Kowalczyk Statement in Support of

Resolution Condemning Dobbs v. Jackson Women's Health Organization

July 11, 2022

I’d like to start by sharing a passage from Justice Kagan’s Dissent from Dobbs v. Jackson Women's Health Organization. “Whatever the exact scope of the coming laws, one result of today’s decision is certain: the curtailment of women’s rights, and of their status as free and equal citizens. Yesterday, the Constitution guaranteed that a woman confronted with an unplanned pregnancy could (within reasonable limits) make her own decision about whether to bear a child, with all the life-transforming consequences that act involves. And in thus safeguarding each woman’s reproductive freedom, the Constitution also protected “[t]he ability of women to participate equally in [this Nation’s] economic and social life....But no longer.”

The Dobbs decision is poorly reasoned because it relies on the assertion that the ratifiers of the original Constitution and the 14^th amendment did not contemplate abortion as a right.

As Justice Kagan reminds us in the Dobbs dissent, “people” did not ratify the Fourteenth Amendment. Men did.” So it is not surprising that they were not attuned to the importance of reproductive rights for women’s liberty, or for their capacity to participate as equal members of our Nation. Women would not get even the vote for another fifty years. This reasoning “consigns women to second-class citizenship.”

This is why I am asking you to consider and pass this resolution. To validate that our City does not consign women to second-class citizenship. A majority of women serve on this city council right now. What the Dobbs decision says is that we do not have the freedom to control our own bodies, and the right to make very personal and private decisions about our health care under the advice and care of our doctors. The Dobbs decision, and those who support it, are sending a message that they do not trust women to make these very difficult decisions.

We have received a substantial number of emails on this resolution. I truly appreciate residents sharing their thoughts and support, particularly those of people who remember what it was like before the Roe v. Wade decision, and residents, including young women and their parents, who can’t imagine what we are in for now.

We also received emails from individuals that say we are not representing the city as a whole, and that we shouldn’t get involved in national issues that are divisive and for which we cannot act.

We have done this before. I will remind you that this city council just sent letters to state and federal representatives urging them to enact gun control legislation, and we did the same in 2018. In 2019 we passed a resolution urging the General Assembly to pass the Ohio Fairness Act – a comprehensive nondiscrimination law for the state. In 2020 we passed a resolution condemning racism. In 2021, in response to increased actions of racism and xenophobia as a result of the pandemic, we issued a joint statement with the Community Relations Commission, Worthington International Friendship Association and City Administration in support of our Asian American and Pacific Islander (AAPI) neighbors to strongly condemn acts and expressions of hate and discrimination toward AAPI citizens. We have taken on issues of national importance before, because we owe it to those who elected us to use our voice to speak out against injustice against all of our residents. To do otherwise would be complicit in the injustice being committed. The same is true with this resolution.

The right to abortion is supported by an overwhelming majority of Americans. Abortion is essential health care, a constitutional right, and a human right.

Abortion is not a single issue in a platform. It’s about so many other things we need to address – racism, church vs state, the right to affordable health care, economic insecurity, gay rights, trans rights, disability rights, sex discrimination and sex. Bodily autonomy and self-determination. The freedom and right to be who you are, to live your life without fear, and to decide who you can be with and how. These are all bound up in the fourteenth amendment right to personal liberty that is now under attack and is at risk of being lost.

Low income women, women without the resources to travel or to seek a medication option, trans people, and women of color will be most severely impacted. I just can’t wrap my head around a situation where people think it is ok, or even a “gift” for a10 year old to have to bear a child as a result of a sexual assault. How is that ok? Why is she the one being punished for the crime? How can you not see this as a life sentence for her – reliving her trauma through forced birth. This is not the only horrible story you will hear; it’s only the first of many.

Passing this resolution means we support compassion, equity, and freedom over fear, control, and marginalization.

Also, after hearing from over 300 community members at public input events and over 2,000 members online and in surveys over the course of several months, our council-created, community-led Visioning Committee put together a set of seven vision statements that set forth the vision for Worthington as identified by community members. One of the vision statements is pertinent to this resolution - Worthington is a diverse and equitable community. It goes further to state - “Worthington welcomes people across age, race, gender, ethnicity, orientation, gender expression, abilities, income, religion and politics. We are committed to systems, processes, resources, employment and public services that are accessible and fair for all. We recognize inequities and actively work to overcome biases and injustices that create barriers to full inclusion within our community. Diversity strengthens the social fabric of Worthington as we build authentic, lasting relationships and care for one other.”

This vision starts with us. And this resolution supports this vision. As a result, I am introducing this resolution and ask that you support it.