From Wisconsin to Washington, Anti-Choice Legislators Push Unconstitutional 20-Week Abortion Bans

In Congress and state legislatures across the country, right-wing politicians are pushing hard to construct new barriers to women exercising the constitutional right to have an abortion.

Earlier this month the U.S. House passed a bill banning abortions after 20 weeks of pregnancy, and GOP legislators in Wisconsin are staging a parallel attack. They introduced a similar 20-week ban, which Gov. Scott Walker has indicated he would sign, and have scheduled a hearing on the bill for next week. PFAW supporters in Wisconsin will be out in force to demonstrate their commitment to protecting this core right.

A couple of important points about 20-week bans: first, they are plainly unconstitutional. One of the main holdings of the 1973 Roe v. Wade decision was a woman’s right to an abortion before the fetus becomes viable – that is, the point when a fetus could survive outside the uterus. As Imani Gandy writes at RH Reality Check:

In the past 40 years, the Court has never wavered from the fetal viability benchmark…Courts have consistently smacked down legislative attempts to ban abortions at 20 weeks. But states are undeterred by such pedestrian concerns as constitutionality.

Pushing these bans are a deliberate effort to prompt a challenge to the Roe decision, which anti-choice groups believe they can win.

Second, the overwhelming majority of abortions (close to 99 percent) happen before 21 weeks. Those that happen after that are often because of a complicated situation – such as the discovery of a severe fetal abnormality – and the path forward should be determined by a woman and her doctor, not by politicians looking to score points with their base.

Finally, and perhaps most importantly, these bans are part of an anti-choice agenda with a much broader goal: banning abortions across the board. From mandatory waiting period laws to “personhood” efforts which would give embryos full legal rights from the moment of conception, the anti-choice movement is playing the long game and slowly “chipping away at choice.”

When legislators try to insert themselves into decisions that should be made by women and their health care providers, it’s more than a political ploy. It’s a real threat to every woman’s health and autonomy.

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PFAW’s Drew Courtney Discusses Josh Duggar and Mike Huckabee Hypocrisy on ‘Politics Nation with Al Sharpton’

On Friday, PFAW Communications Director Drew Courtney joined Rev. Al Sharpton on MSNBC’s ‘PoliticsNation’ to talk about Mike Huckabee’s response to Josh Duggar’s sexual abuse scandal. After Duggar admitted to sexually abusing young girls as a teenager, Huckabee, a presidential hopeful, posted a lengthy Facebook status supporting Duggar and his family. He claimed Duggar was victimized by the public’s “insensitive bloodthirst” for scandal, and called Duggar’s actions inexcusable, but not unforgivable.

Courtney said that while he doesn’t believe he should tell Huckabee how to respond to the allegations, it is fair to look at how Huckabee has responded to other issues. As Courtney explained, Huckabee “responded with outrage when gay and lesbian people were allowed to serve openly in the military. He responded with outrage every time we’ve seen laws to protect LGBT people at work.” And Courtney reminded viewers that Huckabee has even “responded with so much outrage to marriage equality that he’s compared gay people to Nazi propagandists and people who have sex with sheep.”

Huckabee’s support for the Duggars is shaded by his own hypocrisy, Courtney explained: Huckabee “seemed kind of stunned by the judgment that he feels the Duggars have received, but he’s responded with bitterness and judgment at every step along our country’s way to legal equality for gay people.” Courtney commented, “I hope that, frankly, [Huckabee] remembers this feeling next time he decides that he should be attacking gay and lesbian families in order to score some political points.”

Watch the clip here, from Mediaite. 
 

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Rebuffed by Republican Legislators, Bobby Jindal Issues Executive Order on 'Religious Liberty'

In a Republican presidential field crowded with far-right candidates, Louisiana Gov. Bobby Jindal is trying to distinguish himself as the far-rightest candidate, especially on issues relating to marriage equality and its supposed threat to the religious freedom of conservative Christians.

Jindal’s latest came at the end of the day on Tuesday. Unwilling to accept the legislature’s failure to pass a so-called “religious liberty” bill (it was voted down 10-2 in a House committee), Jindal issued an executive order designed to protect any person who “acts in accordance with a religious belief that marriage is between one man and one woman.” The order explicitly defines “person” to include for-profit corporations and well as nonprofit organizations.

Jindal has adopted the rhetorical strategy promoted by the National Organization for Marriage and other opponents of LGTB equality: try to turn conversation about anti-gay discrimination “on its head” by declaring that laws protecting gay people are actually a form of discrimination against Christians. His statement about the executive order said it was designed to “prevent the state from discriminating against persons or entities with deeply held religious beliefs that marriage is between one man and one woman.”

Jindal’s order invokes the Supreme Court’s decision in Hobby Lobby, making it the latest sign that the decision – which granted corporations a right to claim legal exemptions based on the religious beliefs of company owners -- poses a threat to nondiscrimination measures and potentially a wide range of laws protecting the interests of workers. Jindal declared that his order is “not about discrimination,” even though its clear intent is to give legal cover to companies, government officials, and others who discriminate against same-sex couples.

Louisiana does not currently give legal recognition to same-sex couples, but Jindal is concerned that the state’s ban on marriage equality may soon be struck down by the Supreme Court, a potential ruling which his order seems to be a legally questionable effort to pre-empt. Jindal should be asked to clarify exactly what actions his legislation is designed to “protect”: a courthouse clerk who refuses to process marriage license paperwork? Religious schools getting tax dollars under Jindal’s education policy refusing to accept children of gay parents? Catholic hospitals refusing to recognize the spousal or parental rights of gay couples during medical emergencies?   

Jindal’s “religious liberty” bill had been opposed by business and tourism leaders as well as civil rights groups. The New Orleans Times Picayune reports that the New Orleans Convention and Visitors Bureau CEO Stephen Perry had called the bill “a radioactive, poisonous message.”

But Jindal’s primary audience is no longer his Louisiana constituents; it's right-wing activists nationwide. Jindal boasted about the executive order by stopping by the radio program hosted by Family Research Council President Tony Perkins, an anti-gay activist who once suggested that LGBT non-discrimination measures would lead to the Holocaust perpetrated against Christians.

Right-wing pundit and Iowa GOP activist Steve Deace reacted rapturously, proclaiming Jindal his “winner of the week” for standing up to “Republicrats.”

Jindal immediately stepped in and ordered that while he’s governor the state government is not going to be a tool of the Cultural Marxists’ Rainbow Jihad against religion — particularly Christianity….

This action by Jindal is an example of what will be required of the next president if he’s going to truly honor his oath of office to defend our Constitution against all enemies — “both foreign and domestic.”

Let’s face it, the vast majority of alleged conservatives won’t stand up to the Democrats. And almost none of them will stand up to the Republicrats. On perhaps the most important issue of them all — the First Amendment that allows us the freedom to peacefully and publicly stand on principle for everything else — Jindal has done both.

But he didn’t just stand up to them rhetorically, he actually did something about it. There are several potentially exciting presidential candidates this cycle. There’s even a couple that like Jindal have shown they will tell the Republicrats bleeding us dry to stick it where the sun doesn’t shine.

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GOP: President Obama's Out to Destroy Our Nation Through His Executive Actions on Immigration

This piece was written by PFAW Political Director Randy Borntrager and originally appeared in the Huffington Post. 

On May 19, part of President Obama’s executive actions to keep DREAMers and families from being deported was supposed to go into effect, but they’ve been temporarily blocked because of a lawsuit brought on by anti-immigrant Republicans. This week, immigration groups and progressive organizations across the country are rallying in support of the President’s executive actions.

After reading so many anti-Obama, anti-immigrant screeds, I began to wonder, what if all the Right’s most extreme rhetoric came together in one place? Behold! The ultimate anti-immigrant op-ed, brought to you by the Republican Party and their extremist base! Included are actual statements from GOP leaders and activists like Former Governor Jeb Bush, Representative Steve King (IA), and anti-immigrant leader William Gheen.

President Obama’s Out to Destroy Our Nation Through His Executive Actions on Immigration

President Obama’s lawless executive actions on immigration that protect DREAMers and families from deportation are an insult to the American people. Obama is acting like a Latin American dictator, King George, a tyrant, and Putin, abusing his power to promote his nefarious agenda.

This literally could be the death of the Republic. The executive actions could cause our country to descend abruptly into an abyss that we have never seen in the history of this country. Or at the least, the executive actions will turn us into a lawless third-world nation. Our Constitution will certainly be torn asunder.

If we stop families from being deported, we open the doors for our country to be invaded by immigrants, one person at a time. Our pockets are being picked and innocent people are being killed by illegal aliens and hurt and robbed and beaten and raped by criminal foreign nationals that are in our country. Most undocumented immigrants are 130-pound drug runners with calves the size of cantaloupes.

They're going to be dependent on welfare and handouts and hence will be dependent on the Democratic Party for their livelihoods. These immigrants just come here for easy acquisition of public support through welfare programs. They’re rushing over here because they’ve heard there’s a bowl of food just across the border. And once they’re here, they’ll raid the Social Security system and lie about their work history.

The impending new Latino majority in the U.S. (which will happen soon because of course immigrants are more fertile than native-born Americans) is dangerous – they could conduct an ethnic cleansing.

We can’t stand idly by as the President does this – he’s not above the law and above the Constitution. The Senate should not confirm a single nominee—executive or judicial—outside of vital national security positions, so long as the illegal amnesty persists. We could also shut down the government again!

But that’s not enough. We have a constitutional duty to stop this runaway, imperial presidency – should we impeach Obama? And at some point, we have to evaluate whether the president's conduct aids or abets, encourages, or entices foreigners to unlawfully cross into the United States. That has a five-year in-jail penalty associated with it. We must also start talking about treason. Obama’s action certainly is an act of treason because it’s aiding and abetting the enemies of America and giving them comfort and aid.

So let’s arrest the president of the United States! If not, there could be civil war.

To see even more anti-immigrant, anti-Obama rhetoric from the GOP – and who’s saying what – check out People For the American Way’s recent memos on this issue.

PFAW

PFAW Criticizes Jeb Bush for Taxpayer Funding of Anti-Gay Group

In an International Business Times article from earlier this month, Andrew Perez and David Sirota reported that Jeb Bush, as governor of Florida, used taxpayer funds to subsidize a company owned by the far-right, anti-gay American Family Association (AFA).

Specifically, the “lucrative tax break” that Bush delivered helped the company’s production of “Web filter technology to prevent Internet users from seeing pornography or information about homosexual relationships or transgender identities.”

In the article, People For the American Way President Michael Keegan pointed out that Bush’s actions highlight his extremism as an elected official:

"That Jeb Bush gave taxpayer money to a subsidiary of a hate group whose founder has compared homosexuality to theft and murder and has claimed that gay people target children speaks volumes about who Bush is as an elected official,” said Michael Keegan of the liberal activist group People for the American Way. “If there was any question about his extremism before, this eliminates any shred of doubt.”

People For the American Way has long monitored the far-right, homophobic actions and rhetoric of the American Family Association. When Bush first provided the tax break to AFA’s company, PFAW was one of the leading groups to call him out on it. In 2001, PFAW President Ralph G. Neas and PFAW Florida Director Lisa Versaci urged Bush to rescind his support for an organization whose president had declared: “For the sake of our children and society, we must oppose the spread of homosexual activity! Just as we oppose murder, stealing, and adultery.”
 

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PFAW Foundation Board Member Kathleen Turner Discusses Abortion Access, the “Personhood” Movement on “All In with Chris Hayes”

People For the American Way Foundation board member Kathleen Turner appeared on “All In with Chris Hayes” on Friday to discuss the “personhood” movement and how it’s working in concert with its rivals in the anti-choice movement to end abortion access, especially for low-income women.

Turner said that she sees “personhood,” which would give fertilized eggs and fetuses the same rights as people, as “a Trojan horse.”

She explained:

The fact is because [personhood] has been soundly defeated in several states – Mississippi, North Dakota – that one thinks that it’s a non-issue. But in fact at the same time, there’ve been hundreds, hundreds of bills in every state that have made it more and more difficult to access any kind of healthcare, not just abortion.

Watch the full clip here:

To learn more about the personhood movement, be sure to check out PFAW Foundation’s new report, “The Personhood Movement: Where It Comes from and What It Means for the Future of Choice,” and read Kathleen Turner’s piece in RH Reality Check, “Think the “Personhood” Issue Is Over? Think Again.”

 

PFAW Foundation

House GOP Schedules Vote On 20-Week Abortion Ban That Still Erects Hurdles For Rape Survivors

Back in January, House Republican leaders cancelled a vote on a 20-week abortion ban, the top legislative priority of anti-choice groups, shortly before it was scheduled to take place on the anniversary of Roe v. Wade. A group of more moderate anti-choice Republicans, led by Rep. Renee Ellmers, had objected to language that exempted rape survivors from the ban only if they had reported the assault to law enforcement first, which Ellmers said “further victimized the victims of rape.”

Anti-choice groups were furious and have been holding protests outside the offices of House Republican leaders demanding a new vote on the bill. It seems that they have now gotten their wish.

A number of outlets are reporting that the House leadership has scheduled a vote next week on the 20-week ban after months of negotiations about the rape exception. According to news reports, while the requirement that rape survivors file a police report is no longer in the bill, they are now required to present evidence that they “have received either medical treatment or licensed counseling at least 48 hours prior to the late-term procedure.”

According to LifeNews, the bill also includes an “informed consent” requirement that notifies women “of the age of her baby and the requirements under the law” and includes language making it easier to sue abortion providers.

The Weekly Standard reports that National Right to Life Committee and the Susan B. Anthony List are both behind the new version of the bill:

In 2013, the House passed the bill, called the “Pain Capable Unborn Child Protection Act,” which included exceptions in the cases of rape, incest, and when a physical health issue endangers the life of the mother. But an effort to pass identical legislation in the new Congress was scrapped in January on the eve of the annual March for Life because some GOP members, led publicly by Rep. Renee Ellmers of North Carolina, objected to the bill's reporting requirement for late-term abortions in the case of rape. The bill required the crime to be reported to law enforcement officials at any point prior to performing a late-term abortion.

According to House Republicans, that requirement has been removed from the bill. Instead, the legislation requires abortion doctors to ensure that victims have received either medical treatment or licensed counseling at least 48 hours prior to the late-term procedure. With that change, the bill has assuaged the concerns of those Republican members while still garnering strong support of national pro-life groups, including the National Right to Life Committee and the Susan B. Anthony List.

“I’m proud we’ve gotten to a point where we found a consensus between our members and the pro-life groups out there,” said Rep. Diane Black of Tennessee.

The fact that there was a rape exception in the bill at all was the result of last-minute negotiations on a previous version of the bill after its sponsor, Trent Franks, made a Todd Akin-like remark about pregnancy from rape being rare. As we explore in our recent report on the “personhood” movement, rape exceptions are extraordinarily divisive within the anti-choice community. The National Right to Life Committee’s decision to support the Franks bill even with the narrow rape exception caused a number of state anti-choice groups to form a rival organization that pushes for “no exceptions” anti-choice policies.

Blogger Jill Stanek reports that one person involved in the negotiations on the current version 20-week ban told her, “This is the most complicated bill I’ve ever worked on.”

PFAW

The Personhood Divide: The Anti-Choice Movement's Bitter Feud Over The Best Way To End Legal Abortion

(Originally posted on RightWingWatch.org)

The “personhood” movement — those who seek sweeping bans on all abortion and common types of birth control in an effort to confront Roe v. Wade head-on — is hugely divisive within the anti-choice community. Groups like National Right to Life Committee, which have been pushing a more careful, incremental approach toward ending legal abortion, worry that the personhood movement risks undermining their progress toward the ultimate goal. Meanwhile, personhood advocates accuse groups like NRLC of selling out the ultimate goal in the service of small steps that they claim will never lead to the full criminalization of abortion.

A few months ago, we published a series of posts exploring the anti-choice personhood movement, its history, and how it is confronting a changing political landscape. People For the American Way Foundation has adapted that series into a report, “The Personhood Movement: Where It Comes From And What It Means for the Future of Choice,” which was released today. 

As the national debate over a NRLC-backed federal bill banning abortion after 20 weeks of pregnancy have shown, one of the major sticking points between the two factions is whether the anti-choice movement should accept “compromises” that exempt women who have been raped from abortion bans. From the report’s introduction:

The largest and best-funded groups opposing abortion rights have, over the past several years, achieved astounding success in chipping away at women’s access to legal abortion in the United States. But these successes, Personhood Alliance’s founders maintain, are too small and have come at a grave cost.

In seeking mainstream approval for anti-choice politics, personhood advocates believe, groups like the National Right to Life Committee (NRLC) and Americans United for Life (AUL) have adopted a secular tone and downplayed their Christian origins. In focusing on drawing attention to issues like late-term abortion, they may have won some support for the cause but have done little to end the procedures they targeted. In seeking incremental successes, personhood advocates argue, the movement has given up on making a moral argument for the humanity of fertilized eggs and fetuses and lost sight of its larger goal of eliminating legal abortion entirely.

But the greatest betrayal in the eyes of these personhood advocates is the willingness of major anti-choice groups to endorse legislation that includes exceptions for pregnancies resulting from rape and incest. The personhood movement’s leaders contend that these political concessions are not only immoral and intellectually inconsistent, but also threaten to undermine the movement’s goals in the long term.

The personhood movement provides an interesting look into the bitter “incrementalist vs. immediatist” divide that has split the anti-choice movement since before Roe v. Wade. Both sides want an end to legal abortion; neither trusts the other to get there. But in the meantime, each is making progress in making it more difficult and more dangerous for women to access safe and legal reproductive care.

PFAW Foundation

People For the American Way's New Spanish-Language Radio Ad Calls Out Marco Rubio

In anticipation of Marco Rubio’s announcement that he is running for President, People For the American Way launched a Spanish-language radio ad criticizing Rubio for his dangerous agenda that ignores the interests of working families, including Latinos. The ad makes clear how Rubio is no different from the rest of the GOP; his far-right positions should disqualify him from the Presidential ticket.

The ad runs this week, starting Monday morning, on Spanish-language radio stations in Miami, FL and Denver, CO.

Listen to the radio ad here:

You can find full Spanish and English transcripts here.

PFAW

PFAW Calls Out Ted Cruz for His Doublespeak on Immigration

If Ted Cruz is so proud of his anti-immigrant stance, why won't he talk about it in Spanish?

In launching his campaign this week, Ted Cruz released an English-language video celebrating both his immigrant history and his work “putting everything on the line to stop President Obama’s illegal and unconstitutional amnesty.” But in the Spanish-language version, Cruz again celebrates his immigrant history, but makes no mention of his anti-immigrant leadership.

 

Read People For the American Way's statement calling out Cruz for his doublespeak.

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