Roe v. Wade archives

Abortion on demand and without apology (Kiwi edition)

(Via The Hand Mirror 2008-06-11, via The Hand Mirror 2008-06-17, via comments on feministe 2008-06-16.)

New Zealand’s abortion law, unlike, for example, the United States’s existing case law, does not recognize a basic privacy right to abort a pregnancy without government interference. The law is restrictive in theory, but applied fairly liberally in practice; like many abortion law reform proposals that were entertained in the United States in the years shortly before Roe v. Wade, it requires a woman to get permission from institutionally-privileged consultants before she can get an abortion, but the criteria for permitting a therapeutic abortion are broad enough (especially under the heading of the pregnant woman’s mental health) that they can be, and are, handed out pretty liberally. But as Cindy Cisler pointed out in 1969, no matter how superficially liberal an abortion law regime may be, these kind of requirements for mediating reproductive choice through politically-anointed medical experts are really a dangerous trap, just waiting to be sprung. Thus, witness Justice Forrest Miller’s recent ruling on the workings of the Kiwi Abortion Supervisory Committee:

In a review of the workings of the Abortion Supervisory Committee, initiated by Right To Life New Zealand, Justice Forrest Miller said there was a reason to doubt the lawfulness of many abortions.

Jusice Miller was delivering his judgment following a hearing at the High Court at Wellington in April.

Right to Life had claimed the Abortion Supervisory Committee had failed to properly interpret the Contraception Sterilisation and Abortion Act, so full regard is given to the rights of unborn children.

It sought to find the committee had failed its statutory duty to review the procedure for abortions and enquire into the circumstances in which consultants authorised abortions on mental health grounds.

It said the committee had failed to seek proper information on the mental health grounds from consultants.

It also sought to find the committee had failed in its duty to ensure adequate counselling facilities were available.

A registered practitioner can only lawfully carry out an abortion if they act under a certificate issued by two certifying consultants.

The Abortion Supervisory Committee said it had no power to review or oversee the clinical decision-making process.

It denied New Zealand had abortion on request, and said there was no evidence of this.

In his judgment Justice Miller found the Abortion Supervisory Committee had applied the abortion law more liberally than Parliament had intended.

There is reason to doubt the lawfulness of many abortions authorised by certifying consultants, he said.

Justice Miller said the abortion law neither confers or recognises a legal right to life of the unborn child.

However, he said the Bill of Rights, through the abortion law, had recognised the unborn child had a claim on the conscience of the community, and not merely that of the mother.

stuff.co.nz (2008-06-10): Abortion law being used too liberally

Give me a call when the fetus has a claim on the bodies of the community, and not merely that of the mother.

Then maybe they can have something to say about it. In the meantime, though, as long as it’s just weighing on their consciences and not on their abdomens, it really is merely the mother, not the rest of the community, whose conscientious deliberation ought to matter when it comes to continuing the pregnancy. Of course, the bellowing busybody blowhard brigade has every right to be just as loudmouthed as they want to be, on their own time, in their own space, and on their own nickel, about what their consciences tell them ought to happen in other people’s wombs. But certainly neither they, nor the government, has any right to commandeer another woman’s reproductive system against her will, or to coerce her into even one more day of pregnancy or forced labor for the sake of satisfying their own qualms.

Abortion on demand and without apology.

See also:

Who usurps the usurpers?

I celebrated Roe v. Wade Day today by recalling the radical, anti-statist heritage of the pro-choice feminist movement. Lew Rockwell, on the other hand, celebrated it by reporting an anti-choice campaign endorsement for Chairman Ron’s Great Libertarian Electoral Revolution:

Today – the 35th anniversary of the Supremes’ Roe v. Wade usurpation – Norma McCorvey (Roe) has endorsed Ron Paul for president.

In passing, Rockwell describes the 1973 Supreme Court ruling in Roe v. Wade as a usurpation. But a usurpation against whom?

The only thing that Roe does, legally speaking, is restrain the action of state governments, by forbidding them from passing certain kinds of abortion laws, on the claim that any such law conflicts with the requirements imposed on the several states by the United States Constitution. But depriving someone of a legal power can only count as usurpation if the person or people you’re depriving had some kind of legitimate authority for you to usurp. And since when do anti-war, anti-state pro-secession anarchists believe that state governments have any kind of legitimate authority at all?

Roe v. Wade Day #35

Blog for Choice Day * January 22, 2008

The most important thing feminists have done and have to keep doing is to insist that the basic reason for repealing the laws and making abortions available is justice: women’s right to abortion.

There are many reasons why a woman might seek a late abortion, and she should be able to find one legally if she wants it. She may suddenly discover that she had German measles in early pregnancy and that her fetus is deformed; she may have had a sudden mental breakdown; or some calamity may have changed the circumstances of her life: whatever her reasons, she belongs to herself and not to the state.

Lucinda Cisler (1969): Abortion law repeal (sort of): a warning to women

To-day is the 35th anniversary of the United States Supreme Court’s ruling in Roe v. Wade, the jubilee day on which abortion laws were repealed in every state of the United States, and the United States judiciary recognized, finally, even if in a limited and limiting way, every woman’s fundamental human right to control her own body, and to exercise her rightful self-ownership, if she sees fit, to refuse the use of her reproductive organs to Man, Fetus, and State. There’s a lot not to like about the specifics of the reasoning in Roe, and it’s often frustrating that Roe is the ruling that we’ve got to celebrate, or at least defend. But if nothing else, it is worth celebrating the pro-choice feminist movement that made Roe inevitable, and which won Roe for the capstone of a remarkable, explosive struggle, over the course of just under 4 years, from the decisive beginning of the pro-choice feminist movement in early 1969, to the Supreme Court decision in January 1973. (There was a small, barely effectual abortion law reform movement before 1969; but February and March 1969 marked the beginning of the abortion law repeal movement, and also the beginning of the pro-choice argument — that is, early 1969 is when the argument shifted from the old tack of getting people to feel sorry for the poor desperate girl, to the new demand by radicalized women for their right to the determine how their own bodies will or will not be used.) The repeal movement exploded basically out of nowhere, at a time when abortion was criminalized in every one of the 50 states. Led by a coalition of radical Women’s Liberationists and radicalized ordinary women, the new movement quickly shoved aside the male experts, both reactionary and reformist, who had dominated the discourse for decades beforehand, threw out the request for piecemeal reforms (of the rape-incest-health of the mother variety), demanded instead the complete repeal of all abortion laws, and then won, first with the New York state repeal in 1971, and then with the nation-wide repeal in January 1973. That’s something to remember, and to celebrate.

Men don’t get pregnant, men don’t bear children. Men just make laws.

Redstockings demonstrator, at a New York legislative hearing on abortion laws, 13 February 1969

Like all anniversaries, this is a good day for remembering, and for honoring. One of the things I think it is most important to remember on this day, in spite of, or perhaps because of, the way in which the occasion is attached to a legal ruling handed down by nine men in black robes, is a matter of strategy. It is all too easy to make the latest political cockfight out as the be-all and end-all of pro-choice activism; to realize, correctly, that the legal position of abortion rights is really precarious and to leap, incorrectly, to the conclusion that if Roe falls, that will be the end of it. No it won’t. The pro-life State had its guns trained on us before, and we beat it. If it turns its guns on us again, that will be terrible, but we will beat it again nevertheless. Perhaps by once again forcing the hand of state legislators or the courts. Or perhaps not. There are other ways to get it done. Here is how a group of women in Chicago took matters into their own hands, years before Roe, without the blessing of the male experts and in defiance of the man-made Law, in order to make justice for their sisters a reality.

Radical women in Chicago poured their energy into Jane, an abortion referral service initiated by Heather Booth, who had been a one-woman grapevine for her college classmates. In 1971, after Booth’s departure, some of the women took matters into their own hands and secretly began to perform the abortions themselves. Safe, compassionate terminations for a modest fee became their high calling—a model, as they saw it, for women’s empowerment after the revolution.

Leaflets appeared in the Hyde Park neighborhood of the University of Chicago bearing a simple message: Pregnant? Don’t want to be? Call Jane at 643-3844. The number rang at the home of one of the activists who volunteered to be Jane. As word spread and the volume of calls increased, the service acquired its own phone line and an answering machine, a cumbersome reel-to-reel device that was one of the first on the market. Volunteers, known inside the service as call-back Janes, visited the abortion seekers to elicit crucial medical details (most important was lmp, the number of weeks since the last menstrual period), then another level of volunteers scheduled an appointment with one of the abortionists on the group’s list.

At first the service relied on Mike in Cicero, who was fast, efficient, and willing to lower his price to five hundred dollars as the volume increased. Mike gradually let down his guard with Jody Parsons, his principal Jane contact, an artisan who sold her beaded jewelry and ceramics at street fairs and was a survivor of Hodgkin’s disease. The clandestine abortionist and the hippy artisan struck up a bond. When Mike confessed that he was not in fact a real doctor but merely a trained technician, she cajoled him into teaching her his skills. Jody’s rapid success in learning to maneuver the dilating clamps, curettes, and forceps demystified the forbidden procedures for another half dozen women in Jane. If he can do it, then we can do it became their motto.

Madeline Schwenk, a banker’s daughter who had married at twenty, six months pregnant with no clue whatsoever about how to get an abortion, moved from counseling to vacuum aspiration after Harvey Karman, the controversial director of a California clinic, came to Chicago to demonstrate his technique. Madeline was one of the few women in Jane who was active in NOW, and who stayed affiliated with the Chicago chapter during the year she wielded her cannula and curette for the service. I’d get up in the morning, make breakfast for my three kids, go off to do the abortions, then go home to make dinner, she reminisces. Pretty ourageous behavior when you think about it. But exciting.

Jane’s abortion practitioners and their assistants were able to handle a total of thirty cases a day at affordable fees—under one hundred dollars. A doctor and a pharmacist among the women’s contacts kept them supplied with antibiotics.

Fear of police surveillance in radical circles had its match among clandestine abortionists who relied on a complicated rigamarole of blindfolds and middlemen. Jane straddled both worlds. Abortion seekers gathered every Wednesday, Thursday, and Friday at a front apartment, usually the home of a Jane member or friend, and were escorted by Jane drivers to the Place, a rented apartment where the abortions were performed. The fronts and the Place changed on a regular basis. New volunteers, brought into the group by counselors and drivers, went through a probation period before they were told that women in Jane were doing the abortions. The news did not sit well with everyone. Turnover was high, from fear and from burnout, although the service usually maintained its regular complement of thirty members.

Jane lost most of its middle-class clientele after the New York law [repealing the state’s abortion ban] went into effect. Increasingly it began to service South Side women, poor and black, who did not have the money to travel out of state, and whose health problems, from high blood pressure to obesity, were daunting. Pressure on the providers intensified. Audaciously they added second-trimester abortionsby induced miscarriage to their skills.

On May 3, 1972, near the conclusion of a busy work day in an eleventh-floor apartment on South Shore Drive overlooking Lake Michigan, Jane got busted. Seven women, including Madeline Schwenk, were arrested and bailed out the following day. The Chicago Daily News blared Women Seized in Cut-Rate Clinic in a front-page banner. The Tribune buried Lib Groups Linked to Abortions on an inside page. Six weeks later the service was back in buinsess. Wisely, the women facing criminal charges selected a defense attorney who was clued in to and optimistic about the national picture. She advised them to hang tight—some interesting developments were taking place in Washington that could help their case. (After the January 1973 Roe decision, all outstanding charges against the seven were dropped.)

The activists of Jane believe they performed more than ten thousand abortions. It’s a ballpark figure based on the number of procedures they remember doing in a given week. For security reasons they did not keep records.

—Susan Brownmiller, In Our Time: Memoir of a Revolution, pp. 123—125

The repeal of the abortion laws in the United States wasn’t a gift handed down out of benevolence by a gang of old men in robes. It was struggled for, and won, by women in our own times. It didn’t take ballot boxes; it didn’t take political parties; it didn’t take clever legal briefs. It took radical women who stood up for themselves, who challenged the authority of self-appointed male experts and law-makers, who spoke truth to power, who took things into their own hands and helped their sisters, in defiance of the law, because they knew that they had a right to do it, and to hell with any law and any government that said otherwise. Radical feminists who built a movement for their own freedom over a matter of months and decisively changed the world in less than five years. It’s not just that we owe the Redstockings, Cindy Cisler, Heather Booth, Jody Parsons, Madeline Schwenk, and so many others our praise. They do deserve our cheers, but they also deserve our study and our emulation. They did amazing things, and we — feminists, leftists, anti-statists — owe it not only to them, but to ourselves, to honor them by trying to learn from their example.

Further reading:

Choice

It's very simple.

We put the “Arch” in “Anarchy” #2

David Gordon — a Rothbardian anarchist and frequent contributor to anti-state, anti-war, pro-market LewRockwell.com — wrote an Open Letter To Libertarians on Ron Paul in which he denounces the running-dog radical libertarians who oppose Chairman Ron’s Great Libertarian Electoral Revolution. Here’s what he has to say about opposition to Chairman Ron’s position on abortion:

No power to regulate abortion is granted to the federal government. Some of course claim that the Fourteenth Amendment changes matters, but it requires very strained interpretation to conjure a right to abortion out of the text of this Amendment. One critic of Ron Paul has admitted that Roe v. Wade is bad law but thinks we should somehow get to the correct pro-abortion view. Is this not to surrender the possibility of constitutional limits on the federal government?

Yes. So what?

Anarchists don’t believe in constitutional government.

On Ron Paul’s support for an even more aggressive police state to enforce international apartheid:

Some object to Ron Paul because he does not support an open borders immigration policy. But why should one take this position to be essential to libertarianism? Hans Hoppe has raised strong objections to open borders; and Murray Rothbard, in his last years, abandoned the view. Free immigration combined with a welfare state is a dangerous brew: does it make sense to reject Ron Paul because he cannot accept it?

Yes.

Anarchists don’t believe in national borders and they don’t believe in a federal police state to enforce them.

It may be true that when you combine something fundamentally moral — free immigration — with something completely immoral — a coercive welfare state funded by expropriated tax funds — you’ll get bad consequences from the combination. But that’s a good reason to try to limit or eliminate the immoral part of the combination, by undermining or dismantling the apparatus of taxation and government welfare. It’s certainly not a good reason to try to limit or eliminate the moral part of the combination by escalating the federal government’s surveillance, recording, searching, beating, jailing, and exiling innocent people. Anarchists have no reason to accept the latter, either as a policy position, or even as a matter about which reasonable libertarians can agree to disagree.

Oddly, some of the same people who condemn Ron Paul for apostasy are themselves so devoted to left libertarianism that they subordinate libertarian principles to certain cultural values. They favor gender equality and are concerned lest we think ill of certain preferred minority groups. Libertarianism, they think, will best promote these values, and this fact is for them a chief reason to support libertarianism.

Since Gordon refuses to identify any individuals whose specific positions he is criticizing, it’s hard to tell whether he’s referring to the essay on libertarian feminism that Roderick Long and I co-authored, or whether he means to refer to somebody else. (If so, whom?) So it’s hard to know whom he expects to answer him when he asks:

Does not the question then arise, should libertarianism be subordinated to these values?

If he does intend to refer to my position, then he’s made two serious mistakes.

First, I don’t think that libertarianism should be subordinated to certain cultural values such as radical feminism. I believe that libertarianism, rightly understood, is both compatible with and mutually reinforcing with the cultural values of radical feminism, rightly understood. (For a more detailed explanation of the different kinds of links that there may be between libertarianism and radical feminism, see my reply to Jan Narveson on thick libertarianism.) The independent merit of radical feminism is one reason to support libertarianism as a political project (because opposing the patriarchal State is of value on feminist grounds), but that’s never been the sole reason or the primary reason I have suggested for being a libertarian. The primary reason to be a libertarian is that the libertarian theory of individual rights is true. From the standpoint of justice, the benefits that a stateless society offers for radical feminism are gravy. If there were some kind of proposal on the table to advance radical feminist goals by statist means, then I would reject the proposal, in favor of proposals that advance radical feminist goals by anti-statist means.

Second, libertarianism is not conceptually equivalent to actively supporting the most libertarian candidate in a government election. Libertarianism is a theory of political justice, not a particular political party or candidate. If one invokes feminist, anti-racist, or any other reasons not to actively support Ron Paul’s candidacy, those reasons may be good reasons or they may be bad reasons. But they are reasons for subordinating one particular strategy for libertarian outreach and activism — a strategy which, by the way, has basically zero empirical evidence whatever in favor of its effectiveness — to other concerns. But so what? There’s no reason for libertarians, and especially not for anarchists, to treat government elections as the be-all and end-all of libertarian principle.

Further reading:

Roe v. Wade Day #34

This post is part of Blog for Choice Day, January 22, 2007

Today is the 34th anniversary of the Supreme Court’s decision in Roe v. Wade. In honor of the day there is a lot I want to say about abortion rights, and also an important announcement I want to make about a new project. But the dialectic and the announcement will both have to wait until the next couple days thanks to the demands of work; for now, I will mostly be repeating what I said last year.

There’s a lot not to like about the specifics of the reasoning in Roe, and it’s sometimes frustrating that Roe is the ruling that we’ve got to celebrate, or at least defend. But the decision did concretely take the boots of the male State from off the necks of millions of women across the United States. January 22 is a jubilee day, representing one of the chief victories of a remarkable, explosive struggle — which took place over the course of just under 4 years, from the decisive beginning of the feminist pro-choice movement in early 1969, to the decision in January 1973. (There was a small, barely effectual abortion law reform movement before 1969; but February and March 1969 marked the beginning of the abortion law repeal movement, and also the beginning of the pro-choice argument — that is, early 1969 is when the argument shifted from the old tack of getting people to feel sorry for the poor desperate girl, to the new demand by radicalized women for their right to the determine how their own bodies will or will not be used.)

Abortion on Demand and Without Apology!

Like most anniversaries, this one is partly about remembering and honoring. Today there are three things that I want you to remember, or to learn.

First, you should know all about two months that made all the difference. This is from Susan Brownmiller’s In Our Time: Memoir of a Revolution:

February 1969 was an important month in the abortion struggle. Larry Lader, a biographer of Margaret Sanger, summoned a handful of professionals in law and medicine to the Drake Hotel in Chicago for the organizing conference of NARAL, the National Association for Repeal of Abortion Laws. (NARAL became the National Abortion Rights Action League in 1974.) The conferees targeted specific states where they believed the repressive codes could be knocked down. New York, with its liberal constituency, was a top priority. Bills ranging from modest reforms (in cases of rape and incest) to outright repeal of all criminal penalties were already in the legislative hopper.

Betty Friedan, one of the main speakers at the Chicago NARAL meeting, reflected the changing political climate. At NOW’s founding convention in 1966, she had bowed to a clique that insisted that abortion rights were too divisive, too sexual, and too controversial for the fledgling organization, but since then a groundswell of younger members had stiffened her spine. NOW was being inundated by kids, one member observed. The kids from New York, Michigan, Ohio, Texas, and elsewhere pushed through an abortion plank at NOW’s 1967 convention.

And the kids were forging ahead with their own tactics. On the same wintry day in mid-February when NARAL’s founders were traveling to Chicago for their first conference six state legislators held a public hearing in Manhattan on some proposed liberalizing amendments to the New York law. Typical of the times, the six legislators were men, and the spekaers invited to present expert testimony were fourteen men and a Catholic nun.

On the morning of the February 13 hearing, a dozen infiltrators camouflaged in dresses and stockings entered the hearing room and spaced themselves around the chamber. Some called themselves Redstockings, and some, like Joyce Ravitz, wre free-floating radicals who were practiced hands at political disruptions. Ravitz, in fact, had been on her way to another demonstration when she’d run into the Redstockings women, who convinced her to join them.

As a retired judge opined that abortion might be countenanced as a remedy after a woman had fulfilled her biological service to the community by bearing four children, Kathie Amatniek leaped to her feet and shouted, Let’s hear from the real experts—women! Taking her cue, Joyce Ravitz began to declaim an impassioned oration. Ellen Willis jumped in. More women rose to their feet.

Men don’t get pregnant, men don’t bear children. Men just make laws, a demonstrator bellowed.

Why are you refusing to admit we exist? cried another.

Girls, girls, you’ve made your point. Sit down. I’m on your side, a legislator urged, raising the temperature a notch higher.

Don’t call us girls, came the unified response. We are women!

The hearing dissolved in confusion. When the chairman attempted to reconvene it behind closed doors, the women sat down in the corridor, refusing to budge.

Stories appeared the next day in the Times (Women Break Up Abortion Hearing), the New York Post (Abortion Law Protesters Disrupt Panel), and the Daily News. Ellen Willis slipped out of her activist guise to do a report for Talk of the Town in The New Yorker. Nanette Rainone filed for WBAI radio and the Pacfica network. Barely a month old, Redstockings, with an assist from the radical floaters, had successfully dramatized the need for woman as expert in the abortion debate.

Five weeks later, on March 21, 1969, Redstockings staged a public speak-out, Abortion: Tell It Like It Is, at the Washington Square Methodist Church, a hub of antiwar activism in Greenwich Village. For some Women’s Liberation founders, the speak-out was the movement’s finest hour. Astounding, is the way Irene Peslikis puts it. It showed the power of consciousness-raising, how theory comes from deep inside a person’s life, and how it leads directly to action.

Peslikis had organized the panel and coached the women who were willing to speak. The idea, she says, was to get examples of different kinds of experiences—women who’d had the babies that were taken away, women who went to the hospital for a therapeutic abortion, women who’d gone the illegal route, the different kinds of illegal routes.

Three hundred women and a few men filled the church that evening as Helen Kritzler, Barbara Kaminsky, Rosalyn Baxandall, Anne Forer, and a few other brave souls passed a small microphone back and forth. Baxandall broke the ice with a touch of humor. I thought I was sophisticated, she joked into the mike. My boyfriend told me if he came a second time, the sperm would wash away, and I believed him.

Another woman recounted, So there I was in West New York, New Jersey, and the doctor had these crucifixes and holy pictures on the wall, and all he wanted was nine hundred dollars. I took out a vacation loan and I’m still paying it off.

Judy Gabree hurtled forward. I went to eleven hospitals searching for a therapeutic abortion. At the tenth, they offered me a deal. They’d do it if I agreed to get sterilized. I was twenty years old. I had to pretend I was crazy and suicidal, but having the abortion was the sanest thing I’d done.

More women added their personal testimony. I was one of those who kept quiet. Irene Peslikis had asked me to be one of the speakers, but I chose an easier path and played Village Voice reporter. My front-page story, Everywoman’s Abortions: The Oppressor Is Man, was the only substantive coverage the landmark speak-out received. Some retyped it in Chicago for the newsletter, which carried the news to activists around the country.

Another journalist, in aviator glasses and a miniskirt, was taking notes in the church that evening. She hovered near Jane Everhart, a NOW member, and whispered What’s going on?

Everhart whispered back, Sit down and listen!

Gloria Steinem was a friend of Women’s Liberation in 1969, but she had not yet thrown in her lot with the movement. Her plate was already overflowing with causes. Gloria spoke out against the war in Vietnam on late-night talk shows, raised money for liberal Democrats and Cesar Chavez’s farmworkers, and wrote earnest pieces on all of her issues for the popular magazines. Genetically endowed with the rangy limbs and sculpted features of a fashion model, Steinem glided through the rarefied world of radical chic expertly building her political connections. Beneath the exterior of the celebrity journalist was a woman who yearned to save the world.

Steinem received a shock of recognition when a Redstocking quipped, I bet every woman here has had an abortion. Hers had been done by a Harley Street practitioner in London during the late fifties after she’d graduated from Smith. Later she would say that the speak-out was her feminist revelation, the moment that redirected her public path. That night, however, she was working on a tight deadline. She threw together a hasty paragraph for the political diary she wrote for New York magazine. Nobody wants to reform the abortion laws, she explained in print. They want to repeal them. Completely.

The Redstockings abortion speak-out was an emblematic event for Women’s Liberation. Speak-outs based on the New York women’s model were organized in other cities within the year, and subsequent campaigns to change public opinion in the following decade would utilize first-person testimony in a full range of issues from rape and battery to child abuse and sexual harassment. The importance of personal testimony in a public setting, which overthrew the received wisdom of the experts, cannot be overestimated. It was an original technique and a powerful ideological tool. Ultimately, of course, first-person discourse on a dizzying variety of intimate subjects would become a gimmicky staple of the afternoon television talk shows, where the confessional style was utilized for its voyeuristic shock value. Back then, personal testimony was a political act of great courage.

—Susan Brownmiller, In Our Time: Memoir of a Revolution, pp. 106—109

Second, you should know why they were out there, putting themselves on the line for this, and why doing that had such a remarkable impact in so short of a time. I think we can find some of the reasons in Lucinda Cisler’s wonderful, hauntingly prescient Abortion law repeal (sort of): a warning to women (1969).

… The most important thing feminists have done and have to keep doing is to insist that the basic reason for repealing the laws and making abortions available is justice: women’s right to abortion.

… Until just a couple of years ago the abortion movement was a tiny handful of good people who were still having to concentrate just on getting the taboo lifted from public discussions of the topic. They dared not even think about any proposals for legal change beyond reform (in which abortion is grudgingly parceled out by hospital committee fiat to the few women who can prove they’ve been raped, or who are crazy, or are in danger of bearing a defective baby). They spent a lot of time debating with priests about When Life Begins, and Which Abortions Are Justified. They were mostly doctors, lawyers, social workers, clergymen, professors, writers, and a few were just plain women—usually not particularly feminist.

Part of the reason the reform movement was very small was that it appealed mostly to altruism and very little to people’s self-interest: the circumstances covered by reform are tragic but they affect very few women’s lives, whereas repeal is compelling because most women know the fear of unwanted pregnancy and in fact get abortions for that reason.

… These people do deserve a lot of credit for their lonely and dogged insistence on raising the issue when everybody else wanted to pretend it didn’t exist. But because they invested so much energy earlier in working for reform (and got it in ten states), they have an important stake in believing that their position is the realistic one—that one must accept the small, so-called steps in the right direction that can be wrested from reluctant politicians, that it isn’t quite dignified to demonstrate or shout what you want, that raising the women’s rights issue will alienate politicians, and so on.

Because of course, it is the women’s movement whose demand for repeal—rather than reform—of the abortion laws has spurred the general acceleration in the abortion movement and its influence. Unfortunately, and ironically, the very rapidity of the change for which we are responsible is threatening to bring us to the point where we are offered something so close to what we want that our demands for radical change may never be achieved.

—Lucinda Cisler, Abortion law repeal (sort of): a warning to women, ¶¶ 2–10

Cisler goes on to review four different restrictions or limitations on abortion-law repeal that she thinks could make for just this sort of roadblock. One of the best sections in the essay is her discussion a restriction with which we are all too familiar in the post-Roe world:

3: Abortions may not be performed beyond a certain time in pregnancy, unless the woman’s life is at stake. Significantly enough, the magic time limit varies from bill to bill, from court decision to court decision, but this kind of restriction essentially says two things to women: (a) at a certain stage, your body suddenly belongs to the state and it can force you to have a child, whatever your own reasons for wanting an abortion late in pregnancy; (b) because late abortion entails more risk to you than early abortion, the state must protect you even if your considered decision is that you want to run that risk and your doctor is willing to help you. This restriction insults women in the same way the present preservation-of-life laws do: it assumes that we must be in a state of tutelage and cannot assume responsibility for our own acts. Even many women’s liberation writers are guilty of repeating the paternalistic explanation given to excuse the original passage of U.S. laws against abortion: in the nineteenth century abortion was more dangerous than childbirth, and women had to be protected against it. Was it somehow less dangerous in the eighteenth century? Were other kinds of surgery safe then? And, most important, weren’t women wanting and getting abortions, even though they knew how much they were risking? Protection has often turned out to be but another means of control over the protected; labor law offers many examples. When childbirth becomes as safe as it should be, perhaps it will be safer than abortion: will we put back our abortion laws, to protect women?

… There are many reasons why a woman might seek a late abortion, and she should be able to find one legally if she wants it. She may suddenly discover that she had German measles in early pregnancy and that her fetus is deformed; she may have had a sudden mental breakdown; or some calamity may have changed the circumstances of her life: whatever her reasons, she belongs to herself and not to the state.

—Lucinda Cisler, Abortion law repeal (sort of): a warning to women, ¶¶ 19, 21

Third, you should know what the women of Jane did in Chicago to help make their sisters’ ownership of their own bodies a reality, without the blessing of the male experts and in defiance of the male State. Here’s Brownmiller, again:

Radical women in Chicago poured their energy into Jane, an abortion referral service initiated by Heather Booth, who had been a one-woman grapevine for her college classmates. In 1971, after Booth’s departure, some of the women took matters into their own hands and secretly began to perform the abortions themselves. Safe, compassionate terminations for a modest fee became their high calling—a model, as they saw it, for women’s empowerment after the revolution.

Leaflets appeared in the Hyde Park neighborhood of the University of Chicago bearing a simple message: Pregnant? Don’t want to be? Call Jane at 643-3844. The number rang at the home of one of the activists who volunteered to be Jane. As word spread and the volume of calls increased, the service acquired its own phone line and an answering machine, a cumbersome reel-to-reel device that was one of the first on the market. Volunteers, known inside the service as call-back Janes, visited the abortion seekers to elicit crucial medical details (most important was lmp, the number of weeks since the last menstrual period), then another level of volunteers scheduled an appointment with one of the abortionists on the group’s list.

At first the service relied on Mike in Cicero, who was fast, efficient, and willing to lower his price to five hundred dollars as the volume increased. Mike gradually let down his guard with Jody Parsons, his principal Jane contact, an artisan who sold her beaded jewelry and ceramics at street fairs and was a survivor of Hodgkin’s disease. The clandestine abortionist and the hippy artisan struck up a bond. When Mike confessed that he was not in fact a real doctor but merely a trained technician, she cajoled him into teaching her his skills. Jody’s rapid success in learning to maneuver the dilating clamps, curettes, and forceps demystified the forbidden procedures for another half dozen women in Jane. If he can do it, then we can do it became their motto.

Madeline Schwenk, a banker’s daughter who had married at twenty, six months pregnant with no clue whatsoever about how to get an abortion, moved from counseling to vacuum aspiration after Harvey Karman, the controversial director of a California clinic, came to Chicago to demonstrate his technique. Madeline was one of the few women in Jane who was active in NOW, and who stayed affiliated with the Chicago chapter during the year she wielded her cannula and curette for the service. I’d get up in the morning, make breakfast for my three kids, go off to do the abortions, then go home to make dinner, she reminisces. Pretty ourageous behavior when you think about it. But exciting.

Jane’s abortion practitioners and their assistants were able to handle a total of thirty cases a day at affordable fees—under one hundred dollars. A doctor and a pharmacist among the women’s contacts kept them supplied with antibiotics.

Fear of police surveillance in radical circles had its match among clandestine abortionists who relied on a complicated rigamarole of blindfolds and middlemen. Jane straddled both worlds. Abortion seekers gathered every Wednesday, Thursday, and Friday at a front apartment, usually the home of a Jane member or friend, and were escorted by Jane drivers to the Place, a rented apartment where the abortions were performed. The fronts and the Place changed on a regular basis. New volunteers, brought into the group by counselors and drivers, went through a probation period before they were told that women in Jane were doing the abortions. The news did not sit well with everyone. Turnover was high, from fear and from burnout, although the service usually maintained its regular complement of thirty members.

Jane lost most of its middle-class clientele after the New York law [repealing the state’s abortion ban] went into effect. Increasingly it began to service South Side women, poor and black, who did not have the money to travel out of state, and whose health problems, from high blood pressure to obesity, were daunting. Pressure on the providers intensified. Audaciously they added second-trimester abortionsby induced miscarriage to their skills.

On May 3, 1972, near the conclusion of a busy work day in an eleventh-floor apartment on South Shore Drive overlooking Lake Michigan, Jane got busted. Seven women, including Madeline Schwenk, were arrested and bailed out the following day. The Chicago Daily News blared Women Seized in Cut-Rate Clinic in a front-page banner. The Tribune buried Lib Groups Linked to Abortions on an inside page. Six weeks later the service was back in buinsess. Wisely, the women facing criminal charges selected a defense attorney who was clued in to and optimistic about the national picture. She advised them to hang tight—some interesting developments were taking place in Washington that could help their case. (After the January 1973 Roe decision, all outstanding charges against the seven were dropped.)

The activists of Jane believe they performed more than ten thousand abortions. It’s a ballpark figure based on the number of procedures they remember doing in a given week. For security reasons they did not keep records.

—Susan Brownmiller, In Our Time: Memoir of a Revolution, pp. 123—125

It’s important to remember that, although the occasion for celebrating January 22 is a Supreme Court decision, the repeal of abortion laws wasn’t a gift handed down out of benevolence by a gang of old men in robes. It was struggled for, and won, by women in our own times. Women who stood up for themselves, who challenged the authority of self-appointed male experts and law-makers, who spoke truth to power. Radical women who took things into their own hands and helped their sisters, in defiance of the law, because they knew that they had a right to do it. Radical feminists who built a movement for their own freedom over a matter of months and decisively changed the world in less than five years. It’s not just that we owe Kathie Sarachild, Joyce Ravitz, Ellen Willis, Cindy Cisler, Heather Booth, Jody Parsons, Madeline Schwenk, and so many others our praise. They do deserve our cheers, but they also deserve our study and our emulation. They did amazing things, and we — feminists, leftists, anti-statists — owe it not only to them, but to ourselves, to honor them by trying to learn from their example.

Further reading:

Over My Shoulder #21: Kathie Sarachild, “The Power of History,” in Feminist Revolution (1975)

You know the rules. Here’s the quote. This is from The Power of History by Kathie Sarachild, the leading essay from Feminist Revolution, an insightful, indispensable, and sometimes infuriating anthology published in 1975 by the Redstockings; the essay is, among other things, a kind of memo on where the anthology as a whole is coming from and why the Redstockings thought it was so important to put it together:

The grass-roots appeal of feminism has been reflected in the composition of liberal feminist organizations like NOW as well as in the mass response to the radical ideas and agitation.

Yet the radical, feminist women faced opposition all the way, with constant advice from all sides that everything they were doing would have the opposite effect: that it would raise antagonism and bitterness, tat it was unrealistic and would get nowhere, that it wasn’t speaking to where women were at.

What lay behind the successful plans and strategies of the women’s liberation activists, what kindled the wonderful explosion, was simply their commitment to a radical understanding and approach to feminism, to discovering the common issues facing women and addressing them directly at their deepest level. They were not playing political games, trying to figure out whether women or men were ready for this or that, whether this or that would be understood or be popular.

This was going to be a movement in our own self-interest, as we said. This was going to be a fight for ourselves, for our own immediate lives, as well as for our dreams — a movement growing from our own experience, addressing the problems we ourselves had encountered. But a fundamental part of this effort to better understand our own situation was the radical understanding that the conditions in our own lives we wanted to change were essentially the common situation for women. This understanding of ourselves was going to be essential to the common fight because it was what put a person in touch with the common fight, connected a person directly to the common fight. We wanted to change the world out of our own self-interest, and because we had such a strong sense of this being in our interest, we felt sure we could convey this sense to all who shared the same interests.

With all our talk about self-interest, it was, of course, all along common interest that we were talking about, the common interest of women.

The intensity of our belief that our own personal interest arose out of the common situation was what made usknow that there would be no conflict between standing up for our own impulses and desires and analysis growing out of our own situation, and launching a mass movement. All the politicking, the guessing at the popularity of this or that, the feasibility of this or that with one group or another, would build nothing, really. It would fail to turn women on and maybe even turn them off. We knew this because we acknowledged our own most honest reaction.

The radical, feminist interest in developing and disseminating theory—in raising and spreading consciousness—was scorned, even attacked, by the liberal feminists and non-feminist left alike, who were always calling for action and for whom no amount of action we engaged in was ever even acknowledged. They were always posing it as analysis versus action, and priding themselves in being the activists, or the politicos, or the steady, on-going workers who accomplished tangible, concrete gains in the community, in the nation, for themselves, or what not. They always implied that the radical, theory people (as they would sometimes complain about us) didn’t take any action, didn’t produce any actual changes in the everyday lives of women.

Don’t agonize, organize was a favorite one liner. Of course, when stated as Don’t analyze, organize a lot of the punch goes out of it.

Oddly enough, there was also the totally contradictory charge, usually from the left, that the women’s liberation movement needed some theory, hadn’t produced any theory. Just as the actions of the radical feminists were not seen as actions—they were too petty, too sporadic, or what not—their analysis was not seen as analysis or theory.

What we were trying to do was to advance and develop both theory and action, and to unite them, putting theory into action and action into theory. It was this commitment to unity of the two, of course, which made us radicals, and which made us such a threat to liberals, right and left, who had a hard enough time recognizing and supporting feminism in either the realm of theory or action—and who apparently went blank or haywire when confronted with the combination.

Whatever we were doing just never seemed to fall within the range of the liberal left’s vision. But in the beginning it did fall within the range of the TV cameras and newspapers.

In fact, it was the public actions of the radicals, the consciousness-raising section of the movement, that put the WLM on the map. This was true of virtually every category of action you could name—from confrontation, consciousness-raising actions like the picketing and disruption of the Miss America Contest to developing techniques for mass organizing to producing journals, newspapers and books which were widely disseminated.

But the radical theory and strategy was not only the source of widespread mobilization, was not only what sparked the interest of the masses of women, it was also what produced the most in the way of concrete results, the most changes in women’s lives. This is another lesson of the past decade whose truth comes clear with access to an authentic history of the movement. The greatest achievements of the women’s liberation movement so far, those that have reached the masses of women as a whole—greater freedom in the area of birth control and abortion, greater freedom from oppressive dress codes, and the spread of feminist theory and consciousness—were all the arenas the radicals first addressed and in which they led.

It was in New York State, the area in which radical feminist analysis, action and organizing ideas were strongest and most advanced, that the first concrete breakthrough of the women’s liberation movement in the U.S. was achieved—the abortion law reform which for a few years turned New York State into the abortion mill of the nation and upon which the U. S. Supreme Court modeled its guidelines a few years later. It was the radical strategies of 1) opposition to reform and demand for repeal, led by Lucinda Cisler 2) mass consciousness-raising on abortion with women testifying to their criminal acts in public and in court 3) the development of the feminist self-help clinic ideas and their promotion of simpler, new abortion techniques that led to the nationwide reform in five years time.

The area of employment, on the other hand, is one in which the liberal feminist groups have concentrated and so far have led, and in which there has been as yet very little progress—for most women anyway. (See New Ways of Keeping Women Out of Paid Labor in this book.)

Knowing these things provides information, support and strength for a continuing radical approach and further radical action. But virtually none of it is known.

As soon as the movement began and proved successful, a process set in of wresting control from the women who had started out. And as certain approaches in the movement proved to be popular and successful with other women, the process began of confusing who and what had produced those successful approaches, what thinking, what inds of people, and specifically which people. There was an assault on the history of the movement—to take it over, to lasso it for one’s private ends, to slow it down, to stop it.

Many of the simplest and most powerful elements of the movement’s history I listed earlier have disappeared from sight or the connections between them have been severed. Instead, an array of secondary versions, interpretations and revisions have effaced and replaced the original record.

There are now amazingly different stories of these events, with very different beginnings and very different conclusions. One version doesn’t even have women starting the movement but history and changing times starting it instead. If history or changing times isn’t behind the changes then technology is, or the economy.

The rise of the feminist movement reflected a certain historic context, but this context had to be unlocked by analysis in order to be opened up for attack and work.

The knowledge of who started the movement contains important political lessons for women as does the knowledge of what brought women their gains. That women started the movement and gave it its strength and momentum suggests that it was necessary for women to start the movement, that men would not start the movement, that men don’t lead women to their freedom. Women must rely on themselves for that—not because they should but because they have to.

—Kathie Sarachild, The Power of History, from Feminist Revolution: An Abridged Edition with Additional Writings (1975/1979), pp. 18–21.

Further reading:

Abortion on demand and without apology (Dakota Remix)

Bill Napoli, member of the arbitrary Senate over the state of South Dakota, 3 March 2006:

You know, I we are really think we’re pushing the envelope on that issue. I’m not sure that the Supreme Court is ready for us yet, but what’s that old saying, There’s no time like the present?

Bill Napoli, interviewed, Online NewsHour (2006-03-03): South Dakota Abortion Ban

The Guardian, 8 March 2006:

But, unusually for conservatives emboldened by the installation in the White House of a committed Christian, the prospect of a confrontation over abortion has caused some uneasiness in the anti-abortion movement. Is the US public ready for an absolute ban on abortion? Is the supreme court prepared to reverse 30 years of legal precedence? Governor Rounds apparently thinks so.

He and other abortion opponents argue the time is ripe for the supreme court to overturn Roe v Wade, the 1973 decision that granted a woman’s legal right to abortion. In the past five months, two justices have been sworn in to America’s highest court, chosen by Mr Bush for their conservative credentials. The reversal of a supreme court opinion is possible, Mr Rounds said.

The law he endorsed this week takes a maximalist approach, affirming that: Life begins at the time of conception, a conclusion confirmed by scientific advances since the 1973 decision, including the fact that each human being is totally unique immediately at fertilisation. It would make it a crime for doctors to perform an abortion even in cases of rape or incest, punishable by a $5,000 (£2,850) fine and a five-year jail term. It makes an exception where a woman’s life is endangered.

The law does not come into effect until July 1 - giving supporters of abortion rights time to challenge it in the courts.

Abortion opponents in other states also believe the balance at the supreme court has swung in their favour and have readied their own challenges to Roe v Wade. The state legislature in Mississippi voted for an abortion ban last Thursday - with exceptions for rape and incest - and legislation has been introduced in Missouri, Alabama, Oklahoma, Georgia, Indiana, Kentucky and Tennessee since the second Bush term began.

Suzanne Goldenberg, The Guardian (2006-03-08): State’s abortion ban fires first shot in a long war over women’s rights

Mike Rounds, arbitrary governor over the state of South Dakota, 6 March 2006:

HB 1215 passed South Dakota’s legislature with bi-partisan sponsorship and strong bi-partisan support in both houses. Its purpose is to eliminate most abortions in South Dakota. It does allow doctors to perform abortions in order to save the life of the mother. It does not prohibit the taking of contraceptive drugs before a pregnancy is determined, such as in the case of rape or incest.

In the history of the world, the true test of a civilization is how well people treat the most vulnerable and most helpless in their society. The sponsors and supporters of this bill believe that abortion is wrong because unborn children are the most vulnerable and most helpless persons in our society. I agree with them.

Because this new law is a direct challenge to the Roe versus Wade interpretation of the Constitution, I expect this law will be taken to court and prevented from going into effect this July. That challenge will likely take years to be settled and it may ultimately be decided by the United States Supreme Court. Our existing laws regulating abortions will remain in effect.

Statement by Gov. Mike Rounds on the Signing Of House Bill 1215 (2006-03-06)

The Guardian, 8 March 2006:

The South Dakota challenge marks a change in strategy for the anti-abortion movement, which had focused its energies on limiting the numbers of abortions in the US. Over the years, activists have restricted government funding, access to abortion past the first 12 weeks of pregnancy, and access for minors.

In South Dakota, there is only one abortion clinic, on the edge of a state that spans some 400 miles. Abortions are performed only eight days a month. The state’s Planned Parenthood clinic in Sioux Falls was already fielding calls yesterday from women anxious that the facility might close. There already were huge logistical mountains to climb for women in South Dakota. It is an intolerable situation today, and the South Dakota legislature and governor made it even worse if such a thing can be imagined, said Sarah Stoesz, president of Planned Parenthood for Minnesota, South Dakota, and North Dakota.

The situation is nearly as dire in Mississippi - which also has just one clinic prepared to perform abortions - and also difficult in other states.

Suzanne Goldenberg, The Guardian (2006-03-08): State’s abortion ban fires first shot in a long war over women’s rights

Scott McClellan, official press flack for the arbitrary President over the United States, 7 March 2006:

Q Scott, as you probably know, the Governor of South Dakota has now signed this abortion measure that the state legislature passed. Do you anticipate the administration will weigh in on this as it makes its way through the courts?

MR. McCLELLAN: Well, let me express to you the President’s views. The President believes very strongly that we should be working to build a culture of life in America, and that’s exactly what he has worked to do. We have acted in a number of ways, practical ways, to reduce the number of abortions in America. The President strongly supported the ban on partial-birth abortions. This is an abhorrent procedure, and we are vigorously defending that legislation. We have acted in a number of other ways, as well.

Now, I think this issue goes to the larger issue of the type of people that the President appoints to the Supreme Court. And the President has made it very clear he doesn’t have a litmus test when it comes to the Supreme Court, that he will nominate people to the bench that strictly interpret our Constitution and our laws. But this is law that was passed by the South Dakota legislature and signed into law by the Governor of that state. And the President’s view when it comes to pro-life issues has been very clearly stated, and his actions speak very loudly, too.

Q So, again — now it’s going to wend its way through the courts. Will the administration weigh in, in the appeals process that is going to inevitably —

MR. McCLELLAN: Again, this is a state — this is a state law.

Q No, but it’s going to become a federal matter —

MR. McCLELLAN: It’s a state matter. The President is going to continue working to build a culture of life. He believes very strongly that we ought to value every human life, and that we ought to take steps to protect the weak and vulnerable, and that’s exactly what we have done. Now, you’re getting into the question of a state law, and so that’s something that will — the state will pursue.

Q But, Scott, no, maybe you don’t understand — it’s going to become a federal issue because it’s going —

MR. McCLELLAN: Well, let me reiterate. Maybe I’m not being clear — because the President has stated what his view is when it comes to the sanctity of life. He’s committed to defending the sanctity of life. He is pro-life with three exceptions — rape, incest and the life of — when the life of the mother is in danger. That’s his position. This is a state law, Peter. And I’m not going to —

Q So he would embrace this law as passed by South Dakota?

MR. McCLELLAN: This state law, as you know, bans abortions in all instances, with the exception of the life of the mother.

Q And not rape and incest, and so therefore, he must disagree with it, doesn’t he? Doesn’t he, Scott?

MR. McCLELLAN: The President has a strong record of working to build a culture of life, and that’s what he will continue to do.

Q I know, but you’re not answering my question, you’re dodging.

MR. McCLELLAN: No, I’m telling you that it’s a state issue —

Q He is opposed to abortion laws that forbid it for rape and incest —

MR. McCLELLAN: Les, look at the President —

Q Isn’t that true, Scott? That’s what you said.

MR. McCLELLAN: Les, let me respond. Look at the President’s record when it comes to defending the sanctity of life. That is a very strong record. His views when it comes to pro-life issues are very clearly spelled out. We also have stated repeatedly that state legislatures, when they pass laws those are state matters.

Q He disagrees with South Dakota on this one, though, doesn’t he?

MR. McCLELLAN: Les, I’ve addressed the question.

Q He does, on rape and incest.

MR. McCLELLAN: I’ve addressed the question.

Scott McClellan, White House Press Flack (2006-03-07): daily White House Press Briefing

The Guardian, 8 March 2006:

But there are a lot of conservatives who are afraid of the prospect of galvanising liberal and women’s groups into action by backing so uncompromising an assault on abortion as South Dakota’s. They fear that the supreme court is still delicately balanced on the issues of abortion and life, and it would be more prudent to wait, and hope that Mr Bush has the opportunity to make another conservative appointment.

This probably wouldn’t be the best law to do, and the best time to sign it, said Daniel McConchie, vice-president of Americans United for Life. If this was to show up on the supreme court desk tomorrow they would just reject it out of hand, and having this law waiting in the wings will certainly make it more difficult to get that fifth potential justice that might vote in favour of overturning Roe in this way. Now that Mr Rounds had signed the law, Mr McConchie said his organisation would support it. But we are advising the other states to pass laws that would do other things to help reduce abortion.

Supporters of abortions rights also face tough choices. They can file a lawsuit against South Dakota in a federal court and wait for the matter to reach the supreme court where they say they are confident it would be thrown out — the standard strategy. Or they can fight a direct challenge by gathering the signatures to put a referendum on the South Dakota ballot in the November elections, a course of action Ms Stoesz says is needed to rouse liberal organisations who have failed to organise effectively.

We have controlled a lot of bad public policy but we haven’t built a movement. I am not trying to be overly self-critical here, but it’s hard to organise around a lawsuit, Ms Stoesz said. And so we have given people a false sense of complacency: Don’t worry. Planned Parenthood will file a lawsuit and save the day — and that alleviates responsibility for them taking action.

Suzanne Goldenberg, The Guardian (2006-03-08): State’s abortion ban fires first shot in a long war over women’s rights

Lucinda Cisler (1969):

… The most important thing feminists have done and have to keep doing is to insist that the basic reason for repealing the laws and making abortions available is justice: women’s right to abortion.

… Until just a couple of years ago the abortion movement was a tiny handful of good people who were still having to concentrate just on getting the taboo lifted from public discussions of the topic. They dared not even think about any proposals for legal change beyond reform (in which abortion is grudgingly parceled out by hospital committee fiat to the few women who can prove they’ve been raped, or who are crazy, or are in danger of bearing a defective baby). They spent a lot of time debating with priests about When Life Begins, and Which Abortions Are Justified. They were mostly doctors, lawyers, social workers, clergymen, professors, writers, and a few were just plain women—usually not particularly feminist.

Part of the reason the reform movement was very small was that it appealed mostly to altruism and very little to people’s self-interest: the circumstances covered by reform are tragic but they affect very few women’s lives, whereas repeal is compelling because most women know the fear of unwanted pregnancy and in fact get abortions for that reason.

… These people do deserve a lot of credit for their lonely and dogged insistence on raising the issue when everybody else wanted to pretend it didn’t exist. But because they invested so much energy earlier in working for reform (and got it in ten states), they have an important stake in believing that their position is the realistic one—that one must accept the small, so-called steps in the right direction that can be wrested from reluctant politicians, that it isn’t quite dignified to demonstrate or shout what you want, that raising the women’s rights issue will alienate politicians, and so on.

Because of course, it is the women’s movement whose demand for repeal—rather than reform—of the abortion laws has spurred the general acceleration in the abortion movement and its influence. Unfortunately, and ironically, the very rapidity of the change for which we are responsible is threatening to bring us to the point where we are offered something so close to what we want that our demands for radical change may never be achieved.

—Lucinda Cisler (1969), Abortion law repeal (sort of): a warning to women, ¶¶ 2–10

Hopelessly Midwestern on Gov. Round’s statement, 6 March 2006:

In the history of the world, the true test of a civilization is how well people treat the most vulnerable and most helpless in their society. We in South Dakota feel that the best way of getting around this difficult moral obligation is to pretend that human embryos and fetuses constitute a class.

Oops, I might be paraphrasing a little bit.

L., Hopelessly Midwestern (2006-03-06): South Dakota HB 1215

Geekery Today, 8 March 2004:

Today I want to honor the occasion with a reflection, and a call to action. Abortion rights are the front line of the battle over women’s reproductive rights, and women’s reproductive rights are an absolutely central issue in the struggle for women’s liberation. A woman has the right to control her own body, and that includes her uterine walls; that means that no-one, neither a foetus nor the State, can rightfully compell her to carry a pregnancy to term if she wants to end it. Any State that says or acts otherwise is legalizing reproductive slavery; the forced pregnancies, the jailing of women who defy the prohibition, and the back-alley butcheries that will inevitably rise again if abortion is outlawed are nothing less than forms of State violence against women.

Those who are against abortion are saying nothing more and nothing less than that they have the right to force women not to end their pregnancies against their will; they are saying that if someone else depends on the use of a woman’s body (even if that someone else is, as it usually is, an undifferentiated cluster of cells or an embryo no larger than a grain of rice) she does not have the right to say No. They are, that is, saying that they have the right to control her body and her behavior just because she has a womb—that is, just because she is a woman. In this respect the George W. Bushes and Jerry Falwells of the world are no different from batterers and rapists writ large. (That there are anti-choice women does not impact the analysis, either: a woman who professes the right to force other women to carry their pregnancy to term because those other women are women and pregnancy is a woman’s natural duty is no better than a man who does this. Nevertheless, it’s worth pointing out that 77% of anti-abortion leaders are men…)

Rad Geek, GT 2004-03-08: April March

Bill Napoli, member of the arbitrary Senate over the state of South Dakota, 3 March 2006:

FRED DE SAM LAZARO: Napoli says most abortions are performed for what he calls convenience. He insists that exceptions can be made for rape or incest under the provision that protects the mother’s life. I asked him for a scenario in which an exception may be invoked.

BILL NAPOLI: A real-life description to me would be a rape victim, brutally raped, savaged. The girl was a virgin. She was religious. She planned on saving her virginity until she was married. She was brutalized and raped, sodomized as bad as you can possibly make it, and is impregnated. I mean, that girl could be so messed up, physically and psychologically, that carrying that child could very well threaten her life.

Bill Napoli, interviewed, Online NewsHour (2006-03-03): South Dakota Abortion Ban

Hopelessly Midwestern, 23 February 2006:

If pressed, they probably won’t deny that we’re human. But so what?

L., Hopelessly Midwestern (2006-02-23): South Dakota

Geekery Today, 18 November 2004:

This is a culture of life we’re building here, folks. And that means doing everything we can with pro-life laws to stop young women from getting abortions from a safe, medical provider. And throwing them in a pro-life prison when they finally make a desparate attempt to end the pregnancy at home without the aid of a doctor.

Or taking a pro-life gun and shooting them in the neck with a pro-life bullet if they do make it to the clinic:

INDIO, Calif. A California teenager has been convicted of attempted murder for shooting his pregnant girlfriend inside a Riverside County abortion clinic.

The shooting left the 16 year-old victim a quadriplegic.

She testified during the trial that 17-year-old Jeffrey Fitzhenry told her before the shooting that she was depriving him of his unborn child.

The prosecutor told jurors he also threatened, If you take something of mine, I’ll take something of yours.

As Sheelzebub puts it at Pinko Feminist Hellcat:

Apparently, he didn’t like the idea of her getting an abortion. Or rather, he was an abusive sociopath. He reportedly told her: If you take something of mine, I’ll take something of yours.

Except the fetus was in her body not his, and she’d be the one to deal with the health risks and potential complications, not him.

Now, you might think that it’s unfair of me to sit here pinning the actions of one abusive boyfriend on the anti-abortion movement as a whole—but how are Jeffrey Fitzhenry’s actions different in any salient respect from the legal action that pro-life laws are pushing pro-life prosecutors to take in Macomb County? Enforcing laws that stop young women from obtaining medical abortions means stationing armed men who are ready to shoot you in the neck to keep you from getting an abortion. Enforcing laws that punish women for getting an unauthorized abortion means using violence against young women who try to get one through other means. The fact that the abusive sociopath wears a suit and works in Congress does not make it any different. The fact that the shooting is done by men with badges does not make it any different. The fact that any complaints against the men who shoot you will be dismissed by men in black robes does not make it any different. The only difference is that Jeffrey Fitzhenry is only one sociopath, with only one woman as his target. The pro-life state would be a sociopath with armies at its disposal, with all young women as its targets. …

Jeffrey Fitzhenry didn’t care about life; he shot his ex-girlfriend in the neck because he wanted control over her body, and he wanted to take revenge when she didn’t comply. He is not pro-life; he is an abusive sociopath. And nothing less is true of the legislators, presidents, or prosecutors who use deceptive bills to enforcing a culture of life at the barrel of a gun.

Rad Geek, GT 2004-11-18: Culture of Life

What you need to realize is that we are facing off with people (and, let’s be clear, most of them are men) who have absolutely no compunction with commandeering real women’s lives, livelihoods, and bodies in the name of their theologico-political power trips, because their victims are women and women are (in the minds of the bellowing blowhard brigade) made for the Culture of Life’s use, even if that means involuntary servitude enforced at the point of a pro-life bayonet. Meanwhile the sanctimonious politicos (and, let’s be clear, most of them are men, too) supposedly on our side bite their lips and palaver about the tragedy of necessary gynaecological surgery and generally act as though their brothers’ claims of dominion over other women’s bodies deserved something less than contempt and resistance. We are the new abolitionists, and it is long past time for the Clintonian hand-wringers and the take-one-for-the-party doughfaces who claim to be part of this movement to shut the hell up and get to the back. If they refuse to, I suggest that it’s our duty to jeer them into silence until they do. Can we get some moral outrage here? Some feminism? Some creative extremism?

William Lloyd Garrison, abolitionist and feminist, 1 January 1831:

I am aware that many object to the severity of my language; but is there not cause for severity? I will be as harsh as truth, and as uncompromising as justice. On this subject, I do not wish to think, or to speak, or write, with moderation. No! no! Tell a man whose house is on fire to give a moderate alarm; tell him to moderately rescue his wife from the hands of the ravisher; tell the mother to gradually extricate her babe from the fire into which it has fallen; — but urge me not to use moderation in a cause like the present. I am in earnest — I will not equivocate — I will not excuse — I will not retreat a single inch — AND I WILL BE HEARD.

William Lloyd Garrison, To the Public, in The Liberator (1831-01-01)

Happy International Women’s Day.

Further reading

Roe v. Wade Day #33

This post is part of Blog for Choice Day: January 22, 2006.

Today is the 33rd anniversary of the Supreme Court’s decision in Roe v. Wade, which took the boots of the State from off the necks of millions of women across the United States. There’s a lot not to like about the specifics of the reasoning, and it’s sometimes frustrating that Roe is the ruling that we’ve got to celebrate, or at least defend. But January 22 is a jubilee day, the capstone victory of a remarkable, explosive struggle — which took place over the course of just under 4 years, from the decisive beginning of the pro-choice movement among radical feminists in early 1969, to the decision in January 1973. (There was a small, barely effectual abortion law reform movement before 1969; but February and March 1969 marked the beginning of the abortion law repeal movement, and also the beginning of the pro-choice argument — that is, early 1969 is when the argument shifted from feeling sorry for the poor girl in dire circumstances, to women demanding that they had a right to the determine how their own bodies will or will not be used.

Abortion on Demand and Without Apology!

Like most anniversaries, this one is partly about remembering and honoring. Today there are three things that I want you to remember, or to learn.

First, you should know all about two months that made all the difference. This is from Susan Brownmiller’s In Our Time: Memoir of a Revolution:

February 1969 was an important month in the abortion struggle. Larry Lader, a biographer of Margaret Sanger, summoned a handful of professionals in law and medicine to the Drake Hotel in Chicago for the organizing conference of NARAL, the National Association for Repeal of Abortion Laws. (NARAL became the National Abortion Rights Action League in 1974.) The conferees targeted specific states where they believed the repressive codes could be knocked down. New York, with its liberal constituency, was a top priority. Bills ranging from modest reforms (in cases of rape and incest) to outright repeal of all criminal penalties were already in the legislative hopper.

Betty Friedan, one of the main speakers at the Chicago NARAL meeting, reflected the changing political climate. At NOW’s founding convention in 1966, she had bowed to a clique that insisted that abortion rights were too divisive, too sexual, and too controversial for the fledgling organization, but since then a groundswell of younger members had stiffened her spine. NOW was being inundated by kids, one member observed. The kids from New York, Michigan, Ohio, Texas, and elsewhere pushed through an abortion plank at NOW’s 1967 convention.

And the kids were forging ahead with their own tactics. On the same wintry day in mid-February when NARAL’s founders were traveling to Chicago for their first conference six state legislators held a public hearing in Manhattan on some proposed liberalizing amendments to the New York law. Typical of the times, the six legislators were men, and the spekaers invited to present expert testimony were fourteen men and a Catholic nun.

On the morning of the February 13 hearing, a dozen infiltrators camouflaged in dresses and stockings entered the hearing room and spaced themselves around the chamber. Some called themselves Redstockings, and some, like Joyce Ravitz, wre free-floating radicals who were practiced hands at political disruptions. Ravitz, in fact, had been on her way to another demonstration when she’d run into the Redstockings women, who convinced her to join them.

As a retired judge opined that abortion might be countenanced as a remedy after a woman had fulfilled her biological service to the community by bearing four children, Kathie Amatniek leaped to her feet and shouted, Let’s hear from the real experts—women! Taking her cue, Joyce Ravitz began to declaim an impassioned oration. Ellen Willis jumped in. More women rose to their feet.

Men don’t get pregnant, men don’t bear children. Men just make laws, a demonstrator bellowed.

Why are you refusing to admit we exist? cried another.

Girls, girls, you’ve made your point. Sit down. I’m on your side, a legislator urged, raising the temperature a notch higher.

Don’t call us girls, came the unified response. We are women!

The hearing dissolved in confusion. When the chairman attempted to reconvene it behind closed doors, the women sat down in the corridor, refusing to budge.

Stories appeared the next day in the Times (Women Break Up Abortion Hearing), the New York Post (Abortion Law Protesters Disrupt Panel), and the Daily News. Ellen Willis slipped out of her activist guise to do a report for Talk of the Town in The New Yorker. Nanette Rainone filed for WBAI radio and the Pacfica network. Barely a month old, Redstockings, with an assist from the radical floaters, had successfully dramatized the need for woman as expert in the abortion debate.

Five weeks later, on March 21, 1969, Redstockings staged a public speak-out, Abortion: Tell It Like It Is, at the Washington Square Methodist Church, a hub of antiwar activism in Greenwich Village. For some Women’s Liberation founders, the speak-out was the movement’s finest hour. Astounding, is the way Irene Peslikis puts it. It showed the power of consciousness-raising, how theory comes from deep inside a person’s life, and how it leads directly to action.

Peslikis had organized the panel and coached the women who were willing to speak. The idea, she says, was to get examples of different kinds of experiences—women who’d had the babies that were taken away, women who went to the hospital for a therapeutic abortion, women who’d gone the illegal route, the different kinds of illegal routes.

Three hundred women and a few men filled the church that evening as Helen Kritzler, Barbara Kaminsky, Rosalyn Baxandall, Anne Forer, and a few other brave souls passed a small microphone back and forth. Baxandall broke the ice with a touch of humor. I thought I was sophisticated, she joked into the mike. My boyfriend told me if he came a second time, the sperm would wash away, and I believed him.

Another woman recounted, So there I was in West New York, New Jersey, and the doctor had these crucifixes and holy pictures on the wall, and all he wanted was nine hundred dollars. I took out a vacation loan and I’m still paying it off.

Judy Gabree hurtled forward. I went to eleven hospitals searching for a therapeutic abortion. At the tenth, they offered me a deal. They’d do it if I agreed to get sterilized. I was twenty years old. I had to pretend I was crazy and suicidal, but having the abortion was the sanest thing I’d done.

More women added their personal testimony. I was one of those who kept quiet. Irene Peslikis had asked me to be one of the speakers, but I chose an easier path and played Village Voice reporter. My front-page story, Everywoman’s Abortions: The Oppressor Is Man, was the only substantive coverage the landmark speak-out received. Some retyped it in Chicago for the newsletter, which carried the news to activists around the country.

Another journalist, in aviator glasses and a miniskirt, was taking notes in the church that evening. She hovered near Jane Everhart, a NOW member, and whispered What’s going on?

Everhart whispered back, Sit down and listen!

Gloria Steinem was a friend of Women’s Liberation in 1969, but she had not yet thrown in her lot with the movement. Her plate was already overflowing with causes. Gloria spoke out against the war in Vietnam on late-night talk shows, raised money for liberal Democrats and Cesar Chavez’s farmworkers, and wrote earnest pieces on all of her issues for the popular magazines. Genetically endowed with the rangy limbs and sculpted features of a fashion model, Steinem glided through the rarefied world of radical chic expertly building her political connections. Beneath the exterior of the celebrity journalist was a woman who yearned to save the world.

Steinem received a shock of recognition when a Redstocking quipped, I bet every woman here has had an abortion. Hers had been done by a Harley Street practitioner in London during the late fifties after she’d graduated from Smith. Later she would say that the speak-out was her feminist revelation, the moment that redirected her public path. That night, however, she was working on a tight deadline. She threw together a hasty paragraph for the political diary she wrote for New York magazine. Nobody wants to reform the abortion laws, she explained in print. They want to repeal them. Completely.

The Redstockings abortion speak-out was an emblematic event for Women’s Liberation. Speak-outs based on the New York women’s model were organized in other cities within the year, and subsequent campaigns to change public opinion in the following decade would utilize first-person testimony in a full range of issues from rape and battery to child abuse and sexual harassment. The importance of personal testimony in a public setting, which overthrew the received wisdom of the experts, cannot be overestimated. It was an original technique and a powerful ideological tool. Ultimately, of course, first-person discourse on a dizzying variety of intimate subjects would become a gimmicky staple of the afternoon television talk shows, where the confessional style was utilized for its voyeuristic shock value. Back then, personal testimony was a political act of great courage.

—Susan Brownmiller, In Our Time: Memoir of a Revolution, pp. 106—109

Second, you should know why they were out there, putting themselves on the line for this, and why doing that had such a remarkable impact in so short of a time. I think we can find some of the reasons in Lucinda Cisler’s wonderful, hauntingly prescient Abortion law repeal (sort of): a warning to women (1969).

… The most important thing feminists have done and have to keep doing is to insist that the basic reason for repealing the laws and making abortions available is justice: women’s right to abortion.

… Until just a couple of years ago the abortion movement was a tiny handful of good people who were still having to concentrate just on getting the taboo lifted from public discussions of the topic. They dared not even think about any proposals for legal change beyond reform (in which abortion is grudgingly parceled out by hospital committee fiat to the few women who can prove they’ve been raped, or who are crazy, or are in danger of bearing a defective baby). They spent a lot of time debating with priests about When Life Begins, and Which Abortions Are Justified. They were mostly doctors, lawyers, social workers, clergymen, professors, writers, and a few were just plain women—usually not particularly feminist.

Part of the reason the reform movement was very small was that it appealed mostly to altruism and very little to people’s self-interest: the circumstances covered by reform are tragic but they affect very few women’s lives, whereas repeal is compelling because most women know the fear of unwanted pregnancy and in fact get abortions for that reason.

… These people do deserve a lot of credit for their lonely and dogged insisten