Author: Feminist Newswire

Two doctors have requested that a federal judge temporarily block enforcement of Arkansas’ 12 week abortion ban while the ban is facing legal challenges.

The “Human Heartbeat Protection Act,” or Act 301, bans abortion once a human heartbeat is detected using a standard abdominal ultrasound, usually at 12 weeks gestation. The bill was passed into law when the state legislature voted to override the governor’s veto. The ACLU and Center for Reproductive Rights have filed a lawsuit on behalf of two doctors in the state who are challenging the constitutionality of the pre-viability ban. They have also filed a request to block the enforcement of the ban while their lawsuit is pending. If no injunction is granted, the bill will take affect after August 16, 2013.

Earlier this month, the Attorney General for the state of Arkansas filed a motion to dismiss the case. However, U.S. District Judge Susan Webber Wright rejected their motion, stating that the doctors had provided a strong enough case to proceed with the lawsuit. In her ruling on the dismissal, she wrote, “The court finds at this pleading stage, plaintiffs have demonstrated a realistic danger of sustaining a direct injury as a result of Act 301’s operation or enforcement, and they have presented a justiciable controversy that is ripe for review.”

If a doctor terminates a pregnancy after 12 weeks that is not a result of rape, incest, or is to save the life of the mother, they could potentially lose their license. Opponents of the ban continued in her ruling, “Accepting these allegations as true, as the court must do at this juncture, the court finds that plaintiffs have alleged facts sufficient to state a claim that the provision of Act 301 that prohibits abortions at 12 weeks gestation when a fetal heartbeat is detected impermissibly infringes a woman’s Fourteenth Amendment right to choose to terminate a pregnancy before viability.”

A hearing is scheduled for today to determine whether or not to grant the plaintiffs’ request to block enforcement. The case is Edwards v. Beck, 13-cv-00224, U.S. District Court, Eastern District of Arkansas.

Media Resources: Bloomberg 5/17/2013; Log Cabin Democrat 5/16/2013; Associated Press 5/15/2013; Feminist Newswire 5/8/2013

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The North Carolina state House passed an anti-abortion measure seeking to restrict state insurance coverage for abortion last night amid protests from pro-choice activists.

The bill, HB 730 [PDF], allows any health care provider to refuse to participate in an abortion because of moral objections and allows hospitals to refuse to perform abortion services, even if the mother’s life is in danger. It would also prohibit any insurance plan under the state health insurance exchange from including abortion coverage.

One of the most controversial sections of the bill allows for any employer to refuse to provide contraceptive coverage on the basis of moral grounds in direct violation of the Affordable Care Act. HB 730 would rewrite the description [PDF] of a religious employer to “include any employer, including, but not limited to, a corporation, LLC, partnership, or sole proprietorship, whether on a for-profit or nonprofit basis, that has a religious, moral, or ethical objection to arranging for, paying for, facilitating, or providing health benefits plan coverage for contraceptive drugs or methods, including, but not limited to, any and all contraceptive drugs and methods approved by the United States Food and Drug Administration.”

Planned Parenthood of Central North Carolina (PPCNC) staged a costumed protest during the morning committee hearing opposing the birth control provision. Women dressed as if they were in the 1960’s filled the committee room and spoke on how the contraceptive provision would set back women’s reproductive rights. Paige Johnson, Vice President of Public Affairs for PPCNC, said in a statement, “We’re here to say to state legislators who want to turn the clock back to the 1950s: We like watching Mad Men – but we don’t want to live in it. Women’s preventive care – including birth control – is basic health care. Politicians and bosses have no business denying women access to this basic health care. This shouldn’t be a revolutionary idea, but unfortunately it is to some.”

State House Republicans are divided on the contraception provision. While the bill currently includes the birth control provision, late Wednesday night Republican leaders met behind-the-scenes to discuss removing the provision to ensure the bill passes the second House vote on Thursday. Even self-described “hard core” abortion opponent Bob Steinburg (R-Edenton) had reservations. He said, “It’s almost like we’re stepping back in time. To suggest in the 21st century that women would be prevented from having access to birth control – even as far to the right as I am – is going off the cliff. This is going too far.”

Media Resources: Huffington Post 5/15/2013; Charlotte Observer 5/15/2013; NC House Bill 730

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A U.S. Army Sergeant tasked with preventing sexual assault in the military is being investigated for charges of “abusive sexual contact.”

The Sergeant 1st Class, whose name has not been released, served as the Sexual Harassment/Assault Result Prevention (SHARP) Coordinator and Equal Opportunity Advisor at Fort Hood in Texas. U.S. Army Criminal Investigation Command is handling the investigation and the sergeant has been removed from all duties. According to a statement released by the Department of Defense (DoD) the service member in question is being investigated for allegations of “pandering, abusive sexual contact, assault and maltreatment of subordinates.”

This new investigation follows the case of an Air Force chief of sexual assault prevention and response who wasarrested on charges of sexual battery. Lieutenant Colonel Jeffery Krusinski groped a woman in a parking lot. She fought him off when he attempted to grab her again and immediately alerted the police. An anonymous spokesperson for the Air Force confirmed that Krusinski had been dismissed from his post in response to the allegations. Later that week, the Department of Defense issued an annual report that showed that sexual assault in the military rose by 35% from 2010 to 2012. The report found that 26,000 members of the military experienced “unwanted sexual contact” in 2012 when answering an anonymous survey – a rate of approximately 70 assaults a day.

As a result of these recent cases, Secretary of Defense Chuck Hagel has ordered all military personnel responsible for sexual assault prevention and response, in addition to recruiters, to be retrained, re-credentialed, and re-screened. Senator Kristen Gillibrand (D-NY), Chair of the Senate Armed Services Subcommittee announced that she will be introducing legislation with Senator Barbara Boxer (D-CA) that will remove military sexual assault cases out of the chain of command. In a statement Gillibrand wrote:

“For the second time in a week we are seeing someone who is supposed to be the tip of the spear preventing sexual assault being investigated for committing that very act. We have to do better by the men and women serving. And assure them that they will be serving and not be attacked by their colleagues, and not be subject to this kind of treatment.We have the best and the brightest serving in our military. We have the greatest military in the world. And we ask everything of them. We ask them to even die for their country. We should not be asking them to be subject to sexual assault and rape.It is time to get serious and get to work reforming the military justice system that clearly isn’t working. I believe strongly that to create the kind of real reform that will make a difference we must remove the chain of command from the decision making process for these types of serious offenses.”

“Military sexual assault is an outrage,” exclaimed Eleanor Smeal, President of the Feminist Majority, following the release of the DoD report. “There is no excuse. We must take military sexual assault cases out of the chain of command so those responsible are held accountable for their egregious actions. No more coddling, no more protection, no more promoting of predators.”

Media Resources: Department of Defense 5/14/2013; MSNBC 5/14/2013; Feminist Majority 5/8/2013; Feminist Newswire 5/8/2013, 5/7/2013

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Yesterday, the Pregnant Workers Fairness Act was introduced in both the U.S. House of Representatives and Senate aimed at strengthening workplace protections for pregnant workers.

The bill is aimed at strengthening the Pregnancy Discrimination Act of 1978, which prohibits workplace discrimination based on pregnancy, childbirth, or related medical conditions. Despite being illegal to fire someone for being pregnant, women are often forced to take unpaid leave during their pregnancy or fired for related accommodations that are ordered by a physician, but not honored by their employer. In a statement by Emily Martin of the National Women’s Law Center, Martin cites stories of women such as Amber Walker who is “the only female truck driver for a beer distributor in Iowa, who asked for help with heavy lifting or a temporary assignment to a different position during the final months of her pregnancy. Although the company routinely accommodated employees with injuries – and even had a policy allowing drivers who lost their license from drunk driving to apply for new positions in sales – it denied Walker’s request and forced her to take unpaid leave. Six days after her baby was born, Walker’s leave was already used up. When she failed to return to work one week after giving birth, she was fired.”

The Pregnant Workers Fairness Act is being sponsored in the Senate by Senators Jeanne Shaheen (D-NH) and Bob Casey (D-PA) and in the House of Representatives by Representatives Jerrold Nadler (D-NY), Carolyn Maloney (D-NY), Jackie Speier (D-CA), Susan Davis (D-CA), and Marcia Fudge (D-OH). In their statements, both Senator Shaheen and Representative Jerrold Nadler describe the bill “The Pregnant Workers Fairness Act requires employers to make reasonable accommodations for pregnant workers and preventing employers from forcing women out on leave when another reasonable accommodation would allow them to continue working. The bill also bars employers from denying employment opportunities to women based on their need for reasonable accommodations related to pregnancy, childbirth, or related medical conditions.”

Media Resources: Raw Story 5/14/2013; RH Reality Check 5/14/2013; Office of Representative Jerrold Nadler 5/14/2013; Office of Senator Jeanne Shaheen 5/14/2013

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A bill that would remove over time pay and replace it with “comp” time passed the House yesterday in a vote along party lines of 223 to 204.

The Working Families Flexibility Act, dubbed the “More Work, Less Pay Act” by Democrats, would replace overtime pay at the hour-and-a-half rate with comp time that workers would use at a later time at the employer’s discretion. Supporters of the Act argue that this will allow working women and care-givers the ability to control their schedules and get more time off. However, critics and labor activists contend that it empowers employers to demand their employees work extra hours over the standard 40 hour work week without any consequences for the employer and at the expense of the worker. The bill also gives workers the right to sue if an employer intimidates them into accepting comp time instead of overtime pay, but denies the ability to seek remedies from the Department of Labor. It also does not provide [PDF] the department of Labor with any funds to enforce the act.

Ellie Smeal, President of the Feminist Majority, said, “The Republican Working Families Flexibility Act is a fraud and anything but working family friendly. The act simply works to kill overtime pay and allow flex time only to meet the employer’s needs.”

The White House issued a statement saying, “This legislation undermines the existing right to hard-earned overtime pay, on which many working families rely to make ends meet, while misrepresenting itself as a workplace flexibility measure that gives power to employees over their own schedules.”

In a joint op-ed in the Huffington Post, Representative Gwen Moore (D-WI) and President of the AFL-CIO Arlene Holt Baker said, “For many working families, taking home less pay at the end of the day means less money to cover rent, education costs, medical bills and other living expenses. The ‘choice’ to take unpaid time off is not a choice at all… At a time when workers are already working harder for less, those who rely on overtime to make ends meet could face even more financial challenges. The kind of support that working families are looking for would be available by strengthening their ability to collectively bargain on the job for higher wages, safer workplaces, better health care and paid time off options. Working families deserve better than H.R. 1406.”

Media Resources: Huffington Post 5/8/2013, 5/7/2013; The Nation 5/7/2013; National Partnership for Women and Families

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Last week, a Minnesota judge dismissed a lawsuit that attempted to end state insurance coverage for abortion.The lawsuit, brought against the state by a conservative anti-abortion legal group on behalf of “taxpayers”, alleged that the Department of Human Services was using tax-payer money to fund abortions for women on state assistance when the procedures were not medically necessary and without the authority to do so.

Second District Court Judge Kathleen R. Gearin dismissed the case with prejudice on Thursday. In her opinion, Gearin cited a 1995 case Doe v. Gomez, which determined that if Minnesota funded pregnancy-related care, it would be unconstitutional to not fund therapeutic abortions (when there is a medical reason to terminate the pregnancy, or if it is the result of rape or incest). She also restated the guarantee to right to privacy as stated inDoe v. Gomez: “the difficult decision to obtain a therapeutic abortion will not be made by the government, but will be left to the woman and her doctor.” Since the case was dismissed with prejudice, it cannot be filed again.

Media Resources: Associated Press 5/7/2013; RH Reality Check 5/3/2013; State of Minnesota Second Judicial Court 5/2/2013

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A staff person for Washington state Senator Mike Hewitt (R-Walla Walla) recently told a Washington blogger that LGBT individuals can fend for themselves when they are denied services under a recently proposed bill.

Jay Castro, a reader of the Washington blog column Slog at The Stranger, called Senator Hewitt’s office to ask about his sponsorship of SB 5927, which would allow people to refuse to provide services and discriminate against LGBT people because of “sincerely held religious beliefs.” Castro asked an unidentified staffer, “What are rural gays supposed to do if the only gas station or grocery store for miles won’t sell them gas and food?” Hewitt’s staffer responded to Castro, “Well, gay people can just grow their own food” (emphasis added).

When Slog blogger Anna Minard attempted to call the office for clarification, she was hung up on three times by staffers before being told “It was a poor response to a question, that’s really all I want to say about that. [Castro] caught me at a bad time; I’m not interested in answering hypotheticals. It was a combative call. Patience was lost, mistakes were made, and that’s it.” The spokesperson said that the staffer’s comment was not representative of Hewitt’s views on the proposal.

Media Resources: Huffington Post 4/29/2013; ThinkProgress 4/29/2013; Slog 4/26/2013

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The Florida state legislature has a week to reconcile two different versions of a Medicaid expansion bill that could either provide coverage to 1.1 million Floridians, or to only 115,000. The debate over the two versions of the bill is over the question of whether or not Florida should accept funding from the federal government that is tied to the Affordable Care Act.

The conservative-controlled state House passed a bill on Friday that would use $237 million in state funds to expand Medicaid to approximately 115,000 Floridians and would reject funding from the federal government. Republican Florida state Representatives argue that the rejection of federal funds is to prevent deficit spending by the Obama Administration. Many fear that with this bill many low-income families would still not be able to afford healthcare. Under this plan, families would have a $25 monthly premium. Comparatively, Florida House members on the state insurance plan only have to pay $8 a month.

On Monday, the state Senate amended the House bill to reinstate the acceptance of federal funding. Accepting federal funding for Medicaid has bipartisan support in the state Senate. The amended bill would accept $50 billion of federal funding to provide Medicaid to 1.1 million Floridians, and has support from both the Obama administration and Republican Governor Rick Scott. The Florida state Senate still has to vote to approve their amended bill.

If the amended bill passes in the Florida Senate, it is unlikely to have enough support to pass in the state House before the end of the 2012 – 2013 legislative session this week. This would mean that legislative efforts to expand Medicaid coverage in Florida would have to start over in the next legislative session.

Media Resources: Associated Press 4/29/2013, 4/26/2013; ThinkProgress 4/29/2013; WFSU 4/29/2013

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New national guidelines on forensic medical examination in sexual assault cases were released by the Department of Justice this Wednesday. In addition to focusing on the victim’s emotional and physical wellbeing during medical examinations, the guidelines also clearly state a recommendation that sexual assault victims are offered emergency contraception. In the case that the medical staff has moral objections, the patient must be informed where they can immediately obtain emergency contraception.

The last guidelines were issued in 2004 and were mostly focused on criminal prosecution. The new guidelines [PDF] prioritize the victim’s emotional and physical needs over criminal prosecution. Bea Hanson, the director of the Justice Department’s Office on Violence Against Women, cites this shift in priority as a means to help the victim and law enforcement better collaborate.  “Research shows that once victims get support, they’re more likely to cooperate with the criminal justice system,” Hanson said.

A former investigator of sex crimes for the Phoenix Police Department, Sergeant Jim Markey, described the new guidelines as “long overdue.” He explained, “What this does is this allows workers in the trenches, those victim advocates, those detectives and nurses, to go to the decision makers and leaders in their communities and say: ‘You know what? Here are the standards. We need the resources to provide the minimum standards that are in this protocol.’ ”

Media Resources: Huffington Post 4/26/13; The New York Times 4/24/13; National Criminal Justice Reference Service

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An eight story building in Bangladesh collapsed on Wednesday morning, killing at least over 100 people. The death toll is still rising.

The building in the suburb of Savar, outside of the capital Dhaka housed five garment factories as well as a shopping center. An official appointed to give information about those missing or hurt told Reuters that 96 people were confirmed dead and at least 1,000 were injured. Firefighters said that they believed over 2,000 people were in the building at the time of the collapse. The Daily Ittefaq, a local paper, reports that the death toll is over 100, and the government has declared Thursday a national day of mourning.

Mohammad Asaduzzaman of the local police station told reporters that a crack had been detected on Tuesday and the factory owners were given a warning not to allow their workers in the building. However, factory owners either ignored or never received the warning. “There were some crack at the second floor, but my factory was on the fifth floor,” said Muhammad Anisur Rahman, a factory owner. “The owner of the building told our floor manager that it is not a problem and so you can open the factory.” Another worker said that factory owners told their workers they had examined the crack and “not to worry.”

Outrage over the conditions of garment factories in Bangladesh gained international headlines in November of 2012 when 112 workers died during a fire in a factory that was producing clothes for Walmart and other Western retailers that an official investigation ruled that the fire was deliberately started. In addition to being a deliberate act, the investigation determined that up to nine officials prevented workers from leaving the building and even padlocked exits.

The investigation also found severe evidence of negligence on behalf of the factory owner, Delwar Hossain. Hossain had originally denied that the factory was unsafe, however the factory’s fire certificate had expired before the fire. In addition, the building only had permission to be three stories high but was in fact nine and lacked sufficient emergency exits.

Sources: BBC 7/24/2013; Daily Ittefaq 4/24/2013; Reuters 4/24/2013; Feminist Newswire 12/17/2012

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A five year old girl is in critical condition after being allegedly kidnapped and raped in Delhi, India.

The girl was allegedly kidnapped on Monday by a neighbor. She was discovered after a neighbor heard crying and called the authorities. She was admitted with injuries to her face and chest wall, and bruises on her neck that could indicate strangulation.

Protests have erupted outside the hospital in response to the assault. Since the brutal gang rape and death of a 23-year-old female medical student in India, protests have been sparked across India, the world’s largest democracy, where a woman is estimated to be raped every twenty minutes, with Delhi being labeled the “rape capital” of the country, according to the Associated Press. Huge protests and demonstrations have voiced anger regarding the treatment of women in India and calling for tougher laws on violence against women.

Media Resources: BBC 4/19/2013; International Business Times 4/19/2013; Feminist Newswire 1/2/2013

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The Senate rejected a bill that would have expanded the scope of background checks for potential gun owners on Wednesday. In a speech following the defeat, President Obama cited conservative control of the Senate as the reason for the loss: “A few minutes ago, 90% of Democrats in the Senate just voted for [gun control]. But it’s not going to happen because 90% of Republicans in the Senate just voted against that idea.” One senator, Joe Manchin, (D-WV), recently suggested that his fellow members were inclined to vote the bill down because of political pressure from the National Rifle Association.

Multiple sources agree that 90 percent of Americans approve of universal background checks and more stringent requirements for gun owners in general. Vice President Joe Biden explained Wednesday’s outcome despite that fact with a quote from a conversation he had with a Congressperson: “that 10 percent who doesn’t agree [with gun control], they are going to show up. They’re going to show up and vote.” The Washington Post reports that NRA members and other anti-gun control advocates visit their representatives with more frequency than pro-gun control individuals.

In anticipation of heightened efforts by the pro-gun control lobby, a representative from the organization stated “we are prepared for a very long war and a very expensive war.”

The National Rifle Association and its supporters have been active in opposing gun control measures since December 2012. In response to the shooting at Sandy Hook Elementary, CEO Wayne LaPierre called for protective measures in the form of armed sentinels in schools and other public places, not limitations on who can and cannot purchase arms. He said gun control legislation violates the Second Amendment.

Media Resources: Los Angeles Times 4/18/2013; The Washington Post 4/18/2013; Feminist Daily Newswire 01/30/13

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On Wednesday, an anti-choice collation of Washington state Senators blocked a motion to bring the Reproductive Parity Act to the floor for debate. The bill, which has already passed in the state House and has the Governor’s support, would require that any insurance plan that covers maternity care must also cover abortion care as part of it. The vote suggests that the RPA will not be brought to the floor this legislative season.

State Senator Karen Keiser (D-Kent), sponsor of the bill, was angered by the fact that the state Senate leadership had not allowed the bill to come to a vote, especially when she believed they would have the necessary support. State Senate Republican Leader Mark Schoesler (Ritzville) led the move to block discussion, arguing that Keiser was “impugning” her fellow legislators. Keiser and fellow Democrats were also accused by state Senator Don Benton (R-Vancouver) of trying to force Republican leaders to bring an ill colleague, Mike Carroll, to come into the chamber and jeopardize his health.

Media Resources: Associated Press 4/17/2013; Feminist Newswire 3/26/2013

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At a press conference this morning, Congresswomen Jackie Speier (D-CA) announced that she is reintroducing the Sexual Assault Training Oversight and Prevention Act (STOP Act) to address sexual assault in the military.

In an official statement, Speier said “The epidemic of military rape and sexual assault is a damning indictment of the military judicial system’s treatment of these cases. True justice demands impartiality which is absent in a system that relies on individual commanders who have no legal expertise to determine which assailants get prosecuted and which go free. Instead of commanders making decisions about guilt or innocence, no matter how senior, an independent military office of trained experts should determine how these cases are treated.”

At the press conference, Feminist Majority Government Relations Director, Norma Gattsek, said “The military structure for the handling of sexual assault is, in itself, a barrier to real justice. The atmosphere and the treatment of survivors deter them from reporting crimes and the perpetrators continue unabated. For all too many, it has meant leaving work they love, they are trained to do and that they do well. This is our loss.”

The STOP Act, which has 83 co-sponsors, would take sexual assault cases out of the hands of chains of command and place it under the jurisdiction of an autonomous Sexual Assault Oversight and Response Office which will be comprised of civilian and military personnel. This would prevent officers from being able to overturn sexual assault convictions like in a case last month.

Media Resources: Business Insider 4/17/2013; Statement of Congresswomen Jackie Speier 4/17/2013; Feminist Newswire 3/6/2013

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The Senate is scheduled to debate the Safe Communities, Safe Schools Act of 2013 (S. 649) today, which would require background checks for all firearm purchases and strengthen existing regulations on gun sales.

However, it is unsure whether the bill will get enough votes to pass. Sponsor and Senate Majority Leader Harry Reid (D-NV) was struggling to get the necessary votes in a whip count on Monday. Currently only four Republicans – John McCain (AZ), Mark Kirk (IL), Susan Collins (ME), and Kelly Ayotte (NH) – have agreed to support the bill. Three Democrats have said they are still reviewing the proposal and would not commit to supporting the bill until after they had finished. Three others have not taken a position.

Media Resources: Politico 4/16/2013; International Business Times 4/15/2013; GovTrack.us

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Georgia Governor Nathan Deal (R-GA) refuses support a group of four students who are trying to racially integrate their high school prom.

When asked by a progressive non-profit organization to come out in support of desegregating Wilcox County High School’s prom, the Governor issued a statement discarding the request as a political ploy. Governor Deal’s spokesperson wrote in a statement, “This is a leftist front group for the state Democratic party and we’re not going to lend a hand to their silly publicity stunt.” However, three conservative state representatives have come out in support of the desegregation.

Four high school students from Wilcox County High School are currently pushing to have one integrated prom. In the past, the county has put on two proms: one that is racially integrated and one exclusively for white students. A biracial student who attempted to attend the white prom last year was escorted off the premises by police. Since the proms are not funded through the school, but instead are privately funded by supporters in the county, it is legal to have separate, segregated prom events.

Media Resources: ThinkProgress 4/15/2013; PolicyMic 4/13/2013; Huffington Post 4/12/2013

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Representative Steve Stockman of Texas (R) has released a controversial new bumper sticker and slogan for his re-election campaign: “If babies had guns, they wouldn’t be aborted. Vote Pro-Life!” Stockman’s slogan gained attention when he used Twitter to publicize his new slogan last Friday on his @ReElectStockman account. His previous account, @SteveStockmanTX, has been suspended by Twitter.

Stockman refers to himself as “the most conservative congressman in Texas” and often uses shock value to create controversy surrounding his main issues of anti-choice and pro-gun legislation. In the past, he has compared President Obama to Saddam Hussein and has suggested impeachment of the president if there were executive orders made on gun control.

Media Resources: The Christian Science Monitor 4/14/13; Burnt Orange Report 4/12/2013; Huffington Post 4/12/13

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