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Justice Kennedy’s CARHART Opinion Points Finger of Shame at American Women Who Have Had Abortions

September 24, 2009 - By Carol Downer - 0 Comments

In the Carhart decision, the US Supreme Court upheld the nationwide ban on a particular abortion procedure in April, 2007, handing abortion opponents the long-awaited victory they expected from a more conservative branch.


Justice Kennedy’s opinion is filled with account after account of the of the later abortion procedure.  He specifically invites state and federal legislators to pass legislation requiring that a woman be given precise information “concerning the way in which the fetus will be killed,” because they are making a decision that has a profound and lasting meaning.  Emboldened by his invitation, state legislators are already proposing restrictive laws.  State and national pro-choice advocacy groups will vigorously oppose these proposed laws state by state, defeating most, but some will be passed, and, of those, some will survive on appeal, and go to the anti-choice Supreme Court.


Justice Kennedy admits that showing lurid photographs and reading anti-choice descriptions to women will discourage some from going through the procedure.  We know this enforced “informed consent” will cause psychological trauma to women who stand by their decision.  Abortion, especially later abortion, will be further stigmatized, creating a more repressed and shaming climate.  Legal prohibitions that now seem unthinkable will be proposed, and when and if they are passed, our right to choose abortion may be destroyed.


WHAT CAN WE DO TO STOP THIS STIGMATIZATION PROCESS?


Our struggle for reproductive rights must include:



  • A demand for sex education for young people,


  • Safe, effective, easily available birth control, 


  • Child-care programs,


  • State-supported subsidies to enable parents to raise their children.


We must continue to educate the public about women’s reproductive rights  through:


 


 




  • Books, articles and letter to the editor about the circumstances that lead to women deciding to have abortions,


  • Public Speak outs about abortion,


  • Women sharing their abortion experiences,


  • Supporting feminist woman-controlled clinics.
 


HELPING WOMEN TO OBTAIN LATER ABORTIONS IS THE FRONT LINE AGAINST THIS ATTACK OF WOMEN’S REPRODUCTIVE RIGHTS


 


 




Carol Downer is one of the most influential women in the Women’s Liberation Movement, and is the founder of the women’s health Self Help movement. In 2007 she has been recognized in the new book, Feminists Who Changed America: 1963-1975, Barbara J. Love, editor, 2008. Currently she is a practicing disabilities lawyer in Los Angeles, and promotes women’s liberation through research, speaking engangements and is working on her next book on strategies for social change.

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