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Reproductive Justice

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Kiara Arnette

on 12 November 2012

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Transcript of Reproductive Justice

 "Legitimate Rapes? : Bodies, Public Policy and Science"  Cynthia Neal Spence, Ph.D., Sociology and Anthropology Department 
& Violence Against Women Class “It seems to me, from what I understand from doctors, that’s [referring to women getting pregnant] really rare. If it’s a legitimate rape, the female body has ways to try to shut that whole thing down. But let’s assume that maybe that didn’t work or something: I think there should be some punishment, but the punishment ought to be of the rapist, and not attacking the child.”
-Missouri Congressman Todd Akin (2012) Missed What He Said? Some say… What is LEGITIMATE RAPE? & “The belief that a woman is telling the truth about her rape” – Politico Correspondent, Dave Catanese (Aug. 20, 2012)

“Rape between one man and one woman who are not married or even acquainted; the only rape sanctioned by the Republican Party.” –Jeremy Peter Green (Aug. 21, 2012) While others say... Rape  Abortion Abortion  Reproductive Rights Reproductive Rights  Reproductive Justice GA LAWS on ABORTION Abortion Bans
Georgia's previability abortion ban outlaws abortion after 20 weeks without an adequate exception to protect women's health or for cases in which the pregnancy was the result of rape or incest. The law makes previability abortion after 20 weeks a criminal act, unless necessary to prevent a substantial permanent impairment of the life or physical health of the woman or in the case of a medically futile pregnancy. H.B. 954, 151st Gen. Assem., Reg. Sess. (Ga. 2012) (Enacted 2012). GA'S HOUSE
Executives : Governor Nathan Deal (R) is anti-choice.

Legislature :
The Georgia House is mixed-choice.
&
The Georgia Senate is anti-choice. Biased Counseling & Mandatory Delay

A woman may not obtain an abortion until at least 24 hours after the attending physician, the referring physician, or the physician's agent tells her, by telephone or in person: (1) the medical risks of the particular procedure; (2) the probable gestational age of the fetus; and (3) the medical risks of carrying the pregnancy to term. (4) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (5) that the "father" is liable for child support; and (6) that she has the right to review state-prepared materials on a state-sponsored website that describe the fetus, list agencies that offer alternatives to abortion, and contain information on fetal pain. If the woman chooses to review materials in printed form, they must be given to her at least 24 hours before the abortion or mailed to her, by certified mail, at least 72 hours before the abortion.

The state-prepared materials must: (1) provide a geographically indexed, comprehensive list of public and private agencies and services, including adoption agencies, available to assist the woman through pregnancy, upon childbirth, and while the child is dependent, or include a 24-hour toll-free hotline that may be called to obtain such a list; (2) describe with pictures the probable anatomical and physiological characteristics of the fetus at two-week gestational increments, including the possibility of survival; (3) describe the commonly employed abortion procedures, the medical risks associated with each, the "possible detrimental psychological effects of abortion," and the medical risks of carrying a pregnancy to term; and (4) give information on fetal pain concerning fetuses of 20 weeks or more gestational age and state that anesthesia is routinely administered to fetuses of 20 weeks gestational age or older who undergo prenatal surgery.

Ga. Code Ann. §§ 31-9A-1, -2, -5, -7, -8 (Enacted 2005), -3, -4, -6 (Enacted 2005; Last Amended 2012). ABORTION REFUSAL CLAUSE

To whom does the refusal clause apply? Individuals, hospitals, medical facilities, pharmacists or physicians.

What does the refusal clause allow? No person who objects in writing on moral or religious grounds may be required to fill a prescription for a medication intended to cause an abortion or to participate in procedures that result in an abortion. The refusal of a person to participate may not be a basis for a claim for damages or other recriminatory action. In addition, no hospital, medical facility, or physician may be required to admit a woman for the purpose of providing abortion care.

Must the refusal be in writing? Yes.

Does the law require the refusing individual or entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.

Ga. Code Ann. § 16-12-142 (Enacted 1968; Last Amended 2006). FAMILY-PLANNING REFUSAL CLAUSE

To whom does the refusal clause apply? Employees of state agencies that administer family-planning services.

What does the refusal clause allow? Any employee of a state agency that administers family-planning services, defined as family-planning counseling, information, and referrals, and the distribution of contraception, may refuse to accept the duty of offering such services where the duty is contrary to the employee's religious beliefs. An employee's refusal to offer family-planning services shall not be grounds for any disciplinary action, dismissal, interdepartmental transfer, suspension, loss in pay, or any other discrimination in employment. The director of the agency is, however, authorized to reassign the duties of the employee in order to provide family-planning services effectively.

Does the law require the refusing individual or entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for family-planning services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause? No. However, the director of an agency is authorized to reassign the duties of the employee in order to provide family-planning services effectively.

Ga. Code Ann. § 49-7-2, -6 (Enacted 1966). Refusal Clauses
STERILIZATION REFUSAL CLAUSE

To whom does the refusal clause apply? Hospitals, physicians, or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital.

What does the refusal clause allow? No physician, or any other person who is a member of or associated with the staff or a hospital, or any employee of a hospital in which a sterilization procedure has been authorized, who objects on moral or religious grounds is required to participate in the medical procedures or the committee procedures leading to a sterilization procedure. The refusal shall not be the basis of any claim for damages or for disciplinary or recriminatory action. No hospital may be required to admit a patient for the purpose of performing a sterilization procedure.

Does the law require the refusing individual or entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for sterilizing procedures? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.

Ga. Code Ann. § 31-20-6 (Enacted 1970). PHARMACIST REFUSAL CLAUSE

What does the refusal clause allow? It is not considered unprofessional conduct for any pharmacist to refuse to fill any prescription based on his or her moral beliefs.

Does the law require the refusing individual or entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for prescription services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.

Ga. Admin. Code § 480-5-.03. Restrictions on Low-Income Women's Access to Abortion

Georgia prohibits public funding for abortion for women eligible for state medical assistance for general health care unless the procedure is necessary to preserve the life of a woman endangered by a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, or the pregnancy is the result of rape or incest. Div. of Med. Assistance, Ga. Dep't of Cmty. Health, Medicaid Provider Manuals, Part II: Policies and Procedures for Physician Services, ch. 900, § 904.2 (Rev. Jul. 1, 2009) and Appendix H: Abortions, Certificate of Necessity for Abortion (DMA-311) (Jul. 1, 2009), at http://www.ghp.georgia.gov/wps/output/en_US/public/Provider/MedicaidManuals/2010-07_family_planning_V8.pdf.

A lawsuit was filed challenging Georgia's policy of not funding medically necessary abortion services. The plaintiffs requested but were denied an order that would have prevented the state from denying public funding for medically necessary abortion services for Medicaid-eligible women. Feminist Women's Health Ctr. v. Burgess, 2003-CV-78487 (Ga. Super. Ct. Dec. 23, 2003), rev'd, 651 S.E.2d 36 (Ga Sup. Ct. 2007). Restrictions on Young Women's Access to Abortion




Who is considered a minor? A young woman under the age of 18 who has never been married and who is under the care, custody, and control of her parents. Restrictions on Young Women's Access to Abortion

Is the law enforceable? Yes. A federal court held that this law is constitutional. Planned Parenthood Ass'n of the Atlanta Area v. Miller, 934 F.2d 1462 (11th Cir. 1991).

Who is considered a minor? A young woman under the age of 18 who has never been married and who is under the care, custody, and control of her parents.

What is required - parental consent or parental notice? Notice.

Who must be notified? One parent.

Are there other trusted adults who may be notified instead? No.

What is the process for providing notification? A young woman may not obtain an abortion until at least 24 hours actual notice has been given in person or by telephone by the attending physician or the physician's qualified agent to one parent. If written notice is sent by certified mail, return receipt requested with delivery confirmation, the 24-hour period begins to run 48 hours after the mailing unless proof of earlier delivery is established. Notice from the physician is not required if the young woman provides a signed statement from the parent stating that the parent has been notified. The 24-hour period is not required if, after receiving notice, the parent certifies in writing that he or she has been previously informed that the young woman was seeking an abortion or that he or she does not wish to consult with her, or if a parent accompanies the young woman.

May the parental mandate be waived if a young woman is a victim of rape or incest? No.

May the parental mandate be waived if a young woman is a victim of child abuse? No.

May the parental mandate be waived if a young woman's health is threatened? Yes, but only if the attending physician certifies in writing that a medical emergency exists. A medical emergency is defined as "when in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that so complicates the condition of the minor as to require an immediate abortion."

May the parental mandate be waived under any other circumstances? Yes, the young woman may try to obtain permission from a judge.

If a young woman must obtain permission from a judge, what is the process? She must secure a court order stating either that she is mature and well informed enough to make her own decision or that parental notice is not in her best interests.

Are there other significant requirements under the law? No.

Has a court considered the constitutionality of this law? Yes. A court held that this law is constitutional. Planned Parenthood Ass'n of the Atlanta Area v. Miller, 934 F.2d 1462 (11th Cir. 1991).

Ga. Code Ann. §§ 15-11-110, -116, -118 (Enacted 1987; Last Amended 1988), -111, -112 , -114 (Enacted 1987; Last Amended 2005), -113 (Enacted 1987; Last Amended 2001. Targeted Regulation of Abortion Providers (TRAP) Restrictions on Where Abortion Services May Be Provided

Abortion facilities must be "available at all reasonable and/or scheduled operating hours for observation and examination" by state officials. The regulations make no reference to patient privacy, whether clinic activities may be disturbed, or confidentiality measures. Ga. Comp. R. & Regs. r. 290-5-33-.08(1).

In order to provide post-first-trimester abortion care, a provider must be licensed as a hospital, an ambulatory surgical center, or an "abortion facility" (which must also be an ambulatory surgical center). Ga. Comp. R. & Regs. r. 290-5-32-.01(g), -.02(1). The state restricts providers in "abortion facilities" to providing only D&E procedures. Ga. Comp. R. & Regs. r. 290-5-32-.02(1). Therefore, any procedure after 13 weeks other than D&E must be provided in a hospital or an ambulatory surgical center. Restrictions on Who May Provide Abortion Services

Georgia prohibits certain qualified health-care professionals from providing abortion services.

Only a physician licensed by the state to practice medicine and surgery may provide abortion care. Ga. Code Ann. § 16-12-141(a) (Enacted 1968; Last Amended 2005). Contraceptive Equity

Georgia law requires health-insurance plans that cover prescription medication to provide equitable coverage for contraception.

What is required? If a health-insurance plan provides coverage for outpatient prescription medication, it must provide coverage for any Food and Drug Administration-approved prescription contraception.

To which insurance plans does the law apply? Health-insurance plans, other than certain limited benefit policies, issued or renewed on or after July 1, 1999 that provide coverage for outpatient prescription medication.

Does the law provide additional protections for women? Yes. Insurers may not impose a different copayment, coinsurance, or fee for contraceptives from that imposed on other prescription medication. In addition, insurers may not reduce prescription drug reimbursement rates for individuals receiving prescription contraceptive benefits.

Does the law contain a refusal clause, allowing certain employers and/or insurers to refuse to provide or pay for contraceptive coverage? No.

Ga. Code Ann. § 33-24-59.6 (Enacted 1999). Low-Income Women's Access to Family Planning

Georgia provides increased access to reproductive-health-care services through a Section 1115 family-planning waiver. The waiver allows the state to cover family-planning services for women ages 18 through 44 with family incomes at or below 200 percent of the federal poverty level who are otherwise ineligible for Medicaid and do not have any other health insurance. Additionally, enrollees must be (1) U.S. citizens or persons who meet Medicaid citizenship requirements, (2) Georgia residents, (3) not pregnant, and (4) able to have a baby (have not had a tubal ligation or hysterectomy).

Beneficiaries of family-planning coverage available through the waiver are not required to pay premiums or co-payments for covered services. Covered services include: family-planning initial exam and annual exam; contraceptive services and supplies; follow-up family-planning visits; pregnancy tests and pap smears; testing, medication, and follow up for sexually transmitted infections found during the family-planning exam (does not include HIV/AIDS and hepatitis); counseling and referrals to social services and primary health-care providers; tubal ligation; family-planning pharmacy visits; vitamins/folic acid; and select immunizations for participants ages 19 and 20.

The waiver will expire on Dec. 31, 2013. Post-Viability Abortion Restriction

Georgia's post-viability restriction states that no abortion may be provided after the second trimester unless three physicians certify that it is necessary to preserve the woman's life or health. If the fetus is capable of meaningful or sustained life, medical aid must be rendered. Ga. Code Ann. § 16-12-141(c) (Enacted 1973; Last Amended 2005).

The U.S. Supreme Court previously invalidated an earlier version of Georgia's three-physician requirement, which then applied throughout pregnancy, on the grounds that "the requirement" has no rational connection with a patient's needs and unduly infringes on the physician's right to practice." Doe v. Bolton, 410 U.S. 179, 200 (1973).

In addition, a court has approved a consent order that limits enforcement of Georgia's ban on some procedures, which lacks a health exception and could have outlawed abortion as early as 12 weeks, to post-viability abortion and adds exceptions to protect the woman's life and health. Midtown Hosp. v. Miller, 1:97-CV-1786-JOF (N.D. Ga. Sept. 3, 1998). As written, Georgia's ban is unconstitutional and unenforceable. The ban makes the provision of any abortion procedure that falls within a broad definition of a felony unless necessary to preserve the life of a woman endangered by a physical disorder, physical illness, or physical injury, including a life-endangering condition caused by or arising from the pregnancy itself, and no other medical procedure will suffice. Ga. Cod Ann. § 16-12-144 (Enacted 1997).

NARAL Pro-Choice America supports the legal framework established in Roe v. Wade and does not oppose restrictions on post-viability abortion so long as they contain adequate exceptions to protect the woman's life and health. NARAL Pro-Choice America opposes § 16-12-141 because it is unconstitutional to the extent that it prohibits pre-viability procedures by defining viability at the third trimester of pregnancy. A state may not prohibit abortion prior to viability, which is that point at which a fetus is capable of "meaningful life" outside a woman's body. Roe v. Wade, 410 U.S. 113, 163 (1973). Because viability is a point that varies with each pregnancy, states may not declare that it occurs at a particular gestational age. Colautti v. Franklin, 439 U.S. 379, 388-89 (1979). But some don't believe... What some have said... "The odds that woman will get pregnant from rape is one in millions and millions and millions, because the rape causes a woman to secrete a certain secretion that kills sperm."
-Republican PA Representative Stephen Ford (1988) "Rape victims should take it in stride and try to enjoy - just like when you have a picnic but the plans get changed when there's a huge thunderstorm so you decide to see a movie instead, but the day is still enjoyable."
-Republican TX Gubernatorial Nominee Clayton Williams (1990) "The facts that show that people who are raped - who are truly raped - the juices don't flow, the body functions don't work ad they don't get pregnant. Medical authorities agree that this is a rarity, if ever." -Representative NC Henry Aldridge (1995) "I would hope that when a woman goes to a physician, with a rape issue, that the physician will indeed ask her about perhaps her marriage, was caused by normal relations in a marriage, or was it truly caused by a rape." -Senator ID Chuck Winder (2012) Some Statistics 1/3 of all pregnancies worldwide are unplanned

This calculation does not account for the following factors which could lower the actual number of pregnancies:

Rape, as defined by the NCVS [National Crime Victimization Survey], is forced sexual intercourse. Forced sexual intercourse means vaginal, oral, or anal penetration by offender(s). This category includes incidents where the penetration is from a foreign object(s) such as a bottle. Certain types of rape under this definition cannot cause pregnancy.
Some victims of rape may be utilizing birth control methods, such as the pill, which will prevent pregnancy.
Some rapists may wear condoms in an effort to avoid DNA detection.
Victims of rape may not be able to become pregnant for medical or age-related reasons. Pregnancies Resulting from Rape

In 2004-2005, 64,080 women were raped.
According to medical reports, the incidence of pregnancy for one-time unprotected sexual intercourse is 5%. By applying the pregnancy rate to 64,080 women, RAINN estimates that there were 3,204 pregnancies as a result of rape during that period. This calculation does not account for the following factors which could raise the actual number of pregnancies:

Medical estimates of a 5% pregnancy rate are for one-time, unprotected sexual intercourse. Some victimizations may include multiple incidents of intercourse.
Because of methodology, NCVS does not measure the victimization of Americans age 12 or younger. Rapes of these young people could results in pregnancies not accounted for in RAINN's estimates. 1% of all abortions occur because of rape or incest Women with family incomes less than $15,000 obtain 28.7% of all abortions
Women with family incomes between $15,000 and $29,999 obtain 19.5%
Women with family incomes between $30,000 and $59,999 obtain 38.0%
Women with family incomes over $60,000 obtain 13.8%. While white women obtain 60% of all abortions, their abortion rate is well below that of minority women. Black women are more than 3 times as likely as white women to have an abortion, and Hispanic women are roughly 2 times as likely. 64.4% of all abortions are performed on never-married women
Married women account for 18.4% of all abortions and divorced women obtain 9.4%. Sources RAINN The Center for Bio-Ethical Reform Orlando Women's Center What can I do? "The fact is that women have been trapped. Reproduction is used, consciously or not, as a means to control women, to limit their options and to make them subordinate to men. In many societies a serious approach to reproductive health has to have this perspective in mind. We must seek to liberate women."
Dr. Nafis Sadik (Executive Director, UN Population Fund) Go to DrawTheLine.org and write your own message to President Obama letting him know what you want to see him to do advance reproductive freedom. -Center for Reproductive Pro Life vs Pro Choice? Susan B. Anthony List: dedicatd to electing candidates and pursuing policies thatwill reduce and ultimately end abortion. To that end, the SBA List will emphasize the election, promotion and -mobilization of pro-life women. Planned Parenthood believes every woman should have access to the full range of reproductive health care. Our primary goal is prevention — reducing the number of unintended pregnancies. Planned Parenthood fights these anti-choice efforts on every level. From courthouses to statehouses to Capitol Hill to the grassroots Talk to your Congressman directly Join Organizations SisterSong
SPARK
SisterLove To understand how any society functions you must understand the relationship between the men and the women.
Angela Davis “Reproductive freedom is critical to a whole range of issues. If we can’t take charge of this most personal aspect of our lives, we can’t take care of anything. It should not be seen as a privilege or as a benefit, but a fundamental human right.”
Faye Wattleton (Planned Parenthood President) & Eugenics Movement
&
Roe v. Wade?
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