This blog post was written by Katharine Bodde, Senior Policy Counsel at the New York Civil Liberties Union for our 2018 PowHer The Vote campaign.
While the past two years have been heart wrenching for gender equality advocates, the recent confirmation of Brett Kavanaugh to Associate Justice of the Supreme Court was a particularly harsh blow to feminists. And that was just the confirmation battle. When it comes to the future security of constitutional protections for gender equality and reproductive rights, the sense of doom is not exaggerated.
Indeed, Justice Kavanaugh tips the court to an anti-Roe majority. And if Roe v. Wade and the line of cases establishing a constitutional right to abortion and contraception are overturned or substantially weakened, women will suffer. Four states are already poised to automatically ban abortion care, and at least ten more have already indicated they would limit abortion to the maximum extent permitted. In this climate we need states to step forward as leaders for women: New York may well have the opportunity to do just that.
Come November, if New Yorkers elect a pro-choice majority to the New York State Senate, we have the opportunity to position New York at the vanguard for women’s health and equality. Four measures are at stake.
New York must decriminalize abortion. Currently, New York regulates abortion in its homicide code. Our antiquated law does not reflect baseline constitutional protections and prevents medical professionals from providing sound and necessary care to patients. In some cases women are forced to travel out of state to get the care they need, if they can even afford to do so at all. Women are in the best position to make the personal health and family planning decisions that are right for themselves and their families, including the ability to end a pregnancy. Our laws should entrust women to make these decisions.
New York must enshrine comprehensive insurance coverage requirements for women’s basic health care, including contraception. In New York, 55 percent of pregnancies are unintended. That is 15 percent higher than the global average and far higher than other developed countries. Unintended pregnancy is associated with a host of child and maternal health problems. Further, the ability to decide when and whether to have a child is at the heart of women’s ability to participate equally in the social and economic life of our country. Yet historically employers’ insurance plan coverage has been designed around men’s bodies. Lack of insurance coverage and high co-payments remain barriers to accessing women’s healthcare.
New York must take steps to reduce maternal mortality rates. New York ranks 30th in the nation in its maternal death rate; and maternal deaths in New York disproportionately impact women of color. Indeed, black women in New York are nearly four times more likely to die because of pregnancy or childbirth than white women. Improved access to health care and prenatal and early childhood support would not only lead to better health outcomes, it would work to eliminate longstanding and unacceptable health disparities. New York needs to pass legislation that would create a maternal mortality review board to review every maternal death in the state and develop prevention strategies.
New York must require comprehensive sex education in schools. We are failing our communities and perpetuating a climate of sexual harassment and violence by not teaching students about healthy relationships and consent, their bodies, gender identity and sexuality, the importance of delaying sexual activity, and safeguarding against STIs and unintended pregnancy. Every young person in our public school system deserves to learn the skills and knowledge they need for a healthy future and healthy relationships.
These measures have been blocked by legislators and opponents who regard truth and facts as optional. It is time to take the power back; it is time to create power that leans toward compassion and justice and community; and New York must lead this effort.