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"How can the government decide what words a journal can use to describe a scientific reality? That reality needs to be named," one journal editor said.
Employees at the Centers for Disease Control and Prevention have been ordered to pull any articles under consideration for publication in medical or scientific journals so that they can be checked for certain "forbidden terms" including gender, transgender, and LGBT.
The order was sent in an email to CDC division heads on Friday by the agency's chief science officer, a federal official toldReuters on Sunday. Inside Medicine broke the news on Saturday and provided a screenshot of the full list of terms that needed to be scrubbed.
"It sounds incredible that this is compatible with the First Amendment. A constitutional right has been canceled," Dr. Alfredo Morabia, editor-in-chief of the American Journal of Public Health, told Reuters. "How can the government decide what words a journal can use to describe a scientific reality? That reality needs to be named."
"We can't just erase or ignore certain populations when it comes to preventing, treating, or researching infectious diseases such as HIV."
The order is an attempt to ensure that CDC is in compliance with U.S. President Donald Trump's executive order mandating that the U.S. government only recognize two sexes: male and female. The papers will be withdrawn so that a Trump appointee can review them.
The "forbidden terms" CDC employees are supposed to avoid are, in full: Gender, transgender, pregnant person, pregnant people, LGBT, transsexual, non-binary, nonbinary, assigned male at birth, assigned female at birth, biologically male, and biologically female, according to Inside Medicine.
The order covers both papers under consideration and those accepted but not published. According to Reuters, if a CDC employee worked on a paper with nongovernmental scientists but did not initiate it, they have been asked to remove their names.
The new order is separate from a demand two days into the administration that government health agencies including CDC freeze all communications with the public. It follows reports on Friday that CDC webpages and datasets involving HIV, the LGBTQ community, youth health, and other topics were no longer accessible as the agency attempts to comply with the Trump executive order on transgender identity and another on banning government Diversity, Equity, and Inclusion initiatives.
"It is Orwellian, it really is," Steven Woolf, director emeritus and senior adviser at Virginia Commonwealth University's Center on Society and Health,
In response to the purges, scientists, science journalists, and public health advocates have worked to preserve the datasets, with everything on the CDC website as of January 27, 2024 preserved at ACASignups.net and downloaded data sets also available on Jessica Valenti's Substack Abortion, Every Day.
"Censoring data on ideological grounds is wrong. It is unscientific, and it is designed to eliminate opposition and erase dissidents," virologist Angela Rasmussen, who was involved with the data preservation efforts, wrote on social media.
The journal article retraction order has created uncertainty and confusion at the agency, Inside Medicine reported:
How many manuscripts are affected is unclear, but it could be many. Most manuscripts include simple demographic information about the populations or patients studied, which typically includes gender (and which is frequently used interchangeably with sex). That means just about any major study would fall under the censorship regime of the new policy, including studies on Covid-19, cancer, heart disease, or anything else, let alone anything that the administration considers to be "woke ideology."
Meanwhile, chaos and fear are already guiding decisions. While the policy is only meant to apply to work that might be seen as conflicting with President Trump's executive orders, CDC experts don’t know how to interpret that. Do papers that describe disparities in health outcomes fall into "woke ideology" or not? Nobody knows, and everyone is scared that they'll be fired. This is leading to what Germans call "vorauseilender Gehorsam," or "preemptive obedience," as one non-CDC scientist commented.
There are also concerns that censoring such a broad list of terms would have unintended consequences for public health.
"We can't just erase or ignore certain populations when it comes to preventing, treating, or researching infectious diseases such as HIV. I certainly hope this is not the intent of these orders," Carl Schmid, the executive director of the HIV+ Hepatitis Policy Institute, told Reuters.
"They are going to try to sneak in that fetal personhood language anywhere they can, anywhere and everywhere," said advocate and author Jessica Valenti.
U.S. President Donald Trump and Vice President JD Vance have insisted that the White House would not sign a nationwide abortion ban—despite the latter's expression of support for one as recently as 2022—but an unrelated executive order Trump signed this week may put the country on the path to outlawing abortion care without the president needing to sign any legislation into law.
Reproductive rights advocates including author Jessica Valenti noticed shortly after Trump signed an executive order stating the government will not recognize transgender people that the document included language that was unmistakably linked to the right-wing push for "fetal personhood" laws.
"'Female' means a person belonging, at conception, to the sex that produces the large reproductive cell," reads the executive order signed on Monday. "'Male' means a person belonging, at conception, to the sex that produces the small reproductive cell."
Aside from the fact that the order suggests the Trump administration will recognize everyone born in the United States as a female—because in the first weeks after conception, explained one 2001 scientific paper, "fetal genitalia are the same and are phenotypically female"—the document claims that a fetus is a "person" from the moment of conception.
"And so it begins," said Valenti after the executive order was issued. "They are going to try to sneak in that fetal personhood language anywhere they can, anywhere and everywhere."
The order's language is in line with the Republican Party's 2024 platform, which did not call for a nationwide abortion ban but expressed support for states that would establish fetal personhood by extending the protections of the 14th Amendment, which guarantees that "no person can be denied life or liberty without due process," to fetuses.
The Texas Republican Party last year asserted in its platform that "abortion is not healthcare, it is homicide," and said the party would push to extend "equal protection of the laws to all preborn children from the moment of fertilization."
Rights advocates have warned that adoption of the fetal personhood doctrine at the national level could ultimately lead to the prosecution of pregnant people who obtain abortion care—something anti-abortion groups have long claimed they wouldn't support.
When the national GOP platform was released last August, Slate journalist Mark Joseph Stern said its language suggested that "the GOP has recognized that this task is too unpopular to enact democratically, so they're outsourcing it to the federal courts."
"Fetal personhood means a nationwide abortion ban imposed by judicial fiat," said Stern.
Anti-abortion advocates aim to ultimately bring fetal personhood to the U.S. Supreme Court, hoping the right-wing majority would rule that the 14th Amendment applies to fetuses from the moment of conception.
Including a reference to fetal personhood in an unrelated executive order is "an intentional way to continue to normalize the idea that embryos are people," Dana Sussman, senior vice president of Pregnancy Justice, told The Guardian.
"This is yet another attempt to codify it in one form or another," said Sussman.
"Forcing a woman to carry an unwanted, not-yet-viable fetus to term violates her constitutional rights to liberty and privacy," Fulton County Judge Robert McBurney wrote in his decision.
Reproductive rights defenders cheered Monday's ruling by a Georgia judge striking down the state's six-week abortion ban as a violation of "a woman's right to control what happens to and within her body," a decision that means the medical procedure will be legal up to approximately 22 weeks of pregnancy.
Fulton County Judge Robert McBurney excoriated the LIFE Act, which was signed into law in 2019 by Republican Georgia Gov. Brian Kemp and prohibits abortion care after fetal cardiac activity can be detected. The so-called "fetal heartbeat" law—a medically misleading term—is applicable before many people even know they're pregnant.
Other states including Kentucky, Mississippi, and Ohio passed similar "heartbeat" laws in anticipation of the U.S. Supreme Court's reversal of Roe v. Wade, which occurred in 2022 when the tribunal's right-wing supermajority issued its Dobbs v. Jackson Women's Health Organization decision.
"Women are not some piece of collectively owned community property the disposition of which is decided by majority vote," McBurney wrote in his ruling. "Forcing a woman to carry an unwanted, not-yet-viable fetus to term violates her constitutional rights to liberty and privacy, even taking into consideration whatever bundle of rights the not-yet-viable fetus may have."
"It is not for a legislator, a judge, or a Commander from The Handmaid's Tale to tell these women what to do with their bodies during this period when the fetus cannot survive outside the womb any more so than society could—or should—force them to serve as a human tissue bank or to give up a kidney for the benefit of another," the judge said.
"It is generally men who promote and defend laws like the LIFE Act, the effect of which is to require only women—and, given the socio-economic and demographic evidence presented at trial, primarily poor women, which means in Georgia primarily Black and brown women—to engage in compulsory labor, i.e., the carrying of a pregnancy to term at the government's behest," McBurney added.
As Jessica Valenti noted on her Abortion, Every Day Substack, "the ruling comes just weeks after ProPublica's investigation into the deaths of two women killed by Georgia's abortion ban, Amber Nicole Thurman and Candi Miller.
As NBC Newsreported Monday:
The case stemmed from a lawsuit filed by SisterSong Women of Color Reproductive Justice Collective and other plaintiffs in 2019 soon after Kemp signed it into law. As it faced the legal challenge, in 2022, McBurney ruled that year that the law violated the U.S. Constitution in 2022 and struck it down. The Georgia Supreme Court, however, soon took up the case and allowed it to remain in effect. The case was sent back to McBurney, who found the law in violation of the state's constitution.
SisterSong Women of Color Reproductive Justice Collective executive director Monica Simpson said in a statement that Monday's ruling is "a significant step in the right direction towards achieving reproductive justice in Georgia."
"We are encouraged that a Georgia court has ruled for bodily autonomy," Simpson continued. "At the same time, we can't forget that every day the ban has been in place has been a day too long—and we have felt the dire consequences with the devastating and preventable deaths of Amber Nicole Thurman and Candi Miller."
"For years, Black women have sounded the alarm that abortion bans are deadly," she noted. "While true justice would mean Amber and Candi were still with us today, we will continue to demand accountability to ensure that their lives—and the lives of others who we have yet to learn of—were not lost in vain."
"We know that the fight continues as anti-abortion white supremacists will stop at nothing to control our bodies and attack our liberation," Simpson added. "We are ready for them and will never back down until we achieve reproductive justice: the human right to maintain personal bodily autonomy, the human right to have children, or not, and raise them in safe and sustainable communities."
Alice Wang, staff attorney at the Center for Reproductive Rights, said that McBurney "has rightfully struck down Georgia's six-week abortion ban as a flagrant violation of Georgia's longstanding and robust right to privacy, restoring access to abortion at a time when too many have been prevented from accessing this critical health care and from deciding what is best for their bodies, health, and family lives."
"For too long, the ban has caused a public health crisis, as evidenced by the testimony plaintiffs presented at trial and devastating stories recently reported about the preventable deaths of Candi Miller and Amber Nicole Thurman," she continued. "Today's ruling is a step toward ensuring that people can access and clinicians can provide critical healthcare without fear of criminalization or stigma."
"This victory demonstrates that when courts faithfully apply constitutional protections for bodily autonomy, laws that restrict access to abortion and force people to continue pregnancies against their will cannot stand," Wang added.
Since the Dobbs ruling, 13 states have passed abortion bans with limited exceptions and 28 states have prohibited the procedure based on gestational duration, according to the Guttmacher Institute.
However, there has been tremendous nationwide pushback against abortion bans, with voters opting to uphold reproductive rights every time the issue appears on state ballots—including in conservative Kansas, Kentucky, Montana, and Ohio.
As many as 10 states could have abortion rights measures on the ballot in this November's election, which at the top of the ticket pits reproductive freedom champion and Democratic Vice President Kamala Harris against former Republican President Donald Trump, who has boasted about appointing three right-wing Supreme Court justices who voted to overturn Roe and who critics fear would sign a national abortion ban if one were passed by Congress.
Trump also said he would allow states to monitor people's pregnancies and prosecute anyone who violates an abortion ban.
Kemp's office slammed McBurney's ruling.
"Once again, the will of Georgians and their representatives have been overruled by the personal beliefs of one judge," Garrison Douglas, a spokesperson for the governor, said in a statement. "Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities, and Georgia will continue to be a place where we fight for the lives of the unborn."
Republican Georgia Attorney General Chris Carr is expected to appeal to the state Supreme Court to block Monday's ruling.
"We are prepared to continue fighting this case regardless," the Center for Reproductive Rights vowed on social media, "and we will NOT back down from this fight."