Could birth control be down aisle 5?

A federal judge – Judge Korman – made a ruling last month that called on the Food and Drug Administration (FDA) to make emergency contraceptives available over the counter with no age restrictions. But so far the Department of Health and Human Services and the FDA have only partially implemented this ruling – pharmacies may now sell emergency contraceptives without a prescription to women as young as 15 years old, but only if they can prove their age.

And as you read that you’re thinking, “Well, proving your age is easy, right?” Think again – because for some women it’s not.

PlanB_One-Step_photo_0907“This compromise doesn’t address the reality that not every woman has a photo ID – especially women in urban areas who may not drive and women age 15 and 16,” the President of NARAL Pro-Choice America Ilyse Hogue said about the decision.

While some 15-year-olds might have a learner’s permit already, there are 16 states that limit learning permits to those older than 15. Without a driver’s license or learner’s permit, women can use either a passport or birth certificate to verify their age. However, for young women still living at home, it is likely that these important documents are filed away in a desk or fire-safe box – which may or may not be locked or easily accessible. So this lowering of the age restriction to 15 for over-the-counter access to emergency contraceptives becomes only as helpful as the reality of the access.

All the while, the clock is ticking on the 72 hours or less that it takes in order for Plan B to be effective. There just isn’t enough time to scramble for any of these documents.

The Administration’s challenges, previously to the FDA and now to a federal judge, are simply putting politics over science. Their hesitation to implement these rulings is seemingly based in discomfort – an unwillingness to acknowledge that teenage girls as young as 15 years old might be having sexual experiences. Similarly, making contraceptives accessible over the counter would relinquish a level of control and familiarity that they’re using as a crutch.

We need to protect the rights of young women to access emergency contraceptives so that they don’t end up with unintended pregnancies at ages when they have barely grown up themselves.  It’s simple, the proof-of-age requirement leaves in place barriers that still restrict women. It robs them of bodily autonomy. It sets a standard that sexual behavior is worthy of punishment or, at the very least, the loss of dignity.

But even if the proof-of-age restriction was eliminated, the question remains of why Plan B, along with other forms of contraceptives, shouldn’t be available as over-the-counter drugs to women and girls of all ages. The reality is that there is no reason why they shouldn’t be over-the-counter, readily available drugs.

In 2011 the FDA determined that, based on scientific evidence, that morning-after pills were safe for “all females of child-bearing potential.” And last December the American College of Obstetricians and Gynecologists deemed that it was time to make non-emergency birth-control pills readily available on pharmacy shelves, without a prescription.

As drugs, birth control pills pose no greater risk than pain pills or decongestants to health – and we trust women to handle their own stuffy noses and sore throats. Contraceptives are especially safe now, with birth control pills containing lower doses of estrogen than when they first became available in the United States more than 50 years ago.

It may be  hard to imagine a world where birth control pills are sitting on the shelf next to the cough syrup and Tylenol, but just because the concept is unfamiliar does not mean that isn’t the right direction to move in. If we change the way we think about access and we make the choice to prioritize it, then we as a society can empower women, and undoubtedly affect the rate of unintended pregnancies in the country.

What’s more, establishing contraceptives as over-the-counter drugs would eliminate so many discrimination lines created by the current access standards – those of economic status, geographic location, age, race and circumstance. It would also ease the stigma about women taking control of their reproductive health. Because empowering women undoubtedly benefits everyone.

Native women fight for access to reproductive healthcare

Sunny Clifford is a NARAL Pro-Choice South Dakota board member.

I grew up on the Pine Ridge Indian Reservation, born and raised. I am a child of eight siblings. My mom was married twice and had four children from each marriage. She ended up a single mother of eight. Life was hard growing up. As soon as I found out what my body was capable of (around the age of 12) I didn’t want to be like my mom. I didn’t want to have eight children. We were hungry, sometimes shoeless. I didn’t want to bring that suffering upon anyone. So here I sit, childless, and not unhappy. I have a dog and she’s the best. I waited a really long time to be a dog owner. I want all women to have this right to decide if they want children or not, and when they want them.

The lack of access to reproductive healthcare in South Dakota, especially on an Indian reservation, is astonishing. You’d think you weren’t in the United States, you know with the woman’s right to choose and Roe v. Wade, those freedoms that make life feel as if you have some control over it.

I wasn’t aware of my lack of reproductive rights until last year when I read a report about Native women’s lack of access to Plan B, the morning after pill. (click here for the Roundtable Report on the Access of Plan B as an over-the-counter (OTIC) within Indian Health Service). I read that we are entitled to get the emergency contraceptive through Indian Health Service (IHS). I was shocked and upset that I hadn’t known this before. The reality is that for most of us living on reservations, it has been extremely difficult to access over-the-counter Plan B (however, significant improvements have been made in the past few months due the activism work of incredible Native women). I sat there and thought to myself: Why are so many women being denied this right when the rest of the women in America are not? Is it because we are Indian? Yes, it was because of our race; it was because of our location.

We are denied so many other crucial reproductive rights. Since Cecelia Fire Thunder’s impeachment from her position as tribal president of the Oglala Sioux Tribe in 2006—because she stood up for women’s rights in the state of South Dakota—the tribe has outlawed abortion on the Pine Ridge Indian Reservation. And since then, the state of South Dakota has instated mandatory counseling sessions and a 72-hour wait period prior to obtaining abortion care. Oh, and let’s not forget the numerous other anti-choice, anti-women laws that have been passed recently. Where is our freedom? Where is our choice? Where are our rights?

I feel blessed (most of the time, especially when I’m not menstruating because it’s so utterly painful) to be a woman. I love my body. I love having breasts. I love the idea that I can be host to another being inside my body. It’s beautiful. However, other times, as an Indigenous woman, I feel powerless because of policies that have been forced upon my peoples’ bodies since the days of early colonization.

Let’s reminisce for a sweet moment while I try to take you down a memory lane you have no personal recollection of. In a land not far away from here, on Indian reservations, there once were a people, in particular, a group of women, who were in complete control of their reproductive systems. They knew what plants and teas to consume, they knew those things as medicine for their bodies. They knew when it was appropriate for them to have children and how many they wanted. Their world was turned upside down when the settlers decided that the Native American lands and people were theirs for the taking. This was over a hundred years ago; it still has not ceased.

We cannot feel sorry for our circumstances – okay if you must, take a second or so to feel bad – but then get enraged. Get enraged because we should be the only people to decide for ourselves what to do with our bodies, our precious, beautiful, life-giving bodies (or non life-giving bodies, that should be our choice).

Denying Native American women, and especially those women living in rural areas across the country (and wherever else these violations occur), access to reproductive healthcare is unacceptable. We must all join together and reclaim our bodies, reclaim our minds, reclaim our lives. We do not need Congressmen telling us how we should run our woman parts.

Click here to sign Sunny’s petition on for IHS to stop blocking access to Plan B.