Showing posts with label personhood. Show all posts
Showing posts with label personhood. Show all posts

Monday, April 4, 2016

The Right Revolution


Across America there’s a revolution going on. Too bad it is not the revolution Bernie Sanders is calling for.

Rather, it is a revolution of the Right, rolling back hard won civil liberties. In state after state, funded by the Koch brothers and their allies, conservative Republicans are undoing progressive legislation, denying citizens unencumbered voting, affordable health care, education opportunities and the right to choose their own reproductive options without intrusions and obstacles.

State house after state house, governor’s mansion after governor’s mansion have turned red, the successful implementation of a strategy to take hold of America at the grass roots level.

Hillary Clinton’s or Sanders’ election as president might well ensure a left of center bent on the Supreme Court. But even a flip of the Senate into Democratic hands would not unshackle residents in many states from regressive laws enacted by state legislatures and signed by doctrinaire conservative governors.

In the last two weeks alone examples abound. In Kansas, perhaps the poster-child state for failed conservative dogma, Gov. Sam Brownback is pushing to recall judges who do not hew to the conservative line of permissible death penalty verdicts, anti-abortion laws and tax cuts that reduce spending on education. In North Carolina, the legislature and governor have usurped the right of local municipalities to adopt laws that bar gender discrimination. This brazen act runs counter to long-held conservative thinking that government is best when it is administered at the lowest level possible so that it reflects the beliefs of the most local populace.

Only a threatened veto by Georgia Gov. Nathan Deal stands in the way of a law passed by conservatives that would permit faith-based groups to deny “social, educational or charitable services” and employment to individuals who “violate” their religious beliefs. 

The battleground of conservatism versus progressivism is in the trenches of state and local elections for governor, state legislators, state judges, local boards of education, and even to town/county clerks who have the authority to issue marriage licenses (FYI, a measure to permit public employees to deny same-sex marriage licenses is expected to be signed into law in Mississippi).

Gov. Rick Scott of Florida signed a law that cut state funding to clinics that perform abortions. Planned Parenthood, already denied funding for abortions, may now have to cut back or curtail programs for birth control, cancer screenings and other services for thousands of low-income women in Florida.

States continue to come up with new obstacles women must overcome if they seek an abortion. In Utah, a new law requires a woman undergoing an abortion at 20 weeks or later of pregnancy to be anesthetized to prevent a fetus from feeling pain during an abortion, a condition most medical professionals believe is not safe for the mother and is irrelevant to the fetus because it does not have any neurological sensation at that stage of development.

We have Donald Trump’s revealing faux pas about a woman’s culpability when having an abortion to illuminate the real threat from anti-abortion activists. They seek to criminalize not only the providers but also the recipients of abortions. Their most potent plan is passage of personhood laws that proclaim life begins at conception and anything that harms a fetus would be grounds for prosecution. Personhood status protections would go beyond fetal homicide laws. 

If, for example, a pregnant woman is not wearing a seat belt while riding in a car, she could be charged with endangering the life of the unborn. Similarly, smoking or drinking while pregnant could be prosecutorial offenses. 

Meanwhile, Republican-controlled states have repeatedly passed restrictions on voter rights. They require voters to show state-issued identification cards, they’ve cut back on early voting times and polling places, and are making voter registration more difficult.

The vortex of social and political change clearly can be found in state capitols. Yet Democrats focus their eyes almost exclusively on the big picture—the presidency and the U.S. Senate. Democrats fail to turn out in sufficient numbers for mid-term congressional elections and for too many state and municipal elections. 

They moan when schoolbooks picked by conservatives deny climate change or equate creationism with evolution. They cry foul when states refuse to extend medical coverage under Obamacare to Medicaid recipients. They rail against restrictions imposed on abortion providers and the stripping of funding for Planned Parenthood.

Ironically, it is Big Business that is mounting the most effective challenge to conservative hegemony. Numerous corporations and executives have warned North Carolina, Georgia and other states about the economic fallout repressive laws could generate. 

The threat of losing the chance to host national sporting events, with the millions of dollars in revenue they generate, appears to be more potent than a BankAmerica expressing its displeasure with North Carolina officials. BankAmerica, after all, most probably would not move its headquarters out of the Tar Heel state. But not getting the Final Four NCAA basketball tournament next year could sway politicians to reverse course.

One need only look at Arizona’s example. Republican governor Jan Brewer last year chose not to sign a bill passed by the GOP legislature that would have allowed business owners citing religious beliefs to refuse service to gay people. She made her decision after the NFL threatened to move the 2016 Super Bowl out of Arizona. 

Relying on Big Business, however, is not a long term solution. Democrats must ignite passion that turns into votes for their progressive platforms at local and state levels. Otherwise, the Right will prevail in creating a sub-country of state and local intolerance and inequality regardless of which party controls Congress or who sits in the Oval Office. 

Saturday, August 8, 2015

Personhood from Womb to Grave

In case you missed it during Thursday’s Republican Party presidential primary debate, the GOP war on women has gone universal. Republicans now want to intrude on all health decisions, regardless of gender. From womb to grave, the GOP wants to be in control of your body and the decisions you make about it.

Republican presidential contenders spouted the usual attacks on Hillary Clinton and Barack Obama. On the Iran nuclear deal. On the need for a stronger military to be sent to combat evil anywhere and everywhere. On the need to lift the burden of overregulation from the economy.

Mostly lost amid the compelling two hour-plus debate on Fox News was a commitment to intrude on the personal health decisions of all Americans. It started off as a routine assault on the right of a woman to end an unwanted pregnancy, even if that pregnancy could kill her. 

Personhood became a new battle standard. And government involvement in medical decisions would include end of life decisions. Jeb Bush proudly hailed the “culture of life” he created while governor of Florida, an allusion not just to his defunding Planned Parenthood but also to his involvement in the Terri Schiavo case. Schiavo was a brain dead woman whose husband sought to have a feeding tube removed. Her parents objected. Bush repeatedly intervened despite decision after decision in state and federal courts. 

“My record is clear,” Bush said during the debate. “My record as a pro-life governor is not in dispute. I am completely pro-life and I believe that we should have a culture of life, it’s informed by my faith from beginning to end. And I did this not just as it related to unborn babies, I did it at the end-of-life issues as well. This is something that goes way beyond politics. And I hope one day that we get to the point where we respect life, in its fullest form, across the board.”

One can imagine if he were president federal laws barring the removal of life sustaining methods. Anyone assisting in an abortion, even if it would save the life of a pregnant woman, could be prosecuted—doctors and nurses, as well as the woman and any family members who agreed with her decision to end the personhood of the fetus. 

Granting the status of personhood to a fetus could significantly change judicial views on pregnancy and abortion. And possibly miscarriages or actions that could be harmful to the unborn. Former Arkansas governor Mike Huckabee championed personhood during the debate. 

In answering a question on passing a constitutional amendment barring abortions, he said, “I disagree with the idea that the real issue is a constitutional amendment. That’s a long and difficult process. I’ve actually taken the position that’s bolder than that.

“A lot of people are talking about defunding Planned Parenthood, as if that’s a huge game changer. I think it’s time to do something even more bold. I think the next president ought to invoke the Fifth and Fourteenth Amendments to the Constitution now that we clearly know that that baby inside the mother’s womb is a person at the moment of conception.

“The reason we know that it is is because of the DNA schedule that we now have clear scientific evidence on. And, this notion that we just continue to ignore the personhood of the individual is a violation of that unborn child’s Fifth and 14th Amendment rights for due process and equal protection under the law.

“It’s time that we recognize the Supreme Court is not the supreme being, and we change the policy to be pro-life and protect children instead of rip up their body parts and sell them like they’re parts to a Buick.”

It is accepted medical wisdom that smoking or drinking alcohol while pregnant is harmful to a fetus. Does that mean Huckabee would prosecute a pregnant woman who smoked or drank a beer for endangering the life of a minor? Since second hand smoke is said to be toxic, would Huckabee also prosecute anyone who smoked near a pregnant woman? If a car accident causes a woman to miscarry, would the driver of the car that caused the accident be charged with involuntary manslaughter? If the pregnant woman wasn’t wearing a seat belt could she also be culpable? 

Legal scholars also are divided as to the potential ramifications of personhood on inheritance claims. Or if fetuses should be counted in censuses. In their all-out assault on a woman’s right to choose, Republicans are advancing on very mushy terrain.


Take Back That Compliment: Like many observers I was impressed by the quality of the questions asked by the Fox News panel. They exposed many of the warts each candidate tries to hide.

However, I was disappointed Brett Baier, Megyn Kelly and Chris Wallace too often permitted the candidates to talk around their questions and not respond to direct requests for specifics. Ah well, I guess we should be content with half a loaf.

If I was disappointed in the moderators I was downright infuriated by corporate Fox News and its blatant attempt to control the transcript record of the debate, thereby whitewashing Jeb Bush’s association with a Bloomberg charity that provided funding for Planned Parenthood. I remember hearing his exchange with Megyn Kelly, but I couldn’t find it in the official transcript released by Fox as printed by The Washington Post and Time on their Web sites. 

It was only after I googled crooksandliars.com that the relevant colloquy appeared. For shame, Fox News, for trying to cover up what some conservatives might think was a Bush transgression. Of course, one must remember that Roger Ailes, head of Fox News, has been a long-time Bush family friend and advisor.