More Than A Magazine, A Movement
On April 24, the United States Supreme Court will hear oral arguments in two cases, Idaho v. United States and Moyle v. United States, about whether states can prohibit doctors from treating women with life-threatening pregnancies until a patient’s condition deteriorates to the point where they are about to die.
Reproductive rights and legal advocates are collecting stories from over 100 women who almost died—and at least one who did—after being denied emergency abortion care.
The U.S. Equal Employment Opportunity Commission (EEOC) released its final regulations implementing the Pregnant Workers Fairness Act (PWFA). The landmark statute mandating “reasonable accommodation” of workers’ pregnancy-related needs went into effect last summer, but the regulations explain the PWFA’s protections in more detail, providing additional guidance to workers, employers, and the courts so that the full force of the law is given effect.
In 2021, the Century Foundation published its first care policy report card, “Care Matters,” which graded each state on a number of supportive family policies and worker rights and protections, such as paid sick and paid family leave, pregnant worker fairness, and the domestic worker bill of rights. The 2021 report card revealed the tremendous gaps in state care policies and a fragmented and insufficient system of care workers and families in most states.
This year’s update, co-authored with Caring Across Generations, takes another look at how states are doing.
The Pregnant Workers Fairness Act’s gender-inclusive language—in notable contrast to the Pregnancy Discrimination Act of 1978—marks a crucial step towards ensuring equitable treatment and access to accommodations. Without adequate protections, Texas employers could resist making accommodations for people such as pregnant trans men by arguing that it does not apply to them on the account that the Pregnancy Discrimination Act refers specifically to “women”.
Texas has already made clear that trans and gender diverse employees will not be protected in the workplace, when a judge ruled that employers need not protect trans workers from discrimination based on dress, pronoun, and bathroom usage. The Texas legislature’s obstruction of the PWFA serves as a stark reminder of the tangled web woven by the state’s pro-business stance and its vehemently anti-trans agenda.
Now, as we navigate the treacherous terrain of a post-Dobbs landscape, the plight of transgender pregnant individuals in Texas grows increasingly dire, underscoring the urgent need for comprehensive protections and support.
Texas AG Ken Paxton sued the Biden administration last year over a government funding package that passed largely by proxy votes because of the COVID-19 pandemic. The funding package, passed in December 2022, included the Pregnant Workers Fairness Act, which protects accommodations for pregnant employees and allows workers to sue employers for failing to do so.
Paxton argued the Constitution requires a physical majority of members to pass legislation. Since a majority voted on the funding package by proxy, Paxton said it was unenforceable. Judge James Wesley Hendrix of the Northern District of Texas agreed with Paxton’s understanding of a quorum—ruling the Pregnant Workers Fairness Act unenforceable against the state government and its agencies.
The Alabama Supreme Court’s decision to consider frozen embryos as human life warns of the impact of theocratic decision-making.
Ruling that embryos are human life with legal rights is making a theological statement, rather than a legal or scientific one. We’re watching before our eyes a clear erosion of church and state.
The Supreme Court’s 2022 decision in Dobbs has done a much better job than I ever did to raise public consciousness about the connections between abortion, pregnancy and pregnancy loss. For more than 30 years, I have tried to communicate the fact that abortion and pregnancy are not separate issues and that all people with the capacity for pregnancy—not just those seeking to end a pregnancy—would be harmed by the loss of Roe.
Dobbs however is doing a wonderful job helping people see the connections—from the state of Texas denying Kate Cox the right to end a pregnancy with a fetus that had no chance of survival, to skilled medical professionals fleeing states where they face arrest and financial ruin for providing medical care to pregnant patients.
A record number of women were elected to statehouses last year. But in the Southeast, where some legislatures are more than 80 percent male, representation is lagging as lawmakers pass bills that most impact women, like near-total abortion bans.
The Supreme Court of Texas notched itself into a troubling tapestry of U.S. legal history when it overturned a district court ruling that allowed Kate Cox, a 31-year-old Texas woman, to end her nonviable pregnancy. The state is committed to forcing Cox to remain pregnant, against her will and medical recommendations.
Women in Texas are living in a new Jane Crow.
The Pregnant Worker Fairness Act (PWFA) went into effect this summer. Perimenopause and menopause are related to workers’ reproductive lives and capacity for pregnancy. The inclusion of these terms will provide valuable guidance to employers and the millions of affected workers.
