The Genie is OUT!

A flood of state laws restricting abortion rights have moved us toward the Twilight Zone, a place where a woman no longer would hold agency over the functions of her body. But that genie is out of the bottle. Women will not give up their hard won freedom.

What are these state laws? Some require the doctor to give a woman information about reversing the procedure (part of the emotion strategy) or show her an ultrasound of the fetus (for an extra charge, part of the money strategy). Some ban abortions if a fetal heartbeat can be found (part of the medical strategy). Still other state laws have come in through the back door by restricting when or how abortion clinics can operate, or which medical personnel can provide abortion services (part of the access strategy).

Special interest zealots have pushed laws banning abortion if the fetus shows signs of Down syndrome. Other laws would ban abortion after six weeks or 12 weeks or some other arbitrary period which in many cases would cut off access before the woman even knows she’s pregnant or before prenatal testing could discover genetic or development abnormalities.

But wait. Before progressives stroke out over all this, keep in mind this is part of a long struggle over women’s rights that’s been going on since the beginning of time. Women are not going to accept a step backwards.

I grew up in a time when women weren’t supposed to enjoy sex. It was only men who might indulge in multiple partners while retaining their sterling reputations. In fact, experience with multiple sex partners enhanced a man’s reputation. As the receptacle of male seed whether through premarital or extramarital sex, rape, or marriage relations, women were left to deal with the problem of conception and unwanted pregnancies. The child might be put up for adoption, or for those wealthy enough, a quiet vacation overseas lasted long enough to dispose of the entire issue.

Women weren’t supposed to enjoy sex because receiving male seed and laboring to give birth was the punishment for tempting Adam to defy God’s order not to eat that forbidden apple. Of course Adam wasn’t responsible for what he did with the apple, a perfect metaphor for the male’s lack of responsibility for impregnating a woman.

That’s the story, in a nutshell, of the current furor over abortion rights. Men have to relieve their needs. Women have to clean up after them. If she chooses to abort, conservatives want the procedure to be high risk, out of the hands of medical professionals and back in the alleys so that the price she pays might be sterility or death.

The advent of modern medicine and the pharmaceutical industry gave women birth control pills. The basic research for the pill became possible when Russell Marker discovered that generations of Mexican women had been eating a certain wild yam — the Barbasco root, also called cabeza de negro — for contraception. It was from these yams that Marker was able to extract the progestin that Gregory Pincus combined with estrogen to formulate the first birth control pill. That was the 1950s.

It took another twenty years to clear regulatory and legal hurdles so that women could use the pill for contraception. At first, doctors wouldn’t prescribe it to unmarried women. A court case brought by Planned Parenthood finally cleared the way for all women to gain access to the pill.

In 1973, the Roe v Wade decision granted women the legal right to control what happened inside her body. The Court ruled 7–2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman’s decision to have an abortion, but that this right must be balanced against the state’s interests in regulating abortions: protecting women’s health and protecting the potentiality of human life. Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the third trimester of pregnancy.[1]

Women still have to get a doctor’s prescription to obtain the pill. And religious and conservative groups have murdered doctors, burned clinics, and passed a long string of state laws to fight the Roe v Wade decision. One explanation of this opposition is explained as follows:

Birth control (BC) allows us to separate sex from its “true nature” as a solely procreative act that should be only happen in a heterosexual marriage for the purpose of (or, at least, with ‘openness to’) making babies. When we teach people about BC, allow them easy access to it and condone its use, it divorces sex from this purpose and allows it to become an activity for anyone, regardless of marital status, to partake in for fun, bonding, pleasure, etc. Essentially – because it allows people to have premarital sex without the proper, natural, consequences.

Then, as more people have sex without wanting kids, there is a higher chance that someone will have an unwanted pregnancy as all BC has some failure rate. If all women just practiced abstinence until they were married (which is the only moral and correct path), there would be no abortions…[2]

Never mind that many married women who already have children seek abortions for obvious reasons—more children to feed, clothe, and care for never mind providing suitable education so that each child has a realistic chance at success in life. It also ignores the terrible outcome of fetuses with extreme physical or genetic abnormalities and/or of high risk to the mother’s life.

That is all God’s will, according to the fundamentalists. But so is infertility and that doesn’t keep religionists from seeking artificial insemination. So are cancer and heart attacks and broken bones.

But aside from problems of conception amid the pleasures of sex, the ongoing culture war between conservatives and progressives is about male power and control. Conservative male testicles have been shrinking ever since the female genie emerged from the bottle, since women gained the right to vote, own property in her own name, or seek a divorce. But those little ‘nads have really shriveled since the pill and Roe v Wade.

Under patriarchal beliefs, women were created to serve men, produce his children, and see to their upkeep. This view of women undergirds the current Republican agenda and accounts for evangelical support of a president unfit for office but willing to grant their agenda in order to gain and stay in power.

Thus we have current efforts in various red states to draw the circle tighter around abortion. It’s their belief that the new lineup of SCOTUS justices will find one or more of these state laws as a staging point to overturn Roe. The die is cast. The conservatives finally will have their showdown.

But wait. Does anyone think for an instant that women will shrink back into the shadows and submit to a renewed reign of male authority?

If so, quickly disabuse yourself of that idea. Women will continue to access birth control and abortion, even if the entire industry has to go underground. After all, people drank like fish during alcohol prohibition and smoked marijuana during 90 years of reefer madness.

The genie is out and she’s not going back.

Genie by inSOLense.deviantart.com on @DeviantArt

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[1] https://en.wikipedia.org/wiki/Roe_v._Wade

[2] https://www.reddit.com/r/Abortiondebate/comments/b7clk4/why_are_so_many_prolife_people_against_birth/

Forced Birth

This week the Arkansas legislature has exceeded its standards for ignorance and arrogance with Senate Bill 2, which outlaws abortion in cases where the fetus is genetically impaired with Down syndrome. The text of the bill, https://legiscan.com/AR/text/SB2/id/1959872/Arkansas-2019-SB2-Draft.pdf, specifies felony charges against any physician who performs an abortion for a woman with a Down syndrome fetus.

Let that sink in. A woman cannot terminate a genetically impaired fetus. She cannot save herself or her family or their future from the staggering workload of caring for someone with an IQ of 50, who in 80% of cases can never live independently or work to support his or herself, who will be subject to serious medical issues such as  congenital heart defectepilepsyleukemiathyroid diseases, and mental disorders. About half will suffer severe sleep apnea, throat infections, chronic constipation, and high rates of various cancers, to name but a few.

This is yet another play by the Forced Birth movement, not content to let women and couples decide when and how to put their unique sets of DNA into the world.

Who pays for this? Well, even though Arkansas has so far removed over 15,000 people from its Medicaid services for failing to report work hours, anyone born with Down syndrome is automatically qualified for Medicaid. For life.

Between medical costs and the sheer physical and emotional effort involved in raising a Down syndrome child, the state is seriously overstepping its moral authority to force this on anyone.

Also not mentioned in the discussion of this issue coming before the House next week is the very real problem of further contaminating the human genome, already under assault from chemical pollution that reduces sperm count and increases birth defects. According to Wikipedia, “Males with Down syndrome usually do not father children, while females have lower rates of fertility relative to those who are unaffected. Fertility is estimated to be present in 30–50% of females. …Around half of the children of someone with Down syndrome will also have the syndrome.”

No one is forcing women to abort a genetically impaired fetus. If a woman chooses to keep such a pregnancy and enter into the lifelong commitment of caring for the impaired child, that is her rightful choice. The state should leave it at that.

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The Long Road

I’m firmly convinced that protesting the Senate’s confirmation vote to place Brett Kavanaugh on the Supreme Court is a waste of time. Many of us saw this exact development looming back in 2016 with the election of Trump to the presidency. Putting conservative judges on the high court has been the primary goal of the far right for decades.

All manner of maneuvering has gone into saving the fetus, that pre-human internal development unique to women. The interests of corporate wealth have long since learned how to use this hot-button issue to inflame the religious right, driving voters to the polls. The result has been the increasing power of the One-Percenters to influence politics for their own gain. Thus we have Trump, a One-Percenter, appointing conservative justices who fulfill this fetus-obsessed promise.

One wonders what issue the One-Percenters will use to control the right when Roe v Wade is overturned.

The movement toward tamping down women’s rights didn’t start with the protest against Roe v Wade. It has been ongoing since well before women won the right to vote in 1920. Conservative men and women opposed voting rights for women based on strongly held beliefs which continue to echo through conservative views today.

There were several concerns that drove the anti-suffrage argument. Anti-suffragists felt that giving women the right to vote would threaten the family institution …that women’s highest duties were motherhood and its responsibilities. Some saw women’s suffrage as in opposition to God’s will.  [Many opponents] shared a religiously based criticism of suffrage and believed women should be only involved with children, kitchen and church. Some anti-suffragists didn’t want the vote because they felt it violated traditional gender norms.

There were also those who thought that women could not handle the responsibility of voting because they lacked knowledge of that beyond the domestic sphere and they feared government would be weakened by introducing this ill-informed electorate…

… Anti-suffragists claimed that they represented the “silent majority” of America who did not want to enter the public sphere by gaining the right to vote…

[After 1917], the anti-suffrage movement focused less on the issue of suffrage and began to spread fear of radical ideas and to use “conspiratorial paranoia.” Suffragists were accused of subversion of the government and treason. They were also accused of being socialists, “Bolsheviks” or “unpatriotic German sympathizers.”

Anti-suffrage movements in the American South included an appeal to conservatism and white supremacy. In Virginia, the National Association Opposed to Woman Suffrage chapter even linked race riots to women’s suffrage.[1]

The idea of women as flawed humans in need of male control rests at the foundation of Abrahamic religions and most early world cultures, so it’s not surprising that women’s suffrage and subsequent gains of women’s rights are painted by the same brush. It all goes back to mythological Eve and her temptation of Adam in the Garden of Eden which caused God to banish the couple to the mortal world where man would labor by the sweat of his brow and women would suffer the agonies of childbirth; “a view that women are considered as bearers of Eve’s guilt and that the woman’s conduct in the fall is the primary reason for her universal, timeless subordinate relationship to the man.”[2]

We can’t examine prehistory to unveil the root causes of such ideas about women, though many have tried. Were early tribal cultures primarily matriarchal along the same lines as other mammalian species? In this theory, subjugation of women occurred when men serving as warriors in early civilizations conquered their rulers, holding women under their control thereafter as a result of superior physical strength.[3] Possibly evolution has played a role by the forced attrition of women who rebelled against their larger, stronger male overlords and either died at men’s hands or suffered rape, abuse, and the loss of offspring in situations where the woman alone could not feed herself or her children. Thus the genetics of originally-dominant women dwindled.

Arguably, in the modern first world where men and women are educated equally and have gained, at least in theory, the right to equal treatment under the law, whatever happened in the past can be set aside in favor of a new view of all humans. Thus the fervent belief of many modern women that the U.S. Senate would hear the truth of Christine Blasey Ford in her testimony about her ill treatment at the hands of fellow high school student Brett Kavanaugh.

But such a belief would be incredibly naïve and ignores the growing rush to homeschooling and private schools where religion determines the curriculum, now encouraged by Trump’s education secretary Betsy DeVos. We haven’t come that far, not when it’s been only 100 years since women gained the right to vote and less than fifty years since women gained the legal right to determine what happens inside her own body.

Not when 4,000-plus years of civilization record the systematic suppression of women in all avenues of life, owned by men for the purpose of bearing children and keeping the home fires burning.

Not when so many women want to be owned and reject the idea of being independent.

Conservatives, by nature, want to hold onto the past. In times changing as rapidly as the 20th and now the 21st centuries – from horse and buggy and subsistence farming to cell phones, bionic limbs, and worldwide Internet – a sincere fear grows deep in the hearts of those who only want to maintain the existing order of things. It’s no surprise that something as fundamental as the subordination of women would serve as one of the guideposts of modern conservatism. It follows then that the primary outrage over women’s rise to equality would nestle in her womb, formerly the property and future of male power.

So it’s not about Kavanaugh. It’s not about Christine Blasey Ford. It’s about the last institution of the United States government that must be converted to a conservative view in order to put the genie back in the bottle. That this conversion violates the fundamental premise of the judicial branch of government flies past in the rear view mirror in this increasingly frantic need to cling to the past. Any corruption of the Founding Fathers’ intent is justified.

The problem isn’t that Ford’s testimony was brushed aside in the rush to fulfill the Republican objective. Despite the heartfelt (45-minute) justification by Senator Susan Collins (R-Maine) for her vote to confirm Kavanaugh, the day will come when Kavanaugh and other conservative justices will face a case challenging Roe v Wade. Whether Collins’ belief in Kavanaugh’s statement that Roe is “established law” is proven justified remains to be seen. Of greater import will be the decisions of conservative justices, all men, in answering the question of how far women have really come.

Are women still lesser than men, unequal and incapable of making the right decision about their bodies and the potential offspring their bodies might produce? Is the reasoning of the 1973 decision still reasonable, that “criminalizing abortion in most instances violated a woman’s constitutional right of privacy, which it found to be implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment (“…nor shall any state deprive any person of life, liberty, or property, without due process of law”).”[4]

I believe Collins ignored the subtext in Kavanaugh’s statements to her about his stance on Roe being “settled law.” He made it clear there were exceptions to established law, that being “rare circumstances where a decision is ‘grievously wrong’ or ‘deeply inconsistent with the law.”[5] It doesn’t take a genius to see the enormous loophole here for Kavanaugh to vote against Roe by citing laws against “murder,” as abortion has been framed, thus seeing legal abortion as “grievously wrong.”

I take comfort in statistics about the ideology of justices which seem to show a moderating effect on initial stances resulting from experience on the high court. This parallels the experience of journalists who, as a result of working on the front lines of social upheaval, become more “liberal” in their viewpoint. Liberal, Progressive — “favoring or implementing social reform,” “moving forward or onward : advancing.” We can only hope.

And vote. Like our lives depend on it.

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[1] https://en.wikipedia.org/wiki/Anti-suffragism

[2] https://en.wikipedia.org/wiki/Fall_of_man

[3] See for example https://www.abctales.com/story/lailoken/rise-and-fall-goddess-and-descent-woman

[4] https://www.britannica.com/event/Roe-v-Wade

[5] https://www.collins.senate.gov/newsroom/senator-collins-announces-she-will-vote-confirm-judge-kavanaugh