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5/24/2013 - All Male House Panel Discusses Anti-Abortion Bill
On Thursday, a panel of eight male members of the House of Representatives met to discuss a nationwide ban of abortion after 20 weeks gestation.
The House Judiciary Subcommittee on the Constitution and Civil Justice began consideration of the DC Pain-Capable Unborn Child Protection Act on Thursday. The bill, sponsored by Trent Franks (R-AZ), who is also the chair of the subcommittee, originally would have banned abortion at 20 weeks gestation only in the District of Columbia. However, Franks decided to expand the bill nationwide following the murder conviction of Kermit Gosnell, a rogue doctor who performed illegal abortions in Pennsylvania. Franks has introduced the bill in previous sessions of Congress, but it was defeated.
Nancy Northrup, president of the Center for Reproductive Rights, said in a statement, "It is no small irony that Rep. Franks is using the subcommittee on the Constitution to advance legislation attacking the firmly established constitutional rights of women. Everywhere that similarly unconstitutional laws have been challenged in the courts — including Rep. Franks's home state of Arizona just this week — they have been blocked before they could jeopardize women's health and lives."
In a scene familiar to women's rights activists, the entire panel considering the bill was made up of men. Laura Basset, a frequent writer for the Huffington Post tweeted at the hearing "Well this looks familiar: every lawmaker at the House hearing on the nationwide 20-week abortion ban is a man." The scene is reminiscent of last year's debate on contraception coverage under the Affordable Care Act, when the House Committee on Oversight and Government Reform did not have any witnesses from the Democrats and only consulted male witnesses. In response, Sandra Fluke testified as part of a House Democratic Steering Committee hearing led by Nancy Pelosi.
5/24/2013 - Four Colleges Face Charges of Mishandling Sexual Assault
Four universities across the country are facing allegations of mishandling sexual assault cases in violation of the Clery Act and Title IX.
On Wednesday, students filed complaints against Dartmouth College, Swarthmore College, University of California at Berkeley, and the University of Southern California. Attorney Gloria Allred said at a press conference, "We are asking the United States Department of Education to open an investigation into these complaints and take appropriate actions to force these colleges to comply with the law or risk losing their federal funding."
She continued, "Women from all over this country are demanding that their colleges stop these rapes and sexual assaults from happening. They will no longer accept the status quo where rapes and sexual assaults are being swept under the rug and condoned by college administrators."
One of the students filing a complaint, Sofie Karasek, spoke about her experience of reporting sexual assault at UC Berkeley. "They solved it through the early resolution process, which meant that there were no hearings and they never asked me for evidence," she said. "I received another email telling me my assailant was charged with a violation of student conduct, but it did not say if any disciplinary action been taken." A week later, her attacker graduated.
The new allegations are a continuation of a string of sexual assault challenges. Last month, a complaint was filed against Occidental College for violating Title IX and the Clery Act. University of North Carolina at Chapel Hill is also facing Title IX and Clery Act complaints.
5/24/2013 - Pussy Riot Member Starts Hunger Strike
A member of the Russian feminist punk rock band Pussy Riot has announced that she is launching a hunger strike after she was denied the right to attend her parole hearing.
Maria Alyokhina was denied the ability to attend her parole hearing in person and instead had to communicate with the court through video link and faxes. She addressed the court on Wednesday, “In protest against the court's refusal to allow me to appear in person to take part in the hearing, I'm going on a hunger strike. In the current circumstances I forbid all my lawyers and representatives to take part in this court hearing."
Last month, a second member of Pussy Riot, Nadezhda Tolokonnikova, was denied parole. Earlier this year, she was sent to the hospital because of what may have been a new health problem that developed since beginning her sentence. A third member was freed on appeal.
The three members of Pussy Riot were arrested after making an anti-Putin demonstration at Moscow's Christ the Savior Cathedral in August 2012. The members of Pussy Riot entered the church wearing bright colors and balaclavas, singing "Mother of God, Blessed Virgin, drive out Putin!" They noted later that their intent was to challenge the Church's political support for Putin and to show their dissatisfaction with Putin's 12-year political dominance. All three were arrested and charged with hooliganism.
5/23/2013 - West Point Sergeant Accused of Filming Female Cadets
A sergeant first class with the US Military Academy at West Point is facing charges of secretly filming female cadets with hidden cameras and without consent.
Sergeant First Class Michael McClendon is accused of secretly videotaping at least a dozen women without their consent. McClendon, who has been an instructor at West Point since 2009, served as a "tactical noncommissioned officer" and was "responsible for the health, welfare and discipline" of a company of 125 cadets. This position is responsible for "assist[ing] each cadet in balancing and integrating the requirements of physical, military, academic and moral-ethical programs." The Army is currently reaching out to a dozen women whose privacy may have been compromised and are offering support services.
McClendon has not been suspended during the investigation, but was transferred to Fort Drum in New York after charges were filed May 14th. According to the New York Times, which first reported the story, "The Army made no announcement of the charges against Sergeant McClendon, but provided details after The New York Times learned of the inquiry from several current and former members of the West Point community who said they were alarmed by the allegations and wanted to learn of the academy's plans to investigate and prevent future violations."
Last week the news broke that an Army Sergeant 1st Class Sexual Harassment/Assault Result Prevention (SHARP) Coordinator and Equal Opportunity Advisor at Fort Hood in Texas is being investigated for sexual assault. According to a statement released by the Department of Defense (DoD) the service member in question is being investigated for allegations of "pandering, abusive sexual contact, assault and maltreatment of subordinates." Two weeks earlier, an Air Force chief of sexual assault prevention and response was arrested on charges of sexual battery. Lieutenant Colonel Jeffery Krusinski groped a woman in a parking lot. She fought him off when he attempted to grab her for a second time and immediately alerted the police. An anonymous spokesperson for the Air Force confirmed that Krusinski had been dismissed from his post in response to the allegations.
In addition, the Department of Defense issued an annual report in the beginning of May that showed that sexual assault in the military rose by 35% from 2010 to 2012. The report found that 26,000 members of the military experienced "unwanted sexual contact" in 2012 when answering an anonymous survey - a rate of approximately 70 assaults a day. The report also found only 3,374 reports of sexual assault were filed, according to the Pentagon. Of those cases filed, fewer than one in 10 ended with a court-martial conviction of sexual assault. In the majority of cases, the alleged attacker faced small administrative punishments or the case was dismissed.
5/23/2013 - AZ 20 Week Abortion Ban Struck Down
On Tuesday, the Arizona law banning abortion after 20 weeks in a pregnancy was ruled unconstitutional and permanently struck down.
The Ninth Circuit Court of Appeals ruled that the 20 week ban in Arizona violated a woman's constitutional right to terminate a pregnancy before viability (around 24 weeks) as determined by Roe v. Wade. In the unanimous decision, Judge Marsha Berzon wrote "A woman has a constitutional right to choose to terminate her pregnancy before the fetus is viable without undue interference by the state." She continued, "While the state may regulate the model and manner of abortion prior to fetal viability, it may not proscribe a woman from electing abortion, nor may it impose an undue burden on her choice through regulation." Even the staunch anti-abortion Judge Andrew Kleinfeld agreed that while he may disagree with the practice of abortion, he was bound to uphold the Supreme Court's authority.
The judges rejected the claim that the law was not a ban on abortion, merely a regulation since doctors were allowed to perform abortions after 20 weeks for medical emergencies. In the opinion, Berzon wrote, "Allowing a physician to decide if abortion is medically necessary is not the same as allowing a woman to decide whether to carry her own pregnancy to term."
Nancy Northrup, President of the Center for Reproductive Rights, said that the ruling "should send a clear message to anti-choice politicians that their attempts to deprive pregnant women of critical health care are clearly unconstitutional."
5/22/2013 - Immigration Reform Bill Advances In Senate
Last night, the Senate Judiciary Committee approved a sweeping immigration reform bill in a bipartisan vote of 13 to 5. The bill, drafted by the so-called "Gang of Eight," includes a path to citizenship for the 11 million people currently in the United States who do not have legal status. It also includes measures to strengthen boarder security, and new programs for highly skilled workers.
President Obama issued a statement supporting the advancement, saying the bill was "largely consistent with the principles of commonsense reform I have proposed and meets the challenge of fixing our broken immigration system." He continued, "None of the committee members got everything they wanted, and neither did I, but in the end, we all owe it to the American people to get the best possible result over the finish line. I encourage the full Senate to bring this bipartisan bill to the floor at the at the earliest possible opportunity and remain hopeful that the amendment process will lead to further improvements."
Despite wide support, many LGBT advocacy groups are outraged after an amendment to extend protections to same-sex couples was dropped by Democrats. The amendment would give same-sex partners the ability to sponsor their significant other for citizenship, however conservative members of the Committee and the Gang of Eight threatened to pull their support for the bill if the amendment was included. Senator Patrick Leahy (D-VT) told the committee "So, with a heavy heart, and as a result of my conclusion that Republicans will kill this vital legislation if this anti-discrimination amendment is added, I will withhold calling for a vote on it at this time. But I will continue to fight for equality."
Human Rights Campaign President Chad Griffin said in a statement "It is deplorable that a small number of Senators have been able to stand in the way of progress for lesbian and gay couples torn apart by discriminatory laws. We are extremely disappointed that our allies did not put their anti-LGBT colleagues on the spot and force a vote on the measure that remains popular with the American people."
5/22/2013 - Afghan Women Arrested for 'Moral Crimes' Increases 50%
A new report by the Human Rights Watch shows that in the past 18 months the number of women in Afghanistan incarcerated for 'moral crimes' has increased from 400 to 600, a 50% growth.
Many of the women imprisoned for moral crimes were arrested running away from forced or abusive marriages and families, even though there is no law against leaving. Others are imprisoned for rape, as it is considered "forced adultery." Many of the women imprisoned were also forced to have "virginity tests," an invasive and medically inaccurate exam. Of the female prison population in Afghanistan, 95% of girls and 50% of women are in jail for moral crimes.
In a statement by the Human Rights Watch, the organization stated, "While several high-level Afghan government officials, including from the police and Justice Ministry, have in the past year publicly confirmed that 'running away' is not a crime under Afghan law, such statements have yet to translate into policy, [the report found]. Some legal experts have suggested that a growing view that women and girls should not be charged with 'running away' has merely resulted in a shift toward charging them with attempted zina. A charge of attempted zina unjustifiably assumes that women outside of the supervision of their male relatives must have attempted to have sex."
Heather Barr, the Afghanistan researcher for the Human Rights Watch, told reporters "I think it's possible that as everyone anticipates the departure of foreigners [foreign soldiers], there is a feeling that in a sense things can go back to normal, and... people will be free to ignore [women's rights] in the future. If that's true, that's really is a tragedy, because these ideas didn't come from foreigners. These ideas came from Afghan women's rights activists."
The report comes days after the Afghan parliament failed to ratify a law that would help strengthen anti-violence measures in the country. On Saturday, the Speaker of the Lower House of Afghan Parliament delayed a vote on the Elimination of Violence against Women law after two hours of vociferous debate between conservative religious and more liberal members of Parliament. The Speaker did not specify when the measure would be placed on the floor for a vote again.
5/22/2013 - Army Commander Suspended for Adultery Amid Wave of Sexual Assaults
On Tuesday, Brigadier General Bryan T Roberts was suspended from his position as commander of the Fort Jackson, South Carolina training camp which trains approximately 60% of incoming female recruits pending an investigation into allegations of adultery.
Roberts was suspended following allegations of "adultery and a physical altercation." Colonel Christian Kubik, an Army spokesperson for the Training and Doctrine Command, told reporters "We don't have any evidence of any sexual assault. The allegations we have indicate a breach of order and discipline." Adultery is punishable under Article 134 of the Uniform Code of Military Justice when a member of the Army who is married has sexual intercourse with another person, and the circumstances are determined to potentially discredit the military. Though the case does not involve sexual assault, Roberts' suspension is the latest scandal of sexual misconduct in the military.
Last week an Army Sergeant 1st Class Sexual Harassment/Assault Result Prevention (SHARP) Coordinator and Equal Opportunity Advisor at Fort Hood in Texas who is being investigated for sexual assault. According to a statement released by the Department of Defense (DoD) the service member in question is being investigated for allegations of "pandering, abusive sexual contact, assault and maltreatment of subordinates." Two weeks earlier, an Air Force chief of sexual assault prevention and response was arrested on charges of sexual battery. Lieutenant Colonel Jeffery Krusinski groped a woman in a parking lot. She fought him off when he attempted to grab her again and immediately alerted the police. An anonymous spokesperson for the Air Force confirmed that Krusinski had been dismissed from his post in response to the allegations.
In addition, the Department of Defense issued an annual report in the beginning of May that showed that sexual assault in the military rose by 35% from 2010 to 2012. The report found that 26,000 members of the military experienced "unwanted sexual contact" in 2012 when answering an anonymous survey - a rate of approximately 70 assaults a day. The report also found only 3,374 reports of sexual assault were filed, according to the Pentagon. Of those cases filed, fewer than one in 10 ended with a court-martial conviction of sexual assault. In the majority of cases, the alleged attacker faced small administrative punishments or the case was dismissed.
5/21/2013 - Federal Judge Temporarily Blocks AR 12 Week Ban
A federal judge has issued a temporary injunction against a twelve week abortion ban in Arkansas while the constitutionality of the bill is in question.
U.S. District Judge Susan Webber Wright of Little Rock granted the request of two doctors involved in the case to block the enforcement of the bill. In her decision she said, "I believe that there is a threat of irreparable harm, because these doctors... could face loss of their license... They also have established that their patients could suffer irreparable harm by not being able to have abortions post 12-weeks but during that pre-viability period." The injunction will prevent the bill from going into effect until after Wright has heard closing arguments in the case and issued her decision. Currently, no date has been set to hear arguments in the case.
The "Human Heartbeat Protection Act," or Act 301, bans abortion once a human heartbeat is detected using a standard abdominal ultrasound, usually at 12 weeks gestation. The bill was passed into law when the state legislature voted to override the governor's veto. The ACLU and Center for Reproductive Rights have filed a lawsuit on behalf of two doctors in the state who are challenging the constitutionality of the pre-viability ban.
5/21/2013 - Lawmakers Introduce CPC Truth in Advertising Bill
On Friday, Congresswoman Carolyn Maloney (D-NY) and Senator Robert Menendez (D-NJ) introduced legislation that would allow the government to investigate crisis pregnancy centers (CPCs) that falsely advertise abortion services. The "Stop Deceptive Advertising For Women's Services Act," introduced in both the House and the Senate, would allow the Federal Trade Commission to investigate reports of CPCs advertising as providing abortion care without offering any such services just as any other consumer complaint. The bill would not affect CPCs that accurately advertise as not providing abortion services.
Maloney and Menendez were joined by cosponsors Senator Frank Lautenberg (D-NJ) and Senator Richard Blumenthal (D-CT) in announcing the bill. In a released statement, Maloney said, "Deception has no place when a woman is seeking information about her health or a pregnancy. Women shouldn't be deliberately misled or coerced when they seek legitimate medical services... While I will defend crisis centers' First Amendment rights even though I disagree with their view of abortion, those that practice bait-and-switch should be held accountable so that pregnant women are not deceived at an extremely vulnerable time in their lives." Menendez echoed her sentiments, "We have worked too hard to expand the availability of women's health care services to have any confusion created by those who would deliberately deceive a woman to suit their own purposes. I am proud to be an original sponsor of this legislation that is aimed at reducing the risk of women encountering unnecessary worry, anxiety and interference with getting the health care they need."
Crisis Pregnancy Centers, or CPCs, are often owned and operated by churches or anti-abortion groups that pose as legitimate health centers in an attempt to trick pregnant women seeking abortion care. CPCs will provide medically inaccurate information and convey religious beliefs in an attempt to convince women to carry their pregnancies to term. To learn more about CPCs visit the Choices Campus Leadership Program's Campaign to Expose Fake Clinics.
5/21/2013 - Teenager Charged with Felony and Expelled for Same-Sex Relationship
An 18 year old high school senior in Florida was charged with a felony and expelled from her school for a consensual same-sex relationship with a 15 year old classmate.
Kaitlin Hunt was arrested in February and charged with "lewd and lascivious battery on a child 12 to 16" after the parents of her partner filed charges against Hunt. According to Hunt's mother, Kelley Hunt-Smith, "These people never came to us as parents, never tried to speak to us... and tell us they had a problem with the girls dating...They were out to destroy my daughter. [They] feel like my daughter 'made' their daughter gay."
Hunt and her partner were both on the Sebastian River High School basketball team and in some classes together. Hunt-Smith maintains that the two had completely consensual relationship. According to the Free Kate Facebook page, "Kaitlyn's girlfriend denies that Kaitlyn ever pressured her and is adamant that their relationship is entirely consensual, but her parents are out to destroy Kaitlyn's life." When the basketball coach found out the two were dating, Hunt was kicked off the basketball team and the coach notified the other girl's parents, who pressed charges. Hunt was able to remain at Sebastian despite repeated efforts by her partner's parents to have her expelled. When they petitioned the school board, Hunt was expelled from school despite two judges and the school's administration denying their previous requests.
The State Attorney, Brian Workman, has offered Hunt a plea deal. If she accepts, she will face two years house arrest and one year probation. If she does not accept, she could go trial and if found guilty become a registered sex offender. She must decide whether or not to accept the offer by Friday. Her family has also created a petition on change.org that received so much traffic it crashed the site.
5/20/2013 - Walmart, American Retailers Refuse to Join Bangladesh Accord
Walmart, along with 13 other major North American companies, refused to sign a legally binding agreement to improve working conditions for overseas factory workers that manufacture their clothes after a garment factory collapsed in Bangladesh killing an estimated 1300 workers, the New York Times reports.
The agreement requires retailers pay $500,000 to improve worker safety measures over a five year period. The 13 other companies are The Foot Locker, Macy's, Sears, JcPenny's, North Place, The Gap, Kohl's, Nordstrom, Carters/Osh Kosh, North Place, Cato, The Children's Place, American Eagle and Target.
According to the Daily Kos, Walmart stated that it was "not financially feasible ...to make such investments."
Walmart refused to invest in worker conditions back in 2011 as well when a group of Bangladeshi and international unions put together a proposal.
The Swedish retailer H&M, Spanish Inditex (Zara), British Primark and Tesco, Dutch C&A, and others all announced their commitment to pay for fire safety and building improvements as part of an agreement with the global labor union IndustriALL. The agreement, called "Accord on Fire and Building Safety in Bangladesh," also requires independent safety inspections with public reports. Companies also agree to terminate business with any factory that does not complete required upgrades.
H&M is the largest clothing retailer that manufactures their products in Bangladesh and is the second largest worldwide. The largest worldwide retailer is Walmart. Walmart, along with other major US retailers, have announced that they will not participate in the accord. Instead Walmart has decided to perform its own review of factory safety standards, arguing that it will produce results more quickly. The Gap has announced that it would be willing to sign the agreement if a change could be made to its arbitration clause. U.S. retailer PVH which makes Tommy Hilfiger, Calvin Klein, and Izod, announced that they will sign the accord.
The decision to improve standards is the result of an eight story building collapse that killed over 1,100 workers at the end of April, and a small factory fire that killed eight last week. Last week, rescue efforts for the building collapse ended making the official death toll 1,127.
5/20/2013 - Nationwide Abortion Ban Introduced
Representative Trent Franks (R-AZ) has introduced a bill that will ban abortion after the 20th week of a pregnancy in the United States.
The bill, also called the D.C. Pain Capable Unborn Protection Act, originally would have banned abortion at 20 weeks gestation only in the District of Columbia. However, Franks decided to expand the bill nationwide following the murder conviction of Kermit Gosnell, a rogue doctor who performed illegal abortions in Pennsylvania. Franks has introduced the bill in previous sessions of Congress, but it was defeated.
Senator Eleanor Holmes Norton, who was scheduled to testify on the bill before it was expanded nationwide, issued the following statement,
"As we have always argued, the intent of my anti-choice colleagues in pursuing a D.C.-only abortion ban bill was to use the District of Columbia to get a federal imprimatur in their effort to overturn Roe v. Wade, and they thought they could do so in a stealth way by using the District. However, our efforts, together with our pro-choice allies nationwide, to highlight the nationwide intent and implications of the D.C. bill brought my anti-choice colleagues unwanted national attention, leaving them unable to hide behind the D.C. bill. Senator Mike Lee, the Senate sponsor of the D.C. abortion ban bill said he could not support a nationwide abortion ban bill because, ironically, it would violate 'states' rights,' so there could still be a unique threat to the District. With the help of women nationwide, we defeated the D.C. abortion ban bill on the House floor last Congress. Now that the Franks bill will expressly target all U.S. women, we can expect an even stronger national response to this attack on women's health."
Though Franks cites the case of Gosnell as the reason behind the ban, pro-choice activists argue that this type of law would lead to more cases like Gosnell. President of NARAL Pro-choice America, Ilyse Hogue said in a statement "Gosnell was a criminal whose activities were made possible by the very kind of anti-choice policies Franks is advancing. By cutting funding, reducing access and imposing unnecessary restrictions on safe and legal abortion, anti-choice politicians have forced women - especially low-income women - into the waiting hands of unscrupulous operators like Kermit Gosnell. We will fight this senseless attack and protect the rights of all women."
The bill will be read before the House Judiciary Subcommittee on the Constitution and Civil Justice on Thursday. The subcommittee is chaired by Representative Franks.
5/20/2013 - Afghan Violence Against Women Law Blocked in Parliament
On Saturday, the Speaker of the Lower House of Afghan Parliament delayed a vote on the Elimination of Violence against Women law after two hours of vociferous debate between conservative religious and more liberal members of Parliament. The Speaker did not specify when the measure would be placed on the floor for a vote again.
A number of conservative members of Parliament (MPs) raised their voices against the measure, deeming it un-Islamic. Although the EVAW law was issued by the executive decree of President Hamid Karzai in 2009, women's rights activist Fawzia Kofi, who also heads the women's committee of the Lower House, decided to introduce the EVAW in Parliament. Kofi was concerned that without the EVAW being approved by Parliament, the decree might be reversed by a newly elected President in 2014. Karzai is term limited and cannot run again in 2014. Some Afghan women's rights leaders opposed introducing the EFAW in Parliament for fear of having it defeated or repealed by conservative members.
According to the TOLO News "The parliamentarians who opposed the law call 6 of its articles to be against Islamic values." These articles include criminalizing child marriage and forced marriage, banning the traditional "BAAD" practice of exchanging girls and girls and women to settle disputes between families, making domestic violence punishable up to three years in prison, protecting rape victims from prosecution for adultery or fornication, limiting the number of wives a man can have to two, and established shelters for battered women.
One of the conservative MPS suggested that the article to eliminate prosecution of raped women for adultery would lead to more extramarital sex, with women claiming they had been raped just to escape punishment. Others claimed that a husband has the right to discipline his wife.
"There's a real risk this has opened a Pandora's box, that this may have galvanized opposition to this decree by people who in principle oppose greater rights for women," stated Heather Barr, a researcher for Human Rights Watch.
5/17/2013 - Another Military Sexual Assault Prevention Officer Arrested
On Wednesday night the manager of the Sexual Harassment and Assault Response and Prevention program for Fort Campbell, Kentucky, was arrested for stalking.
Army Lieutenant Colonel Darin Haas was arrested around 6:30 pm Wednesday night when his ex-wife called the authorities after receiving threatening text messages that violated her order of protection against Haas. Later that night Haas turned himself in and was charged with stalking and violating an order of protection. Haas was responsible for Fort Campbell's Sexual Harassment and Assault Response and Prevention and Equal Opportunity programs and has since been removed from his position. Haas was set to retire from the army and his replacement will take over his role immediately.
According to the Leaf Chronicle, Army officials are waiting to see the result of the civilian case before determining if any further action is needed.
Haas' arrest comes a few days after the Department of Defense announced an investigation of an Army Sergeant 1st class who served as the Sexual Harassment/Assault Result Prevention (SHARP) Coordinator and Equal Opportunity Advisor at Fort Hood in Texas on charges of "pandering, abusive sexual contact, assault and maltreatment of subordinates." Last week, an Air Force official responsible for sexual assault prevention and response was arrested for sexual battery. According to the Arlington Police Department, Lieutenant Colonel Jeffery Krusinski groped a woman in a parking. She fought him off when he attempted to grab her again and immediately alerted the police. An anonymous spokesperson for the Air Force confirmed that Krusinski had been dismissed from his post in response to the allegations.
5/17/2013 - Doctors Ask Judge to Block 12 Week Ban During Legal Challenge
Two doctors have requested that a federal judge temporarily block enforcement of Arkansas' 12 week abortion ban while the ban is facing legal challenges.
The "Human Heartbeat Protection Act," or Act 301, bans abortion once a human heartbeat is detected using a standard abdominal ultrasound, usually at 12 weeks gestation. The bill was passed into law when the state legislature voted to override the governor's veto. The ACLU and Center for Reproductive Rights have filed a lawsuit on behalf of two doctors in the state who are challenging the constitutionality of the pre-viability ban. They have also filed a request to block the enforcement of the ban while their lawsuit is pending. If no injunction is granted, the bill will take affect after August 16, 2013.
Earlier this month, the Attorney General for the state of Arkansas filed a motion to dismiss the case. However, U.S. District Judge Susan Webber Wright rejected their motion, stating that the doctors had provided a strong enough case to proceed with the lawsuit. In her ruling on the dismissal, she wrote, "The court finds at this pleading stage, plaintiffs have demonstrated a realistic danger of sustaining a direct injury as a result of Act 301's operation or enforcement, and they have presented a justiciable controversy that is ripe for review."
If a doctor terminates a pregnancy after 12 weeks that is not a result of rape, incest, or is to save the life of the mother, they could potentially lose their license. Opponents of the ban continued in her ruling, "Accepting these allegations as true, as the court must do at this juncture, the court finds that plaintiffs have alleged facts sufficient to state a claim that the provision of Act 301 that prohibits abortions at 12 weeks gestation when a fetal heartbeat is detected impermissibly infringes a woman's Fourteenth Amendment right to choose to terminate a pregnancy before viability."
A hearing is scheduled for today to determine whether or not to grant the plaintiffs' request to block enforcement. The case is Edwards v. Beck, 13-cv-00224, U.S. District Court, Eastern District of Arkansas.
5/17/2013 - House and Senate Committees Each Approve Separate Farm Bills Taking Substantial Cuts from Food Stamps Program
The House and Senate Agricultural Committees this week each passed separate versions of HR 1947, a farm program reauthorization bill. Although both vary in the severity of cuts taking place, each will take considerable funds away from the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps. The cuts come as efforts to reform "the farm bill," which structures the country's agricultural economic system.
The Senate bill, passed Tuesday, would cut $4.1 billion from SNAP over the course of ten years. The House version, passed Wednesday, cuts $20.5 billion. The full Senate is set to debate the legislation Monday; the House will debate their version in June.
The farm bill is overdue for reform, and efforts to pass it last year failed in the House. As of now, the farm bill in place is the version from 2008, extended until September 30. If the legislation ultimately makes it out of Congress, it will lay out a spending plan for farming subsidies and nutritional programs for the next five years. House Agricultural Committee Chairman Frank D. Lucas, a Republican from Oklahoma, praised the bill's initial passage as proof of "common ground," but the bill's bipartisan coalition of support stems in great part from Representatives Lucas and Colin C. Peterson's (MI-DFL) decision to increase the SNAP program budget cuts from an initial $16 billion in hopes of attracting more Republican support. Those who voted against the proposed bill were mostly Democrats.
Representative Jim Costa (D-CA), voted for the bill. "There is too much good in this bill to let it die," he said. He also warned, however, that "we still have more work to do to ensure the 2013 farm bill works for all Americans, including revisiting cuts to the Supplemental Nutrition Assistance Program."
SNAP has experienced growth over the last decade, due in great part to the economic recession. The Center on Budget and Policy Priorities estimates that two million people could be eliminated if the program is cut at these rates, with most of the disadvantaged being seniors or children. Poor families, which are often headed by single mothers, would be hit the hardest. American women are more likely to live in poverty than men across the United States.
Representative Jim McGovern (D-MA) and other Democrats on the House Committee offered an amendment to restore the proposed cuts to the program. It was defeated along party lines in a vote of 27 to 17 after heated debate about the food stamp program cuts, with multiple legislators using religious beliefs to sustain their respective political viewpoints.
"Christians, Muslims, Jews, whatever - we are failing our brothers and sisters," McGovern said.
5/16/2013 - NC House Advances Anti-Abortion Bill Amid Protests
The North Carolina state House passed an anti-abortion measure seeking to restrict state insurance coverage for abortion last night amid protests from pro-choice activists.
The bill, HB 730 [PDF], allows any health care provider to refuse to participate in an abortion because of moral objections and allows hospitals to refuse to perform abortion services, even if the mother's life is in danger. It would also prohibit any insurance plan under the state health insurance exchange from including abortion coverage.
One of the most controversial sections of the bill allows for any employer to refuse to provide contraceptive coverage on the basis of moral grounds in direct violation of the Affordable Care Act. HB 730 would rewrite the description [PDF] of a religious employer to "include any employer, including, but not limited to, a corporation, LLC, partnership, or sole proprietorship, whether on a for-profit or nonprofit basis, that has a religious, moral, or ethical objection to arranging for, paying for, facilitating, or providing health benefits plan coverage for contraceptive drugs or methods, including, but not limited to, any and all contraceptive drugs and methods approved by the United States Food and Drug Administration."
Planned Parenthood of Central North Carolina (PPCNC) staged a costumed protest during the morning committee hearing opposing the birth control provision. Women dressed as if they were in the 1960's filled the committee room and spoke on how the contraceptive provision would set back women's reproductive rights. Paige Johnson, Vice President of Public Affairs for PPCNC, said in a statement, "We're here to say to state legislators who want to turn the clock back to the 1950s: We like watching Mad Men - but we don't want to live in it. Women's preventive care - including birth control - is basic health care. Politicians and bosses have no business denying women access to this basic health care. This shouldn't be a revolutionary idea, but unfortunately it is to some."
State House Republicans are divided on the contraception provision. While the bill currently includes the birth control provision, late Wednesday night Republican leaders met behind-the-scenes to discuss removing the provision to ensure the bill passes the second House vote on Thursday. Even self-described "hard core" abortion opponent Bob Steinburg (R-Edenton) had reservations. He said, "It's almost like we're stepping back in time. To suggest in the 21st century that women would be prevented from having access to birth control - even as far to the right as I am - is going off the cliff. This is going too far."
5/16/2013 - El Salvador Supreme Court Hears Arguments to Save Beatriz's Life
Yesterday the Supreme Court of El Salvador heard open arguments in a case where they will determine if doctors can administer a medically necessary abortion for a woman who could die as a result of her pregnancy.
"Beatriz", who is currently 22 and is already the mother of a young infant, was diagnosed with multiple severe illnesses including kidney failure and lupus and is now 23 weeks pregnant. In addition, the fetus will not survive more than a few days outside the womb (if at all) due to a severe fetal abnormality where part of the brain does not develop. Doctors fear that if she continues with the pregnancy, Beatriz could lose her life. However, abortion in any circumstance is illegal in El Salvador and if Beatriz and her doctors proceed with the abortion without approval from the Supreme Court they could face up to 30 years in jail for aggravated homicide.
Yesterday, Beatriz and her mother pleaded before the Supreme Court to allow the abortion. Beatriz reiterated a statement that was released last week, "This baby inside me cannot survive. I am ill. I want to live." Her mother, Delmy, told the court, "My daughter wants to live for her one year old baby. She doesn't want it to be left alone. Therefore I ask you, like the mother that I am, I don't want my daughter to die. My daughter's life is your hands" [Spanish translated by FMF].
5/16/2013 - Military Justice Improvement Act Introduced in US House and Senate
Today, lawmakers in Congress introduced the Military Justice Improvement Act in the US House of Representatives and Senate. The Military Justice Improvement Act seeks to reform the current system of prosecution in the United States military.
17 members of Congress joined together in a press conference today to reveal the bipartisan legislation to reform the military justice system, including for cases involving allegations of sexual assault. The Military Justice Improvement Act would take any offense punishable by one or more years in confinement out of the chain of command except for charges directly related to the military (Absent Without Leave and disobeying orders). Instead, experienced military prosecutors would determine if the case required special or general court-martial. The bill would also prohibit convening authority from being used to overturn a guilty conviction or change a conviction to a lesser offense and requires written justification for any changes.
Senator Kirsten Gillibrand (D-NY), the bill's chief sponsor, said "America is home to the world's best and brightest, brave men and women who join the armed services for all the right reasons - to serve our country, defend all that we hold sacred, and make America's military the best the world has ever known. But too often, these brave men and women find themselves in the fight of their lives not off on some far-away battlefield, but right here on our own soil, within their own ranks and commanding officers, as victims of horrific acts of sexual violence. Our bipartisan bill takes this issue head on by removing decision-making from the chain of command, and giving that discretion to experienced trial counsel with prosecutorial experience where it belongs. That's how we will achieve accountability, justice and fairness."
Representative Jackie Speier (D-CA) reintroduced legislation last month specifically focused on reforming the military sexual assault response program. The Sexual Assault Training Oversight and Prevention Act (STOP Act) would take sexual assault cases out of the hands of chains of command and place it under the jurisdiction of an autonomous Sexual Assault Oversight and Response Office which will be comprised of civilian and military personnel. The STOP Act would also limit convening authority in cases of sexual assault.
This new legislation follows the case of an Army Sergeant 1st Class Sexual Harassment/Assault Result Prevention (SHARP) Coordinator and Equal Opportunity Advisor at Fort Hood in Texas who is being investigated for sexual assault. US Army Criminal Investigation Command is handling the investigation and the sergeant has been removed from all duties. According to a statement released by the Department of Defense (DoD) the service member in question is being investigated for allegations of "pandering, abusive sexual contact, assault and maltreatment of subordinates."
Two weeks earlier, an Air Force chief of sexual assault prevention and response was arrested on charges of sexual battery. Lieutenant Colonel Jeffery Krusinski groped a woman in a parking lot. She fought him off when he attempted to grab her again and immediately alerted the police. An anonymous spokesperson for the Air Force confirmed that Krusinski had been dismissed from his post in response to the allegations. Later that week, the Department of Defense issued an annual report that showed that sexual assault in the military rose by 35% from 2010 to 2012. The report found that 26,000 members of the military experienced "unwanted sexual contact" in 2012 when answering an anonymous survey - a rate of approximately 70 assaults a day.
5/15/2013 - Army Sexual Assault Prevention Coordinator Face Sexual Assault Charges
A U.S. Army Sergeant tasked with preventing sexual assault in the military is being investigated for charges of "abusive sexual contact."
The Sergeant 1st Class, whose name has not been released, served as the Sexual Harassment/Assault Result Prevention (SHARP) Coordinator and Equal Opportunity Advisor at Fort Hood in Texas. U.S. Army Criminal Investigation Command is handling the investigation and the sergeant has been removed from all duties. According to a statement released by the Department of Defense (DoD) the service member in question is being investigated for allegations of "pandering, abusive sexual contact, assault and maltreatment of subordinates."
This new investigation follows the case of an Air Force chief of sexual assault prevention and response who was arrested on charges of sexual battery. Lieutenant Colonel Jeffery Krusinski groped a woman in a parking lot. She fought him off when he attempted to grab her again and immediately alerted the police. An anonymous spokesperson for the Air Force confirmed that Krusinski had been dismissed from his post in response to the allegations. Later that week, the Department of Defense issued an annual report that showed that sexual assault in the military rose by 35% from 2010 to 2012. The report found that 26,000 members of the military experienced "unwanted sexual contact" in 2012 when answering an anonymous survey - a rate of approximately 70 assaults a day.
As a result of these recent cases, Secretary of Defense Chuck Hagel has ordered all military personnel responsible for sexual assault prevention and response, in addition to recruiters, to be retrained, re-credentialed, and re-screened. Senator Kristen Gillibrand (D-NY), Chair of the Senate Armed Services Subcommittee announced that she will be introducing legislation with Senator Barbara Boxer (D-CA) that will remove military sexual assault cases out of the chain of command. In a statement Gillibrand wrote:
"For the second time in a week we are seeing someone who is supposed to be the tip of the spear preventing sexual assault being investigated for committing that very act. We have to do better by the men and women serving. And assure them that they will be serving and not be attacked by their colleagues, and not be subject to this kind of treatment.We have the best and the brightest serving in our military. We have the greatest military in the world. And we ask everything of them. We ask them to even die for their country. We should not be asking them to be subject to sexual assault and rape.It is time to get serious and get to work reforming the military justice system that clearly isn't working. I believe strongly that to create the kind of real reform that will make a difference we must remove the chain of command from the decision making process for these types of serious offenses."
"Military sexual assault is an outrage," exclaimed Eleanor Smeal, President of the Feminist Majority, following the release of the DoD report. "There is no excuse. We must take military sexual assault cases out of the chain of command so those responsible are held accountable for their egregious actions. No more coddling, no more protection, no more promoting of predators."
5/15/2013 - Western Retailers Pledge To Increase Safety in Bangladesh Factories
This week, major Western clothing retailers announced their support of new safety regulations in Bangladesh garment factories following the eight story building collapse that kill over 1,100 people.
The Swedish retailer H&M, Spanish Inditex (Zara), British Primark and Tesco, Dutch C&A, and others all announced their commitment to pay for fire safety and building improvements as part of an agreement with the global labor union IndustriALL. The agreement, called "Accord on Fire and Building Safety in Bangladesh," also requires independent safety inspections with public reports. Companies also agree to terminate business with any factory that does not complete required upgrades.
H&M is the largest clothing retailer that manufactures their products in Bangladesh and is the second largest worldwide. The largest worldwide retailer is Walmart. Walmart, along with other major US retailers, have announced that they will not participate in the accord. Instead Walmart has decided to perform its own review of factory safety standards, arguing that it will produce results more quickly. The Gap has announced that it would be willing to sign the agreement if a change could be made to its arbitration clause. U.S. retailer PVH which makes Tommy Hilfiger, Calvin Klein, and Izod, announced that they will sign the accord.
The decision to improve standards is the result of an eight story building collapse that killed over 1,100 workers at the end of April, and a small factory fire that killed eight last week. On Monday, rescue efforts for the building collapse ended making the official death toll 1,127.
5/15/2013 - Pregnant Workers Fairness Act Introduced in Congress
Yesterday, the Pregnant Workers Fairness Act was introduced in both the U.S. House of Representatives and Senate aimed at strengthening workplace protections for pregnant workers.
The bill is aimed at strengthening the Pregnancy Discrimination Act of 1978, which prohibits workplace discrimination based on pregnancy, childbirth, or related medical conditions. Despite being illegal to fire someone for being pregnant, women are often forced to take unpaid leave during their pregnancy or fired for related accommodations that are ordered by a physician, but not honored by their employer. In a statement by Emily Martin of the National Women's Law Center, Martin cites stories of women such as Amber Walker who is "the only female truck driver for a beer distributor in Iowa, who asked for help with heavy lifting or a temporary assignment to a different position during the final months of her pregnancy. Although the company routinely accommodated employees with injuries - and even had a policy allowing drivers who lost their license from drunk driving to apply for new positions in sales - it denied Walker's request and forced her to take unpaid leave. Six days after her baby was born, Walker's leave was already used up. When she failed to return to work one week after giving birth, she was fired."
The Pregnant Workers Fairness Act is being sponsored in the Senate by Senators Jeanne Shaheen (D-NH) and Bob Casey (D-PA) and in the House of Representatives by Representatives Jerrold Nadler (D-NY), Carolyn Maloney (D-NY), Jackie Speier (D-CA), Susan Davis (D-CA), and Marcia Fudge (D-OH). In their statements, both Senator Shaheen and Representative Jerrold Nadler describe the bill "The Pregnant Workers Fairness Act requires employers to make reasonable accommodations for pregnant workers and preventing employers from forcing women out on leave when another reasonable accommodation would allow them to continue working. The bill also bars employers from denying employment opportunities to women based on their need for reasonable accommodations related to pregnancy, childbirth, or related medical conditions."
5/14/2013 - Federal Judge Refuses to Stay Order on Emergency Contraception
On Monday, the federal government appealed to the 2nd U.S. Circuit Court of Appeals to block the unregulated sale of emergency contraception, commonly called Plan B, after a federal judge refused to delay the enforcement of his decision to make Plan B available over the counter for women and girls of all ages.
On Friday, U.S. District Judge Edward Korman in Brooklyn refused a request by government lawyers to delay the implementation of his decision while the federal government has a pending appeal. He responded harshly, "If a stay is granted, it will allow the bad-faith, politically motivated decision of Secretary Sebelius, who lacks any medical or scientific expertise, to prevail - thus justifiably undermining the public's confidence in the drug approval process." He also argued that the appeal of his decision was an effort to "vindicate the improper conduct of the secretary."
Lawyers for the administration argued that if the pills were made available with no restrictions during the pending appeal it could cause market confusion if the restrictions are upheld as a result of the appeal. Judge Korman responded that such an argument was "largely an insult to the intelligence of women."
Late May 1, the Obama Administration filed an appeal in the 2nd Circuit Court of Appeals challenging a federal judge's decision that emergency contraception must be made available over the counter with no age restrictions. The announcement came a day after the FDA approved new guidelines for the sale of emergency contraception. Under the approved guidelines, anyone purchasing Plan B must have proof that they are 15 years of age, either a driver's license, passport, or birth certificate. Anyone who cannot prove their age will be denied the medication. U.S. District Judge Edward Korman ruled in early April that the morning-after-pill must be made available over the counter for any girl, regardless of her age. He ordered the FDA to lift any age and sales restrictions on Plan B within 30 days.
5/14/2013 - Minnesota Becomes 12th State to Legalize Same-Sex Marriage
Yesterday the Minnesota state Senate approved a bill that will allow same-sex couples to marry in the state beginning August 1, 2013. The Minnesota Senate voted in favor of marriage equality 37 to 30, after the state House approved the bill on Thursday in a vote of 75 to 59. Governor Mark Dayton (D) is scheduled to sign the bill into law tomorrow.
Senator Roger Reinert (DFL-District 07) spoke to members of the Senate about his sister's choice to marry and about his own future dreams of marriage: "Fifty years ago, it would be about the color of her skin. One hundred years ago, it would be about her gender. Each time our country reached this decision point it has come out on the right side of history... Expanding rights does nothing to diminish mine. I vote today to give something that is not mine to give. I vote today to recognize for all, the very same desires I have for myself."
Senator Vicki Jensen (DFL-District 24) said, "I could never and I would never deny the kind of recognition and all the other positive things I get out of my marriage with my husband, to anyone else."
Senator Scott Dibble (DFL-District 61), the bill's sponsor, argued before the Senate, "Here in Minnesota, Richard [my husband] and I are legal strangers to each other. How can that be OK?... Vote yes for freedom, vote yes for family, for commitment, for responsibility, for dignity. Vote yes for love."
Once the governor signs the bill into law, Minnesota will join Rhode Island, Delaware and nine other states and the District of Columbia in allowing same-sex couples to marry. Delaware and Rhode Island approved similar measures last week.
