Hours ago, the Republican Party’s presumptive presidential nominee Donald Trump confirmed weeks of political gossip with his announcement that he had chosen Indiana Governor Mike Pence as his general election running-mate.
I’ve already written at length about why Donald Trump’s fear-mongering and race-baiting has exacerbated this country’s hostility towards people of colour, and how his rhetoric will ultimately prove damaging for the Republican Party. In the meanwhile, however, people of colour will have to find a way to survive a general election that has popularized derogatory and racist remarks — and open assault — towards non-White people. Today’s decision is by Trump is only more bad news, particularly for AAPI immigrants, women and LGBT individuals and other immigrants, LGBT folks, and other women of colour.
Today, the Supreme Court handed down another major decision. After they voted last week to protect affirmative action (yay!), but then were deadlocked on DACA and DAPA effectively killing the Obama Administration’s sweeping relief for undocumented immigrants (boo!), I wasn’t sure if I could take any more important SCOTUS decisions. Thankfully, the weekend offered a brief reprieve before today, when Justice Stephen Breyer announced the 5-3 majority opinion in Whole Woman’s Health v. Texas wherein the Court sided with reproductive health providers against the “undue burden” placed upon them by Texas legislators.
In the historic Roe v. Wade decision that first legalized abortion as a constitutionally-protected right, Supreme Court justices ruled that “abortion . . . is performed under circumstances that insure maximum safety for the patient.” However, in Planned Parenthood v. Casey, the majority of Supreme Court justices also established that “unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right [to access abortion procedures].” In Whole Woman’s Health v. Texas, the Supreme Court was challenged to decide whether newly passed regulations on the Texas’ abortion clinics — requiring that clinics have extra-wide hallways and that abortion providers have admitting privileges at local hospitals — posed an undue burden that unconstitutionally compromised abortion access for Texas’ women.
The regulations were passed in Texas as part of a concerted national effort by conservative anti-abortion activists and legislators to eliminate abortion access by enacting state-level Targeted Regulation of Abortion Providers (TRAP) laws. In essence, the anti-abortion movement seeks to disenfranchise women by enacting laws state-by-state that make the constitutional right to access abortion procedures so practically tedious as to be essentially inaccessible for the vast majority of women.
TRAP laws have been highly effective in limiting abortion access. Since 2010, the number of state-level anti-abortion laws passed each year as more than tripled. In that same span, 1 in 10 abortion clinics have been forced to shutter their doors leaving at least five states with only a single clinic to serve the entire state’s population.
43 years ago today, the Supreme Court handed down a landmark decision that would serve as an important foundation principle for the establishment of reproductive rights for women. In a 7-2 decision, the Justices ruled that the government had no right to interfere with a woman’s decision to seek (or not seek) an abortion for non-medical reasons; this choice, they declared, was protected by our constitutional right to privacy.
Since then, Roe v. Wade has had an incredible impact on women, enabling an unprecedented social, political and economic mobility for women in general.
Earlier this year, I named the National Asian Pacific American Women’s Forum (NAPAWF) one of my Giving Tuesday Top 5 organizations for their tireless advocacy around racial justice and women’s rights. NAPAWF has been at the forefront of many key issues relevant to the the AANHPI community, chief among them reproductive rights. For years, NAPAWF has engaged in a state-by-state fight to protect our reprodictive rights (which is of particular importance for the AANHPI community) in part by challenging conservative efforts to rollback abortion access with overtly race-baiting bans on abortions if doctors find that the procedure is sought for reasons such as fetal sex. Despite the lack of any evidence that women are seeking such abortions in any significant numbers, these restrictions are passed on the basis of stereotyping of Black, Asian and immigrant parents as immoral and sexist. Further, these racist laws have received scant commentary or criticism from mainstream media or center-aisle Democrats.
Two years ago, NAPAWF joined forces with the National Association for the Advancement of Colored People (NAACP) and lawyers from the American Civil Liberties Union (ACLU) to file a lawsuit challenging one particularly vile and racist abortion ban in Arizona, which is noteworthy for its unusually explicit fear-mongering of Black and Asian women during debate that preceded passage of this as the first bill to ban race-selective abortion in addition to sex-selective abortion.
Women need, and deserve, unfettered access to high quality healthcare, including preventative, contraceptive and pre-natal care. This is not just a matter of constitutionality and equal rights, but also of basic morality. Women do not deserve to be penalized — medically, economically, or legally — for our womanhood. Yet, efforts to defund one of the nation’s largest healthcare providers of affordable healthcare services for women, as well as men, does just that.
Since 2001, Reappropriate has been the web's foremost Asian American activism, identity, feminism, and pop culture blog!