filkertom: (Default)
[personal profile] filkertom
South Dakota State Representative Joel Dykstra:
“I think ‘rape and incest’ is a buzzword,” said Rep. Joel Dykstra about not including those conditions in the abortion bill. “It’s a bit of a throwaway line and not everybody who says that really understands what that means. How are you going to define that?”
I'm trying to find a link to the actual quote, rather than just the reference on the blog -- but it doesn't appear to be online. It's in a New Jersey weekly, the Two Rivers Times. So if anyone up that way can find it and get me a scan, I'll put it up here.

Fuckin' Oy.

(no subject)

Date: 2006-04-21 02:58 pm (UTC)
From: [identity profile] catchild.livejournal.com
Word fail me. I can't even begin to describe how glad I am that I don't live there, or how scared I am that TN will follow SD lead. (As it seems to be trying to do)

(no subject)

Date: 2006-04-21 03:06 pm (UTC)
From: [identity profile] redaxe.livejournal.com
Oh, man. Mr. Idiot Dykstra:

Rape and incest, commonly defined. I suggest you speak with an attorney for South Dakota's legal definitions. And, while you're at it, resign your office. Someone with as limited a vocabulary as yours is not qualified to hold it.

(no subject)

Date: 2006-04-21 03:20 pm (UTC)
From: [identity profile] morpheus0013.livejournal.com
How do you...I'm...

Ooookay. Aside from both those words being in the dictionary, you could go through some psych texts to read about the ramifications and results thereof.

Or you could talk to my mother.

Or, if you're slightly less inclined toward the intellectual, you could watch "Law & Order: SVU."

Or you could SHUT YOUR FUCKING PIEHOLE!

On second thought, don't. You South Dakotan idiot "politicians" are making the 2006 elections and an eventual overturn of your draconian ban easier than a trillion pro-choice actvists could have dreamed.

This is a good example of why I refer to my two years in South Dakota as "having put in my time in Hell."

(no subject)

Date: 2006-04-21 03:49 pm (UTC)
From: [identity profile] rdmaughan.livejournal.com
To be picky, "rape and incest" is three words. I believe this could also be referred to as a phrase. Being a polite young man I cannot say how the politician should be referred to.

Unrelated

Date: 2006-04-21 04:00 pm (UTC)
From: [identity profile] shsilver.livejournal.com
Our call seemed to get dropped, but I think we covered the essentials.

Re: Unrelated

Date: 2006-04-21 04:15 pm (UTC)
From: [identity profile] filkertom.livejournal.com
Indeed. And I sent you a follow-up e-mail. See you at ToBeContinued or Duck?

Re: Unrelated

Date: 2006-04-21 04:24 pm (UTC)
From: [identity profile] shsilver.livejournal.com
I'll be at 2BC.

(no subject)

Date: 2006-04-21 04:05 pm (UTC)
From: [identity profile] pixel.livejournal.com
(sent via this page (http://legis.state.sd.us/email/LegislatorEmail.aspx)

From: [me]
To: Rep. Dykstra
Subject: Definitions

Since you seem to be confused as to the definition of the words 'rape' and 'incest', here are a few links to assist you.

Rape: The crime of forcing another person to submit to sex acts, especially sexual intercourse.
http://dictionary.reference.com/search?q=rape

and

Incest: Sexual relations between persons who are so closely related that their marriage is illegal or forbidden by custom.
http://dictionary.reference.com/search?q=incest

Hopefully that will clear up any confusion on your part.
For further information on the definition and common useage of these words please consult you legal counsel, any member of the medical profession, any member of the psychiatric, psychology, or couciling professions, or nearly any person who lives in the real world.
-P

(no subject)

Date: 2006-04-21 04:32 pm (UTC)
From: [identity profile] tigertoy.livejournal.com
I don't mean to support the turkey, but to take a contrarian point of view in this discussion. If you believe that the fetus is a person and the woman carrying it is clearly something less, exceptions for rape and incest are an inappropriate distraction -- no abortions make sense. On the other hand, if you believe that the woman is a person and the fetus is clearly something less, special considerations for rape or incest are a distraction -- no bars to the right to an abortion make sense.

If a woman has to claim rape to get an abortion, how often will a man get accused of rape when it was consensual at the time because the woman (not necessarily mentally together) to get the abortion she needs approved? And how often will an unwanted baby be born because the woman (not necessarily mentally together) is not willing to report a rape because she still has positive feelings for the man, or because she fears reprisal if she makes it public?

I'm about as far away from Dykstra's position on abortion (I haven't exactly researched that, but I think my assumptions are safe) as anyone you'll find, but I actually find some merit in the idea that special legal status for (reported) rape and incest is a distraction from the real issue.

You may all fire at will.

(no subject)

Date: 2006-04-21 04:48 pm (UTC)
From: [identity profile] filkertom.livejournal.com
I agree with you. The only "good" thing that can be said about this horrific provision is that it's consistent. No abortions, ever.

This entire thing is just pushing the line further and further back. These people care nothing for women's health or well-being, or even that of the fetuses. They have bugs up their asses about what they consider to be "immoral" behavior, and they figure that their morality is more important than women's privacy or health. They don't like sex, they want to control women, they want to appease their weak, petty God... pick one. Or three. Or several more to go with those.

A woman's womb is nobody's business but her own.

(no subject)

Date: 2006-04-21 05:35 pm (UTC)
From: [identity profile] tigertoy.livejournal.com
A nasty thought just occurred to me -- the worst of the fundies may support abortion in the case of rape and incest, not out of consideration for the woman, but to punish the man for unsanctioned sex. It's especially whacked out in light of the fact that they normally see unwanted babies as punishing the woman for unsanctioned sex, or just for being a woman. The decision to terminate or not terminate a pregnancy should never in any way be about punishing the adults for their moral transgressions.

(no subject)

Date: 2006-04-21 06:54 pm (UTC)
ext_32976: (Default)
From: [identity profile] twfarlan.livejournal.com
I'm kind of looking forward to this thing being challenged in the Supreme Court. No exceptions means it will be brought before the SCOTUS all the faster. Frankly, the fundies and their attacks on abortion rights is like a boil on this country's legal system. And what's the best way to get rid of a boil? Bring it to a head and then LANCE THE SUCKER.

If the SCOTUS says that Roe v. Wade precludes this nonsense, they'll have to say why and get their opinions on the damn record once and for all. End of discussion.
If the SCOTUS uses the opportunity to overturn Roe v. Wade... you know what's going to happen? A backlash that's going to leave these idiots spitting out teeth from the force of it.

Bring the issue to a head. Stop beating around the damn bush and let's get it over with: are we in America or the Republic of Gilead?
From: [identity profile] capplor.livejournal.com
Who is going to be hit before this backlash? Defenseless young women, who, despite a previous post, nobody has officially declared to be less than legal persons (whatever their private opinions might be).

Perhaps someone you love.
ext_32976: (Default)
From: [identity profile] twfarlan.livejournal.com
Yep, that's entirely possible. And it would very much suck to be that person. But then, let's say that person lives in South Dakota. That person is going to experience this a lot sooner than the rest of us will. In other words, there's a lot more time between this law going into effect and the Supremes ruling on it for this person's life to take a serious nosedive. Get it over with, is what I'm saying. Get the challenge over and done with so there's no more question.

By the way... what difference is it supposed to make, saying, "someone you love?" Is it more important or more tragic just because it could happen to someone I know and care for? Am I supposed to respond with, "Oh, wait, you're right, this could affect a REAL PERSON, I should totally change my mind,"? Or am I supposed to be like some of the people who protest abortion clinics, mothers and daughters, who can apparently put down their placards and their beliefs long enough to go in and have an abortion, then go back outside and pick the placards back up with a straight face, feeling no moral quandries because it's different when it's your own?
From: [identity profile] capplor.livejournal.com
Frankly, yes. You're being very cavalier about SOMEONE ELSE'S problem, to a degree that I would find not-believable if suddenly your sister/daughter/dear friend came up raped and pregnant and with no options, because I don't believe that you can believe it will ever really affect you. (If someone you loved were in trouble, you'd just get them out of SD. Someone impoverished & friendless may not have that option.)
ext_32976: (Default)
From: [identity profile] twfarlan.livejournal.com
Heh. Well, good to know that there are people out there who can judge books by covers, after all.

(no subject)

Date: 2006-04-22 12:38 am (UTC)
From: [identity profile] nomaddervish.livejournal.com
Getting this up to SCOTUS wouldn't be a bad thing, but there's no guarantee it will end there. Personally, I think the most likely case is that Planned Parenthood will be able to collect the (IIRC) roughly 17000 signatures required to get it put up as a referendum this November and I'd rate its odds of surviving a popular vote at under 50%, although I don't know the SD populace well enough to make a more precise guess.
From: [identity profile] the-blue-fenix.livejournal.com
... a different analogy to play with. Organ transplants.

Imagine a person A, who is demonstrably going to die without a kidney or liver transplant. (Examples chosen because either type of transplant -- half of a healthy liver, or 1 of 2 healthy kidneys -- is dangerous but by no means guaranteed fatal for the live donor. Heart transplant would be a different ball game.)

And imagine a person B, who has an eligible liver or kidney to donate if they choose. Tissue typing being what it is (despite 'House MD') it's quite plausible that this is the only kidney or liver which can be gotten to A in time.

Now in this situation A -- male or female, innocent or the scum of the earth, beloved family member or total stranger -- is just as dependent on B for life as a fetus/embryo is dependent on its mother. And A is unquestionably a live human being with full civil rights, no "when life begins" ambiguity possible.

Sure, there would be social pressure on B to do the generous thing. Probably lots of B's would go ahead and donate. (I expect I would.) Most of those who refused would offer some sort of excuse like the (real) danger of surgery or the (real) danger that they themselves might need that backup liver or kidney capacity at some point in their lives.

Nonetheless, I don't know of any circumstances -- even if A is a saintly public figure and B is under sentence of death for serial killing -- where B would be _compelled_ to donate that half-liver or kidney. You might think badly of B for not going along, especially if he/she gave a simple "don't wanna" as a reason. I might too. But the law and medical ethics alike wouldn't allow strapping down a screaming, resisting B and stealing that pound of flesh even to save A's unambiguous human life.

Some of that may be path of least resistance. A pregnant woman who says "It's my body, my decision stands" has to get active intervention to not have the baby anyway, whereas B's "It's my body, bugger off" will stand unless surgeons intervene to take that organ out on A's behalf. It's a lot easier for doctors to get sued or arrested for active than for passive consequences of their actions.

But on a purely moral plane, why is compelling a pregnant woman to carry to term against her will different from "we've come for your liver" against the donor's will? Doesn't a random A deserve to live just as much as a random newborn does, if it's a Life Is Sacred issue? And shouldn't a uterus be just as much under its owner's control as a kidney, if it's a Self-Determination Is Sacred issue? I'm not demanding that everyone agree with my own position, just noting that many abortion arguments seem strangely different when plugged into the organ-donor analogy.

The other thing that interests me, as a Lois Bujold reader, is to imagine the SF technology of uterine replicators suddenly becoming a real-world option with today's political climate unchanged.

I expect Life would wind up being exactly Sacred enough that an irresponsible, lazy, slutty woman would be served right by having to carry the baby in her own personal body anyway, but not Sacred enough that anyone else ought to have to foot the bills. Like the way passage through the birth canal now turns a baby from a Sacred Life to a much-resented burden on the welfare system. 'Post-born' poor kids can't _exactly_ be killed outright, but they can be nickeled-and-dimed to death for lack of food, medical care, housing, protection from violent or negligent parents, etc. Like the transplant patient vs. the fetus, this apparently makes a difference.
From: [identity profile] purpleranger.livejournal.com
I wouldn't think badly of B for saying no for any reason, under any circumstances. Mainly because it's probably what I would do if I were in that situation.
From: [identity profile] kitsana-d.livejournal.com
I rather enjoyed that example. I just wish others could understand...:(

(no subject)

Date: 2006-04-21 04:38 pm (UTC)
From: [identity profile] unclelumpy.livejournal.com
“I think ‘rape and incest’ is a buzzword,” said Rep. Joel Dykstra about not including those conditions in the abortion bill. “It’s a bit of a throwaway line and not everybody who says that really understands what that means."

As opposed to, say, "Adoptions, not abortions"?

(no subject)

Date: 2006-04-21 05:46 pm (UTC)
From: [identity profile] kitsana-d.livejournal.com
can't...define....bwah??

eep.

(no subject)

Date: 2006-04-21 05:51 pm (UTC)
From: [identity profile] ladyskada.livejournal.com
Similar dormant laws have been passed in other states... [Rep. Joel Dykstra, R-Canton, prime sponsor of HB1249] said health is a term that cannot be easily defined, and abortions should only be allowed if a woman's life is in danger. ''If we open the door to a fuzzy line called health, I would argue that the purpose of the bill would be compromised,'' he said.

Rep. Elizabeth Kraus, R-Rapid City, said no exceptions should be made in cases of rape or incest. It is rare for raped women to get pregnant, but allowing them to have abortions is no different from raping them again, Kraus argued. ''The welfare of the mother and the child are never at odds, even in sexual assault cases,'' she said. ''In a sexual rape, a woman is robbed of her purity,'' Kraus added. ''In this medical rape, she is robbed of her maternity.''
Published on March 7, 2006, Page 10A, Aberdeen American News (SD)

Rep. Larry Rhoden, R-Union Center, who is the House GOP leader, said the proposed exception for rape is a distraction often used during abortion debates. ''Does that make that life any less precious . . . regardless of how it came about?'' he asked.

The penalty would apply only to those who do abortions or who prescribe any drugs that would abort a fetus. Women who have abortions could not be charged.

(no subject)

Date: 2006-04-21 09:28 pm (UTC)
From: [identity profile] mrteapot.livejournal.com
"It is rare for raped women to get pregnant, but allowing them to have abortions is no different from raping them again, Kraus argued."

What the hell? Rape is involuntary - that's what makes it a crime and not just healthy sex. An abortion is, however, voluntary, so calling it "medical rape" is inflammatory, deceptive and stupid. The closer analogy is to call illegalizing abortion a form of rape: in both cases you are removing a woman's ability to make decisions over the care of her own body. (In Perdido Street Station, one culture has a single crime: "theft of choice". Rape is one example thereof, and all this stupidness would also be.)

(no subject)

Date: 2006-04-21 06:22 pm (UTC)
From: [identity profile] min0taur.livejournal.com
I've got a three-word answer to his three-word-buzzword: Ask your mom.

And normally I really hate fightin' words. But I hate aggressive barbarism just as bad.
From: [identity profile] dbcooper.livejournal.com
Following [livejournal.com profile] pixel's excellent decision to send a message to Rep. Dykstra, I sent one of my own the same way:

I think you'll find that rape is quite specifically defined at http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=22-22-1

and that "incest" is defined at http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=22-22A-2 .

I found these in your own state laws online with a Google search in about three seconds each.

I expect the announcement of your resignation Monday.

(no subject)

Date: 2006-04-22 01:56 am (UTC)
From: [identity profile] dragonscholar.livejournal.com
Saw that. If that's the case that he said that . . . well.

As noted above, these things ARE defined in law in his own state. I also am quite sure he could meet some women who were brutally buzzworded who can tell him that it's very real.

Frankly, I don't think these people really care. For some demented reason, they want this law so BADLY, they'll trample anything and anyone.

(no subject)

Date: 2006-04-22 02:09 am (UTC)
From: [identity profile] skalja.livejournal.com
I dunno. A dictionary?

Shithead of the Day

Date: 2006-04-22 03:01 am (UTC)
From: [identity profile] bschilli.livejournal.com
Rep. Joel Dykstra wants to how to define rape and incest.
Rape is defined in Chapter 22-22-1 of the South Dakota Codified Laws.
Incest is defined in Chapter 22-22-19.1 of the South Dakota Codified Laws.
I believe that this means that the State of South Dakota has already defined rape and incest.
Unfortunately Rep. Joel Dykstra is unopposed in the 2006 election.

Ben

(no subject)

Date: 2006-04-22 03:31 pm (UTC)
From: [identity profile] rmeidaking.livejournal.com
The thing is, in many fundamentalist sects, there cannot really be any 'rape' as the women in the society are obligated to do whatever is asked by the men of the society. Period. Either that, or it all is, because a woman is never supposed to want to have sex, it all must be rape, or else none of it is, and if none of it is, well, none of it is. Or else she wasn't fulfilling her duty.

As to incest, they do have a problem defining it. At what degree does it stop being incest? Since we are all the children of Adam and Eve, we are all cousins, all one big family, and so it must all be incest, or else none of it is.

So if there's no such thing as rape, and no such thing as incest, how can abortion be allowed in those cases?

Please note that I DO NOT BELIEVE THE ABOVE. I have just heard the logic (?) over and over from my fundie cousins, to the point that I can recite it.

They have views that are scarier than these, too. In many ways, this is just the tip of the iceberg. Yes, they're out there. No, they aren't going to invite us over for dinner: we might talk to their kids.

Is this more than you wanted to know?

(no subject)

Date: 2006-04-22 04:51 pm (UTC)
From: [identity profile] ericthemage.livejournal.com
Knowing this information, his position makes sense. (Definitely not in my mind, but in his. Gack!)

So what do they call it when a man forcibly has sex with another man's wife?

(no subject)

Date: 2006-04-22 05:26 pm (UTC)
From: [identity profile] rmeidaking.livejournal.com
Adultery. Kind of a problem; maybe they should both be stoned to death. That's sort of out of style though, so in practice they will generally pretend it didn't happen.

Yes, I perceive certain of my cousins as sick and twisted, but of course, they think the same of me. :-)

(no subject)

Date: 2006-04-22 05:12 pm (UTC)
From: [identity profile] purpleranger.livejournal.com
I think what we need here is for Mark Harmon (or his on-screen alter ego of NCIS Agent Gibbs) to give this guy a slap on the back of the head.

With most state legislators, the gig is only a part-time thing. Assuming this is the case in South Dakota, you have to wonder what this bozo does when South Dakota's state legislature isn't in session.

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