Origins of the Anti-Abortion Movement

As you may have noticed, abortion has been in the news lately. On Wednesday December 1, the Supreme Court heard arguments in Jackson v. Whole Women’s Health, a case challenging Mississippi’s fifteen week abortion ban, and which the Supreme Court will (probably) use to overturn Roe v. Wade, or at least gut the right to abortion such that Roe v. Wade is practically overturned. If you, like me, spent anytime on twitter or talking to people about this case, you likely saw blame being placed on a variety of justices and elected officials, none of which I will go into here, because a lot of the analysis is incomplete. Over and over this week, I found myself in the middle of a mini-lecture on the history of the anti-abortion movement. I’d come to in the middle of a sentence about Justice David Souter, with no recollection of how I got there. Sort of like an abortion rights Manchurian Candidate, except instead of Solitaire, my programming was activated by tweets.

And because I was being activated by tweets, I wrote a long tweet thread about the history of the anti-abortion movement. And then I deleted it because I’m skeptical that anyone reads past the first tweet in a tweet thread, and I remembered that I pay hosting fees for this blog and I should just put my thoughts here. Please picture the following delivered in a monotone, with my eyes staring at a fixed point. If you need a reference, you can watch The Manchurian Candidate. Also if you do, let me know because I watched several John Frankenheimer movies this year and each one blew my mind but my friends are getting bored of hearing about them and I need new people to rave to.

Since I do not yet have the credentials to turn this into a classic movie blog, we will turn now to the subject of our article, the development anti-abortion movement. The rise of the religious right, and the organized opposition to abortion goes back to the 1970s, and was inspired by a Supreme Court decision. It's just that the decision was not Roe v. Wade. When Roe was decided in 1973, it was an uncontroversial case. The decision was 7-2, and it was written by Justice Harry Blackmun, who was appointed to the court by President Richard Nixon. When President Gerald Ford (a Republican) appointed Justice John Paul Stevens to the court in 1975, he did not face a single question about abortion.

The case that inspired evangelical Christians to jump into politics was Green v. Kennedy, a tax case decided in 1970 but the origins of that case go all the way back to Brown v. Board of Education, the 1954 case that held that segregation in public schools was unconstitutional. After Brown v. Board, many white parents pulled their children out of public school and decided to send them to private schools, which were still allowed to be segregated. The results were dramatic. One county in Mississippi went from 771 white students in public school the year before the schools were integrated, to 28 students after the schools were integrated. Two years in, there were no white students in Holmes County, Mississippi public schools.

These private schools, known as "segregation academies" were able to stay afloat because they had tax-exempt status. Black parents from Holmes County sued, arguing that an institution with discriminatory policies could not be considered a charitable institution. The Supreme Court, and President Nixon, agreed. The Court denied new segregation academies tax exempt status until further review, and President Nixon ordered the IRS to deny tax exemptions to any segregated school. This meant the schools would have to pay taxes on any money (tuition) they made and any donations to the schools could not be claimed as a charitable donation.

And here comes a familiar character to anyone who is familiar with the religious right. Jerry Falwell, an evangelical church leader in Virginia who also operated a segregation academy known then as Lynchburg Christian Academy (today known as Liberty Christian Academy, the K-12 school associated with Liberty University). Falwell had publicly opposed civil rights but was not part of an organized movement until he was approached by Paul Weyrich, a conservative political strategist looking to harness the power of the evangelical vote. Never mind that it had been Nixon who had ordered the IRS to deny tax-exempt status to schools, Weyrich (who cofounded the Heritage Foundation) was ready to mobilize religious leaders and their congregations against Democrats and he finally had enough frustrated religious leaders to do it.

But while the leaders of evangelical churches were motivated by the state's refusal to financially support race discrimination, Weyrich knew that would not be enough to inspire people to show up to vote. In 1979, Weyrich pivoted to a strategy opposing abortion.

Today, you can generally assume that Republicans oppose abortion and Democrats support it, but that was not always true. A 1972 poll found that only 59% of Democrats supported abortion, while 68% of Republicans did. Even more surprising, 56% of Catholics in 1972 supported a person's right to obtain an abortion if they chose. Most evangelicals did not give abortion a second thought in 1960s and 1970s, the large minority of Catholics who opposed abortion made it a Catholic issue.

Not so after the midterm elections of 1978 and the election of Ronald Reagan in 1980. With President Reagan, evangelicals felt that they finally had a representative in the Oval Office. Never mind that President Jimmy Carter was actually an evangelical Christian while President Reagan was a Presbyterian, and our first divorced President. As governor of California, Reagan had actually signed a law that legalized abortion. But by the time he was campaigning for president, Reagan was vocally anti-abortion and pledged to only appoint Supreme Court justices who were also anti-abortion.

President Reagan was helped on this front by the Federalist Society. The Federalist Society started in 1982 as groups of conservative law students who wanted to bring conservative speakers to law schools. As the society expanded and the people who founded it became more influential in the law, members of the Federalist Society began to use their influence to put conservative lawyers into positions of power.

Prior to the 2000s, Supreme Court appointees were a gamble for presidents. A president would select a highly-intelligent lawyer or a respected judge who he believed shared his ideology, but have no control over what that judge did once they arrived to the court. President Eisenhower, when asked if he made any mistakes in his presidency said “I have made two mistakes, and they are both sitting on the Supreme Court.” President Eisenhower was referring to Chief Justice Earl Warren and Justice William Brennan. Chief Justice Warren presided over a court that ensured the greatest expansion of individual rights in American history, and Justice Brennan is one of the most progressive justices to ever sit on the court.

Eisenhower wasn’t the only one who made a mistake. Reagan, who pledged to appoint only anti-abortion justices appointed Justice Sandra Day O’Connor and Justice Kennedy, both of whom were instrumental in upholding the right to abortion in Planned Parenthood v. Casey. And President George H.W. Bush appointed Justice Souter to the court, who also went on to vote in support of abortion rights, and in favor of Gore in Bush v. Gore, the case that ultimately decided the 2000 election. Which was the final straw for conservatives, who started to demand better vetting of Supreme Court nominees in the hopes that there would be “no more Souters.

The six conservative justices currently on the court all have ties to the Federalist Society, and the group’s influence only increased during the Trump administration. Like everything in our country, the Supreme Court has become far more partisan, meaning that the outcomes of big, ideological cases are far more predictable. And not just in this term, but probably for terms to come. There’s always the possibility that one of the newest justices could become less conservative the more time they spend on the court, but because of the intense vetting the Federalist Society puts their picks through, it’s doubtful.

You may be asking yourself, why does any of this matter? Who cares how we got here, the important thing is we’re here and we need to respond. I think it matters for two reasons, one that’s important if you do not really care about abortion but care about other progressive causes (which, if you made it this far, I genuinely thank you for your attention) and one that matters if you really care about abortion.

If you do not care about abortion, the success that the religious right, Federalist Society, and conservative legal movement had in demolishing Roe should still worry you because of why the religious right got started. The religious right started because of white supremacy and anti-Black racism. And nothing evangelicals have done has signaled that they have changed their tune on racial justice. If anyone believes they are going to stop once they got rid of abortion, they are in for a surprise. Because now that Roe is on shakier ground than ever, lawyers have already turned their attention to laws that protect Indigenous people, in the hopes of beginning to chip away at civil rights laws. And the religious right has long opposed gay rights, supported increasing religion in American life, and opposed pornography, so just about everyone has some reason to be worried.

If you do care about abortion and you’re energized and looking for ways to respond to this latest assault on Roe, I believe that the religious right’s playbook on abortion can offer some strategies to rebuild abortion rights and reproductive justice if Roe is gutted. While Roe will stand or fall because of the Supreme Court, that case is only before the Supreme Court because of state law. Since 1973, pro-choice advocates have largely relied on the Supreme Court to protect abortion rights, while anti-abortion advocates have passed laws to undermine abortion in every state. There was not a sustained, proactive campaign to protect abortion rights until several years ago, and it wasn’t enough. If Roe fell tomorrow, the majority of US states would have no constitutional or statutory protections for abortion. Whatever happens at the court, pro-choice advocates have to dedicate as much (or more!) time to passing state laws as they do to court cases.

In addition, pro-choice advocates can take a page from the Federalist Society book when it comes to selecting judges and candidates. When President George W. Bush wanted to appoint Harriet Miers to the court to fill retiring Justice Sandra Day O’Connor’s seat, he faced immense pushback from the Federalist Society. Miers did not have a robust judicial record and more importantly, the members didn’t know her. Members did not know if they could count on her to be a solid opponent of abortion rights, and they spoke out against her nomination, lobbying the president and writing op-eds. In the Democratic party, there are many people who say they are pro-choice to gain votes, and when the time comes, take no action to codify the right to abortion into federal law. But there are elected officials and judges who are unwaveringly pro-choice, and consider protecting abortion access to be one of the most important policies to pass. Those are people we know. And those are people that we, as pro-choice advocates, should be supporting with our votes, our dollars, and our advocacy.

The religious right has already shown us how we can win on abortion, but it is going to mean we have to operate very differently than we have in the past. But that is a stretch we have to make, because the history of the religious right shows us that they will not stop with abortion, and we cannot be caught lying down on the job again.

The Curious Case of Freeform and The 700 Club

If you’re an avid reader of my blog, statistically, you’re probably gay or at least aware of gay culture.* And as a gay person or someone familiar of gay culture, you probably know about Freeform, the channel that has a bunch of shows about lesbians. What you may now know is that Freeform: The Lesbian Channel for Teens also runs multiple episodes of The 700 Club twice a day.

This is confusing because The 700 Club is a daily prayer show founded by televangelist, Moral Majority devotee, and known homophobe Marion “Pat” Robertson. Oh yeah, Pat Robertson’s real first name is Marion. He changed it because he thought Marion was effeminate. The 700 Club seems wildly out of place on a channel where every other show has a queer character. Especially since the audience for all these Lesbian Teen Shows are, at the very least, supportive of queer people and probably going to be offended by the ideas put forward by The 700 Club. And Freeform knows this, which is why they put up disclaimers before the show that say things like “Freeform is not responsible for what is about to appear on your screen. Watch or don’t watch. We’re ok either way” and “If you’re looking for us, we’ll be over at the Freeform app and Freeform on demand for a little while.” But if the channel disagrees so strenuously with the 700 Club, why is it still on the air?

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Charter Amendment Voting Guide

There’s a local election coming up! I know, I was surprised too until I got a voting brochure that told me an election is coming up. We have a chance to elect a new public advocate (which is a whole other blog post, I don’t have time to explain the position now, but I’ll just tell you to vote for Jumaane Williams, simply on the strength of Joe Borelli’s answer to the questions included in the NYC Voter’s Guide). We also have a chance to amend the city charter, which has some very cool and sexy initiatives. You laugh! But I think as we go through my West Wing, Best Wing Voter Guide, you’ll agree that some of these initiatives are both cool and, dare I say, sexy.

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We Need Reservations

I’m back with a political post! It’s literally been since February, but in my defense, I was in law school and basically couldn’t pay attention to anything but law stuff for months. It paid off though, thank you for asking. And I did learn a lot that will help me analyze Supreme Court decisions, so you’d think I could have written a lot of great blogs, but I started watching Schitt’s Creek, so that’s taken up a lot of my free time. But I’m back, and I have a post about the Supreme Court! Not about what they did, but in frustration about what they didn’t do!

On June 27, 2019, the Supreme Court scheduled Carpenter v. Murphy for re-argument, rather than hand down a decision in the case. The judges have been asked to determine the boundaries of the Muscogee Creek Nation, and the decision they hand down in this case has drastic implications for half the land in Oklahoma. Namely, if they find for Patrick Murphy, half the land in Oklahoma becomes Indian country. I learned about this case from the amazing podcast This Land, and you should all go listen to that. But I know how hard it is to make time for podcasts, so if you want a brief rundown, just keep reading!

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Are There People Who AREN'T Running for President?

Someone reminded me recently that Pete Buttigieg is running for president. It’s really a testament to how many people are running for president that I completely forgot a gay person was running. We’re over a year and a half out from the election and there’s already too many Democrats running for me to keep track of, so I decided to do what I do best. Make a list.

Except there are literally over 500 people who have filed to run for president. 537 to be exact. Almost half of those are not affiliated with a political party (not even Green or Libertarian) so we don’t have to take them seriously in any way. That still leaves 184 declare Democrats, 69 declared Republicans, 19 Libertarians and 14 Green party candidates.

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Presidential Responses to HIV/AIDS

With the passing of George H.W. Bush, I saw a lot of posts about how his inaction around AIDS led to hundreds of thousands of deaths. Let me be crystal clear, I am not a fan of George H.W. Bush, or really a fan of any Republican since Lincoln, but I have also spent four years obsessively researching the early years of the AIDS epidemic and I’m not sure Bush deserves some of the criticism he’s been getting. But I realized if I was going to talk about what George H.W. Bush did to combat HIV/AIDS, I’d have to do a little more research about where he stacked up against other presidents.

And so, in order of historical appearance, our Presidents and their responses to HIV/AIDS.

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Election Round Up

I don’t know about you, but election night was a stressful time. Everyone I knew had some type of self-care going on in the face of a very important and very stressful midterm elections. I personally decided to have a glass of very cheap Trader Joe’s wine and “watch” SVU while obsessively refreshing the New York Times. That’s my self care.

There were big wins and losses across the country, and I’m going to go through some of the ones I find most interesting (and the ones my friend Elyse directly asked me to cover).

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Lesser Evils

If you know a little about me, you know I’m very willing to overlook prior bad acts by candidates in order to ensure Democratic control of our bodies of government. The electability of a moderate Democrat with a less-than-perfect record was one of the primary motivators behind my support for Hillary Clinton. And if you’re one of my friends on the farther left, I’m sure you’re thinking “Bella really will just shill for any empty suit that calls themselves a Democrat. Is there a floor on this thing, or will we have to re-educate her when the revolution comes?”

I’m proud to report to you, my left friends and all other readers of the blog, that we found the floor. The floor named Joe Manchin.

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Amy Klobuchar's Anger Translator

There’s truly so many angry rants I could write about the Kavanaugh confirmation hearings. Thankfully, there are smarter people than me who have already written about the impact of these hearings on survivors of sexual assault, the implications of certain questions in the hearings, and this hearing’s impact on the legitimacy of the highest court in the land.

This gives me the opportunity to focus on what I know best. Female Senators and daughters of alcoholics.

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Kavanaugh Confidential

One of the major debates in the Kavanaugh hearings was about documents that had been deemed committee confidential. That meant these documents could only be viewed and discussed in closed door meetings of the Judiciary Committee. 200,000 pages of Kavanaugh’s documents from his time in the White House were withheld from the public. another 100,000 documents were withheld from the Committee altogether at the request of the current White House, on the grounds of executive privilege.

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Unofficial and Totally Subjective Guide to the NYC Primaries

It's that time of year again! The time for the complicated New York state and local primary system! This year, our primary elections is going to be held on Thursday, September 13th, because the Tuesday when the election normally would have been held is September 11th. I understand not having an election on September 11th, but I don't know why they decided to hold the election on a Thursday instead of the next Tuesday. But I don't pretend to understand how New York decides their many primary dates.

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What To Expect When You're Confirming

I know it's been a long time since I've written a blog post, but I can assure you, I have a good excuse. You see, on June 27th, Supreme Court Justice Anthony Kennedy announced he'd be retiring at the end of July, leaving it open for the President to appoint another judge to the Supreme Court.

Upon hearing the news, I fainted from shock and I was only recently revived because I had to start law school. I'd hoped that by the time I came out of my Fear Coma our nation would have figured out a way to appoint a nice, sensible judge like, I don't know off the top of my head, Jane Kelly. Unfortunately, I awoke to find the President had nominated Judge Brett Kavanaugh and the hearings were set to begin on Tuesday, September 4th. It's almost enough to make a girl slip back into a Fear Coma.

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The Timeline of Family Separation

If you, like me, feel like you're barely treading water in the ocean of human horrors created by the Trump administration, it can feel like the zero tolerance immigration policy almost came out of nowhere. One day I was bemoaning the inaction on DACA, the next we have concentration camps full of innocent children. Given that I only started hearing about this in the month of June, I'd assumed this cruel and inhumane policy was announced very recently. But as I did some research, I realized that I'd become so overwhelmed with all the human rights abuses of the Trump administration that I'd missed the early days of this policy.

Back in March of 2017, John Kelly who was then the Secretary of Homeland Security discussed the idea of a policy to separate children from their parents when family crossed the border. Secretary Kelly specifically said he was considering this policy to deter people from crossing the border illegally. In April, the New York Times reported that around 700 children had been taken from their families, though at that point it wasn't clear that this was a formal policy. Then this May, Attorney General Jeff Sessions (human Confederate flag) announced a policy that said anyone crossing the border illegally would be prosecuted, and children would be separated from their parents.

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Which Scott Pruitt Ethics Scandal are You?

Scott Pruitt's many ethics scandals say a lot about the state of our country. But they can say just as much about the state of your inner self. Thank you to Orli Matlow @HireMeImFunny for the inspiration! Hire her people! She is funny!

1. There's a big party at your favorite club tonight. How do you get there?

A: This is a job for Limo Larry. Thank goodness your favorite limo driver is on speed dial.

B: Drive yourself. And pick up your friend on the way. But it's ok, he offered to buy you a drink once you get there.

C: Your friend is going to drive you, but you'll chip in for gas.

D: Armored car. It's the only way you go anywhere.

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It's 2018, Do You Know How Much Your Government Spends on Corn?

The summer after my first year of college, I took my political passion to the streets and got a job as a door to door fundraiser for various progressive causes. I could write a whole other essay about this, but suffice to say, please be nice to canvassers. We hate us too. Anyway, after a summer of knocking doors, much of my political passion had been replaced for a feverish anger about how much money the government spends on corn.

Do you have any idea how much the government spends on corn? Between 1996 and 2016, the government spent over $21 billion on direct payments to corn farmers. And that was only on direct payments. In total, over ten years, the federal government used $106 billion of our taxes for corn payments. That's around $10 billion a year. On corn.

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Primary Challenges

Researching the Kennedys and hating the President has me thinking a lot about primary challenges to incumbent presidents. After FDR fundamentally changed the American presidency by running for president until he died, the 22nd amendment was added to the constitution, limiting each subsequent president to two terms. This means that most presidents, once elected, do try to run for another term. Of course, presidents usually face challengers from the opposite party, but do they ever face a primary challenger?

I mentioned the Kennedys earlier, because one of the more famous primary challenges was Robert F. Kennedy, who ran for the Democratic nomination in 1968. In 1968, LBJ was the incumbent candidate. He had taken over after JFK was assassinated in 1963, and was elected in his own right in 1964. But come 1968, LBJ was very unpopular with anti-war segments of the party. After anti-war candidate Eugene McCarthy won a primary in New Hampshire, and RFK entered the race, LBJ sensed the changing winds and withdrew, choosing not to run again.

Of course, RFK was later assassinated, and McCarthy lost the primary to Hubert Humphrey, LBJ's Vice President, who then lost the general election to Nixon.

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What You Can Do to Weaken NRA Control of Congress

Like most people with a heart, I was shocked and saddened by the recent school shooting in Florida. This was the 7th firearm attack during school hours in 2018, and the 5th resulting in injury or death. This was also the deadliest school shooting this year, resulting in the murder of 17 people.

As we all know, children being killed and injured by firearms is too commonplace in America. An average of 24 children are shot every day in the United States and in 2016, 1,637 young people were killed by firearms. And the saddest thing is, we all know in our guts that this type of school shooting will probably happen again, unless major gun control regulations are implemented. Which will be tough as long as the NRA maintains its stranglehold on Republican politicians.

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One Last Chance

Last week, as many of you know, Senate Republicans voted for a major tax overhaul, working overtime to cut corporate taxes while raising taxes on thousands of middle class families. The corporate tax rate would be cut from 35% to 20% and the personal deduction would be eliminated. And even though they are doubling the standard deduction, the elimination of the personal deduction means that many families would end up paying extra.

That wasn't the only thing in the Senate bill. The bill removed the individual mandate and raised the threshold for the estate tax. The last one is good news for all those poor families who stand to inherit between $6.5 million and $11 million. Now people who will inherit only $10 million dollars won't have to pay those predatory taxes.

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