News Law and Policy

Louisiana Committee Passes Bill Preventing Removal of Mechanical Support From Pregnant Women

Teddy Wilson

The state's House Health and Welfare Committee unanimously approved a bill Wednesday that would prohibit a family from directing physicians to remove mechanical support from a brain-dead pregnant woman.

A bill that would make Louisiana the 13th state to invalidate any advance directives when a patient is pregnant, regardless of the viability of the fetus, is moving through the state legislature. The state’s House Health and Welfare Committee unanimously approved a bill Wednesday that would prohibit a family from directing physicians to remove mechanical support from a brain-dead pregnant woman.

The bill, sponsored by Rep. Austin Badon (D-New Orleans), is being considered shortly after a man in Texas fought back after a hospital said it had no choice but to keep his wife, who had been declared brain-dead, on mechanical support to continue her pregnancy, despite her end-of-life directives and family’s wishes. The case drew national attention and debate over the role state government should play in determining end-of-life decisions of pregnant women.

Last November, Marlise Munoz was hospitalized and placed on mechanical support after collapsing in her home during the 14th week of her pregnancy. Munoz’s husband, Erick, said that he and his wife had previously talked specifically about not wanting “to be kept alive by machines.” However, according to Texas law, the hospital could override those wishes and attempt to save her fetus.

While the public debate ignited by Munoz’s story focused much on “pro-choice” or “pro-life” ideologies, the Munoz family did not view it in that light. Munoz’s mother, Lynne Machado, told Rewire, “This is about educating the public of a law that people don’t know about, and hopefully avoiding the pain and, frankly, the pure hell we’ve all gone through with this situation.”

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In January, two months after Munoz collapsed in her home, she was removed from mechanical support under an order, which the hospital did not appeal, issued by the 96th District Court of Tarrant County, Texas.

Louisiana’s bill, HB 1274, which was originally filed as HB 348, would create a similar law in Louisiana that the Munoz family fought against in Texas. The bill would prohibit the “withholding or withdrawing of life-sustaining procedures from a pregnant woman.” The bill does make exceptions for when maintaining mechanical support would not “permit the continuing development and live birth of the unborn child,” or would be “physically harmful to the pregnant woman,” or “[c]ause pain to the pregnant woman that cannot be alleviated by medication.”

The original version of the bill, HB 248, had broader implications, including a provision that would have superseded “do not resuscitate” orders and other legal documents that a woman may have in place to be kept off mechanical support.

HB 1274 now moves to the full house for debate and vote.

Analysis Economic Justice

New Pennsylvania Bill Is Just One Step Toward Helping Survivors of Economic Abuse

Annamarya Scaccia

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.”

In fact, members of the public who have not experienced domestic abuse may overlook financial abuse or minimize it. A 2009 national poll from the Allstate Foundation—the philanthropic arm of the Illinois-based insurance company—revealed that nearly 70 percent of Americans do not associate financial abuse with domestic violence, even though it’s an all-too-common tactic among abusers: Economic violence happens in 98 percent of abusive relationships, according to the NNEDV.

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.”

Public Policy as a Means of Economic Justice

Still, advocates say that public policy, particularly disparate workplace conditions, plays an enormous role in furthering financial abuse. The populations who are more likely to be victims of domestic violence—women, especially trans women and those of color—are also the groups more likely to be underemployed or unemployed. A 2015 LGBT Health & Human Services Network survey, for example, found that 28 percent of working-age transgender women were unemployed and out of school.

“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.

Furthermore, only a handful of state laws protect workers from discrimination based on sex, sexual orientation, gender identity, and pregnancy or familial status (North Carolina, on the other hand, recently passed a draconian state law that permits wide-sweeping bias in public and the workplace). There is no specific federal law that protects LGBTQ workers, but the U.S. Employment Opportunity Commission has clarified that the Civil Rights Act of 1964 does prohibit discrimination based on gender identity and sexual orientation.

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.

But these programs are under constant attack by conservative lawmakers. In March, the House Republicans approved a 2017 budget plan that would all but gut SNAP by more than $150 million over the next ten years. (Steep cuts already imposed on the food assistance program have led to as many as one million unemployed adults losing their benefits over the course of this year.) The House GOP budget would also strip nearly $500 billion from other social safety net programs including TANF, child-care assistance, and the earned income tax credit.

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.”

Culture & Conversation Abortion

The Comic Book That Guided Women Through Abortion Months After ‘Roe’

Sam Meier

Abortion Eve used the stories of fictional girls and women to help real ones understand their options and the law. At the same time the comic explained how to access abortion, it also asserted that abortion was crucial to women's health and liberation.

“Can you picture a comic book on abortion on the stands next to Superman?”

In June 1973, Joyce Farmer and Lyn Chevli wrote to the National Organization for Women in Chicago, asking this question of their “dear sisters” and pushing them to envision a world where women’s experiences could be considered as valiant as the superhero’s adventures. They enclosed a copy of their new comic book, Abortion Eve.

Published mere months after the Supreme Court’s January 1973 Roe v. Wade ruling, Abortion Eve was intended to be a cheap, effective way to inform women about the realities of abortion. Like the few other contemporaneous comic books dealing with abortion, Abortion Eve‘s primary purpose was to educate. But for a comic dominated by technical information about surgical procedures and state laws, Abortion Eve nonetheless manages to be radical. Though abortion had so recently been illegal—and the stigma remained—the comic portrays abortion as a valid personal decision and women as moral agents fully capable of making that decision.

The comic follows five women, all named variations of “Eve,” as counselor Mary Multipary shepherds them through the process of obtaining abortions. Evelyn is an older white college professor, Eva a white dope-smoking hippie, Evie a white teenage Catholic, Eve a working Black woman, and Evita a Latina woman. Evelyn, Eve, and Evita are all married and mothers already.

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Their motivations for getting an abortion differ, too. Evita and Eve, for instance, wish to protect themselves and their loved ones by keeping their families smaller. Sixteen-year-old Evie is the poster child for sexual naiveté. Pregnant after her first time having sex, she spends most of the comic wrestling with guilt. “It’s all so ugly!” she exclaims. “I thought sex was supposed to be beautiful!”

Teenager Evie, one of the characters in the comic book Abortion Eve, breaks down as counselor Mary Multipary asks questions about her pregnancy. (Joyce Farmer)

Nonplussed, the older Eves talk her through her choices. As Eve reminds her, “Like it or not, you are a woman now, and you are going to have to decide.”

In an interview with Rewire, Farmer said that the plot of Abortion Eve was a direct outgrowth of her and Chevli’s experiences in the nascent women’s health movement. Both women had started working as birth control and “problem pregnancy” counselors at the Free Clinic in Laguna Beach, California, soon after it opened in 1970. Archival documents at Indiana University’s Kinsey Institute show that Chevli and Farmer visited Los Angeles abortion providers in December 1972, on a business trip for the Free Clinic. According to Farmer, one of the doctors they met approached the pair with the idea of doing a comic about abortion to publicize his clinic.

Earlier that year, the women had produced one of the first U.S. comic books written, drawn, and published by women, Tits & Clits alpha (the “alpha” distinguished the comic from subsequent issues). So they took the doctor’s idea and ran with it. They decided to use their newly founded comics publishing company, Nanny Goat Productions, to educate women, particularly teenagers, about abortion.

At the Free Clinic, Chevli and Farmer had seen all kinds of women in all kinds of situations, and Abortion Eve attempts to reflect this diversity. As Farmer noted in an interview, she and Chevli made sure that the Eves were all different races, ages, and socioeconomic backgrounds in order to demonstrate that all kinds of women get abortions.

Farmer had made the choice to get an abortion herself, when her IUD failed in 1970. The mother—of a 12-year-old son—who was putting herself through college at the University of California at Irvine, she decided that she couldn’t afford another child.

California had liberalized its abortion laws with the Therapeutic Abortion Act of 1967, but the law was still far from truly liberal. Before Roe, California women seeking abortions needed doctors (a gynecologist and two “specialists in the field”) to submit recommendations on their behalf to the hospital where the abortion would take place. Then, a committee of physicians approved or denied the application. Only women who could pay for therapeutic abortions—those needed for medical reasonscould get them.

For Farmer, as for so many others, the process was onerous. After an hour, the psychiatrist who had interviewed her announced that she would not be eligible, as she was mentally fit to be a mother. Stunned, Farmer told the doctor that if he denied her an abortion, she would do it herself. Taking this as a suicide threat, her doctor quickly changed his mind. She wrote later that this experience began her political radicalization: “I was astounded that I had to prove to the state that I was suicidal, when all I wanted was an abortion, clean and safe.”

Farmer and Chevli began work on Abortion Eve before Roe v. Wade, when abortion was still illegal in many states. After the Supreme Court’s decision, they added a page for “more info” on the ruling. Yet even as they celebrated Roe, the women weren’t yet sure what would come of it.

The comic reflects a general confusion regarding abortion rights post-Roe, as well as women’s righteous anger over the fight to gain those rights. On the day of her abortion, for example, Evita tells Eve that, at five months pregnant, she just “slipped in” the gestational limits during which women could have abortions.

Eve explains that women now have the right to an abortion during the first three to six months of a pregnancy, but that the matter is far from settled in the courts. After all, Roe v. Wade said that states did have some interest in regulating abortion, particularly in the third trimester.

“I get mad when they control my body by their laws!” Eve says. “Bring in a woman, an’ if the problem is below her belly button and it ain’t her appendix, man—you got judges an’ lawyers an’ priests an’ assorted greybeards sniffin’ an’ fussin’ an’ tellin’ that woman what she gonna do an’ how she gonna do it!”

Abortion Eve Dialogue

Abortion Eve confronts the reality that abortion is a necessity if women are to live full sexual lives. Writing to the underground sex magazine Screw in September 1973 to advertise the comic, Chevli noted, “Surely if [your readers] screw as much as we hope, they must have need for an occasional abortion—and our book tells all about it.”

Six months after they published the comic, in December 1973, Chevli and Farmer traveled to an Anaheim rally in support of Roe outside the American Medical Association conference. They were met by a much larger group of abortion opponents. Chevli described the scene in a letter to a friend:

300 to 8. We weren’t ready, but we were there. Bodies … acquiescing, vulnerable females, wanting to show our signs, wanting to be there, ready to learn. Oh, Christ. Did we learn. It was exhausting. It was exciting. We were enervated, draged [sic] around, brung up, made to feel like goddesses, depressed, enlightened … bunches of intangible things. I have rarely experienced HATE to such a massive extent. 

That wasn’t the last feedback that Chevli and Farmer received about their views on abortion. In fact, during the course of Nanny Goat’s publishing stint, the majority of complaints that the independent press received had to do with Abortion Eve. Several self-identified Catholics objected to the “blasphemous” back cover, which featured MAD Magazine‘s Alfred E. Neuman as a visibly pregnant Virgin Mary with the caption: “What me worry?”

As archival documents at the Kinsey Institute show, other critics castigated Chevli and Farmer for setting a bad example for young women, failing to teach them right from wrong. One woman wrote them a letter in 1978, saying “You have not only wasted your paper, time, money, but you’ve probably aided in the decision of young impressionable girls and women who went and aborted their babies.”

Farmer and Chevli responded to such charges by first thanking their critics and then explaining their reasons for creating Abortion Eve. In another response, also in the Kinsey archives, Chevli wrote, “Whether abortion is right or wrong is not our concern because we do not want to dictate moral values to others. What we do want to do is educate others to the fact that abortion is legal, safe, and presents women with a choice which they can make.”

Today, abortion opponents like Louisiana Rep. Mike Johnson (R) frame abortion as the “dismemberment” of unborn children, suggesting that women who seek abortions are, in essence, murderers. With Abortion Eve, Chevli and Farmer dared to suggest that abortion was and is an integral part of women’s social and sexual liberation. Abortion Eve is unapologetic in asserting that view. The idea that abortion could be a woman’s decision alone, made in consultation with herself, for the good of herself and of her loved ones, is as radical an idea today as it was in the 1970s.

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