War on Women

The "War on Women" describes the legislative and rhetorical attacks on women and women’s rights taking place across the nation. In includes a wide-range of policy efforts designed to place restrictions on women's health care and erode protections for women and their families. Examples at the state and federal level have included restricting contraception; cutting off funding for Planned Parenthood; state-mandated, medically unnecessary ultrasounds; abortion taxes; abortion waiting periods; forcing women to tell their employers why they want birth control, and prohibiting insurance companies from including abortion coverage in their policies.

Abortion Ban Plays Politics with Women’s Health

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 10:03am

The House Judiciary Committee has held eight anti-abortion or anti-family planning votes or hearings so far this Congress.  This morning, they’re scheduled to make it nine.  The Committee will be considering the so-called “District of Columbia Pain-Capable Unborn Child Protection Act,” which would ban abortion in the District of Columbia at 20 weeks.   

Arkansas Passes Most Extreme Abortion Ban in the Nation

By Elissa Berger, Advocacy and Policy Counsel, ACLU at 4:24pm

Today the most severe abortion ban in the country passed in Arkansas. This is a sad day, not only for the women and families of Arkansas, but for women across the country.

This afternoon, the Arkansas House voted to override Gov. Mike Beebe's veto of a bill that would ban most abortions after 12 weeks, just days after the state Senate also voted to do so, making the bill law.

History Is On Our Side: Why the Federal Contraception Rule is Constitutional

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Anthony Rothert, Legal Director, ACLU of Eastern Missouri at 5:26pm

History has a way of repeating itself. Almost five decades ago a court in South Carolina considered a claim that a restaurant owner could refuse to serve African-American customers because integration of the races was against his religious beliefs. The court rejected that claim, and courts went on to do the same when faced with other, similar claims that religion can be used to discriminate. 

Pregnancy Discrimination: Another Battleground in the War on Women

By Ariela Migdal, ACLU Women's Rights Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office at 12:32pm

Access to birth control, forced ultrasounds – lately there’s been a lot of news about efforts to roll women’s rights back by decades. Less attention has been paid to the way in which pregnant women and nursing mothers have been stuck in the 1970s, or worse, when it comes to workplace equality.

Yesterday, the ACLU submitted comments to the Equal Employment Opportunity Commission – the body that enforces federal civil rights employment law – explaining how courts have been ignoring the basic premise of the Pregnancy Discrimination Act, and leaving women in the lurch.

Bringing Down Arkansas' House of Cards

By Becca Cadoff, Reproductive Freedom Project at 4:44pm

Yesterday, we filed a lawsuit in Arkansas to challenge what was, for a short time, the most extreme abortion ban in the nation. Don't be mistaken though, the Arkansas law is still outrageous - banning most abortions just a few weeks after a woman finds out she is pregnant. By passing this law, politicians are preventing a woman and her family from being able to make the most personal decision they might ever make.

More Challenges to the Contraception Rule, More Misguided Arguments

By Brigitte Amiri, ACLU Reproductive Freedom Project at 9:45am

There are now close to 40 challenges to the federal birth control rule, which ensures that employees have insurance coverage for contraception.  Why so many lawsuits, you ask?  The answer is not entirely clear, but one thing is certain: each case repeats the same misguided argument that an employer’s religious beliefs can be used as a license to discriminate against its female employees.  As we have explained in greater detail their legal claims are unsupported by a long history of cases.  We’ve filed friend-of-the-court briefs in several contraception suits discussing those cases, all of which rejected other attempts to use religious beliefs as a basis for discrimination.  In the last week alone, we’ve filed three briefs: one in a case in Michigan with the ACLU of Michigan, and two others with the ACLU of Illinois.

Religion Doesn’t Justify Discrimination: ACLU Files Brief in Third Contraception Rule Challenge

By Brigitte Amiri, ACLU Reproductive Freedom Project & Sarah Lipton-Lubet, ACLU Washington Legislative Office & Michael J. Steinberg, Legal Director, ACLU of Michigan & Sarah Mehta, Fellow, Immigrants' Rights Project, ACLU at 12:33pm

Another private company – this one sells lawn and snow removal equipment in Michigan – is challenging the federal rule that requires employers to provide insurance coverage for contraception without a co-pay. As we’ve written before, these cases are meritless and harken back to a time that we should not repeat. For example, in 1966, the Piggie Park restaurant in South Carolina refused to serve African-Americans because integration was against the owners’ religious beliefs. The same argument was used to try to get around equal pay and labor protections. The courts did not allow religion to justify discrimination then, and they should not do so now.  

ACLU Lens: Using Religion as an Excuse for Discrimination

By Robyn Shepherd, ACLU at 12:21pm

This week, the U.S. Conference on Catholic Bishops is holding its annual meeting in Baltimore. The bishops are the lobbying arm of the Catholic church, and they hold substantial sway over lawmakers. But instead of focusing on issues like poverty or the economy, the bishops are instead complaining loudly that recent laws broadening women’s access to contraception and granting same-sex couples the freedom to marry amount to an assault on their religion.

However, as this Media Matters piece attests, this is hardly the case.

Enough is Enough: Headed to Court to Stop the Arkansas War on Women

By Hayley Smith, Advocacy and Policy Associate, ACLU at 2:17pm

Today we filed litigation challenging a new law in Arkansas that bans abortion starting at 12 weeks – a law that is a clear violation of state legislators' duties to preserve, protect and defend the state and federal constitutions. Our lawsuit asks the court to block this blatantly unconstitutional ban, which violates numerous Supreme Court decisions dating back 40 years. A stubborn group of legislators insisted on rushing the bill through the legislature, refusing to listen to admonitions by doctors and even the Governor himself.

Kansas No Longer A Place to Call Home?

By Becca Cadoff, Reproductive Freedom Project at 1:01pm

After her adventures in Oz, Dorothy couldn’t wait to get back to Kansas. But if she lived there now, she might not be so eager to return.  Governor Sam Brownback has just signed yet another bill that makes it more difficult for Kansas women to get the health care they need.

This behemoth 70-page sweeping anti-abortion bill attacks women’s health care from a variety of angles.  It could impose new taxes on a woman who obtains an abortion and on the health center where she obtained it, and it could require doctors to inform patients about a supposed link between abortion and breast cancer — a risk that the National Cancer Institute, the American Cancer Society, and other medical experts roundly reject. The law also includes language about the legal rights of fertilized eggs, which lays the groundwork for even more extreme measures blocking access to reproductive health care.

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