The Issues We Face: Reproductive Rights
The following is the first installment of a
leftofaggieland series: The Issues We Face, an in depth look at the issues that progressive activist will face in the coming year and the coming 111th Congress and 81st Texas Legislature.
Reproductive rights will continue to be an important issue and the public debate may intensify in the next year, despite electing a pro-choice President, having Democratic majorities in both the United States House of Representatives and the United States Senate, and defeating anti-choice legislation in California, Colorado, and North Dakota. The defeats that the anti-choice movement has been handed this year will galvanize the activist in that movement, even though for the first time in eight years the anti-choice movement will be on the outside looking in.
Legislating Choice:
There are four bills in the Texas legislature that have been pre-filed that concern reproductive rights. Vince at Capitol Annex reported on the “informed consent” bills that have been filed in both the Texas House and Senate, and pointed to studies that showed the literature that women are subjected to are flawed and have to potential to misinform women:
“An analysis of these state-developed materials demonstrates that they do not always measure up to the gold standard of informed consent. Particularly with regard to certain hot-button issues, the information presented is either out-of-date, biased or both. In some cases, the state goes so far as to include information that is patently inaccurate or incomplete, lending credence to the charge that states' abortion counseling mandates are sometimes intended less to inform women about the abortion procedure than to discourage them from seeking abortions altogether.”
HB 36, authored by Representative Frank Corte (R-122), was pre-filed last month and would remove the exception of a medical emergency from the current consent law; meaning that even if condition exist that necessitates the immediate abortion of her pregnancy to avert her death the pregnant woman must be subjected to “informed consent.” The bill states that the pregnant woman must be informed of the medical risk of abortion when “medically accurate” including the false claim of the “possibility of increased risk of breast cancer following an induced abortion and the natural protective effect of a completed pregnancy in avoiding breast cancer.”
Another bill that was pre-filed in the State Senate is SB 182, authored by Senator Dan Patrick (R-7); the bill is identical to HB 36.
Corte also authored HB 44, which would require a pharmacist inform a customer seeking to purchase emergency contraception that it will “prevent the fertilization of an egg; or the implantation of a fertilized egg in the uterus.” This would legalize intimidation of customers seeking a legal contraceptive, like what has recently been reported in an incident at an Oxford, Mississippi Walgreens. Also, businesses which sell emergency contraception would be required to post the following sign:
“If you believe that life beings at fertilization – the point where the sperm and egg unite – then you need to know that emergency contraception may either function as a contraceptive to prevent the egg and sperm from uniting or prevent the implantation of your already fertilized egg in your womb. The pharmacist dispensing this drug is required to explain to you how the product may help to prevent your pregnancy.”
HB 109, authored by Representative Larry Phillips (R-62), would authorize the Department of Transportation to issue “Choose Life” license plates, and establish a “Choose Life” account to donate money to an eligible organization to “provide counseling, training, advertising, and pregnancy testing.” The organizations that are eligible cannot “provide abortions or abortion-related services or make referrals to abortion providers; is not affiliated with an organization that provides abortions or abortion-related services or makes referrals to abortion providers; and does not contract with an organization that provides abortions or abortion-related services or makes referrals to abortion providers.” This bill is specifically design to support crisis pregnancy centers which studies have shown to be ineffective and offer little or no actual medical services.
Public’s View on Abortion:
Abortion was not a major issue in this year’s election, in fact social issues where not the wedge issues that they have been in previous elections. According to a Gallup Poll only 13% of those surveyed held the opinion that a candidate must share their opinion on abortion to gain their vote, while 37% felt that abortion was not a major issue and 49% viewed abortion as just one of many important factors. It is likely that the voters that make up the 13% are either steadfastly pro-choice or pro-life, and those groups are on the left and right flanks of both party and do not decide elections.
In CNN/Opinion Research Corporation Poll (Aug. 29-31, 2008) conducted this year 53% of those polls identified themselves as pro-choice while 44% identified themselves as pro-life. However the same poll conducted a year prior found that 45% of those polled identified themselves as pro-choice while 50% identified themselves as pro-life. Whether or not someone identifies themselves as pro-choice or pro-life does not begin to delve into the complexity of the issue. According to a Gallup Poll 40% of Americans view abortion as morally acceptable while 48% percent believe it is moral wrong, which means that whether or not someone self identifies as pro-choice or pro-life does not necessarily correspond to a clear distinction of their view of the morality of abortion.
While the views of the public on abortion as a moral issue may be ambiguous, the majority of Americans do share the few that abortion should remain legal. In an ABC News/Washington Post Poll (Aug. 19-22, 2008) 54% of those polled agreed that abortion should be legal in all or most cases, while only 18% agreed that abortion should be legal in all cases. In fact over the last twelve years that same poll has found that on average %18.6 of those polled felt that abortion should be legal in all cases. In a Quinnipiac University Poll (July 8-13, 2008) when asked if “in general, do you agree or disagree with the 1973 Roe v. Wade Supreme Court decision that established a woman's right to an abortion” 63% of those surveyed agreed.
So while much of the public may grapple with the moral implications of abortion and to what extent abortion should be legally made available, the majority of the public believes that abortion should not be made completely illegal.
The framing of the abortion debate by the anti-choice movement may change, because the anti-choice movement is driven by the far right conservatives. How the Republican party emerges after the defeats of the last two elections will in part determine the direction that the anti-choice movement takes. If the intellectual conservatives and the moderates in the Republican Party take control of the direction that the GOP it is possible that the anti-choice movement will lose influence and become less of a factor. However, if the ultra conservatives gain control then the wedge issues and the far right fridge elements will push the debate.
The shape of the abortion debate and reproductive rights will change in the next year, and it will continue to change as medical and technology advances pose new moral questions. The pro-choice movement must now focus on preventing the eroding of reproductive rights and continue to protect choice. This is the fundamental tenant of the pro-choice movement; the choice should remain.
