The Inevitable Fall Of Abortion Laws: A Legal Perspective

The abortion debate in the United States has been a highly contested issue, with the Supreme Court's decision to overturn Roe v. Wade in 2022 drastically reshaping the legal landscape. The ruling in Dobbs v. Jackson Women's Health Organization ended the constitutional right to abortion, empowering states to implement their own abortion laws. This has resulted in a fragmented and inconsistent legal framework, with some states enacting near-total bans, while others are safeguarding abortion rights. The impact of these varying laws has been significant, with millions of people being denied bodily autonomy and critical healthcare access. The Supreme Court's decision has sparked widespread backlash, with citizens in several states voting for ballot measures to protect reproductive rights, and the topic of abortion is set to play a pivotal role in the upcoming presidential election.

The criminalisation of abortion

Abortion is a medical procedure that ends a pregnancy and is considered basic healthcare for millions of women, girls, and people who can get pregnant. It is estimated that one in four pregnancies ends in abortion every year.

In some countries, such as the United States, Sierra Leone, Poland, and Morocco, abortion is criminalised, and those who seek or provide abortions can face penalties, including life imprisonment in some cases. These laws vary between countries, and some allow abortions in specific circumstances, such as when the pregnancy is the result of rape or incest, or if there is a severe and fatal injury to the foetus. However, these narrow exceptions still prevent most people from fully exercising their reproductive rights.

The decriminalisation of abortion is a necessary step towards ensuring safe and accessible abortion services. It involves removing abortion from penal and criminal laws and ensuring that there are no criminal penalties for those who seek, provide, or assist with abortions. Decriminalisation is not the end goal, however, as further legal and regulatory changes may be needed to ensure the availability, accessibility, and quality of abortion services.

The social stigma of abortion

Abortion stigma is a set of attitudes and beliefs, conscious or unconscious, that abortion is "bad, shameful, or wrong". It creates discomfort around the topic, which contributes to misinformation and a lack of knowledge. This stigma is weaponised to create barriers to abortion, such as laws that restrict access, institutions that limit knowledge, and media that perpetuates misleading representations.

Abortion stigma is about the "transgression of a gendered norm", which refers to the social expectations imposed on women, people assigned female at birth, and people with feminine gender expressions. These norms include the expectation of sexual purity, or sexuality reserved for reproduction, and the expectation of motherhood and nurturing. Having an abortion shows that someone had sex and did not become a parent. Abortion marks their rejection of specific gendered norms about sex, gender, and parenting.

Anti-abortion messages contribute to abortion stigma, and it is common for even supporters of abortion to feel uncomfortable or uncertain about when, why, and at what point in pregnancy it is okay to have an abortion. This discomfort is internalised abortion stigma.

Abortion stigma has important implications for quality in abortion care. It can lead to poor treatment of those seeking abortions, with providers framing abortion as "bad, harmful, or sinful". This poor treatment can lead people to resort to clandestine or unsafe abortions. Abortion stigma can also lead to gatekeeping, with providers acting as gatekeepers to abortion care, and obstructing access.

Abortion stigma also leads to secrecy, with people seeking abortions avoiding disclosure of their desired abortions with their regular providers, especially when they share community networks, for fear of disrupting their relationships.

Abortion stigma is a powerful force that creates barriers to abortion access and negatively impacts the quality of abortion care. It is important to address the deeply rooted social, cultural, and economic barriers that make it more difficult for people to exercise their reproductive rights.

The impact of abortion laws on healthcare providers

In terms of the specific impacts on healthcare providers, abortion laws can increase their workload and stress levels, particularly when they are required to provide mandated counselling or refer patients to other providers. Abortion laws can also affect the sustainability of staffing and increase logistical and financial costs for healthcare providers and their organisations.

Furthermore, abortion laws can have wider effects on the healthcare system as a whole. For instance, in the wake of the Dobbs decision, there have been reports of pharmacists refusing to fill medications associated with abortion, even when they are used to treat chronic diseases. This has had debilitating consequences for patients with conditions such as autoimmune disorders and cancer.

Overall, the impact of abortion laws on healthcare providers is multifaceted and extensive. Healthcare providers are faced with navigating complex legal and ethical landscapes, often at the expense of their own well-being and the well-being of their patients.

The role of tech giants in removing information about abortion

Tech giants like Meta, TikTok, Facebook, Instagram, and Google have been accused of removing information about abortion, preventing people from accessing life-saving information. These platforms have been removing organic posts and rejecting ads from abortion rights groups and organisations that provide educational resources about abortion pills. For example, in November, a post with information about effective abortion pills was taken down from Facebook for "not following the community guidelines". Similarly, Plan C, an organisation that provides educational resources about abortion pills, was cut off from Instagram for several days in August 2024, when Texas passed a strict abortion ban.

Tech giants have also been criticised for allowing anti-abortion groups to spread misinformation about abortion care on their platforms. Facebook, for instance, showed ads about abortion "reversal" methods to users up to 18.4 million times between January and September 2024. Google had placed ads about "reversal" methods on 83% of searches for abortions, according to a report from the Center for Countering Digital Hate (CCDH).

However, it is important to note that some tech companies have taken steps to protect users' privacy and data related to abortion. For instance, Google announced in July 2022 that it would automatically delete location-tracking records of visits to abortion clinics and make it easier to delete period logs from its Fitbit app. Apple also builds privacy protections into its products and is particularly careful with software and devices that relate to healthcare.

The impact of abortion laws on marginalised communities

Abortion laws have a disproportionate impact on marginalised communities, who often face multiple and intersecting forms of discrimination. Marginalised groups, including people of colour, low-income people, and members of the LGBTQI+ community, are already disadvantaged in terms of healthcare access. Restrictive abortion laws further compound these disadvantages, creating a cycle of reproductive injustice.

Healthcare Access

Marginalised communities, particularly people of colour and low-income individuals, often face barriers in accessing healthcare services. These barriers are exacerbated by abortion restrictions, as people may need to travel long distances to obtain a legal abortion or seek unsafe alternatives. For example, in the United States, more than half of the states with trigger laws, which severely restrict abortion access, are in the South, where there are higher rates of poverty and racial inequality.

Financial Implications

The financial burden of accessing abortion services falls disproportionately on marginalised communities. The cost of travelling to another state or country, taking time off work, and paying for the procedure itself can be prohibitive for low-income individuals. This is especially true for people of colour, who are more likely to experience poverty and face higher costs due to racial disparities in wealth.

Health Risks

Restricting access to safe and legal abortions endangers the lives of pregnant people, particularly those from marginalised communities. Abortion bans lead to an increase in unsafe abortions, which can have fatal consequences, including maternal deaths and disabilities. Marginalised individuals, who may lack access to quality healthcare, are more likely to resort to unsafe abortion methods, putting their health and lives at risk.

Social Stigma

Marginalised communities, such as the LGBTQI+ community, may face additional social stigma and discrimination when seeking abortions. Social stigma, religious influences, and criminalisation of abortion create barriers for people trying to access abortion services. This stigma can lead to isolation, shame, and further marginalisation, exacerbating existing inequalities.

Systemic Inequalities

Abortion restrictions contribute to systemic inequalities by limiting the reproductive autonomy of marginalised communities. By denying individuals the right to make decisions about their own bodies and futures, abortion laws reinforce power structures that disadvantage already marginalised groups. This loss of autonomy can have far-reaching consequences, impacting education, career trajectories, and financial stability.

Mental Health

The mental health impacts of abortion restrictions are particularly pronounced for people of colour, who experience higher levels of stress, anxiety, and lower life satisfaction when denied abortions. The trauma of being denied reproductive rights, coupled with the systemic racism and discrimination faced by marginalised communities, can lead to long-lasting psychological distress.

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