As anti-choice bills fly through the legislature, we are counting on Gov. McCrory to stand up to the anti-choice leadership in the legislature and make good on his campaign promise to not support any new restrictions on abortion access.
In the final debate of the 2012 North Carolina gubernatorial campaign, Pat McCrory made a promise to North Carolina voters that he would not support any new restrictions on abortion access. He said it right there, on television, for everybody to see. McCrory won the election weeks later, and we vowed to hold him to his words.
Up until a few years ago, such campaign promises didn’t have the sticking power we’d have liked, and just months after an election, could easily be forgotten or overwritten by the elected official’s new narrative of “what he really meant,” or how his position “evolved.” But something has changed. In the age of the internet meme, the sharable graphic, the easy connection between online activity and offline action, the watchful eye of online onlookers means that politicians’ positions are not so easily malleable.
North Carolinians are definitely watching and getting involved in what’s going on at the state legislature, even us often-maligned Millennials. I have read the articles that suggest Millennials are not as politically active around choice as former generations. But, as a Millennial myself who recently left a career in big law to become executive director of NARAL Pro-Choice North Carolina, I know firsthand that our staff, board leaders, and many of our activists are closer to my age than my mother’s, and that their activism takes many forms, from online to in-person and everywhere in between. Yes, they are likely to click a link or post on their blog to show their support, but they are also likely to show up for a rally against legislative attacks on same-sex marriage, voting rights, and reproductive health care.
This year’s attacks on reproductive rights all over the United States have ensured that we will need every one of those activists and every form of activism working together to hold elected officials to their campaign promises. In our state, anti-choice politicians have introduced seven measures that would limit access to reproductive health care. Just last week, a committee of lawmakers approved a measure that would threaten health-care providers with lawsuits and steep fines for performing an abortion when sex-selection is a “significant factor” in the woman’s decision. When questioned about the prevalence of sex-selective abortions, neither the bill’s sponsor nor its proponents were able to offer any evidence of their occurrence in the United States. What’s more, reproductive justice supporters know abortion bans are not the way to address the serious and complex issues that contribute to sex discrimination and son preference. The sponsors of this legislation have refused to support measures that would have real impact on discrimination, like the Equal Pay Act and the Healthy Families and Workplaces Act, showcasing just how disingenuous these sponsors are in their “concern” for the welfare of women and girls. Ultimately, while proponents of this measure attempt to cloak their anti-choice agenda in concern for gender discrimination, it is clear that the goal of this legislation is not to curb discrimination but to strip women of reproductive options by making it increasingly difficult for doctors to provide abortion care.
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These extreme legislators also have filed bills that would allow employers, including for-profit corporations, to refuse to provide insurance coverage for contraception and increase the cost and limit the accessibility of abortion in North Carolina. And just this week they considered a measure that would force teens to get a parent to sign off on their decision to access birth control or seek treatment for a sexually transmitted infection or even mental health counseling (not to mention bills that would end early voting, slash funding for pre-K programs, and allow guns in bars). These measures are extreme, far-reaching, and out of touch. New polling data shows that 76 percent of North Carolinians think decisions about reproductive health care should be left to a woman, not politicians. But apparently, our state legislature hasn’t gotten the message.
As these bills fly through the legislature, we are counting on Governor McCrory to stand up to the anti-choice leadership in the legislature and make good on his campaign promise. And we’re using our new She Decides online advocacy campaign to hold him to his word. In the last two weeks alone, over 1,000 North Carolinians have contacted the governor through our site—and encouraged others to do the same.
Millennials in North Carolina care about policies that affect them. They care about voter ID laws, they care about education, and they care about reproductive health. We at NARAL Pro-Choice North Carolina are confident that young people are passionate about their right to information about their own health care (with or without parental consent), their right to make personal and private decisions for themselves, and their right to exercise their voting rights. We know they don’t need our help to make their voices heard, but we hope that they will agree to tell the governor: she decides. The goal is, of course, not only to keep abortion safe and legal, but to make it accessible for everyone.
A unanimous panel of the Fourth Circuit Court of Appeals struck down North Carolina’s elections law, holding that the Republican-held legislature had enacted the law with discriminatory intent to burden Black voters and that it therefore violated the Voting Rights Act of 1965.
The ruling marks the latest defeat of voter ID laws passed by GOP-majority legislatures across the country.
“We can only conclude that the North Carolina General Assembly enacted the challenged provisions of the law with discriminatory intent,” Circuit Judge Diana Gribbon Motz wrote for the court.
Republicans claimed that the law was intended to protect against voter fraud, which has proven exceedingly rare in Republican-led investigations. But voting rights advocates argue that the law was intended to disenfranchise Black and Latino voters.
The ruling marks a dramatic reversal of fortune for the U.S. Justice Department, the North Carolina chapter of the NAACP, and the League of Women Voters, which had asked the Fourth Circuit to review a lower court ruling against them.
U.S. District Court Judge Thomas Schroeder in April ruled that plaintiffs had failed to demonstrate that the law hindered Black voters’ ability to exercise political power.
The Fourth Circuit disagreed.
“In holding that the legislature did not enact the challenged provisions with discriminatory intent, the court seems to have missed the forest in carefully surveying the many trees,” Motz wrote. “This failure of perspective led the court to ignore critical facts bearing on legislative intent, including the inextricable link between race and politics in North Carolina.”
The Fourth Circuit noted that the Republican-dominated legislature passed the law in 2013, immediately following the U.S. Supreme Court’s ruling in Shelby v. Holder, which struck a key provision in Section 4 of the Voting Rights Act.
Section 4 is the coverage formula used to determine which states must get pre-clearance from the Department of Justice or the District Court for the District of Columbia before making any changes to election laws.
The day after the Supreme Court issued its ruling in Shelby, the Republican chairman of the Senate Rules Committee announced the North Carolina legislature’s intention to enact an “omnibus” election law, the appeals court noted. Before enacting the law, however, the Republican-dominated legislature requested data on the use, by race, of a number of voting practices.
After receipt of the race data, the North Carolina General Assembly enacted legislation that restricted voting and registration, all of which disproportionately burdened Black voters.
“In response to claims that intentional racial discrimination animated its actions, the State offered only meager justifications,” Motz continued. “[T]he new provisions target African Americans with almost surgical precision.”
The ruling comes a day after the Rev. Dr. William J. Barber II, president of the North Carolina chapter of the NAACP and one of the primary organizers of Moral Mondays, gave a rousing speech at the Democratic National Convention that brought convention goers to their feet.
During a protest on the first day of the trial, Barber told a crowd of about 3,500 people, “this is our Selma.”
The legislation would allow victims of domestic violence, sexual assault, and stalking to terminate their lease early or request locks be changed if they have "a reasonable fear" that they will continue to be harmed while living in their unit.
Domestic violence survivors often face a number of barriers that prevent them from leaving abusive situations. But a new bill awaiting action in the Pennsylvania legislature would let survivors in the state break their rental lease without financial repercussions—potentially allowing them to avoid penalties to their credit and rental history that could make getting back on their feet more challenging. Still, the bill is just one of several policy improvements necessary to help survivors escape abusive situations.
Right now in Pennsylvania, landlords can take action against survivors who break their lease as a means of escape. That could mean a lien against the survivor or an eviction on their credit report. The legislation, HB 1051, introduced by Rep. Madeleine Dean (D-Montgomery County), would allow victims of domestic violence, sexual assault, and stalking to terminate their lease early or request locks be changed if they have “a reasonable fear” that they will continue to be harmed while living in their unit. The bipartisan bill, which would amend the state’s Landlord and Tenant Act, requires survivors to give at least 30 days’ notice of their intent to be released from the lease.
Research shows survivors often return to or delay leaving abusive relationships because they either can’t afford to live independently or have little to no access to financial resources. In fact, a significant portion of homeless women have cited domestic violence as the leading cause of homelessness.
“As a society, we get mad at survivors when they don’t leave,” Kim Pentico, economic justice program director of the National Network to End Domestic Violence (NNEDV), told Rewire. “You know what, her name’s on this lease … That’s going to impact her ability to get and stay safe elsewhere.”
“This is one less thing that’s going to follow her in a negative way,” she added.
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Pennsylvania landlords have raised concerns about the law over liability and rights of other tenants, said Ellen Kramer, deputy director of program services at the Pennsylvania Coalition Against Domestic Violence, which submitted a letter in support of the bill to the state House of Representatives. Lawmakers have considered amendments to the bill—like requiring “proof of abuse” from the courts or a victim’s advocate—that would heed landlord demands while still attempting to protect survivors.
But when you ask a survivor to go to the police or hospital to obtain proof of abuse, “it may put her in a more dangerous position,” Kramer told Rewire, noting that concessions that benefit landlords shift the bill from being victim-centered.
“It’s a delicate balancing act,” she said.
The Urban Affairs Committee voted HB 1051 out of committee on May 17. The legislation was laid on the table on June 23, but has yet to come up for a floor vote. Whether the bill will move forward is uncertain, but proponents say that they have support at the highest levels of government in Pennsylvania.
“We have a strong advocate in Governor Wolf,” Kramer told Rewire.
Financial Abuse in Its Many Forms
Economic violence is a significant characteristic of domestic violence, advocates say. An abuser will often control finances in the home, forcing their victim to hand over their paycheck and not allow them access to bank accounts, credit cards, and other pecuniary resources. Many abusers will also forbid their partner from going to school or having a job. If the victim does work or is a student, the abuser may then harass them on campus or at their place of employment until they withdraw or quit—if they’re not fired.
Abusers may also rack up debt, ruin their partner’s credit score, and cancel lines of credit and insurance policies in order to exact power and control over their victim. Most offenders will also take money or property away from their partner without permission.
“Financial abuse is so multifaceted,” Pentico told Rewire.
Pentico relayed the story of one survivor whose abuser smashed her cell phone because it would put her in financial dire straits. As Pentico told it, the abuser stole her mobile phone, which was under a two-year contract, and broke it knowing that the victim could not afford a new handset. The survivor was then left with a choice of paying for a bill on a phone she could no longer use or not paying the bill at all and being turned into collections, which would jeopardize her ability to rent her own apartment or switch to a new carrier. “Things she can’t do because he smashed her smartphone,” Pentico said.
“Now the general public [could] see that as, ‘It’s a phone, get over it,'” she told Rewire. “Smashing that phone in a two-year contract has such ripple effects on her financial world and on her ability to get and stay safe.”
Why people fail to make this connection can be attributed, in part, to the lack of legal remedy for financial abuse, said Carol Tracy, executive director of the Women’s Law Project, a public interest law center in Pennsylvania. A survivor can press criminal charges or seek a civil protection order when there’s physical abuse, but the country’s legal justice system has no equivalent for economic or emotional violence, whether the victim is married to their abuser or not, she said.
Some advocates, in lieu of recourse through the courts, have teamed up with foundations to give survivors individual tools to use in economically abusive situations. In 2005, the NNEDV partnered with the Allstate Foundation to develop a curriculum that would teach survivors about financial abuse and financial safety. Through the program, survivors are taught about financial safety planning including individual development accounts, IRA, microlending credit repair, and credit building services.
State coalitions can receive grant funding to develop or improve economic justice programs for survivors, as well as conduct economic empowerment and curriculum trainings with local domestic violence groups. In 2013—the most recent year for which data is available—the foundation awarded $1 million to state domestic violence coalitions in grants that ranged from $50,000 to $100,000 to help support their economic justice work.
So far, according to Pentico, the curriculum has performed “really great” among domestic violence coalitions and its clients. Survivors say they are better informed about economic justice and feel more empowered about their own skills and abilities, which has allowed them to make sounder financial decisions.
This, in turn, has allowed them to escape abuse and stay safe, she said.
“We for a long time chose to see money and finances as sort of this frivolous piece of the safety puzzle,” Pentico told Rewire. “It really is, for many, the piece of the puzzle.”
“That’s where [economic abuse] gets complicated,” Tracy told Rewire. “Some of it is the fault of the abuser, and some of it is the public policy failures that just don’t value women’s participation in the workforce.”
Victims working low-wage jobs often cannot save enough to leave an abusive situation, advocates say. What they do make goes toward paying bills, basic living needs, and their share of housing expenses—plus child-care costs if they have kids. In the end, they’re not left with much to live on—that is, if their abuser hasn’t taken away access to their own earnings.
“The ability to plan your future, the ability to get away from [abuse], that takes financial resources,” Tracy told Rewire. “It’s just so much harder when you don’t have them and when you’re frightened, and you’re frightened for yourself and your kids.”
Public labor policy can also inhibit a survivor’s ability to escape. This year, five states, Washington, D.C., and 24 jurisdictions will have passed or enacted paid sick leave legislation, according to A Better Balance, a family and work legal center in New York City. As of April, only one of those states—California—also passed a state paid family leave insurance law, which guarantees employees receive pay while on leave due to pregnancy, disability, or serious health issues. (New Jersey, Rhode Island, Washington, and New York have passed similar laws.) Without access to paid leave, Tracy said, survivors often cannot “exercise one’s rights” to file a civil protection order, attend court hearings, or access housing services or any other resource needed to escape violence.
Still, that doesn’t necessarily translate into practice. For example, the National Center for Transgender Equality found that 26 percent of transgender people were let go or fired because of anti-trans bias, while 50 percent of transgender workers reported on-the-job harassment. Research shows transgender people are at a higher risk of being fired because of their trans identity, which would make it harder for them to leave an abusive relationship.
“When issues like that intersect with domestic violence, it’s devastating,” Tracy told Rewire. “Frequently it makes it harder, if not impossible, for [victims] to leave battering situations.”
For many survivors, their freedom from abuse also depends on access to public benefits. Programs like Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), the child and dependent care credit, and earned income tax credit give low-income survivors access to the money and resources needed to be on stable economic ground. One example: According to the Center on Budget and Policy Priorities, where a family of three has one full-time nonsalary worker earning $10 an hour, SNAP can increase their take-home income by up to 20 percent.
These programs are “hugely important” in helping lift survivors and their families out of poverty and offset the financial inequality they face, Pentico said.
“When we can put cash in their pocket, then they may have the ability to then put a deposit someplace or to buy a bus ticket to get to family,” she told Rewire.
By slashing spending and imposing severe restrictions on public benefits, politicians are guaranteeing domestic violence survivors will remain stuck in a cycle of poverty, advocates say. They will stay tethered to their abuser because they will be unable to have enough money to live independently.
“When women leave in the middle of the night with the clothes on their back, kids tucked under their arms, come into shelter, and have no access to finances or resources, I can almost guarantee you she’s going to return,” Pentico told Rewire. “She has to return because she can’t afford not to.”
By contrast, advocates say that improving a survivor’s economic security largely depends on a state’s willingness to remedy what they see as public policy failures. Raising the minimum wage, mandating equal pay, enacting paid leave laws, and prohibiting employment discrimination—laws that benefit the entire working class—will make it much less likely that a survivor will have to choose between homelessness and abuse.
States can also pass proactive policies like the bill proposed in Pennsylvania, to make it easier for survivors to leave abusive situations in the first place. Last year, California enacted a law that similarly allows abuse survivors to terminate their lease without getting a restraining order or filing a police report permanent. Virginia also put in place an early lease-termination law for domestic violence survivors in 2013.
A “more equitable distribution of wealth is what we need, what we’re talking about,” Tracy told Rewire.
As Pentico put it, “When we can give [a survivor] access to finances that help her get and stay safe for longer, her ability to protect herself and her children significantly increases.”