News & Commentary

Today’s decision in Burwell v. Hobby Lobby (formerly Sebelius v. Hobby Lobby) dealt a serious blow to a woman’s right to comprehensive healthcare. In a closely divided 5-4 decision, the court held that the contraceptive mandate portion of the Affordable Care Act (ACA), which requires employer health plans provide comprehensive coverage for women’s health, violated the federal Religious Freedom Restoration Act (RFRA). The case arose when two for-profit corporations, Hobby Lobby and Conestoga Wood, sued the government arguing that covering certain forms of contraception, including emergency contraception and IUDs, violated their religious beliefs. In striking down the contraceptive mandate, the court has given employers the right to decide whether women have access to affordable contraceptives, along with what type and in what circumstances.

The film "Obvious Child" is coming to Maine this week. Writer and director Gillian Robespierre’s  “abortion rom-com” was released in limited cities at the beginning of June. The film’s major roll out is happening at the end of this week – Friday, June 27th. Reviewers have already been praising the film, calling it hilarious, honest, and refreshing.

Last weekend, I spent a substantial amount of time binge watching the new season of Orange is the New Black. While the show puts a somewhat comical spin on the issues of life inside a women’s prison, it also has been a reminder for me of the unique challenges women face while incarcerated. Women are the fastest growing prisoner population in the country. Even here in Maine, between 2001-2013 there was a 624% increase in the number of women incarcerated in Maine state prisons.

Since the early 1980s Vincent Rue, originator of the concept “post-abortion syndrome,” has been spreading myths and misinformation about the connections between mental health and abortion. Back in 2004, Vincent Rue and Priscilla Coleman collaborated on an article arguing that “for some women, abortion is a traumatic stressor capable of causing PTSD symptoms.” They suggest that this is “beyond politics” and that abortion’s connection to post traumatic stress disorder is an “increasing public health concern.” In fact, post-abortion syndrome is not recognized by either the American Psychological Association or the American Psychiatric Association. 

Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation.

Last Sunday, May 31, marked the 5th anniversary of the brutal murder of Dr. George Tiller, a physician who provided abortion services at his women’s clinic in Wichita, Kansas.  Tiller was the medical director of Women’s Health Care Services in Wichita, one of the very few clinics that performed late-term abortions. The morning of his murder, Dr. Tiller was serving as an usher at his church during the Sunday morning service. Tiller was shot in the head at point-blank range by anti-abortion activist Scott Roeder as he was handing out literature to fellow churchgoers.

This month, the ACLU is working with Planned Parenthood in Alabama and Wisconsin to reverse restrictive Targeted Regulation of Abortion Providers (TRAP) laws that were passed in the two states last year. Last month, I wrote about TRAP laws being used as a tool to prevent access to safe and legal abortions. TRAP laws are burdensome and unnecessary laws that impose regulations on doctors and practices that provide abortions. TRAP laws close clinics, restrict practices, and introduce roadblocks to accessing abortion services. The end result of these laws is the same: clinics close and women’s access to reproductive health care is limited. Proponents of TRAP laws often argue that these laws are concerned with women’s health and safety, but, as the ACLU’s deputy legal director Louise Melling states, these laws were “designed by politicians, not doctors, with the single-minded goal of shutting down women’s health care centers and ending access to safe, legal abortion.”

This week, the ACLU of Pennsylvania sent Pennsylvania's Attorney General a letter asking her to enforce the 2010 Healthy Birth for Incarcerated Women Act. The 2010 bill (SB 1074) bans the use of handcuffs, leg shackles, and other physical restraints on pregnant incarcerated individuals who are in the second and third trimesters of their pregnancies. Under the law, shackling is prohibited during prenatal visits, labor and delivery, and the postpartum period, including during transport to and from the hospital. Individuals who pose a serious flight or security risk are excluded from the ban. Since the implementation of the law, jails have been required to file monthly reports with the Pennsylvania Department of Corrections detailing their use of restraints on pregnant inmates.