ALRANZ welcomes good news from Kansas

ALRANZ Abortion Rights Aotearoa hails the failure of a Kansas referendum that would have removed protection for abortion rights from the state’s constitution. The vote is a strong demonstration of the popularity of abortion rights in the United States of America, even in conservative states like Kansas. US polls consistently show support for reproductive rights in the 60%’s.

ALRANZ president Dr Tracy Morison said, “It is a relief to see voters pushing back successfully against anti-abortion politicians’ undemocratic attempts to restrict the fundamental human right to bodily autonomy. It looks like the US Supreme Court decision in Dobbs may have provoked a backlash.”

Abortion access in the US in the wake of the overturn of Roe v Wade has become a patchwork with different states restricting or protecting access to abortion. Kansas has been a midwestern bulwark for protection of access to abortion. In 2009 Dr George Tiller was murdered by an anti-abortion extremist while Dr Tiller was serving as an usher at his church in Wichita, Kansas. 

New Zealand reformed its abortion laws in 2020, legalising abortion up to 20 weeks as a matter of right. The Ministry of Health is in the process of implementing the law to fulfil the promise of increased access to services. 0800 DECIDE (or www.decide.org.nz) is the most comprehensive element of that effort to date.

ALRANZ urges New Zealanders to remain vigilant regarding our rights. ALRANZ believes abortion is a fundamental human right, but as we have seen in the US, a hard won right is not always guaranteed.

 

Roe v Wade: the religious right has long influenced law in the US – here’s how abortion rights could be challenged elsewhere

Roe v Wade: the religious right has long influenced law in the US – here’s how abortion rights could be challenged elsewhere

  By Pam Lowe, Aston University

The US Supreme Court has formally announced its decision in the case of Dobbs v Jackson Women’s Health Organization. This has overturned the 1973 case Roe v Wade, which enshrined access to abortion as a constitutional right in the US.

The threat to Roe has been the outcome of a strategy specific to US culture and legal structures. But this does not mean that other nations should feel secure in their current access to abortion. There are conservative religious organisations, politicians and activists who seek to constrain reproductive rights around the world.

The Roe case in 1973 provided a landmark ruling that the law against abortion in Texas, where the case originated, violated a constitutional right to privacy. The ruling applied to the whole country and therefore abortion in early pregnancy could not be banned in any state.

Almost immediately after the Roe case, campaigns were launched to try to reverse the decision. An important part of this was repeated attempts to change the constitution of the US to explicitly protect the foetus as a way to ban all abortions. These attempts are known as human life amendments. None of the attempts to get a human life amendment came close to succeeding.

A concerted campaign

The 1980s saw the rise of the religious right as a political force in the US. The religious right established law schools and legal training programmes with the express intention of reversing legal secularism and promoting a vision of law rooted in their understanding of Christian theology. By training Christian lawyers, they could challenge issues they objected to through the courts.

Amy Coney Barrett, a Supreme Court justice nominated by Donald Trump, has been a speaker at a fellowship programme aimed at promoting Christian law.

This decades-long strategy of seeking power and influence in the US political and legal system has culminated with the end of Roe. This leaves each state with the power to decide the extent abortion is permissible, including many which will severely reduce access or ban it completely.

More generally, critics have argued that the conservative Christian justices, who hold the balance of power at the Supreme Court, are undermining the historic separation between church and state in the US. This criticism has even been made by an associate justice of the Supreme Court, Sonia Sotomayor.

While many people seemed shocked that Roe could fall, it is not a surprise to those who have been following the situation. This anti-abortion strategy is unlikely to be fully replicated elsewhere, as it was shaped specifically around the US structures of law, education and politics, but it is illuminating.

The history of abortion is complicated. In many parts of the world, abortion was not legally prohibited before the 19th century. Colonialism played a key role in spreading abortion bans, particularly the British Empire, which imposed British law against abortion on its colonies. The 20th century saw a push back against this, but there has not been uniform progress towards reproductive rights.

In Poland, the law was changed to allow abortion in the 1950s. Women travelled there from other countries to access abortion. This liberal position on abortion was reversed in the 1990s after the fall of the Berlin wall, and this is widely associated with the heavy influence of the Catholic Church.

Crowd with placards
Protest against abortion restriction in Kraków, Poland, October 2020. Silar/Wikipedia Commons, CC BY-SA

In Britain, the 1967 Abortion Act, which outlines when abortion is permitted, remains in place. But there have been repeated attempts in parliament to restrict abortion, which started shortly after the Act was passed.

Although access to abortion in Britain has not been seriously threatened for decades, this is due to constant vigilance and campaigning by pro-choice activists. It is worth remembering that Northern Ireland, which was excluded from the 1967 Abortion Act, only saw the liberalisation of abortion law in 2019.

Global movement

There are anti-abortion organisations, funders and political leaders around the world that seek to learn from each other in their overall mission to ban abortion. While the US religious right is a significant force in this, they are not the only major players.

Research by the European Parliamentary Forum for Sexual and Reproductive Rights found that European and Russian organisations were by far the biggest funders of “anti-gender” initiatives across Europe. “Gender” or “gender ideology” is the term that is used by the religious right to describe a range of issues such as abortion and same-sex marriage. Anti-gender organisations use a variety of legal, political and media strategies, depending on the situation in each country, to try to assert “traditional” family values, and prevent or reverse liberal and secular understandings of reproductive rights, marriage and family life.

The Catholic church plays a central role in the “anti-gender” position. In France and Slovakia, Catholic politicians with links to the Vatican founded or led both Christian political parties and NGOs that campaign against abortion. In the European Parliament in 2021, anti-abortion MEPs unsuccessfully tried to prevent a resolution that declared abortion as a human right and condemned countries where access is restricted.

Regardless of what happens in the US, reproductive rights in other nations have always been insecure. It is a constant battle to increase and maintain abortion access due to the power of those who are opposed. This will continue even without the influence of the US. The fall of Roe is a significant boost to the global anti-abortion movement. It will encourage this movement to pursue additional routes to power and influence in other nations and pan-national organisations.The Conversation

Pam Lowe, Senior Lecturer in Sociology, Aston University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Credibility and Risk

Credibility and Risk

by Terry Bellamak

In the days since the US Supreme Court reversed Roe v Wade, Christopher Luxon has been pressed repeatedly on the future of New Zealand’s two year old abortion law reform under a National government. 

With increasing frustration, he repeats himself only to face more questions. His effort to calm the waters is not working. Let’s consider why.

The leader of the opposition is on record stating his belief that “abortion is tantamount to murder.” He spent the 24 hours after the news about the reversal of Roe releasing successive statements promising not to touch New Zealand’s two year old abortion law, which legalised the procedure in 2020. In the final version he said:

I have been consistent since becoming leader that these laws will not be relitigated or revisited under a future National government, and these health services will remain fully funded.

The first problem with Luxon’s assurance is that much harm can be done to abortion rights without relitigating or revisiting the law. 

A hostile government could decide to require all abortion providers, rather than only those in hospital settings, to follow the Ngā Paerewa Health and Disability Services Standard. Such a move would operate as TRAP (“Targeted Regulation of Abortion Providers”) laws did in the US, by making it impossibly onerous or expensive to provide services outside hospital settings. This would reduce the number of providers and disadvantage people living away from the main centres.

Our safe areas law requires the Minister of Health, in consultation with the Minister of Justice, to apply for an Order in Council to create one safe area. A hostile government could just … not, meaning harassing people seeking abortion care would not be against the law. National’s shadow health minister is Dr Shane Reti, and its shadow justice minister is Paul Goldsmith, both of whom voted against the Abortion Legislation Act 2020 at third reading. 

Protection for minors needing abortion care from being forced to inform their parents (which could have deadly consequences for those with abusive parents) is in the Care of Children Act 2004, not the Contraception, Sterilisation, and Abortion Act 1977, which makes it fair game.

See this article for more ways a hostile government can screw around with abortion care.

The second problem with Luxon’s assurance is the forced birth movement’s history of saying whatever they have to in order to get what they want.

Crisis pregnancy centres all over the world use misleading advertising to get pregnant people through the door so they can browbeat them out of seeking abortion care. Forced birth advocates trot out the old myths about abortion causing infertility, breast cancer, and mental illness. Local forced birthers peddle the myth that New Zealand’s abortion law is the most “extreme” in the world, and allows for abortions “right up to birth.” Conservative Supreme Court justices lied to the US Senate in their confirmation hearings, saying they believed Roe was settled law, when they fully intended to reverse it.

It would be foolish to ignore this propensity in others who believe as Luxon does. Luxon may or may not be lying himself, but we must consider the possibility.

This is because of the third problem with Luxon’s assurance: the risk/exposure calculation. 

How much risk a person is willing to take on depends on how much loss a contrary outcome will expose them to. If the possible loss is small, a person may be willing to take on more risk than they would if the possible loss is great. 

What is at stake here? Our fundamental human right to bodily autonomy. Our ability to choose our own futures, to follow our dreams when those dreams do not lead to parenthood. In some cases, our very lives. The stakes are beyond huge. 

The people of Aotearoa have the right to decide how much they are willing to risk on Luxon’s word. 

The tumult in the US demonstrates the frightening truth that once we discover we have been lied to, it’s too late to save ourselves. This could be the US’s lasting legacy – an object lesson in believing people when they tell you who they are. It’s our choice whether or not we follow in American footsteps. 

 

Roe v Wade Reversal: An Assault on Rights

On Friday, 24 June 2022 (local time), millions of United States citizens lost the right to control their bodies and make decisions affecting their lives, families, and futures. The US Supreme Court reached a majority decision to overturn the constitutional right to abortion care. The United States joins Poland, El Salvador, and Nicaragua in recent reversals of abortion rights.

 ALRANZ Abortion Rights Aotearoa joins reproductive health and rights organisations around the world in expressing grave concerns. ALRANZ President and sexual and reproductive health researcher Dr Tracy Morison stated, “This decision makes no legal or public health sense; it simply makes reproductive rights uneven across the United States. Restrictive laws are associated with more unsafe abortions; globally, the leading cause of avoidable pregnancy-related deaths”. 

 Experts warn that the Supreme Court’s judgement will cause wide-ranging individual and social harm, highlighting that countries where abortion is heavily restricted or banned fare far worse on health, social, and economic indicators than those allowing choice. Morison concurs. “This judgement will undoubtedly harm and place an undue burden on individuals seeking an abortion,” she said. “Along with poor health outcomes, there are likely to be negative social and economic effects too. We can expect to see widening social inequality because those from marginalised groups struggle most to access abortion. There are potential negative consequences for gender equity. Reducing women’s reproductive choices affects their education, employment, and earning potential, with knock-on effects for their families, communities, and wider society. There are also worries about LGBTQ health and recently gained rights”.

 Reproductive health experts are also concerned about global repercussions, as anti-choice groups elsewhere are emboldened to reverse hard-won gains. ALRANZ shares this concern and views the overturning of Roe v Wade as an assault on reproductive rights, human rights, and democracy, not only within the United States but the world over.

 As for Aotearoa New Zealand, ALRANZ has pointed to worrying remarks made by members of the opposition party and urges Kiwis to remain vigilant regarding our new-won freedoms. The organisation will continue to monitor the situation and advocate for the right to choose. 

ALRANZ President Dr Tracy Morison’s Speech on the presentation of Our Open Letter

ALRANZ President Dr Tracy Morison’s Speech on the presentation of Our Open Letter

Dr Morison was not able to be present to deliver her speech in person, so we present it now.

Kia ora koutou katoa,

Sometimes the unthinkable happens. You say to yourself, “This can’t be. Surely not. This could NEVER happen”. The morning I woke up to find out about the supreme court document leak and that Roe v Wade was in danger of being overturned, I thought “No. Surely not!” In such moments, there is a temptation to sit back and think “it will be OK. It won’t happen, that is unthinkable”. 

Why do I say unthinkable? Quite frankly because the overturning of Roe v Wade will invite tremendous suffering, and even deaths. Suffering for women who are unable to support a pregnancy for a range of reasons, especially for poor women, women of colour, and all those who struggle already to access sexual and reproductive healthcare in the US, including members of the rainbow community. 

We cannot sit back, close our eyes, and cross our fingers. We cannot wait and hope that good will prevail. The recent past has shown us that the unthinkable can and does happen—we need only look around at how climate disruption and COVID have changed our world. We know that sitting back and hoping does not change anything. So, today is about more than hopes and prayers. Today is about speaking out. Today, we join with countless others to implore the governments of the USA and Aotearoa New Zealand to act on the fundamental freedoms of women and other people who may experience pregnancies they cannot support. We urge them not to allow the overturning of Roe v Wade and to stop the injustice that will ripple out across the globe. 

On that note, I want to use this opportunity as a reminder that a large proportion of the world still does not allow abortion on request. And, even in countries that do, the right to abortion does not always translate into access or into access for all. We have watched as state-imposed restrictions on abortion care have proliferated over the years in the USA, rolling back access, and undoing decades of struggle. The US situation highlights how the “plethora of convoluted laws and restrictions surrounding abortion do not make any legal or public health sense” (Berer). This issue is primarily about power and control over women and other marginalised groups, and we must widen the focus as to consider WHY this may be happening in the US and in the rest of the world. 

The USA joins several other countries in rolling back access to abortion, most lately El Salvador and Poland.  We heard recently how in Poland, Ukrainian refugees who have been raped cannot access abortion services. What do such moves against bodily autonomy and reproductive freedom say about the place of women and other minority groups in society at this moment in history? And, importantly, how do we respond to what appears to be a global backlash against the gains made for reproductive rights? 

We are mistaken if we think that this is an isolated problem. The attack on Roe v Wade may be the proverbial canary in the coal mine, however. If women’s rights and minority rights can be brazenly rescinded in a country that has long considered itself a beacon of democracy and a leader of the free world, what can this mean in other countries that consider themselves free and democratic? What can this mean in countries that don’t?

Some may accuse us of being alarmist, but history has shown us time and again that the unthinkable can and does happen. Having the U.S. follow the conservative trend of reducing abortion access is deeply worrying, because of the global influence that it enjoys. The USA is a powerhouse in the policy arena, as we have seen with the Global Gag Rule, an anti-abortion policy that risks the health and lives of millions around the world. The USA also powerfully shapes values and views across the globe. Could the US restriction on abortion rights embolden conservatives here in New Zealand, and in other countries? It’s unthinkable, but it’s not improbable. We have very recently seen the influence of conservative US faction to home. The recent “Freedom” convoy protests held at parliament buildings and beyond were fuelled by US-produced anti-vax sentiment and social media content and rife with pro-Trump and other right-wing US paraphernalia.

But this isn’t only a matter we should be worried about because of how it could impact our own country. As Audre Lourde, the mighty African American activist-scholar, famously declared: “I am not free while any woman is unfree, even when her shackles are very different from my own.” We, here in Aotearoa NZ today, enjoying our second year of abortion law reform, are not free. We are not free while our sisters and siblings in the USA face this egregious assault on their reproductive freedom. We are not free while places like Poland and El Salvador ban abortion. We are not free while abortion is still considered a crime in the UK and heavily restricted in much of Africa and South America. We are not free when women are promised reproductive freedoms by the Left hand and robbed of these by the Right. 

So today, we take note of the situation in the US as a call to action. We speak out, standing in solidarity with those who are unfree. We oppose the threat posed to United States citizens’ fundamental civil and human rights by those supporting the severe and unreasonable curtailment of access to abortion services. We call upon the United States government to protect the fundamental right to bodily autonomy by allowing anyone to end a pregnancy if they so wish. We call upon the government of Aotearoa New Zealand, to join us in condemning this attack on fundamental human rights.

Thank you to each and every person and organisation who stood in solidarity and signed our Open Letter, and to each and every one of you here in support today. Join us as we proceed to the US Embassy where we will hand over the letter urging action and providing some recommendations to the US government. 

We hope that you will continue to support us as we watch the situation in the US unfold and as we continue to advocate for reproductive rights here in Aotearoa New Zealand, and beyond. 

Alutua conitua – the struggle continues!