Bray v. Alexandria Women's Health Clinic
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Bray v. Alexandria WomenÕs Health Clinic: Protection for Clinics Hangs in the Balance By Mark Gillman While the public spotlight has focused on legislative and judicial battles over the right to choose, less attention has been given to a pending U.S. Supreme Court decision that could significanly impact the accessibility of abortion services. Bray v. Alexandria WomenÕs Health Clinic is an appeal by Operation Rescue of an injunction protecting a group of northern Virginia abortion providers against blockades and harassment. The injunction was issued under the 1871 ÒKu Klux Klan Act,Ó a federal civil rights statute prohibiting discrimination against a class of people. The statute was originally intended to protect African-Americans from white supremacy groups blocking their right to travel. The Bray case forces the Court to decide whether the statute also protects the rights of women traveling to obtain medical services. Attorney Deborah Ellis of the NOW Legal Defense and Education Fund argued the case for the clinics, supported by NARAL, the National Abortion Federation, Planned Parenthood Federation of America, the NAACP, and over 35 others. First, Ellis sought to establish that women as a class are protected by the Ku Klux Klan Act. Operation Rescue does not directly contest this assertion, although the Court has never ruled on it. Secondly, Ellis argued that Operation RescueÕs actions constituted mob conspiracy against this class of women. She reminded the Court that abortion and reproductive freedom are still constitutionally protected rights exclusive to women. Therefore, denying women access to clinic services constitutes discrimination against women as a class. Ellis streesed that the majority opinion in Planned Parenthood of Southeastern Pennsylvania v. Casey recognized that access to abortion is critical in allowing women to control their own lives and gain equality in the workplace. Furthermore, since an estimated 20% of the patients at the Alexandria clinic are from other states, prohibiting women from entering the clinics infringes upon these patientsÕ right to interstate travel. Already, increased state restrictions and dwindling accessibility force more and more women to seek out-of-state abortions, inextricably linking the right to travel to the right to reproductive freedom. Operation Rescue and the Bush Administration claimed that the statute was improperly applied. They contended that the protesters target abortion, not women, since not all women are in favor of abortion rights. The plaintiffs further argued that Operation Rescue sought to deny everyone access to the clinic, regardless of gender or state residence. Ms. Ellis countered these assertions with analogies to earlier court cases. She pointed out that the KKK actions that prompted the statute were still discriminatory, even if some African-Americans did not wish to vote. She also drew parallels to the school integration protests of the 1960Õs, in which angry mobs prevented all students - black or white - from entering the schools. Operation RescueÕs expressed desire to stop all women from obtaining abortions includes those who had to travel between states to exercise this right. The stakes in Bray are high. A ruling against the providers could significantly increase harassment and intimidation, which threatens to put a number of linics out of business. Providers would be forced to apply for individual injunctions based on state trespassing and nuisance laws, a patchwork process with costly legal fees that ultimately would be contingent upon the whim of state court judges. Patients would have even fewer protective options under the law, since trespassing legislation only safeguards the property owners. However, the CourtÕs decision in Bray will be based only upon its interpretation of an existing statute. Congress retains the power to enact new legislation protecting patients and clinics, and pro-choice voters should pressure Senators and Representatives to do just that. Just as it is critical that the federal government approve the Freedom of Choice Act, it is equally critical that Congress pass laws which prohibit the blocking of any health care facility, including those that provide abortion. Operation Rescue's atrocious disregard for the right to individual medical care is blatantly at odds with the Constitutional protection of human liberties, and must be stopped. o Activist Action: In June the Redding Feminist Women's Health Center was fire-bombedby anit-choice extremists and the Chico Feminist Women's Health Center was hit by butyric acid, a noxious chemical that causes dizziness, vomiting and severe skin and eye burns. Contributions to help re-build both these clinics may be made to: RFWHC Fire Fund mail to: The Siskiyou Pro-Choice Network, P.O. Box 592, Dunsmuir, CA 96025.