We Have Fundamental Rights
As a note before further reading this article:
Abortion is a very personal and vulnerable topic… extend grace to yourself.
The language will attempt to be inclusive and not marginalize anyone who does not identify as a cisgender heterosexual woman.
Abortions are real and necessary.
While this is a very personal topic and opinions can be formed or changed by upbringing, cultural environment, or personal belief, it is imperative to understand that there is, at minimum, a discussion that needs to be had. This article will attempt to outline the repercussions of the criminalization of abortions. Abortions occurred before legalization and they will certainly continue to occur if Roe v. Wade is overturned. I aim to not only give factual information but also to comment on the possible implications this criminalization may have on an individual’s autonomy and agency over their body.
Roe v. Wade—passed January 23rd, 1973—affirms a person’s right to choose to have an abortion under the Fourteenth Amendment. The case passed with a seven to two margin and altered the lives of many individuals, increasing the safety with which procedures were performed. It also granted a twenty-four to twenty-eight-week window to receive an abortion. This case was monumental and indicated that the government was allowing for more autonomy and bodily agency.
Making it difficult for individuals to obtain an abortion is counterproductive and causes dangerous, potentially life-threatening situations. Backdoor procedures are likely to be unsafe and have a higher chance of harming the person who is seeking one. With Alabama’s newly passed bill criminalizing abortion at nearly every stage, Roe v. Wade becomes inapplicable.
Once the Alabama bill, and several others that have been passed across the nation, go into effect, most people seeking abortions might not know that they need one in time, as most pregnancies are usually detected anywhere between two to four weeks after a missed period (American Pregnancy). Think about it: a period occurs every four weeks. Banning procedures two to four weeks after a person’s first missed period (which is six to eight weeks total) grants a very small window for an individual to act and make an informed decision. Not everyone will have access to birth control; not everyone has access to Plan B or pregnancy tests. These cost-sensitive items change how individuals act in terms of bodily autonomy when concerning their reproductive freedom.
While Kay Ivey was the representative to sign the Alabama bill into legislation, there are other governors signing similar bills or laws into effect. Phil Bryant of Mississippi, Mike Dewine of Ohio, and Brian Kemp of Georgia all signed the “heartbeat bill” into effect this past year. The Civil Liberties Union and the ACLU of Georgia have challenged Georgia’s state decision, pushing for a court hearing to temporarily block the law from going into effect on July 11th. The heartbeat bill, which entails that abortions are no longer a viable option for someone after detecting an embryotic or fetal heartbeat, greatly diminishes the opportunities a person has to receive the kind of care they seek. Obstetricians have even stated that governors advocating for such laws are focusing on the language used in the bill rather than the actual physiological work occurring in the body: the “heartbeat” detected is more likely to be “an electrical pulse in a group of cells the size of a pencil tip” (New York Times).
Several states signed different bills or laws which also decrease the amount of time that an abortion is available. Asa Hutchinson of Arkansas signed a bill which would prohibit abortions after eighteen weeks while Missouri’s Mike Parson signed a law which prohibits abortion after eight weeks. These shifts alter the impact that Roe v. Wade has on the mass public. While Parson’s law is much more restrictive than Hutchinson’s, both representatives are increasing the risk that individuals will take drastic, and possibly unsafe, measures to receive the care they desire. Creating mandates and restrictions ultimately will not have much effect on the frequency of abortions. However, the safety with which these procedures are performed will be affected if abortions cannot be performed in recognized, legitimate settings. The risk of procedures going awry will skyrocket since unsafe medical practice can be fatal. An unwanted pregnancy is an unwanted pregnancy. It is an individual’s choice to do what they want with their body. No one should be able to tell them what to do besides themselves.
Overwhelmingly, these laws are not being met with passivity. Providers of sexual and reproductive health, who are targeted by Republican lawmakers, are challenging legislation put in place. Through court cases, peaceful protests, or spreading awareness, these providers are asking the public to acknowledge the importance of reproductive freedom. States with more lenient abortion policies that abide by Roe v. Wade, such as California, New York, or Minnesota, indicate that this trend of restrictive policies is not occurring across the entire country. For example, Maine is equipping reproductive health providers by expanding the number of professionals who can perform abortions. The vote passed in the House of Representatives by a margin of almost thirty votes. New York recently passed a law in January to allow some late term abortions, indicating that if a fetus is past the twenty-four week mark, the individual who receives an abortion will not be prosecuted. Vermont, whose state constitution did not originally guarantee everyone the right to abortion, adjusted its laws to become more accessible and accommodating. On the West Coast, Nevada also passed a bill stating that doctors have the responsibility to discuss the emotional implications of an abortion, including trauma and depression. These demands give abortion recipients more information rather than determining whether or not they are able to have the procedure. Information and restriction greatly differ.
I will admit that it is hard for me to write this article and be partisan. As a woman, this topic concerns my body and my wellbeing. If I ever find myself in a situation where I might need to exercise my reproductive freedom, it is terrifying to think that option might not be available to me. Abortion is important to talk about because while sex education functions as a preventative measure against pregnancy, it is more important to have systems in place which empower individuals to make choices for themselves. Abortions are a privilege for some and a gift for others, but based on Constitutional rights, they should currently be, and remain, available to all.
By Anna Billy
Music snob, over-protective mom-friend, and avocado toast connoisseur.