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Pro-Life Laws

(Link thanks to Echidne of the Snakes 2007-11-07.)

Late in October 2006, the governing male Left in Nicaragua decided to pass a strict new abortion law, which criminalized both elective abortions and so-called therapeutic abortions. There are no exceptions, not even to save a woman’s life. The legislative sell-out was calculated to help cast the Sandinista party as the party of reconciliation, and to help male revolutionary Daniel Ortega skim some votes away from the Catholic Right in his bid for the Presidency early that November. Daniel Ortega won that election. Here is who lost.

MANAGUA, Nicaragua — Two weeks after Olga Reyes danced at her wedding, her bloated and disfigured body was laid to rest in an open coffin — the victim, her husband and some experts say, of Nicaragua’s new no-exceptions ban on abortion.

Here is how the pro-life government’s pro-life laws and threats of pro-life prisons killed this young woman.

Reyes, a 22-year-old law student, suffered an ectopic pregnancy. The fetus develops outside the uterus, cannot survive and causes bleeding that endangers the mother. But doctors seemed afraid to treat her because of the anti-abortion law, said husband Agustin Perez. By the time they took action, it was too late.

Nicaragua last year became one of 35 countries that ban all abortions, even to save the life of the mother, according to the Center for Reproductive Rights in New York. The ban has been strictly followed, leaving the country torn between a strong tradition of women’s rights and a growing religious conservatism. Abortion rights groups have stormed Congress in recent weeks demanding change, but President Daniel Ortega, a former leftist revolutionary and a Roman Catholic, has refused to oppose the church-supported ban.

Evangelical groups and the church say abortion is never needed now because medical advances solve the complications that might otherwise put a pregnant mother’s life at risk.

Surprisingly, quite in spite of the fact that evangelical groups and the church apparently know more about an individual woman’s emergency medical needs than either the woman herself or her gynecologist, the results of this pro-life law have been somewhere between 3 and 15 women needlessly dead.

But at least three women have died because of the ban, and another 12 reported cases will be examined, said gynecologist and university researcher Eliette Valladares, who is working with the Pan American Health Organization to analyze deaths of pregnant women recorded by Nicaragua’s Health Ministry.

… Law student Reyes was one of the three confirmed fatalities. She knew something was horribly wrong, and went with her husband to their small town’s medical center. They were sent to Bertha Calderon maternity hospital, more than an hour away in Managua. There, Perez said, Reyes was given a cursory exam, sent home and told to return the next day.

By that time, the bleeding and cramping were worse. Perez said he rushed her to a hospital in nearby Leon, but after she had an ultrasound that confirmed her condition, they left her bent over and in agony for hours in a waiting room. When a doctor at a shift change saw her condition, she was rushed into surgery. She suffered three heart attacks and an exploratory surgery.

Valladares said doctors should have acted quicker.

They knew she had a limited amount of time before she bled out. The whole world knows that with an ectopic pregnancy, Valladares said. They didn’t treat her, out of fear.

The hospital director, Olga Maria de Chavez, said Reyes arrived late at night, and was told to return the next morning when specialists were available. The doctors who handled her case in Leon refused to talk to The Associated Press.

Walter Mendiata, president of Nicaragua’s Association of Gynecologists and a supporter of the abortion ban, said doctors are taking the new law too far. He argues that surgery for an ectopic pregnancy isn’t the same as carrying out an abortion.

There’s no discussion in a case like that, he said. It’s urgent, and you operate.

But he acknowledged that many doctors fear they will be accused of performing an abortion, which could mean a license suspension and several years in prison, even though no one has yet been prosecuted.

Some doctors privately admit to carrying out what they believe are illegal procedures, while others say they won’t jeopardize their careers.

Many are thinking that instead of taking the risk, it is better to let a woman die, said Dr. Leonel Arguello, president of the Nicaraguan Society of General Medicine.

— Traci Carl, Lansing State Journal (2007-11-05): In Nicaragua, doctors say no-exceptions abortion ban causing deaths

Here is something I said a few years ago, comparing a recent shooting in an abortion clinic to the progress of anti-abortion legislation:

Now, you might think that it’s unfair of me to sit here pinning the actions of one abusive boyfriend on the anti-abortion movement as a whole—but how are Jeffrey Fitzhenry’s actions different in any salient respect from the legal action that pro-life laws are pushing pro-life prosecutors to take in Macomb County? Enforcing laws that stop young women from obtaining medical abortions means stationing armed men who are ready to shoot you in the neck to keep you from getting an abortion. Enforcing laws that punish women for getting an unauthorized abortion means using violence against young women who try to get one through other means. The fact that the abusive sociopath wears a suit and works in Congress does not make it any different. The fact that the shooting is done by men with badges does not make it any different. The fact that any complaints against the men who shoot you will be dismissed by men in black robes does not make it any different. The only difference is that Jeffrey Fitzhenry is only one sociopath, with only one woman as his target. The pro-life state would be a sociopath with armies at its disposal, with all young women as its targets.

In Nicaragua, as in the U.S., they are building a culture of life at the barrel of a gun.

Masculinity Studies 101: Color Coding

Today’s lesson comes to us (thanks to Feminist Law Professors) from a recent trend-story from Ananova on gun stores’ efforts to draw women in as customers:

Firearms shops in the US are stocking pink rifles and shotguns to encourage girls to get into shooting.

A report in the Milwaukee Journal-Sentinel says the Gander Mountain hunting store in Waukesha stocks several pink guns.

They include a Remington 20-gauge shotgun with a pink and black stock emblazoned with the slogan: Shoot like a girl if you can!

Store manager Chris Hanson said the guns were aimed, so to speak, at girls and women interested in hunting.

He said the shotgun, and a Crickett rifle with a bright pink stock, were both selling well.

In Baraboo, Jim Astle, owner of Jim’s Gun Supply in Baraboo, has been coating guns in pink and other colours for four years. His 12-year-old daughter owns a pink camouflage shotgun.

Females want to shoot guns, but they want them to look pretty, too, he said. Guys could give a rat’s butt what their gun looks like.

Now, if it were true that guys emphatically don’t care what their gun looks like, then you would expect that a guy would be just as happy to carry a gun that looks like this:

an AR-15 assault rifle painted pink

… as he would a gun that looks like this:

an black AR-15 assault rifle

I encourage you to give any gun-loving male that you happen to know the choice between the two, and see whether he is really indifferent to how his gun looks.

Most men actually have very strong preferences respecting fashion, appearance, color, and so on. Male society enforces these preferences as prevailing norms for masculinity, vigorously and often violently. Anyone who pays a few second’s worth of attention to branding in pop culture can find this out, if he or she did not already know it. But because men and their preferences are treated as the default case, especially when it comes to echt-male pursuits such as shooting, these strong preferences are rendered invisible, whereas women’s are marked out for special observation and remark. This has the further effect of allowing men to pose as especially pragmatic, as if they are coolly unconcerned with pursuits and preferences that they characterize as both feminine and frivolous. Even though, in fact, they have similar pursuits and similar preferences with which they are no less concerned.

Public schooling

One of the worst things about so-called public education, i.e. government-controlled schooling, is that students are forced into an institution that they consistently find unpleasant and boring, whether or not the individual student thinks that it’s worth the trouble. That fact, combined with the fact that the victims are all young and many of them are poor or black or otherwise marked as at-risk youth in need of special surveillance and control, naturally and systematically corrupts the way that the school relates to its students. It leads administrators and political decision-makers to focus on restraining the unruly behavior of the coerced students, by making authority, control, security, and discipline top priorities. In practice this means monitoring, intimidation, and coercion. These facts in turn result in attitudes and institutional practices throughout State schools that are often hard to distinguish from those prevailing in a prison camp.

Here are three stories that have come out, just over the course of the past week, about the practices of administrators and uniformed thugs in American public schools. In particular, they are about three separate cases in which one or the other set out to maintain control over their school by physically brutalizing or sexually humiliating young women.

The first case, from Arizona, happened four years ago. It’s in the news today because the famously liberal Ninth U.S. Circuit Court of appeals recently ruled that Safford Middle School officials were within the bounds of their legitimate authority when they forced a strip-search on a 13 year old girl — because a couple of student snitches claimed that she had some unauthorized ibuprofen on her, and the Authorities had to know for sure:

Safford Middle School officials did not violate the civil rights of a 13-year-old Safford girl when they forced her to disrobe and expose her breasts and pubic area four years ago while looking for a drug, according to the Ninth U.S. Circuit Court of Appeals ruling.

The justices voted 2-1 in favor of the Safford School District on Sept. 21. The decision upheld a federal district court’s summary judgement that Safford Middle School Vice Principal Kerry Wilson, school nurse Peggy Schwallier and administrative assistant Helen Romero did not violate the girl’s Fourth Amendment rights on Oct. 8, 2003, when they subjected her to a strip search in an effort to find Ibuprofen, an anti-inflammatory drug sold over the counter and in prescription strengths.

The girl’s mother filed a federal law suit against the district and Middle School officials because they forced her daughter to strip down to her underwear then move her bra and panties in such a way that her breasts and pubic area were exposed. The mother also asserts that she was not notified of the impending search.

In the opinion written by Judge Richard Clifton, Based on the information available to them, defendants (Safford School District, Wilson, Schwallier and Romero) had reasonable grounds for suspecting that the search of (the girl’s) person would turn up evidence that (the girl) had violated or was violating either the law or the rules of the school.

Clifton wrote that Wilson and the others had reasonable grounds for believing the girl had Ibuprofen based on conversations with two other students.

The other students said the girl possessed Ibuprofen and had distributed the drug to others, according to the court report.

— Diane Saunders, Eastern Arizona Courier (2007-09-26): Court rules school officials acted properly in strip search

The second case is from New York, where — in order to enforce a blanket no-bags policy putatively adopted for the students own health and safety — a member of the school goon squad decided that it was O.K. for him, an adult male ex-cop, to pull 14 year old girls carrying purses out of class and interrogate them about their menstrual cycles:

Grahamsville — Several television news crews from New York City are camped outside the Tri-Valley Central School following the story in today’s Times Herald-Record about what question a school security guard asked a 14-year-old female student.

The girl was called out of class by a security guard during a school sweep last week to make sure no kids had backpacks or other banned bags.

Samantha Martin had a small purse with her that day.

That’s why the security guard, ex-Monticello cop Mike Bunce, asked her The Question.

She says he told her she couldn’t have a purse unless she had her period. Then he asked, Do you have your period?

Samantha was mortified.

She says she thought, Oh, my God. Get away from me. But instead of answering, she just walked back into class.

At home, she cried, and told her mother what happened.

It appears that at least a few other girls were also asked the same question.

On Sept. 21, Martin and other girls were called to the office of Principal Robert Worden. Lisa Raymond, the assistant superintendent for business, was also there, Martin said.

They just asked me what he (Bunce) said. I told them, and they said thanks for coming, she said.

The small Sullivan County school has been in an uproar for the last week. Girls have worn tampons on their clothes in protest, and purses made out of tampon boxes. Some boys wore maxi-pads stuck to their shirts in support.

After hearing that someone might have been suspended for the protest, freshman Hannah Lindquist, 14, went to talk to Worden. She wore her protest necklace, an OB tampon box on a piece of yarn. She said Worden confiscated it, talked to her about the code of conduct and the backpack rule — and told her she was now part of the problem.

Tri-Valley Superintendent Nancy George, who has refused to meet with any reporters today, yestedar said that when Worden, Bunce and another staffer did the bag check, they were telling students to put the bags in their lockers. The administration is investigating whether they said anything more to some girls.

I have had some parents talk to me personally, and they gave me the names of some students who were asked, she said. We’re certainly not going to make light of this. It’s a very sensitive issue, but it needs to be handled. Parents with more information should call her directly, she added.

Raymond and Worden failed to return calls yesterday for comment. Bunce was not working yesterday, and his home phone number is unlisted.

Bunce was forced to retire from the Monticello Police Department in 2002 after he and the former chief were caught running their process-serving business on village time.

School board President Lori Mickelson declined comment.

The school banned backpacks in the halls this year for two reasons, George said: Student health, because heavy bags could hurt the kids’ backs or people could trip on them; and for security concerns, felt nationwide, about concealed weapons.

— Heather Yakin, Times Herald-Record (2007-09-28): The Question’ causes furor at local high school

Clearly the Authorities concerns about small purses and their contribution teenagers’ back problems outweigh minor considerations like the dignity and sexual privacy of 14 year old girls.

The third case comes from Palmdale, California, near Los Angeles, where a member of the school goon squad slammed Pleajhai Mervin, a young black woman at Knight High School, down on a table, twisted her arm behind her back, and broke her wrist — after she refused to follow his bellowed orders to make a fourth try at cleaning up the last bits of a slice of cake that she had accidentally spilled on the lunchroom floor. According to Mervin, the uniformed thug yelled hold still nappy head at her during the course of the attack. The fifteen-year-old young woman was then ticketed for littering, expelled from school, and arrested for battery against the beefy uniformed security thug who was breaking her wrist while other security goons hovered around. Two other black students — a 14 year old boy and his 16 year old sister — were tackled, held down, shoved around, handcuffed, and arrested for daring to film what was going on using their cell phone cameras.

School security guards in Palmdale, CA have been caught on camera assaulting a 16-year-old girl and breaking her arm after she spilled some cake during lunch and left some crumbs on the floor after cleaning it up.

… The girl, Pleajhai Mervin, told Fox News LA that she was bumped while queuing for lunch and dropped the cake. After being ordered to clean it up and then re-clean the spot three times, she attempted to leave the area out of embarrassment but was jumped on by security who forced her onto a table, breaking her wrist in the process.

Steve Watson, InfoWars (2007-09-28): School Guards Break Child’s Arm And Arrest Her For Dropping Cake

Mervin says a security guard slammed her against a table at a lunchroom at the high school and twisted her arms behind her back so violently, he broke her wrist. Her wrist is in a cast.

He put my arm behind my back and he started raising it until it hurt, so I told him, Stop, it hurts. He had slammed me on the table and told me to hold still. He called me a nappy-head, and that’s when I just started crying, said Mervin.

Mervin claims she was roughed up simply because she failed to pick up every crumb of a birthday cake she accidentally dropped on the floor of the lunchroom during a lunch-hour birthday celebration for a friend. She says she thought she cleaned up the mess, but the security guard thought otherwise.

He said, You have to come pick the rest of this cake up. So I said, I picked it up. He gets on his walkie-talkie, he got a call, so I just started walking to class, and that’s when he grabbed me, said Mervin.

Mervin says when the security guard realized he was being videotaped, he tackled the student shooting the video. She says another student captured photographs of that incident. She says the whole incident was unnecessary.

Leo Stallworth, KABC Los Angeles (2007-09-26): High School Security Guards Accused of Excessive Force

One security guard twisted the arm of 16-year-old Pleajhai Mervin behind her back and slammed her against a lunch table, fracturing her wrist, parents said.

I want justice, said Mervin’s mother, Latrisha Majors, who also was arrested. I want justice for my daughter. I want the guards to be held accountable for their actions.

Majors and her daughter were arrested in the Sept. 18 lunchtime incident, along with Joshua Lockett, 14, who videotaped the fight, and his sister, Kenngela Lockett, 16, who also suffered a fractured wrist.

Both Mervin and Kenngela Lockett attended the protest with their arms in slings.

Joshua Lockett, who was on probation for robbery, remained in juvenile custody on suspicion of violating his probation, sheriff’s deputies said.

We come to get an education, not to be hurt by security guards, said Kenngela, who said she tried to pull guards off her brother and was hurt while being handcuffed.

One guard, whose name has not been publicly released, has been placed on leave with pay pending an investigation by the Antelope Valley Union High School District. Attempts to reach the guard were not successful.

Los Angeles County sheriff’s deputies said the guard told them he felt threatened by Mervin.

There was resistance by her, Sgt. Darrel Brown said. He went to control her.

— Karen Maeshiro, LA Daily News (2007-09-29): Rally protests security guard acts.

Mainstream media sources such as the Los Angeles Times, KABC in Los Angeles, KSN (a local NBC affiliate), and the LA Daily News have repeatedly described what happened as a tussle … between a security guard and three students, as a scuffle with security guards, a melee with security guards, mayhem, etc. This apparently is what passes for accurate description of a professional uniformed security goon battering two high school girls and a fourteen-year-old boy, while he’s backed up by another security goon hovering around the area and clearly outweighs all of his victims. You can watch part of Joshua Lockett’s video of the scuffle at MyFox Los Angeles (2007-09-26) and MyFox Los Angeles (2007-09-28).

Oh No A WoC PhD (2007-09-30) has a YouTube montage of more photos and videos from this so-called melee, and also the contact information for school and city officials.

(Stories thanks to feministing 2007-10-01, Women of Color Blog 2007-09-30, Oh No a WoC PhD 2007-09-30, The Superfluous Man 2007-09-28, Radley Balko 2007-09-28, feministing 2007-09-28, and Majikthise 2007-09-28.)

State schooling, institutional racism, blanket zero-tolerance policies, and increasing police and security presence in schools have ensured that many if not most American schools are no longer primarily places of learning. They are guarded institutions whose primary focus is on command and control.

Further reading:

New York cops attack and pepper-spray trans activists

(Link thanks to feministing 2007-09-27.)

Cops in America are heavily armed and trained to be bullies, and they routinely hurt people who pose no serious threat to anyone, in order to establish, maintain, or take control of the situation. People who complain about this kind of rough handling are treated like trash, as if any level of intimidation and violence whatsoever were obviously legitimate, and the victims are to blame for provoking whatever they get. This is especially likely if the victims have features that mark them as targets for the special concern of the police — if they are black, or poor, or young, or Muslims, or immigrants, or women who speak loudly and forcefully, or queer, or political activists, or for whatever other reason. And they are especially vehement and arrogant about this kind of behavior when civilians dare to watch, record, and/or object to how the cops are treating somebody else.

In New York City, a group of cops who were hassling a young black man were questioned by members of the Sylvia Rivera Law Project outside an East Village bar. The cops turned their violent attention on these peaceably assembled people, grabbing a couple of people for arrest and then spraying pepper spray, apparently without warning and without provocation, into the rest of the crowd. Here is what SRLP has to say about it:

The Sylvia Rivera Law Project is an organization that works on behalf of low-income people of color who are transgender, gender non-conforming, or intersex, providing free legal services and advocacy among many other initiatives. On Wednesday night, the Sylvia Rivera Law Project was celebrating its fifth anniversary with a celebration and fundraising event at a bar in the East Village.

A group of our community members, consisting largely of queer and transgender people of color, witnessed two officers attempting to detain a young Black man outside of the bar. Several of our community members asked the officers why they were making the arrest and using excessive force. Despite the fact that our community was on the sidewalk, gathered peacefully and not obstructing foot traffic, the NYPD chose to forcefully grab two people and arrested them. Without warning, an officer then sprayed pepper spray across the group in a wide arc, temporarily blinding many and causing vomiting and intense pain.

This is the sort of all-too-common police violence and overreaction towards people of color that happens all the time, said Dean Spade,founder of the Sylvia Rivera Law Project. It’s ironic that we were celebrating the work of an organization that specifically opposes state violence against marginalized communities, and we experienced a police attack at our celebration.

We are outraged, and demand that our community members be released and the police be held accountable for unnecessary use of excessive force and falsely arresting people, Spade continued.

Damaris Reyes is executive director of GOLES, an organization working to preserve the Lower East Side. She commented, I’m extremely concerned and disappointed by the 9th Precinct’s response to the situation and how it escalated into violence. This kind of aggressive behavior doesn’t do them any good in community-police relations.

In the comments at Feministing, a law student who was there when it happens, elaborates:

From what I could tell last night: a group of queer and trans people, many of color, were gathered outside the bar where the fundraiser after-party was going on, talking and having a cigarette. Some of the attendees noticed a young black man being stopped by the police, who began arresting him. I am not sure if this man was part of the party or not. The police became agitated when the attendees (many of whom are lawyers, law students and legal workers since this WAS, after all, a fundraiser for a legal nonprofit) began questioning them on the nature of the arrest. The police demanded that everyone disburse and pepper sprayed an arc around them, leaving a number of individuals, including those who weren’t involved in conversation with police, crying, vomiting, and collapsed on the sidewalk. After this, some people ran to get water, and others attempted (and eventually received) the badge numbers and names of the arresting officers, and asked bystanders to write them down. After this, Dean Spade asked the crowd to go back inside, and I walked away since it was getting close to bedtime for me. This is as much as I could tell.

I still do not know what the two attendees were arrested for, nor what the young black man was detained (and arrested?) for.

In an update to the original notice, the Sylvia Rivera Law Project adds:

We are getting word that the arraignments are likely to happen during night court tonight [Thursday 9/27] some time between 5pm and 1am. If you can, go to the court to show support!

The arraignment court rooms are at 100 Centre St (Directions: No. 4 or 5train to Brooklyn Bridge Station; No. 6 train, N, R or C train to Canal Street; No. 1 train to Franklin Street; M1, M6 and M15 bus lines are nearby. 100 Centre Street is one block north of Worth Street,three blocks south of Canal Street.) Ask for directions to the arraignment rooms at the info desk when you enter.

And:

If you would like to receive email updates, send a blank email to sept26-subscribe@lists.mayfirst.org

Well thank God #7: Sagging and the new sumptuary laws

A couple years ago, the Virginia state legislature took bold action against a grave and gathering threat to democracy, freedom, and our way of life:

The House of Delegates voted 60 to 34 Tuesday to impose a $50 fine on anyone found wearing pants low enough that a substantial portion of undergarments is showing. Note the vote: It wasn’t even close.

About those pants: Lots of kids these days are conducting a large-scale experiment to see if trousers can defy gravity. This results in the widespread public exposure of underpants.

This greatly offends Del. Algie Howell Jr., a Democrat from Norfolk and author of the no-low-pants bill, which still faces a vote in the generally more skeptical Senate. People that live in my neighborhood don’t want to have to see undergarments, Howell told me. It’s not about individual rights; it’s about values. I own a group home; we take in kids who’ve been in trouble. Most of the men who come in in shackles and handcuffs are trying to hold up their pants. The way you dress does have something to do with how you behave.

Since the state has an interest in fighting unemployment and crime, Howell figures the state is right to ban a practice that he says makes young people less attractive as employees and more likely to turn to crime.

— Marc Fisher, Washington Post (2005-02-10): Droopy Drawers Drive Va. House To Distraction

Now here’s the latest from Delcambre, Louisiana:

The Delcambre Board of Aldermen outlawed indecent exposure in the form of sagging pants Monday, but not before several residents voiced their objections.

The board voted unanimously to make it illegal for anyone to wear clothing that exposes them or reveals their underwear in public.

The ordinance states, It shall be unlawful for any person in any public place or in view of the public to be found in a state of nudity, or partial nudity, or in dress not becoming to his or her sex, or in any indecent exposure of his or her person or undergarments, or be guilty of any indecent or lewd behavior.

It is punishable by up to a $500 fine or up to six months in jail, or both.

Delcambre Police Chief James Broussard said violators can be arrested if officers spot them while on patrol, or if another resident files a complaint.

— Jeff Moore, The Daily Iberian (2007-06-12): Sagging bagged by town

Radley Balko informs us that there is a movement afoot amongst the Real Americans, in both Red states and Blue:

Moreover, civic organizers in Atlanta, Detroit, Nashville, Tenn., and Birmingham, Ala., are planning antisagging rallies, says Pastor Dianne Robinson of Jacksonville, Fla., who last week handed out 78 donated belts at a belt rally. This sagging of the pants is to me a defiant act, and it has all kinds of implications, says Ms. Robinson, who is black. If you can’t get up in the morning and pull your pants up, that says a lot about you, even if I don’t know anything about you.

–quoted by Radley Balko, The Agitator (2007-07-20): Droopy Drawers Banners See Cracks in Opposition

Now that we already have a professional cadre of bureaucrats running behind us all, yelling You’ll put an eye out with that! and Don’t drink that, it’ll stunt your growth!, how could our statesmen and civic organizers possibly refuse their duty to set the Law running around after people wearing dress not becoming to his or her sex [sic!] and black kids committing defiant acts, screaming You’re not going out like that, are you?! and Don’t you take that attitude with me, young man!

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