Ciao!
To kick off Women’s History Month, I thought I would start with a feminist post. For this post, I will be discussing the new abortion bill proposed in Tennessee. In short, this bill would allow fathers of the child in question to veto the right for a woman who is getting an abortion, with no exceptions for rape or incest. Again, women have to fight for the right to control their bodies. This post will detail the bill’s specifics and why this is a problem for women. As always, I will explain the opposing side’s view and hopefully educate some readers!
The Bill
Tennessee state Republican Senator Mark Pody and Representative Jerry Sexton are the sponsors of the bill. If passed, the bill would give a man who gets a woman pregnant the right to veto an abortion by requesting an injunction against the procedure. The Senate statement reads: “A person may petition a court with jurisdiction over domestic relations matters to request an injunction to prohibit a woman who is pregnant with the person’s unborn child from obtaining an abortion.” The bill also states that “ the petitioner prove they are the biological father of the unborn child, but does not require them to provide DNA evidence — only a “voluntary acknowledgment of paternity,” which is acceptable without the signature of the pregnant parent.” However, this bill does not make exceptions for rape or incest. If someone is found to have gone against the injunction, they may be held in civil or criminal contempt. It has now been referred to the Senate Judiciary Committee. In the State House, it passed first consideration but still has a few more rounds to go before being enacted into law. If passed, the act will take effect on July 1. Despite much opposition from pro-choice activist groups, legal challenges, and lawsuits, Tennessee Conservative party members plan to pass six more restrictions this year.
Breakdown
Under the bill, a judge would be able to grant the petition as long as the petitioner proves he’s the biological father of an unborn child and there is a “reasonable possibility” the woman would seek an abortion. The parties in question would hold a court hearing within 14 days of a petition being filed by the individual seeking an injunction. If the woman acknowledges the petitioner’s fatherhood, no DNA evidence would be required. The father would have to establish his paternity voluntarily for unmarried couples but can do so without the woman’s consent. Once paternity is established, the father would have the ability to deny an abortion. “A man who voluntarily establishes paternity should be responsible for child support and fulfill other parental obligations,” said Pody (Republican Senator who sponsors the bill), “and would not be able to rescind or challenge the acknowledgment of paternity afterward.
He can’t turn around under any circumstance and say, ‘I was wrong, and it’s not mine,” said Senator Pody. Senator Pody further stated that a judge could grant the injunction against the abortion even without both parties present for the proceedings. If the woman violates the demand by obtaining an abortion, the court may hold her in civil or criminal contempt. (USA Today 2020)
Why this is Problematic
There are so many flaws with this bill I don’t even know where to start.
Francie Hunt, Executive Director of Tennessee Advocates for Planned Parenthood, called this bill “unconstitutional, insulting, and dangerous. Period.” “Nobody should have the power to make healthcare decisions for someone else – not a judge, a partner, and certainly not a rapist regardless of paternity,” she said. The condescending mindset underlying this bill: that men should control women’s bodies,” “Women are not chattel, and this bill needs to be stopped in its tracks.” She criticized the legislative priorities of state lawmakers as”out of step with the dire needs” of Tennesseans amid a pandemic.”A pregnant person must have the ultimate control over their body and their pregnancy,” she said in a statement. “The legislature needs to stop trying to distract the public from their leadership failures with increasingly stigmatizing abortion restrictions.” Tennessee’s ACLU director Hedy Weinberg said the legislation could lead to “dangerous” consequences.”This extreme and dangerous bill would even allow a rapist to stop his victim from ending a pregnancy,” she said in the statement.
Another stipulation of the bill is that the person seeking to stop the abortion does not need to prove he is the biological father, meaning DNA evidence is not required. Now paternity issues come into question. If no DNA test is necessary, how will a judge know if the father is the child’s true biological father? How does the father know the woman is seeking an abortion? “Reasonable belief” is very vague language, and finding solid proof (without DNA testing) would be difficult. This bill also does not have any literature regarding whether the father (or legal guardian) will assume responsibility for the child. If this bill were passed (for argument’s sake), it should have provisions requiring the father to become the legal guardian (can be problematic because it is then the child’s best interest is a stake.). The father can’t just force the child to be born, then throw his hands up and refuse to take responsibility. Then, social workers and child services become involved, and it can become an entire mess.
Let’s address the no exceptions for rape or incest. A woman’s rapist can stop their victim from getting an abortion. So, not only are we victim-blaming and punishing women rather than the rapist, but we are giving a rapist control over a woman’s body rather than the power of her own. In a case of incest, a woman’s family member can also force her to keep the child. Studies have shown that children of incest and their mothers end up having many health and mental issues. Why would we want to force that upon someone?
But Senator Pody said he does not believe rapists would voluntarily go before the court and acknowledge their paternity to stop abortion. If somebody comes up and says, ‘Yes, I raped her and I’m the father,’ he should immediately go to jail,” he said. “I just do not believe that somebody is going to come in and say, ‘I committed this crime, I’m guilty of this crime. Put me in jail.’ I will admit he does have a point here. It would be improbable for a rapist to admit to the crime to veto an abortion. Most rapists wouldn’t care, but it’s the principle of the bill. If a rapist did come forward, it would become a rape case of he said/ she said. The rapist could claim consent; then, it becomes an issue of victim-blaming and lack of punishment for the attacker in question.
Additionally, passing this bill is not in the best interest of the child. A state that is ranked 39th in the quality of education seemingly does not care about children’s wellbeing. If they did, perhaps they should direct their efforts to improving the quality of their education instead of controlling reproductive rights.
Why People Support the BIll
Senator Pody said that he introduced his bill after a Tennessee resident expressed concerns that fathers do not have a say over abortion under the current law. He said his statement would assure fathers’ right to decide for an unborn child.
“I believe a father should have a right to say what’s gonna be happening to that child,” Senator Pody said. “And if somebody is going to kill that child, he should be able to say, ‘No, I don’t want that child to be killed. I want to be able to raise that child and love that child.” He is entitled to that opinion. Yet, does he have a right to enforce that opinion on others? What would you do if someone you know or a family member is raped or you get someone pregnant? Would you have that same mentality? It would be up to the judge to ultimately decide if there’s enough evidence to establish one’s paternity, said Senator Pody. A judge should not have jurisdiction over a woman’s body or her life. It warrants communication between the mother and that father. A situation in which the government has no right to interfere.
What if the father wants to keep that child? This is a good question and a solid argument. As I said, this involves communication between the parents. If the father wants to keep the child, he has to take full responsibility. This means paying all of the mother’s medical bills and going with her to every doctor’s appointment. When she has to go on maternity leave, the father should be supplementing her income, especially if she loses her job (which does happen.)
The father should then take sole custody of the child, raise and love this child, and pay for its education. (This is a given but still needs to be said.) How much communication does the mother want, or how much responsibility does she want to take? If she didn’t want to have the child in the first place, but the father does, then the mother should be able to forfeit custody. What happens if the mother is in school and has to miss classes? A woman might not want to put herself through the physical pain and strain that comes with nine months of pregnancy and childbirth. There are many health concerns to consider as well. These are some of the many factors that I feel lawmakers have not considered. These are decisions that the parents must make together if possible. Since the father played a role in getting the woman pregnant, he does have a say, but you can not force anything upon anyone.
It Won’t Hold Up in Court.
If you are worried, don’t be. If brought up in a lawsuit, it would not hold up in court. Guess what? Roe vs. Wade (court case legalizing abortion; link below for more information) is still in place. Abortion is still legal in all 50 states and, according to this case, cannot be banned. Based on the past precedent, we have a reasonable belief that this bill will be found unconstitutional. In the 1992 Planned Parenthood v. Casey decision, the Supreme Court struck down a state requirement that a woman notifies her husband before seeking an abortion. Similar efforts to allow fathers to veto abortions in other states have been unsuccessful. In 2014, a Missouri legislator introduced a bill that would have required doctors to receive “written, notarized consent” prior to performing an abortion from the man who got the woman pregnant. The statement did not receive a vote. (NY Times) Last summer, Tennessee passed a sweeping anti-abortion bill outlawing abortion once a doctor can detect cardiac activity in an embryo, which typically happens about six weeks into a pregnancy ― before most people would know they are pregnant. The court promptly blocked the measure. (Huffington Post) However, given the conservatives appointed to the Supreme Court and the death of our beloved RBG, it makes me wonder what is in store for Roe V. Wade? Most justices have respect for constitutional precedent unless there is a pressing need, but only time will tell.
My Thoughts
The government doesn’t want to pay for proper healthcare, tampons, sex ed, birth control, or abortion. However, forcing them to have the child may put the mother in a position where she is now perceived to be a burden on the government when she has to apply for welfare or food stamps. Or, if the mother cannot afford to keep the child, the child may be placed in our broken foster care system (an entire issue in itself), where there is the possibility they will end up on the street or have abandonment issues. Does the government then step in to ensure the troubled child they fought so hard to bring into this world gets the proper help they need?
In my opinion, this is all about control. It is all to chip away at abortion laws until they reach their ultimate goal of reversing Roe vs. Wade. I have said it before, and I will repeat it. Banning abortion does not eliminate the need for abortions. In comparison to economics, it’s a supply and demand issue. You don’t stop the supply. Eliminate the demand. If you don’t want women to get abortions, then eliminate the need for it. Women seeking an abortion could also just leave the state to terminate a pregnancy. Banning abortion only makes it unsafe.
I have written a separate blog post in more detail about sex education, but another viable solution is comprehensive sex education in all schools. Studies have shown that proper sex education leads to less teen pregnancy. Greater access to contraceptives and free birth control can also lead to fewer unwanted pregnancies. Consent and communication between partners are also crucial before engaging in intercourse. Both men and women have the responsibility to make sure they have protected sex and use birth control. There also needs to be harsher punishments and more persecution of those who commit rape and incest. I have written and will post more detailed editorials on these issues later, but these are my thoughts for now.
It is shocking that in 2021 we are still having arguments about women’s rights. It’s baffling that the government is still trying to control women’s bodies. Amid a pandemic, the government should be focusing on Covid 19 relief. They should not be attempting to block a woman’s right to healthcare. If these senators and their supporters cared about children’s wellbeing, they would be supporting any relief and provisions to end this pandemic. You may be wondering what you can do. The important thing for all of us to do is to continue to support the right to choose powerfully. This is why I write these posts. To make my voice heard. Make your voice heard. Post on social media, call or write to your local representatives, lobby and volunteer for organizations, and vote! I have included some resources below. The most important thing to remember is MY BODY, MY CHOICE!
Ciao,
Cristina
Resources
https://www.oyez.org/cases/1991/91-744
https://action.aclu.org/petition/
https://www.plannedparenthood.org/
https://www.plannedparenthoodaction.org/local/tennessee
https://www.oyez.org/cases/1971/70-18
https://www.senate.gov/senators/senators-contact.htm?State=TN
https://www.blackburn.senate.gov/email-me
https://www.senate.gov/states/TN/intro.htm
Chronicles of Cristina 