Court rulings in several states have created a patchwork when it comes to what jail and prison administrators are required to do when a woman inmate requests an abortion. Here’s a look at four of the cases that presented that question. Video by Stacey Barchenger / The Tennessean. Wochit

  • A woman has filed a federal lawsuit in Nashville against Maury County Sheriff Bucky Rowland.
  • The woman says she was denied an abortion while in custody, in violation of her constitutional rights.
  • She had the child in April and wants a judge to order the sheriff to pay damages of $1.5 million.
  • Courts have generally recognized an inmate’s right to an abortion, but there is still some gray area.

12-jan-17

A Tennessee sheriff is named in a civil lawsuit after he denied a 29-year-old inmate access to an abortion, saying the woman’s life was not in danger and her pregnancy was not the result of a crime, according to newly filed court papers.

The woman, Kei’Choura Cathey, was not released until it was too late for the procedure and had the child in April, the court filing says. Her lawsuit alleges Maury County Sheriff Bucky Rowland illegally denied her access to an abortion, which the nation’s top court has protected as a woman’s right for decades.

The case, and others around the country, pose questions about what obligations top law enforcement officers have when women who are incarcerated request abortions.

“Courts have generally said prisoners retain their right to access abortion even if they’re incarcerated,” said Brigitte Amiri, senior staff attorney for the ACLU’s Reproductive Freedom Project.

But there’s still some gray area, including on questions of who has to pay and whether a judge’s order is necessary, because each case is different and presents different circumstances for a judge to consider. And the high court has not weighed in.

“The U.S. Supreme Court has not spoken on this issue, so we don’t have a definitive answer on some of these questions,” Amiri said. “Because different cases raise different facts, it’s a little bit of a patchwork.”

More than 10 years ago, in a controversial Knoxville case, a federal judge allowed an inmate temporary release to get an abortion, saying the woman had a constitutional right to the procedure. And in 2008 the nation’s top court let stand a ruling out of Arizona that overturned a county policy banning off-site elective procedures.

Amiri and the ACLU brought that legal challenge in Arizona. The national civil rights organization is not involved in the pending case against Maury County.

A highly publicized case in 2015 in Alabama detailed a sheriff’s refusal to allow a 29-year-old inmate to have the procedure, saying she needed a court order. The ensuing legal battle ended in federal court when the woman decided to keep the child, according to media reports.

Cathey, also 29, was arrested in July 2015 on robbery and murder conspiracy charges and found out weeks later she was pregnant, according to the lawsuit. Columbia police records say she and three others lured Javontay Garrett to a home to steal drugs and money and then shot him. Garrett lived despite the head wound, according to Brent Cooper, the district attorney in Maury and three other counties.

Weeks later Cathey told Rowland, via her lawyer, that she wanted to have an abortion, but Rowland responded that he would not provide funding or transportation for the procedure, the lawsuit states. Rowland said that would not happen unless the abortion was “medically necessary to save the mother’s life or the pregnancy was the result of rape or incest,” according to the lawsuit.

The sheriff did not return an email and several calls from The Tennessean seeking comment, and the county has not yet responded to the lawsuit. Cathey’s lawyer, Lee Brooks of Columbia, also did not respond to calls or an email.

Brooks says in the lawsuit he attempted to get a lower bond, but by the time Cathey was able to post that amount it was January 2016 and too late to have the procedure. The lawsuit does not say whether Cathey also asked a judge to allow her release; a court clerk said no such motion was in the court file.

The child was born in April.

The case was filed Dec. 29 in federal court in Nashville. It argues that the sheriff’s denial, and his failure to have department policies that allowed access to abortions, inflicted cruel and unusual punishment on Cathey in violation of her Eighth Amendment rights. It also says Cathey’s civil rights and 14th Amendment rights to due process were violated.

Now, she wants a judge to order the sheriff and Maury County to pay her $1.5 million in damages.

http://www.tennessean.com/story/news/2017/01/10/woman-denied-abortion-while-jail-sues-tennessee-sheriff/96122846/

Source: The Tennessean

24-dec

She wasn’t trying to start a revolution. But it was September 2015, the House had just voted to defund Planned Parenthood — and Amelia Bonow found the one-sided conversation exhausting.

“Women like myself were feeling so incredibly angry and disillusioned and helpless about the way that our rights were being taken away from us,” says Bonow, a Seattle bartender and grad student at the time. “It was clear to me I was not using the full range of my voice as a feminist and a woman who’d had an abortion.”

On a whim, she made a Facebook post stating that she’d had an abortion and was not only grateful for it but happy about it. “The narrative of those working to defund Planned Parenthood,” she wrote, “relies on the assumption that abortion is still something to be whispered about.”

Her friend, popular Jezebel writer Lindy West, tweeted a screenshot of the post to her 60,000 followers with the hashtag #ShoutYourAbortion — and a movement was born. Within a few days, the hashtag was used 250,000 times as women all over the world tweeted about their own abortion experiences: the good, the bad, and the unapologetic.

There’s the mother of five who didn’t want more kids. The women whose contraceptives failed or for whom Plan B failed. Those who were raped or in abusive relationships. Women with cancer or whose fetuses had fatal abnormalities. Or who simply didn’t want to have a baby.

“It was an organic explosion of ‘We’re not going to be quiet about this anymore,’” says Bonow, 32, pointing out that most Americans identify as pro-choice. “The anti-choice movement has really capitalized on our silence. And I don’t think they can get away with legislating this issue in a way that is so profoundly out of touch with the lives, values, and experiences of mainstream Americans if we’re actually talking about our abortions.”

Of course, the brazenness of the movement enraged opponents. “There were a lot of people saying, ‘How dare you? You should be ashamed of yourselves,’” says Bonow, who moved out of her apartment for a while after receiving personal threats.

But she makes no effort to soft-pedal her stance — and doesn’t much care how others may judge her. In a piece she wrote for Salon.com, she talks about stealing a pregnancy test from Walgreen’s and getting high on pills before her abortion (“because I like getting high, not because I was scared”).

Does she worry that her brash tone might play right into her opponents’ narrative that abortion is a too-easy out for irresponsible — even immoral — people?

“I’m not trying to shock anyone or make anyone uncomfortable,” says Bonow, who insists that she’s merely a conversation starter, not the new voice of the abortion-rights movement. “I’m just helping women talk about their lives, and there are as many kinds of abortion stories as there are individuals in this world. But my experience is well within the range of a normal experience — and we’ve never been told that’s ok. It seems shocking because we’ve never heard a woman talk about her abortion at all, let alone be casual or flippant about it.”

Bonow hopes to reach out beyond the coasts and urban areas to women in red states who are ready to share their abortion stories — without having to apologize for it, finally.

“Abortion is not a ‘necessary evil,’” she says. “It’s a positive component of a society helping women live their best lives. And we can’t fight against what’s being lobbed at us by saying we’re sorry all the time.”

Amelia Bonow will speak on Wednesday, January 18, at the New Vic (33 W. Victoria St.) at 6 p.m. as part of the Santa Barbara Pro-Choice Coalition’s celebration of the anniversary of Roe v. Wade.

http://www.independent.com/news/2017/jan/11/shout-your-abortion/

Source: Independent

10-jan-17

The Canadian judge also said that children could be at risk

Last week, a Canadian judge banned an anti-abortion group from airing graphic ads on transit buses in the city of Grande Prairie, Alberta.

The proposed advertisement in question displays images of fetuses and reads, “Abortion kills children. End the killing.” In the ruling, Judge C. S. Anderson explained that the city’s decision was made to protect women and children who could be negatively affected by witnessing the public advertisement.

“They may not be familiar with the word abortion, but they can read and understand that ‘something’ kills children,” the judge wrote in the decision, according to the Canadian Press. “Expression of this kind may lead to emotional responses from the various people who make use of public transit and other users of the road, creating a hostile and uncomfortable environment.”

The judge argues that the ads can potentially cause psychological harm to women who have had abortions or are thinking about having one.

Joyce Arthur of the Abortion Rights Coalition of Canada told the news agency that she believes the ruling will inspire communities to reject ads that carry the potential of confusing and instilling fear in children.

Before the ruling, an anti-abortion group called the Canadian Center for Bioethical Reform appealed the city’s decision to decline running the ads. Now, they’re criticizing the judge’s decision.

“If government can tell its citizens what’s upsetting and what isn’t upsetting in their speech, then democracy is threatened and, indeed, progress is threatened,” legal counsel for the group told reporters. That might sound like a nice argument, but progress is actually threatened when women can’t go out in public without being confronted and criticized for the choices they make about their reproductive health.”

http://www.independent.co.uk/news/world/americas/canada-judge-bans-anti-abortion-ads-transit-buses-psychological-harm-to-women-a7518471.html

Source: The Independent UK

9-jan-17

The Citizens Assembly appears to be leaning towards a change in Ireland’s abortion laws.

The chair of the Assembly said a “heavy burden” had been placed on the 99 volunteers as they discuss the matter.

Ms Justice Mary Laffoy said the group would sit for an extra weekend due to the complexity of the issue.

The Assembly’s work is now expected to be completed in mid-April. It will then feed back into the Oireachtas for further direction.

It was envisaged the highly divisive issue would be explored over four weekend sessions of the Assembly.

But at the close of the January meeting in Malahide Ms Justice Laffoy said it had agreed to timetable an extra weekend.

Mental

The Assembly, which is hearing evidence in public sessions from a wide range of experts and interest groups, has been deluged with more than 13,500 submissions on the matter.

During this weekend’s meeting, it appeared the Citizens Assembly is leaning towards change in the abortion laws.

One member said her table felt Ireland’s abortion legislation “was not fit for purpose”.Another spoke of mental health issues, feeling the Eighth Amendment was “too restrictive, degrading, prohibitive and inhumane”. Another said the amendment should be repealed.

The 99 Assembly members were chosen at random from across Ireland and their views on abortion were not known in advance.

One said the constitution “should continue to represent the rights of the unborn” while others said “clarity was needed” to direct GPs and so that their personal beliefs did not take precedence.

Others wanted to know more about the consequences of repealing the Eighth Amendment.

Those opposing abortion in Ireland said they were concerned about the prevalence in Iceland of the termination of foetuses with Down syndrome.

The Assembly heard no baby had been born with Down syndrome in Iceland for the past four years since DNA tests had been widely introduced for pregnant women.

But the overall tone of the viewpoints expressed will concern the Pro Life Campaign, which said the Assembly was “given an impossible task by the Government from the outset”.

Nonsense

“It is nonsensical to expect us to consider 13,000 submissions over a weekend or two, then report back to the Oireachtas with well argued and carefully considered recommendations. It won’t happen,” said Assembly spokesperson Cora Sherlock.

Ms Justice Laffoy later announced that Assembly meetings would be extended. She spoke after a private discussion was held with members.

“We imposed a heavy burden on the members to get their heads round what we were putting before them… all we could do is a preliminary view of what the members responded to the questions.”

Among the questions put to the group were whether Ireland now needed to regulate abortion, whether rules and standards would have to be adopted, and how would regulation be effected.

Ms Justice Laffoy said, although the assembly meetings would be extended, “it was important to note this does not affect my previous commitment to complete the work in respect of the Eighth Amendment within the first half of 2017”.

“I am determined to deal swiftly and comprehensively with this matter,” she said.

In Ireland, a pregnancy can be terminated under the Protection Of Life During Pregnancy Act if there is a risk to a woman’s life, including suicide.

The procedure can involve a medical or surgical termination or an early delivery by induction or Caesarean-section.

Figures from the Health Service Executive showed 26 terminations were carried out under the legislation in 2014 and the same number again in 2015. In both years, 14 arose from a risk to the life of the mother from physical illness, three in relation to suicide and nine following emergencies arising from physical illness.

http://www.herald.ie/news/assembly-needs-more-time-as-it-leans-towards-change-in-abortion-law-35350792.html

Source: Herald IE

All things must come to an end.

I’ve been posting on this blog for a number of years.  Some good columns, some bad.  Lots of comments, no comments.  It’s been fun and I hope educational.  But I am now moving on, this will be my last post.  I’ve enjoyed my many followers, mainly John and Chuck.  You’ve been good soldiers for your cause, not to mention entertaining.

I will now be devoting my entire time to running my charity, Alice’s Kids.  It’s the best work I’ve ever done and I derive a lot of positive energy from helping children in need.  As for the abortion stuff, it has gotten old so that means it is time for some younger folks to grab the mantle.

Thanks to you all.

Ron Fitzsimmons

8-jan-17

A French pharmaceutical company will apply for FDA approval to make a progestin contraceptive pill available over the counter in the US. It’s about time.

Over-the-counter birth control is very likely to become a reality in the United States, Vox has learned. It will be several years, at least, before the Food and Drug Administration actually approves an oral contraceptive pill for use without a prescription — but the first steps of the process are underway.

The best way to prevent unwanted pregnancy is to make it as easy as possible for women to access birth control. But in most states, women can only get hormonal contraception with a prescription from a doctor — which requires time and money for doctors’ visits that some women just don’t have. And since oral contraceptive pills are incredibly well-studied and incredibly safe, many advocates and experts think it’s time to make them available over the counter without a prescription.

The American College of Obstetricians and Gynecologists, the American Medical Association, and the American Academy of Family Physicians agree that oral contraceptives are appropriate for over-the-counter use. The idea even has bipartisan support in Congress, although there are sharp disagreements over issues like whether and how insurance should pay for it.

The problem with making over-the-counter birth control a reality hasn’t been evidence, or even necessarily politics. The problem has been finding a pharmaceutical company that is actually willing to go through the long slog of getting one of its own drugs approved by the FDA for over-the-counter use.

But now that company has been found. HRA Pharma in Paris is partnering with advocates and experts from Ibis Reproductive Health, an international nonprofit research organization for reproductive health, to start the process of bringing an over-the-counter oral contraceptive to the US market.

“At HRA, we are proud of our pioneering work to expand access to contraception for millions of women,” the company told Vox in a statement. “Oral contraceptives are some of the best-studied medicines on the market today and enjoy longstanding support from medical and public health experts.”

Ibis president Kelly Blanchard told Vox that she doesn’t want to speculate on how long it will take to bring the pill to market, and that the exact name or chemical composition of the pill isn’t public yet. But their aim is to submit an application to the FDA “within a few years,” she said, and some pieces of the application and research are already underway.

The first OTC pill will be progestin-only, not combined estrogen and progestin

There are two major types of oral contraceptives, progestin-only and combined pills that contain both progestin and estrogen. Ibis and HRA plan to seek FDA approval for a progestin-only pill.

Progestin-only pills present the fewest barriers for the broadest population, Blanchard said. Both types of pills are equally effective, but combined pills with estrogen cause potential problems for women who smoke or have high blood pressure, for instance, that progestin-only pills don’t.

The other benefit is that emergency contraception, which is already FDA-approved, is also a progestin pill. That means it will probably be easier to get the progestin-only oral contraceptives approved.

But Blanchard said that after the first OTC pill is approved, it shouldn’t be difficult to get other forms of birth control approved, too. That’s important so that women can have more than one over-the-counter option, since not every pill or every birth control method is right for every woman.

What about the politics of it all?

While it’s true that OTC birth control is a bipartisan idea, there’s a bit of a catch.

A major legacy of the Affordable Care Act (ACA) was making health insurance cover contraception at no additional cost to women. Not making women pay extra on top of their insurance premiums makes birth control much more accessible.

But Republicans, of course, say they want to repeal the ACA, and the birth control benefit along with it. Republicans proposed legislation in 2015 to speed up the FDA’s over-the-counter approval process for contraception — but Democrats and women’s health advocates criticized that bill as a cynical ploy to undermine the ACA while only appearing to support birth control and women’s health.

That bill would have imposed an 18-and-over age restriction, which Blanchard said was completely unnecessary; women’s health advocates have already had a similar fight with the FDA over age restrictions for emergency contraception (which is even more politicized than regular birth control because of the false belief that it can cause abortion).

“Unfortunately, it seems that no matter what you do around birth control in the US, there is going to be some kind of political backlash,” said Krishna Upadhya, an assistant professor at the Johns Hopkins University School of Medicine and a member of the Oral Contraceptives Over-the-Counter Working Group, which Ibis convened in 2004 to study and advocate for OTC birth control. “But I actually think this is one of the great reasons to support having over-the-counter access,” she added.

When women don’t have to go through doctors or pharmacies to get birth control, they are less subject to the whims of regulation changes, religiously objecting pharmacists, or other potential hassles and headaches. And the FDA’s decision-making process is based on evidence, not partisanship.

As for whether Trump’s appointees could cause political problems for approving over-the-counter contraception, Blanchard said she hopes that the FDA “will follow their process and judge it on its merits. And we think the merits are strong.”

http://www.vox.com/2016/12/30/14120874/birth-control-over-the-counter-fda-ibis-hra-pharma

Source: Vox

 

7-jan-17

On Saturday, a United States district judge ruled that doctors may turn away women who have had abortions and transgender patients on the basis of religious freedom.

In his order, Judge Reed O’Connor argued laws that would otherwise forbid gender-based discrimination require doctors “to remove the categorical exclusion of transitions and abortions (a condition they assert is a reflection of their religious beliefs and an exercise of their religion) and conduct an individualized assessment of every request for those procedures.” In other words, doctors would have to argue on an individual basis their refusal of a patient.

This requirement, O’Connor said, “imposes a burden” on doctors’ ability to exercise their religion.

O’Connor cited 2014’s Burwell v. Hobby Lobby ruling, which allowed family-owned corporations to refuse insurance coverage for birth control under the Affordable Care Act if it went against their religious beliefs.

At the time, the New York Times predicted the 5-4 Supreme Court decision would “[open] the door to many challenges from corporations over laws that they claim violate their religious liberty.” And, given O’Connor’s interpretation of the decision, it seems the outlet was right.

Anti-abortion activists celebrate the Supreme Court’s Burwell v. Hobby Lobby ruling in June 2014.Source: Mark Wilson/Getty Images

Slate‘s Mark Joseph Stern called O’Connor’s ruling “an extreme extension of the dubious logic” behind Burwell v. Hobby Lobby, as it flouts the nondiscriminatory guidelines of the Affordable Care Act and the Department of Health and Human Services.

Whereas they both include discrimination based on “gender identity” and “termination of pregnancy” under the umbrella of sex discrimination, O’Connor’s ruling only acknowledges a more rudimentary definition of gender discrimination — “hostility against a man or woman for being a man or a woman,” Stern wrote.

O’Connor also justified his ruling by claiming that individual doctors’ refusal to treat trans patients or women who have had abortions does not limit their access to health care and coverage. He argued that the government doesn’t seem to be too concerned about specifically trans people’s access to health care anyway.

The government’s own health insurance programs, Medicare and Medicaid, do not mandate coverage for transition surgeries; the military’s health insurance program, TRICARE, specifically excludes coverage for transition surgeries,” O’Connor wrote in his judgment.

O’Connor’s ruling, though, will only continue to limit options for trans people and add fuel to the fire in terms of punishing women for their reproductive choices — objectives conservatives have been steadily working toward with the trans bathroom bill in North Carolina and a number of anti-abortion laws in other states.

With his ruling, O’Connor paved the way for even more discrimination on the grounds of religious freedom.

https://mic.com/articles/164234/judge-rules-doctors-can-refuse-trans-patients-and-women-who-have-had-abortions?utm_source=dailydot&utm_medium=social&utm_campaign=partner#.XSbeUAhgJ

Source: Mic

 

6-nov-2016

Kentucky’s new Republican House majority took the first step on Thursday toward requiring women seeking an abortion to undergo an ultrasound, acting swiftly to capitalize on winning control of the chamber for the first time in almost a century.

The 83-12 vote on the bill came on the third day of the state’s 2017 General Assembly session, the first in which the Republican Party has led the House of Representatives since 1921.

The bill requires a physician or qualified technician to perform the ultrasound and position the screen so the woman may view the images. The medical staff will be required to describe what the images show, including the size of the fetus and any organs or appendages visible.

Sponsors say the bill will better protect the health of women and provide the materials necessary for women to make an informed choice. Abortion rights advocates contend such laws are designed to frighten and shame those seeking an abortion.

Some 25 states have laws regarding ultrasounds and abortions, but only three states require medical staff to display and describe the images, according to the Kaiser Family Foundation, a non-profit group focusing on health issues.

While Kentucky’s bill passed easily, some supporters criticized the new House leadership for pushing the legislation through so quickly that it might open the state to a lawsuit if, as expected, the bill becomes law.

“I think that had we had a chance to discuss this bill, we might have come up with something that was not going to open this state up to millions of dollars in litigation” costs, said Democratic state Representative Angie Hatton.

The state’s Republican-controlled Senate passed another measure that would outlaw abortions after 20 weeks of pregnancy. After passing the ultrasound bill, the House approved two measures strongly opposed by labor groups. The first was a proposal that would allow workers in union shops to receive union benefits without having to pay dues, The second measure would repeal prevailing wage laws Republicans say add expenses to state and local construction projects.

Leaders in both chambers plan to meet this weekend to pass bills to be sent to Republican Governor Matt Bevin for approval, House Republican Caucus spokeswoman Daisy Olivo said.

http://uk.reuters.com/article/us-kentucky-abortion-idUKKBN14P2IW

Source: Reuters

5-th-jan-17

The issue of “late stage” abortions is being considered by ministers after new powers were devolved to Holyrood.

Scottish women wanting terminations for non-medical reasons from 18-20 weeks gestation must usually travel to England for the procedure.

A recent study also found wide variations in practice between health boards.

The Scottish government said it was working with health boards to improve services.

The 1967 Abortion Act made it legal for women to have an abortion up until 24 weeks gestation in England, Scotland and Wales.

The Scotland Act 2016 has since devolved power over abortion law to the Scottish Parliament.

Campaigners say women sometimes choose to have an abortion after 18 weeks because of a change of circumstances, or because they only discovered at a very late stage that they were pregnant.

But while it is legal to have an abortion at this stage of pregnancy, several academic studies have suggested such terminations are rarely carried out in Scotland.

Instead, patients are referred to hospitals in England, with the treatment paid for by NHS Scotland.

‘Complex area’

The reasons for this are unclear; some have suggested it reflects negative attitudes towards late-stage terminations, while a lack of specialist training has also been put forward as an explanation.

A spokesperson for the Scottish government said: “The Scottish government is continuing to work with NHS Boards to look at how improvements can be made to abortion services in Scotland.

“This includes considering the complex area of later gestation abortion services.

“Abortion is provided to all women in Scotland who require it within the legal limits.”

In November First Minister Nicola Sturgeon said she would look into giving women from Northern Ireland access to NHS abortions in Scotland without facing prohibitive costs.

Abortions are illegal in Northern Ireland except for cases where the woman’s health is at risk.

http://www.bbc.com/news/uk-scotland-scotland-politics-38513328

Source: BBC

The other day I was talking to a friend of mine who runs a clinic in the Midwest.  As always, I asked how things are going and he said “the number of women asking for the IUD is going through the roof.”  A few days later I saw a report confirming that women are looking for the IUD in record numbers.

Many say that the numbers are going up because women are concerned that when/if the Congress repeals Obamacare, then their birth control will not be covered by insurance.  Worse, they are concerned that Congress and Mr. Trump will outlaw birth control altogether – an unlikely event but enough to make some women nervous.  So, they are looking for the IUD to cover themselves as it is a form of birth control that can last for many years.

In timely fashion, the website www.IUD.com has reappeared on the scene.  This site is the only website that is a directory of doctor’s offices that offer the IUD.  It’s a simple website – you just go in and enter your zip code and up come the offices that are near you that offer the device.  The manager of the site is now devoting a lot of time to increasing its visibility, using all kinds of Search Engine Optimization techniques that have already had great results.  This is great news for women out there who don’t have a regular Ob-Gyn and are looking for the IUD.

Check it out.  Spread the word!