Interview: ACLU Sues to Get Trafficking Victims Reproductive Healthcare

A few weeks ago, a Massachusetts court ruled that an ACLU lawsuit against the U.S. government could move forward. The suit revolves around the U.S. Conference of Catholic Bishops (USCCB), which has been receiving government cash to fund services for trafficking victims. But USCCB has been preventing their subgrantees — the organizations who directly serve trafficked people — from using any federal cash to fund certain reproductive health services, including access to contraception. I caught up with the ACLU's Brigitte Amiri who has been heading up the suit and asked her what it was all about and how it would affect trafficking victims.

Amanda: Can you give a brief summary of the lawsuit?

Brigitte: Our investigation revealed that the federal government awarded a multimillion dollar contract to USCCB to serve trafficking victims, and allowed USCCB to impose its religious beliefs on others by prohibiting anyone they subgranted to from using federal dollars to provide or refer for contraception and abortion. The government allowed USCCB to impose this restriction based solely on USCCB's religious beliefs.

A: Why do you think it is important for human trafficking victims to have access to reproductive healthcare?

B: Most women who have been trafficked have suffered sexual abuse at the hands of their traffickers. As the government itself has recognized, denying reproductive health care services to women who have been trafficked further victimizes these women. For example, some traffickers prohibit women from accessing contraception, including condoms, and force trafficked women to carry a pregnancy to term or to have an abortion. Allowing these women to make their own decisions about reproductive health care is important so that they can become self sufficient. Also, people who are trafficked and forced to work in the sex trade have higher incidence of HIV. It is therefore crucial that they are provided information about, and have access to, condoms.

A: What do you think a victory for the ACLU in this suit would mean for trafficking victims in the future? What about a defeat?

B: A victory would mean that the government cannot allow a private entity, like USCCB, to impose its religious beliefs on trafficking victims in order to deny them access to much needed reproductive health care services. A defeat would mean that trafficking victims may be forced to go without these services, or, at best, cash strapped organizations dedicated to providing comprehensive care will have to scramble find resources in this tight economy to provide these services.

A: Do you think this lawsuit might harm the USCCB's ability to provide other services to trafficking victims? Why or why not?

B: No, because USCCB doesn't directly serve any trafficking victims. If the court rules that the federal government cannot allow USCCB to prohibit its subgrantees from using federal dollars to provide or refer for reproductive health services, then USCCB can continue to administer the grant but must remove the restriction. Faith-based organizations can compete for government grants on equal footing, but they also must play by public rules.

If you are a trafficking survivor or government-funded program who has had or is having difficulty accessing reproductive healthcare resources, you can contact Brigitte at bamiri (at) aclu (dot) org or 212-519-7897.

Photo credit: mckaysavage