Part of the Feminist Majority "Supreme Court in Peril" Chat Series

Diana Bruce, National Family Planning and Reproductive Health Association (NFPRHA)

Diana K. Bruce is the Senior Policy Analyst at the National Family Planning and Reproductive Health Association (NFPRHA) in Washington, DC – a national membership organization representing family planning providers across the country. NFPRHA works to assure access to voluntary family planning and reproductive health care services and to support reproductive freedom for all. At NFPRHA, Diana educates Congress and the public on reproductive health and related issues and mobilizes NFPRHA members to participate in the legislative process.

Moderator: Welcome.
Diana Bruce: Thank you for asking me to participate in this important chat series. At NFPRHA, we have been monitoring the judicial nominations process. With the anticipated announcement of a Supreme Court retirement, we think its great that the Feminist Majority is holding this series.
posted:6/18/2003 1:51:00 PM CST

Elsie: Does your organization work solely on domestic repro rights issues or do you look at international issues as well?
Diana Bruce: Elsie, At NFPRHA, we monitor both domestic and international reproductive health issues. We have been active encouraging Congress to fully fund the United Nations Population Fund. In addition, we worked in coalition to the Global AIDS bill from containing dangerous and irresponsible anti-condom language. Unfortunately, Congress still set aside 33% of the AIDS prevention money towards exporting abstinence-unless-married programs that are still unproven in the US.
posted:6/18/2003 2:07:00 PM CST

Beth: Do you think its more likely that Roe will be overturned, or that the far right will continue to follow their current strategy of chipping away at reproductive choice? How might that change with a vacancy on the Supreme Court?
Diana Bruce: Beth, Chipping away our rights is exactly the strategy the anti-choice is using. They know that a full overturn of Roe would be difficult; President Bush as said it himself. What they have been able to do successfully, is to pass legislation, such as the abortion procedures ban (so-called partial birth abortion ban), that could outlaw safe and common abortion procedures used before viability. But they dont explain these details to the public. A vacancy on the Supreme Court, depending on who resigns, leaves an opening for the Bush Administration to tip the balance on the High Court from supporting a womans right to choose and her right to privacy to possibly opposing it. That would be dangerous for womens health.
posted:6/18/2003 2:07:00 PM CST

Mom : When Pres. Bush signs the partial-birth abortion bill into law, who will take it to the Supreme Court? Or how will it get to the agenda of the Sup. Ct.?
Diana Bruce: From what we know, several reproductive health care providers intend to file suit when President Bush signs this safe abortion procedures ban into law. Because the federal ban so clearly mirrors the Nebraska law that the Supreme Court overturned in Stenberg v. Carhart, there should be no reason for the Supreme Court to even hear the federal ban case. The lower courts should overturn the federal ban without triggering a review by the High Court. The Nebraska ban was found unconstitutional because it was too broad and could apply to many types of procedures and it failed to contain a health exception for the woman. Legal experts have said that the federal ban suffers from the same flaws.
posted:6/18/2003 2:11:00 PM CST

Jr Vasquez: Ms. Bruce,
How does the National Family Planning and Reproductive Health Association (NFPRHA) differ from organizations like Planned Parenthood and the National Abortion Federation?
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Diana Bruce: Thank you for asking that. NFPRHA is a national membership organization that was founded over 30 years ago to preserve the public family planning system (Title X-funded family planning clinics) and defend access to family planning and reproductive health care for all. Many of our members are Planned Parenthood affiliates; others include state and county health departments, hospitals, family planning councils, etc. Also, Im sure some of our members also belong to NAF.
posted:6/18/2003 2:14:00 PM CST

Kelsey: What sort of education and experience is required to be a policy analyst?
Diana Bruce: Kelsey, Policy analysts here in DC bring a range of experiences to their jobs. While many people who do this work have masters degress, like myself, others bring experience from law school and their work on Capitol Hill for a member of Congress. I can tell you about my experience. I interned at a Planned Parenthood in college the same semester that Dr. Gunn was murdered by an anti-choice extremist. This motivated me to stay in the field to preserve my right to choose and after college I became an abortion counselor. I went to grad school to further develop my skills and have been doing policy work for reproductive rights ever since. Now, as the mom of an almost two year old daugher, I have a new motivation to continue working in this field -- I have her rights to protect as well.
posted:6/18/2003 2:17:00 PM CST

Pauline: How has the Supreme Court and the lower federal courts curtailed reproductive rights since the Roe v. Wade decision in 1973?
Diana Bruce: While weve all heard about abortion cases (Webster, Casey) that allowed states to impose restrictions on womens access to abortion -- waiting periods, forced parental involvement, etc, there was an important Supreme Court decision in 1991 that restricted the information family planning providers could give out. The Rust v. Sullivan decision allowed the federal government to impose the notorious Domestic Gag Rule, that fortunately, President Clinton eliminated his first day in office. This gag rule would have prohibited clinics receiving federal Title X family planning funding from giving any information about abortion services to pregnant women facing unintended pregnancies -- even if the women asked for it. To date, President Bush has not reinstated the gag rule his father and President Reagan held in place, but he did export it to international family planning programs receiving U.S. funding.
posted:6/18/2003 2:21:00 PM CST

M-J-Cole: Im extremely passionate about Bushs religious agenda and his abstinence only funding programs and policy perspective. Whats the status of comprehensive sex education in the country, does it vary greatly by region, and how does it impact the work of reproductive health service providers. Also, where can I go for more information on sex-ed?
Diana Bruce: MJ, Despite the fact that dangerous and unproven abstinence-unless-married programs are receiving substantial funding from the federal government, young people have also able to access honest information about sex education from other sources. Fortunately, many reproductive health care clinics also engage in teaching comprehensive sex education. In addition, religious institutions are increasingly developing comprehensive sex ed curricula for their youth. Through my church, I taught the Our Whole Lives curriculum with our assistant pastor to our young people. It was quite a rewarding experience for us all. You can go to our website for more information on sex ed: www.nfprha.org, and SIECUSs website, www.siecus.org.
posted:6/18/2003 2:26:00 PM CST

Jeremy: How have the records of Bushs nominees so far been on family planning and other repro rights?
Diana Bruce: Frankly, none of his judicial nominees appear to be pro-choice. However, NFPRHA has chosen to only focus on those with concrete, public and particularly anti-family planning/anti-choice views or professional records. For example, Carolyn Kuhl who is nominated to the Ninth Circuit Court of Appeals, is awaiting consideration by the full Senate. We are urging all senators to oppose her nomination by whatever means necessary. Judge Kuhl was active in the domestic gag rule battle that I mention earlier. She wrote an amicus brief that not only called for the overturning of Roe v. Wade, but also supported the first Bush Administrations gag rule on family planning clinics. There is another nominee NFPRHA is actively opposing, Bill Pryor, nominated to the Eleventh Circuit. He is on record calling Roe the worst abomination of constitutional law. Those are just two examples in a long line of extremist nominees.
posted:6/18/2003 2:28:00 PM CST

Pam: How could a change in the makeup of the courts affect access to family planning?
Diana Bruce: In their hearings before the Senate Judiciary Committee, many of the lower court nominees have refused to say whether they supported the right to privacy. While we may take it for granted, family planning has only recently been guarananteed to Americans, through the right to privacy. In the first case establishing the right to privacy to reproductive health care, the Supreme Court decided in 1965 in Griswold v. Connecticut that married couples could not be barred from having access to contraception. In 1972, the right to privacy regarding contraception was extended to unmarried people in Eisenstadt v. Baird. The Supreme Court said adolescents could receive contraception in 1977 in Carey v. Population Services.
posted:6/18/2003 2:33:00 PM CST

Jen: In terms of health insurance, what is the status right now of contraceptives? Do employers have to cover it if they cover things such as viagra? does it vary by state? are there any federal laws?
Diana Bruce: Jen, many insurers are still reluctant to cover contraception, but they are finding themselves on the wrong side of history. The EEOC has ruled in a case that is was discriminatory to women to cover other prescriptions, but not prescription contraceptives. And a U.S. District Court in Washington decided the same thing last year. Some companies are coming forward and voluntarily offering this benefit, but many more have yet to do so. The rules do change from state to state. There currently only 20 states that require contraceptive coverage. This patchwork of coverage could be filled in and coverage could be provided for women across the U.S. if Congress would pass the Equity in Prescription Insurance and Contraceptive Coverage Act (EPICC). Last Congress, neither chamber even took it up for consideration. So, contact your senators and represenative and ask them to support EPICC this Congress.
posted:6/18/2003 2:36:00 PM CST

M. Donna: Thanks for doing this chat. Part of your work is to motivate people to get involved in the legislative process, but it seems like a very challenging thing to do with young people who have been historically diconnected and removed from the political process AND young women who were born after Roe vs. Wade and dont see a threat to legal abortion. Do you have any strategic advice on motivating young people given these circumstances?
Diana Bruce: Dont believe the myth Maria. I was only 15 months old when Roe was decided, but I see a real threat. And, I believe that many young people see the threat. Thats why so many ARE working at reproductive health organizations. I dont believe our work is done in engaging young people into the movement, but I think perhaps using the young people we do have as spokespersons to engage in outreach will help bring more young people in. We also need to make the link that civic involvement, in our issues, leads to improvements for their communities and their lives. The Feminist Majority, Choice USA and other organizations are doing a great job of engaging the pre-Roe generation in reproductive rights.
posted:6/18/2003 2:40:00 PM CST

Julie: How can I support my family planning provider to make sure that reproductive rights are protected? Can I do something more than signing a petition?
Diana Bruce: You can Julie!!! And its great that you want to get involved and get your community (your provider) involved. NFPRHA posts alerts on our website that give you an opportunity to take immediate action on pending legislation that could restrict access to family planning and reproductive health care. From our website (and websites of other organizations like ours) you can send a letter to your senators and representatives, without leaving the comfort of your computer:) Again, were at www.nfprha.org.
posted:6/18/2003 2:44:00 PM CST

Anne: Do you think the current conservative political climate makes it more difficult to educate Congress on these issues? How so?
Diana Bruce: The majority in both houses of Congress is currently anti-choice, which also means that the agenda is set by this majority. This makes our work that much more difficult -- we find ourselves fending off unconstitutional restrictions on womens health care. It also makes it extremely difficult to ensure that women, regardless of their income, have access to reproductive health care. Anti-choice members of Congress confuse abortion and family planning and many work to cut off funding for the federal Title X family planning program. In addition, efforts are underway to reform Medicaid, which could eliminate the requirement that family planning benefits be included in state Medicaid programs -- thus leaving the poorest of American women without access to family planning, including STD testing and treatment. There is also a campaign in Congress to disparage condoms, with many members making misleading statements that condoms dont work and shouldnt be trusted -- this is a dangerous statement to make in this time of HIV. Young people make up more than half of all new HIV infections and should have access to truthful information. Condoms can prevent HIV.
posted:6/18/2003 2:47:00 PM CST

Moderator: Thank you for joining us today. We encourage you to get involved in the fight to keep abortion legal and protect our reproductive rights. For more information about judicial nominations and
getting involved visit either the NFPRHA website at
http://www.nfprha.org or the Feminist Majoritys Million4Roe campaign site at http://www.million4roe.com. We hope you will join us again tomorrow at
3pm for our continuing June chat series, Supreme Court in Peril.
Diana Bruce: Thank you for all your good questions. If you still have lingering questions about family planning and NFPRHAs work on reproductive health and the judicial nominations process, please visit our website, www.nfprha.org.
posted:6/18/2003 3:00:00 PM CST