Challenging Oklahoma’s new abortion law
In 1913, Alice Paul and Lucy Burns founded what would come to be called the “National Women’s Party”. The seal pictured was the official flag of the party, there were 36 stars to represent the 36 states needed to ratify the 19th Amendment which allowed women access to the right to vote. Now, i’m pretty sure you’re wondering what this flag, or the NWP have to do with the new Oklahoma law that was passed a few weeks ago. At first glance, not a whole lot, but in examining the way that the brave women of Oklahoma are fighting back against HB 1595, i have to ask…
What would Alice do?
Alice Paul lived and advocated in a time when women were at odds with how to react to legislation and a government that ignored their issues and acted on behalf of women, rather than with women (sound familiar) Its tragic that nearly 80 years after the 19th Amendment finally passed, we are still being dictated to by governments as if we have no rights at all. In my last post, regarding HB 1595, the new abortion law in Oklahoma, many people responded with outrage and disgust at how the legislators and elected representative were approaching this measure. As if it weren’t enough to suggest that women needed to be “monitored” by the State Dept of Health, it goes so far as to make public information that could easily link a woman in her community to the information posted on the website.
PS: there has been some dispute as to whether or not this information would actually be made public online, and i’m sorry to report that in Section 5 parts C-E of HB 1595, it lays out that while the public would not have access to the name of the patient, the information would be posted online as part of the “Oklahoma Open Records Act”
The reason i think that myself, and many others, have such a problem with this is that abortion, and really just autonomy over women’s bodies has been such an ongoing battle in this country, as well as the rest of the world, that it is shocking that we are still having to validate our choices. In response to HB 1595, “The Center For Reproductive Rights, former state Rep. Wanda Jo Stapleton (D-Okla.), and Okla. resident Lora Joyce David have filed a lawsuit to prevent this contentious abortion bill from going into effect, on the grounds that it violates the state’s constitution” (The Huffington Post) The constitutional issue that will be at hand, is not one of equal rights or bodily autonomy (ask me how much i wish “bodily autonomy” was apart of ANY state constitution that doesn’t involve the word “fetus” alongside it) but rather they are fighting it on a technicality of the bill stating 1) the term “certified technician” is not properly defined and 2) the bill lists more than one subject (redefining terms as well as the creation and publishing of information to a website) The Oklahoma constitution states that laws can only deal with one subject at a time.
Now, I give kudos to anyone fighting against this ridiculous legislation and encourage trying to fight the powers that be in any way, shape or form. However, i do find it disheartening that in the year 2009, almost ten years after the millennium began and the world would see changes it never dreamed of, according to corporate and industrial marketing campaigns, we are still dealing with the same fight that Alice Paul fought against in the first twenty years of the 20th century…..why do women have to work WITH laws, that clearly do not want to work with us? During the teen years of the 20th century, Alice Paul, along with the women of the National American Woman Suffrage Association (NAWSA) tried to work desperately with the men of Washington DC, particularly Woodrow Wilson, to support the ratification of the 19th Amendment. When Alice Paul realized that President Wilson controlled the outcome, and would only continue to delay it, she sought ulterior motives in pursuing her goal. She broke from NAWSA and started the National Women’s Party. A political party that would neither seek office, nor elect a candidate to run for office. Using the phrase coined by Susan B. Anthony, “No self respecting women should wish or work for the success of a party that ignores her sex” Susan B. Anthony, 1872 (Image)
At the time, as well as in retrospect, this was a radical action to take. Not only was it seen as “splitting the movement” but it was seen as treasonous and disrespectful, especially once American entered WWI. It was unheard of to challenge, question, and/or protest a war time president. Yet, Alice stood strong. In relation to HB 1595, I wonder why we can’t all have a little Alice Paul in us. Why, in retaliation to this law, or any other, do we feel the need to work within the law, oppose to outright changing it?
I understand this is a radical question. And while I am not at all trying to demean or belittle the work that is currently being done in Oklahoma, I do wish to ask the women who are not currently involved with this particular fight, what would you do to fight this kind of monitoring system on your right to choose? Have we progressed enough politically to fight back outside of the lines that are drawn around us? Do we still need to work within the bounds of the constitution when that constitution was written by men who thought slavery was permissible and their wives were property? I am not looking for answers but rather for a dialogue to be started around these questions.
We need to remember that while these laws are being created around us, we then are being forced to work against them in the same confines that allow them to pass in the first place. Is this fair? or just the American dream coming true?

1freewomyn
wrote on 19 October 2009 at 23:01
What would Alice do? I love this – it’s gonna be my new motto!
2tom
wrote on 20 October 2009 at 1:18
No matter what the motive, love of ease, or a desire to save from suffering the unborn innocent, the woman is awfully guilty who commits the deed [abortion].
- Susan B. Anthony
3tom
wrote on 20 October 2009 at 1:25
“When we consider that women are treated as property, it is degrading to women that we should treat our children as property to be disposed of as we see fit.”
- Elizabeth Cady Stanton, co-founder of National American Woman Suffrage Association (NAWSA)
4Kirstin
wrote on 20 October 2009 at 20:57
Much like the their fellow activist Margaret Sanger, both Susan B Anthony and Elizabeth Cady Stanton had political and social views that some feel conflict with their use today as iconic women’s issue activists, and it can’t be denied that their contributions to individual areas of women’s rights are call for reference. That being said, whether or not they are viewed today as alligned with the pro-choice movement, they are indeed influential women who sought to both work in and outside of the law to accomplish their goals of equality for women. My use of them in this article is not to align them with the pro choice movement but rather to use them as an example of how activists can use different methods to acheive their goals within the legal system.
5freewomyn
wrote on 20 October 2009 at 23:16
I have to agree with Kirstin. Anthony and Stanton opposed abortion because in the 1800’s, it was unsafe for women. They were, however, HUGE advocates of family planning and encouraged women to space their pregnancies and limit sexual activity as a way of giving themselves more options. You have to remember that the Pill wasn’t invented until the 1930’s. Condoms were available in the mid-lat 1800’s, but they were illegal under the Comstock laws. Few women were in a position to say no to sex. But Anthony and Stanton firmly believed that women needed to take control over their reproductive lives.
You gotta love how the anti-choice movement will take anything out of context and try to spin it to their advantage. As if they really gave a shit about women anyway.
6GalforLife
wrote on 22 October 2009 at 11:13
Just remember girls… You had a choice about your body, and you chose to have sex. If you’re not ready to have a baby, don’t have sex… It’s really that simple. Then you don’t have to commit murder to solve your mistakes.
7Kirstin
wrote on 22 October 2009 at 17:20
I find your logic flawed to say that sex equals abortions. To start with, sex, and being sexual for that matter, is not unique to becoming a baby maker, and to imply that 1) women should not/do not have sex without the result of a child and 2) ONLY women should be concerned with the result of having that child is the most sexist and ignorant thing i’ve heard in quite some time. To imply that it is only the woman’s burden to think of the aftermath of a child is to revert back also to a time when women were property and sold in exchange for animal livestock in marriages. Thanks for the flashback….but I prefer the reality of being a person with rights