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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

Judicial Elections and Government Integrity at the Supreme Court

It isn’t just judges who risk the appearance of corruption when they engage with funders.
PFAW Foundation

Diversity vs. Scalia at Marriage Oral Arguments

Bringing her own experience to the bench, Justice Kagan helps Justice Scalia with a point that should have been obvious to him.
PFAW Foundation

Are Conservative Justices Suggesting that Oppression Justifies More Oppression?

Historical discrimination against gays and lesbians warrants heightened scrutiny under Equal Protection, not continued discrimination.
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In Marriage Arguments, Scalia Overlooks the People's Role in Adopting Equal Protection

Scalia says judicial interpretations of Equal Protection bypass the people, but it was the people who chose to constrain themselves with Equal Protection.
PFAW Foundation

Justice Ginsburg Tackles Idea that Marriage Definition Has Existed for Millennia

Marriage as it existed for much of our nation's history violates the 14th Amendment, as does today's exclusion of same-sex couples from the institution.
PFAW Foundation

“Selma” Release Offers Great Opportunity to Organize Around Civil Rights

On May 5, “Selma” – the award-winning film chronicling the voting rights movement and its violent opposition – will be released on DVD. And while this year marks the fiftieth anniversary of the marches from Selma to Montgomery that culminated in the signing of the Voting Rights Act, the fight to ensure that all Americans have equal access to the voting booth continues today. Voter suppression still threatens many Americans’ ability to cast a ballot, and we are still in dire need of a fix for the Supreme Court’s gutting of the VRA in the 2013 Shelby County decision.

“Selma” is an important film for all progressives, and its release presents a great organizing and activism opportunity for voting rights activists. The film’s creators have put together this guide for hosting a “Selma Salon” – a watch party that brings friends, family, neighbors, or colleagues together to talk about and mobilize around civil rights. If you’re interested in hosting your own Selma Salon, check out the guide for tips and discussion ideas.

If you are a teacher (or have a teacher in your life), the Selma4Students campaign is giving every high school in the U.S. a free copy of “Selma” on DVD, along with a companion study guide to help use the film as an educational tool. Learn more at Selma4Students.com.  

PFAW Foundation

PFAW Foundation and Leadership Programs Support #Unite4Marriage

Marriage equality supporters are currently organizing around the April 28 oral arguments before the Supreme Court and a ruling expected in the coming months on whether the fundamental right to marry enshrined in the US Constitution is limited to opposite-sex couples. There will be events in DC and in communities across the country.
PFAW Foundation

The Courts Have to Matter to LGBTQ Americans

The following is a guest post by Erik Lampmann, a 2011 Young People For (YP4) Fellow. It is cross-posted on the Alliance for Justice blog and the YP4 blog.

Federal courts routinely hand down judgments that affect everyday Americans at an immediate, painful, and personal level – for good or ill.

Consider the case of Seamus Johnston, a transgender student expelled by the University of Pittsburgh at Johnstown (UPJ) for his use of male restrooms and gym facilities on campus. When he sought redress for his experiences at the hands of UPJ, U.S. District Judge Kim Gibson, a George W. Bush appointee, ruled he had no room to claim discrimination since he was being treated in accordance with his sex as assigned at birth and had not had sex reassignment surgery.

In some ways, Johnson was warranted in thinking he was free to live openly as a transgender man since UPJ offers gender identity and expression protections under its student nondiscrimination statement. Indeed, Johnson had lived openly and without significant difficulty as a man since 2009 — even having taken advantage of men-only exercise courses. Only in 2011 was Johnson first confronted for using a men’s locker room. After issuing Johnson citations, barring him from certain facilities, and eventually arresting him, the university expelled him for his attempt to use the bathroom in which he felt most at peace and which he believed he was permitted to use by university policy. In his appeal for justice, Johnson didn’t ask for much — simply that a university that purports to protect students based on “gender identity and expression” allow him a modicum of relief as a transgender person rather than criminalizing his attempts to live authentically.

Essentially, Judge Gibson acknowledged Johnson’s self-identification as a transgender man, but she didn’t think it really mattered in the context of the Equal Protection Clause or Title IX.  Flatly ignoring guidance from the Department of Education encouraging institutions of higher education to recognize transgender and gender non-conforming students’ right to protections under Title IX, Judge Gibson left Johnston, and other transgender students, without protection from sex discrimination. She wrote:

While Plaintiff might identify his gender as male, his birth sex is female … It is this fact … that is fatal to Plaintiff’s sex discrimination claim. Regardless of how gender and gender identity are defined, the law recognizes certain distinctions between male and female on the basis of birth sex. Thus, even though Plaintiff is a transgender male, his sex is female.

In sum, this decision reflects a sobering reality for LGBTQ people, particularly transgender and gender non-conforming individuals: The government — more specifically, a judge — holds the power to determine if the law protects how you define yourself.

This example dramatizes just one way that our courts fail to live up to the promise of the motto “equal justice under law” by protecting the vulnerable among us from exclusion and discrimination. I’ll admit that several years ago the result in this case might have led me to give up on the courts as an avenue for change.

Recent decisions from the Supreme Court and other federal courts have prompted some progressives to view the courts as a once-relevant institution home only to disconnected jurists. When we as progressives write off the courts and treat them as spaces where our communities were never meant to triumph, we concede the power to speak from our lived experience as those affected by the law and to shift the balance of power within the judiciary.

In reality, the legal knowledge of our communities paired with our deeply personal understanding of how the courts’ decisions impact real people gives us a tremendous power to affect the composition of the courts and to create legal precedents that respect rather than ignore our communities’ needs.

Seamus Johnston’s experiences with the justice system are then instructive for progressives building long-term judicial strategies. His loss in the Western District of Pennsylvania is but one battle in a much longer struggle for social justice.

The courts have to matter for LGBTQ Americans and so many others who find themselves on the losing end of cases like Johnston’s. They have to matter because we cannot afford to write off institutions, elected officials, or organizations as permanent friends or enemies. Rather, if we truly believe another world is possible, we have to build it brick by brick, precedent by precedent, judge by judge.

PFAW Foundation

New Report Examines Supreme Court’s “Citizens United Era”

People For the American Way Foundation's latest report explores the extreme pro-corporate jurisprudence of the Supreme Court in recent years, identifying parallels to the Court’s infamous Lochner era a century ago.

The Supreme Court in the Citizens United Era” by PFAW Foundation Senior Fellow Jamie Raskin explores how the Roberts Court’s right-wing majority has established a precedent for privileging corporations over individuals, allowing corporations to enjoy the rights of the people while reducing the rights that people have against corporations.

Raskin writes:

“Corporations increasingly enjoy all the rights of the people, but the people increasingly have no rights against corporations. Indeed, as we shall see, the conservative majority on the Roberts Court not only interprets federal law in dubious ways to defeat corporate liability but often works its special wonders to preempt state laws that would hold corporations accountable for civil injuries they cause against patients and consumers.”

The report covers cases ranging from Hobby Lobby, which granted corporations religious rights to opt-out of requirements on women’s health, to Sorrell v. IMS Health, which struck down Vermont’s prescription confidentiality law, to Janus Capital Group, Inc. v. First Derivative Traders, which allowed interlocking corporations to hide assets from individuals defrauded by investment advisors.

You can find the full text of the report here. 

PFAW Foundation

Supreme Court’s Denial of Wisconsin Voting Rights a Motivator for Millennials

The following is a guest post by Zachary Koop, a 2014 Young People For Fellow.

This past Monday, the US Supreme Court made a troubling decision: it rejected an appeal to overturn Wisconsin’s voter ID law, considered one of the strictest in the nation. In so doing, the justices paved the way for other states to prohibit eligible voters from casting ballots.

As a young, progressive Wisconsin student, my peers and I share the sentiment that our voices are being attacked by Wisconsin’s recent voter ID law. Indeed, this policy disproportionately impacts young voters, especially youth of color. Among voters between the ages of 18-29, 17.3 percent of black youth and 8.1 percent of Latino youth were unable to vote because of inadequate identification, compared to 4.7 percent of white youth. 

Governor Walker claims that subjugation of Wisconsinites is not the intent, but it is unquestionably the impact. This policy threatened to prevent 300,000 Wisconsinites from voting. Inclusion should be an American ideal, but that is clearly not the case today.

This attack on the voting rights is just one example of how the Right is further disenfranchising historically marginalized communities across this country. But despite their intent, these moves are also mobilizing millennials to demand that our democracy include us. While complex legal and legislative processes often make us feel frustrated and powerless, we understand we need to claim our place at the voting booth. As the largest, most diverse and most progressive demographic in history, we have the power to alter the policy and political landscapes in substantial ways – and we’re already doing it.

Millennials are advancing change across the country. I found my own place in the progressive movement thanks to programs like People For the American Way Foundation’s Young People For (YP4) Fellowship. Through YP4’s Vote and Courts Matter programs, I learned how to organize my peers, mobilize voters, and came to understand just how important the courts are to advancing (or dismantling) progressive policies.

Because of YP4’s support, this past fall at UW-La Crosse I passed policies through my campus’ student government that enfranchised students during the 2014 midterm elections. By requiring the administration to issue free student IDs compliant with the voter ID law to all students who requested one, running voter registration drives, and more, we helped ensure that 10,000 students could cast ballots during the election cycle. We are now creating a campus voter registration system that is easily accessible to all students and plan to share our tactics with surrounding state universities to make voting more inclusive and widespread amongst students.

Nothing is more voice-squelching than voter ID laws, an economically inefficient policy that marginalizes youth and other minorities. The Supreme Court’s decision is a call to action for Wisconsin millennials to realize that justice does not advocate for itself and that we must incorporate courts activism in our fight for civil rights.

PFAW Foundation

Supreme Court Sends Alabama Racial Gerrymandering Case Back to Lower Court

The Supreme Court rules in favor of those challenging Alabama's redistricting as racially gerrymandered and harmful to African Americans.
PFAW Foundation

PFAW Member Telebriefing: Preview of Upcoming PFAW Foundation Report, The Supreme Court in the Citizens United Era

Yesterday, PFAW Foundation Senior Fellow Jamie Raskin previewed his upcoming report, The Supreme Court in the Citizens United Era, during a member telebriefing. Executive Vice President Marge Baker and Senior Legislative Counsel Paul Gordon also joined the call to answer questions from members and discuss PFAW efforts to promote fair and just courts. Drew Courtney, Director of Communications for PFAW, moderated.

To kick off the call, Raskin reviewed another period during which the Court granted unprecedented constitutional rights to corporations. Lochner v. NY, Raskin explained, began an era in which government at every level was prevented from interfering with corporate contracts—and thereby prevented from passing sensible health and safety regulations.

Today, said Raskin, we’re in an analogous period, with the Supreme Court now using the First Amendment as an excuse for expanding or inventing the political and religious rights of corporations. This time, it’s beyond what we’ve ever seen before; the Citizens United and the Hobby Lobby cases both demonstrate how the Court is putting the interests of corporations over the rights of people and making it more difficult to hold corporations accountable for their actions. Other cases allow corporations to insulate themselves through a host of legal immunities while at the same time, they’re able to spend unlimited amounts of money  influencing who gets elected to office.

In responding to a question from a PFAW member, Baker outlined the two key ways to fight the Court’s trend of empowering corporations over people: Elect Presidents who will nominate, and Senators who will confirm, Justices who share the ideology that corporations shouldn’t be favored in their legal rights over people; and amend the Constitution, which PFAW and other groups are working on now. She also directed PFAW members to www.united4thepeople.org and www.getmoneyoutaction.org to get more involved in these issues.

You can listen to the full telebriefing here:

PFAW Foundation

Peggy Young Will Get Her Day in Court

The Supreme Court rejects a company's narrow interpretation of the Pregnancy Discrimination Act.
PFAW Foundation

Many Say Schock’s Too Young to Serve. Here’s Why They’re Wrong.

This op-ed by Andrew Gillum, Director of Youth Leadership Programs, People For the American Way Foundation, was originally published at The Huffington Post.

In the quick unraveling of Rep. Aaron Schock's political career, some have questioned if Millennials are ready for Congress, but it’s wrong to conclude that Schock’s youth was the reason for his mistakes. And it’s even worse to write off young people as unfit for public office.

To the contrary, electing Millennials to public office has the potential to be tremendously beneficial to our country. As Tina Nguyen at Mediaite puts it “Hell, there needs to be more Millennials in Congress, but ones that demonstrate other millennial virtues — tech-savvy, ambitious, and striving to be self-sufficient.” I couldn’t agree more.

And while it’s easy to celebrate the potential that young people could bring to the business of governing, no one should think that it is only future “potential” that young people have. A quick look at communities around the country demonstrates the striking impact that young people in public office are already having. I know, because I see it up close every day. As Mayor of Tallahassee and as Director of Youth Leadership Programs for People For the American Way Foundation, I’ve collaborated with young elected officials who work diligently and effectively for their constituents and communities, while progress by their – literally – senior counterparts in Washington stalls. (This Congress has one of the oldest median ages on the books, so anyone who thinks that longer life experience is all it takes to be an effective legislator hasn’t been reading the news.)

While Congress’s inability to govern has been on display time and time again, I’m constantly amazed at the ability of young people at the state and local level to actually get things done. We don’t expect to see an increased federal minimum wage anytime soon, but young electeds have sponsored both living wage ordinances and minimum wage legislation across the country. One of our members, Rep. Matt Lesser, co-sponsored and successfully advocated for the historic minimum wage increase in Connecticut. A cohort of young electeds pushed for a minimum wage increase in Wisconsin tied to inflation.

Young legislators in Colorado have tackled what seem to be losing battles in Congress: universal pre-K and Head Start funding. Rep. Crisanta Duran sponsored a bill to provide affordable child care for low-income families, and Rep. Dominick Moreno helped create the “Breakfast After the Bell” legislation that now gives more than 80,000 kids free breakfast in Colorado, a state where one in five children experience hunger.

And across the country, young people in public office bring innovative solutions to the problems their communities face. Nebraska State Senator Amanda McGill has worked on initiating telehealth services in schools. Cambridge Councilman Leland Cheung created incentives for start-ups in mixed use zoning areas.  Councilwoman Natalia Rudiak in Pittsburgh has championed open data and transparent government.

Everywhere I go, I meet people of every age eager to tell me about some extraordinary young elected official they know, as if that experience is unique to their community. It’s up to me to tell them that dedicated, effective young people in government aren’t the exception in communities across the country -- they’re the rule.

In all 50 states, young people are offering new perspectives and outside-the-box solutions. In a country that’s seemingly more divided than ever, we need more young people lending their voice and stepping up for public service. Don’t look to Aaron Schock as the face of young politicians – look in your own backyard.

PFAW Foundation

Iowa's Controversial Voter Purge Will Not Take Effect

Last Friday the 13th a long-running battle to bring controversial voter purges to Iowa ended after Iowa Secretary of State Paul Pate declined to continue an appeal launched by his predecessor, Matt Schultz, and the case was dismissed from the Iowa Supreme Court.
PFAW Foundation

Alabama Supreme Court Orders Probate Judge to Violate Federal Court Decision

Roy Moore's colleagues seem to share his disdain for the rule of law, as well as the rights of gay and lesbian Alabamans.
PFAW Foundation

PFAW Foundation and Allies Submit Brief to Supreme Court in Support of Marriage Equality

On Friday PFAW Foundation joined the Anti-Defamation League and an expansive coalition of religious and civil rights organizations in submitting an amicus brief urging the Supreme Court to rule state-level marriage bans unconstitutional in the four marriage cases before them this term. One specific religious conception of marriage, the signers argue, should not define our nation’s laws on it.

The brief outlines instances in our country’s history in which discriminatory laws have been justified on the grounds of “religious and moral disapproval,” from laws supporting slavery to segregation to discrimination against women. But, the signers note, the Supreme Court has rejected these types of arguments over and over – and should again with regard to the marriage bans.

The brief also takes apart the “religious liberty” arguments of those opposing marriage equality, noting that overturning the bans will not threaten freedom of religion since religious groups will still be able to define what marriage means in their tradition:

[C]ontrary to the arguments of some who defend the marriage bans, invalidating the bans will not jeopardize religious liberty. As an initial matter, the cases before this Court concern whether same-sex couples are entitled to the benefits of civil marriage. Religious groups will remain free, as they always have been, to choose how to define religious marriage and which marriages to solemnize…. Religious liberty should serve as a shield, not as a sword to discriminate against members of a disadvantaged minority group.

This amicus brief was one of a stunning array of briefs filed in the Supreme Court last week in favor of marriage equality, including briefs signed by more than 2,000 clergy; 200 police officers, EMTs, and firefighters; 400 companies, including  forty of the nation’s largest corporations; more than 200 mayors; and more than 300 conservative leaders.

PFAW Foundation

From Selma to Shelby County to Ferguson

This op-ed was originally published at The Huffington Post.

Fifty years ago in Alabama hundreds of peaceful marchers calling for voting rights were violently attacked by state police. Fifty years later Americans from all walks of life are expected to gather this weekend to mark the anniversary of what became known as Bloody Sunday and embrace the spirit for courage, sacrifice and justice of those women and men who marched, were beaten and no doubt underestimated the impact that their bruises would have on future generations.

The events of that day and the tense days and weeks that followed shocked our national consciousness and became a catalyst for passage of what some call the "crown jewel" of the civil rights movement, the 1965 Voting Rights Act. It's a law that held bipartisan support and helped protect countless Americans from discrimination at the ballot box for almost five decades.

Every year since that bloody day we have honored those 600-plus marchers who put their lives on the line in pursuit of basic democratic rights and racial justice. But this year, with a passion as never before, we must do more than just give lip service. This time marchers of today must clearly connect with the purpose in the pain that started in prayer on a Sunday morning and ended on the Edmund Pettus Bridge in Selma, Alabama, with blood and tears in the afternoon. Why? Because as John Legend so eloquently put it last week, "Selma is now."

The shadow of Bloody Sunday is there, nearly two years after a core provision of the Voting Rights Act was gutted by the Supreme Court in the Shelby County case, as we practice patience for Congress to restore and strengthen what was taken away. When our leaders say that they honor those who refused to turn around, will they also commit to restoring the kinds of voting protections that they were marching for?

Today, 40 bills to restrict voting rights have been introduced in states across the country, from voter ID legislation to proposals reducing access to absentee ballots to bills that would make it more difficult for those with past criminal convictions to vote. When our leaders say they honor those who were beaten and bruised with billy clubs 50 years ago, will they also commit to voting against proposed laws that would make it harder for all people to have an equal voice in our democracy? Will they commit to confirming the highly qualified Loretta Lynch, a woman with a strong commitment to civil rights, to lead -- as the first female African American -- the Justice Department in effectively monitoring and enforcing the voting rights laws we already have and those yet to come?

Today, African Americans and Latinos, especially males, endure being routinely profiled, targeted, and attacked by the police. The report released this week from the Department of Justice about policing in Ferguson, Missouri, revealed that 93 percent of arrests were of African Americans, though they make up only 67 percent of the city's population. It showed and confirmed that African Americans in Ferguson were disproportionately likely to have force used against them by the police. When our leaders say they honor those who were hospitalized for peaceful protest 50 years ago, will they also commit to fighting against discrimination and violence at the hands of those meant to serve and protect our communities?

Selma is now, and the march continues. Selma needed protection for voting rights then, and Selma needs protection for voting rights now. Many civil rights leaders, past and present, and even future leaders, will be in Selma this weekend. But thousands of others who can't be there in person will not be excluded from being a part of a new march. Men and women will with great intent make sure every registered voter gets to the polls to vote in every election, will minister with an activist heart to their neighborhoods when violence upends daily life, will use social media as a tool to motivate participation in work aimed at ending all forms of discrimination in the name of religion, and will organize their communities in active opposition when yet another bill is introduced to undermine, restrict, or deny basic civil and human rights.

On the evening of that Sunday, Dr. Martin Luther King Jr. informed the media that ministers would march and called for clergy from around the country to join them. He said, "The people of Selma will struggle on for the soul of America, but it is fitting that all Americans help to bear the burden. ... In this way all America will testify to the fact that the struggle in Selma is for the survival of democracy everywhere in our land."

I was not there then, but today as with every day, especially because of the Shelby Counties and the Fergusons, I give thanks and will not forget that struggle. On March 7, 1965, the world watched as nonviolent mothers, fathers, students, workers, faith leaders were beaten, tear gassed and hospitalized. On March 7, 2015, let the world watch as this next generation genuinely honors those who had the courage to take a stand that Bloody Sunday "for the survival of democracy." How? By registering, advocating, teaching, speaking up, marching and continuing their work in pursuit of voting rights, freedom, and justice as if our unseen bruises, our lives, our souls depend on it.

PFAW Foundation