Dr. Jennifer L Brinkley

[This article was also presented at the OLR Annual Symposium: Rewriting the Script: Challenging Ableism and Advancing Justice in Sexuality, Reproduction, and Parenting for Disabled People 01/2024]
Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade and Planned Parenthood v. Casey in 2022. Since then, fourteen states have banned abortion, with other states shortening gestational limits on abortion procedures. Federal legislation has been introduced to try to mitigate state restrictions regarding abortion, but it has stalled in Congress. This Article examines the impact of banning and limiting abortion care in the United States, specifically on disabled individuals. It provides a brief history of how policies are drafted from ableist mindsets, negatively impacting those with disabilities. It discusses myths surrounding having a disability and highlights the many obstacles that marginalized populations face when accessing not only abortion care but also health care. This Article considers the need to recognize the variety of factors, often overlapping, that constrain an individual's ability to exercise bodily autonomy.

Period poverty is the inability to access clean menstrual hygiene products. It can negatively impact the lives of menstruators. The authors of this article wanted to add to the emerging scholarship in this area. Replicating a 2021 study, the authors created an anonymous survey for undergraduate students at the University of West Florida. The intent was to gauge instances of period poverty among the student body as well as determine what life strains students were under when trying to access menstrual hygiene products. Not only did 18.8% of the undergraduate students surveyed experience period poverty over the last twelve months, but 7.6% experienced it every month in the last twelve months. The results also indicate 27.6% of students surveyed used other materials, like toilet paper or fabric, when they could not access menstrual hygiene products. Additionally, 32% of students left a menstrual hygiene product in for longer than recommended by the manufacturer, placing them at risk for infection. Based on the depression score from the survey, a significant relationship between period poverty and negative mental health outcomes is suggested. Menstrual hygiene products are required over the reproductive lifetime of the menstruator, which can be several decades. The cost to menstruators can be high, especially for indigent individuals. Most states do not exempt menstrual hygiene products from sales tax, making the cost that much higher for the consumer. There is a desperate need for legislative action at federal, state, and local levels in the United States to expand access to menstrual hygiene products. An intense stigma surrounds menstruation. This culture of silence creates a breeding ground for discrimination and harassment of menstruators. Schools can play a part in fostering this stigma, either intentionally or unintentionally.

Efforts need to continue to be made in schools, prisons, homeless shelters, and other institutions to minimize the stigma. Educating the public with medically accurate information about menstruation and the need to properly use menstrual hygiene products to avoid infection is an excellent place to begin. An open dialogue about the biological process of menstruation should not be feared but encouraged. Making menstrual hygiene products easily accessible, by exempting them from sales tax as well as providing them free of charge to students, incarcerated individuals, and low-income populations, is a step toward resolving societal inequities around menstruation. Through education, legislative action, and advocacy, changes in law and policy can minimize stigma and protect the mental and physical well-being of citizens.

I am always on the lookout for creative teaching strategies that will encourage students to shorten their pieces of writing without losing the substance. Recently, I have explored examining song lyrics as a way to focus student attention on messaging that is concise, yet effective. I introduce my students to a book written by my former professor at the University of Kentucky Rosenberg College of Law, Richard H. Underwood, titled, “CrimeSong: True Crime Stories from Southern Murder Ballads.”1 In CrimeSong, Professor Underwood examines the history of American crime ballads, looking at events that inspired the music. Using song lyrics is a good way to illustrate concise writing that tells a story, as well as to
introduce the concept of narrative storytelling.

Santa Rosa County in Florida is the first county in Florida to be designated as a pro-life sanctuary. Florida joins other states--including Illinois, New Mexico, Texas, North Carolina, and Utah--in passing resolutions and ordinances declaring localities as sanctuaries for the unborn. Some localities declare life begins at conception, ban abortion services (including access to emergency contraception), classify abortion as murder with malice aforethought, label pro-choice organizations as criminal enterprises, and create civil causes of action against abortion providers and those who assist women in obtaining an abortion. Most of the localities that have enacted the ordinances and resolutions have small populations and do not have abortion clinics. This article examines the sanctuary movement at the local level across the United States. It discusses the intersection of romantic paternalism with reproductive jurisprudence, the emergence and proliferation of TRAP laws, and the resolutions and ordinances making up the sanctuary movement.