Tuesday night, Senator Wendy Davis, a very vocal supporting crowd at the Texas capitol, and very engaged online communities fought for women’s reproductive rights in Texas.
And won.
The issue, if you haven’t heard — and you may not have, as mainstream media ignored this yesterday (most hilariously on CNN, where the caloric value of blueberry muffins were discussed during the climax in the TX Senate) — the issue was Texas Senate Bill 5. This bill would make illegal any abortions “at or later than 20 weeks post-fertilization” on the basis that “substantial medical evidence recognizes that an unborn child is capable of experiencing pain by not later than 20 weeks after fertilization” (SB5). This, along with other restrictions about meeting ambulatory care facility standards, would restrict the number of abortion providers in the state of Texas by 80-90%, leaving just five. FIVE PROVIDERS. For the entire state of Texas.
This bill includes (at least) two fundamental errors. First, the egregious suggestion that “substantial medical evidence” supports the idea that a fetus can feel pain at 20 weeks; second, the inclusion of this statement: “restricting elective abortions at or later than 20 weeks post-fertilization, as provided by this Act, does not impose an undue burden or a substantial obstacle on a woman’s ability to have an abortion.” The second can perhaps be arguable, but certainly not in light of the restrictions created by the rest of the bill. With that—the availability of ONLY FIVE abortion clinics—the claim that this “does not impose an undue burden or a substantial obstacle” is practically laughable (if not for its horrendous reality). The first—when a fetus feels pain—has been discounted by numerous medical and scientific bodies, perhaps most notable the American Congress of Obstetricians and Gynecologists on 18 June 2012 in their “ACOG Statement on HR 3803.” This IJFAB audience is likely well aware of these arguments already, but I include them for thoroughness.
Bills like these—aggressive assaults on women’s reproductive rights—have increased exponentially in the last five years. Sadly, SB5 is not new news, except for the sweeping extent of its restrictions.
What is remarkable, and inspiring and encouraging, is the response by Senator Davis—who stood for thirteen hours, without food, water, or bathroom breaks, working to educate the senate (and the public) on every detail that is wrong with this bill—and, also notable, the public response. Venues like Facebook and Twitter are still often discounted as passive, places where people might “like” a status speaking out against these bills, but might not do anything more than click that word. Last night again disproved that discounting.
Last night, I sat glued to my computer as the final hours of the special Senate session ran down, squinting at the live video feed provided by the Texas Tribune, listening to democratic senators try to challenge specious rulings against Senator Davis, flipping to my FB for updates and clarifications and to share my support, learning of other actions—like people tweeting senators on the floor with details about the “germane” restrictions. I was as engaged and present as the protestors crowding the rotunda. In the last fifteen minutes, after being disregarded several times by the presiding senator, Senator Leticia Van De Putte made a parliamentary inquiry, asking,
“At what point does a female senator need to raise her voice to be heard over the male colleagues in the room?”
That inquiry needs to stand on its own for a moment. Read it again.
Because with that question, the crowds exploded. The cheering drowned out any sound on the Senate floor. The “people’s fillibuster” overtook the Senate. A female senator — many female senators — and the women (and men) of Texas demonstrated EXACTLY how to be heard over the dismissal of the male colleagues. And when the republican majority attempted to push the bill through after the midnight expiration, the crowds—live and virtual—exploded further. People on the internet exposed the documents being created, particularly the changing date stamp on the Texas Legislature Online page (which still shows the vote occurring 25 June, though it initially stamped at 26 June—past midnight). Memes and themes emerged. Shenanigans were called.
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People across the US came together and bore witness.
This morning (I couldn’t make it past 3am EST, when the outcome was still hazy), the results were clear: SB5 failed. For now, at least. There’s no doubt that the discussion is not over; Gov. Perry could call another special session today and reopen the issue immediately. But for a minute, at least, women’s reproductive rights stand behind formidable, and loud, defensive lines.
This post is not particularly academic, and certainly risks merely rehashing what’s being said across the wires. I need a bit more time to reflect on the finer points here—the disregard of medicine/science, of women’s reproductive rights, of women’s rights to speak, of the voices of the people—the disenfranchisement of women—the denial of access to medical care—the power of the public to act, and disrupt, and create justice. But I wanted to speak/write/witness, too. Now. And I encourage you to do the same.
And in the meantime, here are some great summaries (some particularly focusing on the interactions of the live and the virtual).
Texas Showdown: Anti-Abortion Bill Fails After Protesters Fill Capitol to Cheer Marathon Filibuster(Democracy Now!)
Led by Davis, Democrats Defeat Abortion Legislation (Texas Tribune)
Slideshow: Fillibuster Dominates Last Day of Session (from Texas Tribune Facebook)
The Internet Celebrates Texas State Senator Wendy Davis’s Filibuster (BuzzFeed)
Messing With Texas (Medium, by rachelsklar)
