This is an unprecedented time we live in. We are currently living through climate change, a pandemic on pause, and an international conflict that has the potential to turn global. People around the world are struggling with conflicts and atrocities, at times, due to the American military’s involvement, while hundreds more are dealing with increasingly dangerous heat waves as a result of the climate crisis. Still, others are trying to face the consequences of the pandemic, including the devastation left behind due to the loss of lives and the increasing financial insecurity that continues to widen the inequality gap between the struggling and the affluent. War in Ukraine wages on as we enter the fourth month since its beginnings, with what seems like no end in sight, while the Pentagon discusses options of US involvement in the fight against Russia. Now, the precarious attack on women’s rights seems to be the latest hurdle for Americans. This regression of rights in the democratic nation which has claimed countlessly throughout history to “spread democracy into the world,” seems beyond ironic and hypocritical.
The History of the Abortion Rights Movement and Context Behind Roe V. Wade
Before analyzing the recently leaked draft of the Supreme Court decision attacking women’s right to privacy, we should examine the history and context behind the controversial topic of abortion. How did abortion become such a controversial, political issue? Well, in order to have a holistic view of this topic, we have to examine the Religious Right movement that took place in the 1970s in what is known as the Sunbelt states or the lower half of the United States. This movement involved the grass-roots participation of churches and other Christian organizations in politics to push for a more traditional, “moral” policy platform in response to the growing feminist and gay liberation movements of the time. These Religious Right organizations aimed to reverse bans on prayers in school, shift toward more traditional values, and limit sexual freedoms, including pornography, sex work, and even abortion rights. One specific organization, known as the Moral Majority, declared “war against sin” and was especially involved in electing officials to government offices who were sympathetic to their cause. The Religious Right movement was so successful in its “family values” campaign that it was in part responsible for the Equal Rights Amendment’s failure to be ratified, thaks to one devoted, conservative activist by the name of Phyllis Schlafly. They also vehemently opposed the right to abortion that was secured by the passing of Roe v. Wade, and they constantly attempted to have the decision overturned. To the members of the Christian New Right, abortion was a sin, and many believed it to be the murder of an unborn child. They provided Bible verses from the scripture to support these beliefs, disregarding the countless scientific developments that were being published that stated otherwise. While they were concerned about abortion rights and attempting to overturn Roe v. Wade, the Christian New Right has failed to consider the basis upon which the Supreme Court case was decided, and the precedent it would set if overturned.
Roe v. Wade is a Supreme Court case that was brought before the court in 1970 regarding the legality of an abortion law in Texas which criminalized abortion in most circumstances. The decision, in this case, was based on the right to privacy guaranteed in the “due process clause” of the Fourteenth Amendment, which states that a person should not be denied the right to life, liberty, and property without going through a legal process that is fair and meets some fundamental standards of justice. This essentially means that the state or federal government cannot limit fundamental rights such as the right to privacy.
What Overturning Roe v. Wade Would Mean
The Roe v. Wade decision was an expansion of privacy rights that had been referenced as a precedent for this ruling. Privacy rights range from women’s right to birth control to the right to same-sex marriages, was used to overturn sodomy laws, and even applies to issues concerning data privacy. Overturning such a monumental decision can have devastating consequences on not only women but all citizens across the nation. This regression of rights, in an attempt to end all abortions, will not have the intended effect. Women are going to continue to require and desire to have abortions, either due to health complications, personal preferences or after surviving traumatic instances of sexual abuse. Abortions are not going to magically stop happening and making it illegal to get or perform an abortion is not going to stop rape and incest from occurring either. If history is to be the judge, what is more likely to happen instead, is that women are going to attempt dangerous and untested procedures in desperate attempts to get abortions, which can be life-threatening for the women in many instances.
As part of their anti-abortion crusade, many states, (which includes Alabama, Kentucky, Texas, and seven others) are not providing exceptions for instances of rape and incest in the anti-abortion laws they have proposed, and many politicians, (such as Pete Ricketts, a Republican Governor of Nebraska, or Republican Representative Steve King of Iowa), have been asked for clarifications about this very issue on multiple occasions. What they constantly reply is that even a rapist’s child is still a child, meaning that women who are raped or have been victims of incest cannot receive abortions in these states and will be forced to carry to term the children of their abuser. To place such an expectation on victims of abuse and force them to live through the immense trauma that these laws would demand is not only unjust but purely evil.
Another cruel consequence of the anti-abortion laws many “trigger” states are prepared to pass is the impact these laws have on the ability of women to have an abortion after miscarriages and stillbirth. Procedures utilized to address miscarriages and stillbirths involve the same medications and procedures used for abortions. Outlawing these medications and procedures can tremendously impact women experiencing miscarriages or stillbirths and place caregivers in delicate positions legally. Due to the fact that many states have prepared to criminalize abortion and have encouraged neighbors to report anyone getting an abortion or helping someone else get an abortion, hospitals, and abortion clinics are also placed in vulnerable positions. Originally proposed by Texas, four more states have passed similar proposals for the enforcement of abortion laws through the involvement of citizens. While all this sounds like it came from a bad dystopian novel, we are only at the tip of the iceberg of consequences, so to speak.
The denial of abortion rights portrays the backsliding of American democracy, but the criminalization of abortion leans toward fascist tendencies. The right to abortion is not simply a women’s rights issue but also a voting rights issue that can be catastrophic for the survival of our democracy. A brave Congresswoman, Lucy McBath, addressed a hearing on abortion rights conducted by the House Judiciary Committee after sharing her personal experiences with two miscarriages and a stillbirth. She questioned, “If Alabama makes abortion murder, does it make miscarriage manslaughter?” Many states, such as Kentucky, Louisiana, Tennessee, and Utah, have already proposed laws incriminating abortions. In an extreme proposal, Texas “trigger” laws would deem abortions a second-degree felony with sentences up to 20 years, and in cases where the fetus is dead, (meaning miscarriages or stillbirth), the charges can become first degree felonies and the sentence can be anywhere between five years to life in prison. Many states are even proposing fines on top of prison sentences for abortions. These laws not only target the women getting abortions, but also anyone who assists in the process. People charged with felonies in many states in America lose their right to vote, even after having served their sentences. If abortions are criminalized and women and “abortion-sympathizers” are charged with felonies, this would be a form of state repression of an entire voting block. If women are sentenced to jail and prison time for abortions and using contraceptives, they will also be disenfranchised as a result of their “criminal” record. This can set dangerous precedents for privacy rights in general and is fundamentally a threat to democracy.
The Myth of the “Pro-Life” Argument and Why “Just Moving” is not a Practical Option for Many Americans
The “pro-life” stance, one of the biggest misnomers in American history, has been responsible for forcing women to have unwanted births and taking away women’s agency over their own bodies. This sentiment mirrors the dystopian society of Gilead from the famous series by Margaret Atwood, “The Handmaid’s Tale”. The “pro-life” argument is only concerned about the birth of the fetus in question. Once the baby is born, families are left to fend for themselves, without any saftey nets in place to help these families raise healthy children. First off, there are very limited legal protections in place to ensure that once a baby is born, the mother and the child will receive all the assistance they require to develop a healthy and nurturing childhood for the newborn. Along these lines, affordable childcare options in America are minimal, and the foster care system has proven to be underfunded and ineffective, oftentimes even acting as a breeding ground for abuse and neglect of the very children they are supposed to care for. Maternal leaves are not mandated by states or the federal government, but rather left for individual companies to decide whether to offer them or not, and paternal leave, (for the father to have a chance to bond with the newborn child), is almost unheard of in this country. Additionally, people who are poor might not be able to afford the high costs of childcare, or even doctor visits during pregnancy and prenatal care to ensure a healthy pregnancy. People living in impoverished situations might not be able to feed another mouth in their family due to financial situations, and these hardships have been exacerbated due to the pandemic. Politicians and media platforms stress the unborn “child’s” right to life while they argue why holding immigrant children in cages at the border is justified. The same “pro-life” supporters are also in favor of loose gun regulations and refuse to listen to the many children who are asking their representatives to pass stronger gun laws to prevent school shootings. The fact that the same people in favor of overturning Roe v. Wade are also in favor of banning forms of contraception that prevent pregnancies in the first place, signals that this decision is rooted in a far more sinister legacy of controlling women’s autonomy. This has been the case throughout history, throughout the world. Women have been deemed second-class citizens until very recently when we secured the right to vote through the passage of the Equal Rights Amendment even though it never was fully ratified. Up until 1974, when the Fair Credit Oppurtunity Act was passed, women were not even allowed to own credit cards in their names. These “pro-life” arguments simply serve the purpose of restricting women’s right to privacy and the right to their own bodies. During the pandemic, anti-maskers cried, “my body my choice.” Those same anti-maskers today are adopting the “pro-life” argument to dictate what a woman can do with her body, in a shallow attempt to secure the rights of unborn zygotes.
Furthermore, there are many states, (13 to be exact) that have been set to pass extreme anti-abortion “trigger” laws immediately following the overturning of Roe v. Wade and a total of 23 states that are set to restrict abortions. These are predominantly red states, and one of the popular arguments from anti-abortion enthusiasts is that you can simply move to a blue state if you don’t like the policies your state passes. This is not a simple task. For one, it requires tremendous amounts of money to be able to even move anywhere in today’s inflated economy. Jobs have to be lined up, and if you have children, you have to look into school districts and make sure they can be enrolled with no issues. If you own property in your current state, you can’t just move. You have to be able to afford to either spend on a secondary living situation while your current home is being sold, or you have to wait until you can sell your home before you can move. For people who are experiencing poverty, those families that live paycheck to paycheck, will be forced to continue living in these red states, and as a result, be forced to live with these anti-abortion laws. Some states, like Missouri, are even restricting women from seeking out-of-state abortions, criminalizing those seeking the abortion as well as those who help with the process. With all this said, research shows how all these laws will impact poor and marginalized people the most, and this is yet another example of how the state criminalizes poverty.
Other rights that may be threatened by the overturning of Roe v. Wade
Since Roe v. Wade is fundamentally based on the freedom of privacy, overturning this law can set precedent to attack and target other rights. In the leaked draft of the Supreme Court decision to overturn Roe v. Wade Supreme Court Justice Samuel Alito argues that Roe v. Wade was an unconstitutional judgment based on weak arguments and alleged that the case has been responsible for deepening the societal divide. In the draft, Alito argues that the basis for Roe v. Wade (mainly the right to privacy) was “invented” and “flawed,” insisting that the judgment was unconstitutional. Many scholars familiar with setting legal precedents claim that overturning this precedent, which carries the legacy of the right to privacy, can in turn have devastating consequences for other privacy rights.
One such group that might be targeted as a result of overturning Roe v. Wade is the LGBTQ+ community. The right to same-sex marriages can come under scrutiny, and based on Alito’s opinions on sodomy laws, the LGBTQ+ community can be specifically targeted. Although sodomy laws, which criminalized sexual behavior deemed inappropriate by the state, are general enough to appear as they apply to everyone, history has shown that these laws were used mostly to target the homosexual community and even the larger LGBTQ+ community as a whole. These scholars also claim that other rights, such as the right to contraception, are also under scrutiny. Their fears are reasonable, since the same arguments which supported the right to privacy applied in the ruling of Roe v. Wade (which is under attack on the basis of its constitutionality), are the same justifications used to legalize contraceptives in the case of Griswold v. Connecticut in 1965. Following this framework, same-sex marriages, which were legalized in 2015 through the ruling passed on Obergefell v. Hodges, can be deemed unconstitutional, and so too can interracial marriages, which were made legal by the ruling on the case, Loving v. Virginia.
While Alito reassures that this draft is aimed at overturning abortion rights alone, this decision sets a dangerous precedent for other privacy cases to be challenged as well. Should there be an attack on contraceptive methods such as birth control, plan B pills, and condoms, the freedom for people to lead sexually healthy lives is at risk, and as a result, can lead to even greater restriction of personal freedoms, and women who are raped or have been victims of incest will not be able to access these resources to prevent any unwanted pregnancies.
Sex workers are yet another community that will be harmed by the overturning of Roe v. Wade and other proposals that restrict sexual freedoms. Too many people in the media focus on the “picture perfect” cases, and many sex workers and their lived experiences are ignored as a result of this media bias. Sex workers use contraceptives and condoms to protect themselves from both unwanted pregnancies and unwanted sexually transmitted diseases. Their livelihoods are greatly impacted by these laws, and the wellness of these sex workers is put at high levels of risk. What’s worse, these sex workers of all genders and sexual orientations are among the most marginalized people in society, and as a result, will feel the implications of these rulings disproportionately. Although there is an immense stigma that surrounds this topic, sex work is also a form of work, and it is important to remember that many sex workers are simply trying to earn a living. Sex workers are already dealing with issues of having their contraceptive needs met, including spreading awareness of safe sex practices in their community, and fact-checking misinformation being disseminated about contraceptive methods and how they should be used. Restricting access to contraception can have life-changing implications for sex workers, and fundamentally cause more financial challenges as their stream of income is jeopardized.
So, Where Do We Go From Here?
Regardless of your opinions about sex work, abortion, or any of these topics, these are incredibly personal issues and should be left for each individual to decide on what they believe is in their best interests. For too long, women have been restricted and controlled, mind, body, and soul, to meet the needs and pleasures of the patriarchy, and religion and morality have been misused as justifications to continue treating women like second-class citizens. The United Nations Human Rights Committee in 2018 claimed that the right to life begins at the time of birth, when the child can exist separated from the mother’s body. While this establishes an international legal standard on this controversial topic, the right to an abortion, (and right to privacy), is fundamentally being framed as an issue of constitutionality rather than a human rights issue, and as such, there is not much room for the UN to be involved legally in American affairs. On the national level, we can pressure our Congress to codify Roe v. Wade into law, so that it can be protected until a majority-Republican Congress reverses it in the future. For this to happen, Congress needs to be serious, and even though the majority of Americans support the right to an abortion, congressional representatives seem to be divided firmly along partisan lines. Still other abortion rights activists have taken to the streets, protesting outside of the homes of the Supreme Court Justices who are in favor of overturning Roe v. Wade, in an attempt to convince them to change their decisions in the final vote.
On the state level, overturning Roe v. Wade will allow states to make decisions on abortion rights, so each state will vary in its laws. First, being aware of your own state’s abortion laws can be helpful in determining what your options are and how you can help. In Alabama, while access to contraception is still legal, almost all forms of abortions will be deemed illegal immediately following the overturning of Roe v. Wade. Additionally, medical professionals who assist in providing abortions will also be considered Class A felons. While Alabama abortion laws do not allow for an exception in the event of rape or incest, they do allow abortions in severe cases where the health of the mother or fetus is at risk, but only after two separate opinions from doctors advising to do so. With that being said, there are non-profit organizations and abortion providers striving to form an underground network to provide safe abortions for women that wish to have them. Some method these organizations are using is to invest in mobile abortion clinics to meet women at the border of the closest state where abortion would be legal to help make abortion more accessible for women living in red states.
Finally, you can help in two more simple, yet profound ways: participate and educate. It’s time to start paying attention. Participation is not just voting, but also organizing, and educating others about the injustices that are happening around us, and helping people understand the real consequences behind issues you care about, like the overturning of Roe v. Wade. Share your stories with others to help destigmatize abortions and normalize safe sex debates and practices in society. Educate yourself about your state’s policies, but also familiarize yourself with organizations that provide help to those who are impacted, whether medically or otherwise. Democracy is very fragile, and as hard as rights are to secure, it is just as easy to lose them if we don’t hold accountable the people in power. One of the most telling insights gained from looking back at the days of Nazi Germany was that in retrospect, one could see the accumulation of attacks on rights, but because the public chose to stay silent, the fascists kept pushing until it was too late for the people to stand up and defend their rights. Let’s make sure that doesn’t happen to us today, not on abortion rights, not on environmental rights, and not on our human right to life, liberty and human dignity.
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