This post is the fourth in a five-part series examining the U.S. Right’s efforts to alter demographic trends by re-popularizing arguments and ideologies rooted in eugenics. (Read parts one, two, and three.) Today, I continue to discuss the U.S. Right’s coercive attempts to limit the fertility of people of color, an egregious affront to reproductive justice. This segment covers private and state mechanisms for preventing poor people of color, particularly Black women, from having children.
As shown in the most recent post in this series, institutions like hospitals and other health care providers—generally regarded as unequivocally positive presences among White communities—often cast a much more violent shadow over communities of color. Similarly, White communities typically experience police officers as their protectors, while the same forces can pose a constant and lethal threat to law-abiding Black communities. People of color are also disproportionately likely to be ensnared in institutions designed to exert control without any veil of benevolence. Because mainstream narratives situate Black and Brown bodies as dangerous, as somehow oppositional or threatening to White American identity and nationhood, the state project of containing people of color is normalized and accepted as legitimate. Unspeakably inhumane apparatuses are thus widely regarded as necessary. Of the institutions violently managing Black and Brown bodies and populations (in every sense of both terms), mass incarceration likely looms largest.
The criminal justice system deploys a variety of methods to deny incarcerated people their rights to have children, and because mass incarceration is a racist project, African American people bear the brunt of this punishment. (Significantly, incarceration itself fundamentally obstructs the right to parent, making it a critical reproductive justice issue.) One such method is deliberately handing a woman a sentence likely to extend through her procreative years; another is forcing people convicted of certain crimes to “choose” between serving jail time and adopting long-acting contraceptive use; another is shifting parental rights over newborns to foster or adoptive parents; and another still is the practice of shunting people into carceral institutions distant from their communities and their partners. Additionally, incarcerated people’s access to reproductive health care tends to be abysmal. In some prisons and jails, the problem is not just the absence or insufficiency of care, but also procedures that are undertaken without informed consent.
A study by the Center for Investigative Reporting (CIR) found that between 2006 and 2010, nearly 150 people (if not more) held in California state prisons were sterilized under coercion and without legally mandated state approval. Christina Cordero, who received an unauthorized tubal ligation while incarcerated, said the prison OB-GYN persistently recommended that she undergo the procedure, making her “feel like a bad mother if [she] didn’t do it.” Kimberly Jeffrey, a Black woman who was also sterilized while incarcerated, reported being “pressured by a doctor while sedated and strapped to a surgical table for a C-section” (emphasis added). Jeffrey also recalls being told that she could only reclaim custody of her youngest child if she underwent a full hysterectomy. Jeffrey, who works with Justice Now, received no medical consultation about the operation, and her explicit resistance was ignored. Even if she had willingly acceded to the operation, however, Jeffrey could not have given consent: according to University of Pennsylvania Law professor Dorothy Roberts, courts have ruled that the conditions of labor can impair judgment, making it such that informed consent cannot be given during labor. (See Roberts’s Killing the Black Body ((1997)) for a more comprehensive analysis of attacks on Black women’s bodies and fertility.)
James Heinrich, the unremorseful OB-GYN who performed many of the tubal ligations, told CIR that he believed the cost of the surgeries, at nearly $150,000,to be negligible “compared to what you save in welfare paying for these unwanted children…as they procreated more.” Heinrich’s language is loaded. “Unwanted” implies promiscuity and assumes carelessness, while “procreated” indicates animalism, as opposed to the white feminine ideal of nurturing motherhood. Perhaps most appalling is Heinrich’s implicit bottom line: that certain people, disproportionately poor women of color and particularly poor Black women, ought not to have children because their offspring would be supported at the expense of the state’s more deserving citizens. Like the mythical “anchor babies” of Latina/o immigrants, the children of incarcerated people are presumed to be parasitic strains on the “system” even prior to their conception.
His prejudicial premise aside, Heinrich’s cost-benefit analysis hardly stands up to interrogation. His economic argument belies the fact that the exponential rise in incarceration itself, caused not by a rise in crime but rather by increasingly harsh and inflexible sentencing laws, has incurred enormous cost to the state. While expenditures on assistance under Temporary Assistance to Needy Families totaled about $5.3 billion in Fiscal Year 2013, the President’s FY13 budget request for the Federal Bureau of Prisons was $6.9 billion.
For those complicit in imposing tubal ligations in California prisons, the procedures were predicated not on smart budgeting so much as on problematic notions of who deserves support and who deserves punishment. Like the Federation for American Immigration Reform (FAIR), and its rabidly anti-immigration constituency, Heinrich and his colleagues cast poor women of color as scam artists or conniving thieves, rather than rational agents of their own reproduction. The anti-immigration Right may no longer be taking active measures to physically manage Latina women’s fertility, but the arguments for sterilizing incarcerated people who can become pregnant (who, in California and elsewhere, are disproportionately poor and of color) are much the same as the arguments put forth by FAIR and other nativist groups highlighted earlier in this series.
Some on the Right, however, have explicitly condemned the malfeasances that occurred in California prisons, based on the notion that sterilization frustrates potential life. These anti-choice groups’ denunciation is well directed, but ill-reasoned. The arguments and strategies employed by individuals and groups like Heinrich and FAIR are reprehensible not because of the hypothetical lives lost to sterilization, but because they deprive living people of their fundamental right to build the families they wish to build. Still, while imagined children are not the victims, nor are they irrelevant. It is critical to understand that the criminalization of Blackness, of Brownness, and of poverty is so entrenched that it precedes birth.
Moreover, while certain right-wing groups have seized the opportunity to criticize the wrongdoings undertaken by state institutions under majority Democratic governance, the same factions have looked on silently, even supportively, as Project Prevention (PP, formerly Children Requiring A Caring Kommunity, or C.R.A.C.K.) pursues a parallel process, ideologically and practically, outside of prisons.
The name C.R.A.C.K. invokes President Reagan’s manufactured panic surrounding the crack epidemic and its racialized and scientifically baseless ghouls, “crack mothers” and “crack babies.” The organization was founded in 1994 by Barbara Harris, whose first mission was to pass state legislation punishing people who give birth to drug-exposed infants. Such punishments, codified and otherwise, abound, and in the 413 cases analyzed in a 2013 study, 59 percent of people subject to state punishment under post-Roe v. Wade legislation criminalizing pregnancy were of color, and 52 percent were African-American. Harris’ particular initiative, however, proved unsuccessful. Founding C.R.A.C.K. was her ostensibly benevolent alternative.
Today, Project Prevention gives $300 in cash to people who are or have been addicted
to drugs or alcohol and who submit documentation proving that they have undergone sterilization procedures or are using long-acting contraception, such as Norplant or Depo-Provera. The organization, whose advertising targets low-income communities of color, also disseminates stigmatizing and scientifically inaccurate literature, which describes imagined horrors of drug-addicted motherhood and the irresponsible hyperfertility Harris attributes to women who use drugs.
Just as the California sterilizations took place among the innumerable other restrictions incarceration imposes on incarcerated people’s reproductive lives, Project Prevention represents an extreme manifestation of racist ideologies and practices that are widely accepted and deeply rooted in American society.
Lynn Paltrow, founder and executive director of National Advocates for Pregnant Women (NAPW), argues that the organization’s strategies are actually part and parcel of Harris’ original, more overtly punitive, intention. PP’s mission, she argues, could be “understood as one designed to stigmatize certain people and to make them seem appropriate targets for sterilization and other forms of population control” (23).
Paltrow’s analysis is supported by a 2012 article Jed Bickman published in Salon, which states that of the 4,077 people the newly rebranded Project Prevention had paid to be sterilized or use long-acting contraceptives, 24 percent were African-American. The United States population is only 13.2 percent Black, and illicit drug use among Black Americans is not substantially—if at all—higher than it is among White Americans.
Groups like NAPW have worked extensively to expose and oppose PP’s discriminatory efforts to undercut reproductive justice. But where is the Right with its ardent defense of life and unequivocal condemnation of contraception? They’re funding Harris. By 2006, C.R.A.C.K. had received donations totaling more than $2 million, the majority of which, Paltrow documents, came from wealthy conservatives. Major benefactors included the Allegheny Foundation, founded by the “funding father of the right,” billionaire Richard Mellon Scaife (who also contributed millions of dollars to FAIR and to other nativist projects initiated by FAIR’s eugenecist founder, John Tanton.); Dr. Laura Schlessinger, the vitriolically anti-Black and anti-LGBTQ talk show host; and right0-wing donor Jim Woodhill, Woodhill also hired British psychologist and unabashed eugenicist Chris Brand to bring Project Prevention overseas. Project Prevention’s sites of operation now include Haiti and Kenya, where its staff works to sterilize women with HIV.
Like Heinrich and the fertility-obsessed nativists, Project Prevention’s representatives are adept at speaking in code. The publicity team at Project Prevention characterizes the organization as seeking to “save our welfare system and the world from the exorbitant cost to the taxpayer for each drug-addicted birth”(Bickman).Ultimately, all of these enemies of reproductive autonomy position themselves as noble crusaders against the “threat” of government resources sustaining Black and brown children and families.
In the final installment of this series, I will more specifically address welfare’s role as part of the Right’s rhetorical and practical strategies for vilifying poor women of color and limiting their reproductive freedoms.