I'm Furious & I'm Eating Cake For Breakfast --Confirmation of Judge Barrett

Today I asked myself how can I show up for my community and for myself.

I'm mad and I'm eating cake for breakfast to cope with last night's news of confirming Judge Barrett to SCOTUS.

It is hard to be a woman today.
It's hard to sit with the fact that my reproductive rights are dictated and governed by others who don't consider the complexities when it comes to women's health. And yet, for men, access to viagra and vasectomy (yes, that's part of reproductive rights), the rules are WILDLY different.

That's male privilege for you.

That's also systemic sexism with a sprinkle of racism. Because you're probably thinking about barriers for white women and not BIPOC (Black, Indigenous, People of Color) women who face even MORE barriers for their reproductive health rights.

With ACB confirmed as Supreme Court Justice, these following policies are at stake:

  • Most likely overturn Roe v. Wade

    • "Nearly 50 years ago, the Supreme Court ruled in Roe v. Wade that American women have a constitutional right to end their pregnancies, and since then, the boundaries of the abortion debate have largely been determined by nine unelected justices who have no accountability to voters" (The Atlantic)

  • Most likely overturn Affordable Care Act

    • Overturning ACA would leave more than "20 millions Americans uninsured" (The Cut) during a pandemic, one which is dividing the U.S. and no vaccine.

    • ACA protects higher insurance costs for those with pre-existing conditions. According to Kaiser Family Foundation, pre-existing conditions includes: acne, AIDS/HIV, cancer, cerebral palsy, depression, dementia, diabetes, epilepsy, gender dysphoria, heart disease, hemophilia, hepatitis C, high blood pressure, lupus, menstrual irregularities, obesity, paraplegia, paralysis, pregnancy, pending surgery or hospitalization, sleep apnea, stroke, tonsillitis, and COVID.

  • Most likely rule on decisions that place greater harm to LBGTQIA+ individuals when it comes to marriage equality and employer discrimination (Vox)

    • "The day after Election Day, the court will hear one of its most important cases of the term and one that combines two issues prominent in Barrett’s confirmation hearings: religious rights and anti-discrimination laws." (Washington Post)

Looking at the facts to understand what's in jeopardy is one way to understand the impact, but what about its implications and WHO it affects?

I've taken the time to dissect this a bit more in a form of a case study. The following scenario is brought together through a compilation of experiences that I've had while working in solidarity across different communities and my own continuous learning.

Please note the following hypothetical case study of where Judge Amy Cony Barrett stands on overturning the above key issues may contain triggering language for folks. Proceed with caution & please take care of yourself.

The following case study highlights the 3 main issues around Roe v. Wade, ACA, and LGBTQIA+ rights:

  • Kathy is an 18-year old woman from Alabama. Kathy goes on a date with a guy one night, the guy wants sex. She initially says no, but later reluctantly says yes to sex.

  • She ends up never seeing this person as she feels weird about the encounter.

    • Fact: In Alabama, the state does not require or regulate sex education (Refinery29). Because Kathy's school curriculum does not include sex education, she has limited to no knowledge about women's mensural health, types of sexual contraception, STD/STIs, emotional intimacy that comes with physical intimacy, signs of pregnancy, and more.

  • Eight weeks after that encounter, she notices she hasn't had her period.

  • Kathy takes a pregnancy test, and finds out she's pregnant. She didn't know she could get pregnant so easily. She's shocked, scared, and doesn't know if she'll even reach out to the guy to let him know that she's pregnant. She now finds herself in a tricky scenario.

    • Fact: At one point, Alabama's abortion ban (HB 314) (Refinery29) makes no exceptions for cases of rape and incest, unless the woman's life is in danger at any stage of pregnancy.

  • Due to Kathy's upbringing in Alabama with strong religious values, she decides to keep the child.

  • Kathy struggles to tell her parents about her pregnancy, fearing their response. When Kathy finally comes forward during her second trimester with the news of her pregnancy, her parents are so upset with her that they kick her out of the house.

  • Kathy now has no health insurance. Luckily because of ACA, her pregnancy will be covered, which includes doctor appointments and of course labor delivery.

    • BUT WAIT: Remember, if Judge ACB overturns ACA, Kathy will not have access to ACA (which makes healthcare affordable for her) because being pregnant is a pre-existing condition. Health insurance companies will be able to raise their insurance premium rates, just because Katy is pregnant. Co-pay to visit the doctor for routine pregnant check-ups will now cost more.

    • Hey Google, "How many (routine) prenatal visits should I have with my doctor?" (Voyage Healthcare)

      • For uncomplicated pregnancies, you should expect to see your provider every four weeks through 28 weeks. Between 28 and 36 weeks, expect to see your doctor every two weeks. From 36 weeks to delivery, expect to see your provider weekly.

      • I did the math, it's about 14 times for an uncomplicated pregnancy. Don't forget the add the co-pay for each visit.

  • So let's fast forward. Kathy's child, Rob (a boy), is now 12 years old. Kathy is incredible and overcame all these different challenges that we outlined above.

  • She is a single-parent now working multiple jobs to support herself and Rob. Job prospects are limited because she had Rob right after high school.

  • Rob is currently in 6th grade (hello middle school and puberty). Rob notices that he's not like the rest of the kids and has no interest in girls. In fact, he's gay.

  • His classmates notice he's a bit different and bullies him for being the odd one out. Rob has a lot to figure out and doesn't know who to turn to talk about this.

  • Kathy and Rob still live in Alabama, still a majority religious environment. Messages about being gay and not being accepted in the church are prominent and influenced Rob's life.

  • Rob learns that he can be fired from a job for being gay. He also learns that marriage equality is hard to come by for him. Rob believes it's better to "act straight" than to be gay. Because life would just be easier that way.

    • Fact (The Trevor Project):

      • 1 in 3 LGBTQ youth reported that they had been physically threatened or harmed in their lifetime due to their LGBTQ identity

      • 40% of LGBTQ respondents seriously considered attempting suicide in the past twelve months

      • 48% of LGBTQ youth reported engaging in self-harm in the past twelve months

These hypothetical lives of Kathy and Rob are not uncommon and far too real for folks across the country. Even by sharing parts of Kathy and Rob's life, I didn't even dive in deeper if Kathy was BIPOC, which adds multiple layers of complexities.

How would their lives look differently if Kathy

  • Had access to robust sexual health education where information wasn't suppressed?

  • Knew her options as a woman when it comes to healthcare?

  • Would Rob be able to accept himself as a gay man?

  • Would he able to find love and have that recognized in our government?

  • Would their lives be wholesome knowing that they had the best opportunities set up for them?

The scenario I've shared above is a combination of different experiences that were shared with me while I working directly with the BIPOC community. If this is all new and shocking to you (and your desire is to be an advocate and ally), it means that you need to listen more. To believe BIPOC and when they share stories with you such as snippets of the scenario.

I'm asking you to sit and really consider how all of this comes together.

To consider folks who are completely opposite of who you are and to vote with them in mind. That's how you know you're truly an ally. To go beyond thinking for yourself and to use your privilege (whether be racial, gender, able-bodied, or religious privilege) and lead with that.

Here's what we can do because we've got a lot of work ahead of us.

  1. Vote (if you're able to)

  2. Continue your own learnings and studies for a more anti-racist world (this include doing the personal work --that my workshop series covers)

  3. Continue to take care of yourself with tons of self-care

Jessica Li