Keith Mack
Abortion laws have been a topic of contention in the United States for decades, with the Supreme Court's recent overturning of Roe v. Wade in 2022 eliminating the federal constitutional right to abortion. This decision has resulted in a rapid shift in abortion policies across the country, with states now having the power to determine the legality of abortion. While some states have moved to restrict or ban abortion, others have taken steps to protect abortion rights. In this context, abortion abolitionist movements have emerged, advocating for changing laws to grant personhood to embryos, which would make abortion an act of homicide. These contrasting approaches to abortion legislation highlight the ongoing debate surrounding abortion access and women's reproductive rights in the United States.
| Characteristics | Values |
|---|---|
| Current status of abortion laws in the US | Abortion is currently banned in 14 states, with 6 states having early gestational limits between 6 and 15 weeks. |
| Exceptions to abortion bans | Exceptions generally include cases to prevent the death or risk to the health of the pregnant person, pregnancies resulting from rape or incest, and lethal fetal anomalies. |
| Impact of state-level abortion bans | Increased travel burdens, financial costs, and emotional tolls on individuals seeking abortions, particularly affecting those with fewer resources, patients of color, young patients, and LGBTQ+ individuals. |
| Legal considerations for physicians | Criminal and professional penalties, potential for medical malpractice lawsuits, and prosecution for violation of abortion bans. |
| Political considerations | Employers offering to cover travel expenses for employees needing out-of-state abortions; policy changes by the Trump administration and conservative think tanks. |
| Abortion abolitionist movement | Seeking to change the law to grant personhood to embryos, making their destruction punishable by death in some states. |
| State-level policy changes | Some states have amended their constitutions to remove abortion rights, while others have approved laws to protect abortion rights and offer legal protections for providers. |
| Voter initiatives | Voters in California, Michigan, Vermont, and Kansas have supported abortion rights and access, while voters in other states have approved changes to exclude protections for abortion. |
| Gestational age bans | Since the Dobbs decision, states have implemented bans starting at different points in pregnancy, ranging from 6 weeks to 20 weeks. |
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What You'll Learn
The impact of the overturning of Roe v. Wade
The overturning of Roe v. Wade has resulted in increased uncertainty for medical care providers, who now face challenges in ensuring they are not prosecuted for the care they provide. The banning of abortions has also negatively impacted the care that pregnant people who are experiencing life-threatening risks or miscarriages are receiving.
The decision to overturn Roe v. Wade has been criticised for taking away women's autonomy to make decisions over their bodies, with Justice Samuel Alito's opinion stating that "they need not even have an exception for incest or rape". This has led to concerns about the state's surveillance of women's bodies and access to reproductive services, with people reporting warnings about using social media and apps for these services.
The impact of the decision extends beyond the United States, with potential cascading effects globally, particularly in humanitarian and emergency settings. The overturning of Roe v. Wade has also had repercussions for women across systems, including the political, legal, and healthcare systems.
Overall, the overturning of Roe v. Wade has had significant and wide-ranging impacts, particularly on vulnerable groups in the US, and has led to increased restrictions on abortion access and reproductive rights.
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Criminalising abortion providers
The criminalisation of abortion providers can take various forms, including legal sanctions, medical malpractice lawsuits, and criminal charges such as manslaughter or murder. In some jurisdictions, abortion providers may face arrest, investigation, and prosecution, even when the law is not actively applied. This has a "'chilling effect," deterring healthcare professionals from providing abortion services due to fear of criminal liability. As a result, abortion seekers may be delayed or denied access to safe and legal abortions, which can lead to an increase in unsafe and unregulated abortion practices.
The impact of criminalising abortion providers extends beyond legal consequences. It can create a stigma associated with providing abortions, leading to providers being ostracised or facing professional repercussions. Furthermore, criminalisation can hinder the availability of essential medicines, obstruct the provision of abortion information, and impede training for abortion provision. These factors collectively contribute to poor-quality healthcare and negative health outcomes for those seeking abortions.
The argument for criminalising abortion providers is often rooted in religious or moral beliefs. For instance, abortion abolitionists view abortion as murder and seek to grant personhood to embryos, making their destruction punishable by law. However, critics argue that abortion criminalisation infringes on human rights, including the right to privacy, reproductive autonomy, and health. Public health research and human rights bodies have emphasised the risks associated with criminalising abortion services and have advocated for full decriminalisation.
The effectiveness of criminalising abortion providers as a means to change abortion laws is questionable. While it may deter some healthcare professionals from providing abortion services, it does not necessarily prevent abortions from taking place. Instead, it pushes abortion practices underground, making them unsafe and inaccessible. Ultimately, criminalisation can have detrimental consequences for the health and well-being of abortion seekers and providers alike.
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Criminalising women seeking abortions
Criminalising abortion does not stop abortions from happening, but it does make them less safe. Outlawing abortion pushes providers and patients into the shadows. It makes a safe healthcare practice dangerous and illegal. It also makes people, especially those from marginalised communities, resort to unsafe, clandestine abortions. Unsafe abortions are the third leading cause of preventable maternal deaths worldwide, and they cause about five million preventable disabilities, according to the World Health Organization.
The criminalisation of abortion is a tool used by the anti-abortion movement to prevent abortions from occurring. It is one of several strategies endorsed by the movement and adopted by states attempting to enforce abortion bans. Abortion abolitionists want to see the procedure eradicated and support changing the law to grant personhood to embryos, making their destruction an act of homicide. Many prominent anti-abortion groups have long been uncomfortable with the idea of criminalising patients, instead emphasising restrictions to access or criminalising providers.
In the United States, abortion is currently banned in 14 states, and 6 states have early gestational limits between 6 and 15 weeks. Nearly all of these bans include exceptions, which generally fall into four categories: to prevent the death of the pregnant person, when there is a risk to the pregnant person's health, when the pregnancy is the result of rape or incest, and when there is a lethal foetal anomaly. However, ten of the 21 states with abortion bans or gestational limits do not have an exception for pregnancies resulting from sexual assault. In the 11 states with rape and incest exceptions, the fine print makes access to abortion care unattainable for pregnant survivors of sexual assault. Law enforcement reporting requirements, early pregnancy gestational limits, and the lack of provider availability present major barriers to abortion access, even when the state has an exception.
Criminalising abortion has a "chilling effect", which deters providers from applying restrictions beyond what is required by law due to fear of criminal liability. It also deters women, girls and pregnant people from seeking post-abortion care for complications due to unsafe abortion or other pregnancy-related complications. Evidence from three studies suggests that criminalisation contributes to abortion delay. Healthcare professionals may delay provision when women are experiencing complications to be sure that they 'qualify' under limited exceptions to criminal offences. One study also demonstrates that criminalisation complicates the care pathway by forcing women to travel out of the country or rely on telemedicine services. While delay in accessing abortion does not constitute a human rights violation, delays associated with criminalisation may engage states' obligations to take steps to reduce maternal mortality.
Human rights bodies have made it clear that women should not be criminalised for accessing abortion. Criminalisation can result in women who have abortions coming into contact with the criminal justice system, and evidence from three studies shows that criminal justice procedures are initiated against women who seek abortions. Two further studies show that women who have abortions fear criminal justice repercussions.
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The role of state laws in abortion access
State laws have played a significant role in determining abortion access in the United States, particularly after the Supreme Court overturned Roe v. Wade in June 2022. This ruling eliminated the federal constitutional right to abortion, giving states the power to restrict or prohibit abortion altogether.
Following the overturning of Roe v. Wade, state laws have fallen into several categories regarding abortion access. In "Expanded Access" states, the right to abortion is protected by state statutes or constitutions, and additional laws enhance access to abortion care. These laws include public funding, the requirement that abortion be included in private insurance coverage, unrestricted access for young people, and protections for clinic safety.
In "Protected" states, abortion is legal but with some limitations on access. On the other hand, "Not Protected" states lack legal protections for abortion, and it is unclear whether they will enact bans. "Hostile" states have expressed a desire to prohibit abortion entirely and are vulnerable to the revival of old bans or the creation of new ones.
The impact of state laws is evident in the division of the country into "abortion deserts" and "abortion havens." In abortion deserts, mainly in the South and Midwest, abortion is illegal, forcing individuals to travel for legal care, which many cannot afford. In contrast, abortion havens continue to provide care, often with enhanced access measures in place.
State laws also vary in their approach to abortion pills, with some states seeking to restrict access to them. Additionally, states differ in their gestational duration limits, with some defining it as the number of weeks since the last menstrual period, while others count from conception.
The "abortion abolitionist" movement seeks to criminalize abortion by granting personhood to embryos, making their destruction punishable by law. While these bills are considered unlikely to succeed, they contribute to the ongoing debate surrounding abortion laws and access in the United States.
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The effect of abortion laws on marginalised communities
The impact of abortion laws on marginalised communities has been a significant concern since the US Supreme Court overturned Roe v. Wade in June 2022. The ruling ended the federal constitutional right to abortion, triggering new and existing restrictions in many states. These laws have disproportionately affected Black, Latino, Indigenous, and other communities of colour, exacerbating existing racial and socioeconomic inequalities.
Marginalised communities, particularly those in the Southern United States, have been disproportionately impacted by abortion bans and restrictions. These communities are more likely to face poverty and deal with the consequences of systemic racism. The lack of access to safe and legal abortion services further compounds these disadvantages. For those seeking abortions, the financial burden of travelling to states where it is still legal can be prohibitive, and the increased likelihood of being uninsured or lacking adequate employer-based coverage adds to the challenges.
The impact of abortion laws on the health and well-being of marginalised communities is significant. Restricted access to abortion is associated with negative health consequences for pregnant people, including increased rates of preterm births, infant mortality, and maternal mortality. Black women in the US are three times more likely to die from pregnancy-related complications than white women. Abortion laws can also lead to delayed, denied, or foregone care for necessary medical services beyond abortion, further impacting the health and life chances of marginalised individuals.
Additionally, abortion laws disproportionately affect survivors of sexual violence in marginalised communities. While some states allow legal exceptions for abortions in cases of rape or incest, these exceptions are often difficult to access due to requirements such as filing a police report. Marginalised communities, including BIPOC and individuals with diverse gender identities and sexual orientations, have lower rates of reporting sexual violence. As a result, these communities may effectively be barred from accessing abortion care, increasing the risk of being forced to continue an unwanted pregnancy.
To mitigate the impact of abortion laws on marginalised communities, various measures have been proposed. These include funding medical facilities providing abortion care in areas with significant minority and marginalised populations and adopting federal laws prohibiting the criminalisation of interstate travel for medical care. Addressing racial and ethnic discrimination in healthcare, prioritising the participation and leadership of BIPOC individuals in decision-making processes, and ensuring access to comprehensive reproductive healthcare and education are also crucial steps to reducing the impact of abortion laws on these communities.
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Frequently asked questions
Roe v. Wade is the U.S. Supreme Court case that legalized abortion in the United States in 1973.
On June 24, 2022, the Supreme Court overturned Roe v. Wade, ending the federal constitutional right to abortion in the United States.
Abortion is currently banned in 14 states, with 6 states having early gestational limits between 6 and 15 weeks. In the first few months after Roe was overturned, 18 states banned or severely restricted abortion.
Abortion laws can be changed through legislative action at the state or federal level. At the state level, this can involve amending state constitutions or passing state laws. At the federal level, this can involve passing federal laws or a constitutional amendment. Additionally, public advocacy and voting can influence abortion laws.
