The atrocity of abortion bans
By Coligny Dana ‘22
Journalist’s note: I will use the terms “women” and “people with uteruses” throughout this article for clarity.
Content Warning: mentions of rape and incest
Image by Hazel Walrod ‘22
At least 561 abortion restrictions were introduced to the United States as of June 2021 and, of these, 97 were enacted into law. This adds to a long continuation of male senators slapping bans on women’s rights.
More specifically, Republican senators have actively stripped female autonomy across the nation by prohibiting proper access to healthcare.
Texas Governor Greg Abbott signed a law in May 2021, which went into action in September 2021, that prohibits individuals from receiving abortions six weeks after conception, without the exception of rape or incest. Most don’t know they are pregnant by this time.
Additionally, the law permits people to sue anyone who assists someone in abortion care.
While the law harms all people with uteruses, marginalized communities are disproportionately affected by the regulations. The misconception that abortions are a choice for all women is dangerous; some women don’t get to choose because of a lack of resources to care for a child.
The Supreme Court listened to oral arguments on Senate Bill 8 (SB8) on November 1 and deliberations were expected to come on Monday, November 22. However, a ruling on the Texas heartbeat law has yet to be published, leaving people across Texas without proper healthcare.
An additional case, Dobbs v. Jackson, was sent to the Supreme Court. The case challenges a 2018 law, the Gestational Age Act, which prohibits women from having abortions after the 15-week mark.
On Wednesday, December 1, the Supreme Court finished deliberations on Dobbs v. Jackson; the majority of the Conservative Justices expressed they will vote in favor of Mississippi’s 15-week abortion ban.
In an interview through email with Patrick Walsh, a social studies teacher at Catlin Gabel School (CGS), he noted that abortion rights became political in the 1970s.
“The response to Roe v. Wade in 1973 made abortion a political issue instead of a moral, religious, feminist, or medical issue.”
Walsh wrote about Jerry Falwell, an American pastor and Conservative, who started an anti-abortion organization around the time of Roe v. Wade. The organization became closely tied to the Republican party in the 1980s.
“It’s worth noting that this is only a Republican strategy,” Walsh said. “Democratic politicians don’t talk much about abortion because it isn’t something that makes many Democratic voters feel energized.”
Former President Donald Trump appointed two Supreme Court justices while in office: Brett Kavanaugh and Amy Coney Barrett. Walsh commented on Coney Barrett’s approval.
“What has happened is that once Amy Coney Barrett, who has shown hostility to Roe, joined the Court in October 2020, it was time for opponents to abortion to file lawsuits with the goal of getting them before the Supreme Court (Barrett was chosen to replace Ginsburg because she was pro-life and a woman). And that’s what they did.”
Coney Barrett hasn’t specifically taken a stance on abortions, however, during Supreme Court deliberations on December 1, she emphasized the option of adoption and safe haven laws.
An article from CNN wrote, “Justice Amy Coney Barrett returned to a theme she has asked repeatedly about during today's hearing, asking how the growing availability of adoption.”
In 2016, Coney Barrett anticipated how the courts would deal with Roe v. Wade.
“I don’t think abortion or the right to abortion would change. I think some of the restrictions would change.”
Bianca Nakayama, a CGS science teacher, answered a few questions about the recent abortion laws. Through an email thread, Nakayama shared her connection to the bans.
“I want to emphasize that these are my personal opinions and my answers do not represent the opinions of Catlin Gabel School,” Nakayama stated in the email.
Oregon is one of many states that reserves the right to proper abortions. Nakayama shared that although the bans don’t affect her state, it feels like a direct attack on her rights.
“As a person with a uterus who is still of reproductive age, it certainly does feel personal, as I value having autonomy over my body.”
Nakayama emphasized the disparity of abortion care and access among marginalized groups. She also included a handful of resources in her email.
A study on racial and ethnic disparities in maternal death found that “Black, American Indian, and Alaska Native (AI/AN) women are two to three times more likely to die from pregnancy-related causes than white women.”
“Pregnant people of color, especially Black women, are more likely to experience maternal
mortality (death as a result of pregnancy),” Nakayama wrote.
Black and Native American women fall victim to institutional racism and discrimination in healthcare. Due to income inequality, many women of color have Medicaid, however, the Hyde Amendment prohibits funding for abortions through Medicaid.
Nakayama emphasized, “Abortion access is similarly inequitable: many communities lack any facilities that perform abortions, and only individuals with access to resources (money, transportation) can seek out abortions -- sometimes having to cross county, state, or even national borders to do so.”
Asian Americans and Pacific Islanders also face discrimination that affects their opportunities for safe abortion care. The idea that Asian Americans and Pacific Islanders have abortions if their child is not male is dangerous to the community and perpetuates harmful stereotypes.
While women across the nation await the final vote on Dobbs V. Jackson, Supreme Court Justices will discuss their decisions and share their votes. With a majority Conservative Court of six to three, fear of overturning Roe v. Wade appears imminent.