If you are the parent of a newborn, beware. Fourteen to eighteen months from now your child will be programmed to nag for a new toy or snack every four hours, "branded for life" as a Cheerios eater or a Coca-Cola guzzler and placed in the loving care of a market researcher at the local daycare center.
That, at least, was the view of early childhood development presented by the 400 children's-market honchos at the third annual Advertising & Promoting to Kids Conference, held in New York City on September 13-14. Conference-goers attended sessions on topics like Building Brand Recognition, Marketing in the Classroom and The Fine Art of Nagging ("40% of sales of jeans, burgers and other products occur because a child asks for the product"). They cheered winners of the Golden Marble Awards for best breakfast-food and video-game commercials.
The marketing confab was held as the government released a report documenting the growing commercialization of public schools and also as the Federal Trade Commission blasted media companies and the advertising industry for deliberately marketing violent films and products to children. Although kids have been targets of marketing for decades, the sheer amount of advertising they are exposed to today is "staggering and emotionally harmful," says Susan Linn, a Harvard Medical School psychologist who studies media at the Judge Baker Children's Center in Boston. Linn and other child psychologists, educators and healthcare professionals led a protest outside the Golden Marble Awards to draw attention to the effects of the $12-billion-a-year kid-ad industry, including the epidemic of obesity in children and increasing violence in schools. "It's appalling that creativity is being rewarded in the service of manipulating children," Linn says. "We hope this is the beginning of a national movement to challenge this."
In fact, this fall has been a good one for grassroots opponents of corporate commercialism. The Madison, Wisconsin, school board voted in August to terminate its exclusive beverage contract with Coca-Cola, making it the first school district in the country to cancel an existing marketing deal [see Manning, "Students for Sale: How Corporations Are Buying Their Way Into America's Classrooms," September 27, 1999]. The board cited "overwhelming public opposition" as the reason for its decision. That action came hard on the heels of successful campaigns to stop proposed school-marketing deals in Oakland and Sacramento, California; Philadelphia; and the state of Michigan, where a cola contract involving 110 school districts was shot down. In October the American Dental Association passed a resolution urging its members to oppose the marketing of soft drinks and junk food in schools, and the American Psychological Association, under pressure from many of its members, agreed to form a task force to examine whether it is unethical for psychologists to advise companies that market to children. Meanwhile, ZapMe!, the in-school marketing company, abandoned its educational business after failing to convince enough schools to accept its offer of free computers in exchange for delivering student eyeballs to advertisers.
"We're seeing a dramatic increase in local resistance to all forms of corporate marketing to kids," says Andrew Hagelshaw, executive director of the Center for Commercial-Free Public Education, in Oakland. "The issue has finally hit critical mass with the public." Hillary Rodham Clinton has jumped on the bandwagon. Citing a "barrage of materialistic marketing" aimed at young children, the Democratic candidate for senator from New York wants the government to ban commercials aimed at preschool children and to prohibit advertising inside public elementary schools. Anticorporate activists welcomed Clinton's proposals but said they don't go far enough. Opponents of a New York City school board plan to finance free laptop computers for students through in-school advertising say her proposals won't protect millions of high school students. Nor would the proposals apparently affect the commercial in-school TV program Channel One, whose market is primarily middle school students.
Corporate lobbyists are already putting the heat on members of Congress who might support legislation reining in children's advertising. Hagelshaw believes the real battles will take place in local school boards and state legislatures, which may be more receptive to anticommercial arguments. There's never been a better, or more important, time for local activists to step up the pressure on corporate exploiters of children.
In their hunger to take back the White House, the Jerry Falwells and the Pat Robertsons have swallowed the mellow prose of Texas scripted for them by George W.'s handlers--but at the state level, the antigay hate campaigns of the Christian right are picking up steam. "In 2000 there have been and are more gay-bashing initiatives on the ballot than ever before," points out David Fleischer, the National Gay and Lesbian Task Force organizer for state and local politics.
In Nevada, an amendment to the state Constitution banning same-sex marriage, backed by the Southern Baptists (who have pledged $1 million to pass it) and the Mormon Church, won 60 percent approval in the latest polls. In Nebraska, an even worse measure bans civil unions and even legal status for domestic partnerships, which threatens benefits afforded to same-sex couples by private companies doing business there (like Qwest and Wells Fargo). In Maine, the Christian Civic League (a Gary Bauer spinoff) and the Christian Coalition are spending heavily to defeat ratification of a gay civil rights law already passed by the legislature. The progay forces are woefully underfunded in all three states.
But the most critical battle is in Oregon, which has seen forty antigay initiatives (four statewide, the rest local) in the past twelve years. This year's Measure 9 is a viciously broad version of the "no promo homo" amendments Jesse Helms has been trying to pass in Washington for years: It bans public school "instruction of behaviors relating to homosexuality and bisexuality...that encourages, promotes or sanctions such behavior." Sponsored by professional antigay crusader Lon Mabon and his Oregon Citizens Alliance--who were behind the previous referendums--this thought-police measure would have a devastating effect on the ability of the state's schools and colleges to teach about HIV or antigay discrimination and menaces the livelihood of openly gay teachers. Mabon makes it quite clear: He has said that the measure is designed to defund "any place that there is a cultural diversity program or multiculturalism or AIDS education [in which] homosexuality is presented as being normal and acceptable.... Any AIDS education like what occurred at Portland State University or at the local level could not be done. Any speakers that come in, if they are homosexuals, they could not stand up in front of a class or an assembly and talk about a pro-homosexual lifestyle."
Mabon-sponsored referendums aimed at banning civil rights laws protecting gays were defeated in 1992 and 1994, but it will not be so easy this time. In previous years the gay-bashing measures were the only controversial ones on the ballot, and a broad-based progressive coalition fought back effectively; this year, there are twenty-six different ballot questions, and the official guide mailed to every voter is 400 pages, the size of a telephone book. Moreover, there are seven other initiatives of major concern to progressives: two antilabor "paycheck protection" measures; three on tax and budget cutting; and two anti-environmental proposals.
"It's very shrewd of the right wing," says Paddy McGuire, who ran the Clinton campaign in Oregon in 1992 and 1996 and is now chief of staff to the secretary of state. "For $100,000 you can put damn well anything on the ballot--9 is the only one of these measures where signatures were mostly gotten by volunteers, while the others were gathered by paid workers at $1.50 a signature. It's going to take around a million bucks to defeat each one of them--that's $5 to $6 million we won't spend to elect progressives to office." The strategy to sap progressive energies through referendums was the brainchild of Bill Sizemore, the 1998 Republican candidate for governor. Sizemore has turned his strategy into a lucrative business: He runs Oregon Taxpayers United--which is funded by wealthy GOP conservatives and the oldtime timber barons and fronts for the ballot measures--and on the side he runs a signature-collection firm that rakes it in for petition drives.
"We're stretched thin," worries Josh Kardon, Oregon Senator Ron Wyden's chief of staff. "The governor [liberal Democrat John Kitzhaber] is tied up fighting off the two measures aimed at his budget. Wyden's tied up trying to raise money for state legislative races--we're in spitting distance of taking back one or both houses. Because we're so diluted, trying to explain in a short time why Measure 9 is bad for kids is going to be tough."
All the more so because "we have less than half the staff the campaign that defeated the 1994 antigay referendum had, when they spent $1.7 million," says No on 9 campaign manager Kathleen Sullivan; by mid-September the group had raised only $300,000. Both the Christian Coalition and the Family Research Council are putting major resources into 9's passage. The No campaign does have strong support from the PTA as well as the state AFL-CIO, whose president, Tim Nesbitt, points to "an alliance between Lon Mabon and paycheck protection, which the OCA has endorsed." As the state's leading Democratic pollster, Lisa Grove, points out, "Passage of 9 would have implications beyond Oregon--if they can win here, they'll try it elsewhere." Money for TV ads is desperately needed. To contribute, make out checks to: No on 9, PO Box 40625, Portland, OR 97240; or log on at www.noon9.org.
Although most Israelis, even those who consider themselves members of the left, are blaming Yasir Arafat for escalating the current violence, some are trying to voice a different position. They have organized a number of small protests calling for Israel's withdrawal from the West Bank and Gaza Strip and against the shooting of demonstrators.
In addition, about fifty Israeli scholars and community leaders--Jews and Arabs--have published a petition in Israel's daily Haaretz stating that war must and can be avoided. The petition was initiated by sociologist Baruch Kimmerling. Signers include Ruchama Marton, the founder of the Israeli Physicians for Human Rights; Dalia Kirstein, director of the Center for the Rights of the Individual; and Gila Svirsky, former director of the Israeli and Palestinian feminist group Bat Shalom. Also signing were literary figures David Grossman, Yitschak Laor, Yigal Shwartz and Orly Lubin; economist Arieh Arnon; and three Palestinian citizens of Israel who teach at Ben-Gurion University, Ismael Abu-Saad, Thabet Abu Rass and Ahmad Saadi. The petition demands:
§ An immediate and unilateral Israeli commitment to evacuating the provocative settlements and zones that are to be included in the Palestinian state--including those in the Gaza Strip, Hebron and the Jordan Valley.
§ That Israel accept Palestinian sovereignty over all Arab neighborhoods and mosques inside Jerusalem, while Israel will maintain sovereignty over the Western Wall. The city, within this framework, will be completely open to all residents.
§ That Israel declare a strong commitment to insuring equal rights in every area to all Palestinian and other citizens of the state of Israel, and that it stop shooting at demonstrators.
§ A release and exchange of all prisoners on all sides.
We believe that only the acceptance of this package and the immediate cessation of all violence by all populations on all sides can serve as the basis for rebuilding trust among Jews, Palestinians and the Arab world.
A new era has begun in Serbia, not only because Slobodan Milosevic has at last been expelled from office but because the deed was accomplished by the Serbian people acting in solidarity and without recourse to violence to seize their political destiny. The world will not soon forget the spectacle of Serbian riot police embracing demonstrators or the ballots spilling from the windows of the Serbian Parliament building.
Six months ago, such developments were unthinkable: Serbia's opposition had grown battle-weary and despondent, outmaneuvered by a repressive regime and fractured by internal divisions. Much of the credit for the energy, creativity and wherewithal of the protests belongs to Serbia's youth movement, Otpor, which aggressively advocated coalition-building, nonviolent civil disobedience and the importance of winning police and military support. The popular rebellion in Serbia bore the hallmarks of Otpor's strategy, as well as the youth movement's exuberance and optimism.
Still, the politics of coalition-building are complicated and perilous. Can groups, individuals and institutions that once supported Milosevic's ruling party or that launched and sustained the rhetoric of war really be trusted to help lead Serbia into the new era? For how long will the eighteen opposition parties that united behind Vojislav Kostunica continue to cooperate in the absence of a common enemy? Given Serbia's deeply divided political scene, Kostunica, a nationalist democrat from the center right, was a canny choice for presidential nominee: Uncorrupted by regime ties or mafia connections, Kostunica has a reputation for personal honesty and integrity. An anti-Communist, he also has a history of fierce opposition to Western interference in Serbian affairs. He has denounced the Hague war crimes tribunal as a political tool, he had strong wartime ties to Bosnian Serb leader Radovan Karadzic, and he decried the Dayton agreement of 1995, favoring more substantial Serbian territorial claims in Bosnia. As for the Serbian offensive against Albanians in Kosovo, Kostunica once told the Chicago Tribune, "Their leaders asked for Kosovo to be bombed. How should we behave? How would Americans behave?"
These views appealed to Milosevic's former constituency as well as to the substantial nationalist opposition that has long felt that Milosevic betrayed Serbian territorial aims and soiled the country's international image. Many ordinary Serbs share an abiding distrust of the international community, especially the United States, which they feel punished the people for the actions of a leader many of them despised. At the same time, although he wears his nationalism proudly, Kostunica says that it entails neither chauvinistic intent nor "Greater Serbian" aspirations. Kostunica has always opposed the deployment of paramilitaries, and he is a democrat who favors a free press, a truth commission and the rule of law. His impressively level-headed command of the peaceful rebellion speaks for his commitment to nonviolent conflict resolution within Yugoslavia.
And yet there is an antinationalist segment of the Serbian opposition, however small, that embraces the country's new leader very cautiously. These civil society leaders, many of whom weathered the Milosevic years in Serbia's sizable NGO community, worry that Kostunica will bring with him certain elites who fell from Milosevic's favor in the mid-nineties. After all, among Kostunica's close allies are the Serbian Academy of Sciences and Arts and the Serbian Orthodox Church, both of which helped produce the nationalist rhetoric that Milosevic seized to bolster popular support and to fuel the war machine. Serbian nationalism in all its varieties will not soon disappear, and the student movement in particular has a crucial role to play in keeping Kostunica, as well as his future challengers, honest and in helping a meaningful political life to take root at last in Serbia.
Meanwhile, the practical challenges are monumental. Yugoslavia's economy is a shambles. Not only did NATO bomb key factories last year; not only did sanctions create a vacuum since filled by an all-pervasive black market; not only does Serbia lack a banking system and access to foreign banks; but Milosevic and his cronies established an elite class of gangsters and paramilitaries whose ill-gotten wealth will be difficult to simply wish away. To neutralize the power of organized crime, the holdings of war profiteers and mafia lords may have to be legalized, or at the very least, these characters, who have played such a nefarious role in Serbia's financial and cultural life for the past decade, must be persuaded to invest their wealth constructively. In a society whose institutions, from banks and hospitals to schools and courts, have been neglected or co-opted, and where the flight of the professional classes became a virtual hemorrhage, the road to recovery will be long indeed. Although the easing of sanctions and the promise of aid will help, the people of Serbia must survive a very difficult period of adjustment.
At the end of this period, however, Serbia, the largest and most populous nation in the ex-Yugoslav region, could once again become a forceful neighbor. This is just one reason that it is so important for Serbia to reckon with its recent history and rebuild its relationships with the other ex-Yugoslav republics on a foundation of humility and cooperation. The status of Montenegro remains an open and vexed question, with some of Milo Djukanovic's followers still straining for independence and Milosevic's party officially governing Montenegro on the federal level. And against the will of the Albanian majority, Kosovo remains nominally a part of Yugoslavia; with a reputable government in Belgrade, the international community will eventually withdraw.
The question of reconciliation with the past, specifically Serbia's role in the Yugoslav wars, is also a critical one, and it will most likely be resolved on local terms or not at all. Many Serbs believe they have been demonized by the world media and unfairly singled out for punishment for the Bosnian war. Thus, stern rebukes from abroad often meet with hostility. Although Kostunica has unfortunately vowed not to cooperate with The Hague, he may offer war crimes trials on Serbian soil. One hopes the new freedom of expression Kostunica promises will allow journalists and academics to explore recent history publicly and candidly. This internal process will be delicate, painful and contentious, but it offers the possibility of deep and lasting change.
It took twelve years for the FDA to approve mifepristone--also known as
RU-486--and most of that time had less to do with medicine than with the
politics of abortion. Still, the late-September decision was a
tremendous victory for American women. In approving RU-486, the FDA
showed that science and good sense can still carry the day, even in an
The long delay may even backfire against the drug's opponents. In 1988,
when mifepristone was legalized in France, it was a medical novelty as
well as a political flashpoint. Today, it's been accepted in thirteen
countries, including most of Western Europe; it's been taken by more
than a half-million women and studied, it sometimes seems, by almost as
many researchers. By the end of the approval process, the important
medical professional organizations--the AMA, the American Medical
Women's Association, the American College of Obstetricians and
Gynecologists--had given mifepristone their blessing; impressive
percentages of Ob-Gyns and family practitioners said they would consider
prescribing it; thousands of US women had taken it in clinical trials
and given it high marks, with 97 percent in one study saying they would
recommend it to a friend. Against this background of information and
experience, the antichoicers' attempt to raise fears about the drug's
safety sounds desperate and insincere.
In a normal country, RU-486 would simply be another abortion method, its
use a matter of personal preference (in France it's the choice of 20
percent of women who have abortions, while in Britain only 6 percent opt
for it). But in the United States, where abortion clinics are besieged
by fanatics and providers wear bulletproof vests, mifepristone's main
significance lies in its potential to widen access to abortion,
especially in those 86 percent of US counties that possess no abortion
clinic, by making it private--doctors unable or unwilling to perform
surgical abortions could prescribe it, and women could take it at home.
It is unlikely, however, that Mifeprex, as the drug will be known when
it comes on the market, will prove to be the magic bullet that ends the
war on abortion by depriving antichoice activists of identifiable
targets. The nation has been retreating from Roe v. Wade for a
quarter-century, and a good portion of the patchwork of state and local
regulations intended to discourage surgical abortion will apply to
Mifeprex as well: parental notification and consent laws (thirty-two
states), waiting periods (nineteen states), biased counseling and
cumbersome reporting and zoning requirements. States in which
antichoicers control the legislatures will surely rush to encumber
Mifeprex with hassles, and small-town and rural physicians in particular
may find it hard to prescribe Mifeprex without alerting antichoice
activists. Doctors are a cautious bunch, and the anticipated flood of
new providers may turn out to be a trickle, at least at first. Abortion
rights activists should also brace themselves for a backlash from their
hard-core foes: Just after the FDA's decision was announced, a Catholic
priest crashed his car into an Illinois abortion clinic and hacked at
the building with an ax.
But in the long run, Mifeprex will make abortion more acceptable. In
poll after poll Americans have said that when it comes to terminating a
pregnancy, the earlier the better. Mifeprex, which has been approved for
the first forty-nine days after a woman's last menstrual period--when
the embryo's size varies from a pencil point to a grain of rice--may
well prove not to arouse the same kinds of anxieties and moral qualms as
surgical abortion. Then, too, Americans are used to taking pills. That,
of course, is what the antichoicers are afraid of.
Call it the Prague Fall: a season not only to test the democratic progress of Central Europe's most favored post-Communist nation but to find out whether a nonhierarchical, nonviolent movement of fair traders, environmentalists, debt-relief activists, socialist workers and revolutionaries can--by applying public pressure to the world's most powerful economic institutions--force real change. Prague proved, if nothing else, that the issues of corporate reform and increased social services have worldwide appeal. Red-sashed Catalonian Marxists marched alongside white-clad Italian Zapatista sympathizers. Nervous Czech environmentalists rubbed shoulders with black-hooded German anarchists. Activists from Greece and Turkey--yes, Greece and Turkey, together--commanded the front line of a march blockaded by police and kept it calm. This was not the globalization of multinationals, but in the words of Scott Codey, a US activist, "globalization of human rights, workers' rights and economic justice."
As Day One of the Initiative Against Economic Globalization in Prague began, all was quiet and orderly. Leaders of nonprofit organizations held thinly attended public discussions. Fourteen thousand dark-suited bankers and politicians yawned through World Bank and the International Monetary Fund meetings with titles like "Building the Bottom Line Through Corporate Citizenship" in a Stalin-era convention hall. Meanwhile, the police looked on benevolently--I saw one Czech lieutenant blithely pop a ball into the air with the inscription Liquidate the IMF.
By late morning, however, activists had begun a three-pronged assault on the heavily guarded Congress Center. One group of mostly anarchists and communists managed to snake its way through police barricades and get within yards of the bankers' meeting hall. It remains unclear how the violence escalated so quickly, but fifty Czech police were injured in a bombardment of sticks, stones and Molotov cocktails. By nightfall, after activists had smashed the windows of a McDonald's on Wenceslas Square, cops were again beaten back, this time by protesters wielding the policemen's own batons. The day ended in a cloud of tear gas, with thousands of World Bank delegates being shuttled in buses, searching for the four-star hotels not besieged by young radicals.
By Day Two, to no one's surprise, the Czech police had abandoned their restraint. I saw officers round up protesters for no apparent reason and cart them off to jail, where things got decidedly worse. Many of the 859 arrested were denied food, water and phone calls. And in numerous cases, they were severely beaten. "The jails here are a place of no control, a place of complete darkness," said Marek Vesely, an observer with Citizens Legal Watch, a Czech nonprofit. "A lot of people who didn't have anything to do with the violence got arrested." In addition to investigating a range of human rights violations, Citizens Legal Watch is trying to determine whether police provocateurs urged on the crowds and whether--as was widely rumored--some activists were turned away at the Czech border based on information provided by the FBI.
But amid the apparent chaos, there were signs of accomplishments. For one, pressure from the streets, building ever since Seattle, finally forced two traditionally secretive institutions to let some critics in the door. Representatives of Transparency International, which is calling for public access to World Bank and IMF documents, along with 350 representatives of nongovernmental organizations, were admitted to meetings in Prague (five years ago, only two NGOs were allowed in). World Bank president James Wolfensohn and IMF managing director Horst Köhler even met with NGO leaders in a public meeting presided over by Czech President Vaclav Havel.
Still, the substance of the new dialogue left much to be desired. "Understand that we are not a world government," Wolfensohn told NGO leaders. "Very often people blame us for the politics in a country when they should really blame themselves." Such defensiveness makes it hard to take seriously the World Bank and IMF claim that they want "to make globalization work for the benefit of all." As Liane Schalatek of the Heinrich Böll Foundation said, "NGOs have pointed out for more than three decades that growth is not just economic growth. We have heard the rhetoric." (Wolfensohn did manage to win over rock star Bono of U2, who left Prague calling him "the Elvis of economics.")
The Italian Zapatistas and Catalonian Marxists have now returned home. Czechs have reoccupied their city. And the jails are mostly empty (as of this writing, only twenty protesters remain in custody). But the Prague Fall is not over. The movement is globalized; critics have been admitted into the tent. And perhaps most important, politicians, central bankers and multinational chiefs are beginning to understand that corporate globalization faces truly global antipathy.
Let's give up some applause for Dick Cheney for affirming in deed, if not words, that homosexuality is perfectly consistent with traditional family values. The decision for a Republican candidate for the vice presidency to have an avowed homosexual at his side through virtually every hour of his campaign is a bit risky. It means taking on the forces of intolerance on the right wing of his party, a wing that at one time included Cheney and, more prominently, his wife.
However, now that Cheney has granted his lesbian daughter a major role in his campaign, is it not time for the candidate to distance himself from a Republican platform that would deny equal rights protection to all homosexuals? Evidently homosexuals can be reliable workers, and it should be illegal to discriminate against folks like Mary Cheney simply because of their sexual orientation.
"I think of her as sort of my aide-de-camp," candidate Cheney said in paying tribute to his daughter Mary in an interview last week with the New York Times: "She keeps all the paper flow coming to me; everything sort of funnels through her. More than that, she knows me. She has no qualms about telling me when she thinks I'm wrong, or when I need to do something. Mary will always come in and lay it right on me. My experience over the years is that's invaluable in a campaign. Everybody wants a good relationship with the candidate--not everybody will level with you. Mary levels with you."
One would accept such excellent skills to be valuable to any employer not biased by prejudice against gays. Yet anti-discriminatory laws are needed precisely because not all employers have had the opportunity to learn from their own offspring that homosexuals are indeed normal people.
Given that Mary Cheney is proving so valuable in the campaign, would Cheney, the person who'd be next in line to become commander in chief of the armed forces if George Bush wins, still stick to his oft-expressed view that homosexuals not be allowed to serve in the military? Would his daughter be more inclined than heterosexuals in the military to undermine morale by acting in indecorous ways?
The Republican platform declares that homosexuality is "incompatible" with military service and even stands "united" with the Boy Scouts in that organization's avowed policy of excluding gays. Does Dick Cheney believe that the Girl Scouts are amiss in not following the example of the Boy Scouts, and would he be in favor of excluding his own daughter from playing a role in that organization?
These questions are not intended to be cute or to pull the candidate's chain. They go directly to the hypocrisy in which we treat homosexuals as dangerous freaks unless we happen to be friends with, or related to, one.
Ignorance is the essential ingredient in hate. Dick Cheney probably didn't know his daughter was gay when he compiled one of the most viscously anti-gay voting records in Congress. He was one of only 13 representatives in 1988 who voted against funding for AIDS testing and research at a time when that was conveniently thought to be an exclusively gay disease, and one of only 29 that same year to vote against a Hate Crimes Statistics Act.
Perhaps he would vote differently now that his daughter, whose judgment he trusts in all important matters, has determined that she is indeed a homosexual. Should a woman of such sound thought and strong moral principles not be the best judge of her essential sexual nature? Or should we continue to be guided by the bigotry of legislators and religious proselytizers? It is still against the law in Texas to perform homosexual acts; does Mary Cheney have to retreat to Colorado to legally make love?
Yes, it would be best if such decisions could be left in the private realm, as the Cheneys now ask in refusing to discuss their daughter's sexuality. But it's too late for such niceties because the hate-mongers and their respectable allies in the Republican Party have for decades exploited homosexuality as a hot political issue. It is they who have thwarted every legislative effort to grant to homosexuals the same rights afforded all other citizens.
One can understand why Mary Cheney does not now want to become a poster woman for gay rights. But she is, by her father's witness, living proof that being gay is perfectly compatible with leading a moral, public-spirited and fully enriched family values life. She is a role model that even the political right might be forced to respect.
Activists have achieved power. Now they need to figure out how to use it.
The Supreme Court opens its new term with a case that raises the stakes dramatically in the politics of fetal rights. At issue in Ferguson v. City of Charleston is whether a public hospital violates the Constitution when it tests pregnant women for drug use and turns over positive results to the police without so much as obtaining a search warrant.
Medical professionals and the general public agree that it is not desirable for pregnant women to use drugs. But this case raises a different question: Do women forfeit basic constitutional rights to equal treatment, due process and protection against unreasonable searches and seizures when they become pregnant?
South Carolina has been a leader in the movement, building ever since Roe v. Wade legalized abortion, to establish rights for fetuses. No state has done more to target pregnant women who use drugs. Starting in 1989, the Medical University of South Carolina (MUSC) invited the police and local prosecutor to help implement a policy directed at prenatal-care patients. Women who came to MUSC, the only facility for indigent patients in Charleston, were threatened with arrest if they tested positive for drugs. Some were jailed for the duration of their pregnancies (surely not an optimal environment for pregnant women's health), and others were jailed after giving birth, still in their hospital gowns. All but one were black. The crimes they were charged with--drug possession, child neglect and distributing drugs to a minor--carried penalties of two to twenty years.
South Carolina Attorney General Charles Condon has said, "There is no constitutional right for a pregnant mother to use drugs." True enough. But the Constitution does guarantee rights of personal liberty and due process, which in turn require that all people, regardless of race or gender, be treated fairly and equally under the law. And the Charleston police department has never arrested a male hospital patient and charged him with possessing drugs on the basis of a positive urine test.
The real issue is how to respect pregnant women's constitutional rights while improving their (and their future children's) chances of a good outcome. The state maintains that the "stick" of criminal intervention is necessary to make its policy of "encouraging" pregnant women to get treatment effective. But at the time the policy took effect, there was not a single residential drug-abuse-treatment program for women in the entire state. MUSC itself would not admit pregnant women to its treatment center. And no outpatient program in Charleston provided childcare so that pregnant women with young children could keep their counseling appointments.
Finally, arresting women after they give birth does nothing to promote a healthy pregnancy or newborn. This practice also hinders the basic goals of keeping families together and promoting family stability through the provision of rehabilitative services instead of punishment.
Condon has made plain his desire to challenge the premise underlying abortion law: that a fetus is not a person in the constitutional sense and has no rights of its own. In 1998 he told the Washington Times that he would be "proud" and "very pleased" to defend his policies, "even in terms of reversing Roe v. Wade."
Faced with sanctions and the loss of federal dollars when the federal government investigated MUSC for ethics violations and discrimination against African-American women, the hospital suspended its policy in late 1994. But the program's architects got a boost when the State Supreme Court ruled in 1996 that a viable fetus is a person under the children's code, a ruling that the US Supreme Court allowed to stand. Condon then instructed district attorneys around the state to prosecute for "child abuse" women who take drugs during pregnancy.
Because most women in the United States get pregnant at least once in their lives, the practical and political implications of the Supreme Court's decision in Ferguson v. City of Charleston will be enormous. Fetal rights advocates recently scored a victory in Massachusetts when a judge entered an order of protection on behalf of a fetus and took a pregnant woman into state custody. The state alleges that the woman let her last baby die shortly after birth but has not charged her with any crime. If the Court upholds South Carolina's policy, it will encourage similar actions, effectively putting American women on notice that if they become pregnant, their lives are no longer their own.
Madame Curie's denial of radiation dangers is emblematic of the legacy we now face as America's romance with the atom draws to a close.