News Abortion

After Leaving New Orleans, Anti-Choice Protesters Rally in Mississippi

Teddy Wilson

Operation Save America protesters gathered outside the headquarters of the Jackson, Mississippi, police department Monday. Inside, fellow anti-choice activists were facing criminal charges associated with protest activities.

After spending a week in New Orleans protesting clinics that provide abortion care, the private home of an abortion provider, and even a church, Operation Save America protesters gathered outside the headquarters of the Jackson, Mississippi, police department Monday. Inside, fellow anti-choice activists were facing criminal charges associated with protest activities. The charges stemmed from arrests outside the Jackson Women’s Health Organization (JWHO), the last remaining clinic that provides abortion care in the state.

Those protesting felt the arrests were unfair. “They say you’re in violation of the law, and right across the street there were commercial signs doing just the same thing. They didn’t arrest those people,” Rusty Thomas, the assistant director of OSA, told the ABC affiliate WAPT.

Philip “Flip” Benham, director of Operation Save America (OSA), told the Clarion-Ledger that they are frustrated with the “silly” city ordinances that prohibit signs from resting on the ground on public walkways. He also said that local law enforcement maintains a constant presence waiting to arrest any violators.

“One of the difficult places that we’ve had to deal with the police department is in Jackson, Mississippi,” Benham said. “We just returned from New Orleans where we’re dealing with a very professional police department that understands the first amendment. But unfortunately here in Jackson these police and this police department [have] made it paramount that Christians should not be allowed out in the street.”

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Three of the four individuals facing charges were found guilty by a Jackson Municipal Court judge, and one individual’s charges were dropped.

Roy McMillan was found guilty for obstructing the sidewalk entrance, as was Harriett Ashley, who was also found guilty for failing to obey a police officer. Both McMillan and Ashley are residents of Jackson, and regularly protest the JWHO clinic.

Chet Gallagher was found guilty of interference with a lawful business, while Cal Zastrow’s charges were dropped. Both Gallagher and Zastrow are involved with OSA protests activities and were in New Orleans for the week-long protests.

DuVergne Gaines, executive director of the Feminist Majority Foundation’s National Clinic Access Project, was in Jackson City Court for the proceedings. In a statement following the verdict, Gaines called the result a huge victory.

“These extremists were held accountable for obstructing access to the last remaining clinic in the state of Mississippi, the Jackson Women’s Health Organization,” Gaines said. “They have, literally, laid siege to this facility for the last two years since we learned its fate was in jeopardy because of Mississippi’s TRAP [targeted regulation of abortion providers] law. We’re thankful for the police department’s vigilance in enforcing the law.”

The convictions come a week after a lawsuit was filed on behalf of Pro-Life Mississippi in a U.S. District Court against the Jackson police department, accusing the department of “blatant and ongoing violation of free speech rights of pro-life advocates.”

Analysis Politics

Anti-Choice Democrats Employ ‘Dangerous,’ Contradictory Strategies

Ally Boguhn & Christine Grimaldi

Democrats for Life of America leaders, politicians, and rank-and-file supporters often contradict each other, and sometimes themselves, exposing a lack of coherent strategy at a time when the Democratic Party's platform is newly committed to increasing abortion access for all.

The national organization for anti-choice Democrats last month brought a litany of arguments against abortion to the party’s convention. As a few dozen supporters gathered for an event honoring anti-choice Louisiana Gov. John Bel Edwards (D), the group ran into a consistent problem.

Democrats for Life of America (DFLA) leaders, politicians, and rank-and-file supporters often contradicted each other, and sometimes themselves, exposing a lack of coherent strategy at a time when the Democratic Party’s platform is newly committed to increasing access to abortion care for all.

DFLA leaders and politicians attempted to distance themselves from the traditionally Republican anti-choice movement, but repeatedly invoked conservative falsehoods and medically unsupported science to make their arguments against abortion. One state-level lawmaker said she routinely sought guidance from the National Right to Life, while another claimed the Republican-allied group left anti-choice Democrats in his state to fend for themselves.

Over the course of multiple interviews, Rewire discovered that while the organization demanded that Democrats “open the big tent” for anti-choice party members in order to win political office, especially in the South, it lacked a coordinated strategy for making that happen and accomplishing its policy goals.

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Take, for example, 20-week abortion bans, which the organization’s website lists as a key legislative issue. When asked about why the group backed cutting off abortion care at that point in a pregnancy, DFLA Executive Director Kristen Day admitted that she didn’t “know what the rationale was.”

Janet Robert, the president of the group’s executive board, was considerably more forthcoming.

“Well, the group of pro-life people who came up with the 20-week ban felt that at 20 weeks, it’s pretty well established that a child can feel pain,” Robert claimed during an interview with Rewire. Pointing to the U.S. Supreme Court’s ruling in Roe v. Wade, which protected the right to legal abortion care before the point of fetal viability, Rogers suggested that “more and more we’re seeing that children, prenatal children, are viable around 20 to 22 weeks” of pregnancy.

Medical consensus, however, has found it “unlikely” that a fetus can feel pain until the third trimester, which begins around the 28th week of pregnancy. The doctors who testify otherwise in an effort to push through abortion restrictions are often discredited anti-choice activists. A 20-week fetus is “in no way shape or form” viable, according to Dr. Hal Lawrence, executive vice president of the American Congress of Obstetricians and Gynecologists.

When asked about scientific findings that fetuses do not feel pain at 20 weeks of pregnancy, Robert steadfastly claimed that “medical scientists do not agree on that issue.”

“There is clearly disagreement, and unfortunately, science has been manipulated by a lot of people to say one thing or another,” she continued.

While Robert parroted the very same medically unsupported fetal pain and viability lines often pushed by Republicans and anti-choice activists, she seemingly acknowledged that such restrictions were a way to work around the Supreme Court’s decision to make abortion legal.

“Now other legislatures are looking at 24 weeks—anything to get past the Supreme Court cut-off—because everybody know’s it’s a child … it’s all an arbitrary line,” she said, adding that “people use different rationales just to get around the stupid Supreme Court decision.”

Charles C. Camosy, a member of DFLA’s board, wrote in a May op-ed for the LA Times that a federal 20-week ban was “common-sense legislation.” Camosy encouraged Democratic lawmakers to help pass the abortion ban as “a carrot to get moderate Republicans on board” with paid family leave policies.

Robert also relied upon conservative talking points about fake clinics, also known as crisis pregnancy centers, which routinely lie to patients to persuade them not to have an abortion. Robert said DFLA doesn’t often interact with women facing unplanned pregnancies, but the group nonetheless views such organizations as “absolutely fabulous [be]cause they help the women.”

Those who say such fake clinics provide patients with misinformation and falsehoods about abortion care are relying on “propaganda by Planned Parenthood,” Robert claimed, adding that the reproductive health-care provider simply doesn’t want patients seeking care at fake clinics and wants to take away those clinics’ funding.

Politicians echoed similar themes at DFLA’s convention event. Edwards’ award acceptance speech revealed his approach to governing, which, to date, includes support for restrictive abortion laws that disproportionately hurt people with low incomes, even as he has expanded Medicaid in Louisiana.

Also present at the event was Louisiana state Rep. Katrina Jackson (D), responsible for a restrictive admitting privileges law that former Gov. Bobby Jindal (R) signed into law in 2014. Jackson readily admitted to Rewire that she takes her legislative cues from the National Right to Life. She also name-checked Dorinda Bordlee, senior counsel of the Bioethics Defense Fund, an allied organization of the Alliance Defending Freedom.

“They don’t just draft bills for me,” Jackson told Rewire in an interview. “What we do is sit down and talk before every session and see what the pressing issues are in the area of supporting life.”

Despite what Jackson described as a commitment to the constitutionality of her laws, the Supreme Court in March blocked admitting privileges from taking effect in Louisiana. Louisiana’s law is also nearly identical to the Texas version that the Court struck down in June’s Whole Woman’s Health v. Hellerstedt decision.

Jackson did not acknowledge the setback, speaking instead about how such measures protect the health of pregnant people and fetuses. She did not mention any legal strategy—only that she’s “very prayerful” that admitting privileges will remain law in her state.

Jackson said her “rewarding” work with National Right to Life encompasses issues beyond abortion care—in her words, “how you’re going to care for the baby from the time you choose life.”

She claimed she’s not the only Democrat to seek out the group’s guidance.

“I have a lot of Democratic colleagues in my state, in other states, who work closely with [National] Right to Life,” Jackson said. “I think the common misconception is, you see a lot of party leaders saying they’re pro-abortion, pro-choice, and you just generally assume that a lot of the state legislators are. And that’s not true. An overwhelming majority of the Democrat state legislators in our state and others are pro-life. But, we say it like this: We care about them from the womb to the tomb.”

The relationship between anti-choice Democrats and anti-choice groups couldn’t be more different in South Dakota, said state house Rep. Ray Ring (D), a Hillary Clinton supporter at DFLA’s convention event.

Ring said South Dakota is home to a “small, not terribly active” chapter of DFLA. The “very Republican, very conservative” South Dakota Right to Life drives most of the state’s anti-choice activity and doesn’t collaborate with anti-choice Democrats in the legislature, regardless of their voting records on abortion.

Democrats hold a dozen of the 70 seats in South Dakota’s house and eight of the 35 in the state senate. Five of the Democratic legislators had a mixed record on choice and ten had a pro-choice record in the most recent legislative session, according to NARAL Pro-Choice South Dakota Executive Director Samantha Spawn.

As a result, Ring and other anti-choice Democrats devote more of their legislative efforts toward policies such as Medicaid expansion, which they believe will reduce the number of pregnant people who seek abortion care. Ring acknowledged that restrictions on the procedure, such as a 20-week ban, “at best, make a very marginal difference”—a far cry not only from Republicans’ anti-choice playbook, but also DFLA’s position.

Ring and other anti-choice Democrats nevertheless tend to vote for Republican-sponsored abortion restrictions, falling in line with DFLA’s best practices. The group’s report, which it released at the event, implied that Democratic losses since 2008 are somehow tied to their party’s support for abortion rights, even though the turnover in state legislatures and the U.S. Congress can be attributed to a variety of factors, including gerrymandering to favor GOP victories.

Anecdotal evidence provides measured support for the inference.

Republican-leaning anti-choice groups targeted one of their own—Rep. Renee Ellmers (R-NC)—in her June primary for merely expressing concern that a congressional 20-week abortion ban would have required rape victims to formally report their assaults to the police in order to receive exemptions. Ellmers eventually voted last year for the U.S. House of Representatives’ “disgustingly cruel” ban, similarly onerous rape and incest exceptions included.

If anti-choice groups could prevail against such a consistent opponent of abortion rights, they could easily do the same against even vocal “Democrats for Life.”

Former Rep. Kathy Dalhkemper (D-PA) contends that’s what happened to her and other anti-choice Democrats in the 2010 midterm elections, which resulted in Republicans wresting control of the House.

“I believe that pro-life Democrats are the biggest threat to the Republicans, and that’s why we were targeted—and I’ll say harshly targeted—in 2010,” Dahlkemper said in an interview.

She alleged that anti-choice groups, often funded by Republicans, attacked her for supporting the Affordable Care Act. A 2010 Politico story describes how the Susan B. Anthony List funneled millions of dollars into equating the vote with support for abortion access, even though President Obama signed an executive order in the vein of the Hyde Amendment’s prohibition on federal funds for abortion care.

Dalhkemper advocated for perhaps the clearest strategy to counter the narrative that anti-choice Democrats somehow aren’t really opposed to abortion.

“What we need is support from our party at large, and we also need to band together, and we also need to continue to talk about that consistent life message that I think the vast majority of us believe in,” she said.

Self-described pro-choice Georgia House Minority Leader Rep. Stacey Abrams (D) rejected the narratives spun by DFLA to supporters. In an interview with Rewire at the convention, Abrams called the organization’s claim that Democrats should work to elect anti-choice politicians from within their ranks in order to win in places like the South a “dangerous” strategy that assumes “that the South is the same static place it was 50 or 100 years ago.”

“I think what they’re reacting to is … a very strong religious current that runs throughout the South,” that pushes people to discuss their values when it comes to abortion, Abrams said. “But we are capable of complexity. And that’s the problem I have. [Its strategy] assumes and reduces Democrats to a single issue, but more importantly, it reduces the decision to one that is a binary decision—yes or no.”

That strategy also doesn’t take into account the intersectional identities of Southern voters and instead only focuses on appealing to the sensibilities of white men, noted Abrams.

“We are only successful when we acknowledge that I can be a Black woman who may be raised religiously pro-life but believe that other women have the right to make a choice,” she continued. “And the extent to which we think about ourselves only in terms of white men and trying to convince that very and increasingly narrow population to be our saviors in elections, that’s when we face the likelihood of being obsolete.”

Understanding that nuances exist among Southern voters—even those who are opposed to abortion personally—is instead the key to reaching them, Abrams said.

“Most of the women and most of the voters, we are used to having complex conversations about what happens,” she said. “And I do believe that it is both reductive and it’s self-defeating for us to say that you can only win if you’re a pro-life Democrat.”

To Abrams, being pro-choice means allowing people to “decide their path.”

“The use of reproductive choice is endemic to how we as women can be involved in society: how we can go to work, how we can raise families, make choices about who we are. And so while I am sympathetic to the concern that you have to … cut against the national narrative, being pro-choice means exactly that,” Abrams continued. “If their path is pro-life, fine. If their path is to decide to make other choices, to have an abortion, they can do so.”

“I’m a pro-choice woman who has strongly embraced the conversation and the option for women to choose whatever they want to choose,” Abrams said. “That is the best and, I think, most profound path we can take as legislators and as elected officials.”

News Human Rights

Remaining Charges Dropped Against Officers in Freddie Gray Case

Michelle D. Anderson

Gray, who was Black, died of a neck injury a week after being taken into police custody in April 2015. The 25-year-old’s death led to widespread protest and civil disobedience against racial injustice and a number of reforms in Baltimore and across Maryland.

Three Baltimore Police Department officers charged in the 2015 death of Freddie Gray will not go to trial as originally planned.

Chief Deputy State Attorney Michael Schatzow of the Baltimore City State Attorney’s Office said during a court hearing Wednesday that his office would not prosecute Officer Garrett Miller and Sgt. Alicia White or attempt to retry Officer William Porter, whose case ended in a mistrial in December.

Baltimore City State’s Attorney Marilyn Mosby had charged Miller, White, and Porter, along with Officer Edward Nero, Officer Caesar Goodson Jr., and Lt. Brian Rice, in Gray’s May 2015 death in police custody.

The officers faced an array of charges, ranging from second-degree depraved-heart murder and reckless endangerment to second-degree assault and involuntary manslaughter.

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All of the officers pleaded not guilty.

Judge Circuit Judge Barry G. Williams acquitted Nero, Goodson, and Rice during bench trials that ended in May, June, and July, respectively. Miller’s trial was set to begin Wednesday; White, October 13, and Porter, September 6.

Gray, who was Black, died of a neck injury a week after being taken into police custody in April 2015. The 25-year-old’s death led to widespread protest and civil disobedience against racial injustice and a number of reforms in Baltimore and across Maryland.

Mosby, in filing charges against the officers, attempted to hold law enforcement accountable for failing to secure Gray in a seat belt after transporting him in a police van following his arrest, among other alleged negligent acts. Prosecutors charged that Gray was illegally detained before police officers found a knife in his pocket.

Mosby stood by her decision to bring charges against the six officers during a brief press conference held near the Gilmor Homes public housing project, where Gray was taken into police custody.

“We stand by the medical examiners determination that Freddie Gray’s death was a homicide,” Mosby said.

She touted her team’s success during the trials, including an appellate court victory that led some officers to testify against one another and asserted that a summary judgment was among many reasons she had “legitimate reasons” to pursue criminal charges.

Mosby praised the reforms that had come over the past year, including a new “use of force” policy Baltimore police instituted this year. The new policy emphasizes de-escalation and accountability. It marks the first rewrite of the policy since 2003.

“For those that believe I am anti-police, that’s simply not the case. I am anti-police brutality,” Mosby said.

The conference was the first time Mosby had spoken in months, since a gag order imposed by Williams had kept prosecution and defense alike from commenting on the police trials.

The decision to drop charges stemmed from “an apparent acknowledgement” that convictions were unlikely for the remaining officers, the Baltimore Sun reported.

This was because the prosecution would face major challenges during Miller’s trial since they wouldn’t be able to use anything he said on the witness stand during Nero’s trial in an attempt to convict him. Miller had spoken during Nero’s trial in an immunized testimony and with protections against self incrimination, the Sun reported.

Williams said in previous trials that prosecutors failed to show sufficient evidence to support their stance that the officers acted recklessly and caused Gray’s death. He said prosecutors wanted him to rely on “presumptions or assumptions” and rejected the notion that police intentionally gave Gray a “rough ride” in the police vehicle, according to numerous news reports.

The decision to drop charges drew criticism from many activists and citizens alike, but drew praise from the Baltimore City Fraternal Order of Police Lodge 3 union, which had repeatedly urged the prosecution to drop charges.

Baltimore Bloc, a local grassroots group, said in a statement this spring that Mosby should be removed from office for failing to secure convictions against officers and continued to criticize her on Twitter after the announcement that charges would be dropped.

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