News and Features
Once in a while you come across a book that is so original, so persuasive, so meticulously researched and documented that it overrides some of your most taken-for-granted assumptions and beliefs. Devices and Desires is such a work. The author, Andrea Tone, associate professor of history at Georgia Tech, belongs to a small band of new historians who are reassessing the lives of nineteenth-century women through attention to their personal (and I do mean very personal) health aids. An earlier example would be Rachel Maines's The Technology of Orgasm, published by Johns Hopkins in 1999, which describes and illustrates the 1880s-style vibrators that doctors freely used in their offices--and women in their homes--for relief of pelvic congestion and the female "hysteria" associated with it.
Devices and Desires opens in 1873 when, through the machinations of Anthony Comstock--star agent for the New York Society for the Suppression of Vice (NYSSV)--Congress unexpectedly voted to make contraceptives illegal. Many Americans disapproved, and when the news reached Ireland, George Bernard Shaw coined the word "Comstockery," which, he predicted, would become "the world's standing joke at the expense of the United States."
It may be that talk of the new law made contraception known to some folks who had never heard of it before. It may be that, as with Eve's forbidden fruit, the ban made pregnancy prevention seem more alluring or naughty--or more fun. Then too, the "bootleg" business environment that ensued was relatively welcoming to entrepreneurial immigrants, smart single mothers with families to support and other ambitious "outsiders." "As with condoms," Tone observes, "creating diaphragms was easy and inexpensive, an ideal venture for those with little money and a penchant for risk." In any case the business of contraception flourished in the Comstock era, embracing scores of diverse devices and spermicides for women and men. Hundreds if not thousands of small entrepreneurs and distributors profited, as did as an impressive handful of industrial giants, including the arch-hypocrite Samuel Colgate, millionaire heir to the New Jersey-based soap firm, who served as president of Comstock's NYSSV while openly promoting Vaseline to "destroy spermatozoa, without injury to the uterus or vagina."
Other well-established companies that made, distributed and freely advertised contraceptives--ranging from intrauterine devices (IUDs) to vaginal pessaries (appliances intended to support the uterus that could also prevent the passage of sperm), and from douching syringes, suppositories and foaming tablets to sponges and male caps--included some still familiar names: B.F. Goodrich, Sears, Roebuck & Co. and Goodyear. "The B.F. Goodrich Company," notes Tone, "manufactured three soft-rubber IUDs--one pear- and two donut-shaped, each available in five sizes--and twelve hard-rubber models. Two of the latter models were one-size-fits-all rings." Physicians were leading players in the commercialization of mass-produced IUDs--constructed from rubber, metal, ivory and even wood--although some models were promoted for do-it-yourself insertion.
Tone's exhaustive research led her--like an ace detective or shoe-leather crime reporter--through an eight-year coast-to-coast investigation of Post Office Department records, Federal Trade Commission transcripts (some with decaying diaphragms and condoms glued to the pages), American Medical Association (AMA) Health Fraud Archives, records of the NYSSV, credit reports from nineteenth-century Dun and Co. collections, patents, love letters, arrest records, trial records, advertisements and trade catalogues--as well as "entrapment" letters, some drafted by Comstock himself. (He or another agent would pose as being in desperate need of birth control, get the goods and make the arrest.) Established companies, Tone discovered, run by "honest, brave men" who supported Comstock and NYSSV, were never targets for such treatment, which was reserved for smaller entrepreneurs--especially immigrants ("sly" Jews) and women ("old she villains").
Even so, many of those arrested were let off or punished lightly, while the entrapping agents and prosecutors ran the risk of being scolded and humiliated by judges and juries who doubted the advisability, and constitutionality, of such far-reaching Congressional interference into personal matters. Over time, what Tone calls a "zone of tolerance" was created to buffer the flourishing contraceptives trade and its practitioners. In fact, Shaw's prediction that Comstockery would become a "standing joke" was soon realized here in the United States, even, it would seem, in Congress itself.
The hugely ambitious Comstock Act, however, was hardly about contraceptives alone. It stated:
No obscene, lewd or lascivious book, pamphlet, picture, paper, print or other publication of an indecent character, or any article or thing designed to be intended for the prevention of conception or the inducing of abortion, nor any article or thing intended or adapted for any indecent or immoral use or nature, nor any written or printed card, circular, book, pamphlet, advertisement or notice of any kind giving information, directly or indirectly, where, or how, or of whom, or by what means either of the things mentioned may be obtained or made...shall be carried in the mail.
You do the math. A small army of Post Office inspectors (known as special agents) were required to enforce such an effort. But Congress refused to drum up a serious budget for the measure when Comstock went into effect and made light of the ambitious national program by raising the number of inspectors--nationwide--from fifty-nine to only sixty-three. Looking at the postal arrest figures from May 1875 through April 1876, Tone counted a total of 410 apprehensions, of which only twenty-seven were for violations of the Comstock law.
Nonetheless, in later generations we took it for granted that from passage of the Comstock Act until the post-World War I rise of Margaret Sanger, the average American had little or no access to what we now call "family planning" (a term, Tone informs us, suggested in the 1960s by Malcolm X--"because Negroes [are] more willing to plan than to be controlled"). And while it's true that some of the contraceptives available at the time were ineffective, dangerous or both, others, including condoms, cervical caps (apt to be euphemistically advertised as pessaries in the Comstock era), diaphragms, sponges and some spermicides were often pretty good and relatively inexpensive. Tone notes that in this sea of alternatives many determined wives and husbands doubled, tripled or quadrupled on protection. Given this environment, it's not surprising that after 1880 the national fertility rates for both white and black women declined rapidly, reaching an all-time low in 1940--twenty years before Enovid, the first birth-control pill, came to market and only three years after the AMA's 1937 resolution to "endorse" contraception and recommend it for inclusion in the standard medical school curriculum.
Between 1880 and 1940 the average fertility rate of whites dropped from 4.4 children per woman to 2.1. For blacks it dropped from 7.5 children to 3. Given these incontrovertible facts--a flourishing contraceptives industry paired with a steady decline in births--how could we have come to believe otherwise, that our great and great-great grandmothers were, so to speak, up the fertility creek without a paddle?
Some of the historical distortion must be attributed to the work of Margaret Sanger, who originally dreamed of female empowerment through woman-oriented contraceptive technologies. She viewed birth control as a woman's right and responsibility, and wrote in 1922 that "the question of bearing and rearing children is the concern of the mother and potential mother.... No woman can call herself free who does not own and control her own body." Condoms "compromised this objective by placing women's procreative destiny in men's hands." Until her death in 1966 Sanger promoted the manufacture first of diaphragms and later the pill, never quite answering objections from other feminists--in the 1920s and again in the 1960s--that this transferred power over women's bodies to doctors who were overwhelmingly (in the case of gynecologists, 97 percent) male. Sanger came to believe so strongly in medically controlled contraception that in a 1952 letter she stated that her greatest achievement had been "to keep the movement strictly and sanely under medical auspices."
This was an about-face from her earlier position. In her extraordinary 1915 pamphlet, Family Limitation, a home guide to contraception, Sanger, as Tone explains, "envisioned a world of grassroots birth control where women from all walks of life could use contraceptives without reliance on doctors, a populist approach she would soon abandon." Family Limitation discussed douches, condoms and cervical caps. (The essential difference between a pessary or cap and a diaphragm is that the generally thimble-shaped caps fit over the cervix by suction and are less likely to be displaced. The diaphragm, however, more or less divides the vagina vertically into two compartments, protecting the cervix from the arena where sperm is deposited. Both methods can benefit from outside help with fitting and correct technique, but the cap has a better record of over-the-counter success, and was long distributed by this means in France, England and the United States.) Sanger ultimately recommended caps, which she felt could be most easily and discreetly used and controlled by women. She distributed 100,000 copies of her pamphlet, imploring women to learn how to insert caps into their own bodies and then to "teach each other" how to as well.
When Sanger and her sister Ethel opened their first clinic in 1916 they instructed women, eight at a time, on how to use over-the-counter (OTC) contraceptives, including condoms, suppositories and rubber pessaries. When police, inevitably, raided the clinic, they found boxes of Mizpah pessaries. An effective OTC contraceptive, this flexible rubber cap was sold by druggists and mail-order vendors for the alleged purpose of treating such medical conditions as a displaced (or prolapsed) uterus. But as Tone writes: "Family Limitation got Sanger into more trouble. In 1915, she found herself back in Europe dodging American law while continuing her contraceptive education.... The trip across the Atlantic was risky. War had broken out." Back home, her husband, William Sanger, had his own problems. And as fate would have it, so did Anthony Comstock. William Sanger had been arrested by Comstock for distributing Family Limitation. And Comstock, who caught a cold in the courtroom during the trial, died soon after of pneumonia.
After her divorce from William, Margaret admitted she was looking for "a widower with money." James Noah Henry Slee, twenty years her senior, was "a well-heeled member of Manhattan's business elite...part of the same establishment Sanger had vilified in her younger, more radical years." They married in 1922 and with his backing, Tone explains,
Sanger embarked on a new chapter of her career, one that distanced the birth control movement from its radical origins and placed it on a more conservative path.... She recognized...that medical science enjoyed increasing prestige and political clout...she sought birth control allies through an ideology that trumpeted women's health over their civil liberties and cast doctors, not patients, as agents of contraceptive choice.
Sanger switched her preference to the diaphragm, particularly the Holland-Rantos brand, which sold exclusively to doctors. (This company, established in 1925, was funded by none other than Mr. Margaret Sanger, James Noah Henry Slee.) Sanger next prevailed on her besotted bridegroom to hire a distinguished, high-salaried doctor to promote their new company:
1925 is to be the big year for the break in birth control...the medical profession will take up the work...I shall feel that I have made my contribution to the cause and...I can withdraw from full-time activity.... If I am able to accomplish this victory...I shall bless my adorable husband, JNH Slee, and retire with him to the garden of love.
Sanger did not retire. In the following years she worked ceaselessly toward her goal of getting the AMA to endorse birth control. Her "signature" story, often bringing audiences to tears, concerned Sadie Sachs, a young immigrant mother of three, married to Jake, a truck driver. When Sadie begged a doctor to give her birth control he cruelly retorted, "Tell Jake to sleep on the roof." Sadie later died of septicemia following a self-induced abortion. Sanger was now in the business of helping the public forget that some of the widely available OTC methods worked very well for many people. As Tone points out, if Sadie could afford a physician visit, she could surely afford the far lower price of a contraceptive.
In addition to the move toward medicalization, our collective memory may have been dealt a brainwashing by panic-driven "eugenicists." As Sanger moved up socially she supported birth control for some elitist reasons, such as "the facilitation of the process of weeding out the unfit [and] of preventing the birth of defectives." But this was mild compared with the phobic reasoning of some of our greatest national leaders, who also feared the newcomers from Europe. Falling birthrates among our native born and the widespread immigration of foreigners from southern and eastern Europe (over 23 million people arrived on America's shores between 1880 and 1920) led Teddy Roosevelt to warn in 1912 that if middle-class American women used fertility control it "means racial death." In 1927 Supreme Court Justice Oliver Wendell Holmes, our great champion of civil liberties, stunned many of his admirers when, in Buck v. Bell, he agreed to uphold a Virginia eugenics statute legalizing the coerced sterilization of "socially inadequate persons." Carrie Buck, the plaintiff, was young, single and white, the "daughter of an imbecile," the mother of an "illegitimate feeble minded child." Holmes agreed to the cutting of Buck's fallopian tubes, proclaiming, "Three generations of imbeciles are enough." Tone adds that during the Nuremberg trials following World War II, accused Nazi war criminals cited Buck v. Bell to justify the forced sterilization of some 2 million Germans.
Here in the United States, the eugenics and population control movements promoted--and continue to promote--the need to develop contraceptives that take prescription (and often removal) out of the woman's hands. For example, in interviews with 686 low-income users of Norplant--a hormonal contraceptive, intended to last for five years, that consists of six matchstick-sized capsules implanted in a woman's arm--researchers at Columbia University's Center for Population and Family Health learned that 40 percent anticipated or experienced "cost barriers" that could impede the removal of Norplant. They urge that family-planning clinics "follow a policy of Norplant removal on demand, regardless of the patient's ability to pay." Some feminists charge that the effectiveness of OTC methods (carefully used) is still downplayed in quasi-official figures, a dangerous public health mistake in this age of galloping STDs.
Meanwhile, the effectiveness of doctor-controlled methods has been exaggerated, as the FDA has acknowledged. Previously, it gave out "ideal" figures for oral-contraceptive effectiveness, in contrast to discouraging clinic "use" figures for barrier methods. In the new round of product labeling this has been partially corrected; actual-use figures for the Pill are placed in a truthful range of 92-95 percent, not at the falsely optimistic 99 percent-plus.
Devices and Desires is replete with riveting histories of women and men who labored--legally and illegally--in the ever-challenging arena of conception control, from the Comstock era through today, and includes portraits of the men who developed Enovid, the first pill, as well as those behind the notorious IUD, the Dalkon shield. Those who read this fascinating book will have a far keener and more credible sense of what has happened and where we are now. Most women are still unsatisfied with their contraceptive choices, and as Tone concludes,
It is ironic that in a post-Roe v. Wade world that celebrates reproductive choice, the most frequently used contraceptive in the country--by a wide-margin--is female sterilization. In a very real sense Americans are still waiting for the heralded "second contraceptive revolution" to arrive.... In the absence of universal health care or prescription drug coverage, one way out of the contraceptive conundrum may be the development of more affordable over-the-counter methods, which would increase men's and women's options without tethering contraceptives to the medical marketplace from which millions are excluded.... Today to meet the needs of women and men who lack sufficient resources, we must supplement reliable medical methods with inexpensive over-the-counter options.
In the 1960s, the introduction of the Pill, revival of the ever-treacherous IUD and "stealth sterilization" of welfare moms--whose tubes were tied, without permission, after giving birth--placed contraception still more firmly in doctors' hands. In the parlance of that decade the "greasy kid stuff," including condoms, was left in the dust. Because of overpopulation fears, the new technologies enjoyed a diplomatic immunity--at women's expense. At an annual meeting of medical school deans, Nobel laureate Dr. Frederick Robbins declared, "The dangers of overpopulation are so great that we may have to use certain techniques of conception control that may entail considerable risk to the individual woman." Original Pills contained 150 micrograms of estrogen; today we know that 20 suffices. Millions of women served as guinea pigs for high-dose pills and IUDs, and thousands died. In 1970, at Senate hearings, Dr. Louis Hellman, chairman of the FDA advisory committee that twice declared the Pill safe, admitted that in his equation of benefit versus risk he "put population first, before benefits to the individual woman's health."
As women demanded to "take our bodies back" from deceitful doctors, the spirit of Comstock rose up again. In 1973 Our Bodies, Ourselves, Ellen Frankfort's Vaginal Politics and my book Free and Female were banned in Cleveland and Washington, DC. In 1979 shipments of cervical caps that independent women's self-help clinics imported from England were seized by FDA agents. Senator Ted Kennedy helped to get the caps released, but the FDA restricted their use to "investigational device" (ludicrous--the same caps had been in continuous use in England for a century), thus subverting the grassroots revival of the cap. Who can say who put the FDA up to this, but perhaps some future Andrea Tone-type women's history sleuth will get to the bottom of it.
Meanwhile, one of my hopes for Tone's extraordinary book is that it might encourage many people--men as well as women--to reconsider the barrier methods, respect them more and possibly learn to enjoy them, as some say they do. In contrast to the steady decline of teenage pregnancy, the epidemic of sexually transmitted diseases in young adults is increasing at a truly alarming rate. For example, estimates are that 46 percent of female college students are now infected with human papilloma virus (HPV), which can cause both genital warts and cervical cancer. Are student health services reliably advising their clients of this? My informants say no.
They were kidnapped on the street, or summoned to the village square, or lured from home with false promises of work, to be forced into the Japanese military's far-flung, highly organized system of sexual slavery throughout its occupied territories in the 1930s and 1940s. Of some 200,000 so-called comfort women only a quarter survived their ordeal; many of those died soon after of injuries, disease, madness, suicide. For years the ones who remained were silent, living marginal lives. But beginning in 1991, first one, then a trickle, then hundreds of middle-aged and elderly women from Korea, China, Taiwan, the Philippines and other former Japanese possessions came forward demanding that the Japanese government acknowledge its responsibility, apologize and make reparations. Despite a vigorous campaign of international protest, with mass demonstrations in Korea and Taiwan, Japan has hung tough: In 1995 Prime Minister Tomiichi Muayama offered "profound"--but unofficial--apologies and set up a small fund to help the women, to be financed on a voluntary basis by business; this past March, the Hiroshima high court overturned a modest award to three Korean women. As if official foot-dragging weren't demeaning enough, a popular comic-book history of Japan alleges that the comfort women were volunteers, and ultraright-wing nationalists have produced middle-school textbooks, approved for use in classrooms, that omit any mention of the government's role in the comfort-woman program.
Frustrated in Japan, the comfort women have now turned to the US Court of Appeals for the Washington, DC, Circuit. Under the 212-year-old Alien Tort Claims Act, foreigners may sue one another in US courts for human rights violations; the women are also relying on a law against sexual trafficking passed last year by Congress. In mid-May, however, the State Department asked the Justice Department to file a brief expressing its sympathies with the women's sufferings but urging that the case be dismissed as lacking jurisdiction: Japan has sovereign immunity, under which nations agree to overlook each other's wrongdoings, and moreover, treaties between it and the United States put finis to claims arising from the war.
In other words, it's all right to seize girls and women and put them in rape camps--aka "comfort stations"--for the amusement of soldiers far from home, as long as it's part of official military policy. War is hell, as the trustees of the New School noted in their letter absolving their president, Bob Kerrey, of the killing of as many as twenty-one Vietnamese women and children. If it's OK to murder civilians, how wrong can it be to rape and enslave them?
"The Administration's position is particularly terrible and irresponsible when you consider the evolution of attitudes toward wartime rape over the last ten years," says Elizabeth Cronise, who with Michael Hausfeld is arguing the comfort women's case. Indeed, sexual violence in war has typically been regarded as the inevitable concomitant of battle, part of the spoils of war, maybe even, for the evolutionary-psychology minded, the point of it: Think of the rape of the Sabine women or the plot of the Iliad, which is precipitated by a fight between Achilles and Agamemnon over possession of the captured Trojan girls Chryseis and Briseis, although my wonderful old Greek professor Howard Porter didn't quite put it like that. It was only this past February that an international tribunal brought charges solely for war crimes of sexual violence, when three Bosnian Serbs were convicted in The Hague of organizing and participating in the rape, torture and sexual enslavement of Muslim women.
But even by these ghastly standards, the case of the comfort women stands out for the degree of planning and organization the Japanese military employed. Noting, for example, that subject populations tended to resent the rape of local women, authorities typically shipped the women far from home; although the women saw little or no money, "comfort stations" were set up as brothels with ethnically graduated fees, from Japanese women at the top to Chinese women at the bottom. The system was not, strictly speaking, a wartime phenomenon: It began in 1932, with the Japanese occupation of Manchuria, and continued after the war's end. In fact, according to Yoshimi Yoshiaki, whose Comfort Women: Sexual Slavery in the Japanese Military During World War II (Columbia) is crucial reading, the Japanese military authorities set up comfort stations for the conquering American troops. As Cronise points out, even if the United States has closed the books on Japan's wartime atrocities, it could still side with the comfort women on the grounds that many of them were enslaved during peacetime.
"The government's position is technically defensible," says Widney Brown, advocacy director for women's rights at Human Rights Watch. "What's not defensible is the Department of Justice's giving as a reason that it doesn't want to jeopardize relations with Japan." Incredibly, the Justice Department is arguing just that, along with the further self-interested point that a ruling in favor of the comfort women would open the United States to human rights lawsuits in other countries. (Remember that the United States has sabotaged the International Criminal Court.) Says Brown, "It shows a failure to understand the significance of the comfort women case as a major step in the development of human rights for women. After all, their case could have been brought up in the Far East tribunal right after World War II, but it wasn't. This is a major chance to move beyond that. You could even argue that the view of women as property--if not of one man, then another--was what prevented sexual slavery from being seen as a war crime until now."
The US lawsuit may well be the comfort women's last chance. Now in their 70s and 80s, most will soon be dead, and since few married or had children, there won't be many descendants to continue the fight for reparations. By stonewalling, the Japanese government will have won. And the Bush Administration will have helped it. All that's missing is the call for healing and mutual forgiveness.
Enslave your girls and women, harbor anti-US terrorists, destroy
every vestige of civilization in your homeland, and the Bush
Administration will embrace you. All that matters is that you line up as
an ally in the drug war, the only international cause that this nation
still takes seriously.
That's the message sent with the recent gift of $43 million to the
Taliban rulers of Afghanistan, the most virulent anti-American violators
of human rights in the world today. The gift, announced last Thursday by
Secretary of State Colin Powell, in addition to other recent aid, makes
the United States the main sponsor of the Taliban and rewards that "rogue regime"
for declaring that opium growing is against the will of God. So, too, by
the Taliban's estimation, are most human activities, but it's the ban on
drugs that catches this administration's attention.
Never mind that Osama bin Laden still operates the leading
anti-American terror operation from his base in Afghanistan, from which,
among other crimes, he launched two bloody attacks on American embassies
in Africa in 1998.
Sadly, the Bush Administration is cozying up to the Taliban regime at
a time when the United Nations, at US insistence, imposes sanctions on
Afghanistan because the Kabul government will not turn over Bin Laden.
The war on drugs has become our own fanatics' obsession and easily
trumps all other concerns. How else could we come to reward the Taliban,
who has subjected the female half of the Afghan population to a continual
reign of terror in a country once considered enlightened in its treatment
At no point in modern history have women and girls been more
systematically abused than in Afghanistan where, in the name of madness
masquerading as Islam, the government in Kabul obliterates their
fundamental human rights. Women may not appear in public without being
covered from head to toe with the oppressive shroud called the
burkha , and they may not leave the house without being accompanied by
a male family member. They've not been permitted to attend school or be
treated by male doctors, yet women have been banned from practicing
medicine or any profession for that matter.
The lot of males is better if they blindly accept the laws of an
extreme religious theocracy that prescribes strict rules governing all
behavior, from a ban on shaving to what crops may be grown. It is this
last power that has captured the enthusiasm of the Bush White House.
The Taliban fanatics, economically and diplomatically isolated, are at
the breaking point, and so, in return for a pittance of legitimacy and
cash from the Bush Administration, they have been willing to appear to
reverse themselves on the growing of opium. That a totalitarian country
can effectively crack down on its farmers is not surprising. But it is
grotesque for a US official, James P. Callahan, director of the State
Department's Asian anti-drug program, to describe the Taliban's special
methods in the language of representative democracy: "The Taliban used a
system of consensus-building," Callahan said after a visit with the
Taliban, adding that the Taliban justified the ban on drugs "in very
Of course, Callahan also reported, those who didn't obey the
theocratic edict would be sent to prison.
In a country where those who break minor rules are simply beaten on
the spot by religious police and others are stoned to death, it's
understandable that the government's "religious" argument might be
compelling. Even if it means, as Callahan concedes, that most of the
farmers who grew the poppies will now confront starvation. That's because
the Afghan economy has been ruined by the religious extremism of the
Taliban, making the attraction of opium as a previously tolerated quick
cash crop overwhelming.
For that reason, the opium ban will not last unless the United States is
willing to pour far larger amounts of money into underwriting the Afghan
As the Drug Enforcement Administration's Steven Casteel admitted, "The
bad side of the ban is that it's bringing their country--or certain
regions of their country--to economic ruin." Nor did he hold out much
hope for Afghan farmers growing other crops such as wheat, which require
a vast infrastructure to supply water and fertilizer that no longer
exists in that devastated country. There's little doubt that the Taliban
will turn once again to the easily taxed cash crop of opium in order to
stay in power.
The Taliban may suddenly be the dream regime of our own war drug war
zealots, but in the end this alliance will prove a costly failure. Our
long sad history of signing up dictators in the war on drugs demonstrates
the futility of building a foreign policy on a domestic obsession.
The recent New York Times front-page headline "Scientists Say Gay Change Is Possible" left me somewhat bemused.
When we left that old journalistic evergreen, the evils of daycare, two weeks ago, the media hysteria over the NICHD study had just about peaked. The researchers had begun to turn on each other in public, never a good sign--Jay Belsky, a champion soundbiter who had seized the media initiative by strongly suggesting that the study showed that more than thirty hours a week with anyone but Mom would risk turning little Dick and Jane into obnoxious brats, was sharply challenged by numerous co-researchers, who claimed the study's results were tentative, ambiguous and negligible, hardly results at all, really. After a few rounds of this, the media suddenly remembered that no one had actually seen the study, which won't be published for another year and which does seem on the face of it rather counterintuitive: Daddy care is bad? Granny care is bad? Quality of care makes no difference? What really did the trick, though, I suspect, was that every fed-up woman journalist in America sat down and bashed out a piece telling the doomsayers to lay off, already. With 13 million kids in daycare, and two-thirds of women with children under 6 in the work force, working moms are a critical mass, and they are really, really tired of being made to feel guilty when they are, in fact, still the ones doing double duty at work and home.
Compare the kerfuffle over the quantity of hours spent in daycare with the ho-hum response to studies of its quality. On May 1, Worthy Wage Day for childcare workers, came a study from Berkeley and Washington, DC, that looked at staffing in seventy-five better-than-average California daycare centers serving kids aged 2 1/2 through 5. According to Then and Now: Changes in Child Care Staffing 1994-2000, staffers and directors are leaving the field in droves. At the centers in the study, 75 percent of teachers and 40 percent of directors on the job in 1996 had quit four years later. Some centers had turnover rates of 100 percent or more (!) from one year to the next. Half the leavers abandoned the field entirely--raising their incomes by a whopping $8,000 a year compared with the other half, who remained in childcare. Nor were those who left easily replaced: Most of the centers that lost staffers could not fill all their job slots by the next year.
The demoralization and turmoil caused by constant turnover stress both the workers who stay and the children. Making matters worse, the new workers are "significantly less well-educated" than those they replace--only a third have bachelor's degrees, as opposed to almost half of the leavers. Pay, say the researchers, is the main issue: Not only have salaries not risen with the rising tide supposedly lifting all boats; when adjusted for inflation, they have actually fallen. A daycare teacher works twelve months a year to earn $24,606--just over half the average salary of public-school teachers, who work for ten months (not that schoolteachers are well-paid, either). Center directors, at the top of the field, earn on average a mere $37,571; the recommended starting salary for elementary-school teachers in California is $38,000. (In France, which has a first-rate public daycare system, daycare teachers and elementary-school teachers are paid the same.) Daycare teachers love their work--two-thirds say they would recommend it as a career--but simply do not earn enough to make a life in the field.
It's a paradox: Even as more and more families, of every social class, rely on daycare, and even as we learn more and more about the importance of early childhood education for intellectual and social development, and even as we talk endlessly about the importance of "quality" and "stability" and "qualified" staff, the amount of money we are willing--or able--to pay the people we ask to do this demanding and important job goes down. Instead of addressing this reality, we endlessly distract ourselves with Mommy Wars. (You let your child have milk from the store? My child drinks nothing but organic goat milk from flocks tended by Apollo himself!) And because as Americans we don't really believe the rest of the world exists, when a study comes along suggesting that other-than-mother-care produces some nasty and difficult kids, we don't think to ask if this is a problem in Denmark or France, and if not, why not.
Two new books of great interest, Ann Crittenden's The Price of Motherhood and Nancy Folbre's The Invisible Heart: Economics and Family Values, point out that there is a crisis of care in America. Women are incredibly disadvantaged when they perform traditionally female work--childcare, housework, eldercare--unpaid within families. (According to Crittenden, motherhood is the single biggest cause of poverty for women.) The free market cannot replace this unpaid labor at decent rates, Folbre argues, because it would be too expensive: Even now, most families cannot afford tuition at a "quality" daycare center, any more than they can afford private school. And men are hardly falling over themselves to do their share--nobody's talking about the Daddy Track, you'll notice. Both writers call for recognizing the work of care as essential to the economy: Top-quality daycare should be funded by the government, like school, because it is a "public good."
Unfortunately, funding public goods is not exactly a high priority of government, which is busily cutting programs for children in favor of a huge tax cut for the rich. These days our main public goods seem to be prisons ($4.5 billion), the drug war ($19 billion, including $1 billion in military aid to Colombia), abstinence education ($250 million) and executing Timothy McVeigh ($50 million, not counting plane tix for celebrity death witness Gore Vidal). You can always find money for the things you really want.
Once again the Bosnian Initiative Frankfurt, a German human rights group, is asking Nation readers to help fund summer camp for Bosnian refugee children. Many readers have become an integral part of this wonderful effort, sometimes going beyond donations to correspond with particular children. $150 makes you a "godparent" and pays for two weeks of camp for a child, but gifts of any size are welcome. Send checks made out to the Bosnian Initiative Frankfurt to me at The Nation, and I will forward them.
In many respects, the recent meeting in Chicago of the National Abortion Federation (NAF), the major professional association of abortion providers in North America, looked like any other medical gathering. Participants wearing name tags attended workshops, engaged in lively debate about medical innovations in their field, examined the exhibits set up by vendors and greeted old friends and colleagues.
But in other ways this was not a typical medical conference. Security was tight, with guards checking registration badges and conferring on walkie-talkies. Along with presentations on "Vaginal Ultrasound Assessment" and "Monitoring Chorionic Gonadotropin Levels After Mifepristone Abortion" were sessions on "Ensuring the Rights of Minors: Making Your Judicial Bypass Work" and "Understanding FACE (Freedom of Access to Clinic Entrances) and How to Invoke Its Protection." One of the keynote speakers was an FBI agent who played a key role in the apprehension of James Kopp, the fugitive accused of murdering Dr. Barnett Slepian, an abortion provider in Buffalo, New York, in 1998, and of wounding several other physicians.
While NAF meetings always display this surreal combination of conventional medical components and vivid reminders that abortion is the most politicized--and besieged--branch of medicine in the country, this year the atmosphere was especially tense. The fact that the reliably prochoice Clinton-Gore team is gone, replaced by an Administration that is deeply, and cleverly, hostile to abortion, seemed to hover over every conversation. As abortion providers well know, even if Roe v. Wade is not overturned, abortion access can be eviscerated by its enemies. Here are just some of the Bush Administration's initial steps in that direction:
§ As Attorney General, John Ashcroft, one of the most fanatically antiabortion senators in history, is charged with protecting the safety of abortion providers and patients. Despite repeated assertions at his confirmation hearings that he accepts Roe as "settled law," no one expects him to continue with the forceful and active steps that his predecessor, Janet Reno, took to combat antiabortion terrorism. Ashcroft will also play a key role in judicial appointments. While public attention has inevitably focused on the Supreme Court, judges appointed to lower federal courts have an enormous impact on abortion provision, ruling in such diverse areas as waiting periods, legislatively mandated scripted counseling for abortion patients, interpretations of permissible buffer zones outside clinics (areas that may be kept free of protesters) and on any revisitation of "partial birth" abortion bans.
§ Secretary of Health and Human Services Tommy Thompson sent chills down the NAF community's collective spine when he announced at his confirmation hearings that he would call for a "review" of the FDA's approval last fall of the "abortion pill," RU-486 (mifepristone). Also, antiabortion Congressmen have introduced the Patient Health and Safety Act (PHSA), a bill that seeks to restrict distribution of the drug by prohibiting anyone other than physicians who provide surgical abortions from dispensing it, thereby thwarting its promise to improve access in underserved areas. Thompson's threatened "review" would likely do the same.
For now, Thompson appears to be holding off on such a review. The Administration has not yet named an FDA commissioner, most likely because of the hot-button politics of mifepristone approval. And it is not clear whether the PHSA will pass the Senate. But uncertainty over the fate of this drug is hampering the campaign to disseminate it. Prospective abortion pill providers face a host of other challenges as well: arranging malpractice insurance and managed care reimbursement, conforming to legal requirements (parental notification, waiting periods, etc.). As a result, nearly all those currently offering the drug are surgical providers.
§ The Unborn Victims of Violence Act, passed by the House on April 26, makes it a federal crime to injure or kill the fetus of a pregnant woman. Even though the act specifically exempts abortion, the prochoice community widely views it as a crucial first step in a campaign by abortion opponents to secure the status of "personhood" for the fetus (and indeed, embryos and blastocysts). As one lawyer at the NAF meeting told me, "Fertilized cells will have the same legal status as a woman, and eventually this will threaten various forms of birth control as well as abortion." George W. Bush has voiced his eagerness to sign the bill into law.
And what of the Supreme Court? Amid the rumors of the possible retirement of one or more Justices this summer, the stakes are high for abortion providers--and for Bush as well. Given the public's split on the issue, Bush risks alienating a sizable number of voters no matter what he does. (Despite people's discomfort with abortion, polls show that a majority wants to see Roe stand.) One likely scenario is that Bush will nominate a "stealth" antichoicer--one with no paper trail on abortion--and then try to prevent an abortion case from reaching the Court before the 2004 election.
How can the abortion rights movement respond? Lucinda Finley, a law professor at SUNY, Buffalo, says, "The movement must convince senators to announce that they will not confirm someone who is unwilling to state his or her position on Roe." The Feminist Majority urges a filibuster against any nominee not committed to preserving Roe (see www.million4Roe.com). Whether prochoicers have such political capital remains to be seen. The recent abortion rights march in Washington, whose timing unfortunately conflicted with Earth Day and Quebec demonstrations as well as the NAF meeting itself, attracted a disappointing turnout and almost no media attention.
As the rest of the movement awaits the Court showdown, abortion providers continue to endure countless hassles just to open the doors of their clinics each day. Many states have imposed TRAP--"targeted restrictions against abortion providers"--laws consisting of cumbersome rules, directed only at abortion facilities, regulating such matters as door width and air flow. Even those in states without TRAP laws face constant battles with landlords who try to evict them, vendors under pressure not to service them and frequent threats of violence. The community of providers, which has shown an extraordinary ability to carry on its work with humor and bravery even in such unacceptable circumstances, is gearing up for a long fight.
Feminist anthropology fights for public voice in a new era.
Studies on the effects of childcare on the young are colored by researchers' views about educated women who go to work.
Congress is poised to reauthorize fearmongering "abstinence-only" sex ed.
The arrest in France of James Kopp, the accused assassin of Buffalo obstetrician Barnett Slepian, could not have come at a more awkward time for the Bush Administration. Bush inaugurates himself by blocking aid to international family planning agencies and by nominating antiabortion fanatics to run the Justice Department. Then fugitive Kopp surfaces to remind the American public of where
these bottom-line commitments lead.
In 1994 Bill Clinton's Justice Department initiated a grand jury inquiry into
abortion-clinic violence. But FBI agents grumbled that Justice was
wasting their time, and the grand jury folded its tent in January of
1996 after finding no evidence of a national conspiracy. Five years
later, it's clear that Kopp--accused in three nonfatal shootings in
Canada and the United States in addition to the murder of Dr.
Slepian--had a lot of help, the kind of help for which "conspiracy"
is the operative legal term.
So far, investigators have
arrested two antiabortion felons in Brooklyn--Dennis Malvasi,
convicted of a 1987 clinic bombing in Manhattan, and Loretta Marra,
who blockaded clinics with Kopp. They sent Kopp money and stayed in
touch with him through a Yahoo drop box. The circle is almost
certainly wider--and transnational. For the past year Kopp lived in
Ireland, bunking in hostels and mingling with the fundamentalist
breakaway Catholic sect founded by excommunicated Archbishop Marcel
Lefebvre. Kopp managed to acquire at least two separate Irish
identities and passports for himself and a blank Irish passport and
birth certificates for his New York friends, and someone in Ireland
vouched for his references for an employment agency--all of which
makes it obvious that his was not a solo act. Ireland's right-to-life
leaders deny any connection to the assassin, and it's entirely
possible that his support network was American. In the last
half-decade US antiabortion campaigners have moved on Ireland in a
big way, introducing a militancy previously unknown
Speculation necessarily swirls around the followers
of the Rev. Patrick Mahoney of the Washington-based Christian Defense
Coalition. In March 1999 Mahoney led a brigade of forty Americans to
Dublin, where they occupied the offices of the Irish Family Planning
Association and taught their Irish counterparts all-American
blockade-and-intimidation techniques. Indeed, only a day before
Kopp's arrest, Mahoney was slapped with an Irish court injunction
prohibiting him from further harassing the IFPA. Mahoney had tolerant
words in 1997 after Slepian's shooting, and responded to Kopp's
arrest by warning the Bush Administration not to "harass and
intimidate the pro-life movement."
It can't escape notice
that the Kopp conspiracy began to unravel just as the Court of
Appeals for the Ninth Circuit overturned a jury verdict and
injunction on the Nuremberg Files website, which displays
photos of abortion providers and a list with a strike through the
names of assassinated physicians. On March 28 the Ninth Circuit
unanimously found, in the words of presiding Judge Alex Kozinski,
that if the website's rhetoric "merely encouraged unrelated
terrorists," it is protected by the First Amendment.
Michelman of NARAL called the ruling "a major setback for a woman's
right to choice," and along with Planned Parenthood vowed to pursue
the case to the Supreme Court. To me, Kopp's overdue arrest suggests
a different conclusion. There can be no doubt that the Nuremberg
Files website contributed to a climate of fear--that the website
is the theory and James Kopp's rifle is the practice. Yet the
emerging facts of Kopp's flight make it clear that keeping The
Nuremberg Files off the Internet would not have saved Dr. Slepian
or brought the shooter to justice. The important thing is to
investigate real antichoice gangsterism, real shootings, real escape
routes. The important thing is to insist on the continuity between
Kopp and the "respectable" antiabortion agenda of the White House.
Bush and Ashcroft have been assiduously working to accomplish by
executive order what Kopp attempted with a gun: diminishing the
availability of abortion and thus undermining a civil right. This,
and the climate of fear generated by clinic violence, must be fought
with politics, not censorship. And the recent rise of police
surveillance aimed at antiglobalization protesters only makes more
clear the danger of prosecuting an inflammatory publication as if it
were the hand that smashed the windowpane or pulled the
Kopp's arrest is full of ironies. The most
antichoice Attorney General in US history is now stuck prosecuting an
antichoice assassin; an Administration wild about the death penalty
must forgo capital punishment to secure Kopp's extradition because
France opposes it. It would be a final, and tragic, irony if
prochoice advocates permit antiabortion thugs like Mahoney to play
the martyr--drawing attention away from the very violence they have
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