‘A government prohibited from infringing upon the bodily autonomy of its citizens,’ that’s the goal of state and federal organizers following the Supreme Court of the United States (SCOTUS) decision in Dobbs v. Jackson Women’s Health Organization (2022, the “Dobbs decision”). Planned Parenthood Hudson Peconic (PPHP) is one organization, working with regional activists on community outreach efforts, and educating voters on the 2024 Statewide Ballot Proposal, which would add the Equal Rights Amendment (ERA) to the New York Constitution.
Understanding Bodily Autonomy
The term bodily autonomy is being referenced routinely following the Dobbs decision in 2022. But, what is bodily autonomy? The simple explanation is that bodily autonomy is an individual’s fundamental right to make decisions about their own body, without coercion or limitations imposed upon them by outside forces. The term employs three principles: personal autonomy, self-ownership, and self determination.
Still confused? Let’s take a moment to consider tattoos. It is known and acknowledged that tattoos have gained widespread acceptance, with many people getting them because it improves their self esteem or makes them feel better or more comfortable with their bodies. But, there are many people who continue to condemn, scrutinize, and pass judgment on those who get one. Should that stop you from getting one?
Your decision to get the tattoo or not is rooted in the concept of bodily autonomy, and it is not limited to something as basic as getting a tattoo. The concept of bodily autonomy extends to any decision that has an impact on your body: choosing to color your hair to cover those stray grays, consenting to intimate sexual encounters, or something as important as healthcare decisions, whether a surgical procedure or safe and legal access to an abortion.
The Dobbs decision in 2022 stripped 168.6 million women in the United States of their bodily autonomy, making them subordinate and dependent on the state to make decisions affecting their bodies. Gwen Rosen, Communications and Marketing Manager for PPHP, explains, “[…] There’s no scenario in which a politician can make a better decision about your healthcare than you, with the support of your provider.”
The Equal Rights Amendment (ERA) Explained
When you hear discussion on the ERA, it is important to understand that there are both state and federal iterations of the ERA. The federal ERA was first introduced in Congress in 1923 by Alice Paul and Crystal Eastman as the proposed 28th Amendment to the United States Constitution. In addition, the Feminist Majority Foundation states that twenty-three states have adopted versions of the ERA, amending state constitutions to “[…] prohibit the denial of equal rights under the state law based on sex.”
According to the American Civil Liberties Union (ACLU), the Supreme Court of the United States (SCOTUS) case, Reed v. Reed (1971), established that the Equal Protection Clause of the 14th Amendment, “[…] prohibits discrimination based on sex.” However, in 2011, the late Supreme Court Justice Antonin Scalia said that the Constitution does not prohibit discrimination on the basis of sex and that such a prohibition would require an act of Congress. “[…] If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws,” Scalia argued.
At the time, many people were quick to dismiss Scalia’s comments. But, his words served as the backbone for a future generation of conservative Supreme Court Justices. The Dobbs decision in 2022 overturned precedent established by Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), returning power to states to determine whether women have the right to receive safe and legal abortions or not, thus eradicating women’s bodily autonomy and compelling them to be dependent on the state.
In composing the majority opinion for the Dobbs decision, Supreme Court Justice Samuel Alito declared that the Equal Protection Clause of the 14th Amendment only guarantees some rights not mentioned in the Constitution, “[…] but any such right must be “deeply rooted in this Nation’s history and tradition” and “implicit in the concept of ordered liberty.” This precedent opens the floodgates for other SCOTUS cases to be revisited, including a woman’s right to access contraception and marriage equality.
How does the ERA change any of this? The ERA would establish an Amendment to the Constitution that would add the necessary language to construct a legal standard barring all forms of sex discrimination. Facing a nationwide onslaught of legislative actions infringing on the bodily autonomy of women and the LGBTQIA+ community, Sign4ERA.org explains that the ERA would force Courts “[…] to weigh a constitutional right to be free from sex discrimination against a mere statute, which can never override a constitutional provision.”
During ERA testimonies covered exclusively by Veris Media Group, Claudia Nachega, Deputy Executive Director of the Young Feminist Party, informed a convened panel that, “We certainly cannot allow nearly half our country’s state legislators to disempower entire communities of women and queer people.” While Nachega was speaking in regard to the federal ERA, this sentiment has rallied states to amend their own constitutions, protecting people from sex discrimination.
In November 2024, New York State will have a 2024 Statewide Ballot Proposal on the back of the ballot. According to the New York State Board of Elections, the proposal will amend Article 1, Section 11 of the New York State Constitution, adding explicit legal protections against discrimination on the basis of “[…] ethnicity, national origin, age, disability, and sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” This proposal is the New York Equal Rights Amendment (NY-ERA), and aims to codify bodily autonomy for all New Yorkers.
August Postcard Event
On August 3rd, 2024, PPHP, located in Smithtown, New York, conducted a postcard writing event, informing registered voters about the 2024 Statewide Ballot Proposal on the back of the ballot in November. Against the backdrop of one aggravated protester, displaying signs and echoing anti-abortion rhetoric down the block, the efforts of volunteers, staff, and activists, resulted in a large number of postcards being written and distributed.
In 2022, New York Governor Kathy Hochul responded to the Dobbs decision by signing a legislative package into law, consisting of bills that make New York a safe harbor for women seeking reproductive healthcare services, including abortions. The legislative package also adds protections for New York service providers, including PPHP, from any retaliatory measures by anti-abortion states. But, as strong as the legislative package is, concerns have been raised about the probability of Court interference.
During an interview with Veris Media Group, Rosen discussed how the passage of the NY-ERA would eliminate these concerns and ensure that PPHP can continue to provide reproductive healthcare services undeterred. “[…] It would prevent the state from banning abortion. […] It would prevent any prosecuting of miscarriage. […] It would prevent private insurance companies from reversing reimbursement for abortions […],” Rosen stated. The Courts would face a constitutional roadblock, where future legislation cannot override the constitutional provisions established by the NY-ERA.
Rosen also discussed the NY-ERA’s impact on guaranteeing a woman’s right to privacy, and restoring autonomous decision making when it comes to reproductive healthcare decisions. “At our core, we’re a healthcare organization who has always followed patient privacy to the utmost extent,” says Rosen. Anti-abortion states are passing laws infringing on a woman’s right to privacy, forcing patients seeking a safe and legal abortion to have parental consent and/or consent of a sexual partner. The NY-ERA would prohibit this kind of disclosure, maintaining patient-doctor confidentiality, except in cases where the patient may cause harm to themselves or others.
Planned Parenthood has historically been a target of conservative politics and litigation. Most recently, Doe v. Planned Parenthood (2021), seeks to bankrupt Planned Parenthood Federation of America, Inc., the national organization, on claims that Planned Parenthood engaged in Medicaid fraud in the states of Texas and Louisiana. Rosen says that these continued partisan assaults could hinder their continued operation, or force the closure of Planned Parenthood affiliates. Whether it is legislation or litigation, “[…] things we’ve worked so hard to achieve are gone […] we’ve seen that happen in other states,” she says.
Planned Parenthood and women’s reproductive healthcare is “[the] primary focus,” said Deborah Hauser, Board Member of the National Organization for Women’s (NOW) Suffolk Chapter. Hauser states that NOW is “[…] fighting ferociously for [the ERA],” and claims that, “[…] it is absolutely absurd that it hasn’t happened yet.” Hauser was one of three NOW representatives participating in the event. She said the organization frequently organizes, partners, and attends events that further the conversation on women’s reproductive rights.
Other activists and volunteers told Veris Media Group that working with PPHP, spreading the word about the NY-ERA ballot measure, ensures that New Yorkers will not be subjected to outdated or archaic laws that make women subordinate to the state. There was a lot of excitement and enthusiasm at the postcard event, and Veris Media Group has been told that there are many more events to come.
Healthcare for All – Regardless of Gender
A point that was emphasized during the postcard writing event is that Planned Parenthood is a healthcare provider for everyone, regardless of gender. There is a common misconception that Planned Parenthood is an exclusive healthcare facility for women’s reproductive health. PPHP’s 2023 Year in Review illustrates that 10% of their patients identified as genders other than cisgender women. “We strongly believe that every person, no matter their gender, should come in here and have a private healthcare experience with their provider, that is not interfered with by anyone else,” says Rosen.
The NY-ERA has specific language guaranteeing the rights for people of all sexes, sexual orientation, gender identity, and gender expression. As reported by the NYCLU, the “[…] NYS Equal Rights Amendment is on the path to protect the human rights and reproductive rights of lesbian, gay, bisexual, transgender, gender non-conforming and non-binary New Yorkers,” said Desma Holcomb, Advisor of Equality New York’s Bodily Autonomy and Reproductive Justice Commission.
This contradicts a common misconception that paints Planned Parenthood as strictly an abortion clinic. According to the statistics, the majority of services performed at PPHP included STI testing, preventative healthcare screenings, prenatal care, and gender-affirming care. In 2023, 80% of patients visiting PPHP were between the ages of 20-40, with many of them at or below federal poverty levels. With New York State’s Family Planning Benefit Program (FPBP), many services at PPHP are covered entirely by the New York State Medicaid program, free of “[…] co-payments, monthly payments, or deductibles.”
Naomi Young, Policy Associate for the Equal Rights Amendment Project at Columbia Law School’s Center for Gender and Sexuality Law, stated during closing arguments at the ERA testimonies, that “[…] we have a moment, an opportunity, to transform the problems that we can see so very clearly.” Campaigns for the passage of both the federal ERA and NY-ERA have faced long uphill battles in guaranteeing equal rights and protections under the law. The hard-working activists in attendance at the postcard writing event come from different backgrounds and identities, but were all unified by a common goal, the protection of people across the nation who are being threatened by restrictions to their healthcare and autonomous decision making.