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An Anniversary Present to Griswold

Posted by Steph Sterling, Director of Government Relations and Senior Advisor | Posted on: June 07, 2007 at 02:03 pm

by Steph Sterling

Today is the 42nd anniversary of Griswold v. Connecticut, the landmark case that held there is a constitutional right to privacy that protects the right of married couples to use contraception.  It looks like the reminder is just in time.

Last week, there were news reports that a 49-year old woman seeking birth control for medical reasons went to Anderson Family Pharmacy in Great Falls, Montana.  The pharmacist gave her a slip of paper saying the pharmacy would no longer carry contraceptives.

Then, the pharmacy signed onto this Mother’s Day ad in the Great Falls Tribune, to let us know that “[t]he devotion and sacrifice of mothers over the years and the continual care and concern for their unborn has [sic] been the cornerstone of the family,” and that “[a]s health-care professionals, we call upon the American people to once again reaffirm the right to life for future generations of the unborn and join with us in our efforts to restore respect, dignity and value to each human life -- born or unborn."

Don’t get us started about the idea of justifying paternalistic policies – particularly Congressionally-mandated, Court-enforced policies – in the name of protecting “the bond of love the mother has for her child.”    But I’m saving today’s outrage for the Anderson Family Pharmacy’s decision to “reaffirm … efforts to restore respect, dignity, and value to each human life” by refusing to carry contraceptives.

Enough is enough.

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Title IX: Miles to Go Before We Sleep

by Neena Chaudhry

Thirty five years after Title IX was passed, women’s participation in college sports still lags far behind men’s, and contrary to what some Title IX opponents would have you believe, men’s overall participation has not suffered but rather has continued to increase.  These are two of the key findings of a comprehensive study of colleges over the past 10 years released yesterday by the Women’s Sports Foundation.

The study finds that even though women are close to 55% of the undergraduate students at colleges, they receive only about 41% of the opportunities to play sports.  In addition, while the number of women’s teams grew substantially in the late 1990s, this growth slowed quite a bit in the early 2000s, with only about one quarter of schools adding a women’s team between 2001 and 2005, as compared to 66% of schools adding a women’s team between 1995 and 2001.

Men’s overall participation has also increased: between 2001 and 2005, male participation grew by about 10,000 athletes, roughly the same amount as female participation grew during this time (11,000 athletes).  Some men’s sports experienced substantial declines in participation (volleyball, tennis, wrestling), as did some women’s sports, but other men’s sports grew by much larger amounts (football, baseball, lacrosse and soccer).

So what’s the bottom line?

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Gonzales v. Carhart: Just How Bad Is It?

Part 3: The Court Weakened a Standard of Abortion Law
by Gretchen Borchelt

This entry in the Gonzales v. Carhart series concerns a technical legal point, but it is crucial.  It’s about the standard courts use when reviewing whether laws limiting access to abortion are constitutional.  As I’ll explain, the Court in Gonzales v. Carhart weakened the standard, which is likely to mean that more restrictions on abortion will be upheld by courts.

First, a little background:  Courts use different standards of review to determine whether government restrictions on constitutional rights are valid.  In a 1992 case, Planned Parenthood of Southeastern Pennsylvania v. Casey, the Court adopted the “undue burden” standard for abortion restrictions.  The Court said if a “state regulation has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion,” it imposes an undue burden and courts must strike it down.  Although this was a weakening of the standard originally adopted by the Court in Roe v. Wade (that was “strict scrutiny,” which essentially presumes restrictions are unconstitutional), the undue burden standard still represented an elevated standard of review.

But in Gonzales v. Carhart, the Court weakened the undue burden standard in two different ways.

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The Rise (and Fall) of the Bottom Fifth

Posted by Joan Entmacher, Vice President for Family Economic Security | Posted on: June 01, 2007 at 01:00 pm

by Joan Entmacher

In an op-ed this week titled "The Rise of the Bottom Fifth," Ron Haskins points to a finding in a recent study by the Congressional Budget Office—that the lowest-income fifth of households with children experienced a larger percentage increase in average income between 1991 and 2005 than all other groups except the top fifth—as demonstrating the success of the 1996 welfare law.   

But he doesn’t mention another CBO finding:  that between 2000 and 2005, the bottom fifth experienced a far larger drop in income than any other income group.  (The second-to-the-bottom fifth experienced the next largest drop.)  Even with their “big increases in income,” families in the bottom fifth “enjoyed” an average income of just $16,800 in 2005—less than the poverty level for a family of four in 2005. And it’s strange that he claims that the study shows that income inequality in America is not increasing—when he acknowledges that the study finds that the biggest income gains in percentage terms (and, of course, in dollars) went to those already at the top.  (Their average income in 2005 was $175,800.)

To his credit, Haskins recognizes the importance to low-income families of government policies such as the Earned Income Tax Credit, child care, and health care, to improve living standards and make work pay.  But the “trend in federal policy to improve programs that help low-income workers” that Haskins mentions, like the trend toward increased income, largely ended after 2000. 

Since 2000, federal funding for child care assistance has stagnated.

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A Bill to Help Prevent Unintended Pregnancies AND Save Money

Posted by Steph Sterling, Director of Government Relations and Senior Advisor | Posted on: May 31, 2007 at 05:46 pm

by Steph Sterling

We’ve all heard talk about the need to prevent unintended pregnancies.  But for years, Congress has focused on new and creative ways to deny women access to abortions, without getting at the real root of the problem.   

That’s why Congresswoman Nita Lowey and Senator Hillary Clinton recently introduced the Unintended Pregnancy Reduction Act (the “UPRA”).  The bill’s acronym may be uninspired, but the bill itself is an inspired solution to the problem of unintended pregnancies.   

The UPRA would give low-income women across the country access to contraceptive services to help prevent an unintended pregnancy on par with their access to pregnancy-related care if they do become pregnant.  In other words, if a state will pay for a woman’s pregnancy-related care, it would also have to pay for a woman’s access to contraception.  Greater access to contraceptive care is not only something women want and need, it also makes good public health sense.  The Centers for Disease Control even listed family planning as one of the top ten public health achievements of the 20th century.

Great.  Yet another proposal to expand access to health care, you say.  But how do we pay for it?  Here’s the best part: this bill saves money.

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The Supreme Court Gets It Wrong - Again

Posted by Dina Lassow, Senior Counsel | Posted on: May 29, 2007 at 08:38 pm

by Dina Lassow

Once again, the Supreme Court has delivered a blow to women—this time courtesy of an opinion written by Justice Alito that limits women’s ability to challenge pay discrimination against them.  In Ledbetter v. Goodyear Tire & Rubber Company, Justice Alito, writing for a slim majority in a 5-4 decision, said that Lilly Ledbetter should not have been able to sue to challenge the proven sex-based pay discrimination for which a jury had awarded her damages under Title VII.  She had lost that right because she had not challenged her lower pay soon enough after the discrimination began—even though she continued to be paid less than her male colleagues by escalating amount, with every paycheck she got.

This result is tremendously damaging to women—and, indeed, to all who are subject to discrimination in pay.  It also ignores the realities of the workplace.  Women may not initially know that they are being paid less than men; in fact, some employers bar employees from discussing their paychecks with their colleagues.  Even if women do know and are suspicious of the reasons they are paid less, they may want to try to work it and not to immediately take their employers to court.

The consequences of pay discrimination are profound.

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