The Racial and Reproductive Justice of Thurgood Marshall

Thurgood Marshall, 1967. Photo: National Archives and Records Administration

On January 21, 2017, the day after the inauguration of Donald Trump as America’s 45th president, almost half a million people descended on Washington, D.C., in what the Washington Post called “likely the largest single-day demonstration in recorded U.S. history.” The Women’s March was held to protest the election of a highly unpopular president, who had been exposed in the months leading up to the election as someone who insulted the appearance and intelligence of women, boasted of his aggressive sexual advances toward others, and vowed to nominate a Supreme Court judge who would roll back women’s access to abortion. In D.C., and at solidarity marches around the nation and the world, people arrived for a massive show of support for women’s rights and reproductive justice.


Thurgood Marshall was a “great champion of intersecting struggles against racism and sexism.”


Actor Chadwick Boseman, who was on the set of Marvel Studios’ Black Panther, a movie based on the first black superhero featured in mainstream comics, took a break from filming that morning to tweet, “Shooting Black Panther on a Saturday. But my heart is at the Women’s March.” It was a fitting sentiment for an actor who had also been cast to star in Marshall, the recently released biopic about the late Supreme Court Justice Thurgood Marshall.

While Marshall was known foremost for his role in important civil rights cases like Brown v. Board of Education, as well as for becoming the first black U.S. Supreme Court justice some 50 years ago this month, he was also an influential figure in the history of reproductive justice. While the biopic focuses on his early career, when he handled a 1941 case involving a black defendant facing racially charged allegations and a prejudiced criminal justice system, it was not until more than three decades after that case — and more than five years after his swearing in to the Supreme Court — that Marshall became a fixture in the history of abortion rights in the U.S. Continue reading

Pro-Choice Friday News Rundown

  • Something good is emerging from the horror that is Hurricane Harvey — a Texas clinic is offering free abortions to women affected by the storm who may have missed appointments or had their finances severely impacted. Their help will be “financial and logistical” and includes helping women travel to one of their clinics in the state. (Vice)
  • Another piece of good news? Planned Parenthood and the developers of the HPV vaccine will be recipients of one of the nation’s most prestigious prizes in medicine! (NY Times)
  • Betsy DeVos is probably going to ruin any progress currently being made with regard to sexual assault on school campuses. (NPR)
  • Count me as one of the black women who think it’s time for the monument of J. Marion Sims in New York to come down. He is often flatteringly referred to as the “father of modern gynecology,” but he was actually a sadistic monster who performed genital surgeries on black women (whom he purchased as slaves) without anesthesia. (Essence)
  • Anti-choice lawmakers’ attacks on abortion clinics have been sadly very effective. Fifty-six independent abortion clinics have closed over the past two years, and 145 have shut down since 2012. (Rewire)
  • Kentucky could definitely be a casualty of this trend. They could soon be the first state in the country with no abortion clinic. (Reuters)
  • Birth control is good for many things: preventing babies, regulating periods, preventing ovarian cysts, managing endometriosis … and now we learn oral contraceptives are also tied to lower rheumatoid arthritis risk! (NY Times)
  • A Texas judge temporarily blocked a law that would have banned dilation and extraction abortions in the state. (The Cut)
  • Awful news: A 10-year-old Indian rape victim gave birth after a court denied her request for an abortion. (WaPo)
  • An “activist” Ohio Supreme Court judge spoke at a pro-life event and now refuses to recuse herself from a case that could close Toledo’s only abortion clinic. (Jezebel)
  • Anti-Abortion Activists Are Using Down Syndrome Parents to Argue Against Women’s Rights (Double X)
  • More black women are using PrEP as a way to protect themselves from HIV. (Real Health Mag)

Pro-Choice Friday News Rundown

  • Let’s start this week’s rundown on a ridiculous note. Apparently a bunch of weirdos think a sticker on the head of a penis is an alternative to a condom. #FacePalm (Slate)
  • 45’s administration defunding evidence-based sex ed in favor of abstinence-only propaganda will not make America great. (Tucson Weekly)
  • Rep. Ben Ray Luján — the chairman of the Democratic Congressional Campaign Committee — became the latest to suggest that 2018 Democratic candidates don’t have to be pro-choice. While he didn’t clarify this comment, what I’m hoping he means is that Democratic candidates can be personally pro-life, as long as they are active in protecting the LEGAL RIGHT women have to abortions. If this isn’t what he meant, he’s sadly misguided and has no business representing or leading the party. (NY Mag)
  • More on that? This Atlantic article about the Democratic Party’s “abortion dilemma” is also concerning. It worries me that we continue to hear about “pro-life” Democrats and whether or not they should be “welcomed” by members the party and supported when they run for office. First of all, pro-choice people are also pro-life. We value the lives of all people. We value and respect the choices of women who wish to bring life into the world and women who do not. I think it’s perfectly acceptable for a Democrat not to embrace abortion personally. What is not acceptable is to legislate in a manner that disempowers women from making choices regarding their wombs. It would be a GRAVE mistake for Democrats to support candidates who would cruelly force women to endure unwanted pregnancies. Reproductive rights are human rights. This should not represent a “dilemma” to a party that purports to care about human rights. (The Atlantic)
  • Virginia, why is there a need for you to go down the forced vaginal ultrasound path other than to humiliate and violate women? (Rewire)
  • Texas, why is it easier to buy a gun that has the potential to kill scores of people than to access abortion in your state? What a shame we live in a society that so clearly values punishing women for their sexual behavior over protecting living, breathing people. (Houston Chronicle)
  • Other wretched news out of Texas? They’re looking to restrict insurers from covering abortion. What other safe, legal medical procedure would they dare try this on? Can’t think of any? Me neither. (Texas Tribune)
  • Renee Bracey Sherman wrote a great piece for The New York Times about the concern anti-abortion activists claim to have for “black lives” terminated by abortion, but not via police killings. She states, “Far too often, compassion for black lives doesn’t extend beyond the womb or to the black women carrying that womb.” (NYT)
  • Jessica Valenti of The Guardian reminds us all that pregnancy has the potential to be lethal and that no one should be forced to give birth against their will. (The Guardian)
  • A nonprofit in the U.S. is helping throw women in El Salvador in prison for having abortions. Disgusting. (Slate)

TRAP Laws: Slowly Chipping Away at Abortion Access

Repeal TRAP laws nowThis week marks the third anniversary of the decision in Planned Parenthood Southeast, Inc. v. Strange, a lawsuit that challenged HB 57. This bill, passed by Alabama’s state legislature, required every physician who performs an abortion at a clinic to have staff privileges at a local hospital. Planned Parenthood clinics in Birmingham and Mobile, as well as providers at Reproductive Health Services in Montgomery, would have been unable to obtain hospital staff privileges for various reasons, including a hospital board’s opposition to abortion, requirements that doctors admit between 12 and 48 patients a year to retain staff privileges, and stipulations that the physicians live within a certain radius of the hospital. (Ridiculous, right?)

Luckily, on August 4, 2014, a federal court blocked the requirement that abortion providers obtain admitting privileges at local hospitals — a victory for reproductive rights, but just one small battle in the larger war against abortion access in the United States.


We will not let our state laws be templates for other anti-choice legislation.


Bills like HB 57 are called Targeted Regulation of Abortion Providers laws. TRAP laws selectively focus on medical facilities that provide abortions to make it more difficult for reproductive health care providers to offer abortion services to their patients. In a nutshell, TRAP laws segregate abortion from regular medical procedures, discourage doctors from providing abortion services because of the tedious requirements to do so, and dramatically increase the cost of obtaining an abortion.

Many state legislatures pass these restrictions by arguing that abortion is a risky medical procedure. However, according to the Guttmacher Institute, “abortion is one of the safest surgical procedures for women in the United States. Fewer than 0.05% of women obtaining abortions experience a complication.” Continue reading

Pro-Choice Friday News Rundown

  • John McCainJohn McCain, Lisa Murkowski, and Susan Collins broke from the degenerate cretins of the GOP and helped DEFEAT the repeal of Obamacare. I can’t believe I’m typing this. (CNN)
  • As we’ve all said umpteen times, the GOP succeeding at defunding Planned Parenthood would have overwhelmed other clinics and left women with few options — which is the opposite of what anyone with a heart should want. (WaPo)
  • An interesting new study of 358 gay male couples showed that HIV-positive men who are on treatment that makes the virus undetectable do not transmit HIV to their partners during condomless anal intercourse. (NBC News)
  • ICYMI: No. 45’s administration is cutting funding for teen pregnancy prevention and 148 members of Congress are demanding answers. I doubt they’ll get them, but appreciate the effort. (Rewire)
  • As a black woman, this broke my heart and seared my soul: The No. 1 cause of death among black women under 35 is intimate partner violence. Men are killing us. Frequently. Brutally. (The Root)
  • Proenza Schouler did a video love note to Planned Parenthood. I dig it. (The Cut)
  • Did you know that since since January, 49 states have introduced almost 600 pieces of legislation to protect and advance access to reproductive health care services?! (Elle)
  • The controversy over the effects of Essure (a permanent method of sterilization for women) continues to rage on. (WaPo)
  • When it comes to trying to undercut women’s access to reproductive heath care, Texas will not S T O P. (Guttmacher)
  • They also passed their unconscionable “bathroom bill.” Ugh. (The Daily Beast)
  • Another state choosing to burden women with more abortion restrictions? Missouri. Like Texas, they’re becoming notorious for this crap. (Jezebel)

Pro-Choice Friday News Rundown

  • Deja Foxx

    Let’s kick this thing off with some good news — two states have passed laws making it easier for women to access birth control! Yay! (Elite Daily)

  • If you live in the Phoenix metro area, you may wanna check out this handy map on the prevalence of STDs in your ZIP code! (ABC 15)
  • In other local news, Tucson teen Deja Foxx is a fearless powerhouse. She courageously advocates for others, heroically stood up to Sen. Jeff Flake, and sings the praises of Planned Parenthood every chance she gets. We are SO in awe of her and SO thankful for her advocacy! (WaPo)
  • Extensive research by the National Bureau of Economic Research shows there are broad economic benefits of increased contraception use — not just for women but for society overall. (Salon)
  • Of course sexism played a huge role in Hillary’s 2016 election loss. (XX Factor)
  • Rewire‘s Yamani Hernandez explains why framing abortion as an economic issue that affects our survival may be the only way to make people understand how crucial our right to this choice is. (Rewire)
  • Texas’ maternal mortality rate doubled over a two-year period. Not coincidentally, this was the same two-year period of time in which the state gutted Planned Parenthood and forced most of our health centers in the state to close. Additionally, more than half of all births in Texas are paid for by Medicaid, but coverage for new mothers ends just 60 days after childbirth. The majority of the 189 maternal deaths the task force looked at from 2011 to 2012 occurred after the 60-day mark. (Texas Observer)
  • Texas also has the highest birth rate in the U.S. (more than half paid for through Medicaid), and one of the highest teen pregnancy rates in the country. Medicaid births — most likely unintended pregnancies — rose in areas where access to PP was barred. (Austin Chronicle)
  • And in case you were wondering, Texas is not done clobbering reproductive options and rights. Their governor just signed what is being described as a “sweeping anti-abortion law.” (The Cut)
  • The latest medical science discovery: A vaginal gel containing tenofovir, an antiretroviral drug used to treat HIV infection, was three times as effective at preventing HIV in women who had healthy vaginal bacterial communities as it was in women with a less beneficial mix. (Science News)
  • Gotta love this headline: “President Who Bragged About Extramarital Sex Appoints Top Abstinence Advocate to HHS” (XX Factor)

Pro-Choice Friday News Rundown

Remember the bill the 45th President signed last month giving states the right to withhold federal Title X funds for family planning services from clinics that also provide abortions? Well, that wasn’t going to affect the state of Arizona because our state does not directly distribute funds to health-care providers. Title X funds have long been distributed by the Arizona Family Health Partnership and they never discriminated based on whether or not a provider performed abortions.

WELP, GUESS WHAT? The despicable, forced-birth advocates in our Legislature (the House and the Senate — NOT A COINCIDENCE but a coordinated attack!) launched bills last week seeking to change who controls the distribution of Title X finds. They want that money now to be distributed by the Arizona Department of Health Services — a state-run entity that is prohibited from contracting with health-care providers who perform abortions.

Again, the timing of this is not a coincidence and this is a GOP-coordinated attack on Planned Parenthood and clinics that provide abortions.

  • Now that No. 45 has given other states the right to withhold those funds from us, Arizona wants in. (Phoenix New Times)
  • Obviously poor women and women in rural areas are going to suffer as a result if these harmful bills pass. (AZ Central)
  • By nominating Charmaine Yoest to be assistant secretary for public affairs of the Department of Health and Human Services, No. 45 continues his administration’s coordinated effort to destroy reproductive health care. Ms. Yoest has personally had a hand in harmful legislation nationwide to restrict women’s access to abortion. She has publicized the lie that abortion raises the risk of breast cancer. This is not rooted in science. She is a dangerous zealot and fear-monger hoping to scare women out of making a medically sound decision about their bodies. This is scary. (Rewire)
  • To all my friends in Blue states: If Trumpcare passes, it’s going to jack up your lives, too! (Slate)
  • Why does the GOP want to make women pay more for health insurance? I’m sure misogyny has nothing to do with it! (NY Mag)
  • Are Republicans accidentally paving the way for single-payer health care? Let’s hope so. (WaPo)
  • Bernie Sanders and Tom Perez, the de facto “leaders” of the Democratic party, threw women under the bus. (NY Mag)
  • Alabama Governor Signs Law Allowing Faith-Based Adoption Agencies to Bar Gay Couples From Adopting. I could find no evidence that he himself has adopted any children. Apparently his concern for them is limited to keeping them out of potentially loving homes based on whom their parents have consensual sex with. Seems legit. #NOT (Slate)
  • From the looks of HB 3859, Texas is on board with this practice as well. This terrible bill would allow state contractors who provide child welfare services to discriminate against qualified same-sex couples who want to adopt. (HRC)
  • Actually, it’s even worse than that. While Texas foster kids — including LGBTQ foster kids who got kicked out of their homes of origin — are being “protected” from same-sex foster parents, they’re also being “protected” from vaccinations. (The Stranger)
  • Nancy Pelosi says abortion is “fading” as an issue for Democrats. The opposite is true for conservatives. (WaPo)
  • Trump’s Annual Child-Care Tax Break Would Give Average American Families Less Than $20. Try not to spend it all in one place! (Slate)
  • A piece of good news … A bill that could ban conversion therapy nationwide could be passed. YES! (WaPo)
  • In the United States, black women are three to four times more likely than white women to die from pregnancy-related causes. It’s worse in places like New York City, where black women are 12 times more likely than white women to die from pregnancy-related causes. Rewire asks, “Could Increasing the Number of Black Health-Care Providers Fix Our Maternal Health Problem?” (Rewire)