I periodically post about insights shared with me by one of my cousins, who recently forwarded a recent blog post of his own, containing an intriguing comparison between America’s battle over reproductive rights and prohibition. With his permission, I’m sharing much of what he wrote.
Prior to 1920, there were few restrictions on the production and consumption of alcohol. But after that, the manufacture, sale, and transportation of alcoholic beverages in the United States was made illegal until 1933 under the terms of the Eighteenth Amendment. Major support for this amendment was provided by groups with strong religious ties that included many Protestants, together with a national grassroots base comprising the Woman’s Christian Temperance Union. Ironically, most of the ardent supporters of prohibition were located in rural areas, and they were, to a large extent, pitted against a majority of urban dwellers.
But most Americans have always objected to the removal of a widely available right, and this resulted in widespread flouting of the law banning alcohol, especially in urban areas. Finally, under pressure from a national majority, the twenty-first amendment permitting alcohol was passed, which then ceded responsibility for alcohol policy to the individual states, and as we now know, this has resulted, with few exceptions, in the widespread national acceptance of alcohol.
From these experiences derived from prohibition, we have learned two important lessons that should attract the attention of all, especially those who are anti-abortion: 1) Americans are loath to give up established rights, and 2) religious groups, even if large in number, cannot impose their will on a reluctant majority for extended periods.
And now we are presented with an eerily similar circumstance: For a half century, the general population was enjoying freedom of choice through rights granted by the Supreme Court (Roe vs Wade), and now this right has been abruptly revoked, and this responsibility was passed on to the individual states. And if history is any guide, the vast majority in most states will press for return to something resembling their previous freedom…
The rest of his column looked at the likely outcome of allowing individual states to regulate reproduction. I think it is far more likely that Congress will ultimately codify Roe v. Wade–but only if Democrats win control of both houses.
And that brings me to Indiana, and our open Senate seat.
Marc Carmichael has pledged to work for codification of Roe. (As he frequently notes, he has granddaughters who deserve fundamental rights.) Jim Banks not only supports a national abortion ban with no exceptions–not for rape, incest or the life of the mother–but actively opposes measures that would facilitate or protect access to birth control. He was one of the Republicans who voted against the Right to Contraception Act, a bill intended to “protect a person’s ability to access contraceptives and to engage in contraception, and to protect a health care provider’s ability to provide contraceptives, contraception, and information related to contraception.”
The Right to Contraception Act was essentially an effort to codify Griswold v. Connecticut. Griswold was a precursor case to Roe, in which the court held that a couple’s decision to use birth control was none of government’s business–that individuals have a constitutional right to personal autonomy, aka privacy.
I’ve linked to the text of the bill, passage of which was blocked by Republicans.
In the wake of the Dobbs decision, GOP operatives hastened to assure voters that the party wasn’t coming for contraception–that, to the contrary, with abortion banned, access to birth control would be expanded. Their actions, however, proved how hollow–indeed, dishonest– those assurances were. Red states rushed to pass “personhood” amendments that enabled the recent theocratic attack on IVF in Alabama. The decision in the Hobby Lobby case continues to allow employers with “sincere religious objections” to deny birth control coverage to employees whose “sincere religious beliefs” differ.
I believe my cousin was exactly right to compare the politics of the Republican war on reproductive liberty to prohibition. In both cases, self-appointed “god squads” have tried to enlist government to impose their views on everyone else. In both cases, huge majorities of Americans disagree with those views. Those majorities defeated prohibition, and I am confident will vote to secure women’s rights to birth control and abortion.
The battle reminds me of that famous line from Network. To paraphrase, American women are mad as hell, and we’re not going to take it anymore; we’re not going back to being submissive, barefoot and pregnant. We’re going to defeat Jim Banks and his fellow misogynists and send allies like Marc Carmichael to the U.S. Senate.
I think I’ll go drink to that…..
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