The Unrest in Haiti: Country in Crisis

By Jayla S. Carr

Political History

Haitis political challenges can be traced back to its revolutionary past. Following independence, the country faced the daunting task of establishing a functional government amid the ruins of colonial rule. The unmountable debt given to the Country of Haiti from its former colonial power, France, coupled with internal power struggles, set the stage for a volatile political environment that persists.

Haiti has a long history of corrupt leaders, the most notorious of whom were Francois Duvalier, also known as Papa Doc, and his son Jean Claude-Duvalier (Baby Doc), who ruled the country from the 1950s to the 1980s. The Duvalier family was known for its extravagant spending and mishandling of Haiti’s funds. Their regime was characterized by authoritarianism and totalitarian rule, and they used techniques such as extortion, repression, and embezzlement of government funds to maintain their grip on power.

Following the reign of the Duvaliers in Haiti, the country became even more susceptible to natural disasters, especially earthquakes and hurricanes, which further increased its economic vulnerabilities. The devastating earthquake that occurred in 2010 drew attention to the precariousness of Haiti’s infrastructure, leading to widespread destruction and loss of life. The subsequent challenges in rebuilding efforts imposed additional strain on the nations already fragile economy, further impeding its capacity to provide essential services and support its citizens. The earthquake has left many citizens, even years later, without stable housing or work.

Since then, Haitis government has experienced numerous periods of political instability, marked by changes in leadership, coup d’états, and challenges to governance structures. Frequent government changes have hindered the establishment of long-term policies and sustainable development initiatives.

Armed soldiers running away from protestors
Armed soldiers running away from protestors. Credit: Richard Pierrin/Getty Images

Present Crisis

Civil unrest was ignited in Haiti in 2018 when the government announced its intention to eliminate fuel subsidies. The situation was further exacerbated by several contributing factors, including the misuse of loans from Venezuela, social inequality, substandard living conditions, and, well into 2020, the poor management of the COVID-19 pandemic. President Jovenel Moïse faced criticism for seeking to extend his term amid allegations of police brutality, human rights abuses, and violence against protesters. Following Moïses assassination in 2021, the country’s period of crisis has only been exacerbated.

The country has been overrun with gangs and has excelled to new levels, with the gangs taking over and now moving into the country capital, Port Au Prince, a prison near the country capital, and letting out 4,000 prisoners. Many of the country cities were already not safe due to brutal violence such as sexual assault and killings happening daily. Two hundred thousand plus citizens have been displaced from their homes due to the escalating violence. Haiti is home to over 4 million citizens, but the number of police in the country is around 13,000. This massive imbalance of police to citizens has made it very hard for Haitis Political Officials to establish any order within the country.

A white building with domed roofs and a green gate
A white building with domed roofs and a green gate. Credit: Wikipedia

State of Emergency

Haiti declared a State of Emergency on March 3rd, The United States evacuated its Embassy, and the Regional leaders of the Caribbean Community and Common Market (CARICOM) held an emergency summit to discuss the Haiti crisis and establish a framework for a stable political transition. Furthermore, the President of Guyana, Irfaan Ali, commented on the meeting and let it be known that at the summit, plans were agreed upon to create a 7 to 9-member transitional government comprised of Haiti’s major political parties. The council will be in place and responsible for selecting a new prime minister. Recently, According to NBC News, the council has stated that its creation is almost complete. The group hopes to restore Haiti and put it back on the path to legitimate democracy.

According to Al Jazeera, over 200 gangs are operating in Haiti, with two of the most extensive coalitions claiming Port-Au-Prince as their territory. The most infamous and the one who is making news waves is the leader Jimmy “Barbecue” Cherizer of the G9 gang, a former Haiti police officer who has been pushing for the resignation of Haiti Prime Minister Ariel Henry, whom former President Moise appointed. As of March 12, 2024, at the height of the violence and within days of the country calling for a state of emergency, Prime Minister Ariel Henry announced that he would be stepping down and “leave immediately after the inauguration of a new council.” However, Jimmy Barbecue does not like the idea and will resist the implementation unless he is given a seat at the council table. He has stated that the corruption of the “traditional politicians” has not done Haiti any good and are the ones “damaging the country.”

Since the state of emergency was announced the United Nations has estimated that 53,000 Haitians have fled the capital of Port-Au-Prince in March. Also, 1.64 million men, women, and children are facing severe acute malnutrition due to the rise of gang violence has only exacerbated the crisis.  The percentage of those who rely on humanitarian aide for food has only increased. Before the crisis, Haiti’s urban and rural communities had long relied on their city and town markets, which are sustained mainly by the work of Madan Saras, the women of Haiti who buy, distribute, and sell food and other essentials in these markets, serving as the lifeline of the communities. Still, unfortunately, they have become targets for gang violence, especially in recent times. The gangs seek to assert their power over the towns, and thus, the markets have become a hotbed of criminal activity, which has contributed to the decimation of Haiti’s economy. This is just one example among many of the challenges the people of Haiti face.

A group of people holding a flag
A group of people holding a flag. Credit: Guerinault Louis / Anadolu via Getty Images

Path of Uncertainty

Still, despite the council’s creation, a finalized plan has yet to be developed to assure Haiti and its citizens of a peaceful and stable environment. Kenya’s plans to assist the country and bring in military aid have been stalled, and the country’s future is uncertain. The government has been distressed for many years, and the plan to restore stability will require continued effort.

Several organizations are assisting the people of Haiti in the amid unrest. Here are a few of them:

Hope for Haiti Foundation

Hands up for Haiti

Global Giving has information about several ongoing projects in Haiti aimed at assisting citizens.

Unraveling the Injustices in West Papua

By Jayla S. Carr

The region of West Papua has been plagued by a complex web of struggles and injustices that have left indelible marks on its society. These issues are deeply rooted in the region’s colonial past and have been compounded by ongoing struggles for self-determination, discrimination, and egregious human rights abuses. The people of West Papua continue to grapple with the multifaceted challenges posed by these historical injustices, and their struggle for justice and equality remains ongoing.

The Challenges of Self-determination

The Act of Free Choice that took place in 1969 was a significant event in the history of West Papua. At the time, the territory was under Indonesian rule, and a process was initiated to determine the status of West Papua. The process was organized under international pressure but lacked genuine representation and transparency. The participating representatives represented only 1 percent of the West Papuan population, and there were allegations of coercion. The Act of Free Choice has been a lasting source of frustration for West Papuans. It was seen as a profoundly flawed process, symbolizing a profound historical injustice. The vote was conducted in a minimal scope, with only 1,022 handpicked representatives voting. These representatives were pressured to vote in favor of Indonesian rule, and there were even allegations of torture and intimidation. The Act of Free Choice has been a contentious issue ever since. Many West Papuans believe that the process was rigged and that they were denied their right to self-determination. The vote was not conducted fairly and transparently, and the outcome was predetermined. The legacy of the Act of Free Choice continues to resonate, and it remains an important issue for West Papuans seeking justice and recognition.

A flag with blue and white strips with a red stripe and a star
The Flag of West Papua. A flag with blue and white strips with a red stripe and a star.

 Marginalization and Discrimination

Indigenous Papuans have faced systematic discrimination, resulting in stark socio-economic disparities. Unequal access to education, healthcare, and economic opportunities has entrenched a sense of disenfranchisement. Policies favoring non-Papuan migrants further contribute to marginalization exacerbating tensions and perpetuating historical injustices that affect the fabric of Papuan society. Al Jazeera News, reports that the government of Indonesia created a transmigration program that has been moving others from around the country to the Indigenous West Papuan lands, forcing them out of their own.

Cultural suppression in West Papua has taken various forms, and one of the most prominent ones is the restriction placed on indigenous languages and practices. The Indonesian government’s imposition of a dominant Indonesian culture over the diverse cultural landscape of West Papua is perceived as a significant threat to the rich tapestry of Papuan cultural identity. As a result, the Papuan population has been resisting attempts to assimilate them into a broader Indonesian identity for decades.

Recognizing and preserving West Papua’s unique cultural heritage cannot be overstated. The region is home to over 250 distinct indigenous groups, each with its language, customs, and traditions. The suppression of these cultures has had a severe impact on the Papuan people, leading to a loss of cultural identity and a sense of dislocation. Despite the challenges, there are ongoing efforts to preserve and promote Papuan culture. Organizations such as the Papuan Hope Language Institute are working to document endangered languages, while others are advocating for the recognition of customary laws and practices. These efforts are crucial in ensuring that the rich cultural heritage of West Papua is preserved and remembered.

A group of people holding a banner
A group of people holding a banner. Credit: Wikimedia Commons /Nichollas Harrison.

Exploitation and Economic Disparities

West Papuan natives argue that they have not received proportional benefits from economic activities, particularly mining and logging. Military operations that displace indigenous Papuans pave the way for extractive industries and Indonesian settlers, which exacerbates instability and makes it difficult for people to work and earn a living due to the constant threat of violence.

The United Nations human rights experts have been advocating for access to the area to investigate reports of human rights violations. The Office of the High Commissioner on Human Rights estimates that between 60,000 and 100,000 people have been internally displaced since 2018. West Papuans have experienced racism ranging from common insults such as “monyet,” meaning monkey, to active discrimination, limiting their business opportunities and making them feel like second-class citizens. Environmental degradation further exacerbates their struggles and negatively impacts traditional livelihoods. Addressing these economic imbalances is crucial to promoting sustainable development and redressing historical injustices in the region.

 

Movements and Resistance

The Indonesian government’s actions have increased military presence in the region and led to the emergence of West Papuan movements such as the National Committee for West Papua(KNPB)  and the Free Papua Movement (Organisasi Papua Merdeka or OPM). The OPM advocates for independence, which has led to occasional violence and clashes between pro-independence groups and the Indonesian military.

Reports of human rights abuses by the Indonesian security forces have been persistent in West Papua. Violence, extrajudicial killings, arbitrary arrests, and restrictions on freedom of expression and assembly contribute to a climate of fear. The systematic nature of these abuses underlines the urgent need to address human rights concerns as an integral part of rectifying historical injustices in the region. Since the annexation of West Papua in the 1960’s, over 100,000 civilians have been killed in the indigenous land. The most known tragedy was the Biak Massacre in 1998, where tensions between the West Papuan people and the Indonesian military came to a boil. The total number of state forces deployed in the region remains classified. However, Papua and West Papua provinces are known to have the country’s most significant presence of Indonesian troops.

Protestors holding flag and raising their fists
Protestors holding flag and raising their fists . Credit: Ulet Ifansasti/Getty Images

 

Conclusion

The historical injustices embedded in West Papua’s past are intricate and interconnected, requiring a nuanced approach to resolution. A comprehensive strategy should acknowledge the complexities of colonial legacies, contested political processes, discrimination, human rights abuses, cultural suppression, and economic disparities. It is crucial to draw international attention, promote meaningful dialogue, and make concerted efforts to establish justice, equality, and self-determination in West Papua. This is necessary to rectify historical injustices and pave the way for a more inclusive and sustainable future in the region. The Free West Papua Campaign website is a great resource to learn about organizations actively working towards this goal, and you can even donate to support their cause.

 

Here are some websites offering more information about this blog post

Indigenous Peoples Major Group for Sustainable Development

Free West Papua Campaign

Poland: Human Rights Implications of the Recent Election

by Jillian Matthews

Poland is a highly polarized nation, with many valuing tradition, culture, and national identity. The combination of these three components, along with repeated rightwing electoral victories, has led to the democratic backsliding of the country, seen in their overreaching policies regarding women’s reproductive rights, LGBTQ+ rights, and judicial reform. Although many human rights violations have happened throughout the country in the past few decades, the results from the most recent election, held on October 15, 2023, have the potential to expand rights to more citizens in the country. To properly describe its importance, I will explain the political context surrounding this recent election before moving on to discuss the future administration and its potential impacts on human rights.

Political Context

Even while under communist rule, Poland has been a predominantly Catholic state, with an overwhelming majority continuing to practice Catholicism today. Traditional Catholic values continue to influence Poland’s political policies and the opinions of many citizens. This influence is most notably seen in the rise of the Law and Justice Party (PiS), with its social policies rooted in Catholic norms and having close relations with the Catholic Church. Up until the October election, PiS controlled the government and had, since 2015, used its eight years of authority to undermine democracy and human rights. These influences have shaped the repressive policies on issues such as women’s autonomy, LGBTQ+ rights, and judicial practices. Listed below are the current status of these issues, showing the political climate leading into the 2023 election.

Women’s Bodily Autonomy

Under the current administration, abortion has continued to be a huge issue. While abortion was essentially banned in 1993, a 2020 amendment tightened restrictions even further. The recent change eliminated the option for abortion even when the fetus is known to have developmental problems or health conditions incompatible with life outside the womb. Prior to the ban, around 90% of all abortions performed in Poland happened for one of these two reasons: after 2020, women were required to carry even unviable pregnancies to term. While abortions are allowed when the life of the mother is threatened, this doesn’t mean that doctors will provide the necessary care. Countless stories have been recorded of Polish doctors overlooking women’s birth complications, favoring the life of the child, even when the child is unlikely to survive and the mother is likely to die or suffer lifelong complications.

Polish women protest for their bodily autonomy. Source: Yahoo Images
Polish women protest for their bodily autonomy. Source: Yahoo Images

In cases where an abortion is not deemed essential to save the life of the mother, doctors who carry out abortions are subject to punishment. If caught aiding an abortion, . This puts women and their doctors in a dangerous position, with women unable to access necessary help and doctors unable to provide adequate assistance without fear of imprisonment.

Not only is abortion increasingly difficult to obtain, but so is contraception. Out of all European countries, Poland ranked the lowest in terms of contraception access. For example, unlike in many European countries, Poland prohibits access to emergency birth control and hormonal birth control without a prescription. All of this shows the lack of women’s bodily autonomy, which can be interpreted as violating the human right to health and poses a threat to all women in Poland.

LGBTQ+ Rights

Those in the LGBTQ+ community face frequent discrimination and a lack of legal protections throughout Poland. Even since the adoption of the modern Polish Constitution in 1993, marriage is seen as proper only when between a man and a woman, meaning that gay couples receive no legal protections when married. Under PiS, steps were taken to further ensure traditional family norms, as seen with the party’s campaigning for a “family charter,” which sought to end marriage between gay couples and eliminate their ability to adopt children. This, along with a rising number of Polish cities that have decided to implement so-called “LGBT Ideology Free Zones,” has led to a climate that actively oppresses those within this community.

Polish citizens protest for the legalization of LGBTQ+ rights. Source: Creative Commons
Polish citizens protest for the legalization of LGBTQ+ rights. Source: Creative Commons

Throughout the European Union, Poland ranks the worst regarding LGBTQ+ rights, with only 15% of family, equality, and recognition rights being obtained. Unfortunately, activists cannot look to the Universal Declaration of Human Rights (UDHR) for assistance, as the document lacks protections on the basis of gender identity or sexuality. This omission of rights from the UDHR makes it nearly impossible for LGBTQ+ members to advocate for legal protections, having no doctrine to support their claims. Not only does this issue show that changes need to be made within Poland, but also the need to expand protections within the UDHR to provide a solid foundation for other advocacy groups worldwide.

Judicial Protections

Human rights concerns in Poland go beyond social issues; in fact, they bleed into the governmental structure itself. In 2019, a law was passed that undermined judicial independence, allowing the government to punish judges who question the legal changes made by PiS. This raised serious global concern, as this move would have allowed the executive branch to have control over the courts effectively, eliminating one of the greatest checks on executive and legislative power in Poland. This followed similar judicial changes that were ultimately made to serve the party. These changes included lowering the retirement age and appointing party loyalists to the Supreme Court. All of this led to the European Courts deeming these judicial revisions illegal in June 2023, making it an even more pressing issue leading into the latest election.

This infringement on the separation of powers causes a genuine and well-defined human rights violation, going against Article eight of the UDHR Article eight grants all humans the “right to an effective remedy by the competent national tribunals,” which is not available when the government has major authority over court cases.

The Recent Election

Given these issues and the increase in authoritarian policies, voters were aware that the 2023 election was extremely important, as seen in the voter turnout rate of about 73%, the highest rate since the fall of communism in 1989. Before explaining further, it’s important to note that Poland has a parliamentary government, meaning citizens’ votes are translated up to the legislature as a percentage of party representation. For example, if a party gained 30% of the total vote, they would receive that much representation in the legislature. This is necessary to know when understanding the outcome of the election.

Polish citizen votes in the election. Source: Yahoo Images
Polish citizen votes in the election. Source: Yahoo Images

 

The Results

The results are as follows: the Law and Justice Party (rightwing) received a plurality of the votes, at 35.4%, Civic Coalition (center-left) received 30.7%, Third Way Coalition (centrist) at 12.4%, and Lewica (far-left) at 8.6%. While PiS holds a plurality, the remaining parties will likely form a center-left coalition, which would oust PiS from power and install a new government with a pro-democracy, pro-human rights agenda.

Likely Impact

Given the percentage of seats held by rightwing versus leftwing and centrist parties, progressive parties will likely assume power and work to steer Poland back to valuing democratic ideals and aligning more closely with the European Union. The three parties that are expected to form the new Polish government all promote democracy and pro-Europeanism, making it likely that action will be taken to support the oppressed groups mentioned above. It is also more probable that European Court rulings regarding the judicial branch will be respected and upheld.

Conclusion

In conclusion, the 2023 election results hold great promise in regard to human rights in Poland. As the Law and Justice Party (PiS) loses its grip on the government, a center-left coalition will likely form and create an overwhelming majority. Although these results won’t be officialized until December, many believe rights will be expanded under the new regime, and Poland can set a precedent for a return to liberal democracy within Central Europe.

 

 

Where is the Equity? How States Have Disproportionately Underfunded Historically Black Colleges and Universities.

by Jayla Carr

A group of logos of Historically Black College & University teams. Source: Yahoo Image

 

According to the United States Department of Education and Agriculture, sixteen states have underfunded their state’s land-grant, Historically Black Colleges and Universities (HBCUs), by more than $13 billion over the last thirty years. A land grant college or university is an institution designated by the state legislature to receive benefits under the  Morrill Acts of 1890 and 1994. The act’s passing was to ensure that higher education would be accessible to all and not only wealthy individuals, being that before 1892, many of the United States institutes for Higher Education were privately funded and selective of who they allowed. It gave states the power to sell federal land to establish Public Institutions.

If HBCUs do not receive equitable funding, it can perpetuate inequities in educational outcomes and opportunities for underrepresented minority students. Understanding the history of HBCUs is essential to appreciate the significance of addressing underfunding. Many of these institutions were founded to address historical injustices, and chronic underfunding perpetuates these disparities, reinforcing the notion that Black students deserve fewer resources and opportunities than their white counterparts.

Two black students looking at a device in a classroom
Two students are looking at a device in a classroom. Source: Yahoo Images

The History of HBCUs

Historically Black Colleges and Universities (HBCUs) have a rich history of providing education to Black men and women in the United States. They emerged in the early 19th century, with institutions like Cheyney University of Pennsylvania in 1836 and Lincoln University in 1854 initially focusing on teacher training.  Over time, these institutions broadened their curricula and became vital education centers for Black individuals, offering various academic programs.

During the Jim Crow era, which lasted from the late 19th century into the mid-20th century, racial segregation laws enforced strict separation of Black and White individuals in public facilities, including schools. Predominantly white institutions were often closed to Black students, and even if they were nominally open, they were often unwelcoming and discriminatory. HBCUs filled this void by providing Black students access to higher education when other options were limited or nonexistent. These institutions offered a safe and nurturing environment where Black individuals could pursue education and intellectual growth. However, these institutions have faced persistent challenges, including funding disparities that hinder their mission of providing equitable education. State funding policies that allocate resources to public higher education institutions are at the heart of these disparities.

A group of people wearing graduation gowns and caps standing in front of a building.
A group of people wearing graduation gowns and caps stands in front of a building. Source: Yahoo Images

Addressing the Disparities

In the letters sent to the governors of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Oklahoma, South Carolina, North Carolina, Texas, Tennessee, Virginia, and West Virginia. The Department of Education highlights the importance of HBCUs. The underinvestment of these institutions should be addressed, given that these institutions generate close to $15 billion and have considerable impacts on the predominantly black communities they serve.

The letter addressed to Governor Kay Ivey of Alabama, the Department of Education highlights the stark contrast between Alabama A&M University, the state’s first land-grant institution for African Americans, and Auburn University, the state’s first original land-grant institution, noting the differences in infrastructure and researching which Miguel Cardona, U.S Secretary of Education talks on saying that “Unacceptable funding inequities have forced many of our nation’s distinguished Historically Black Colleges and Universities to operate with inadequate resources and delay critical investments in everything from campus infrastructure to research and development to student support services.”

Since the COVID-19 pandemic, HBCUs have seen a massive enrollment increase despite a national decrease in college enrollments. During an interview with PBS News Hour, the President of Spelman College, an HBCU all-women’s college, Dr. Helene Gayle, attributed the increase in enrollment to an entire generation of young African Americans who have witnessed historic events. The inauguration of the first Black President of the United States, and the rise of movements such as Black Lives Matter and numerous instances of social injustice have motivated and encouraged young people to seek higher education in environments where they are surrounded by their community.

The increase in enrollment has caused some issues for many HBCUS, one being the need for more housing spaces to accommodate the influx of students. Tennessee State University has the most known case, with the university having to rent out five hotels for the 2022-2023 academic year. This has caused the Tennessee State Comptroller to come in and audit the University and their financial practices. Their report found that TSU had a “lack of planning, management, and sound decision-making.” TSU’s financial decisions play a part in the case. Still, one cannot deny that Tennessee underfunding Tennessee State University $2,147,784,704, the most of any other state, plays a role in their shortcomings. The University of Tennessee, the state’s original land grant-funded institution, has sixteen housing halls in Comparison to Tennessee State’s eight housing halls, including one that just opened in August of 2022.

A white building with a star and a blue graduation cap
A white building with a star and a blue graduation cap. Source: U.S Department of Education

Why HBCUs Matter

HBCUs have a rich history of contributing to research and innovation, often focusing on underrepresented areas in mainstream academia. Unfortunately, underfunding hampers their ability to invest in research projects, labs, and faculty development, affecting their capacity to compete for research grants and produce groundbreaking work. This lack of funding also hurts equity by limiting the contributions of Black professionals and academics in research, innovation, and industries like STEM.

Adequate funding is crucial for maintaining high educational standards, hiring qualified faculty, and offering up-to-date resources and facilities. When HBCUs receive less funding, it can lead to overcrowded classrooms, outdated technology, and limited course offerings. The disparity in educational quality can perpetuate inequities, particularly in the context of historically Black colleges and universities.

HBCUs have historically served as a pathway to higher education for Black students who were often excluded from predominantly white institutions due to racial segregation and discrimination. Inadequate funding can restrict their capacity to enroll and support students, limiting access to quality education. This impacts equity, making it harder for Black students, particularly those from low-income backgrounds, to pursue higher education and achieve social mobility.

Underfunded HBCUs may receive a different education and preparation for future opportunities than students at well-funded institutions. Therefore, providing adequate funding to HBCUs is essential for promoting equity and ensuring Black students have access to quality education and opportunities.

A group of people celebrating in front of a building
A group of people celebrating in front of a building. Source: Yahoo Image

Support HBCUs

Growing up, I was fortunate enough to be surrounded by the pride and tradition of HBCUs. Being a native of Birmingham, Alabama, I have had the pleasure of experiencing the biggest HBCU football game, The Magic City Classic, every year. The way the community comes together to support their teams, regardless of the weather, is truly a unique and unforgettable experience.

Funding HBCUs appropriately not only demonstrates a commitment to inclusivity and solidarity with marginalized communities. These institutions are essential to a more just and prosperous future for all, as they continue to play a vital role in American education and culture. By recognizing the pivotal role of state funding policies, we can work towards a more equitable future where HBCUs receive the resources they need to provide quality education and continue their legacy of empowerment and opportunity. Public policy decisions at the state and federal levels directly impact HBCUs funding, support, and overall well-being. Advocacy, engagement with policymakers, and developing equitable policies are essential to addressing funding disparities and promoting equity in higher education for HBCUs.

 

Here is the list of every federal government-recognized HBCU in the United States. If there is one close to you, I encourage you to support one in any way you can, whether going to a sporting event or donating.

Juneteenth – What It Is and Why We Should Celebrate It

Alt text: A sign that reads “July 4th” with a line through it, scratching it out, and instead, with “JUNETEENTH is my independence day” written on it to bring attention to the inequality that continued to exist in America and the hypocrisy of the “freedom for all” phrase in the Constitution during its conception, when it did not apply to everyone.
Image 1 – Source: Yahoo Images

Juneteenth has been historically celebrated by many Americans since the late 1860s, yet it is only recently that it has become mainstream. Today we focus on why that is, what Juneteenth celebrates, and how we can do a better job incorporating this holiday into our lives.  Although it has been around for so long, Juneteenth was only recognized as a federal holiday on June 19th, 2021, following the summer protests of the Black Lives Matter movement in response to the brutality experienced by George Floyd at the hands of the law enforcement system.  June 19th, or Juneteenth as it is known widely by those who have celebrated it since its founding, is the day we commemorate the abolition of slavery in America, freeing enslaved African Americans through the passage of the Emancipation Proclamation and the Thirteenth Amendment.

History of Juneteenth, The Emancipation Proclamation, and The Thirteenth Amendment

Alt text: An illustration depicting a chain that has been sliced in half, with the words, “JUNETEENTH, June 19, 1865 – Galveston, Texas” written between the two halves of the broken chain, representing freedom for all enslaved people.
Image 2 – Source: Yahoo Images

The Civil War was one of the bloodiest wars that Americans have ever fought, and it lasted four long years. The war was between the Union, which was made up of much of the northern states above the Mason-Dixon Line, and anyone below that line seceded from the main country and swore loyalty to the Confederacy. The Mason-Dixon line, which was passed in 1861, was designed to be a compromise that allowed Southern states to continue to use slave labor in the South in their fields and farms, while the Northern states were moving to abolish slavery within their boundaries. While the North depended on their seaports and industries, the South primarily produced the cash crops like cotton, rice, and indigo, that were being shipped across the oceans and transported by railroads across the lands. There were a few border states in the middle that did not want to give up slavery in their states. Lincoln, recognizing that he needed those states in the Union to have a chance to win the Civil War, permitted them to continue to use slavery while being a part of the Union.

In an attempt to change the course of the Civil War and keep the nation from breaking into two parts, President Abraham Lincoln wanted to weaken the Confederate forces so the Union forces could be victorious. This, he assumed, could be done by targeting the Confederacy’s economy and economic infrastructure, which at that time, was primarily dependent on slave labor. President Lincoln issued the Emancipation Proclamation in 1863 as an executive order, freeing all the enslaved individuals in all Confederate states that did not yield to the Union troops. With the passage of this document, the South could no longer rely on unpaid labor, leaving them in financial turmoil and giving them no other option but to surrender to the Union troops. The document is largely believed to have abolished slavery entirely in America, but the reality is that this was a political move during a war by the President to ensure that the Southern economy would be devastated. This proclamation did not include the border states which were already part of the Union but were employing slavery in their states. This meant that the enslaved individuals in those border states continued to be enslaved. This proclamation also excluded those who lived in the southern states which had already surrendered to the Union, meaning that those who did not rebel against the Union were allowed to continue to use slavery as their economic system. What the Proclamation did, however, was transform the morality and cause for fighting the Civil War. The Civil War began over the question of whether slavery should exist or not, with the Vice President of the Confederacy delivering a speech declaring the sole purpose of secession to be the disagreement on slavery between the Union and the Confederacy.  However, to President Lincoln, being victorious meant keeping the nation intact, and the abolition of slavery was an aftermath. Once the Proclamation was passed, many Americans were convinced that the war was being fought for the abolition of slavery in its entirety in the United States. The Proclamation even gave way for newly freed African Americans to join the Union army and help liberate their brothers and sisters in the Confederate states.

While the Union’s victory was generally a good thing for the progress of America toward equality among all people as it was first outlined in the Constitution, the Emancipation Proclamation was not the document to achieve this goal. Although it changed the trajectory of the Civil War, transforming the initial cause to keep the nation united, into a moral cause of abolishing slavery, it was not until the Thirteenth Amendment was passed that slavery was truly abolished in all the states of the nation. This Amendment, which had followed the proper channels of the Legislative branch, was passed right after the Civil War ended, and right before the rebellious states were admitted back into the Union. On December 6, 1865, the Thirteenth Amendment was officially ratified into the Constitution of the United States. Along with the Thirteenth Amendment, the passage of the Fourteenth Amendment, which granted citizenship to all formerly enslaved individuals, and the Fifteenth Amendment, which granted suffrage rights to African American men, altogether addressed the Civil War’s conflicts, providing a final Constitutional solution to the issue of slavery in America.

So, where does the term “Juneteenth” come from? Although the Emancipation Proclamation had passed in 1863 and the Thirteenth Amendment had passed in 1864, it was not until two months after the Civil War had ended, that many of the enslaved individuals in most Southern states had been made aware of their free status. On June 19th, 1865, two thousand Union soldiers arrived in Galveston, Texas to announce the freedom of all who were enslaved there, and the newly freed African Americans coined the term “Juneteenth” to commemorate the day they received independence and could be truly free.

The Continued Struggle for Freedom and Equality

Alt text: An image with an American flag in black and white with an African American person walking across it in black and white stripes, with the words, “FROM SLAVE TO CRIMINAL WITH ONE AMENDMENT” reading across the top.
Image 3 – Source: Yahoo Images

The end of the Civil War, the passage of the Emancipation Proclamation, and the Thirteenth, Fourteenth, and Fifteenth Amendments, were supposed to be the official end to slavery in America, but many scholars have pointed out that slavery only transformed into a modified system. These scholars highlight issues with the wording of the Thirteenth Amendment, which states that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The amendment abolished slavery in all instances, except as a punishment for crimes, and the Reconstruction Era, which followed the end of the Civil War, took advantage of the loophole in the Thirteenth Amendment. In the 1890s, legalized segregation became the new normal. The South had faced a lot of loss, both to its infrastructure as a result of the war, as well as its economy (primarily held up by slavery), due to the freeing of their enslaved laborers. Additionally, many white southerners also were not ready to accept the newly freed African Americans, who they did not view as equals.

The infamous Jim Crow laws were proposed as a solution to all of the White Southerners’ problems with the outcome of the war. These laws were made to criminalize as many newly freed individuals as possible, to re-enslave them in the prison systems, and force them to help rebuild the nation, as they had once done under slavery following the Revolutionary War. The Jim Crow laws criminalized such things as being unemployed, not bowing to white people while walking on the streets, drinking from a “Whites Only” water fountain, and many other harmless, everyday actions that displeased any white residents of the area. Many times, lies were told about African Americans simply to land them in prisons and put them to work. These laws were designed to be a criminalization of blackness.

Alt text: An image of the historical marker found at Sloss Furnaces regarding the racial terrorism and convict leasing that took place at the facility. It reads, “Thousands of black people were the victims of lynching and racial violence in the United States between 1877 and 1950. Lynching was a form of racial terrorism that went beyond only hanging, often including death by gunshot, burning, or mutilation. After the Civil War, violent resistance to equal rights for black people led to decades of racial subordination. Alabama’s mining industry, which relied on enslaved people’s labor since the 1840s, continued such abuse and exploitation after slaver was abolished. Southern legislators used a loophole in the 13th Amendment to pass laws to criminalize free black people as vagrants and loiterers. Local governments then sold incarcerated individuals to private and government entities for labor. Sloss-Sheffield Steel and Iron Company used this practice of ‘Convict Leasing’ in Jefferson County, leasing predominantly black laborers to work at the Brookside and Coalburg mines died while working there. Without legal protections, black laborers, and black leaders of labor movements, were often terrorized to prevent them from challenging unjust and dangerous employment conditions. Although the names of many victims of racial terror are unknown, over 300 documented lynchings took place in Alabama, with at least 30 victims in Jefferson county.”
Image 4 – Source: Kala Bhattar; An image taken at Sloss Furnaces in Birmingham, Alabama

This was also the time when Convict Leasing systems began, where imprisoned individuals would be leased to businesses and the state to work as laborers for whatever positions they needed to be filled. This could be working on farmlands, working with heavy machinery, or even in coal mines. Our own Sloss Furnaces, the famous Steel and Iron plant that transformed Birmingham from a small town into the large city it is today, made use of Convict Leasing as well. To read more about the history of the prison systems in America and in Birmingham, as well as details about the convict leasing programs, click here.

The exception in the Thirteenth Amendment has today led America to have the highest rate of mass incarceration in the world and has given way to the Prison Industrial Complex. America houses only about 5% of the world’s population, yet the mass incarceration rate is so large that 20% of the world’s prison population is made up of Americans alone. This is not only unjust, costly, and inefficient, it also shares its roots in the racist history of America’s founding. Many of those who end up in prison are disproportionately people of color, which speaks to the systemic racism present within our institutions. What’s worse, many of the people held in local jails have not even been charged with any crimes. They are awaiting their trial, too poor to post the high bail amounts. Still, others have lived out sentences for crimes they have never committed. This atrocious list goes on and on with injustices, yet a simple solution is to cut down on our incarceration rates. One reason why this is more than an issue of criminality can be determined by looking at the Angola Prison in Louisiana, a plantation farm that operates as a state penitentiary, with their prisoners in chains (like enslaved individuals of the past), officers on horseback (like overseers on the plantations), and the farmland that they are expected to till, harvest and package food for the rest of the community. Until white supremacy and racist ideology continue to exist in America, so too will these unjust forms of oppression, clouded by the legal cover provided to them by the justice system.

Alt text: An image depicting a line of inmates, all who look like they are people of color, each holding a shovel in hand walking in a line inside the penitentiary, as a white man rides on a horse away from them.
Image 5 – Source: Yahoo Images

These facts are bleak but necessary for everyone to understand, so as to be conscious of the continued struggle for true equality in this country for African Americans, and others who have dealt with oppression throughout the history of this nation. Many people think that slavery died following the Civil War, or that it was “more than 200 years ago, so what can we do about it?” Yet, the reality remains that slavery never died, but only transformed into a modern, industrialized version of the same system, which now incorporates a wider umbrella of people to oppress. Juneteenth is not only a celebration of the resistance, courage, and triumphs over oppression by people of our past, but also a day to come together and address the new forms of oppression we face in society today. It is a continuation of the legacy of freedom, equality, and justice started by those before us.

Importance of Juneteenth

Alt text: A collage of various African American historical figures, from Fredrick Douglass, W.E.B. DuBois, Muhammad Ali and Louis Armstrong, Dr. King, Malcom X, to modern-day influencers such as Sidney Poitier, President Obama, Michelle Obama, and Oprah Winfrey. Juneteenth is a celebration of freedom, culture, heritage, ancestry, and the progress towards peace, equality, and justice.
Image 6 – Source: Yahoo Images

Juneteenth was officially recognized as a holiday in Texas, which was the first state to do so in 1979. It has recently been recognized as a federal holiday since 2021 after President Joe Biden signed the Juneteenth National Independence Day Act. Juneteenth is a day to celebrate the shared history of African Americans, but also the progress towards peace, freedom, equality, and justice. Fredrick Douglass, a famous orator, author, and abolitionist, in 1852, had famously asked his audience in a speech he delivered on July 4th, what Independence Day meant for those who were enslaved in America. Juneteenth is the true Independence Day for many people who recognize the hypocrisy of the Founding Fathers, who fought the Revolutionary War for “freedom” while enslaving African Americans and stealing lands from the Native Americans. Juneteenth is a time for the rejuvenation of culture among a group of people whose cultures were stolen from them, and all that they were left behind with are their shared ancestry and shared histories. This day is a day to instill a sense of community despite those hardships and losses. Juneteenth is also a time to reflect on the past, rejoice in the resilience and solidarity of those who fought for this freedom, and discuss current events and how to best approach them moving forward. Juneteenth is a day to learn from the past, live gratefully in the present, and prepare for the future.

How Is It Celebrated and Who Can Celebrate It?

Alt text: An image depicting a Juneteenth celebration with song and dance, in a celebration of cultural heritage.
Image 7 – Source: Yahoo Images

There are many ways to celebrate Juneteenth. Many cities hold parades and festivals, with local black-owned businesses and food trucks as vendors for the event. These events might include prominent guest speakers and workshops on various topics each year, based on the community’s needs and wants. Others celebrate the holiday by holding potlucks, family gatherings, and backyard barbecues for a more intimate celebration with family and friends. If you want to celebrate Juneteenth but are not comfortable engaging in community activities, there are many things you can do in the comforts of your home, or with friends and family members as well to honor this day. For one, you could learn about the history of Juneteenth. If you are reading this article, then good job, you are already celebrating it!

You can educate yourself about the history of slavery, the Civil War, the Emancipation Proclamation, the Thirteenth Amendment, and any other topic that you might not be too sure about as it pertains to Juneteenth and why it is important to celebrate it. You can do this by going to a museum near you, like the Legacy Museum in Huntsville, which is a great historical walkthrough from the times of slavery to mass incarceration today, or the Birmingham Civil Rights Institute, which focuses on a detailed history of the Civil Rights movement that took place in the heart of Birmingham. You can watch a documentary about these topics, including “The 13th” on Netflix, which takes a deep dive into the loophole of the Thirteenth Amendment that gave rise to the mass incarceration crisis we face today. You can listen to a podcast, like “Deliberate Indifference“, a podcast by Mary Scott Hodgins that focuses on the local Birmingham history of policing and provides details about convict leasing practices in Alabama. You could read literature written by Black authors, whether they be informational, like “Medical Apartheid” by Harriet A. Washington, or fictional like the short story, “Recitatif” by Tony Morrison. You could support Black-owned businesses, locally or online, such as buying your books from a Black-owned bookstore or going out to eat at a Black-owned restaurant. You could educate others about the importance of Juneteenth, including your friends, family members, and even co-workers. As an ally, you can maybe pick up a shift for your Black friend who may want to celebrate Juneteenth with their family, or if you are someone in a supervisory position, you could give a Black co-worker the day off to celebrate Juneteenth. Encourage and empower your Black friends, family members, or co-workers, to feel comfortable to share their opinions and voice their concerns. You could even volunteer at any local Juneteenth event to help make the events successful!

Local Juneteenth Celebrations to Attend

Alt text: An image of the Birmingham Civil Rights Institute, where they host a Juneteenth celebration every year, and spread the festivities to all in the Birmingham community. On their Juneteenth celebration day, admissions to the museum are free so that people in the community (and visitors from other places) can learn and appreciate the local Civil Rights history that took place in the heart of Birmingham.
Image 8 – Source: Yahoo Images; An image of the Birmingham Civil Rights Institute, where they host a Juneteenth celebration every year, and spread the festivities to all in the Birmingham community. On their Juneteenth celebration day, admissions to the museum are free so that people in the community (and visitors from other places) can learn and appreciate the local Civil Rights history that took place in the heart of Birmingham

There are many local events that you can attend to celebrate Juneteenth in Birmingham, Alabama. Here are a few that might be of interest:

  • Juneteenth: The Cookout, hosted by the Birmingham Civil Rights Institute on June 17, from 10 am-4 pm. There will be food trucks, live entertainment, a children’s village, tournaments, food competitions, genealogy workshops, and even a free tour of the museum!
  • Juneteenth Social is hosted by the UAB Black Alumni network at the Southern Kitchen Roof Top Bar on June 17th from 7 pm to 11 pm. Tickets are $25 each, and the proceeds go to the Kappa Delta Omega Psi Phi memorial scholarship for incoming African American Male students.
  • Second Annual Juneteenth Freedom Celebration, hosted by The Lifting As We Climb Foundation on June 18th, from 2 pm-9 pm at the Arlington Historic House in Birmingham. There will be food, fun, education, entertainment, and fireworks, and the tickets start at $20 for early bird tickets and $25 for general admissions. Bring small tents and lawn chairs, and be ready to eat from the food trucks on site.
  • Juneteenth in the Magic City 2023, hosted by Simone’s Kitchen ATL, on June 18, from 4 pm-10 pm at the Club M Compound. There will be food trucks, vendors, live bands, fireworks, African dances, and various other entertainment. Tickets start at $15 for Early Bird tickets and $20 for general admissions.
  • Juneteenth Pop Up Art Exhibit, hosted by Studio 2500 on June 16, at 6 pm for all the artistic, creative folks. Admissions start at $10 per person, children under 13 are free, and tickets can be purchased online at their website. They will have food, music, and an open mic, so bring lawn chairs and your own beverages, and take in the creations of our fellow Birmingham local artists and performers.
  • Juneteenth Open Mic is a virtual event being held on June 19th to highlight musicians, poets, hip-hop artists, and other Black artists who would like to participate. If you are a local artist and you would like to increase your followers, this is the event for you. If you just want to show up virtually to support local artists, you can do that to buy going to their website and purchasing tickets to vote. Tickets start at $10, whether you are performing, a part of the audience, or even a vendor. Again, this is a virtual event, so all you need is your laptop and internet!

However you choose to spend the day, make sure to be conscious of what Juneteenth represents to you and to those around you, and together we can actively, and intentionally work to make our world a better place for future generations!

 

Want to interact with NGOs? Here are some to consider!

 

the earth being held by hands
(source: yahoo images)

Naturally, many human rights violations and atrocities leave one wondering, “What can I do to ensure these violations do not happen again?” Unfortunately, however, many don’t know how to help to support human rights and a lot of information online is convoluted. This in turn causes charities and other non-governmental organizations (NGOs), which seek to promote humanitarian efforts, to often get overshadowed by bad news.

In this blog, I will share notable charities and initiatives that one could support in an effort to make a difference in the world. 

Human Rights Watch

logo of Human Rights Watch
(source: yahoo images)

Human Rights Watch (HRW) is an organization that investigates and reports on human rights violations and atrocities throughout the world. The advocacy of Human Rights Watch, as said by them, is directed towards “governments, armed groups and businesses, pushing them to change or enforce their laws, policies and practices.” 

Moreover, Human Rights Watch does not accept any sort of funding from the government or corporations, as they seek to remain unbiased and bipartisan. The organization is complied of over 400 lawyers and human rights experts, and they would be a great organization to help out with donations.

Human Rights Watch prides itself on its transparency in its affairs, and it was thus awarded the Guidestar Platinum Seal of Transparency, an award given by an organization that “gathers, organizes, and distributes information about U.S nonprofits in an effort to advance transparency, enable users to make better decisions, and encourage charitable giving.”

Moreover, if that was not enough to show you the commitment of Human Rights Watch, allow us to make note that in 1997, they were awarded the Nobel Peace Prize for helping create the 1997 Mine Ban Treaty — a piece  of legislation that brought about newfound protection to citizens from bombs which previously “killed and maimed indiscriminately.” 

Therefore, with all of the aforementioned facts in mind, donating to Human Rights Watch would be a sure way in bringing about change and ensuring that human rights violations get exposed, lessened, and stopped.

Amnesty International

logo of Amnesty International
(source: yahoo images)

Amnesty International is one of the most influential and famous nongovernmental organizations in the world. Amnesty International, simply put, could be defined by its mission statement: “[we are] a global movement of more than 10 million people who take injustice personally. We are campaigning for a world where human rights are enjoyed by all.” Amnesty International, like Human Rights Watch, is primarily funded by its supporters – not governments or political institutions.

Moreover, Amnesty International is both unbiased and bipartisan – they simply just seek to ensure all people enjoy human rights. Amnesty International functions by lobbying governments to ensure they keep their promises and passions for human rights; investigate and expose all violations that occur in the world, despite of where or what might have happened; and seek to educate and mobilize all people who wish to learn more about human rights.

Amnesty International was founded more than 50 years ago when the owner, Peter Benenson, saw two Portuguese students jailed for raising a toast to freedom in 1961. Since then, Amnesty International has been one of the most prominent and respected NGOs on the scene, and they have accomplished a lot. 

In just 2022 alone, Amnesty International has helped free individuals who were imprisoned unjustly and ensured that human rights abusers got locked up. Moreover, Amnesty International was a driving force behind the decriminalization of Abortion in Colombia. Needless to say, Amnesty International’s impact, passion, and dedication to human rights is incredibly influential, and donating to their cause would definitely help bring about good changes. 

Human Rights First

Egypt's desert mountains
(source: yahoo images)

Human Rights First (HRF) was established in 1978, with the mission of “[ensuring] that the United States is a global leader on human rights.” Human Rights First is centered in the United States, but it conducts a multitude of work abroad to ensure that “human wrongs are righted.” 

Human Rights First has been involved in a lot of international political affairs which sought to eradicate injustice and, as they put it, human wrongs. For instance, in 1988, Human Rights First initiated its Lawyer-to-Lawyer network, which was an initiative that helped ensure all lawyers that have been imprisoned unjustly internationally are released. As of now, the program has worked with over 8000 lawyers in over 130 countries. 

In addition to helping create the International Criminal Court, Human Rights First also helped establish the Fair Labor Association in 1999. This Association brought together over 60 major companies, such as Nike and Adidas, to help set workplace standards for industries throughout the world. In doing so, Human Rights First helped ensure that those who work for major international companies are not going to face hardships or disparity in their workplace environment. 

Human Rights First, in addition to all that has been mentioned, has been a major actor in the anti-torture movement. In 2009, Human Rights First stood beside President Obama when he signed the executive order banning all torture in the United States. Then, in 2015, Human Rights First sought to make Obama’s order even more powerful and impactful. After the release of the Torture Report, Human Rights First was able to gain public support and then work with Senators McCain and Feinstein to craft what they consider to be the “strongest anti-torture law in U.S. history.”

Needless to say, Human Rights First is an incredibly dedicated, driven, and successful organization, which has had years of successful changes in the world of human rights. You definitely would not go wrong by donating or supporting them. 

Summary

Beautiful nature scenery
(source: yahoo images)

In summary, human rights is a very complicated topic that is often convoluted and hard to understand through the media. Due to this, many do not always know what is the best way to donate and help out, despite wanting to. In this blog, I have listed multiple different organizations that have a proven history of success and change, and I thus hope to have made the process of getting involved in human rights easier. 

If more people are involved in human rights, more change will happen, and more people internationally will have access to these same rights. It is my hope that, one day, human rights will be as accessible to everyone on this planet as oxygen is. This will only happen with support, and that is exactly what I hope to have urged you to do in this blog — support the NGOs which fight for human rights. 

A Brief Judicial History of Religious Freedom

US Supreme court building
(source: yahoo images)

The first line of the first amendment in the Constitution of the United States, also known as the Establishment clause, asserts that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” This clause, although seemingly simple in nature, has been the root of many judicial battles throughout the United States’ history. Religion, as a human right, has always been a topic of political debate.  

One might inquire as to why this is the case: what makes the freedom of religion such a sensitive topic? In this blog, I seek to answer this question by outlining fundamental cases which have shaped how our legislators interpret our right to religion. Moreover, this blog shall conclude with how our fundamental right to religion is being interpreted today, as well as what is potentially in store for religious interpretation in the future. 

Lemon v. Kurtzman (1971) | Introduction of the Lemon Test

US constitution
(source: yahoo images)

Our journey begins in 1971, with the landmark Supreme Court Case of Lemon v. Kurtzman which involved the states of Pennsylvania and Rhode Island. The issue materialized when both of the aforementioned states decided to introduce legislation that would use taxpayer money to fund church-affiliated schools. In doing so, the government funds would pay for teacher salaries, textbook costs, and many other educational materials. Funding church-affiliated schools could be construed as a violation of  the Establishment Clause. The Supreme Court followed this logic, and with an 8-1 ruling, they decided to strike down the legislation passed by Rhode Island and Pennsylvania, no longer allowing state funds to go to church-affiliated schools.

What is particularly remarkable about this case is that it formally introduced the so-called Lemon Test, a judicial test constructed to see if legislation defies the Establishment Clause. The Lemon Test has three ways to test and see if a piece of legislation defies the clause:

  • The piece of legislation must have a secular purpose;
  • The piece of legislation must not advance or prohibit the practice of religion;
  • The piece of legislation must not force the government into “excessive entanglement” with religious affairs.

If a piece of legislation passes the Lemon Test, then it does not defy the Establishment Clause and can proceed to further scrutiny. That is, the legislation will be evaluated to see if aligns with the other amendments. With these three prongs noted, one can see how easily Lemon v. Kurtzman would have failed the Lemon Test. 

Wallace v. Jaffree (1985) | Application of the Lemon Test

Wallace v. Jaffree, a case that took place in the state of Alabama, is another landmark Supreme Court case involving a dispute in legislation around religion. In 1981, Alabama decided to introduce legislation that mandated a 1-minute moment of silence at the start of class in all public schools. Although, ostensibly, the legislators claimed that this moment of silence could be used either for reflection or prayers, the legislation’s intent was to create an opportunity for students to pray before school started.  

This decision naturally upset many non-religious parents, and multiple lawsuits soon followed, climbing their way up all the way to the Supreme Court. Throughout this process, the Alabama legislators argued that this bill does not defy the Establishment Clause, as the moment of silence can be used in any way that pleases the student— not necessarily just for prayer. However, the fault in this is that the introduction of the bill was done to allow students to pray, not to give them a moment of silence; thus, this bill failed the Lemon Test’s first prong as it did not have a secular purpose. In a vote of 6-3, the Supreme Court held that the bill defies the Establishment Clause. 

Oregon v. Smith (1990) | Introduction of RFRA

street signs saying church and state
(source: yahoo images)

This case, unlike the aforementioned ones, has a bit more nuance to it and led to a wide range of implications. This case is the primary reason Congress enacted the Religious Freedom Restoration Act in 1993, which is one of the most bipartisan pieces of legislation, having passed the House unanimously and the Senate 97-3. 

In Oregon v. Smith, two people, who both worked at a drug rehabilitation center, were fired due to having consumed peyote, a hallucinogenic drug. The issue at hand, however, is that their consumption of peyote was done during a sacred religious practice. This case did not make it to the Supreme Court because the drug rehabilitation center fired them (as the center very much can fire whoever they please — they are a private entity); it made it to the Supreme Court because after they were fired, these two individuals sought unemployment benefits and were denied due to being fired for consuming drugs, which is considered “workplace misconduct.” 

However, unlike the previous cases, the Supreme Court did not rule in favor of the appellants. The Court, by a 6-3 vote, ruled that since the denial of unemployment benefits due to workplace misconduct is a rule of general application (meaning it does not specifically target any people or religious practice), it is constitutional. 

However, as one might conclude, many did not like this outcome. Therefore, as aforementioned, Congress enacted the Religious Freedom Restoration Act (RFRA) to clarify some of the issues raised by Oregon v. Smith. The first clause of RFRA states its purpose, saying that it aims to prohibit “any agency, department, or official of the United States or any State (the government) from substantially burdening a person’s exercise of religion even if the burden results from a rule of general applicability.”

This first clause seeks to prohibit exactly what was the outcome in Oregon v. Smith, but it also comes with some limitations. That is, Congress is free to burden one’s exercise of religion if (1) doing so will further a compelling government interest; and, (2) doing so is the least restrictive means of furthering that compelling government interest. The introduction of this incredibly bipartisan bill, as we will shortly explore, has some interesting implications. 

Burwell v. Hobby Lobby (2014) | Application of RFRA

In the case of Burwell v. Hobby Lobby, we see the RFRA being put to use which leads to an interesting implication from the outcome of this case. Burwell v. Hobby Lobby sprouted from one of the requirements of the Affordable Care Act (ACA), namely, that all nonexempt employers are legally required to offer their employees health coverage and benefits, including contraceptives, some of which stop an egg from fertilizing. Before progressing with the case, we ought to make note that some employers, primarily religious institutions such as churches, are exempt from the ACA.

Hobby Lobby, a crafts company, is a tightly-owned company, meaning that there are only a few number of people who own the company. All of these owners, moreover, do not want to comply with the ACA since they believe life begins at conception and to thereby provide their employees with free contraceptives would go against their religious beliefs. However, if a company does not comply with the ACA, it would have to pay a fee per employee. For Hobby Lobby, the total cost would amount to about $475 million per year. 

Hobby Lobby was conflicted about whether they should go against their religious beliefs and supply their employees with contraceptives or instead pay $475 million a year and adhere to their religious stance. Due to this ethical dilemma, Hobby Lobby decided to sue the Department of Human Health Services (those who implemented the ADA), and the case made its way up to the Supreme Court. Hobby Lobby cited RFRA, stating that the ACA mandate does not comply with RFRA’s second clause. They argued that forcing Hobby Lobby to offer its employees contraceptives is not the least restrictive means of furthering a compelling government decision. Rather, Hobby Lobby stated that they, like religious institutions, should be exempt from the ACA, as that is the least restrictive means of furthering a compelling government interest (health care for employees). The employees of companies who are exempt from the ACA have their health care paid for by taxes. 

The Supreme Court agreed with Hobby Lobby. By a vote of 5-4, the Supreme Court ruled that Hobby Lobby is correct—the least restrictive means indeed is making Hobby Lobby an exempt company, thereby allowing governmental taxes to pay for the health care of their employees.

What is remarkable about this case is its implication that the Supreme Court stated that the best course of action to resolve a religious dispute over health care is to simply allow the government to fund health care. One might argue, then, that the Supreme Court is hinting toward universal health care, as they view that as the least restrictive means. 

Kennedy v. Bremerton School District (2022) | Abandonment of the Lemon Test

bill of rights
(source: yahoo images)

The last case we shall discuss is one that has been all over the media recently: Kennedy v. Bremerton School District. In this case, a high school football coach decided to kneel and pray before and after games. The school district feared that his actions would violate the Establishment Clause, so they asked him to stop. When he did not, they fired him.

Claiming his first amendment right to the freedom of religion was violated, he sued the school. The lawsuit eventually made its way up to the Supreme Court, and, by a 6-3 vote, the Court ruled in the coach’s favor, stating that he was not complicit in praying since he did it during post-game periods when people were free to do as they pleased.

However, something remarkable also happened in this case: the Supreme Court decided to stop using the Lemon Test, which has been in practice since 1971. Instead of the Lemon Test, the Court stated that they will decide disputes over the Establishment Clause by “accor[ding] with [what] histor[ically] and faithfully reflec[ts] the understanding of the Founding Fathers.”

What this means, we do not yet know, as this is yet another new change by the Supreme Court. Throughout history, the Lemon Test has proved itself to be a great way of settling legislative disputes, so one could only wonder why the Supreme Court decided against it.

Summary

US Capitol Building
(source: yahoo images)

As I showed with this blog post, cases revolving around religious freedom are by no means simple, but the courts, thankfully, have historically always ruled in favor of the Establishment Clause, never seeking to subdue religious freedom.

However, after the abandonment of the Lemon Test in Kennedy v. Bremerton School District, it is clear that the Supreme Court is planning on interpreting the Establishment Clause differently than they have had since 1971. What this means for upcoming cases, we have yet to find out. However, what we do know is that religious freedom, despite how tricky it might be at times, should remain a human right. 

Parallels of Democratic Turmoil: Looking at Riots in the U.S. and Brazil

People filled the plaza in the place where all three powers of governance meet in Brasília, Brazil. A sea of green and gold as hundreds of citizens displayed their nation’s colors before entering the seats of power, destroying property, and overpowering the police. People climbed to the roof of the Congress building and unfurled a flag that read “intervention.”

Raging riots in the wake of a new presidency

On January 8th, 2023, citizens stormed Brazil’s Congress, Supreme Court, and presidential offices in objection to the newly incumbent President Luiz Inácio Lula da Silva. Their rage and fear came after the loss of former president Jair Bolsonaro and a false belief that the October 2022 election had been rigged. 

Bolsonaro had steadily fostered suspicion against the integrity of Brazil’s voting system for years, even making such false claims on his 2022 campaign trail. After being ousted, his refusal to concede, alongside his previous claims of fraud, left his supporters reeling. Many demanded for months that the military step in and deny letting da Silva take office on Jan. 1st. 

While the military did not listen to the demands, they did not completely rule out the possibility of vote rigging either. In spite of the fact that the Defense Ministry found no evidence of fraud during the election, one comment stated that “It is not possible to guarantee that the programs that were executed in the electronic voting machines are free from malicious insertions that alter their intended function.” No evidence has been found to support this conjecture either. 

A large plaza with a statue of two elongated figures, the Brazilian flag flying, and buildings in the distance.
Figure 1: Source: Flickr, Leandro Neumann Ciuffo; Three Powers Square with Os Candangos statue and National Congress building in the background, Brasília, Brazil.

In the wake of growing suspicions and conspiracies, Bolsonaro supporters, known as “Bolsonaristas,” stormed the Three Powers Plaza (named after the three branches of governance located there) in a massive demonstration that soon turned violent. 

The facts and events of the U.S. and Brazil riots

The similarities between January 6th, 2021 in the United States and January 8th, 2023 in Brazil are stark. Aside from the dates themselves, both these events signal serious declines in trust in democratic institutions. 

In both instances, supporters overpowered police before entering capitol buildings, breaking windows, stealing items, and documenting their own crimes in the offices of elected legislators. 

People holding flags in support of Trump while pushing against federal police in SWAT gear.
Figure 2: Source: Yahoo Images; Rioters in Washington, D.C., Jan. 6th, 2021.

When capitol riots in the U.S. occurred, it was during the ceremonial certification of the election results and interrupted this important step before President Biden’s inauguration. On the other hand, in Brazil, President da Silva had already taken office nearly a week before. When demonstrators arrived, congress was not in session, nor was anyone within the buildings that Sunday.  

A crowd of people fighting with people in SWAT gear amid smoke on the street.
Figure 3: Source: Flickr, The Pursuit Room; Bolsonaristas riot at the Brazilian capitol against federal police.

This distinction, while slight, is significant to note because, during the time of the riots in Brazil, the actual transition of power had already occurred. In the case of the U.S., the symbolism surrounding the counting of ballots represented a key component of the democratic transition. 

Moreover, in the U.S., citizens only targeted the Congress building, while Bolsonaristas also attacked the presidential palace and Supreme Court. This aligns further with claims that Bolsonaro had made during his term about the Supreme Court conspiring against him. 

Of most importance, and concern, is how federal police responded initially in Brazil. In the case of the U.S., many sources reported that security forces had been unprepared for such escalations, but in Brazil, channels to “invade Congress” had formed on the apps WhatsApp and Telegram. These channels had gathered tens of thousands of followers. Bolsonaristas had formed groups across the country with the intention of renting buses to the capitol for “violent anti-government action.” 

In spite of the clear evidence pointing towards citizen insurrection, the Federal district police and military police took no action. During the riots, many security forces were seen smiling, taking photos, and interacting with Bolsonaritas. 

Transnational connections in far-right groups

Just as former president Donald Trump had attempted to undermine the legitimacy of the 2020 election result, so too had Bolsonaro engaged in making the same false claims over vote-rigging. Incidentally, Bolsonaro had come to be known as the “Trump of the Tropics” during his time in office. But false claims over vote rigging don’t end with these two heads, former aids, current politicians, and social media play a crucial role in fostering anti-democratic extremism. 

Two years after the riots in the U.S., concerns over the legitimacy of Brazil’s election have been a contentious topic among far-right groups in the United States. These groups do not know anything about Brazilian politics, however, social media has connected the two continents to reinforce illegitimate beliefs about the accuracy of democratic processes. 

An image of a smartphone on a wooden table displaying different social media apps.
Figure 4: Source: Yahoo Images, Sankt-Petersburg Russia November 11, 2017; Social media apps on a phone.

During the 2020 U.S. election, conspiracies over the voting machines manufactured by Dominion Voting Systems and Smartmatic had been extremely popular in supporting false claims of vote rigging. Now, these conspiracies have re-emerged but in the context of Brazil, circulating online and in far-right media, despite the fact that neither company’s products were used in Brazil. These lies have found their way onto Twitter, Facebook, Reddit, Truth Social, and Gettr (alternative platforms popular on the right). 

During the Brazilian riots, Bolsonaristas held a banner that stated “We want the source code” in both Portuguese, the nation’s most spoken language followed by Spanish, and English. This is a direct reference to the conspiracies spread first in the U.S. further emphasized by the languages of choice. 

Moreover, dating back to October, Steven Bannon, former Trump aid, has been drawing parallels between the Brazilian election and the U.S. on his podcast. Sites like The Gateway Pundit have published blogs the morning after the first round of elections in Brazil about “MASSIVE fraud” and Matthew Tyrmand, a conservative activist, has repeatedly pushed the idea that Smartmatic machines were used in Brazil to tens of thousand on Twitter and Gettr. 

Incidentally, Bannon, who has also been pushing for supporters to run in local elections and become election workers and poll watchers, has developed close ties with Bolsonaro’s family.

According to Madeline Peltz the Director of Rapid Response at Media Matters, a left-leaning non-profit and media watchdog, “There’s a sympathetic audience for it in Brazil, and there’s certainly a sympathetic audience for it in the States. The building of a coalition between those two groups is really a win-win for Steve Bannon and the right-wing movement broadly.”

In Germany over a dozen were arrested in 2021 for planning to overthrow the government, while in Australia, the U.S.-centric conspiracies over machine-based voting fraud (even targeting Dominion again) had to be publicly debunked by the Electoral Commission. 

In the end, far-right groups are taking inspiration in each other. Not from a shared set of goals or identities, but from their refusal to accept a candidate’s loss stemming from deep-seated anti-democratic stances. With social media to bridge distances and languages, it has become ever harder for governments to stop false election claims and silence the dangerous rhetoric of election deniers. 

Political environments and human rights

The United Nations maintains democracy as one of its core values alongside promoting international cooperation and human rights. 

Democracy does not always equal or improve human rights. However, the values outlined in normative human rights frames overlap significantly with democratic governance. Democracy provides environments that are more likely to support human rights, as is the case with Articles 8 (right to national tribunals), 9 (arbitrary arrest), 10 (right to a fair trial), and 12 (arbitrary interference) in the Universal Declaration of Human Rights (UDHR) just to name a handful. 

In countries with weak rule of law, government institutions, and corruption, there is a 30 to 45% increase in the risk of civil war and a higher risk of extreme criminal violence. Any country can suffer from one or more of these factors which then threatens the personal security of people and their human rights. 

According to Freedom House, a non-profit that conducts research on democracy, human rights, and political freedom, the last 16 years have been marked by a democratic decline globally. For example, President Nayib Bukele in El Salvador has undermined democratic institutions designed to check executive power. In Peru, riots for the past five weeks have demanded the government disband the legislature and president in favor of new elections, and in the most extreme case, that the military step in to rule. As the youngest democracy in Latin America (restored in 2001), Peru has long suffered poor living conditions which have made the population steadily view the government as corrupt, ineffective, and unfair. In fact, a 2021 poll from Vanderbilt University found that only 21% of the population was satisfied with democratic rule

Brazil is a young democracy, previously under a military dictatorship between 1968 and 1985. Considering Bolsonaro’s praise of military rule in office, and the attack on all three democratic institutions, the riots on Jan. 8th signal a larger issue 一 a rejection of the democratic results overall. 

In the case of Brazil specifically, Bolsonaro’s term was marked by rises in violence, especially against Queer people, diminished environmental protections, and displacement of indigenous peoples

Conclusion

While citizens always have the right to self-determination, this does not give anyone the right to inflict harm on someone’s personal security or engage in violent acts. In a democracy, tides are always able to change, switching between ideologies and agendas based on the popular vote of the nation. In the case of Chile, violent demonstrations did prompt a constitutional rewrite, however, once this democratic process began the violence ceased and turned towards peaceful demonstrations. 

As President da Silva begins his new term, he will be faced with many challenges to unite Brazil. However, he has already taken major steps in the wake of the riots, arresting hundreds in a single day, beginning an investigation, and removing individuals from security positions. 

For us, we must remain committed to the values of human rights, recognizing the inherent dignity of everyone and continually striving for equity and equality. To do this, we must have faith in the governments that ensure us these rights, and in the cases that do not, we must organize peacefully, research and reach out, and live our lives by our belief in human rights. 

To learn more and get involved, visit these sites and blogs below: 

The Brazilian Election: Recap and Potential Consequences

The night of Sunday, October 30th marked a great victory for leftists and supporters of Luiz Inácio Lula da Silva, the new Brazilian President, after a majority of voters chose to oust incumbent President Jair Bolsonaro. The election’s margins were close, with 60.3 million voting for Lula, compared to 58.2 million voting for Bolsonaro. This round of voting came after a fiercely contested first round, with neither candidate reaching 50% of the overall vote on October 4th, thus needing a second round with the top-two candidates. But with this election marking a shift to the left for Brazilian politics, what does this victory by Lula actually mean?

Goodbye Jair Bolsonaro

An image of Jair Bolsonaro
Bolsonaro diz que, se perder para Lula em 2022, só aceitará se “voto for auditável”. Source: Yahoo! Images

Jair Bolsonaro led Brazil from 2018 to 2022, through a platform centered largely on eliminating corruption and “putting an end to ‘old politics,’” using rhetoric similar to that of Donald Trump. Interestingly enough, many have actually called Bolsonaro as the “Trump of the Tropics,” and combined with that title came a desire of the Trump Administration to foster closer ties with Brazil.

Brazil under Bolsonaro’s Administration started with a shift in how pensions operated in the city, changing the retirement age for men and women from 56 and 53 to 65 and 62 respectively. Brazil also reduced the protections granted to the Amazon rainforest, leading to more instances of illegal logging and burning of trees. Despite the harm done to climate change efforts, President Bolsonaro promoted business interests instead, which also led to the displacement of indigenous populations in the region. The COVID-19 pandemic also showcased Bolsonaro’s reluctance to impose federal restrictions and aid state/local governments in imposing lockdowns, with the President himself downplaying the severity of the virus. Through Bolsonaro claiming to have benefitted from taking hydroxychloroquine (which does not treat COVID-19 in individuals) and raising doubts related to vaccinations, not to mention a lackluster response from the federal government, 15 million Brazilians contracted COVID-19 and more than 400,000 individuals died from the virus.

Welcome Back Luiz Inácio Lula da Silva

An image of Luiz Inácio Lula da Silva
Lula será candidato em 2022, diz vice-presidente do PT”: | Política. Source: Yahoo! Images

da Silva, more commonly known as “Lula,” served as Brazil’s president from 2003 to 2010, and helped alleviate ~20 million Brazilians out of poverty. After leaving office with above an 80% approval rating (President Obama even called him the “most popular politician on Earth”), he then became part of an investigation into government bribes, leading to his imprisonment. In 2021 however, the Supreme Court threw out Lula’s conviction, noting that the judge “was biased in convicting Lula.”

With 50.9% of the total vote, Lula’s victory cemented a shift to the left for politics throughout Latin America, with leftist victories in Mexico, Columbia, Argentina, Chile, and Peru. Lula campaigned on making life better for Brazil’s poor, especially with the effects of the pandemic and inflation throughout Brazil. His election marks promises to increase the minimum wage, create jobs, and widen the already existing safety to aid more struggling Brazilians. His victory also came due to the deep unpopularity that Bolsonaro has throughout Brazil, given his actions and impact on Brazil’s standing on the global stage, combined with his selection of Geraldo Alckmin (his opponent in the 2006 presidential election) as his running mate. Lula’s victory also induced many celebrations throughout Brazil, and around Latin America, with Columbia’s leader, Gustavo Petro, also tweeting “Viva Lula.”

The 2022 Brazilian Election – Concerns and Protests

This election pitted an incumbent (Bolsonaro) with an ex-President (Lula), with both candidates attacking each other for the stances they have, calling each other corrupt or authoritarian-like. Tensions in Brazil are also at an all-time high because of President Bolsonaro’s attempt to cast “unsubstantiated doubt on the trustworthiness of Brazil’s electronic voting system,” combined with conspiracy theories from his supporters noting that career politicians were against Bolsonaro’s victory. Lula’s victory also symbolizes the start of a continued conflict between Lula’s leftist party and the opposition, with Lula facing many Bolsonaro supporters in Brazil’s Congress when creating and working to implement new policies.

Interestingly enough, Bolsonaro had not conceded to Lula following the election despite official results noting that he lost the election. This silence also comes with an increase in protests against Lula’s victory, especially from those working in the trucking industry. With many truckers supporting Bolsonaro’s policies starting fires and blocking off portions of a highway, election deniers / doubters have worked to cause chaos and disruption to the Brazilian economy in an effort to bring Bolsonaro back to the Presidency. In recent days, many supporters of Bolsonaro have called for blockades to be created around major industry centers, in an effort to “paralyze the country.” Despite the potential for more protests, many of Bolsonaro’s cabinet members and allies have accepted the results of the election, from televangelists to elected officials and judges in Brazil. And unlike similar occurrences of politicians refusing to accept defeat, Bolsonaro does not have as much political support to launch operations or coups.

Refusal to Concede

In his first public remarks post-election, Bolsonaro did not concede to Lula, while also noting that current protests come from a feeling of anger over a potential injustice being committed on the Brazilian population.

“The current popular movements are the fruit of indignation and a sense of injustice about the way the electoral process took place.” – Jair Bolsonaro

Despite this refusal to simply state his loss to Lula, Bolsonaro’s cabinet has moved into a transition process for the incoming cabinet. Even so, Bolsonaro has in recent months used language indicating some type of violence occurring were he to lose the Brazilian election. Combined with the fact that major Bolsonaro allies reside in the military raise even more concerns with which way administrators may turn when the transition of power officially happens.

Human Rights in Brazil

A flag of Brazil flowing in the wind
Brazil – Flag. Source: Yahoo! Images

Brazil under Bolsonaro had loosened gun regulations and opened up the rainforest to private developers. With President-Elect Lula, many hope to see protection of the Amazon Rainforest and protecting minority populations from women and LGBTQ individuals to indigenous populations and persons with disabilities. These initiatives by Lula will help to protect those most at risk while also helping Brazil recover from the detrimental effects of the COVID-19 pandemic, rising inflation, and a collision between left and right ideologies.

Other blogs point to Bolsonaro’s administration implementing policies that would only hurt the rich diversity in nature and the freedom of expression by all peoples, and it is through this election that hope for an egalitarian and environmentally-conscious government will serve the interests of the broader public, rather than serving the interests of the few through powerful and accusatory rhetoric.

The Consequences of Overturning Roe v. Wade

I wanted to immediately straighten out my perspective in this argument.
Figure 1: Source: Yahoo Images; An abstract image of a group of individuals holding a sign that reads “Our Body = Our Choice.”

This is an unprecedented time we live in. We are currently living through climate change, a pandemic on pause, and an international conflict that has the potential to turn global. People around the world are struggling with conflicts and atrocities, at times, due to the American military’s involvement, while hundreds more are dealing with increasingly dangerous heat waves as a result of the climate crisis. Still, others are trying to face the consequences of the pandemic, including the devastation left behind due to the loss of lives and the increasing financial insecurity that continues to widen the inequality gap between the struggling and the affluent. War in Ukraine wages on as we enter the fourth month since its beginnings, with what seems like no end in sight, while the Pentagon discusses options of US involvement in the fight against Russia. Now, the precarious attack on women’s rights seems to be the latest hurdle for Americans. This regression of rights in the democratic nation which has claimed countlessly throughout history to “spread democracy into the world,” seems beyond ironic and hypocritical.

The History of the Abortion Rights Movement and Context Behind Roe V. Wade

I wanted to include an image of what was considered proper family values, with a working dad, and a house wife tending to her children.
Figure 2: Source: Yahoo Images; An image depicting a typical nuclear family structure that promoted “family values” of the Religious Right. A hard-working dad waves to his wife alongside his growing son as the housewife waves back dutifully.

Before analyzing the recently leaked draft of the Supreme Court decision attacking women’s right to privacy, we should examine the history and context behind the controversial topic of abortion. How did abortion become such a controversial, political issue? Well, in order to have a holistic view of this topic, we have to examine the Religious Right movement that took place in the 1970s in what is known as the Sunbelt states or the lower half of the United States. This movement involved the grass-roots participation of churches and other Christian organizations in politics to push for a more traditional, “moral” policy platform in response to the growing feminist and gay liberation movements of the time. These Religious Right organizations aimed to reverse bans on prayers in school, shift toward more traditional values, and limit sexual freedoms, including pornography, sex work, and even abortion rights. One specific organization, known as the Moral Majority, declared “war against sin” and was especially involved in electing officials to government offices who were sympathetic to their cause. The Religious Right movement was so successful in its “family values” campaign that it was in part responsible for the Equal Rights Amendment’s failure to be ratified, thaks to one devoted, conservative activist by the name of Phyllis Schlafly. They also vehemently opposed the right to abortion that was secured by the passing of Roe v. Wade, and they constantly attempted to have the decision overturned. To the members of the Christian New Right, abortion was a sin, and many believed it to be the murder of an unborn child. They provided Bible verses from the scripture to support these beliefs, disregarding the countless scientific developments that were being published that stated otherwise. While they were concerned about abortion rights and attempting to overturn Roe v. Wade, the Christian New Right has failed to consider the basis upon which the Supreme Court case was decided, and the precedent it would set if overturned.

Roe v. Wade is a Supreme Court case that was brought before the court in 1970 regarding the legality of an abortion law in Texas which criminalized abortion in most circumstances. The decision, in this case, was based on the right to privacy guaranteed in the “due process clause” of the Fourteenth Amendment, which states that a person should not be denied the right to life, liberty, and property without going through a legal process that is fair and meets some fundamental standards of justice. This essentially means that the state or federal government cannot limit fundamental rights such as the right to privacy.

What Overturning Roe v. Wade Would Mean

I wanted to showcase some examples of contraception methods that might also be impacted by the overturning of privacy rights.
Figure 3: Source: Yahoo Images; An image depicting condoms and birth control pills, two contraception methods under attack as a consequence of overturning Roe v. Wade.

The Roe v. Wade decision was an expansion of privacy rights that had been referenced as a precedent for this ruling. Privacy rights range from women’s right to birth control to the right to same-sex marriages, was used to overturn sodomy laws, and even applies to issues concerning data privacy. Overturning such a monumental decision can have devastating consequences on not only women but all citizens across the nation. This regression of rights, in an attempt to end all abortions, will not have the intended effect. Women are going to continue to require and desire to have abortions, either due to health complications, personal preferences or after surviving traumatic instances of sexual abuse. Abortions are not going to magically stop happening and making it illegal to get or perform an abortion is not going to stop rape and incest from occurring either. If history is to be the judge, what is more likely to happen instead, is that women are going to attempt dangerous and untested procedures in desperate attempts to get abortions, which can be life-threatening for the women in many instances.

As part of their anti-abortion crusade, many states, (which includes Alabama, Kentucky, Texas, and seven others) are not providing exceptions for instances of rape and incest in the anti-abortion laws they have proposed, and many politicians, (such as Pete Ricketts, a Republican Governor of Nebraska, or Republican Representative Steve King of Iowa), have been asked for clarifications about this very issue on multiple occasions. What they constantly reply is that even a rapist’s child is still a child, meaning that women who are raped or have been victims of incest cannot receive abortions in these states and will be forced to carry to term the children of their abuser. To place such an expectation on victims of abuse and force them to live through the immense trauma that these laws would demand is not only unjust but purely evil.

Another cruel consequence of the anti-abortion laws many “trigger” states are prepared to pass is the impact these laws have on the ability of women to have an abortion after miscarriages and stillbirth. Procedures utilized to address miscarriages and stillbirths involve the same medications and procedures used for abortions. Outlawing these medications and procedures can tremendously impact women experiencing miscarriages or stillbirths and place caregivers in delicate positions legally. Due to the fact that many states have prepared to criminalize abortion and have encouraged neighbors to report anyone getting an abortion or helping someone else get an abortion, hospitals, and abortion clinics are also placed in vulnerable positions. Originally proposed by Texas, four more states have passed similar proposals for the enforcement of abortion laws through the involvement of citizens. While all this sounds like it came from a bad dystopian novel, we are only at the tip of the iceberg of consequences, so to speak.

Figure 4: Source: Yahoo Images; A woman depicted behind bars. Overturning Roe v. Wade would criminalize abortion in certain states, and some states even have laws that would press felony charges on medical professionals who provide aid in the abortion process. These consequences disproportionately impact women of color.

The denial of abortion rights portrays the backsliding of American democracy, but the criminalization of abortion leans toward fascist tendencies. The right to abortion is not simply a women’s rights issue but also a voting rights issue that can be catastrophic for the survival of our democracy. A brave Congresswoman, Lucy McBath, addressed a hearing on abortion rights conducted by the House Judiciary Committee after sharing her personal experiences with two miscarriages and a stillbirth. She questioned, “If Alabama makes abortion murder, does it make miscarriage manslaughter?” Many states, such as Kentucky, Louisiana, Tennessee, and Utah, have already proposed laws incriminating abortions. In an extreme proposal, Texas “trigger” laws would deem abortions a second-degree felony with sentences up to 20 years, and in cases where the fetus is dead, (meaning miscarriages or stillbirth), the charges can become first degree felonies and the sentence can be anywhere between five years to life in prison. Many states are even proposing fines on top of prison sentences for abortions. These laws not only target the women getting abortions, but also anyone who assists in the process. People charged with felonies in many states in America lose their right to vote, even after having served their sentences. If abortions are criminalized and women and “abortion-sympathizers” are charged with felonies, this would be a form of state repression of an entire voting block. If women are sentenced to jail and prison time for abortions and using contraceptives, they will also be disenfranchised as a result of their “criminal” record. This can set dangerous precedents for privacy rights in general and is fundamentally a threat to democracy.

The Myth of the “Pro-Life” Argument and Why “Just Moving” is not a Practical Option for Many Americans

I wanted to include this image to showcase how passionate people on the anti-abortion side really are about this issue.
Figure 5: Source: Yahoo Images; An image depicting women from an anti-abortion rally, holding signs that read, “Repent. Abortion is a sin against God,” with chalked outlines of fetuses occupied by women protestors.

The “pro-life” stance, one of the biggest misnomers in American history, has been responsible for forcing women to have unwanted births and taking away women’s agency over their own bodies. This sentiment mirrors the dystopian society of Gilead from the famous series by Margaret Atwood, “The Handmaid’s Tale”. The “pro-life” argument is only concerned about the birth of the fetus in question. Once the baby is born, families are left to fend for themselves, without any saftey nets in place to help these families raise healthy children. First off, there are very limited legal protections in place to ensure that once a baby is born, the mother and the child will receive all the assistance they require to develop a healthy and nurturing childhood for the newborn. Along these lines, affordable childcare options in America are minimal, and the foster care system has proven to be underfunded and ineffective, oftentimes even acting as a breeding ground for abuse and neglect of the very children they are supposed to care for. Maternal leaves are not mandated by states or the federal government, but rather left for individual companies to decide whether to offer them or not, and paternal leave, (for the father to have a chance to bond with the newborn child), is almost unheard of in this country. Additionally, people who are poor might not be able to afford the high costs of childcare, or even doctor visits during pregnancy and prenatal care to ensure a healthy pregnancy. People living in impoverished situations might not be able to feed another mouth in their family due to financial situations, and these hardships have been exacerbated due to the pandemic. Politicians and media platforms  stress the unborn “child’s” right to life while they argue why holding immigrant children in cages at the border is justified. The same “pro-life” supporters are also in favor of loose gun regulations and refuse to listen to the many children who are asking their representatives to pass stronger gun laws to prevent school shootings. The fact that the same people in favor of overturning Roe v. Wade are also in favor of banning forms of contraception that prevent pregnancies in the first place, signals that this decision is rooted in a far more sinister legacy of controlling women’s autonomy.  This has been the case throughout history, throughout the world. Women have been deemed second-class citizens until very recently when we secured the right to vote through the passage of the Equal Rights Amendment even though it never was fully ratified. Up until 1974, when the Fair Credit Oppurtunity Act was passed, women were not even allowed to own credit cards in their names. These “pro-life” arguments simply serve the purpose of restricting women’s right to privacy and the right to their own bodies. During the pandemic, anti-maskers cried, “my body my choice.” Those same anti-maskers today are adopting the “pro-life” argument to dictate what a woman can do with her body, in a shallow attempt to secure the rights of unborn zygotes.

Furthermore, there are many states, (13 to be exact) that have been set to pass extreme anti-abortion “trigger” laws immediately following the overturning of Roe v. Wade and a total of 23 states that are set to restrict abortions. These are predominantly red states, and one of the popular arguments from anti-abortion enthusiasts is that you can simply move to a blue state if you don’t like the policies your state passes. This is not a simple task. For one, it requires tremendous amounts of money to be able to even move anywhere in today’s inflated economy. Jobs have to be lined up, and if you have children, you have to look into school districts and make sure they can be enrolled with no issues. If you own property in your current state, you can’t just move. You have to be able to afford to either spend on a secondary living situation while your current home is being sold, or you have to wait until you can sell your home before you can move. For people who are experiencing poverty, those families that live paycheck to paycheck, will be forced to continue living in these red states, and as a result, be forced to live with these anti-abortion laws. Some states, like Missouri, are even restricting women from seeking out-of-state abortions, criminalizing those seeking the abortion as well as those who help with the process. With all this said, research shows how all these laws will impact poor and marginalized people the most, and this is yet another example of how the state criminalizes poverty.

Other rights that may be threatened by the overturning of Roe v. Wade

Figure 6: Source: Yahoo Images; Other rights under attack from the overturning of Roe v. Wade include LGBTQ+ rights like same-sex rights, and the right to contraception, and even challenge the livelihood of sex workers.

Since Roe v. Wade is fundamentally based on the freedom of privacy, overturning this law can set precedent to attack and target other rights. In the leaked draft of the Supreme Court decision to overturn Roe v. Wade Supreme Court Justice Samuel Alito argues that Roe v. Wade was an unconstitutional judgment based on weak arguments and alleged that the case has been responsible for deepening the societal divide. In the draft, Alito argues that the basis for Roe v. Wade (mainly the right to privacy) was “invented” and “flawed,” insisting that the judgment was unconstitutional. Many scholars familiar with setting legal precedents claim that overturning this precedent, which carries the legacy of the right to privacy, can in turn have devastating consequences for other privacy rights.

One such group that might be targeted as a result of overturning Roe v. Wade is the LGBTQ+ community. The right to same-sex marriages can come under scrutiny, and based on Alito’s opinions on sodomy laws, the LGBTQ+ community can be specifically targeted. Although sodomy laws, which criminalized sexual behavior deemed inappropriate by the state, are general enough to appear as they apply to everyone, history has shown that these laws were used mostly to target the homosexual community and even the larger LGBTQ+ community as a whole. These scholars also claim that other rights, such as the right to contraception, are also under scrutiny. Their fears are reasonable, since the same arguments which supported the right to privacy applied in the ruling of Roe v. Wade (which is under attack on the basis of its constitutionality), are the same justifications used to legalize contraceptives in the case of Griswold v. Connecticut in 1965. Following this framework, same-sex marriages, which were legalized in 2015 through the ruling passed on Obergefell v. Hodges, can be deemed unconstitutional, and so too can interracial marriages, which were made legal by the ruling on the case, Loving v. Virginia.

While Alito reassures that this draft is aimed at overturning abortion rights alone, this decision sets a dangerous precedent for other privacy cases to be challenged as well. Should there be an attack on contraceptive methods such as birth control, plan B pills, and condoms, the freedom for people to lead sexually healthy lives is at risk, and as a result, can lead to even greater restriction of personal freedoms, and women who are raped or have been victims of incest will not be able to access these resources to prevent any unwanted pregnancies.

Sex workers are yet another community that will be harmed by the overturning of Roe v. Wade and other proposals that restrict sexual freedoms. Too many people in the media focus on the “picture perfect” cases, and many sex workers and their lived experiences are ignored as a result of this media bias. Sex workers use contraceptives and condoms to protect themselves from both unwanted pregnancies and unwanted sexually transmitted diseases. Their livelihoods are greatly impacted by these laws, and the wellness of these sex workers is put at high levels of risk. What’s worse, these sex workers of all genders and sexual orientations are among the most marginalized people in society, and as a result, will feel the implications of these rulings disproportionately. Although there is an immense stigma that surrounds this topic, sex work is also a form of work, and it is important to remember that many sex workers are simply trying to earn a living. Sex workers are already dealing with issues of having their contraceptive needs met, including spreading awareness of safe sex practices in their community, and fact-checking misinformation being disseminated about contraceptive methods and how they should be used. Restricting access to contraception can have life-changing implications for sex workers, and fundamentally cause more financial challenges as their stream of income is jeopardized.

So, Where Do We Go From Here?

I wanted to include this because so many times, people always like to remind a woman what her "place" in society is. This is the perfect message for those people.
Figure 7: Source: Yahoo Images; A protestor holds a sign that reads,” A Woman’s Place is in the Resistance.”

Regardless of your opinions about sex work, abortion, or any of these topics, these are incredibly personal issues and should be left for each individual to decide on what they believe is in their best interests. For too long, women have been restricted and controlled, mind, body, and soul, to meet the needs and pleasures of the patriarchy, and religion and morality have been misused as justifications to continue treating women like second-class citizens. The United Nations Human Rights Committee in 2018 claimed that the right to life begins at the time of birth, when the child can exist separated from the mother’s body. While this establishes an international legal standard on this controversial topic, the right to an abortion, (and right to privacy), is fundamentally being framed as an issue of constitutionality rather than a human rights issue, and as such, there is not much room for the UN to be involved legally in American affairs. On the national level, we can pressure our Congress to codify Roe v. Wade into law, so that it can be protected until a majority-Republican Congress reverses it in the future. For this to happen, Congress needs to be serious, and even though the majority of Americans support the right to an abortion, congressional representatives seem to be divided firmly along partisan lines. Still other abortion rights activists have taken to the streets, protesting outside of the homes of the Supreme Court Justices who are in favor of overturning Roe v. Wade, in an attempt to convince them to change their decisions in the final vote.

On the state level, overturning Roe v. Wade will allow states to make decisions on abortion rights, so each state will vary in its laws. First, being aware of your own state’s abortion laws can be helpful in determining what your options are and how you can help. In Alabama, while access to contraception is still legal, almost all forms of abortions will be deemed illegal immediately following the overturning of Roe v. Wade. Additionally, medical professionals who assist in providing abortions will also be considered Class A felons. While Alabama abortion laws do not allow for an exception in the event of rape or incest, they do allow abortions in severe cases where the health of the mother or fetus is at risk, but only after two separate opinions from doctors advising to do so. With that being said, there are non-profit organizations and abortion providers striving to form an underground network to provide safe abortions for women that wish to have them. Some method these organizations are using is to invest in mobile abortion clinics to meet women at the border of the closest state where abortion would be legal to help make abortion more accessible for women living in red states.

Finally, you can help in two more simple, yet profound ways: participate and educate. It’s time to start paying attention. Participation is not just voting, but also organizing, and educating others about the injustices that are happening around us, and helping people understand the real consequences behind issues you care about, like the overturning of Roe v. Wade. Share your stories with others to help destigmatize abortions and normalize safe sex debates and practices in society. Educate yourself about your state’s policies, but also familiarize yourself with organizations that provide help to those who are impacted, whether medically or otherwise. Democracy is very fragile, and as hard as rights are to secure, it is just as easy to lose them if we don’t hold accountable the people in power. One of the most telling insights gained from looking back at the days of Nazi Germany was that in retrospect, one could see the accumulation of attacks on rights, but because the public chose to stay silent, the fascists kept pushing until it was too late for the people to stand up and defend their rights. Let’s make sure that doesn’t happen to us today, not on abortion rights, not on environmental rights, and not on our human right to life, liberty and human dignity.