In many ways, Latino views on reproductive health put us at the forefront of efforts to find a constructive public dialogue regarding abortion. Latinos want the conversation in the states and nationally to be less judgmental and less stigmatizing, both in our language and our treatment of a woman making the decision about whether or not to end a pregnancy.
Can Latinos change the conversation around abortion?
Let’s hope so.
And let’s hope political leaders and candidates are listening.
In purple states and congressional districts across the nation, population growth and redistricting have strengthened the Latino community’s electoral clout, making Latinos one of this year’s most critical swing constituencies.
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In fact, this year control of the White House and Congress might well be decided by Latino voters; so for those candidates interested in engaging the Latino community, here are few tips, bolstered by a recent poll:
Don’t be afraid to discuss reproductive health. A survey conducted by Lake Research Partners found that an overwhelming share of Latino voters–74 percent–believe a woman should be able to make her own personal, private decision about whether or not to bear a child without politicians interfering.
Do stand for fairness and justice. Polling shows that most Latinos understand the links between economic fairness and reproductive decision-making: a majority of Latino voters believe that the amount of money a woman has, or doesn’t have, shouldn’t determine whether she can have a legal abortion when she needs one.
Do talk directly to Latino voters. Even if politicians or church officials hold a different opinion, Latino voters are willing to disagree and make up their own minds.
Do be careful how you talk about abortion. Instead of a coarse, stigmatizing and divisive discourse, Latinos have embraced compassion and empathy. A strong majority of us–67 percent–are willing to support a close friend or family member who has had an abortion; and three of every four of us agree we should not judge someone who feels they are not ready to be a parent.
In many ways, Latino views on reproductive health put us at the forefront of efforts to find a constructive public dialogue regarding abortion. Latinos want our state and nation’s conversation to be less judgmental and less stigmatizing, both in our language and our treatment of a woman making the decision about whether or not to end a pregnancy.
In political campaigns, reproductive health is too often a hot button social issue that some politicians embrace to divide communities and create electoral wedges.
Polling would indicate this is the wrong approach to engage the Latino community.
Latino voters would prefer abortion be less about ideology and more about respecting and understanding our friends and family members making what can be a difficult decision.
Let’s hope the Latino community does change how this nation talks about abortion. It’s a change that would help both our politics and our communities.
Recently, Porter spoke with Rewire about the inaccurate framing of abortion as a “moral” issue and the conditions that have created the current crisis facing providers and patients alike. Her film will air nationally on PBS’ Independent Lens Monday.
Dawn Porter’s documentary TRAPPED focuses on the targeted regulation of abortion providers (TRAP) laws designed to close clinics. But, as Porter told Rewire in a phone interview, TRAPPED is also about “normal people,” the providers and clinic staff who have been demonized due to their insistence that women should have access to abortion and their willingness to offer that basic health-care service.
Between 2010 and 2015, state legislators adopted some 288 laws regulating abortion care, subjecting providers and patients to restrictions not imposed on their counterparts in other medical specialties.
In Alabama, where most of the film takes place, abortion providers are fighting to keep their clinics open in the face of countless—and often arbitrary—regulations, including a requirement that the grass outside the facilities be a certain length and one mandating abortions be performed in far more “institutional” and expensive facilities than are medically necessary.
The U.S. Supreme Court is expected to issue a ruling this month on a Texas case regarding the constitutionality of some TRAP laws: Whole Woman’s Health v. Hellerstedt. The lawsuit challenges two provisions in HB 2: the admitting privileges requirement applied to Whole Woman’s Health in McAllen, Texas, and Reproductive Services in El Paso, Texas, as well as the requirement that every abortion clinic in the state meet the same building requirements as ambulatory surgical centers. It is within this context that Porter’s film will air nationally on PBS’ Independent Lens Monday.
Recently, the award-winning filmmaker spoke with Rewire about the Supreme Court case, the inaccurate framing of abortion as a “moral” issue, and the conditions that have created the current crisis facing providers and patients alike.
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Rewire: What has changed for the clinicians featured in TRAPPED since the documentary premiered at the Sundance Film Festival in January?
Dawn Porter: Now, in Alabama, the legislature has passed a law banning clinics within 2,000 feet of a school. There’s a lot of frustration because the clinicians abide by the laws, and then more are put in place that makes it almost impossible to operate.
Everyone has been really focused on Dalton Johnson’s clinic [the Alabama Women’s Center for Reproductive Alternatives] because the clinic he moved to was across the street from a school, but the law has also affected Gloria [Gray, the director of the West Alabama Women’s Center in Tuscaloosa, Alabama]—and that’s not something a lot of us initially realized. She’s afraid this will shut her down for good. I would say this has been a very hard blow for her. I think Dalton was perhaps more prepared for it. He will fight the law.
The good news is that it’s not like either of these clinics will close tomorrow; this gets decided when they go back for relicensing at the end of the year. Right now, they’re in the middle of legal proceedings.
Of course, we’re all also awaiting the Supreme Court decision on Whole Woman’s Health. There’s a lot of uncertainty and anxiety right now, for these clinic owners in particular, but for all clinic owners [nationwide] really.
Rewire: Let’s talk about that. Later this month, the Supreme Court is expected to issue its ruling on that case. Even if the Supreme Court rules that these laws are unconstitutional, do you think the case will change the environment around reproductive rights?
DP: It really depends on how the Court writes the decision. There may be no case in which it’s more important for the Court to have a comprehensive decision. It’s a multiheaded hydra. There’s always something that can close a clinic, so it’s crucially important that this Court rules that nothing can hinder a woman’s right to choose. It’s important that this Court makes it clear that all sham laws are unconstitutional.
Rewire: We know abortion providers have been killed and clinics have been bombed. When filming, did you have safety concerns for those involved?
DP: Definitely. The people who resort to violence in their anti-choice activities are—I guess the most charitable way to describe it—unpredictable. I think the difficult thing is you can’t anticipate what an irrational person will do. We took the safety of everyone very seriously. With Dr. Willie Parker [one of two doctors in the entire state of Mississippi providing abortions], for example, we wouldn’t publicize if he’d be present at a screening of the film. We never discussed who would appear at a screening. It’s always in the back of your mind that there are people who feel so strongly about this they would resort to violence. Dr. Parker said he’s aware of the risks, but he can’t let them control his life.
We filmed over the course of a few years, and honestly it took me a while to even ask about safety. In one of our last interviews, I asked Dr. Parker about safety and it was a very emotional interview for both of us. Later during editing, there was the shooting at the Colorado clinic and I called him in a panic and asked if he wanted me to take our interview out of the film. He said no, adding, “I can’t let irrational terrorists control my life.” I think everybody who does this work understands what’s at risk.
Rewire: It seems Texas has become ground zero for the fight for abortion access and because of that, the struggles in states like Alabama can get lost in the shuffle. Why did you choose to focus on Alabama?
DP: I met Dr. Parker when he was working in Mississippi. The first meeting I did with him was in December 2012 and he told me that Alabama had three clinics and that no one was talking about it. He introduced me to the clinic owners and it was clear that through them, the entire story of abortion access—or the denial of it—could be told. The clinic owners were all working together; they were all trying to figure out what to do legally so they could continue operating. I thought Alabama was unexplored, but also the clinic owners were so amazing.
To tell you the truth, I tried to avoid Texas for a long time. If you follow these issues around reproductive rights closely, and I do, you can sort of feel like, “Uh, everyone knows about Texas.” But, actually, a lot of people don’t know about Texas. I had this view that everyone knew what was going on, but I realized I was very insulated in this world. I started with Texas relatively late, but decided to explore it because we were following the lawyers with the Center for Reproductive Rights and they were saying one of their cases would likely go to the Supreme Court, and Whole Woman’s Health was most likely. They, of course, were right.
When you’re making a film, you’re emerged in a world and you have to take a step back and think about what people really know, not what you think they know or assume they know.
Rewire: In TRAPPED, you spliced in footage of protests from the 1970s, which made me think about how far we’ve come since Roe v. Wade. Sometimes it feels like we’ve come very far, other times it feels like nothing has changed. Why do you think abortion is such a contentious topic?
DP: I don’t think it’s actually that contentious, to tell you the truth. I think there is a very vocal minority who are extreme. If you poll them, most Americans are pro-choice and believe in the right to abortion in at least some circumstances. Most people are not “100 percent, no abortion” all the time. People who are, are very vocal. I think this is really a matter of having people who aren’t anti-choice be vocal about their beliefs.
Abortion is not the number one social issue. It was pretty quiet for years, but we’ve seen the rise of the Tea Party and conservative Republicans heavily influencing policy. The conservative agenda has been elevated and given a larger platform.
We need to change public thinking about this. Part of that conversation is destigmatizing abortion and not couching it in a shameful way or qualifying it. Abortion is very common; many, many women have them. Three in ten U.S. women have had an abortion before the age of 45. I think that part of the work that needs to be done is around stigma and asking why are we stigmatizing this. What is the agenda around this?
Evangelicals have done a great job of making it seem like this is an issue of morality, and it’s just not. To me, honestly, it doesn’t matter if you’re pro-choice or anti-choice. Everyone is entitled to their own opinions and beliefs. I can respect different opinions, but I can’t respect someone who tries to subvert the political process. People with power and influence who tamper with the political process to impose their beliefs on other people—I really can’t respect that.
Rewire: There are a lot of entry points for conversations about abortion access. What brought you to focus on TRAP laws?
DP: People often discuss abortion in terms of morality, but that’s not what we should be talking about. The reason why these laws have been so effective is because they successfully harm the least powerful of the group they’re targeting. Who’s getting picked on, who’s suffering the most? Women of color, people who are low-income, people who don’t have health insurance. There’s something so unjust about how these laws are disproportionately affecting these populations, and that really bothered me. I’m certainly interested in abortion as a topic, but I’m also interested in politics and power and how those things take shape to hurt the most vulnerable.
Rewire: In TRAPPED, we get to see a very personal side of all the clinicians and providers. One clinician discusses having to be away from her six children all of the time because she’s always at the clinic. We get to see Dr. Willie Parker at church with his family. And it was amazing to learn that the remaining providers in Alabama are friends who regularly eat dinner together. Was it intentional to humanize providers in a way we don’t usually get to see?
DP: Absolutely. The anti-choice side has successfully painted the picture of an abortion provider as this really shady, sinister person. I spent three years embedded in these clinics, and that couldn’t be further from what I saw. These are passionate, brave people, but they’re also very normal people. They’re not superheroes or super villains. They’re just normal people. It’s not that they don’t think about what they’re doing; they’re just very resilient and courageous in a way that makes me very proud. I wanted people to see that.
Rewire: Honestly before watching TRAPPED, I never thought about the personal toll that pressure takes on providers. Dalton Johnson used his retirement funds in order to continue providing abortion care. In several scenes, we see an emotional Gloria Gray struggling with whether or not to keep fighting these laws. Do you think people generally understand what it’s costing providers—financially and emotionally—to continue operating?
DP: I don’t think a lot of us think about that. People like Dalton are saying, “I would rather cash out my retirement than give in to you people.” We should not be asking people to make that kind of sacrifice. That should not be happening.
We also don’t spend enough time thinking about or talking about all of the things that have happened to create the conditions we’re now dealing with. It’s like a perfect storm. Medical schools are not training abortion providers, and the abortion providers that are around are getting older and retiring. Of course laws keep getting passed that make it more and more difficult to run a clinic. In this kind of environment, can you really blame people for not wanting to be providers? Especially when there’s the added pressure of having to take not just your own safety into account, but the safety of your family.
This is why so few go into this field. As the number of providers in some states continues to get eliminated, the burden left on those standing is exponentially greater.
The reason why we have a crisis around abortion care is not just laws, but because we have so few physicians. There are all of these factors that have come together, and we didn’t even get to cover all of it in the documentary, including the fact that Medicaid doesn’t cover abortion [under federal law. Seventeen states, however, use state funds to cover abortion care for Medicaid recipients.] A lot of this is the result of conservative lobbying. People have to be aware of all the pressures providers are under and understand that we didn’t get to this point of crisis accidentally.
Rewire: It can feel hopeless, at least to me. What gives you hope when it comes to this unrelenting battle for reproductive rights in this country?
DP: I don’t feel hopeless at all. I feel like it’s really important to be aware and vigilant and connect these dots. I wanted to help people understand the complications and the challenges providers are up against.
These providers have done their part, and now it’s time for the rest of us to do ours. People can vote. Vote for people who prioritize providing education and medical care, rather than people who spend all of their time legislating an abortion clinic. Alabama is in a huge fiscal crisis. The education system is a mess. The Medicaid system is a mess, and the whole Alabama state legislature worked on a bill that would affect a couple of abortion clinics. Voters need to decide if that’s OK. I think this is all very hard, but it’s not at all hopeless.
During a May interview with the Texas Observer‘s Alexa Garcia-Ditta, Planned Parenthood President Cecile Richards didn’t skip a beat when pointing to the likely effect of voting restrictions.
“One of the greatest challenges, absolutely, in the state of Texas is the enormous hurdles that people have to go through to vote, and the fact that in the last election, we were 50th in voter turnout of 50 states,” said Richards. “That’s appalling. When 28 percent of the voters go to the polls, the democratic process isn’t working, it’s completely broken. I believe we have to completely address voting rights in this country, and in Texas.”
Texas is one of 17 states to implement new voting restrictions, such as voter identification laws and reduced early voting, for the first time during the 2016 presidential election, according to the Brennan Center for Justice, a nonpartisan law and policy institute at New York University’s School of Law. Those states include Alabama, Arizona, Georgia, Indiana, Kansas, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Rhode Island, South Carolina, Tennessee, Virginia, and Wisconsin.
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“This is part of a broader movement to curtail voting rights, which began after the 2010 election, when state lawmakers nationwide started introducing hundreds of harsh measures making it harder to vote,” explains the Brennan Center’s website. “Overall, 22 states have new restrictions in effect since the 2010 midterm election.”
The Republican-led charge to roll back voting rights has been fairly transparent in its goal of suppressing Democratic votes, specifically targeting voters of color and those living in poverty—a goal only made easier after the Supreme Court gutted parts of the Voting Rights Act (VRA) that safeguarded against these strategies in a 2013 decision.
Efforts to enact voting restrictions have begun to gain steam, increasingly in many of the same places where abortion restrictions are also being passed. And reproductive rights and justice advocates are taking notice. NARAL Pro-Choice America in 2012 noted that efforts to chip away at voting rights effectively silence the ability of many to weigh in on decisions regarding their bodies.
“Americans defend the right to choose by lobbying their elected officials, taking action in their communities, and participating in the public debate, but no single deed is as central to the civic process as the simple act of casting a vote,” Nancy Keenan, then president of NARAL, said in a statement announcing the decision. “That is why recent efforts to restrict citizens’ access to the ballot box are so dangerous. These measures threaten to deny millions of Americans the right to vote, silencing their voices as the nation debates our most cherished freedoms, including the right of every woman to make personal decisions regarding the full range of reproductive choices.”
Ilyse Hogue, NARAL’s current president, reaffirmed this commitment after the Supreme Court’s 2013 decision on the VRA, explaining in a statement that year that the organization believes “that participation in the political process is a constitutional right that empowers Americans to elect leaders who represent their interests in important areas such as reproductive rights.”
When thousands joined the Moral March in Raleigh, North Carolina in February 2014 to protest conservative policies such as the state’s restrictive voter suppression laws, Planned Parenthood was among the event’s 150 coalition partners. In a piece for the Huffington Post, Richards explained why it was imperative for her organization to get involved.
“For Planned Parenthood, the ideology behind these measures is all too familiar. They were put in place by politicians who would rather transport us through a time warp where only the privileged few have access to fundamental American rights,” wrote Richards. “Many of those states [passing voting restrictions] are the same ones passing restriction after restriction on women’s access to health care.”
“The history of our country shows that we are better off when everyone has a voice in our political process. We continue to stand with our partners in calling for laws that make it easier—not harder—to vote,” Richards continued.
As the aftermath of the 2010 midterm elections brought a wave of voting restrictions, a crush of anti-choice laws similarly swept the country. Since those elections, an unprecedented 288 state-level abortion restrictions have been enacted.
“To put that number in context, states adopted nearly as many abortion restrictions during the last five years (288 enacted 2011-2015) as during the entire previous 15 years (292 enacted 1995-2010),” Guttmacher researchers explained in a recent report outlining the state of reproductive rights in the country.
The pushes for voting and abortion restrictions use similar tactics, slowly eroding the rights of women, people of color, and those with low incomes. “It’s a ‘death by 1000 cuts’ strategy,” Heather Gerken, a professor at Yale Law School, told MSNBC of the two issues in 2014. “For both of these rights, you’re not allowed to ban it. So in each instance you’re just making it harder than it would be otherwise.”
Conservatives have been able to do this by leveraging misinformation about the two issues. Abortion and voting restrictions “both address manufactured problems,” Sondra Goldschein, director of advocacy and policy at the American Civil Liberties Union (ACLU), told Rewire. “They have thinly veiled excuses for introducing them. Whether it’s unproven voter fraud or concerns about women, the legislation is clearly about taking away rights, particularly in marginalized communities.”
For example, many voting restrictions are implemented based on false claims about the prevalence of voting fraud. In Wisconsin, where as many as 300,000 registered votersstand to be disenfranchised by the state’s restrictive voter ID law, Republican Gov. Scott Walker justified suppressing the vote by citing instances of fraudulent voting. When challenged in court, the state was unable to come up with a single case of voter impersonation.
That is likely because in Wisconsin, like in the rest of the country, voter fraud is virtually nonexistent. Study after study has found little to no evidence to support the claim. An analysis conducted by the Washington Post‘s Justin Levitt in 2014 found just 31 instances of voter fraud in the more than one billion ballots cast between the years 2000 and 2014.
Many abortion restrictions are similarly based on the perpetuation of misinformation, which are often based on conservatives feigning concern for women’s health. Wisconsin provides yet another prime example of this with its 2013 targeted regulation of abortion providers (TRAP) law, which required all doctors performing abortions in the state to obtain admitting privileges to hospitals within a 30-mile range, justified by claims of safeguarding women’s health. But when the Seventh U.S. Circuit Court of Appeals ruled the law unconstitutional in 2015, Judge Richard Posner, writing for the majority, noted that the medical necessity for such laws is “nonexistent” and the regulations were instead meant to impede abortion access.
“They may do this in the name of protecting the health of women who have abortions, yet as in this case the specific measures they support may do little or nothing for health, but rather strew impediments to abortion,” wrote Posner.
Though it’s often clear that legislation to restrict access to the polls and abortion share similar goals and tactics—employing misinformation, attempting to dissuade people from access by making doing so too expensive or burdensome, and so on—in some cases, states are borrowing from the exact same playbooks to make laws to get their way. In Texas, where there is already a strict voter ID law, the state passed another law in 2015 requiring abortion providers to ask for “valid government record of identification” from patients to prove they are 18 before providing care. The process of obtaining a valid form of ID is often difficult, time-consuming, and expensive, especially for those in marginalized communities.
Much like the case for voting restrictions, abortion restrictions help white men maintain the status quo of power across the country. Drawing connections between between voting restrictions and TRAP laws in Texas, then-Rewire reporter Andrea Grimes, who now works for the Texas Observer, noted on the RJ Court Watch podcast that both conservative restrictions help ensure those in power maintain their positions.
“We [in Texas] have some of the strictest TRAP (targeted restrictions on abortion providers) legislation in the country. At the same time we have what one federal judge straight up called racist and unconstitutional voter ID requirements that prevent people from being able to get out to the polls and cast their votes,” said Grimes. “And these two things together kind of ensure that power stays with the powerful. That’s what we’re seeing right now here.”
“[B]oth voting rights and abortion access involve fundamental rights,” added Jessica Mason Pieklo, Rewire‘s vice president of law and the courts. “In theory, fundamental rights are fundamental. They are things that we all hold but really what we’re talking about is access to power. So when we place restrictions on those rights, we make it harder to exercise them—which makes it harder to effectively engage our civic power.”
When framed as a desperate attempt by the GOP to maintain a hold on their power dynamics, it comes as no surprise that many of the very same states pushing through voting restrictions are also moving to restrict abortion access. During 2015 alone, 57 abortion restrictions were enacted across the country. Of the massive push to restrict abortion since 2010, ten states enacted more than ten restrictions: Arizona, North Dakota, South Dakota, Kansas, Oklahoma, Texas, Arkansas, Indiana, Alabama, and North Carolina.
These lists have remarkable crossover with the states that have enacted new voting restrictions in that same period of time: Alabama, Arizona, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
The end result for both kinds of restrictions is the same: a massive sweep of nationwide changes chipping away at the fundamental rights of Americans and disproportionately affecting women, communities of color, and those living in poverty.
Those pushing through these laws “are not just focusing on one state, but they are looking at creating change across the whole country, through each individual state-by-state attack on these fundamental freedoms,” explained Goldschein.
Goldschein went on to note that conservatives’ success in pushing these restrictions demonstrates the importance of voting, especially for down-ballot seats in the state legislature where many of these decisions are made. “State legislatures are ground zero in the fight for civil liberties, and they do not always attract as much attention as the debates in Congress or arguments in the Supreme Court, but in fact they are really the source of unprecedented assaults on our most fundamental rights,” she explained.
“This year … 80 percent of our state legislature seats are up for re-election, and we need voters to be paying attention to what is happening in those state legislatures and then to hold politicians accountable and vote as if their liberties depend on it—because they do—because this is where these fights are taking place.”