Commentary Violence

The Real Work of Rosa Parks: Not Just Refusing to Move to the Back of the Bus, But Combating Sexual Violence

Jasmine Burnett

As we commemorate the 50th anniversary of the March on Washington for Jobs and Freedom, let’s hope that we also pay homage to the whole of Rosa Park's life by doing everything we can, during the next 50 years, to end sexual assault and domestic violence.

Black women stand at the intersection of two well-developed ideologies in America, one about women and one about Black people. In 1944, a Black woman organized others in her community to protect and defend Black women and girls against violations of sexual assault in the Jim Crow South. As branch secretary of the Montgomery NAACP, she investigated the acts of rampant sexual violence committed against Black women. She was responsible for collecting testimonies of Black women and girls’ hostile experiences in the workplace, social spaces, and those committed at the dark end of the street.

Her name was Rosa Parks.

For many years, she led local and national coalitions, created national media opportunities, and urged Black women to “speak out” in the struggle against sexual violence. Though her contribution to the progress of Black people is mainly attributed to her refusing to move to the back of the bus, her actual work and its impact on the humanity of Black women and girls in the face of overt sexual violence is not widely discussed.

The reasons for this oversight can be linked to multiple levels of oppression and omissions that are the foundation of racism in America. However, what we discover when we explore the complete history of this Black woman, is that she was a radical Black feminist organizer long before the politic of today recognized the term. Books, like Danielle L. McGuire’s At the Dark End of the Street: Black Women, Rape and Resistance—A New History of the Civil Rights Movement From Rosa Parks to the Rise of Black Power, highlight a legacy of Rosa Parks that both acknowledges and documents the violent history Black women suffered at the hands of both Black and white men.

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While some may want to dismiss this violence as a thing of the past, the reality is that Black women continue to be victims of domestic abuse and sexual assault in large numbers. In fact, a recent national survey of African Americans’ attitudes toward reproductive health conducted by Belden Russonello Strategists found that 45 percent of African-American women have experienced or know someone who has experienced sexual assault.

The lengthy battle over the reauthorization of the Violence Against Women Act (VAWA) tells us that we still have a long way to go before policymakers fully acknowledge this problem. The massive push by the public that finally led to its passage, however, gives us hope that the public wants strong prevention measures in place and assistance to all women along the spectrum of femininity, sexual orientation, and gender identity. The passage of VAWA extends federal protection and support for lesbian, gay, bisexual, and transgender people and other historically marginalized communities. National organizations like Black Women’s Blueprint, a civil and human rights organization of women and men, use advocacy, education, and healing to address the historical implications and current concerns specific to the sexual assault of women of African descent.

So as we commemorate the 50th anniversary of the March on Washington for Jobs and Freedom, let’s hope that we also pay homage to the whole of Rosa Park’s life by doing everything we can, during the next 50 years, to end sexual assault and domestic violence.

Analysis Abortion

Legislators Have Introduced 445 Provisions to Restrict Abortion So Far This Year

Elizabeth Nash & Rachel Benson Gold

So far this year, legislators have introduced 1,256 provisions relating to sexual and reproductive health and rights. However, states have also enacted 22 measures this year designed to expand access to reproductive health services or protect reproductive rights.

So far this year, legislators have introduced 1,256 provisions relating to sexual and reproductive health and rights. Of these, 35 percent (445 provisions) sought to restrict access to abortion services. By midyear, 17 states had passed 46 new abortion restrictions.

Including these new restrictions, states have adopted 334 abortion restrictions since 2010, constituting 30 percent of all abortion restrictions enacted by states since the U.S. Supreme Court decision in Roe v. Wade in 1973. However, states have also enacted 22 measures this year designed to expand access to reproductive health services or protect reproductive rights.

Mid year state restrictions

 

Signs of Progress

The first half of the year ended on a high note, with the U.S. Supreme Court handing down the most significant abortion decision in a generation. The Court’s ruling in Whole Woman’s Health v. Hellerstedt struck down abortion restrictions in Texas requiring abortion facilities in the state to convert to the equivalent of ambulatory surgical centers and mandating that abortion providers have admitting privileges at a local hospital; these two restrictions had greatly diminished access to services throughout the state (see Lessons from Texas: Widespread Consequences of Assaults on Abortion Access). Five other states (Michigan, Missouri, Pennsylvania, Tennessee, and Virginia) have similar facility requirements, and the Texas decision makes it less likely that these laws would be able to withstand judicial scrutiny (see Targeted Regulation of Abortion Providers). Nineteen other states have abortion facility requirements that are less onerous than the ones in Texas; the fate of these laws in the wake of the Court’s decision remains unclear. 

Ten states in addition to Texas had adopted hospital admitting privileges requirements. The day after handing down the Texas decision, the Court declined to review lower court decisions that have kept such requirements in Mississippi and Wisconsin from going into effect, and Alabama Gov. Robert Bentley (R) announced that he would not enforce the state’s law. As a result of separate litigation, enforcement of admitting privileges requirements in Kansas, Louisiana, and Oklahoma is currently blocked. That leaves admitting privileges in effect in Missouri, North Dakota, Tennessee and Utah; as with facility requirements, the Texas decision will clearly make it harder for these laws to survive if challenged.

More broadly, the Court’s decision clarified the legal standard for evaluating abortion restrictions. In its 1992 decision in Planned Parenthood of Southeastern Pennsylvania v. Casey, the Court had said that abortion restrictions could not impose an undue burden on a woman seeking to terminate her pregnancy. In Whole Woman’s Health, the Court stressed the importance of using evidence to evaluate the extent to which an abortion restriction imposes a burden on women, and made clear that a restriction’s burdens cannot outweigh its benefits, an analysis that will give the Texas decision a reach well beyond the specific restrictions at issue in the case.

As important as the Whole Woman’s Health decision is and will be going forward, it is far from the only good news so far this year. Legislators in 19 states introduced a bevy of measures aimed at expanding insurance coverage for contraceptive services. In 13 of these states, the proposed measures seek to bolster the existing federal contraceptive coverage requirement by, for example, requiring coverage of all U.S. Food and Drug Administration approved methods and banning the use of techniques such as medical management and prior authorization, through which insurers may limit coverage. But some proposals go further and plow new ground by mandating coverage of sterilization (generally for both men and women), allowing a woman to obtain an extended supply of her contraceptive method (generally up to 12 months), and/or requiring that insurance cover over-the-counter contraceptive methods. By July 1, both Maryland and Vermont had enacted comprehensive measures, and similar legislation was pending before Illinois Gov. Bruce Rauner (R). And, in early July, Hawaii Gov. David Ige (D) signed a measure into law allowing women to obtain a year’s supply of their contraceptive method.

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But the Assault Continues

Even as these positive developments unfolded, the long-standing assault on sexual and reproductive health and rights continued apace. Much of this attention focused on the release a year ago of a string of deceptively edited videos designed to discredit Planned Parenthood. The campaign these videos spawned initially focused on defunding Planned Parenthood and has grown into an effort to defund family planning providers more broadly, especially those who have any connection to abortion services. Since last July, 24 states have moved to restrict eligibility for funding in several ways:

  • Seventeen states have moved to limit family planning providers’ eligibility for reimbursement under Medicaid, the program that accounts for about three-fourths of all public dollars spent on family planning. In some cases, states have tried to exclude Planned Parenthood entirely from such funding. These attacks have come via both administrative and legislative means. For instance, the Florida legislature included a defunding provision in an omnibus abortion bill passed in March. As the controversy grew, the Centers for Medicare and Medicaid Services, the federal agency that administers Medicaid, sent a letter to state officials reiterating that federal law prohibits them from discriminating against family planning providers because they either offer abortion services or are affiliated with an abortion provider (see CMS Provides New Clarity For Family Planning Under Medicaid). Most of these state attempts have been blocked through legal challenges. However, a funding ban went into effect in Mississippi on July 1, and similar measures are awaiting implementation in three other states.
  • Fourteen states have moved to restrict family planning funds controlled by the state, with laws enacted in four states. The law in Kansas limits funding to publicly run programs, while the law in Louisiana bars funding to providers who are associated with abortion services. A law enacted in Wisconsin directs the state to apply for federal Title X funding and specifies that if this funding is obtained, it may not be distributed to family planning providers affiliated with abortion services. (In 2015, New Hampshire moved to deny Title X funds to Planned Parenthood affiliates; the state reversed the decision in 2016.) Finally, the budget adopted in Michigan reenacts a provision that bars the allocation of family planning funds to organizations associated with abortion. Notably, however, Virginia Gov. Terry McAuliffe (D) vetoed a similar measure.
  • Ten states have attempted to bar family planning providers’ eligibility for related funding, including monies for sexually transmitted infection testing and treatment, prevention of interpersonal violence, and prevention of breast and cervical cancer. In three of these states, the bans are the result of legislative action; in Utah, the ban resulted from action by the governor. Such a ban is in effect in North Carolina; the Louisiana measure is set to go into effect in August. Implementation of bans in Ohio and Utah has been blocked as a result of legal action.

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The first half of 2016 was also noteworthy for a raft of attempts to ban some or all abortions. These measures fell into four distinct categories:

  • By the end of June, four states enacted legislation to ban the most common method used to perform abortions during the second trimester. The Mississippi and West Virginia laws are in effect; the other two have been challenged in court. (Similar provisions enacted last year in Kansas and Oklahoma are also blocked pending legal action.)
  • South Carolina and North Dakota both enacted measures banning abortion at or beyond 20 weeks post-fertilization, which is equivalent to 22 weeks after the woman’s last menstrual period. This brings to 16 the number of states with these laws in effect (see State Policies on Later Abortions).
  • Indiana and Louisiana adopted provisions banning abortions under specific circumstances. The Louisiana law banned abortions at or after 20 weeks post-fertilization in cases of diagnosed genetic anomaly; the law is slated to go into effect on August 1. Indiana adopted a groundbreaking measure to ban abortion for purposes of race or sex selection, in cases of a genetic anomaly, or because of the fetus’ “color, national origin, or ancestry”; enforcement of the measure is blocked pending the outcome of a legal challenge.
  • Oklahoma Gov. Mary Fallin (R) vetoed a sweeping measure that would have banned all abortions except those necessary to protect the woman’s life.

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In addition, 14 states (Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, South Carolina, South Dakota, Tennessee and Utah) enacted other types of abortion restrictions during the first half of the year, including measures to impose or extend waiting periods, restrict access to medication abortion, and establish regulations on abortion clinics.

Zohra Ansari-Thomas, Olivia Cappello, and Lizamarie Mohammed all contributed to this analysis.

News Law and Policy

Texas Could Be Next to Give Police Hate Crime Protections

Teddy Wilson

Police officers have shot and killed 165 people in Texas since the start of 2015. Of those, 35 were Black men, 12 of whom were unarmed. There were 2 officers killed by firearms in Texas in 2015.

Texas Gov. Greg Abbott (R) announced Monday that he would ask the state legislature to pass a law classifying acts of violence committed against law enforcement officers as hate crimes, mimicking a similar measure passed by Louisiana lawmaker.

Abbott said in a statement that the proposal is intended to send a message.

“At a time when law enforcement officers increasingly come under assault simply because of the job they hold, Texas must send a resolute message that the State will stand by the men and women who serve and protect our communities,” Abbott said.

Abbott will ask the GOP-held Texas legislature to pass the Police Protection Act during the upcoming 2017 legislative session, which convenes in January. The proposal would extend hate crime protections to law enforcement officers.

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Abbott’s proposal would increase criminal penalties for any crime against a law enforcement officer, regardless of whether or not the crime qualifies as a hate crime. The proposal would create a campaign to “educate young Texans on the value law enforcement officers bring to their communities.”

Abbott’s proposal comes in the wake of a shooting in Dallas that left five police officers dead, and six others injured. Micah Xavier Johnson targeted police officers during a peaceful Black Lives Matter protest, before he was killed by law enforcement.  

Police officers killed at least 1,146 people in the United States in 2015, according to the Guardian’s database The Counted. Police officers have shot and killed 165 people in Texas since the start of 2015. Of those, 35 were Black men, 12 of whom were unarmed, according to the Guardian’s database. There were two officers killed by gunfire in Texas in 2015, according to the National Law Enforcement Officers Memorial Fund (NLEOMF).

Police in Texas have shot and killed 53 people so far in 2016, per the Guardian‘s database.

The Dallas shooting increased the urgency of calls to increase the penalties for violence against law enforcement.

U.S. Sen. John Cornyn (R-TX) introduced similar legislation in Congress, designed to make killing a police officer a federal crime. Cornyn said in a statement that police officers protect communities and deserve “unparalleled support.”

Louisiana Gov. John Bel Edwards (D) in May signed into law the so-called Blue Lives Matter bill, which amended the state’s hate crime law to include acts of violence against any “law enforcement officer, firefighter, or emergency medical services personnel.”

Proponents of laws creating more penalties for crimes against law enforcement claim these measures are needed because of a growing threat of targeted violence against law enforcement. Data shows that violence against law enforcement has declined to historically low levels, while killings of civilians by police officers have risen dramatically.

Violent attacks on law enforcement officers are lower under President Obama than they have been under the previous four presidential administrations, according to the Washington Post’s analysis of data from the Officers Down Memorial Page.

During the Reagan presidency, there was an average of 101 law enforcement officers intentionally killed per year; during the George H.W. Bush administration, there was an average of 90 police killed per year; during the Clinton years, there was an average of 81 police killings annually; and during George W. Bush’s presidency, there was an average of 72 police killings via stabbings, gunfire, bombings, and vehicular assault per year.

There have been an average of 62 law enforcement officers killed annually during Obama’s seven and a half years in the White House.

The number of Texans who died during the course of an arrest almost doubled from 2005 to 2015, according to an analysis of state data by the Dallas Morning News. The increase in deaths coincided with a 20 percent reduction in the number of arrests statewide.

Matt Simpson, a policy strategist at the ACLU of Texas, told the Dallas Morning News that the number of deaths during arrests in Texas add to the evidence of systemic racism within the justice system.

“We have pretty strong evidence in a variety of ways that the criminal justice system is disproportionate,” Simpson said. “These numbers are unfortunately stark reminders.”