National Organization for Women

Search:


Sign up:

to choose from our lists


email thisSend or printable versionPrint this page    |  Shop Amazon
May 2003

ECONOMIC EQUITY

  • Stealth Attack Made on Overtime Pay Requirements
  • Good News: Court Rules in Favor of Family Leave
  • NOW Urges Expansion of Family Leave
  • Bush Budget Puts Squeeze on Head Start Programs
  • States, Bush Plan Decreases Childcare Support for Working Poor
  • Job Training Bill Sabotaged by House Republicans
  • Study Finds that Unemployment Insurance Fails Women
  • VIOLENCE AGAINST WOMEN

  • Air Force Academy Sexual Assault Investigation Proceeds
  • Finding on Ft. Bragg Homicides Stress Lack of Services
  • Bush Promises $1.23 Billion in DNA Analysis Funding
  • Sexual Assault Awareness Month Resolutions Pushed
  • Legislation Stops Suits Against Gun Manufacturers, Dealers
  • WOMEN'S RIGHTS

  • Masters Tournament: It's About Fair Play and Equal Access
  • Unfair Class Action Bill Would Limit Civil, Consumer Rights
  • Right-Wing Judicial Nominations, Confirmations Continue
  • REPRODUCTIVE RIGHTS

  • "Unborn Victims" Act Does Nothing to Deter Violence
  • Abortion Procedures Ban Comes Closer to Becoming Law
  • Victory: Anti-Contraceptive Amendment Beaten Back
  • Military Abortion Ban Retained in DoD Appropriations Bill
  • WOMEN'S HEALTH

  • State Budget Crisis: What's at Stake for Women's Health
  • Bill Offers Health Care Access for Immigrant Women, Children
  • GLOBAL FEMINISM

  • Biden Bill Would Protect Women, Children in War
  • Kucinich Advocates for a Department of Peace
  • Maloney Chides U.S. Delegation on Anti-Women's Rights Stance
  • WELCOME TO A NEW MONTHLY REPORT

    This is a first issue of the NOW Equality Report—a monthly newsletter that expands upon the old NOW Legislative Update to report on a broader range of legislative news, administration initiatives, important studies and landmark legal cases. The theme tying everything together is Equality—and NOW's continuing campaign to achieve truly equal treatment and equal opportunity for women in the U.S.

    Now that we are seeing many of the gains made by women over the past 40 years repealed by a right wing Congress and White House, it is more important than ever to inform women of these critical losses. At the same time, we want to share information on the successes and victories for women's rights. Please feel free to pass on the Equality Report to friends, public officials and anyone who wants to help women gain full equality.

    ECONOMIC EQUITY

    Stealth Attack Made on Overtime Pay Requirements

    A sneak attack on long-standing federal law requiring that employees be paid for overtime work is contained in the deceptively-named Family Time Flexibility Act (H.R. 1119), sponsored by Rep. Judy Biggert (R-Ill.) and 110 cosponsors. More accurately titled the "Bogus Comp Time Act", the legislation was passed by the full House Committee on Education and the Workforce on April 9 and is scheduled for a vote on the House on June 5. A similar bill is pending in the Senate, the Family Time Flexibility and Workplace Flexibility Act (S. 317), sponsored by Sen. Judd Gregg (R-N.H.) and is now in the Health, Education, Labor and Pensions Committee.

    Sponsors of this regressive legislation are attempting to parlay the popularity of the Family and Medical Leave Act and the very serous need for employees to have flexibility in their work hours into support for this bogus comp time proposal. Unfortunately, H.R. 1119/S. 317 do nothing to increase a worker's control and flexibility, but instead would increase an employer's authority to command an employee's work schedule. Employers could offer employees paid time off in place of overtime pay, but at the employers' convenience. The passage of the phony comp time bill would certainly not help employees who need to work overtime—and receive the usual time and a half pay—for the extra income. Many single female heads of households and low-income families depend upon this source of additional income.

    Further, should this legislation be adopted, employees would find it even more difficult to take taking paid leave when they want or need to have time off. Employers would not have to honor requests for leave for as long as 13 months after a request is made. In the meantime, employees could find themselves working 50 and 60 hour workweeks—at no extra pay.

    More details on this legislation and on companion changes to Department of Labor regulations are available on the NOW website. You can also find articles on the Economic Policy Institute's website.

    Good News: Court Rules in Favor of Family Leave

    On May 28, the U.S. Supreme Court turned away harmful states' rights ideology and upheld the Family and Medical Leave Act (FMLA) and workers' rights. It was unexpected good news for women and their families. The FMLA guarantees eligible employees 12 weeks of unpaid job-protected leave for a serious illness, to care for a seriously ill family member, or to care for a newly born or newly adopted child.

    In a 6-3 decision the Supreme Court ruled that state employees are fully covered under the FMLA. Chief Justice William Rehnquist and Justice Sandra Day O'Connor broke rank and joined Justices Ginsburg, Breyer, Souter and Stevens in affirming that states can be sued for monetary damages when they violate workers' rights under the FMLA.

    In the majority opinion, Chief Justice Rehnquist asserted that Congress' decision to extend the scope of the Family and Medical Leave Act to encompass state employees was an attempt to "ensure that family care leave would no longer be stigmatized as an inordinate drain on the workplace caused by female employees and that employers could not evade leave obligations simply by hiring men."

    Congress' decision as well as the Court ruling were based on evidence that female employees, for the government and the private sector, suffer when family and work commitments clash. Even the Bush administration defended the Family and Medical Leave Act as a means of combating long-standing practices. For more information on the case, see Findlaw website for Nevada Department of Human Resources v. Hibbs, et. al.

    NOW Urges Expansion of Family Leave

    While this is a substantial victory for workers' rights over so-called "states' rights," it is important to note that the FMLA, which has helped many workers to balance their job and family responsibilities, is in dire need of several critical expansions.

    First, the Family and Medical Leave Act covers too few employees. It applies only to full-time employees who work for an employer with 50 or more employees and who have worked for their employer for at least 12 months. The FMLA needs to be expanded to cover part-time workers, recent entrants to the workforce and the millions of employees who work for companies with fewer than 50 employees—women are disproportionately represented in all three of these groups.

    Second, the FMLA is only applicable to a very limited range of family situations. It only covers serious illnesses—not leave for a chemotherapy appointment, to recover from domestic violence, to take a child to a doctor's appointment, or to attend a parent-teacher conference. The FMLA also has an overly narrow and unrealistic definition of family. It does not cover leave to care for a domestic partner, grandparent, grandchild, parent-in-law, etc, but only the members of the traditional nuclear family. The FMLA needs to be expanded to address the real needs of real families.

    Lastly, even for those employees who are eligible and whose family situation is covered, the FMLA provides only unpaid leave. This has meant that most families are unable to afford the flexibility that the FMLA provides. Losing 12 weeks of pay is untenable for most families at anytime, let alone at the arrival of a new child or the onset of a medical crisis. To ensure that families are able to take care of each other without disastrous financial results, the FMLA must be expanded to provide paid leave.

    For the past several years, Democrats have offered legislation that would expand the FMLA in many of the ways listed above. In February of this year, Sen. Christopher Dodd (D-Conn.) introduced the "Family and Medical Leave Expansion Act," which would create pilot projects that would provide paid leave for 6 of the 12 weeks. It would also: cover more employees by reducing the minimum from 50 employees to 25; victims of domestic violence and those needing to care for victims of domestic violence; and, it would provide 24 hours of leave per year for parents to participate in school activities or literacy training.

    Bush Plan Puts Squeeze on Head Start Programs

    The Bush administration's 2004 budget proposes radical changes for Head Start. Currently, Head Start takes a unique and comprehensive approach to supporting low-income children and families by providing early education, health care, social services, and nutrition services. Since 1965, Head Start has prepared over 20 million children to succeed in school and beyond and has been repeatedly judged a highly effective program.

    While the Bush budget proposal offers a meager increase for Head Start, it comes at a high price. Under his proposal, Bush would dismantle the comprehensive and effective approach currently taken by Head Start. This comprehensive early childhood program would be narrowed to focus solely on education, leaving out social, health, and other concerns. In keeping with this, responsibility for the Head Start program would shift from the U.S. Department of Health and Human Services to the U.S. Department of Education. This unfortunate move would be completely contrary to the founding principle of Head Start—that children cannot learn when they are hungry, sick, or too worried about their home situation to concentrate in school.

    The Head Start program is unique and effective in two additional ways. First, Head Start funds pass from the federal government directly to local communities bypassing the states. Secondly, Head Start has federal performance standards. Both of these aspects, critical to Head Start's success, are threatened by the Bush administration's proposal.

    Instead of directing funds to local communities, under the Bush plan, the states would apply for Head Start money, and could receive this money without ANY substantial quality standards attached. Under this poorly conceived plan, Head Start money becomes the fiscal relief that states desperately need. Facing enormous budget deficits that are forcing them to make drastic cuts in vital programs, some states have already begun to reduce their funding to pre-kindergarten programs. Critics say that if Bush hands over $6.8 billion to the states "for Head Start" with no strings attached, financially-strapped states may use that money as fiscal relief rather than for crucial Head Start programs.

    Additionally, the Bush plan would substitute standardized testing for federal quality standards. This testing would be premised on the notion that children from low-income families should perform as well as those from higher incomes after just one year of Head Start. As NOTHING can be a one-year inoculation against the effects of poverty, this shows a complete unwillingness on the administration's part to support effective and long-term strategies that help families raise themselves out of poverty. This is further evidenced by the fact that it's not just Head Start that is under attack from the Bush administration—all programs and services to low-income families are currently under fire.

    House leaders have indicated their intention to pass changes to Head Start as soon as possible. The Senate will begin discussion of proposed Head Start changes soon as well.

    States, Bush Decrease Childcare Support for Working Poor

    George W. Bush's welfare proposal calls for states to require that each welfare recipient be engaged in forty hours of work activities a week outside of the home, but it does not request any additional funding for childcare. Increased childcare spending is crucial if welfare recipients are to be required to work more hours away from the home.

    In addition, a U.S. General Accounting Office (GAO) audit report released on May 5 shows that nearly half of all states have reduced low-income families' access to government-subsidized childcare over the past two years. In the face of state fiscal crises and budget cuts, 25 states and the District of Columbia report that they are not able to offer childcare subsidies to all eligible applicants. In addition, fourteen states have increased their eligibility requirements, requiring families to be poorer to receive subsidized childcare services. The congressional audit report, requested by Rep. Benjamin Cardin (D-Md.), has been used by the Democrats in the debate on welfare reform as evidence for the necessity of increased childcare funding.

    The House bill, H.R. 4, the Personal Responsibility, Work and Family Promotion Act of 2003, was adopted by the House on February 13 by a party line vote of 230-192. The Senate is expected to soon take up reauthorization of the Temporary Assistance to Needy Families (TANF) program.

    More information on the audit report is available on the website for the General Accounting Office.

    Job Training Bill Sabotaged by House Republicans

    Republicans are sabotaging an important job training program that has the potential of helping many welfare-to-work women and other low income, poorly skilled workers who must upgrade their skills in order to gain decent jobs.

    On March 13, Reps. Howard McKeon (R-Calif.) and John Boehner (R-Ohio) introduced legislation (H.R. 1261) to reauthorize the Workforce Investment Act (WIA)—the federal government's major job training, vocational education and rehabilitation program. H.R. 1261 was passed out of the House Education and Workforce Committee on March 27 and is likely to come to the House floor soon.

    This Republican-sponsored bill reflects many of the Bush administration's skewed priorities for WIA and contains many troubling provisions. Among the most troubling parts, H.R. 1261 consolidates all adult, dislocated and other special funding streams into a single block grant to the states. Block granting WIA funding would be devastating, according to advocates for federal job training assistance programs. WIA has recently undergone drastic budget reductions and this would only make it more vulnerable to future cuts. Block grants would also have the harmful effect of pitting the needs of various groups of jobseekers against those of other jobseekers.

    Additionally, this bill would remove the civil rights protections that have been a part of WIA since its 1982 inception. Under this proposal, faith-based organizations receiving WIA funds would be permitted to factor religion into hiring decisions. An amendment by Rep. Chris Van Hollen (D-Md.) to retain the existing WIA language that prohibits religious discrimination was defeated by a vote of 18 to 22.

    Furthermore, H.R. 1261 gives little more than lip service to making any significant improvements in WIA, the proposed provisions do little to address the issues that have kept the program from providing sufficient services to jobseekers and employers. While a couple of Democratic amendments improving the bill were passed by the committee, on balance the bill remains much more harmful than helpful to this critical program.

    The legislation has been referred to the Senate Subcommittee on Health and the House Committee on Finance, respectively, where it is still pending.

    Study Finds that Unemployment Insurance Fails Women

    The unemployment insurance (UI) system is failing to meet the needs of women. A recent report by the National Employment Law Center (NELP), reveals a "tremendous gender gap" among those who qualify for UI benefits. According to the NELP report, in 41 states, men are more likely to receive unemployment insurance than women. In some states, men receive UI benefits at a rate of up to 20 percent higher than women. Among workers who quit their jobs, women are 32 percent less likely to qualify for UI benefits than men.

    These sizeable disparities are the result of the UI system's reliance on the entirely unrealistic family model of the breadwinning dad and the stay-at-home mom. This model has little relevance to today's workforce in which 60 percent of women work outside the home and a sizeable portion of families are headed by single parents.

    Women are not being adequately served due to restrictive policies that penalize individuals who leave work as a result of work-family conflicts. States have eliminated options that allow workers to leave a job for reasons that are not directly work-related and have increased disqualification penalties. In order for the UI system to adequately serve all workers, including women, policies must be enacted that allow for leaving work due to illness, to care for sick dependents, because of childcare unavailability resulting from work scheduling changes, to escape domestic violence, or in response to sexual harassment.

    For more information, refer to "Between a Rock and a Hard Place: Confronting the Failure of State Unemployment Insurance Systems to Serve Women and Working Families."

    VIOLENCE AGAINST WOMEN

    Air Force Academy Sexual Assault Investigation Proceeds

    The Pentagon acknowledged that, as of mid-March, it had received 56 reports of rape or sexual assault from current or former female cadets at the United States Air Force Academy. This alarmingly large number of incidents and the apparent lack of attention paid to reports of sexual assault by top Academy officials have led Senators and Representatives to demand investigations into the allegations and the general climate at the Air Force Academy. Rather than providing protective and confidential services for victims of sexual assault, cadets at the Academy have claimed that they were punished for minor infractions brought to light by their reports of sexual assault. The fear of reprisal and dishonor has prevented many victims of sexual assault from reporting the incident and seeking help.

    In response to the uncovering of the large incidence of recent sexual assault cases at the Academy, the Air Force has announced the removal of four of the top Academy officials, including superintendent Gen. John Dallager, vice commandant Col. Robert Eskridge, second-in-command Brig. Gen. S. Taco Gilbert III, and commander of cadet training Col. Laurie Slavec. Although the Air Force has removed each of these officials from their posts at the Academy, it has exonerated them from blame for the sexual assault incidents that purportedly occurred at the Academy under their watch.

    In addition to the investigative studies demanded by leading legislators, the Senate passed an amendment to its fiscal year 2003 Supplemental Appropriations Bill (S. 762) requiring Defense Secretary Donald Rumsfeld to appoint a seven person panel to look into and assign blame for the sexual assaults at the US Air Force Academy. The panel began its investigation on May 1 and will report its findings in the next two months.

    Finding on Ft. Bragg Homicides Stresses Lack of Services

    Similar to the fear of reprisal and stigmatization attached to seeking help for and reporting a sexual assault incident at the Air Force Academy is the fear of stigmatization attached to seeking behavioral and mental health care within the Army. The November, 2002 Fort Bragg Epidemiological Consultation Report (EPICON Report), which looked into the causes and solutions for the string of five domestic homicides that occurred at Fort Bragg last June and July, found that the Army's "flawed model for behavioral health services contributed to the homicides." The report found that soldiers and their spouses believe that seeking mental and behavioral health services leads to stigmatization and is detrimental to a soldier's career. The inadequacy of the services provided coupled with the discouraging attitudes associated with seeking assistance prevented the soldiers involved in the Fort Bragg homicides from getting help for marital distress and behavioral health issues. The EPICON report strongly urges the military to restructure its existing system to provide better domestic violence and other counseling services for soldiers and their families.

    Bush Promises $1.23 Billion in DNA Analysis Funding

    According to the National Institute of Justice, there are currently around 350,000 DNA samples from rape and homicide cases that are caught up in the national backlog of cases and have yet to be analyzed. DNA analysis offers invaluable potential for solving crimes, particularly rape cases in which the perpetrator is unknown to the victim. However, the limited resources and abilities of federal, state, and local laboratories have prevented them from effectively analyzing all DNA crime samples that are collected and have generated a huge national backlog of criminal cases, including numerous rape and homicide cases.

    NOW believes it is crucial that the necessary funding be provided to allow for the timely analysis of all rape kit DNA samples for use in the prosecution of criminal rape cases and has supported Congressional efforts to appropriate sufficient funds.

    President Bush's "Advancing Justice Through DNA Technology" initiative proposes $232.6 million in federal funding for fiscal year 2004, and over $1 billion over the next five years, for improvements in the use of DNA analysis in solving criminal cases. The funding initiative is expected to double the FBI's DNA sample processing rate by 2005 and to provide funding for state and local laboratories to also increase their processing rates.

    The allocation is intended to eliminate backlogs, strengthen the capacities of laboratories to analyze DNA samples, stimulate research and development on more efficient means of DNA testing, and to provide training for individuals involved with the collection and use of DNA samples. Attorney General John Ashcroft will be authorized to use the funding from the President's initiative to improve the use of DNA samples in the criminal justice system, including in the prosecution of rape cases. In a mid-March public announcement of the funding, Ashcroft stated: "In particular, this initiative will allow law enforcement to analyze rape kits and other cold-case evidence that has gone unanalyzed for years."

    In addition to the President's initiative, Congressional legislation has been introduced to address the national backlog in the analysis of rape kit DNA samples. Rep. Mark Green (R-Wis.) has introduced the Debbie Smith Act of 2003 (H.R. 1046), which calls for assessment of the backlog and improvement in the use of DNA evidence in the prosecution of sexual assault cases. The bill has been referred to the House Committee on Judiciary. Sen. Joseph Biden (D-Del.) has introduced a similar piece of legislation, the DNA Sexual Assault Justice Act of 2003 (S. 152), which has also been referred to the Senate Judiciary Committee.

    The National Organization for Women supports the allocation of additional resources and funding to improve the use of DNA sampling and analysis in the processing of criminal rape cases and hopes that the enormous backlog of rape evidence kits can be cleared.

    Sexual Assault Awareness Resolutions Pushed

    According to the 2000 National Crime Victimization Survey someone is sexually assaulted or raped every two minutes in America, making sexual assault an issue of utmost importance. Ninety percent of these victims of sexual assault are women. For years April has been informally recognized as Sexual Assault Awareness Month, but victims' advocates are hoping that legislation will make it a formal recognition.

    The House and Senate have sponsored a joint resolution urging that April of each year be declared national Sexual Assault Awareness Month in order to promote awareness of sexual violence and to decrease the occurrence of sexual assault incidents. The legislation also recognizes and honors the work done by the more than 20 million survivors of sexual assault in America and other activists to increase awareness of and prevent future sexual assaults. The Senate passed the bill (S.J. Res. 8, sponsored by Sen. Sam Brownback, R-Kan.) shortly before it adjourned for recess on Friday April 11 and the House is expected to take up its bill (H.J.Res. 36) soon.

    In 2001, only an estimated 39% of rapes and sexual assaults were reported to law enforcement officials. In addition, when unreported rapes are taken into account, a total of only 6% of rapists will ever spend a day in jail. It is important that sexual assault awareness be raised in order to decrease the attached stigmatization and that steps be taken to decrease the prevalence of sexual violence incidents.

    Visit the following websites for more information:

  • Rape, Abuse, and Incest National Network
  • Family Violence and Prevention Fund
  • National Sexual Violence Resource Center
  • Bureau of Justice Statistics

    Legislation Would Stop Suits Against Gun Manufacturers, Dealers

    The so-called Protection of Lawful Commerce in Arms Act (H.R. 1036) was passed by the U.S. House of Representatives on April 9, by a vote of 285-140. The misleadingly-titled bill is sponsored by Rep. Cliff Stearns (R-Fla.) with 250 co-sponsors and threatens to give the firearms industry broad protection from civil liability and accountability. A Senate counterpart (S. 659) was introduced by Sen. Larry Craig (R-Idaho) and 51 co-sponsors in mid-March. The bill was referred to the Senate Committee on the Judiciary, where it has remained but with a majority of co-sponsors is likely to pass the full Senate. This legislation is a key component of the right wing's strategy to turn back progress made in recent years by gun control advocates.

    If passed into law, the bill would prevent victims of criminal gun violence from filing lawsuits against gun manufacturers, dealers, or gun industry trade associations. Gun manufacturers and dealers would be completely free of liability for the use or misuse of guns in violent crimes and killings, giving them little or no incentive to strictly monitor the production and sale of firearms.

    In addition, the bill requires the immediate dismissal of all currently pending lawsuits against the gun industry. In fact, the bill's proponents made a change in the bill at the last minute in the House Judiciary Committee in order to ensure that a current NAACP lawsuit against the gun industry be dismissed if the bill become law.

    WOMEN'S RIGHTS

    Masters Golf Tournament: It's About Fair Play and Equal Access

    The April 7th opening of the Masters Tournament at Augusta National golf club brought a firestorm of publicity about the club's refusal to accept women as members. Martha Burk, the chair of the National Council of Women's Organizations, and other feminist leaders questioned the moral acceptability of the membership of society's prominent executives and leaders, many of whom claim to embrace diversity and have established programs to promote diversity within their corporations, belonging to a club that openly discriminates against over half of the population. In addition, feminist leaders have challenged the principle of corporate executives belonging to a private club that excludes more than half of their customer base.

    NOW president Kim Gandy traveled to Atlanta to participate in a press conference with other women's rights leaders and NOW Membership Vice President Terry O'Neill participated in protest activities near the Augusta golf course on the day of the tournament. See NOW's website for Gandy's remarks at the press event.

    In response to the Augusta National controversy, Rep. Carolyn Maloney (D-N.Y.) and Rep. John Lewis (D-Ga.) introduced the Fair Play-Equal Access in Membership Resolution (H. Con. Res. 130) on March 31. The resolution demands that no member of Congress, political appointee in the executive branch of the Government, justice or judge of the United States, nor the President or Vice President should belong to a club that discriminates on the basis of race or sex. The resolution was referred to the House Committee of Government Reform, as well as to the House Committee on House Administration and the House Committee on the Judiciary.

    Representative Maloney stated in an accompanying press release on March 31 that she believes "that America's elected and appointed representatives should set the standard for non-discrimination and tell America that (they) will no longer support the exclusion of individuals on the basis of race or sex." NOW applauds Rep. Maloney and other members of Congress for taking a strong stand against discrimination based on sex.

    Unfair Class Action Act Would Limit Civil, Consumer Rights

    The Class Action "Fairness" Act (H.R. 1115, S. 274) was introduced in the House by Rep. Bob Goodlatte (R-Va.) and in the Senate by Sen. Charles Grassley (R-Iowa). The Senate Committee on the Judiciary approved the bill on April 11 and the House Committee on the Judiciary followed suit on May 21. The bill is now awaiting floor action in both houses. It seeks to move most state court class actions into federal courts, posing a threat to basic civil rights and unfairly depriving the disadvantaged members of society, including women and racial minorities, of the ability to obtain relief from discrimination and unlawful practices. Civil rights laws are intended to protect victims of discriminatory policies and to ensure that they have recourse for obtaining relief from unlawful practices. The Class Action Fairness Act of 2003 threatens to unfairly prevent victims of discrimination from seeking legal justice.

    On May 13, the Judicial Conference of the United States sent a letter to the House Judiciary Committee objecting to several of the key provisions of the Class Action Fairness Act. The conference objects to the provision allowing for the automatic appeal of federal district court decisions that certified or denied class status and to the "plain English" class action certification provision. The conference is also in the process of writing a similar letter to the Senate Judiciary Committee, opposing the bill. Sen. Patrick Leahy (D-Vt.) is currently drafting an alternative bill for the Senate and Democrats are working on a plausible alternative to the Class Action "Fairness" Act in the House.

    If passed, the Class Action Fairness Act will allow the removal of almost all state class actions to the federal courts. This process will overload the federal courts, delaying the resolution of cases and making it more difficult for federal civil rights cases to be heard. The bill will also prohibit courts from granting settlements that award a named plaintiff a greater share of relief than is awarded to all other members of the class. In effect, this forces the named plaintiffs in class action suits to forego full relief and compensation as the price for attempting to protect others in the class.

    The removal of state class actions to the federal courts, the backlog that will result, and the prohibition of granting full compensation to named plaintiffs will all serve to deter victims of discriminatory acts from filing class action suits. The changes that this bill attempts to make in the class action process will most seriously affect the marginalized and disadvantaged members of society, including women, as it seeks to deny them access to relief from discrimination and injury.

    The Class Action Fairness Act also attempts to decrease the role of local juries and judges in deciding whether or not a business should be held accountable for its discriminatory actions and policies. The areas in which proponents of the bill have expressed concern over the ability of juries to make responsible and reliable decisions are areas in which most of the citizens are Hispanic or African American. This further points to the attempts of the bill's supporters to diminish the resources available to the disadvantaged members of our society.

    Right-Wing Judicial Nominations, Confirmations Continue

    The Senate voted Wednesday April 30, to confirm right-wing nominee Jeffrey Sutton to the United States Court of Appeals for the Sixth Circuit. Sutton's ultra-conservative track record and hostility towards civil rights, particularly towards individuals with disabilities, are extremely worrisome. Sutton has served as law clerk for Antonin Scalia, one of the Supreme Court's most vocal opponents of women's abortion rights. He is also an officer of the Separation of Powers practice group for the Federalist Society, an ultra-conservative legal organization. In Board of Trustees of Alabama v. Garett, Sutton successfully challenged the constitutionality of applying the Americans with Disabilities Act of 1990 to states. He argued that the protections of the ADA were "not needed" to remedy discrimination by states against people with disabilities. In Olmstead v. L.C., Sutton argued that unnecessarily keeping people with disabilities in institutions was not discrimination, fortunately the Supreme Court did not agree. In other instances, Sutton has worked to undermine Title VII anti-discrimination measures, women's rights to sue their attackers under the Violence Against Women Act, and efforts to fight age discrimination under the Age Discrimination Act.

    Floor debate on Priscilla Owen started prior to the April recess, after a party line vote in the Judiciary Committee sent the nomination of the staunchly anti-abortion Texas Supreme Court Justice to the Senate floor for approval. Senate Democrats have since begun a filibuster on Owen's nomination. Republicans unsuccessfully attempted to end the filibuster and force a vote on this controversial nominee on May 1st. Though Owen's nomination to the Fifth Circuit Court was rejected last fall, President Bush, in a controversial move, resubmitted Owen's nomination after Republicans regained control of the Senate. Democratic support for a filibuster must remain strong despite increasing Republican hostility, otherwise Owen, who has been described as the "far right wing" of the Texas Court, is likely be approved by the Senate.

    Democrats also continue to filibuster the nomination of right-wing D.C. Circuit Court nominee Miguel Estrada. Republican leaders have tried to end debate and force a vote on Estrada numerous times now, with no sign of relenting. Each time the Democrats have filibustered, preventing floor approval of this nomination. Estrada has refused to produce additional information that would help Democrats determine whether he has the necessary qualifications. Additionally, he has appeared vague and non-committal when asked about his position on abortion rights and many fear that Estrada may be the stealth candidate for an eventual Supreme Court appointment.

    As of early May, two other controversial Bush appellate nominees were awaiting Judiciary Committee votes—John Roberts, nominated to the D.C. Circuit and Deborah Cook, nominated to the Sixth Circuit. J. Leon Holmes, nominated to the Federal district Court in Arkansas has been voted out of committee and is currently awaiting a Senate floor vote.

    REPRODUCTIVE RIGHTS

    "Unborn Victims" Act Does Nothing to Deter Violence Against Women

    Abortion rights opponents are putting full force into pushing through the Unborn Victims of Violence Act of 2003 (UVVA). On May 7, the bill was introduced in the House with the title "Laci and Conner's Law" (H.R. 1997) by Rep. Melissa Hart (R-Pa.) and 117 cosponsors. The bill was also reintroduced in the Senate (S. 1019) on the same day by Sen. Michael DeWine (R-Ohio) and 31 cosponsors. The House bill is currently in the House Committee on the Judiciary, but a vote is expected in the Senate at any moment. George W. Bush has made it clear that he is anxious to sign just such an anti-reproductive rights bill into law, should both the House and the Senate pass it.

    Although no action has been taken since the UVVA was first introduced in the Senate in January, opponents of abortion rights are now making a concerted effort to pass this bill by linking it to the notoriety of the Laci Peterson case, the horrendous murder of the pregnant Modesto, Calif. woman. The termination of a wanted pregnancy is a horrible tragedy, but the UVVA and "Laci and Conner's Law" are not effective solutions.

    This legislation is being championed as a measure that would limit violence against women, but it is actually nothing more than a poorly disguised attempt to elevate fetal rights and establish the legal personhood of a fetus. By according statutory legal status to fetuses at all stages of prenatal development, the UVVA undermines the foundation of the Roe v. Wade decision. The UVVA would create a separate criminal offense of killing or injuring an "unborn child" while committing a federal crime against a pregnant woman. If passed, the legislation would make it possible to punish an offender for two separate crimes—hurting the woman and injuring or killing the embryo or fetus she is carrying—by redefining the legal status of a fetus as a human being. The passage of this bill would set a devastating precedent and encourage the expansion of "fetal rights" into other areas of the law. This would fundamentally challenge a woman's right to an abortion and is clearly a part of the anti-reproductive rights forces' agenda to dismantle Roe v. Wade. In fact, anti-choice Sen. Orrin Hatch (R-Utah) stated to a CNN reporter "They say it undermines abortion rights. It does, but that's irrelevant."

    Penalties for harming a fetus under the act are applied to "an unborn child," which is defined as "any member of the species homo sapiens, at any stage of development, who is carried in the womb." The Unborn Victims of Violence Act (and "Laci and Conner's Law") would give separate legal protection to any fertilized egg, embryo, or fetus. If passed, the sentence for harming a fetus, at any stage, would be equal to that already imposed for harming a woman.

    The focus surrounding this issue should be on punishing perpetrators of violence against women. Nearly one in three women report being physically assaulted during pregnancy and murder is the leading cause of death among pregnant women. This legislation, however, is restricted solely to federal crimes and crimes committed on federal property and would punish only some perpetrators of violence against pregnant women. The bill would do little to deter the hundreds of thousands of violent acts against pregnant women committed each year. If members of Congress really want to honor Ms. Peterson's memory and prevent more tragic deaths of this nature, they should expand and fully fund violence against women programs, support programs that promote healthy childbearing, and develop criminal laws that focus on the harm suffered by women who are victimized while pregnant.

    On May 22, Rep. Zoe Lofgren (D-Calif.) introduced the Motherhood Protection Act (H.R. 2247) as an alternative to "Laci and Conner's Law" and the UVVA. The Motherhood Protection Act is similar to an amendment offered by Rep. Lofgren in both 1999 and 2001. It creates a separate criminal offense for harming a pregnant woman and provides stiff sentencing, but does so without recognizing the fetus as a separate person. The Motherhood Protection Act more effectively places the focus on the violence against the pregnant woman and prevents the establishment of the personhood of the fetus.

    Abortion Procedures Ban Comes Closer to Becoming Law

    A vote is set the week of June 2-6 for the so-called Partial Birth Abortion Ban (H.R. 760). The abortion procedures ban bill is sponsored by anti-reproductive rights leader Rep. Steve Chabot (R-Ohio) and 161 other cosponsors and would prohibit most common and safe abortion procedures. The term "partial-birth" abortion is not a medical term, but rather a political one. The language of H.R. 769 does not limit the ban to procedures performed after viability, nor is the ban limited to abortions performed in the third trimester—as some news reporters mistakenly repeat. Because various provisions of H.R. 760 are so vague, physicians may stop performing abortions altogether if the bill becomes law.

    Women's reproductive rights are threatened now more than ever with opponents of abortion rights in control of both houses of Congress and as well as the White House. George W. Bush has announced his support for the bill and his intent to sign it into law upon approval by both houses, making it absolutely crucial for the survival of abortion rights that this bill be defeated.

    On March 13, 2003 the Senate approved the Partial-Birth Abortion Ban bill (S. 3), sponsored by Sen. Rick Santorum (R-Pa.) and 43 cosponsors by a vote of 64 to 33. Among the sixteen democrats voting in support of the bill were Sens. Bayh (D-Ind.), Breaux (D-La.), Byrd (D-W.Va.), Senator Carper (D-Del.), Conrad (D-N.D.), Daschle (D-S.D.), Dorgan (D-N.D.), Hollings (D-S.C.), Johnson (D-S.D.), Landrieu (D-La.), Leahy (D-Vt.), Lincoln (D-Ark.), Miller (D-Ga.), Nelson (D-Neb.), Pryor (D-Ark.) and Reid (D-Nev.).

    The Supreme Court ruled in Stenberg v. Carhart in 2000 that the Nebraska partial-birth abortion ban was unconstitutional because it did not provide an exemption that would protect the health of the woman. H.R. 760 not only fails to provide for the health of the woman, but also argues (falsely) that abortion is never medically indicated to preserve a woman's health. In fact, complicating threats to a pregnant woman's health and life do arise when cancer is diagnosed, heart disease or another chronic or fatal condition is present, or when there is a fetus with severe abnormalities. For these and other reasons, this legislation is not supported by respected professional medical associations. It is OPPOSED by the American College of Obstetricians and Gynecologists, the American Medical Women's Association, the American Nurses' Association and the American Public Health Association. Despite assertions by abortion rights opponents, the American Medical Association does NOT support this legislation.

    Victory! Anti-Contraception Amendment Beaten Back

    In a rare victory for reproductive rights supporters, a regressive amendment that would have denied access to contraceptives for runaway and homeless teen-agers was turned back in committee recently. Unfortunately, an equally important vote resulted in denial of sterile needles and syringes to runaway youth.

    The House Education and the Workforce Committee approved by a voice vote the Runaway, Homeless, and Missing Children Protection Act (H.R. 1925) on May 15. Five days later, the bill was passed on the House floor by a vote of 400-14 and sent to the Senate, where it was referred to the Committee on the Judiciary. If passed, the act will authorize $105 million through FY2008 for programs aiding runaway and homeless children. Intended to draw bipartisan support, the bill has few controversial clauses. However, Rep. Marilyn Musgrave (R-Colo.) attempted to change that by introducing two amendments to the bill while in committee.

    The first amendment would have prohibited the use of federal funds for the distribution of sterile syringes and needles to homeless and runaway children and teens. This amendment passed on a voice vote, despite the fact that many Democrats opposed it. The opposing Democrats argued that the distribution of sterile needles and syringes could help to prevent the spread of HIV/AIDS and other diseases.

    Rep. Musgrave's second amendment attempted to bar the distribution of federally purchased contraceptives to runaway and homeless children. This amendment was defeated by a vote of 12-29, with seven Republicans voting with all 22 Democrats against it. Rather than providing increased aid to homeless and runaway children, as the bill was intended to do, Rep. Musgrave attempted to deny them access to vital protection. As Rep. Raul Grijalva (D-Ariz.) said, "Restricting access to contraception only serves to further jeopardize the health of these most vulnerable youth by putting them at increased risk of pregnancy and STD infection."

    Military Abortion Ban Retained in DoD Appropriations Bill

    The Defense Department FY2004 Authorizations Bill (H.R. 1588/ S. 1050) would authorize $400.5 billion in military spending for fiscal year 2004; the Senate passed the bill by 98-1 on May 22. The same day the House also voted to pass its version of the bill by a vote of 361-68. Among its many provisions, the appropriations measure requires the Secretary of Defense to establish a military task force to address the issues of violence and sexual assault at the U.S. military academies. (See related article about the Air Force Academy sexual assault investigation.)

    However, the bill also maintains the harmful law forbidding women in the military and dependents of military personnel to obtain abortions on overseas military bases with the use of federal or private funds. As the law stands, if a woman's life is in danger, an abortion may be performed with the use of federal funds. If a woman is able to prove that her pregnancy is the result of rape or incest, she may then use private funds to have an abortion on an overseas military base. But if a woman desires an abortion for any other reason, she must either use the local medical services, no matter how inadequate, or travel back to the United States. In many countries where U.S. overseas military bases are located, the local hospital and medical services are inadequate, unclean, or unsafe. Women should not be forced to subject themselves to medical procedures under such conditions.

    Should a woman in the military become pregnant and choose to have an abortion, her options are grim. If she chooses to use the local medical services, she runs the risk of improper treatment or infection. If she should she decide to return to the United States for an abortion, she must apply for leave. In order to take leave, the servicewoman must explain to her supervisor her situation and her desire to have an abortion. The supervisor is then in a position to refuse leave or to hinder the career advancement of the woman.

    Lt. Gen. Claudia Kennedy (retired), the highest-ranking woman in the armed services, has written a letter opposing the ban on the use of private funds for abortions on overseas military bases and supporting a Senate amendment overturning this ban. In her letter to Sens. Olympia Snowe (R-Maine) and Patty Murray (D-Wash.), the sponsors of the amendment, Gen. Kennedy recalled the personal experience of a soldier under her command who received an abortion at a German clinic. The abortion was done without the use of any painkillers and the language barrier prevented the woman from fully understanding the directions or what was being done to her body. She also had a difficult time obtaining follow-up care.

    The amendment offered by Sens. Snowe and Murray during floor debate attempted to lift the ban on the use of private funds, allowing women to privately pay for abortions on U.S. overseas military bases. The amendment was defeated by a vote of 48-51. A similar amendment, introduced by Rep. Loretta Sanchez (D-Calif.), was defeated in the House by a vote of 201-227. These amendments would have given military women stationed overseas and dependents of military personnel the right to access safe abortions without fear of repercussion.

    WOMEN'S HEALTH

    State Budget Crisis: What's at Stake for Women's Health

    2004 is expected to be the third year in a row of state budget shortfalls. As a result, states are being forced to cut significant funding from various programs, including Medicaid and Medicare healthcare programs. Medicaid provides healthcare coverage for the low-income elderly, the disabled, low-income parents (predominantly single mothers), and pregnant women. Overall, around 70 percent of the beneficiaries of Medicaid over the age of fifteen are women, making it a crucial program for the maintenance of women's health. Unfortunately, 28 states currently have specific Medicaid funding shortfalls. In addition, 40 states are reducing their Medicaid prescription coverage in order to cut spending, while 19 have changed their program eligibility requirements in order to decrease the number of qualified individuals. These budget cuts are leaving countless women and children stranded without adequate healthcare coverage.

    Currently Medicaid is a federal entitlement program, meaning that states are guaranteed federal funding for the coverage of all eligible residents. States set their own eligibility requirements determining the range of services to be offered and the federal government provides between 50 and 75 percent of the funding for the state Medicaid program. In the face of state fiscal crises and severe budget cuts, Congress has two options: it can provide the states with increased funding or it can limit the federal liability for Medicaid. Providing states with additional funding and fiscal relief would ensure the continuation and maintenance of Medicaid and Medicare healthcare coverage programs. In contrast, limiting federal liability, the option proposed and supported by the Bush administration, would end the entitlement nature of Medicaid. Although this would give states greater flexibility in implementing Medicaid programs, it would severely decrease federal funding for the programs and could prevent states from being able to provide services for all eligible residents.

    In this time of economic crisis, it is crucial that states continue to provide Medicaid and Medicare healthcare coverage for their residents, particularly women and children. The Bush administration and federal government need to focus on supplying financial aid and fiscal relief for the states so that necessary social welfare programs, such as Medicaid, may be maintained.

    Bill Would Provide Health Care Access for Immigrant Women, Children

    A 2001 Urban Institute study found that children of immigrants are more than twice as likely as children of natives to be in poor or fair health condition and nearly three times as likely to not have a usual source of health care. Under current law, legally present immigrant pregnant women and children who arrived in the U.S. after August 22, 1996 are not allowed to receive Medicaid or the State Children's Health Insurance Program (SCHIP) for the first five years that they are in the country. Unfortunately, this arbitrary deadline prevents some working, tax-paying legal immigrant women and children from receiving necessary health care coverage. The failure to provide crucial preventive care for children and prenatal care for pregnant women can lead to the necessity of more expensive care later on in life or after birth.

    On April 9th Sens. Bob Graham (D-Fla.) and Lincoln Chafee (R-R.I.) introduced the Immigrant Children's Health Improvement Act (ICHIA) (S. 845) and Reps. Lincoln Diaz-Balart (R-Fla.) and Henry Waxman (D-Calif.) introduced a bill by the same title (H.R. 1689) in the House. ICHIA would give states the option of using federal funds to provide health care for legally present immigrant children and pregnant women, regardless of when they came to the U.S. Currently, states are not able to use federal funds to provide health care services for all immigrant women and children, which has posed a financial challenge to many states using state money to fund health care for immigrants during this time of fiscal crisis.

    The bill would treat lawfully present immigrant women and children the same as citizen women and children, making them eligible to receive health care coverage through Medicaid and SCHIP. The bills were referred to the Senate Subcommittee on Health and the House Committee on Finance, where they are still pending.

    GLOBAL FEMINISM

    Biden Bill Would Protect Women, Children in War

    According to the Save the Children organization, approximately 90 percent of today's war casualties are civilians, primarily women and children. In addition, nearly 80 percent of those people uprooted from their homes due to war are women and children. These statistics demonstrate the great need for protective legislation to allocate additional resources for the treatment and prevention of wartime violence against women and children and to increase awareness of sex-based violence during times of conflict. In response to the great need for such legislation, Sen. Joseph Biden (D-Del.) introduced the Women and Children in Armed Conflict Protection Act of 2003 (S. 1001) on May 6th.

    The bill calls for $45 million in funding for the detection and prevention of and response to violence against women and children during times of armed conflict. It also demands that the U.S. government develop an integrated strategy for protecting women and children during times of armed conflict and that this strategy be reported to Congress. In addition, the bill calls for the prohibition of giving aid to any humanitarian agency that has not yet adopted a code of conduct to protect its beneficiaries from sexual abuse and exploitation. The Women and Children in Armed Conflict Protection Act of 2003 also designates a "protection coordinator" to oversee the implementation of the efforts set forth in the bill.

    The Women and Children in Armed Conflict Protection Act of 2003 calls for the U.S. government to play an active role in improving the situation of women and children in armed conflicts. It requires that the government assess the special protection and health needs of women and children in such situations and that at least 20 percent of all funding for health services for refugees and displaced persons be used to meet the particular health needs of women and girls. Recognizing that rape is a special problem, the legislation takes a important step in promoting services to prevent sex-based violence during times of armed conflict and war.

    Kucinich Advocates for a Department of Peace

    Presidential candidate Rep. Dennis Kucinich (D-Ohio) and 46 co-sponsors introduced a bill to create a Department of Peace (H.R. 1673) on April 8th. The bill calls for the establishment of a separate Department of Peace with a presidential appointed Secretary of Peace. The purpose of the department would be to promote non-violence as an organizing principle in the U.S., in regards to both domestic and foreign policy. The department would focus on a broad approach to peaceful conflict resolution. The bill also authorizes the creation of a Peace Academy, modeled after the military academies, which will provide four-year programs concentrating on peace education and would require students to serve in public service programs dedicated to nonviolent conflict resolution for five years after graduation.

    The Department of Peace would be responsible for addressing the domestic issues of child abuse, mistreatment of the elderly, and domestic abuse through the development of relative policies. Internationally, the Department would focus on analyzing foreign policy and making recommendations on issues of national security, human rights, and the prevention and de-escalation of armed conflict.

    Maloney Chides U.S. Delegation on Anti-Women's Rights Stance

    Recently, Rep. Carolyn Maloney (D-N.Y.) sent a letter to the Secretary of State, Colin Powell, questioning and criticizing the actions of the U.S. delegation at the U.N. Commission on the Status of Women held in New York City in April. According to Rep. Maloney's letter, the U.S. delegation called for the deletion of crucial paragraphs in the agreed upon conclusions on human rights and violence against women. Much of the language that the U.S. delegation opposed had been previously agreed upon at past conferences. The position of the U.S. delegation at the New York conference placed it in line with the delegations from Iran, Sudan, and Pakistan, which also called for the deletion of particular paragraphs.

    Rep. Maloney's letter quoted Powell as saying "Brutality against women, the mutilation of women, trafficking of women and rape can never be justified, whatever the circumstances, creed, country, or culture." Yet the U.S. delegation sided with such states as Sudan, Iran, and Pakistan, all of which have denied the rights of women and have used specific religious and cultural traditions to justify brutal and abusive behavior towards women.

    The U.S. delegation's refusal to agree to the language supported by a majority of the represented countries led to a stalemate. The result was that, for the first time in the history of the U.N. Commission on the Status of Women, the body was not able to reach a consensus on the discussed issues. In addition, Rep. Maloney's letter claims that the U.S. delegation focused more on the impact of violence against women on employers and the economy, rather than on the health and treatment of the victims.

    NOW commends Rep. Maloney and her efforts to bring to light this disgraceful action of the U.S. delegation to the U.N. Commission on the Status of Women.

    NOW Foundation public policy associate Nicole Casta and NOW Government Relations Intern Erin Bradrick contributed to this report. For further information, please contact NOW Government Relations Director Jan Erickson at (202) 628-8669, ext. 122 or by emailing a message to govtrel@now.org. The report can be found on the NOW website at http://www.now.org. If you would like to obtain copies of any legislation referred to in this report, consult the website for Congress at http://thomas.loc.gov or call your senator or representative and ask them to send you the information (free of charge).

  • email thisSend or printable versionPrint this page

    join or give to NOW

    stay informed

    to choose from our lists


    NOW Foundation

    NOW PACs

    NOW on Campus

    Easy Online Shopping!
    It's Fly to Be a Feminist We've put great new t-shirts on sale, as well as ALL of our books! Shop!
    amazon.com If you can't find what you need at the NOW store, check out our new amazon.com store for NOW staff picks and all amazon.com items -- including Mother's Day gifts and more!
     
     
     

    Actions | Join - Donate | Chapters | Members | Issues | Shop | Privacy | RSSRSS | Links | Home

    Copyright 1995-2008, All rights reserved. Permission granted for non-commercial use.
    National Organization for Women