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High noon for the morning-after pill
With the medical establishment pushing to make it available over the
counter, and anti-abortion groups fighting to stop it, little-known
emergency contraception could be the next battle in the reproductive
wars.

- - - - - - - - - - - -
By Janelle Brown

June 20, 2001 | Perhaps the one thing both sides of the abortion
debate can agree on is that it would be a good thing if there were a
lot fewer of them. Every year, more than 3 million American women
have unintended pregnancies, and almost half of those pregnancies end
in abortion. This, by any measure, is a national dilemma, regardless
of whether your sympathies lie with the embryo or with the woman who
must make the decision to terminate her pregnancy.

It's remarkable, then, that the most effective tool for reducing the
number of abortions remains so little-known and inaccessible. Every
woman in America probably knows what an abortion is, but only 15
percent have ever heard of the morning-after pill. Yet according to
the medical community, the morning-after pill -- also called
emergency contraception -- could potentially cut America's abortion
rate in half.

Emergency contraception consists of a high dose of the hormones found
in ordinary birth control pills. If taken within 72 hours after
unprotected sex, the morning-after pill can prevent pregnancy 75 to
85 percent of the time. Taking it is easy: Women can either pick
apart a packet of birth control pills and take about twice the
prescribed dose, or get a prescription for one of the two FDA-
approved drugs that are marketed specifically as emergency
contraception. One such product, called Preven, was approved by the
FDA in 1998; the other, Plan B, a year later. Emergency contraception
is widely endorsed by doctors as being both safe and effective.

The morning-after pill is commonly confused with RU-486, the so-
called abortion pill, which ends a pregnancy several weeks after it
has begun. Emergency contraception takes effect much earlier.
Depending on where a woman is in her menstrual cycle, it has one of
three effects: It prevents ovulation, stops fertilization or -- most
controversially -- prevents implantation of an egg that has been
fertilized.

Emergency contraception has been a relatively minor player in the
nation's wracking battle over reproductive rights, but that could
change soon. With the medical establishment pushing to have emergency
contraception available over the counter, and anti-abortion groups
and perhaps the Bush administration gearing up to stop it, a major
battle could be brewing. If anti-abortion forces succeed in
demonizing the morning-after-pill just as it promises to become more
widespread, the nation's great potential weapon against abortion
could once again slip into oblivion.

Emergency contraception has been available for decades in this
country, but the first emergency contraception product was only
approved by the FDA in 1998. Until the FDA's action, most women
weren't even aware of its existence: It was used mainly by college
students and clients of family planning clinics. Then, in April of
this year, the American College of Gynecologists and Obstetricians
issued a call to arms, asking doctors across the country to
proactively distribute prescriptions for emergency contraception
during their patients' annual visits. And the American Medical
Association is now pushing to make emergency contraception an over-
the-counter product, like Tylenol or Sudafed.

"We're convinced that if emergency contraception was more available
and utilized, at least half of [American] abortions could be
prevented," says Dr. Thomas Purdon, president of the American College
of Obstetricians and Gynecologists. "And since the whole abortion
issue is such a divisive and gut-wrenching issue for the U.S., we'd
like to be a little more active."

But because emergency contraception can terminate a potential (or
actual, depending on your definition) pregnancy, it is anathema in
anti-abortion circles -- and they're trying to stop it.

Last month, Senator Jesse Helms, R-N.C., sponsored an amendment to
the Elementary and Secondary Education Act, which would withhold
funding to school-based healthcare centers if doctors in those
centers distribute emergency contraception to teens without their
parents' permission. The amendment was never brought to the floor,
but Helms is expected to try again. And in San Bernardino County in
Southern California, the local board of supervisors is trying to
prevent county public health agencies from distributing emergency
contraception to women of any age.

Other anti-abortion organizations blast emergency contraception as
unsafe and immoral. "'Emergency contraception' is actually a
misnomer, because the pill can actually serve as an abortion-inducing
drug," claims Heather Cirno, spokeswoman of the conservative public
policy organization Family Research Council, which opposes abortion
in all cases, including rape and incest. "That's something that the
abortion lobby doesn't talk to you about."

Two other leading pro-life organizations, American Life League and
Concerned Women for America, are also strongly opposed to emergency
contraception. Says Wendy Wright, spokeswoman for Concerned Women of
America, "One of the ways the so-called emergency contraception works
is by not allowing a life that has been conceived to implant in the
woman's womb. Implantation is simply the process by which the new
life gets nutrition; so it causes the death of that new life. It is
an abortifacient.

"Birth control pills need a prescription," Wright adds. "What's
happening with emergency contraception is that they are being handed
out without a prescription. It's a higher dose of something else that
requires a prescription for good reason. The groups promoting these
morning-after pills are putting young women's lives and health at
risk."

The Bush administration's stance on emergency contraception remains
unclear. Although few observers think he would overtly try to
overturn or gut Roe vs. Wade, Bush has taken a much harder anti-
abortion line than observers thought he would: His first significant
act after being sworn in was to cut off funding to international
organizations that provide abortions. And his appointment of anti-
abortion conservative Tommy Thompson as Secretary of Health and Human
Services also worried pro-choice advocates.

But even if the Bush administration doesn't move directly to limit
the use of emergency contraception, its aggressive funding of
abstinence-only sex education is certain to make it less known to
young women.

Right-to-life groups and conservative moralists worried about lax
sexual behavior each have their own reasons for opposing emergency
contraceptives. Right-to-lifers usually define pregnancy as beginning
with conception: when the sperm penetrates the egg. So, in these
conservatives' eyes, the morning-after pill is no different than RU-
486, the notorious "abortion pill." (The medical community, by
contrast, tends to define pregnancy as implantation -- when the
fertilized egg implants itself into the uterine lining.) At a
political level, emergency contraception represents the thin end of
the wedge for right-to-lifers: If preventing a fertilized egg from
implanting itself on the uterine wall is not considered an abortion,
the anti-abortion position could begin to erode. It's not the easiest
position for anti-abortionists to argue: After all, many women might
instinctively feel more comfortable knowing they had destroyed a tiny
16-cell blastocyst, which might or might not later have proved to be
a viable embryo, than that they had destroyed a 4-week-old fetus. On
the other hand, the issue's low profile works in the pro-lifers'
favor: If such a small percentage of the population is even aware of
emergency contraception, who would even notice if it's gone?

As for the moralists, they believe that emergency contraception is
bad for the same reason that frank sex education is bad: In their
minds, it encourages unwanted behavior. Attitudes toward the morning-
after pill neatly reflect one of the great divides in the culture
wars: One group favors teaching kids what can happen if they have sex
and providing emergency contraception, while the other preaches
abstinence and hopes that teenagers will stop having sex.

When I was in college at University of California at Berkeley in the
early 1990s, the existence of the morning-after pill was a collective
secret that was passed from undergrad to undergrad soon after each
class's arrival. The school health clinic dispensed the pills for
free, and a significant number of my dorm mates, friends and
acquaintances made that next-day pilgrimage to the clinic nurse after
a torrid night that ended in a broken condom, or, even worse, an
encounter without any protection at all.

The morning-after pill was not seen as an alternative to protection --
 the pills made you nauseated and ashamed -- but it was a relief to
know that they were there, just in case. The alternative was to
anxiously wait the weeks until your next period, praying that you
weren't pregnant. (Of course, the other alternative was to not have
sex at all, but that argument didn't seem to take at my university.)

But Berkeley is a liberal outpost where awareness of emergency
contraception is widespread and the pills are easy to obtain. Most
American women don't know about emergency contraception at all, let
alone how to get it or when to take the pills. For those who do, the
process of acquiring it is relatively onerous: You need to visit your
doctor, get a prescription and fill it within 72 hours.

The desire to make the morning-after pill easily available to all
women has motivated reproductive rights activists and physicians to
take action. "Emergency contraception is so time-sensitive, and we
want teens and everyone to have increased access in the most
convenient manner," says Betsy Cavendish, legal director of the
National Abortion and Reproductive Rights Action League
(NARAL). "Every single hurdle could spell the difference between
getting pregnant and not getting pregnant. You want it to be
convenient, not to have to make doctor's appointments [which require
you to] leave school or your job. The whole process can be quite
cumbersome."

To make it less so, Planned Parenthood of Chicago has launched a
service that will dispense prescriptions for the morning-after pill
via its Web site to women in Illinois and Georgia. Women merely fill
in a form, and a nurse practitioner will call the prescription in to
a local pharmacy. (Alternatively, women can get a prescription by
telephone from 47 Planned Parenthood clinics, according to the AP
story.)

As for the medical community, it has been aware of the existence of
emergency contraception since the 1970s. But it wasn't until the
early 1990s, when Dr. James Trussell, professor of economics and
public affairs at Princeton University, began studying emergency
contraception, that doctors truly realized the pill's potential.

"We decided that promoting emergency contraception was the single
best way to reduce the incidents of unwanted pregnancy in the U.S.,
because it involved nothing new -- the technology was already there,
it was merely a matter of educating providers and women about it,"
explains Trussell, who, a decade later, has authored a dozen studies
on the subject.

Yet even today, only 10 percent of all doctors have ever even
prescribed it. It took nearly 10 years for Trussell and his
colleagues to persuade America's cautious medical organizations to
not merely publicly endorse the use of emergency contraception, but
to promote it. But momentum is picking up: Last December, the
American Medical Association issued its first statement of support
for making emergency contraception available over the counter.

"It's virtually certain to happen," says Trussell. "The expert
medical consensus is that this drug is very safe and effective,
instructions are simple, you can't overdose on it, the woman herself
diagnoses the condition -- which is unprotected sex -- and it's
perfect to go over the counter."

In the meantime, the American College of Obstetricians and
Gynecologists (ACOG) launched an educational awareness program in
April, calling for doctors across the country to proactively issue
prescriptions to their female patients -- essentially giving away
prescriptions in advance in case of accidents, and eliminating the
need for frantic emergency trips to the doctor.

"We believe that the most effective way to utilize emergency
contraception is to have it available over the counter, but we don't
know how long it's going to be before it will happen," explains Dr.
Purdon, president of ACOG. "It's better to be proactive and have a
prescription tucked away and know what pharmacies you'll be able to
go to if and when the occasion arises."

>(Interestingly, in Washington state and several European countries,
a third alternative is already available: Women can go straight to a
pharmacist, who can prescribe and dispense emergency contraceptives,
rather than visiting a doctor. This system is also being considered
in Alaska and California.)

A major hurdle in the move toward over-the-counter adoption, however,
is the fact that the emergency contraception products Plan B and
Preven are being produced and marketed by small, independent
pharmaceutical companies (Women's Capital Corporation and Gynetics,
respectively), which lack the political clout and marketing resources
to take on the massive task. For various reasons, none of the major
pharmaceutical companies will touch emergency contraception. First,
there's an economic disincentive: Since only 2 percent of all women
aged 18-44 have ever used emergency contraception, the market is too
small for the big players in the industry. (Of course, the market is
arguably so small only because no one has marketed the product --
what Trussell describes as a "chicken and egg problem: Until people
know about it, they won't buy it.") Second, companies also have
worries about the legal liability for new contraceptive products:
Pharmaceutical giant Wyeth-Ayerst, for example, was burned by
Norplant, which was eventually pulled off the market after a series
of expensive lawsuits. Last but certainly not least, there's the
question of public controversy: Pharmaceuticals are extremely wary of
provoking the kind of controversy that has plagued RU-486, the
abortion-inducing oral drug.

And controversy is certain to follow emergency contraception, as
several recent developments show. Though Sen. Jesse Helms' attempt to
block school-based clinics from distributing the morning-after pill
did not make it to the Senate floor, observers think Helms isn't
finished.

"We do think it will come up again -- it was simply a matter of
energy. There was pressure to press the bill and Helms didn't have
the energy to keep pushing. He was too busy fighting the Boy Scout
issue," says Heather Boonstra, senior public policy associate for the
Alan Guttmacher Institute. (Helms wanted to withhold federal funds
from organizations that took action against the Boy Scouts because of
their anti-gay policies.) "We do anticipate that it will come up
again and this battle over access isn't over."

(This isn't the first time that Helms has tried to restrict access to
emergency contraception. In January, he proposed a bill to "prohibit
the provision of Federal funds to any State or local educational
agency that distributes or provides morning-after pills to
schoolchildren.")

The irony of Helms' amendment is that emergency contraception usage
among teens is hardly widespread in the first place: Of the 1,400
school-based health centers in the U.S., only a small percentage
actually dispense contraceptives on campus, and even fewer dispense
emergency contraceptives. But pro-choice activists consider the Helms
amendment to be a step closer to stricter and more widespread
restrictions on emergency contraception: As a National Family
Planning and Reproductive Health Organization press release puts
it, "If [the amendment] is enacted, anti-family planning lawmakers
are likely to renew efforts to restrict access to emergency
contraception in other federal programs, and to impose parental
consent requirements."

Behind the Helms Amendment lies the long-running debate about sex
education and teens' access to contraceptives. Do they encourage teen
promiscuity, as Helms and his supporters believe, or do they
encourage more responsible behavior and help prevent unwanted
pregnancies?

Teen pregnancy is at an all-time low, but the U.S. still has higher
rates of unintended pregnancy and abortion than any other developed
country.

However, according to recent studies, including a comprehensive
report from the National Campaign to Prevent Teen Pregnancy and a
rumored upcoming report by Surgeon General Dr. David Satcher, frank
sex-ed programs can result in teens' pushing back their first sexual
experience up to three years and making increased use of
contraceptives.

"[Conservatives like Sen. Jesse Helms] wrongly believe that impeding
access to contraception will reduce teen sexual activity," says
NARAL's Cavendish. "We think that the premise that making
contraceptives available sparks a promiscuous society is just wrong."
She adds, "Like many anti-choice advocates, he's confusing emergency
contraception with abortion."

"There are a lot of very misguided people out there with a lot of
misguided ideas; there are people who fervently believe that
emergency contraception will cause the moral decline of the
universe," says emergency contraception researcher Trussell. "In no
other country are we getting the kind of really strange reaction to
people using contraception. The goal is to prevented unwanted
pregnancy."

"We should be making emergency contraception available to both
teenage boys and girls," says Claire Brindis, a professor of
adolescent medicine at UCSF. "The mythology is that by having this
kind of method available that it will encourage teens to go out and
have sex.

"I believe kids will go out and have sex anyway. In fact, there's
evidence that proves that access to contraception doesn't increase
sexual debut. But many politicians seem to think knowledge is
dangerous."

According to Rod McKenzie, chairman of Gynetics and creator of
Preven, emergency contraception usage is growing fastest in family
planning clinics, particularly those in colleges and universities. In
these clinics, pill usage is expanding 25 to 35 percent every year,
says McKenzie, with California showing the most rapid growth, and the
city of San Diego in particular. This, perhaps, is why California has
become one of the first battlegrounds for the distribution of
emergency contraception.

In March, the board of supervisors for San Bernardino, a
traditionally conservative county outside Los Angeles, voted in favor
of eliminating access to emergency contraception in all of the
county's public health clinics. Since those clinics are funded under
the federal family planning Title X provision, the board of
supervisors submitted their request for a waiver to the California
Family Health Council in early April, a state organization charged
with overseeing the use of federal funds. In letters submitted to the
CFHC, the board of supervisors used the vague (and inaccurate)
argument that "high dose estrogen has known side effects and risks"
to support their request.

More familiar was the supervisors' argument that emergency
contraception is, in fact, a type of abortion. "There continues to be
debate in the scientific community as to whether the morning after
pill ... should appropriately be considered pregnancy prevention,
termination, or emergency contraception," the letter argued. (The
board of supervisors' office did not return my phone call seeking
comment)

The CFHC denied the San Bernardino request on June 1, so the county's
women still have access to emergency contraception at local clinics.
Although supervisor Bill Postmus, who led the charge against
emergency contraception, originally pledged to appeal the decision,
he was outvoted 3-2 last week. Margie Fites Seigle, CEO of the CFHC,
believes that the supervisors were counting on a friendly reception
with the conservative Bush administration. "I think that certainly
there was a feeling from some of the members of the board of
supervisors that there was the potential of a more friendly hearing
in Washington, should this get to that point," she says.

Will Washington move against emergency birth control? Now that the
Senate is no longer controlled by the GOP, with its powerful
religious-right faction, pro-choice activists are breathing more
easily. Some recent developments, such as a federal court ruling on
June 12 that will force some employers to provide health insurance
covering contraceptives, have also encouraged them. And as long as
the majority of the medical establishment continues to fight for
widespread option of emergency contraception, the odds are slim that
it will disappear.

But nothing regarding politics and pregnancy is ever final. And while
liberals and conservatives battle it out over sex education programs
and abstinence and whether emergency contraception really is
abortion, 1.3 million teen and adult women still troop to abortion
clinics every year.

For Purdon, head of the American College of Obstetricians and
Gynecologists, it's a practical matter. "While we certainly respect
people's right to have their own moral and philosophical views about
this, from a practical matter these numbers are real numbers and this
kind of thing is happening every year in the U.S.," he says. "For
equal rights for women, it's imperative that they have that choice."


- - - - - - - - - - - -

About the writer
Janelle Brown is a senior writer for Salon Technology.


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