A Pro-Adoption Supreme Court

Part of what drives the anti-abortion effort is that the supply of adoption available infants has dropped to almost nothing. Certainly, adoptee centric groups continue to counsel expectant mothers considering adoption to keep and raise their own children to save them from the trauma that separation from the mother who’s womb a baby grew in causes trauma that leads to a diverse variety of physical, mental and emotional effects.

Today, I discovered this person – The Adopted Chameleon. She writes, “Amy Coney Barrett has said she isn’t inclined to protect women’s rights because the baby can be put up for adoption. She has adopted children and knows nothing about adoption. She is clearly biased. John Roberts and Clarence Thomas have adopted children also. They are biased also.”

The Safe Haven Laws are often used to prove that a woman does not need to parent the baby she carries to term. What these people seem to conveniently ignore is the 9 months of a woman’s life that she must give up to gestate a baby. The Handmaid’s Tale by Margaret Atwood comes quickly to mind. Forced birth to supply the demand for babies by couple who are infertile or just can’t have enough children. There are truly gross examples of that kind of overconsumption of children – I’ve written about some of these in the past.

The Adopted Chameleon continues her thoughts with this – “These people are going to decide the fate of future mothers. They use their religion as the reason why abortion should be illegal. Abortion was never a sin in the Bible. The Bible talks about how to make a woman drink the bitter water if her husband thinks she was unfaithful. It never says its a sin. Abortion is used as a fear tactic in voting. People think they are saving babies but they are traumatizing mothers. Then if the mother relinquishes the baby, the baby is traumatized. The cruelty and ignorance of people is right in front of us. They show no remorse for separating families and taking rights away from babies that will be adults without rights. Adoption should be the last option. Adoption is trauma.”

A Christian mission is an organized effort to spread Christianity to new converts. Missions involve sending individuals and groups across boundaries, most commonly geographical boundaries, to carry on evangelism or other activities, such as educational or hospital work. The Pro-Life movement is actually a “mission” and it really matters not if the original parents are poor or of a different color than the hopeful adoptive parents – what matters is converting the heathens to the one true faith.

I woke up this morning to a husband who is worrying about what this contingent minority in our country will do next. Don’t believe this is all that they want. We are on the road to authoritarianism. Could they make these laws retroactive to punish anyone who ever had an abortion when it was legal ? Could they relegate anyone who has been donor conceived to a second class citizenship along with any person who is not the “right” color ? Though I will say that such things could occur, if the current path continues along the current trajectory, making laws retroactive against people who were acting under legal provisions at the time they did whatever will certainly be a dark day for freedom and will usher in a most draconian phase of life in these United States. So I will urge you to Vote Blue – Democrat in November and again in 2024 – if you value freedom at all.

Obedience, conformity, oneness and sameness over freedom and difference. These authoritarian inclined persons are unwilling to tolerate complexity, diversity and difference. Latent authoritarianism relates to a predisposition towards child-rearing values that exclude independence, curiosity and an ability to think through challenging subjects from one’s own points of view. It includes a concern with structuring society and social interactions that minimize any diversity of people, beliefs and behaviors. They favor disparaging, suppressing and punishing differences. ~ from Can It Happen Here ? page 182-183.

As Rebecca Solnit has written, “First they came for the reproductive rights (Roe v Wade, 1973) and it doesn’t matter if you don’t have a uterus in its ovulatory years, because then they want to come for the marriage rights of same-sex couples (Obergefell v Hodges, 2015), and then the rights of consenting adults of the same gender to have sex with each other (Lawrence v Texas, 2003), and then for the right to birth control (Griswold v Connecticut, 1965). It doesn’t really matter if they’re coming for you, because they’re coming for us. ‘Us’ these days means pretty much everyone who’s not a straight white Christian man with rightwing politics.”

Abortion or Adoption is NOT an Equal Choice

It will be some time before the Supreme Court rules on the Dobbs v. Jackson Women’s Health Organization but there are quite a few perspectives turning up in the news already. Both Justice Amy Coney Barrett and Justice Brett Kavanaugh have gotten a lot of attention for their questions during the oral arguments. Forgive me the long blog but I am passionate about both the issue of legal abortion and curtailing the number of babies who end up adopted. And forgive me this too but I do believe there is an element among the Evangelicals of indoctrinating children who would not have been otherwise raised in the Christian religion into their belief system. Basically, conversion of the heathen masses.

Justice Barrett was perhaps the most clueless but as an adoptive mother her perspective should not surprise. NPR had a good feature on this – Why ‘Abortion Or Adoption’ Is Not An Equal Choice – and hence my blog title. Justice Barrett said, I have a question about the safe haven laws. NPR’s Ailsa Chang comments – Safe haven laws are essentially laws that allow someone to terminate parental rights to a child by relinquishing that child for adoption. (Blogger’s note – this is not entirely my understanding but I’ll leave it stand.)

Justice Barrett continued, “In all 50 states, you can terminate parental rights by relinquishing a child, and I think the shortest period might have been 48 hours if I’m remembering the data correctly.” Chang interjects, “Justice Barrett, who adopted two of her own seven children, wanted to know, isn’t adoption an alternative to abortion?” Barrett continued, “Both Roe and Casey emphasized the burdens of parenting and the obligations of motherhood that flow from pregnancy. Why don’t the safe haven laws take care of that problem? It seems to me that it focuses the burden…”

Gretchen Sisson, a sociologist at the University of California at San Francisco, was also commenting on this program and said, “It’s very interesting that Justice Coney Barrett focuses specifically on the safe haven laws because this usage is extraordinarily rare. . . her broader argument about the termination of parental rights is still somewhat surprising because what we have found is that most of them do not end up choosing to place the infant for adoption.”

Another guest is “Bri” (not her actual name but used for privacy). Chang explains, Bri “had a baby and relinquished it for adoption seven years ago. It was a decision that still weighs on her to this day.” I think Bri’s perspective is accurate, “The suggestion that abortion isn’t needed because adoption is there makes it seem like this casual thing, like taking off a sweater and giving it to someone else and just forgetting about it or moving on. And that’s not what it is. It’s this huge event that you do to yourself and your child, and it changes you.” Chang adds, “For many people who don’t wish to have a child, it doesn’t come down to some binary choice between adoption or abortion. These are not equivalent options.” I agree. 

The numbers are shocking. There are around 18,000 to 20,000 private domestic adoptions per year, and these are the adoptions in which a woman makes the decision during or immediately after her pregnancy to terminate her parental rights and place that child for adoption. The number of people who choose to get an abortion is about 900,000 per year. If you look back pre Roe v. Wade, there were more illegal abortions happening than there were adoptions happening. And this is when the adoption rate was at its peak and abortions were completely illegal. There were still more abortions than there were adoptions. Adoption is a very hard decision and it has a lot of adverse outcomes. We see a lot of grief, a lot of mourning, a lot of trauma for the women who go through relinquishments. And that has not really changed even as the context of adoption practice has changed over the years. There is also data that suggests that, in some cases, it is a medically riskier to carry a pregnancy full-term and deliver that baby than to have an abortion, in early stages of pregnancy.

The bottom line is – this isn’t a choice between having an abortion or giving the baby up for adoption, but actually the choice is whether to abort, terminate the pregnancy, or whether the mother has the resources to parent. Many single women faced with an unplanned pregnancy will still chose to parent their baby IF given the support, encouragement and resources to do so. Unfortunately, the selfish elements of our system of government and overall society do not choose to do so. Adoption is often a derailment of parenting plans due to a lack of financial resources, familial support and/or partner support. And when parenting feels precarious or untenable, adoption becomes the solution that they then turn to.

Slate has an article with a similar focus – While Hearing the Case that Could Overturn Roe, Amy Coney Barrett Suggests Adoption Could Obviate the Need for Abortion Anyway. They note that 3 of the Justices, Chief Justice John Roberts, Brett Kavanaugh and Amy Coney Barrett, while listening to arguments about Texas’ notorious SB 8 last month, demonstrated some hesitation about overturning Roe and further dismantling the inherent legitimacy of the highest court in the land. Also note that Chief Justice Roberts has two adopted children and Justice Clarence Thomas has an adopted child as well. Looks like the adoptive parents side of the argument is well represented !!

As part of Justice Barrett’s argument which I have already shared, she goes on to note, “There is without question an infringement on bodily autonomy, for which we have another context like vaccines. . . . so it seems to me that the choice would be between the ability to get an abortion at 23 weeks, or the state requiring the woman to go 15, 16 weeks more, and then terminate parental rights at the conclusion.” The lawyer for Jackson Women’s Health points out that adoption has existed since Roe was first decided and  that pregnancy and birth in particular have dramatic effects on a woman’s health, also that the choice to give a child up for adoption is its own burden, not something to lightly suggest is easy. I agree.

One of the main arguments the state of Mississippi is making in this case is that pregnancy, and parenthood by extension, is no longer burdensome because of many economic and social developments that make pregnancy safer and parenting easier. (And I also agree that they are wrong.) “Numerous laws enacted since Roe—addressing pregnancy discrimination, requiring leave time, assisting with childcare, and more—facilitate the ability of women to pursue both career success and a rich family life,” Mississippi Attorney General Lynn Fitch wrote. It is shocking to hear this claim from Fitch, whose state refuses to enact laws that would grant basic protections and security to new and expectant mothers. In fact, Mississippi remains a dangerous and difficult place to bear, birth, and raise a child for lower-income parents.

The Supreme Court can only embrace Fitch’s fantastical thinking by denying the brutal reality. At every stage of pregnancy, life is difficult for Mississippians who are not wealthy. The state’s maternal mortality rate is substantially higher than the national average, and its infant mortality rate is the highest in the nation. And the racial disparities are staggering. Black mothers die at about three times the rate of white mothers. While Black infants only make up 43 percent of births, they are more than half of the premature births and nearly 60 percent of the infant deaths. Black infants also experience birth defects at four times the rate of white infants.

Be sure to click on the other link embedded (also in Slate) that takes you to an earlier article from September – Mississippi Claims Its Abortion Ban Will “Empower” Women – In reality, it could kill them by Jonathan Allen and Mark Joseph Stern.

As to Justice Kavanaugh, it appears he is opportunistic and has never been honest with the American people, especially during his confirmation hearings. Verdict has an article titled – Justice Kavanaugh’s Misdirection Plays in the Mississippi Abortion Case. Basically it comes down to his definition of “settled law” (as applied to Roe v Wade) and “precedent on precedent” (as applied to Casey). And each seems to have been intentionally misleading during his confirmation hearings.

Those statements seemed designed to reassure senators and the public that he would not vote to eliminate the abortion right. By “settled law,” Kavanaugh apparently meant only that the Supreme Court had not yet overruled Roe and Casey, leaving open the possibility that the Supreme Court could unsettle the law by doing so. As for “precedent on precedent,” the phrase perhaps sounded like a kind of extra-strength precedent, but all Kavanaugh really meant was that the Casey decision included a discussion about precedent (in addition to its discussion of abortion). It was thus a precedent about, or, if you will, on, precedent.

All the linked articles contain additional details and context. What seems clear, depending on how the Supreme Court rules, is that there may be MORE babies for hopeful prospective parents to adopt. The supply of humans for the profit of more than one entity involved in the business of adoption has been severely limited. When I was researching my dad’s adoption, which was related to The Salvation Army, they admitted to me they had to close most of their unwed mothers homes because the demand went down sharply with the legalization of abortion in the Roe v Wade decision.

Family Separations and the Judge

No child should be separated from their Mother, rather we should work on means to keep them together!! No matter what. There are very few children who wind up truly unwanted. Most of the issues their parents face are temporary and, with proper support, the family can be preserved.

Republicans have suggested that one of the reasons she should be given a lifetime appointment on the highest court of the land is that she has seven kids. Constantly bringing up how many kids she has is part of an attempt on Republicans’ part to (1) draw a distinction between Barrett and what they view as childless heathen Democrats, (2) claim that any opposition to her confirmation is anti-mom, and (3) suggest that since she’s a mother, she must be a good person who couldn’t possibly issue rulings that would hurt millions of people.

One of the problems with Coney Barrett is her own worldview – according to her own opening statement in the Judiciary Committee hearing, her own biological children are super intelligent but the black children she adopted were damaged, ie she “saved” them. This is known as white saviorism.

In one of the only discussions of immigration to arise during the confirmation hearings, Barrett declined to say whether she thought it was wrong to separate migrant children from their parents to deter immigration to the United States. “That’s a matter of hot political debate in which I can’t express a view or be drawn into as a judge,” Barrett said in response to a question from Sen. Cory Booker (D-N.J.). Booker said he respected her position but asked again: “Do you think it’s wrong to separate a child from their parent, not for the safety of the child or parent but to send a message. As a human being, do you believe that that’s wrong?”

Barrett told Booker she felt as if he was trying to engage her on the Trump administration’s border separation policy. Under the policy, immigration officials applied a “zero-tolerance” approach to undocumented immigration and separated families crossing the border through Mexico. “I can’t express a view on that,” Barrett said. “I’m not expressing assent or dissent with the morality of that position—I just can’t be drawn into a debate about the administration’s immigration policy.”

Booker responded that, actually, he was simply asking “basic questions of human rights, human decency, and human dignity,” which one might think a staunchly pro-life individual and mother of seven might be able to answer.

Jill Filipovic described Barrett as “Pro-life until birth” which is the real problem with a lot of Pro-Lifers. Filipovic goes on to say about the Judge – “Booker wasn’t asking about the family separation policy as a legal matter. Like her views on abortion, she could presumably separate her personal feelings from her legal ones. She’s been happy to put her views on abortion forward. Why so quiet on family separations?”

The Story of Haitian Adoptions

God’s Littlest Angels, an orphanage in Pétionville, Haiti

Since the subject has come up, I thought I would look into this.  The January 12 2010 earthquake that devastated Haiti’s capitol set off an international adoption bonanza in which some safeguards meant to protect children were ignored.

The current Supreme Court nominee Amy Coney Barrett adopted John Peter, now age 13, was adopted by her in 2010 when he was 3 years old, after the devastating earthquake in Haiti.  Ibram X. Kendi tweeted, “Some White colonizers ‘adopted’ Black children. They ‘civilized’ these ‘savage’ children in the ‘superior’ ways of White people, while using them as props in their lifelong pictures of denial, while cutting the biological parents of these children out of the picture of humanity. And whether this is Barrett or not is not the point. It is a belief too many White people have: if they have or adopt a child of color, then they can’t be racist.”

John Lee Brougher from the NextGen America PAC tweeted, “As an adoptee, I need to know more about the circumstances of how Amy Coney Barrett came to adopt her children, and the treatment of them since. Transracial adoption is fraught with trauma and potential for harm.”  And I really hoped that Trump would have picked the judge from Florida that was on the short list for diversity reasons but I knew he didn’t care one whit about diversity.  He does care about the Evangelicals (many of whom promote international adoptions) and their desire for ultra-conservative judges.  From that perspective, of course Coney Barrett was a given and that has proven out.  A group of Evangelicals were reported in the Oval office the morning before the official announcement.

The Obama administration responded to BOTH the crisis and to the pleas of prospective adoptive parents and the lawmakers assisting them, by lifting visa requirements for children in the process of being adopted by Americans.

Although initially planned as a short-term, small-scale evacuation, the rescue effort quickly evolved into a baby lift unlike anything since the Vietnam War. It went on for months; fell briefly under the cloud of scandal involving 10 Baptist missionaries who improperly took custody of 33 children; ignited tensions between the United States and child protection organizations; and swept up about 1,150 Haitian children, more than were adopted by American families in the previous three years, according to interviews with government officials, adoption agencies and child advocacy groups.

Under humanitarian parole, adoptions were expedited regardless of whether children were in peril, and without the screening required to make sure they had not been improperly separated from their relatives or placed in homes that could not adequately care for them.

Some Haitian orphanages were nearly emptied, even though they had not been affected by the quake or licensed to handle adoptions. Children were released without legal documents showing they were orphans and without regard for evidence suggesting fraud. In at least one case, two siblings were evacuated even though American authorities had determined through DNA tests that the man who had given them to an orphanage was not a relative.

I’m sure there will be more about these circumstances in the coming days.  To inform yourself about the matter, you can read about the free for all Haitian adoptions after the 2010 earthquake in the New York Times – “After Haiti Quake, the Chaos of U.S. Adoptions“.