April 14, 2014 – Arsenal For Democracy 80

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Description | Topics: Hobby Lobby contraception case, Catalonia and European nationalism in the 21st century, autism awareness month. People: Bill, Sasha, Persephone, and guest Monika Brooks.

AFD 80

(Nate and Greg are off this week.)

To get one file for the whole episode, we recommend using one of the subscribe links at the bottom of the post.

Related links

Think Progress: “If Hobby Lobby Wins, It Will Be Even Worse For Birth Control Access Than You Think”
Think Progress: “Justice Kennedy Thinks Hobby Lobby Is An Abortion Case — That’s Bad News For Birth Control”
Think Progress: “A Hobby Lobby Win Would Put Birth Control Coverage In Jeopardy At 71 Other Companies”
TIME: “Catalonia Independence Referendum Ruled Unconstitutional”
AFD: “Mocha Autism Network: Autism Awareness Month”

Mocha Autism Network
Website: mochaautismnetwork.com
Facebook: facebook.com/BayAreaMochaAutismNetwork
Twitter: @MochaAutismNTWK
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Google Plus: +Mocha Autism Network

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Backlash mounts on Spanish abortion rollback

spainBill and I have already discussed Spain’s proposed abortion law, the Ley Gallardón, which would restrict abortion in Spain to cases of rape or long-term harm to the mother.

Opponents of the proposal have created a satirical website called “Bebés de contenedor” (“Dumpster babies”) advertising a fake startup that connects hopeful adoptive parents with the babies that will be abandoned because of restricted abortion rights.

The site states (all translations in this post are my own):
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An end to Spanish universal jurisdiction?

The Spanish parliament has decided to consider a bill to limit “universal jurisdiction” currently granted to Spanish courts. This means that Spanish judges would no longer be able to rule on human rights violations not directly concerning Spain, an unusual power they currently hold and have used. The move comes immediately after a decision by a Spanish judge to pursue the arrest of China’s former president Jiang Zemin, as well as other officials, over human rights violations in Tibet.
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Death penalty primarily in cases with white victim

Sociological Images just posted about how the race of the victim determines whether the perpetrator gets the death penalty.

Even though half of all homicide victims are black, 77% of cases that result in the death penalty have a white victim. That’s a pretty clear indicator of what kind of lives we value.

The data is since 1976, and an Amnesty International report from 1990 shows similar patterns. Things might be improving (or they might not; it’s hard to find this kind of information), but they are still pretty bad:

A January 2003 study released by the University of Maryland concluded that race and geography are major factors in death penalty decisions. Specifically, prosecutors are more likely to seek a death sentence when the race of the victim is white and are less likely to seek a death sentence when the victim is African-American.

A 2007 study of death sentences in Connecticut conducted by Yale University School of Law revealed that African-American defendants receive the death penalty at three times the rate of white defendants in cases where the victims are white. In addition, killers of white victims are treated more severely than people who kill minorities, when it comes to deciding what charges to bring.

 
But let’s be cautious in how we handle this information: the solution should not be to give more people the death penalty, but to give fewer people the death penalty.

This post originally appeared on Starboard Broadside.

This is misogyny.

What’s the function of a district attorney? Because I’m really naive. I had some silly ideas about them enforcing the law and providing justice and representing the oppressed. And I know I’m an idealist, but THAT IS HOW IT SHOULD WORK.

In my crazy pipe-dream of a world, a rape survivor could go into the DA’s office, list the facts, say, “Let’s take this criminal down,” and get a “Heck yeah!” of agreement from the DA.

But prosecuting rape is absurd to Ken Buck, who is running for senator for Colorado (guess which party!).

In 2005, while serving as District Attorney for Weld County, Buck shot down a rape survivor’s request to prosecute her attacker. But it did not go undocumented; she taped the interaction. Even though the record showed that she was asleep when raped, and that her attacker admitted she’d said no, Buck claimed, “you never said the word yes, but the appearance is of consent.”

Later in the discussion, he declares:

There is contradictory evidence over consent. The act of inviting him, appear to be consensual acts, then there are statements that appear to be indicate that there wasn’t consent. That conflict is the conflict that doesn’t give us the proof beyond reasonable doubt.

 
Let’s make something clear. There’s no such thing as “contradictory evidence” over consent. If someone says no, it’s rape. It doesn’t matter if they were invited in. It doesn’t matter if the two people dated earlier. It doesn’t matter if they made out. No means no. And if it’s not an enthusiastic “Yes!” then you STILL might want to look over what the situation is.

And having sex with someone who’s unconscious is pretty unequivocal rape even by society’s ridiculous victim-blaming standards.

Yeah, um, Colorado… can you NOT elect this guy? Please?

This post was originally published on Starboard Broadside.

Why the Stupak Amendment is so bad

Perhaps the United States House of Representatives believes that all men are created equal—but it does not believe that all women are created equal, or that women are equal to men. These views it has made clear with the passage of the Stupak Amendment, which limits the right to choose for women who can afford to pay for an abortion up front, or for women who can afford a private insurer whose policy covers abortion.

As for the rest, well, that’s what coathangers are for.

HR-3962 describes itself as “[an act t]o provide affordable, quality health care for all Americans.” Abortion is legal in the United States to provide quality health care; in delivering the opinion of the Court on Roe v. Wade, Justice Blackmun explicitly stated that one reason for legalizing abortion was that, unregulated, it was deadly, but regulated it was much safer: “Mortality rates for women undergoing early abortions, where the procedure is legal, appear to be as low as or lower than the rates for normal childbirth. (…) The prevalence of high mortality rates at illegal “abortion mills” strengthens, rather than weakens, the State’s interest in regulating the conditions under which abortions are performed.” The passage of the Stupak Amendment, then, undermines the purpose of the healthcare reform bill, because it does not provide affordable, quality health care for all Americans. Not only does it bar the public health option from covering abortion, it also bars people who receive “affordability credits”—reduced premiums granted to people with lower income levels—from using those credits to purchase an insurance plan that covers abortion.

The consequences will be exactly those that Roe v. Wade tried to prevent: despite abortion limitations and bans, women will get them anyway, and the risks they incur will be much more severe.

In the United States, abortion is a legal medical procedure. For a bill whose purpose is to provide affordable healthcare to explicitly ban funding for abortions is absurd. Furthermore, the Stupak Amendment makes it in private health insurance companies’ best interest to take abortion coverage out of their policies: because of affordability credits, more people will be able to buy government-subsidized private health insurance, but only companies that don’t provide abortion coverage will see any of that new money. They can get more customers through the insurance exchange if the new customers get subsidies, but they can only get those customers if they don’t include abortion coverage.

I should add that this amendment is not about saving a fetal life, but about using pregnancy as punishment for sexual activity. If it were equating a fetus to a child, it would not permit abortion in cases of rape or incest; killing a child because it is the result of incest or rape would still be infanticide.

Many women simply cannot afford children or even childbirth right now—and given that many health insurance companies will not cover a c-section if a women has already had one, and that over 30% of births are c-sections, that’s understandable (the lowest price estimation I have seen for an uninsured c-section is $5,000, and most are upwards of $10,000 assuming everything goes smoothly). Consequently, the Stupak Amendment puts women in a damned-if-we-do, damned-if-we-don’t position.

Advocates for free-market capitalism ought to oppose the Stupak Amendment because it imposes a de facto artificial handicap on health insurance companies, without allowing customers to vote with their money. Advocates for socialism ought to object to this gross gap in healthcare provision between rich and poor women. Women ought to object because their rights are being stripped. Men ought to object because their lovers, daughters, sisters and friends could soon find themselves in the emergency room –or in a coffin– after an unsafe abortion. This amendment benefits no one and is a dangerous step backward for everyone.

This post originally appeared at Starboard Broadside.