Quick link: decriminalise abortion in NSW

This article originally appeared on Hoyden About Town.

In 2013 and 2014 there was a push to introduce legislation which incorporated fetal personhood into law in NSW: Crimes Amendment (Zoe’s Law) Bill (No. 2) 2013. See for example Julie Hamblin’s commentary at the time on how such legislation could be used to further restrict access to abortion in NSW, even when the stated purpose is to allow for abusive violence to fetuses to be punished. The bill passed the Lower House of NSW Parliament but was never put to the Upper House, and thus lapsed in November 2014 when the 55th Parliament ended. It never became law.

Leslie Cannold, speaking to a Greens forum in September 2013 (video here, not subtitled) called on NSW to not only fight a rear-guard action in defending pregnant people seeking abortions from further rights being granted to fetuses, but to follow Victoria (and later Tasmania) in decriminalising abortion entirely. And now Greens MLC Dr Mehreen Faruqi, is campaigning for the decriminalisation of abortion in NSW. Here are some of the facts about abortion access in NSW her flyer gives:

The laws surrounding access to abortion in NSW are very confusing. Abortion is currently in the Crimes Act (Sections 82-84), although court decisions have established that abortion will not be unlawful if a doctor reasonably believes it is necessary to save the woman from serious danger to her life, or mental or physical health[…]

In NSW, an abortion is unlawful unless a doctor deems that a woman’s physical, psychological and/or mental health is in serious danger. The criterion of ‘mental health’ can include economic and/or social factors[…]

Any amendments to the Crimes Act, such as those proposed by supporters of foetal personhood laws risks changing that interpretation. By removing abortion from the Crimes Act, it will no longer be a criminal offence and women and their doctors will no longer have to rely on the interpretation of the law by a court in each case in order to avoid criminal liability.

Learn more about the campaign at the Decriminalise Abortion page on Faruqi’s website. You can help by signing the online petition in support of decriminalisation or collecting signatures offline.


Featured image credit:
Pro_Choice_March-Texas_State_Capitol-2013_07_01-9378.jpg
by ann harkness on Flickr.

Reproductive rights round-up: NSW, Vic, SA, Tas

This article originally appeared on Hoyden About Town.

There’s a lot going on right now in terms of trying to implement fetal personhood provisions and wind back legal abortion around Australia. Here’s the news from four states, anything we’ve missed? What actions are you taking in response?

New South Wales: Crimes Amendment (Zoe’s Law) Bill (No. 2) 2013 has passed the Lower House

Discussion of this has previously appeared on HAT. Since that post, this bill has passed the Legislative Assembly (lower house) following a conscience vote and by a large margin (63 to 26). It will be read in the Legislative Assembly (upper house) in 2014, and if passed there, will become law. Coalition and ALP MPs have been granted a conscience vote by their parties. The Greens oppose the bill. This bill is opposed by the NSW branch of the Australian Medical Association, and by the NSW Bar Association. The campaign against this bill is at Our Bodies, Our Choices.

I’d love to publish transcripts of the Greens community forum on this bill (held prior to it passing in the Assembly), but am unlikely to have time to transcribe an hours worth of video for at least another week. If you’d like to help out, here’s the Amara links for subtitling: Julie Hamblin’s speech (about half subtitled to date), Philippa Ramsay’s speech (not subtitled) and Leslie Cannold’s speech (not subtitled).

South Australia: Criminal Law Consolidation (Offences against Unborn Child) Amendment Bill 2013 not passed

A bill with fetal personhood provisions in the case of grievous bodily harm to the pregnant person was recently before South Australian parliament, but was rejected. Information is being made available by Tammy Franks, Greens MLC, see Stop the Misguided Foetal Personhood Laws and the transcript of the reading in Parliament. Unlike in NSW, it appears that the ALP did not allow a conscience vote. The debate opens with Kyam Maher, government whip:

The Hon. K.J. MAHER (00:11): I will be extraordinarily brief. The government does not support this bill.

Victoria: early proposals to remove Section 8

At present, the Abortion Law Reform Act 2008 requires (in part):

SECT 8

(1) If a woman requests a registered health practitioner to advise on a proposed abortion, or to perform, direct, authorise or supervise an abortion for that woman, and the practitioner has a conscientious objection to abortion, the practitioner must—
(a) inform the woman that the practitioner has a conscientious objection to abortion; and
(b) refer the woman to another registered health practitioner in the same regulated health profession who the practitioner knows does not have a conscientious objection to abortion.

A Victorian doctor, Mark Hobart, is facing deregistration over defying these provisions, and a group of Victorian doctors and nurses called Doctors Conscience opposes Section 8 and advocates for its repeal. The Age reports that Labor MP Christine Campbell intends to table the Doctors Conscience petition in Victorian parliament. (A second Victoria doctor, Dr K. — not Mark Hobart — is discussed in the article, who not only defies Section 8 but has been quoted as expressing the opinion that women who seek abortions deserve death. This is detailed in Daniel Mathews’ blog post which provides quotations allegedly from Dr. K. Doctors Conscience has issued a press release stating that they do not advocate for or support harm to pregnant women for any reason.) The Age also reports that the Victorian branch of the Australian Medical Association supports the repeal of Section 8.

Today The Australian reported that premier Denis Napthine had advised independent MP Geoff Shaw on what would be involved in overturning (or perhaps substantially revising) the Abortion Law Reform Act in Victoria. The ABC reports that Napthine describes himself as having issued pro forma advice on legislative process.

Bills to repeal Section 8 or make wider changes to the Abortion Law Reform Act 2008 are yet to be proposed.

Tasmania removes abortion from the criminal code

On November 22, Tasmania removed references to abortion from the criminal code. In addition, like in Victoria, legislation now requires that doctors (and counselors) who conscientiously oppose abortion refer pregnant people to others who they believe do not have such an objection. A PDF of the Reproductive Health (Access to Abortion) Bill 2013 is available.

Bonus USA

NPR recently reported on the findings of Paltrow & Flavin, Arrests of and forced interventions on pregnant women in the United States (1973-2005) who report:

  • Arrests and incarceration of women because they ended a pregnancy or expressed an intention to end a pregnancy;
  • Arrests and incarceration of women who carried their pregnancies to term and gave birth to healthy babies;
  • Arrests and detentions of women who suffered unintentional pregnancy losses, both early and late in their pregnancies;
  • Arrests and detentions of women who could not guarantee a healthy birth outcome;
  • Forced medical interventions such as blood transfusions, vaginal exams, and cesarean surgery on pregnant women;

… Analysis of the legal claims used to justify the arrests of pregnant women found that such actions relied on the same arguments underlying so called “personhood” measures – that state actors should be empowered to treat fertilized eggs, embryos, and fetuses as completely and legally separate from the pregnant woman. Specifically, police, prosecutors, and judges in the U.S. have relied directly and indirectly on… [f]eticide statutes that create separate rights for the unborn and which were passed under the guise of protecting pregnant women and the eggs, embryos, and fetuses they carry and sustain from third-party violence… [my emphasis]

I think this point bears repeating: provisions that were introduced allegedly for the protection of pregnant people and fetuses from third parties have been subsequently used to police the behaviour of pregnant people, including but not limited to those seeking abortion, and including forcing medical procedures on them, and confining them. Fetal personhood provisions are designed to control the bodies of pregnant people.

The 62nd Down Under Feminists Carnival

This article originally appeared on Hoyden About Town.

In blue on a white background, the DUFC logo: in a square with rounded corners, there is the female/feminine symbol; with the Southern Cross inside, above which it says 'Down Under' and below 'Feminists Carnival'.

Welcome! This post is the 62nd monthly Down Under Feminists Carnival. This edition of the carnival gathers together June 2013 feminist posts from writers living in Australia and New Zealand. Thanks to all the writers and submitters for making this carnival outstanding, amazing, sad, outraging and uplifting.

Highlighted new(er) Down Under voices

I’ve highlightede posts that come from people who began been blogging at their current home in June 2012 or later, such posts are marked with (new blog) after the link. I know this is a very imperfect guide to new writers, since some may have simply started new blogs or switched URLs, or be well-known as writers in other media, but hopefully this may be a quick guide to feeds you may not be following yet.

Also, this carnival observes the rule that each writer may feature at most twice. Apologies to the fine submissions that were dropped under this system.

Feminist theory

Cristy is kicking off a feminist book club, from historical feminism and first wave onwards.

Joanna Horton reviews Joan Smith’s Misogynies, twenty four years on.

Party politics and government

In late June, Julia Gillard was deposed as Australian Prime Minister. Feminist commentary on Gillard’s media portrayals, treatment in Parliament, and defeat in a leadership ballot included:

Orlando got in before the spill with the questions the governing Labor party ought to be asking itself (not about the leadership).

Julie found that potential women candidates for office can’t commit due to time constraints.

Orlando salutes Emily Wilding Davison and other radical activists for women’s right to vote.

Ethnicity, racism, colonisation

Utopiana discusses lateral violence in the wake of her critique of Indigenous beauty pageants. (new blog)

Kim Mcbreen recaps a talk she gave about understandings of gender and sexuality in Māori traditions.

LudditeJourno chronicles news stories about pressure on indigenous people to assimilate.

Barbara Shaw recounts more than five years on income management in the Northern Territory.

The Koori Woman blogs on hope after the apology and anger after the Intervention for Reconciliation Week 2013.

Celeste Liddle reflects on international gatherings for indigenous people.

Misogyny, sexism, harassment, assault

Hayleigh wants to go outside her house without being objectified (new blog).

AJ Fitzwater promises to ally herself with people who speak out or who can’t speak out about bad behaviour in the speculative fiction community or the SFWA.

Amy Gray argues that the treatment of Adrian Earnest Bayley, who murdered Jill Meagher, shows that the Australian legal system does not deal with rapists well.

tigtog explains that it is the very indifference of creeps to desire that makes them creepy.

newswithnipples takes the mainstream media to task for widespread fail of the highest order.

bluebec does not want to excuse the abuses perpetrated by the Catholic Church on the grounds that they also do good works.

LudditeJourno reviews the many lessons about rape that the Steubenville rapes show aren’t being learned.

Scuba Nurse points out that a rape, abuse or victimisation narrative resulting in the eventual victory of the survivor isn’t miraculously unproblematic.

Bodies

Hayleigh is tired of being chased around Facebook by weight-loss ads (new blog).

Eliza Cussen lists five mistakes she’s constantly correcting about abortion, including the myth that it’s legal throughout Australia (new blog).

Genevieve writes about healing after post-abortion trauma (pro-choice perspective).

Fat Heffalump debunks fat-shaming as a pro-public health act.

Workplace, employment and education

Anjum Rahman writes about the right to work, in the context of people with disabilities, and ethnic minorities (new blog).

blue milk writes about the Australian Coalition’s parental leave scheme and adds a followup in response to critique.

Rachael Ward asks why so many of the testing materials in the General Achievement Test in Victoria related to men’s achievements.

Arts, music, crafts and media

Holly Kench writes that stories with diversity don’t need to be about being different; they may be about belonging with difference (new blog).

The results of the Triple J Hottest 100, 20 Year Edition music poll aired in early June, and as with the all-time edition in 2009, women musicians were very badly represented. Commentary:

Chally is reviewing LGBT young adult books, check out her reviews of Is He Or Isn’t He?, Beauty Queen and more.

Transcendancing recaps Karen Pickering’s talk on the secret feminism of the Country Women’s Association (CWA).

Jo Qualmann analyses the disappearing women of Doctor Who in light of the season finale.

AlisonM observes how very different Facebook ads are, depending on your selected gender.

canbebitter analsyes Cee Lo Green’s Fuck You, concluding that Fuck You is misogynist. Later in the month canbebitter presents an alternative queer reading of Fuck You.

Scarlett Harris reviews Paper Giants 2: Magazine Wars in light of current developments in magazine wars.

bluebec criticises recent coverage of polyamory in the press.

QoT is unimpressed by “feminist” clickbait.

New blogs

Blogs started in or after June 2012 featured in this carnival were:

Next carnival

The 63rd carnival will follow at can be bitter in early August. Keep an eye on Down Under Feminists Carnival HQ for submission instructions.

Volunteers are needed to host carnivals from October onwards. Volunteer via the contact form.

The 44th Down Under Feminists Carnival

This article originally appeared on Hoyden About Town.

Apologies for not getting this done on time everyone, December and January turned out to be a major time crunch for me. However, I won’t keep you, on with the show!

In blue on a white background, the DUFC logo: in a square with rounded corners, there is the female/feminine symbol; with the Southern Cross inside, above which it says 'Down Under' and below 'Feminists Carnival'.

Welcome! This post is the 44th monthly Down Under Feminists Carnival. This edition of the carnival gathers together December 2011 feminist posts from writers living in Australia and New Zealand. Thanks to all the writers and submitters for making this carnival carnilicious.

Highlighted new(er) Down Under voices

I’ve decided to highlight inline posts that come from people who began been blogging at their current home in January 2011 or later, such posts are marked with (2011 blog) after the link. I know this is a very imperfect guide to new writers, since some may have simply started new blogs or switched URLs, or be well-known as writers in other media, but hopefully this may be a quick guide to feeds you may not be following yet.

Also, this carnival observes the new rule that each writer may feature at most twice (full disclosure: I used the “three if the host really really wants to!” exemption once). Apologies to the many fine submissions that were dropped under this system, but I hope it results in a more manageable carnival size and representation of different writers.

Feminist spaces

Maia wrote On Change and Accountability: A response to Clarisse Thorn (cross-posted at Feministe and Alas! A Blog) in response to Feministe’s interview with Hugo Schwyzer and ensuing critical discussion of Schwyzer’s reception as a leading ally.

Politics and social justice

anthea encourages consideration of a charity’s ethical framework and agenda before donating.

stargazer doesn’t think identity politics and inequality politics are in conflict.

Disability

anthea deconstructs judgments about fat, laziness, energy expenditure, priorities and disability.

Maia is troubled by the presentation of the sexuality of people with disabilities in The Scarlet Road‘s trailer, and notes the conflation of the sexuality of people with disabilities and the sexuality of men with disabilities.

Ethnicity, race and racism

Chally is not happy with racially coded beauty standards about her hair.

Chrys Stevenson reflects on Aboriginal health, Meryl Dorey’s promotion of non-vaccination and that Aboriginal people have every reason not to listen to white people like Stevenson. (Later, Stevenson/Gladly writes about working with the media to publicise Dorey’s involvement in the Woodford folk festival.)

Workplace

Mentally Sexy Dad introduces Lisa Coffa and Bronwyn Sutton, co-winners of the Pam Keating Award given by the Waste Management Association of Australia. (2011 blog)

Kaylia Payne explores internalised stereotypes about women’s and men’s jobs.

Blue Milk recalls staging an office coup for the corner office.

Penelope Robinson considers the academic workforce, including workloads and casualisation.

Environment

Steph is skeptical about wind farm noise complaints being genuine, rather than a lobbying technique.

Feminist life

tallulahspankhead discusses consent issues and ethics outside the context of sex acts. (2011 blog)

Sonya Krzywoszyja rolls her eyes at feminism 101 questions sent through dating sites.

Deborah writes about the feminism of raising daughters as independent thinkers.

Sex work

Anita condemns the focus on Nuttidar Vaikaew’s sex work in the media coverage of her murder by her spouse.

Blue Milk explains how she, as an outsider, views sex worker experiences by analogy with drug culture experiences ranging from very negative to very positive. (This post is a followup to a late November post on her blog.)

LGBTQIA

Jo writes about personal explorations of asexuality. (2011 blog)

bluebec is suspicious of any claim that “It has always been that way since the dawn of humanity” and gives Joe de Bruyn of the Shop, Distributive and Allied Employees Association a lesson to that effect.

LudditeJourno thinks that the mythos of New Zealand egalitarianism is causing police to prematurely determine that Phillip Cottrell’s murder wasn’t a hate crime.

Gladly, the Cross-Eyed Bear makes sure the bigotry of politicians gets exposure beyond Hansard.

Religion

stargazer is pleased with a review of mosques as women’s spaces in Turkey and thinks New Zealand could benefit from the same.

Media, literature and culture

brownflotsam has a mixed review of Albert Nobbs and is keen to talk with other people who’ve seen it. (2011 blog)

IsBambi celebrates the work and thoughts of Abigail E. Disney, who makes films about women’s roles in peace processes. (2011 blog)

Jo is critical of the conflation of motherhood with womanhood in the Doctor Who Christmas special. (2011 blog)

PharaohKatt pushes back on privileged criticisms of The Australian Women Writers Challenge.

bluebec reflects on choosing to and being allowed to play female (and non-white) characters in computer games.

Anita demonstrates how an NZ Herald article unnecessarily emphasises the gender of a police officer who was assaulted.

Penelope Robinson is bothered by media talk of Nicola, Tanya and Julie instead of Roxon, Plibersek and Collins.

sleepydumpling takes Mia Freedman to task on fashion judgments as classist, ableist and sizeist, and newswithnipples examines Freedman’s denial that there’s any problem.

Violence

Jshoep got some very unhelpful “report him” and “hit him” advice after being assaulted at an Opeth gig.

ColeyTangerina explains that the prevalence of triggers and people who can be triggered is why the feminist blogosphere tends to warn for them.

Deborah observes another case of victim-blaming when police talk about sexual assault.

Mindy considers whether the fundamentals of the perception of women prisoners have changed since the Victorian era.

LudditeJourno calls on the New Zealand government to adequately fund the Auckland Sexual Abuse Help line.

Reproductive rights and justice

Alison McCulloch details the history and consequences of creating a moral hierarchy of abortions in New Zealand. (2011 blog)

Megan Clayton writes about prenatal testing and the assumptions made that terminating the pregnancy is the only choice if atypical chromosomes are found.

Beauty and body image

The End is Naenae! discovers a doozy of a comment thread about pubic hair and removal thereof in, of course, a Life and Style section. (2011 blog)

The End is Naenae! also considers the continued assumption that beauty is a woman’s or girl’s foremost aim and accomplishment. (2011 blog)

Rachel Hills writes about the special shame of trying hard and still failing to look 100% officially beautiful.

Chally analyses the telling of stories about women who lose their beauty, particularly the case of Lauren Scruggs, injured in an accident. (Cross-posted at HAT.)

Tracy Crisp writes about beauty and intercultural communication when she is diagnosed with a basal cell carcinoma (and, later, how Australian women consider that news).

sleepydumpling celebrates what the fat acceptance ideas and community have led her to.

Next carnival

The 45th carnival will follow hard on our heels at Maybe it means nothing. Submit January 2012 posts as per Chally’s instructions.

Sunday Spam: apple and cinnamon risotto

Apple and cinnamon risotto is one of Matthew Evans’s recipes in The Weekend Cook. I have some quibbles with that book, mostly that if anyone tries to romance me with the things listed under “romantic weekend” their expectations will be dashed, but this sounded ambitiously tasty.

In other news, I’m enjoying the Instaright Firefox add-on, which adds an address bar button and a right-click menu item for sending a link to Instapaper. Still liking Instapaper just fine except that it will only ever send 20 articles to one’s Kindle, and one day I managed to queue up close to 40 articles.

It would be kind of cool if Instapaper let me put out Sunday Spam as an instapaper. (I believe the ability to instapaper things to other people is an often requested feature.)

The Two-Minus-One Pregnancy

Linked in several places, this is an article about selective reductions (ie, aborting one fetus in a multiple pregnancy) from twins to singleton pregnancies. I’m not really sure why I was so interested in this—I’ve read several articles on reductions over the years and they’re all pretty similar—but I was. Perhaps it’s just that I definitely share the public fascination with twins described in the article.

Jenny is an asshole, and so, of course, am I

Infertility blogger Julie of A Little Pregnant shares her thoughts on Two-Minus-One: again nothing ground-breaking, but I enjoy Julie’s blog so have a link.

Jailhouse phone calls reveal why domestic violence victims recant

Phone calls between alleged perpetrators of domestic violence and their victims (which were known by the parties involved to be being recorded) show that the typical strategy for getting the victim to recant is getting their sympathy for one’s terrible situation facing trial and jail (rather than, at least in these cases, of threats of more violence).

Are software patents the “scaffolding of the tech industry”?

Counter-arguments to pro-software-patent positions, largely stressing that these particular pro-patent positions are concerned with the ability of the first inventor to profit from their invention, rather than with encouraging innovation in general.

Top 10 Things Breastfeeding Advocates Should Stop Saying

From earlier this year, includes “formula is poison” and “Moms who use formula don’t love/value their babies as much as moms who breastfeed”. I know people who have been hurt badly by statements this strong, in one case seriously considering giving up all plans for future children because of a failed (and mourned) breastfeeding relationship with her first child.

HPV: The STD of a New Generation

I’m pleased to have found Amanda Hess’s current online home again. Here she is on the interesting status of HPV: the STI that so very many people have, with attendant interesting interpretations by everyone from vaccine manufacturers to social conservatives.

What if Publishers are right about eBook prices?

Arguing that there’s a strong case that ebook prices will go to $0, and that this would not be a public good. Interesting, undoubtedly highly arguable. (Does not answer the question about why digital music prices haven’t and thereby make the required distinction between the two arguments.)

You Do Something with Your Hair?: Gender and Presentation in Stillwater

Gender presentation in Saint’s Row 2 is pretty unrestricted, and the game has gone out of its way to avoid using pronouns to refer to your character.

Crashing the Tea Party

David E. Campbell, an associate professor of political science at Notre Dame, and Robert D. Putnam, a professor of public policy at Harvard, argue that their research shows that the Tea Party brand is getting toxic in the US, together with some data showing how closely Tea Party affiliation/identification corresponds with Republican Party membership and belief in a less strong church-state separation. Perhaps not a very exciting article for people who follow US politics more closely than I do.

11 Percent

11 percent of housing in the US is unoccupied, s.e. smith writes. In addition to the good of housing people, wouldn’t fixing this housing up stimulate demand in construction?

Not guilty!

This article originally appeared on Hoyden About Town.

Tegan Leach and her partner Sergie Brennan have been acquitted:

A Cairns District Court jury took less than an hour to find Tegan Simone Leach, 21, and her partner Sergie Brennan not guilty of charges of procuring an abortion and supplying drugs to procure an abortion following a three-day trial.

… in his final directions to the jury, Judge Bill Everson said they had to be satisfied the drugs were noxious to Ms Leach’s health, rather than the foetus.

Abortion couple not guilty, The Sydney Morning Herald, October 14, 2010.

Of course, this does not in any way lessen the need for legal reform in Queensland and NSW, to protect pregnant people and providers of abortion when a pregnancy termination is wanted or needed.