. Senate Candidate Hedges on Anti-Choice Stance

Jason Salzman

A Republican running for U.S. Senate in Colorado was on record during the GOP primary as supporting a "personhood" abortion ban, but now, as Republicans have done in previous Colorado elections, he’s sounding more pro-choice.

During his successful primary campaign to take on U.S. Sen. Michael Bennet (D-CO), Darryl Glenn clearly stated his opposition to the landmark Roe v. Wade Supreme Court decision, garnering the support of anti-choice organization Colorado Right to Life (CRTL).

Glenn’s “pro-life” rating from the group was based on a questionnaire revealing, “with no weasel-room,” that the candidate believes “government has an obligation to protect all human life from conception forward” and “every innocent human being has an inalienable Right to Life at every age or stage of development,” according to the CRTL blog.

Glenn, an El Paso county commissioner, is now hedging on his stringent anti-choice stance and angering his former anti-choice allies in the process.

“As a person who has two adult daughters, I put myself in that situation,” Glenn said during a July 19 appearance on Devil’s Advocate, a local public affairs television program sponsored by a conservative think tank. “And I want to make sure that when we’re talking about health care, you want to make sure that women have the ability and access to health care, so that they understand all the different options that are out there. And at some point in time, maybe they might have to make that decision. But that is a personal decision that they have to make between them and … God.”

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Anti-choice activists were unhappy with Glenn’s comments.

“I’m willing to say on behalf of our organization that his comments were not nearly as strong as we would hope,” Susan Sutherland, vice president of Colorado Right to Life, told the Durango Herald, which broke the story Monday. “He was just trying to play a little bit of political maneuvering there.”

Gualberto Garcia Jones, the author of Colorado’s failed 2012 “personhood” amendment, told Rewire via email that Glenn’s comments show that the “right to life is not a priory for him.” So-called personhood laws, rejected by voters in several states, would grant full rights to a fetus, therefore outlawing abortion care.

“As a politician, he knows that a consistent 100% pro-life position will make it much more difficult for him to get elected to a statewide elected position in Colorado,” wrote Jones, vice president of the anti-choice Personhood Alliance. “We know from past personhood campaigns that support for a 100% pro-life position at the present time can get you around 35% of the vote statewide, however, with that sizable support comes 45% or more of ardent opposition. This political reality leads candidates for statewide office to do the primary-general two-step.”

“Every politician has to make a call on fundamental issues,” Jones continued. “What call they end up making is simultaneously a reflection of the politician’s priorities (getting elected v. standing for a principle) and of the electorate who on fundamental questions such as the right to life is itself not consistent.”

One pro-choice group in Colorado downplayed the debate about Glenn’s choice of words to describe his abortion stance, focusing instead on the policy ramifications.

“We are not concerned about the label that someone has or is given,” said Cristina Aguilar, executive director of Colorado Organization for Latina Opportunity and Reproductive Rights (COLOR), in an email statement. “We are committed to ensuring that women have access to information and support to make the decision that is best for them and that they are able to seek quality health care without medically unnecessary barriers.”

In Colorado’s last U.S. Senate election, U.S. Rep. Cory Gardner dropped his support for a state “personhood” amendment after years as a strong supporter, saying he did not understand the measure. U.S. Rep. Mike Coffman (R-Aurora) followed suit.

Even though Gardner refused to rescind his support for a federal “personhood” bill, Gardner defeated pro-choice Democrat Mark Udall in an election that emphasized choice issues from start to finish.

After winning the GOP U.S. Senate primary in 2010, Weld County District Attorney Ken Buck withdrew his backing of a so-called personhood amendment, also saying he had not understood the anti-choice measure aimed at ending legal abortion.

Democrats hammered Buck on the “personhood” issue, like they did four years later in in the 2014 Gardner-Udall race. Buck lost to pro-choice Sen. Michael Bennet (D), who faces Glenn this November.

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