The Kansas legislature is considering a bill that would make surrogate parents, gestational carriers, and anyone who assists them liable to up to a $10,000 fine or imprisonment of one year. But despite what some supporters of the legislation may say, criminalizing freely chosen reproductive actions is not part of the feminist project.
This January, the Kansas Senate Public Health and Welfare Committee held a hearing on a bill that would make surrogate parents, gestational carriers, and anyone who assists them liable to up to a $10,000 fine or imprisonment of one year. After the controversial hearing, the senate president and vice president, both conservative Republicans, issued statements clarifying their opposition to the measure.
Two women came from the coasts to testify in favor of SB 302: Jennifer Lahl from California and Kathleen Sloan from Connecticut. Lahl is a filmmaker who has made it her life’s mission not just to stop surrogacy but also more common forms of fertility treatments, including sperm donation. She also opposes stem-cell research. In short, Lahl is anti-choice. In addition to testifying against surrogacy in Kansas, she keynoted a Georgia Right to Life fundraising dinner and spoke at this year’s annual Cardinal O’Connor Conference on Life, which takes place at Georgetown University just before the annual March for Life.
Sloan is more complicated. At the hearing, she immediately identified herself as a board member of the National Organization for Women and continued to present what she believes is a feminist case for outlawing surrogacy. In doing so, Sloan upset the Kansas chapter of NOW, which said in a legislative alert following the hearing that she “did NOT speak for the Kansas National Organization for Women last week when she testified in favor of SB 302, nor was she speaking on National NOW policies.” (Disclosure: I know Sloan and used to serve as an officer on NOW’s board of directors.)
In any case, it’s important to debunk the idea that criminalizing surrogacy should be part of the feminist project. The assault on surrogacy, as well as fertility treatments in general, is yet another piece of the right’s battle against reproductive self-determination.
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Sloan and Lahl make a paternalistic case for why those who use assisted reproductive technology to conceive a child should face jail time. “First and foremost, surrogacy commodifies women and their bodies,” they said in a recent opinion piece in the St. Paul Pioneer Press opposing two Minnesota bills that would regulate surrogacy in the state.
Does this argument sound familiar? Anti-choice advocates love to claim that women must be protected from their own reproductive decision-making so as not to be “used” by men or others. It’s an argument that falls flat. You can’t claim that freedom comes from restricting freedom. In particular, freedom for a less privileged group will not be increased by having the state impose more restrictions upon them.
In her testimony before the Kansas committee, Sloan also raised concern that women who participate in surrogacy have “inadequate ‘informed’ consent” about what they may be doing. Once again, the argument is extremely paternalistic and assumes that women need guidance—often including anti-choice ideology—from the state in order to make decisions about the most intimate aspects of their lives. Indeed, we’ve heard this “right to know” song and dance before. It has led to 35 states requiring women to receive counseling before an abortion is performed, a third of which cite one of the most scientifically unsound talking points from the anti-choice choir book: that fetuses can supposedly feel pain.
In making what she believes is a women’s rights case for the criminalization of surrogacy, Sloan also expressed concern in her testimony that associated medical treatments, including in vitro fertilization (IVF), may harm women. While women who use IVF to conceive a child rarely report it was easy, they often say the outcome of having children was worth it—far from what an outside observer could properly classify as harm.
Further, the testimony painted a disempowering picture of those who freely choose to help another family have a child. “Surrogacy exploits poor, low-income, and otherwise financially vulnerable women,” she said in her testimony. She called women who might carry surrogate pregnancies to term “sitting ducks for exploitation and fraud.” This rhetoric insults women who serve as gestational carriers by portraying them as people who have no agency.
In contrast, Lynlee Weber, a Kansas resident who had served as a gestational carrier four times, testified at the same hearing. “When reading Senate Bill 302, my heart aches and my stomach turns,” she said. “Women must be able to decide for themselves if carrying a child for someone else is best for them. Intended parents must be able to decide for themselves if surrogacy is the best way for their child to enter this world.”
Nothing is more sacred than this right to fundamental self-determination, and it’s distressing to see the aegis of feminism applied to an extremely anti-choice effort to restrict reproductive rights. Sloan may be using her affiliations with women’s organizations to claim that surrogacy must be stopped, and it’s no question that Lahl benefits greatly by having a partner like her, but we must be clear that criminalizing freely chosen reproductive actions is not part of the feminist project, even if two people claim women will be exploited if we don’t.
Women don’t need to be protected from themselves. They certainly don’t need to be thrown in jail for harvesting their eggs or seeking assistance with infertility.
Indeed, family is what you make it. That’s a beautiful thing, and that’s feminist.
“Healthy Texas Women funding should be going directly to medical providers who have experience providing family planning and preventive care services, not anti-abortion organizations that have never provided those services," Heather Busby, executive director of NARAL Pro-Choice Texas, said in a statement.
Carol Everett, the founder and CEO of the group and a prominent anti-choice activist and speaker, told the AP her organization's contract with the state "is about filling gaps, not about ideology." ReelReactionMedia via Vimeo
A Texas anti-choice organization will receive more than $1.6 million in state funds from a reproductive health-care program designed by legislators to exclude Planned Parenthood.
The Heidi Group was awarded the second largest grant ever provided for services through the Healthy Texas Women program, according to the Associated Press.
Carol Everett, the founder and CEO of the group and a prominent anti-choice activist and speaker, told the AP her organization’s contract with the state “is about filling gaps, not about ideology.”
“I did not see quality health care offered to women in rural areas,” Everett said.
Heather Busby, executive director of NARAL Pro-Choice Texas, said in a statement that it was “inappropriate” for the state to award a contract to an organization for services that it has never performed.
“The Heidi Group is an anti-abortion organization, it is not a healthcare provider,” Busby said.
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State lawmakers in 2011 sought to exclude Planned Parenthood from the Texas Women’s Health Program, which was jointly funded through federal and state dollars. Texas launched a state-funded version in 2013, and this year lawmakers announced the Healthy Texas Women program.
Healthy Texas Women is designed help women between the ages of 18 and 44 with a household income at or below 200 percent of the federal poverty level, and includes $285 million in funding and 5,000 providers across the state.
Bubsy said the contract to the Heidi Group was “especially troubling” in light of claims made by Everett in response to a recent policy requiring abortion providers to cremate or bury fetal remains. Everett has argued that methods of disposal of fetal remains could contaminate the water supply.
“There’s several health concerns. What if the woman had HIV? What if she had a sexually transmitted disease? What if those germs went through and got into our water supply,” Everett told an Austin Fox News affiliate.
“The state has no business contracting with an entity, or an individual, that perpetuates such absurd, inaccurate claims,” Busby said. “Healthy Texas Women funding should be going directly to medical providers who have experience providing family planning and preventive care services, not anti-abortion organizations that have never provided those services.”
According to a previous iteration of the Heidi Group’s website, the organization worked to help “girls and women in unplanned pregnancies make positive, life-affirming choices.”
Texas Health and Human Services Commission spokesperson Bryan Black told the Texas Tribune that the Heidi Group had “changed its focus.”
The Heidi Group “will now be providing women’s health and family planning services required by Healthy Texas Women, including birth control, STI screening and treatment, plus cancer screenings to women across Texas,” Black said in an email to the Tribune.
Its current site reads: “The Heidi Group exists to ensure that all Texas women have access to quality health care by coordinating services in a statewide network of full-service medical providers.”
Everett told the American-Statesman the organization will distribute the state funds to 25 clinics and physicians across the state, but she has yet to disclose which clinics or physicians will receive the funds or what its selection process will entail.
She also disputed the criticism that her opposition to abortion would affect how her organization would distribute the state funds.
“As a woman, I am never going to tell another woman what to tell to do,” Everett said. “Our goal is to find out what she wants to do. We want her to have fully informed decision on what she wants to do.”
“I want to find health care for that woman who can’t afford it. She is the one in my thoughts,” she continued.
The address listed on the Heidi Group’s award is the same as an anti-choice clinic, commonly referred to as a crisis pregnancy center, in San Antonio, theTexas Observer reported.
Life Choices Medical Clinic offers services including pregnancy testing, ultrasounds, and well-woman exams. However, the clinic does not provide abortion referrals or any contraception, birth control, or family planning services.
The organization’s mission is to “save the lives of unborn children, minister to women and men facing decisions involving pregnancy and sexual health, and touch each life with the love of Christ.”
Republicans have tried to pass Trump's most recent comments off as a joke because to accept the reality of that rhetoric would mean going to the core of their entire party platform and their strategies. The GOP would have to come to terms with the toll its power plays are taking on the country writ large.
Donald Trump's rhetoric is part of a longer and increasingly dangerous effort by the GOP, aided by corporate-funded right-wing organizations and talk show hosts, to de-legitimize the federal government, undermine confidence in our voting system, play on the fears held by a segment of the population about tyranny and the loss of liberty, and intimidate people Republican leaders see as political enemies. Joseph Sohm / Shutterstock.com
This week, GOP presidential nominee Donald Trump stated that, if Hillary Clinton were elected and able to nominate justices to the Supreme Court, “Second Amendment people” might be able to do something about it. After blaming the media for “being dishonest” in reporting his statement, the Trump campaign has since tried to pass the comment off as a joke. However characterized, Trump’s statement is not only part of his own election strategy, but also a strategy that has become synonymous with those of candidates, legislators, and groups affiliated with the positions of the GOP.
To me, the phrase “Second Amendment people” translates to those reflexively opposed to any regulation of gun sales and ownership and who feel they need guns to arm themselves against the government. I’m not alone: The comment was widely perceived as an implicit threat of violence against the Democratic presidential nominee. Yet, GOP party leaders have failed to condemn his comment, with House Speaker Paul Ryan (R-WI) agreeing with the Trump campaign that it was “a joke gone bad.”
Republicans have tried to pass it off as a joke because to accept the reality of their rhetoric would mean going to the core of their entire party platform and their strategies. The GOP would have to come to terms with the toll its power plays are taking on the country writ large. The rhetoric is part of a longer and increasingly dangerous effort by the GOP, aided by corporate-funded right-wing organizations and talk show hosts, to de-legitimize the federal government, undermine confidence in our voting system, play on the fears held by a segment of the population about tyranny and the loss of liberty, and intimidate people Republican leaders see as political enemies.
Ironically, while GOP candidates and leaders decry the random violence of terrorist groups like Daesh—itself an outgrowth of desperate circumstances, failed states, and a perceived or real loss of power—they are perpetuating the idea of loss and desperation in the United States and inciting others to random violence against political opponents.
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Trump’s “Second Amendment” comment came after a week of efforts by the Trump campaign to de-legitimize the 2016 presidential election well before a single vote has been cast. On Monday, August 1, after polls showed Trump losing ground, he asserted in an Ohio campaign speech that “I’m afraid the election’s gonna be rigged, I have to be honest.”
Manufactured claims of widespread voter fraud—a problem that does not exist, as several analyses have shown—have nonetheless been repeatedly pushed by the GOP since the 2008 election. Using these disproven claims as support, GOP legislatures in 20 states have passed new voter restrictions since 2010, and still the GOP claims elections are suspect, stoking the fears of average voters seeking easy answers to complex problems and feeding the paranoia of separatist and white nationalist groups. Taking up arms against an illegitimate government is, after all, exactly what “Second Amendment remedies” are for.
Several days before Trump’s Ohio speech, Trump adviser Roger Stone suggested that the result of the election might be “illegitimate,” leading to “widespread civil disobedience” and a “bloodbath,” a term I personally find chilling.
Well before these comments were made, there was the hate-fest otherwise known as the Republican National Convention (RNC), during which both speakers and supporters variously called for Clinton to be imprisoned or shot, and during which New Jersey Gov. Chris Christie, a man not widely known for his high ethical standards or sense of accountability, led a mock trial of Hillary Clinton to chants from the crowd of “lock her up.” And that was the tame part.
The number of times Trump has called for or supported violence at his rallies is too long to catalogue here. His speeches are rife with threats to punch opponents; after the Democratic National Convention, he threatened to hit speakers who critiqued his policies “so hard their heads would spin.” He also famously promised to pay the legal fees of anyone who hurt protesters at his rallies and defended former campaign manager Corey Lewandowski after allegations surfaced that Lewandowski had assaulted a female Breitbart reporter.
A recent New York Times video compiled over a year of reporting at Trump rallies revealed the degree to which many of Trump’s supporters unapologetically express violence and hatred—for women, immigrants, and people of color. And Trump eschews any responsibility for what has transpired, repeatedly claiming he does not condone violence—his own rhetoric, that of his associates, and other evidence notwithstanding.
Still, to focus only on Trump is to ignore a broader and deeper acceptance, even encouragement of, incitement to violence by the GOP that began long before the 2016 campaign.
In 2008, in what may appear to be a now forgotten but eerily prescient peek at the 2016 RNC, then-GOP presidential nominee Sen. John McCain (R-AZ), and his running mate, former Alaska Gov. Sarah Palin, used race-baiting and hints at violence to gin up their crowds. First, Palin accused Obama of “palling around with terrorists,” a claim that became part of her stump speech. As a result, Frank Rich then wrote in the New York Times:
At McCain-Palin rallies, the raucous and insistent cries of “Treason!” and “Terrorist!” and “Kill him!” and “Off with his head!” as well as the uninhibited slinging of racial epithets, are actually something new in a campaign that has seen almost every conceivable twist. They are alarms. Doing nothing is not an option.
Nothing was in fact done. No price was paid by GOP candidates encouraging this kind of behavior.
In 2009, during congressional debates on the Affordable Care Act, opponents of the health-care law, who’d been fed a steady diet of misleading and sensationalist information, were encouraged by conservative groups like FreedomWorks and Right Principles, as well as talk show hosts such as Sean Hannity, to disrupt town hall meetings on the legislation held throughout the country. Protesters turned up at some town hall meetings armed with rifles with the apparent intention of intimidating those who, in supporting health reform, disagreed with them. In some cases, what began as nasty verbal attacks turned violent. As the New York Times then reported: “[M]embers of Congress have been shouted down, hanged in effigy and taunted by crowds. In several cities, noisy demonstrations have led to fistfights, arrests and hospitalizations.”
In 2010, as first reported by the Washington Post’s Greg Sargent, Tea Party candidate Sharron Angle, in an unsuccessful bid to unseat Senate Majority Leader Harry Reid (D-NV), suggested that armed insurrection would be the answer if “this Congress keeps going the way it is.” In response to a request for clarification by the host of the radio show on which she made her comments, Angle said:
You know, our Founding Fathers, they put that Second Amendment in there for a good reason and that was for the people to protect themselves against a tyrannical government. And in fact Thomas Jefferson said it’s good for a country to have a revolution every 20 years.
I hope that’s not where we’re going, but, you know, if this Congress keeps going the way it is, people are really looking toward those Second Amendment remedies and saying my goodness what can we do to turn this country around? I’ll tell you the first thing we need to do is take Harry Reid out.
Also in 2010, Palin, by then a failed vice-presidential candidate, created a map “targeting” congressional Democrats up for re-election, complete with crosshairs. Palin announced the map to her supporters with this exhortation: “Don’t retreat. Instead, reload!”
One of the congresspeople on that map was Arizona Democrat Gabby Giffords, who in the 2010 Congressional race was challenged by Jesse Kelly, a Palin-backed Tea Party candidate. Kelly’s campaign described an event this way:
Get on Target for Victory in November. Help remove Gabrielle Giffords from office. Shoot a fully automatic M16 with Jesse Kelly.
Someone took this literally. In January 2011, Jared Lee Loughner went on a shooting rampage in a Tuscon grocery store at which Giffords was meeting with constituents. Loughner killed six people and injured 13 others, including Giffords who, as a result of permanent disability resulting from the shooting, resigned from Congress. Investigators later found that Loughner had for months become obsessed with government conspiracy theories such as those spread by GOP and Tea Party candidates.
These events didn’t stop GOP candidates from fear-mongering and suggesting “remedies.” To the contrary, the goading continued. As the Huffington Post‘s Sam Stein wrote in 2011:
Florida Senate candidate Mike McCalister, who is running against incumbent Sen. Bill Nelson (D-Fla.), offered a variation of the much-lampooned line during a speech before the Palms West Republican Club earlier this week.
“I get asked sometimes where do I stand on the Second and 10th Amendment, and I have a little saying,” he declared. “We need a sign at every harbor, every airport and every road entering our state: ‘You’re entering a 10th Amendment-owned and -operated state, and justice will be served with the Second Amendment.’” [Emphasis added.]
These kinds of threats by the GOP against other legislators and even the president have goneunpunished by the leadership of the party. Not a word has come from either House Speaker Paul Ryan or Senate Majority Leader Mitch McConnell decrying these statements, and the hyperbole and threats have only continued. Recently, for example, former Illinois GOP Congressman Joe Walsh tweeted and then deleted this threat to the president after the killing of five police officers in Dallas, Texas:
“3 Dallas cops killed, 7 wounded,” former congressman Joe Walsh, an Illinois Republican, wrote just before midnight in a tweet that is no longer on his profile. “This is now war. Watch out Obama. Watch out black lives matter punks. Real America is coming after you.”
Even after the outcry over his recent remarks, Trump has escalated the rhetoric against both President Obama and against Clinton, calling them the “founders of ISIS.” And again no word from the GOP leadership.
This rhetoric is part of a pattern used by the right wing within and outside elections. Anti-choice groups, for example, consistently misrepresent reproductive health care writ large, and abortion specifically. They “target” providers with public lists of names, addresses, and other personal information. They lie, intimidate, and make efforts to both vilify and stigmatize doctors. When this leads to violence, as David Cohen wrote in Rolling Stone this week, the anti-choice groups—and their GOP supporters—shrug off any responsibility.
Some gun rights groups also use this tactic of intimidation and targeting to silence critique. In 2011, for example, 40 men armed with semi-automatic weapons and other guns surrounded a restaurant in Arlington, Texas, in which a mothers’ group had gathered to discuss gun regulations. “Second Amendment people” have spit upon women arguing for gun regulation and threatened them with rape. In one case, a member of these groups waited in the dark at the home of an advocate and then sought to intimidate her as she approached in her wheelchair.
The growing resort to violence and intimidation in our country is a product of an environment in which leading politicians not only look the other way as their constituents and affiliated groups use such tactics to press a political point, but in which the leaders themselves are complicit.
These are dangerous games being played by a major political party in its own quest for power. Whether or not Donald Trump is the most recent and most bombastic evidence of what has become of the GOP, it is the leadership and the elected officials of the party who are condoning and perpetuating an environment in which insinuations of violence will increasingly lead to acts of violence. The more that the right uses and suggests violence as a method of capturing, consolidating, and holding power, the more they become like the very terrorists they claim to be against.
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