The Salerno standard: A menace to abortion rights

Never heard of the Salerno standard? It just might be at the center of the most important abortion-related court struggle this decade.

The Supreme Court will definitely be hearing a parental notification law abortion case from New Hampshire, and there’s a partial-birth case from Virginia that some folks are speculating the Court might hear as well. But as All Deliberate Speed, Fantasy Life and SCOTUSblog point out, it’s possible that’s what’s really at stake here isn’t parental notification or partial-birth abortion laws as such. It may be more important to look at the relatively obscure – but crucial – issue of if “facial challenges” can be legally made against the Constitutionality of abortion laws.

From SCOTUSblog:

Here is a key passage from [the Supreme Court’s United States vs. Salerno decision]: “A facial challenge to a legislative act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the act would be valid. The fact that [a law] might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid…”

But, in the abortion context, state laws have been rendered “wholly invalid” by facial challenges not applying the Salerno standard. Instead, they have applied what is known as the “undue burden” test.

The undue burden standard, first recognized by a Court majority in the celebrated 1992 decision in Planned Parenthood of Southeastern Pennsylvania v. Casey, provides that an abortion law will be struck down if it imposes an undue burden on the right to abortion of a significant number of women ““ even if it is possible to cite some situations in which the statute could be validly applied.

In the worse case scenario, the Court could conceivably decide to apply the Salerno standard to abortion laws. What would happen then? Well, in the Virginia case, “Virginia argued that the plaintiff should not be permitted to challenge the statute on its face. That is, Virginia argued that the statute could not be challenged until a woman came along with a health need for this kind of abortion.” (Quote from Lawyers, Guns and Money.) In other words, if the “undue burden standard” is replaced by the Salerno standard, there’d be no way to ask a court to examine if an anti-abortion law is unconstitutional until after a woman who wants an abortion has been denied it.

And even if one lawsuit is successful in overturning the law “as applied” to the particular person who sued, the law could still apply to other women in other circumstances – meaning all those women would have to sue individually if they think the law is unconstitutionally being applied to them. The net effect could be to make it much harder for pro-choice activists to get Courts to consider whether or not new abortion-related laws are Constitutional.

If pro-life activists can succeed in getting the Supreme Court to apply the Salerno standard to abortion cases, that would be a huge victory for them – a much more significant victory than either parental notification or a partial birth abortion ban. The good news is, I doubt they will succeed, so long as the case is heard before O’Connor leaves the Court; O’Connor might not be eager to see the “undue burden” standard, which is pretty much her invention, trashed.

(Link to SCOTUSblog via Lauren at Feministe).

Posted in Abortion & reproductive rights | 2 Comments

Amanda is on Men's Rights Radio Today!

Amanda of Pandagon (who is also a frequent poster on “Alas”) will be appearing on Glenn Sacks’ radio show today. (Glenn has been mentioned on “Alas” a few times in the past).

As you might recall, Glenn’s show, “His Side,” is men’s rights activist central, so if anyone’s free from 5pm to 6pm pacific time (8pm to 9pm eastern) today, I’m sure Amanda would appreciate feminists calling in to give her some support while she’s in “enemy territory.”

You can listen to the show live on the web here, where you’ll also find instructions for calling in.

And even if you can’t call in, join me in sending “good luck vibes” Amanda’s way today!

Posted in Whatever | 373 Comments

New to the blogroll

Two (relatively) new feminist blogs for y’all to check out:

Znetter Lucinda Marshall is doing some kickass radical feminist blogging (and pissing off a lot of Z Magazine’s regular readers). Very cool.

And if you’re jonesing for a fix of Brit feminist, the F-Word, long one of my favorite feminist sites, has started a blog – also kickass but from a more liberal-feminist perspective.

Posted in Link farms | 2 Comments

Biphobia in the GLBT community from a bi man's point of view

I’m an out bi man. I’m often mistaken on blogs for a gay man, because I talk about LGBT rights issues from the standpoint of someone who’s affected by them, and I have a man’s name. The idea that I might be something else is not considered. The ‘B’ and ‘T’ in LGBT is often silent or taken for granted, and from my perspective as a bisexual, we often get discriminated with in the midst of what’s supposed to be our community.

Bisexuals are threatening, both to heterosexuals and homosexuals. Sarah In Chicago writes that some biphobia in the LGBT community might come from a fear that bisexuals will be used as evidence that gay people can ‘change’. Mythago makes the comment that the lesbian communities’ biphobia is responsible for so many bi women winding up with men.

I personally have experienced curses and insults from within fellow marchers at a pride parade, calling me a slut, a fake fag, and a ‘try-sexual’. We also frequently got ignored or shunted to the side in public debates, and some times in events. I’ve been told that bi people don’t really exist, that it’s just a fad, that I’m really one orientation or another, and that I absolutley must make up my mind one day if I’m straight or gay because my partner will leave me if I don’t.

I’ve also had to deal with the inevitable bisexual/polyamory link. There’s the fear that bisexuals might push for polyamorous marriages to be legal, and that would hurt the same sex marriage movement I’m not sure if that’s biphoba or polyphobia. I know I’m guilty of it whatever it is. I’ve avoided speaking up for multipartner relationships in order to keep the conversation on track about same sex marriages. I always feel a bit like I’m betraying something when I do that, especially considering I’m polyamorous.

As bad as this makes it sound, it’s not all that bad. It’s subtle and small, like if I go into a gay coffee shop with a female and snuggle in, I get sneered at, if I go in with a man, no one notices, but if I go in with a woman, I’ve gotten asked to ‘stop the display’ when we weren’t doing anything I hadn’t done with one gender or the other. PDAs with both genders at the same time get an even worse reception :-)

Posted in Lesbian, Gay, Bi, Trans and Queer issues | 141 Comments

Links by the bushel!

  • Bitch, PhD discusses white privilege and the denial of racism.
  • Echidne reports that when Governor Arnold recently made a big deal of personally filling a pot hole, the hole he filled had been created by city workers only that morning.
  • This post at Did You Know, about an everyday encounter with racism, made Trish’s day, and then it made my day, too. Trust me, go read it.
  • Amanda is bugged by this article at Salon about asexuals. I tend towards asexuality myself, and everything Amanda said is correct; yet someone I wasn’t as annoyed as Amanda was. Go figure.
  • “The producers of TV’s Desperate Housewives have reportedly spent thousands of dollars digitally removing the nipples from on-screen images of actresses Teri Hatcher and Nicolette Sheridan.” Echidne has some comments.
  • New on the Blogroll: The Walloper totally rocks. Lots of very smart arguments there, both feminist and progressive. Go check it out.
  • Both The Walloper and Shelzebub at XX comment further on NARAL’s endorsement of Lincoln Chafee.
  • LAmom calls, rightly, for more pregnancy equality. “Pregnancy is not a disease. Pregnancy is a normal human state. Any setting that accommodates people should be able to accommodate pregnant people and their needs.”
  • Hey, you’ve heard of Billy Murray, right? No, not that one – Billy Murray the singer. This web page has a great collection of old 78rpm popular songs recorded in the early 20th century, some of which are great.
  • Dykes2WatchOut4 quotes an interesting editorial by Cameron Lee arguing that “lesbians as lesbians have virtually no role in public culture.” I wonder if the author isn’t exaggerating how good gay men have it, but nonetheless she makes some good points. Thanks to “Alas” reader Josh for the tip.
  • Live Flower Cam! Yes, that’s right – the University of Wisconsin has a live cam of a flower, in case you find watching vegetation not visibly move entertaining. But actually, it’s a pretty neat flower – for one thing, if it manages to grow another seven inches (currently it’s eight foot four inches tall), it’ll set a new world’s record. The flower, called a titan arums or “corpse flower,” apparently has a terrible smell – hence the name? – which is one reason to prefer watching it bloom via the web, I suppose. It’ll probably bloom in the next week or so. Via Althouse.
  • The Sideshow asks why Tom Friedman – like so many globalization advocates – is positively drooling at the prospect of longer work hours for lower wages in Europe. What’s it called when you hope other people suffer just to prove you intellectually correct? Oh, now I remember – being an asshole, that’s what it’s called.
  • Penis Closes Florida Highway, Causes Terror Alert. (Hey, wow, I guess they really are that powerful!)
Posted in Link farms | 8 Comments

So why can't we feminists "play nice" with the boys?

Well after reading through this post by Becky over at Archaeopteryx (a fellow Hoosier feminist–yes we do exist), I can see why women and girls can’t “play nice” with certain men and boys, who have certain preconceived notions about a woman’s place and role within society (ie: conservative anti-feminist men). Remember the whole civility nonsense? Hard to play by someone else’s rules, especially when they put you at a disadvantage in a debate or in the public arena. Becky brilliantly–in a snarky fashion of course–criticizes this Men’s News Daily post, which is just your typical misogynist diatribe against women and girls having equal rights and opportunities. It’s loaded with all the stereotypical and laughable misconceptions about feminism and blaming it for everything that has gone wrong in society of course, with a little of uber-conservativism’s hyper-phobia of Marxist propaganda run amok in social politics thrown in for some more fun.

Why can’t feminists just play nice?

We all know that presumptuous little girls taking advantage of our free education are taking away from little boys’ opportunities to learn. This is an outrage!! Women shouldn’t be allowed to go to school because it is men who build the schools. If you don’t help build it, you can’t go.

That was Becky and her lovely sarcasm. Now here’s Mike if MND (his words will be in italics and quotations).

Mike Spaniola (MND):

Although innovative and honest, the majority of men are nonetheless insulted by a political climate that holds men responsible for inferiorities contrived as impossibly unique to anyone else. Boys in school learn at the expense of the girls, we are told. But it is boys who have worked in the garages of America in their spare time to develop better cars and engines and, most recently, computers and software. How is society served then, when feminist teachers tell boys not to “monopolize” school computers so that girls can sit at the screen and gossip electronically? How will promising “boys of tech” hone developing computer skills? For having been industrious, men are now portrayed as shiftless; for having been innovative, men are shown as domineering; for having been sensitive and honest, men are now manipulated and degraded.”

So,…because women were socially and legally prevented from taking part in much of the innovation, they should now be restricted from enjoying the luxuries that resulted from them. Okay, I get it. Women were not allowed to help draft the Constitution, so they are not covered by the laws therein. Men went through all the pain and suffering of building the schools, so only boys should be allowed to attend. I see.

Criticism of men comes easily when viewed by what you want rather than by what you must provide. For example, would women clamor for gold and diamonds if they had to dig and operate mines themselves? If men were to go on strike, infrastructure would suffer within a week, and imagine teen-age girls despairing as malls no longer received shipments of clothing, shoes and baubles. When Madonna sang the virtues of being a Material Girl, she forgot which gender accommodates that lifestyle most.

Oh, Jesus. Does this even deserve commentary?

No, it doesn’t. The basis behind that wailing against equal rights and opportunities for women and girls is just beyond ludicrous and illogical…and stupid. The hysterical boogeywoman myths and willful, very much cliched misconceptions of feminism (all in a pathetic attempt to discredit women’s rights period) Mike uses in his “argument” against equal rights and opportunities for women and girls, makes this MND post all the more ridiculous. But I wasn’t expecting much anyway.

Posted in Anti-feminists and their pals, Feminism, sexism, etc | 85 Comments

A Common Cause

When one takes a look at the real liberal and progressive agenda (not the current Democratic Party’s agenda, as they are trying to pitifully mimic the Republicans and sell out their voting base they claim to represent) the focal point is civil rights and liberties. There are numerous issues compromising of civil rights such as racial civil rights, women’s rights, reproductive rights, freedom of religion and freedom from religious tyranny, LGBTQ civil rights, etc. It would be difficult to say you’re for civil rights or you’re a liberal or progressive but you ignore one or more of these issues or group(s) of people who are usually at a political disadvantage at the same time (ie: the current Democratic Party). As being a civil rights/liberties activist (or a liberal or progressive) creates the impression that you’re for the rights and liberties of everyone and not just for some, or when fighting for civil rights/liberties is convenient for you (ie: once again, the current Democratic Party who are all about convenience these days).

A little over a year ago, the March for Women’s Lives in Washington D.C. was one of the largest women’s reproductive rights demonstration ever. But pro-choice activists, celebrities, and notable feminists such as Gloria Steinem weren’t the only ones in attendance, as there were several activists of other civil rights groups marching along side them. Activist groups from the LGBTQ Community were also demonstrating for another common cause, apart of the idea of civil rights for all.

Along with the seven pro-choice organizing groups (PPFA, American Civil Liberties Union, Black Women’s Health Imperative, Feminist Majority, NARAL Pro-Choice America, National Latina Institute for Reproductive Health, and National Organization for Women), more than a dozen LGBTQ (lesbian, gay, bisexual, transgender, questioning) rights organizations joined the hundreds of other organizations that cosponsored the march. They included the Empire State Pride Agenda, the Family Pride Coalition, Gender PAC, Lambda Legal Defense & Education Fund, and the National Gay & Lesbian Task Force.

Pro-Choice and LGBTQ: A Clear Connection

The reproductive rights movement may not always have embraced the needs of sexual minorities, but it certainly does today. A belief in issues like comprehensive sex education, reproductive health care, personal freedom, privacy, the right to have non-procreative sex, and sexual autonomy form a strong bond between activists in both movements.

In March, this connection made the news when Joe Solomonese, former CEO of the pro-choice advocacy organization Emily’s List, was elected president of the Human Rights Campaign, the country’s largest political LGBTQ rights organization.

The LGBTQ community was also out in force at marches held locally and on college campuses in conjunction with the March for Women’s Lives.

“Essentially, both the choice and LGBTQ movements strive to promote civil rights,” says Kate Killingsworth,…[…]

Shulman, who has worked as a program associate at the Empire State Pride Agenda, says it’s important to be active in both communities. “There are so many reasons that the pro-choice and LGBTQ movements should be working together,” she says. “We’ll get farther in our struggles if we acknowledge our commonalities and understand that there will be times that we agree to disagree.”

Resistance and Change

Shulman also says that she has encountered some resistance to including reproductive rights issues in an LGBTQ rights platform, and vice versa.

Killingsworth says the same, noting that these types of differences have always existed within the progressive movement. “For example,” she says, “the women’s suffrage movement did not embrace women of color, and the choice movement of 1970s America didn’t embrace lesbians.”

Divided we fall….

Christian Burgess, a Planned Parenthood volunteer and social worker in New York City, says, progressives “can be so divided, only focusing on causes with which individuals feel directly connected, rather than joining together and recognizing the links between all justice movements.”

Or completely ignore progressive issues period like the current Democratic Party. Whoops–did I say that out loud–again?!

Burgess says, for the most part, people accept both his pro-choice and gay identities, but he occasionally encounters comments like, “What do you care about reproductive rights? You’ll never have children.” And gay men, he says, can often be indifferent to pro-choice issues.

Personally, I have found that some guys my age, both hetero or Gay/Bi/Trans, can be indifferent to the reproductive rights issues because well, they think that since they’re guys they have nothing to worry about. Of course that’s just from my personal experience and not a citation from large professional research.

But those attitudes are changing. Pro-choice groups like Planned Parenthood, Choice USA, NARAL Pro-Choice America, and the National Organization for Women have publicly demonstrated their support of LGBTQ rights.

In July 2004, PPFA issued a statement applauding the U.S. Senate’s rejection of the Federal Marriage Amendment, which would have rewritten the Constitution to define marriage as being between a man and a woman. “Planned Parenthood opposes any attempt to use a constitutional amendment to circumvent or weaken the Supreme Court decisions that guarantee fundamental privacy rights and equal protection under the law,” the statement said.

And Choice USA, a youth-centered national pro-choice organization, recently issued a fact sheet focusing on the connection between the two movements.

The document, entitled “Crossing the Lines: Reproductive Rights as a Queer Issue,” notes, “The oppressions of women and LGBTQ people are all based on patriarchal and religious fundamentalist attempts to control bodies and expressions of gender and sexuality that are considered nontraditional.”

We’ve always known this so why has it taken so long for some people to realize that activists for women’s civil rights, Queer civil rights, and reproductive rights all struggle against the same kind of prejudice and bigoted social constructions promulgated by the same opposing ideological group?

The fact sheet goes on to stress the importance of access to contraception and other health care, comprehensive sex education, equitable marriage laws, and parental rights.

[…]

Its policy paper notes that unintended pregnancies and the desire for family are both part of the LGBTQ experience, explaining why anti-choice policies are just as harmful to LGBTQ people as they are to the straight community.

Other shared reasons for concern across both movements are clear. For example, the federal government has sunk hundreds of millions of dollars into abstinence-only sex education programs, which advocate abstinence until marriage as the only way to reduce the risk of pregnancy and sexually transmitted infections.

These programs omit any discussion of condoms and other methods of birth control and fail to address the risk of HIV infection. They are not only sexist but openly hostile to LGBTQ kids, who do not have the option of legally marrying.

And believe that therapy will cure “the Gayness” in young people and adults. Or just make them hate themselves even more.

[…] “It comes down to this,” says Killingsworth. “No one has the right to tell me what I can do with my body or with my life, and with whom I choose to share them.”

Activism for civil rights/liberties or the liberal and progress agenda should not divide us who claim to represent and fight for it, rather unite us as civil rights and liberties are for everyone, and everyone has a right to participate within the movement for the cause. Unless preserving and promoting civil rights and liberties are too inconvenient for some people like the current Democratic Party. Yeah, I said it again.

Posted in Abortion & reproductive rights, Elections and politics, Feminism, sexism, etc, Lesbian, Gay, Bi, Trans and Queer issues | 2 Comments

Help me fix the big gap above the tables!

I was looking at these two posts about prostate cancer vs. breast cancer from early 2003 – here and here – and noticing a huge gap that appears above the tables in both of them. This has been a problem I’ve had before, when posting tables on “Alas.” If anyone knows of a solution to the problem, could you please do me a favor and post it in the comments? Thanks.

Posted in Whatever | 4 Comments

Speaking of NARAL Pro-Choice America…

…I received my usual ‘take action alert’ email from them today, however this one was a bit entertaining given the political climate in this country and the state of women’s reproductive rights. It parodies the growing threat of Dubya appointing an uber-c0nservative, vehemently anti-choice/anti-contraceptives ideologue to the Supreme Court, with an interesting ‘help wanted ad’ and a humorous list of possible nominees for the job of Supreme Court justice.

Bush’s current applicants to the Supreme Court are: a Scalia clone. A judge who failed to earn a “qualified” rating by a state bar commission – TWICE. And a judge who upheld an abortion ban that was later found unconstitutional by the Supreme Court…

Yes indeed, President Bush has been working REALLY hard to gather applications for this job, and frankly, we think he needs a break! So here’s your chance to help Bush for once…

Pick the Supreme Court applicant YOU think is best in line with the strict qualifications and legal expertise of president’s current short-list:

Cartman from South Park
“Respect my authoritay!”

Paris Hilton
“The constitution? That’s HOT.”

Darth Vader
“I already have the black robe.”

The Cast of the O.C.
“Upping the Supreme Court’s ratings with a little beach drama”

Wonkette
(Would be novel to see someone on the Supreme Court who’s as obsessed with people’s sex lives as Scalia. We call a Lawrence v. Texas rematch!)

And yes, I just had to pick my favorite ‘choking-everyone-who-irritates-him’ villain, Darth Vader. So who should get the job from this “wonderful” list of nominees?

Posted in Abortion & reproductive rights, Conservative zaniness, right-wingers, etc., Elections and politics | 15 Comments

Fat Acceptance Healthier than Dieting

Via Big Fat Blog, a news article about a clinical study (to appear in this month’s Journal of the American Dietetic Association) that directly compares a Health at Every Size (HAES) approach to a Weight Loss Diet approach. I don’t know if this is the first study of this type conducted, but it’s the first one I’ve seen reported on.

Disclaimers: The sample size is pretty small, and the study isn’ t as long as I’d prefer it to be (I think 5 year outcomes are more meaningful than two year outcomes). Nonetheless, the results are striking – and pretty much exactly what Health at Every Size advocates would have predicted.

The UC Davis study was developed to scientifically examine the effectiveness of the Health at Every Size approach compared with traditional dieting. The study started off with 78 female participants ranging in age from 30 to 45 years old. Half were assigned to a dieting group and half to a non-dieting Health at Every Size group.

Members of the dieting group were told to moderately restrict their food consumption, maintain food diaries and monitor their weight. They were provided with information on the benefits of exercise, on behavioral strategies for successful dieting, and on how to count calories and fat content, read food labels and shop for appropriate foods.

Participants in the non-dieting group were instructed to let go of restrictive eating habits associated with dieting. Instead they were counseled to pay close attention to internal body cues indicating when they were truly hungry or full, and to how the food made them feel. They also received standard nutritional information to help them choose healthful foods, and participated in a support group designed to help them better understand how culture influences the experience of obese people and to become more accepting of their larger bodies. In addition, they were encouraged to identify and deal with barriers, including negative self-image, which might get in the way of enjoying physical activity. […]

Study results:

Almost all (92 percent) of the non-dieting group stayed in the study throughout the treatment period, while almost half (42 percent) of the dieters dropped out before finishing treatments. This reinforces another message of the research — that in the long run, people are much more likely to stick with a non-diet than a diet.

When the researchers tallied the results from the participants who completed the study, they found that:

  • The non-dieters maintained their same weight throughout the study. The dieting group lost 5.2 percent of their initial weight by the end of the 24-week treatment period, but regained almost all of it by the end of the two-year study.
  • The non-dieters showed an initial increase in their total cholesterol levels, but this significantly decreased by the end of the study, as did their levels of LDL cholesterol or “bad” cholesterol. The dieters showed no significant change in total or LDL cholesterol levels at any time.
  • Both groups significantly lowered their systolic blood pressure during the first 52 weeks of the study. By the end of the study at 104 weeks, however, the non-dieters had sustained this improvement, while the diet group had not.
  • By the end of the two-year study, the non-dieters had almost quadrupled their moderate physical activity. The dieting group had a significant increase in physical activity right after the treatment period ended but had slipped back to their initial levels by the end of the study.
  • The non-dieters demonstrated significant improvements in self-esteem and depression at the end the study, while the diet group demonstrated a worsening in self-esteem. The dieters’ depression levels initially improved but then returned to baseline.

In summary, while the non-dieters did not lose weight, they succeeded in improving their overall health, as measured by cholesterol levels, blood pressure, physical activity and self-esteem. The dieters, on the other hand, were not able to sustain any of the short-term improvements they experienced and worsened in terms of their self-esteem.

My guess is that this study won’t get much play in the media, but hopefully it’ll lead to future clinical trials of this sort.

Posted in Fat, fat and more fat | 17 Comments