Abortion in Louisiana

SB 33, the trigger bill, passed out of committee by a unanimous vote. The other two bills were not heard. On May 31, SB 33 was approved in the Louisiana House by a vote of 85-17, and on June 5, the Louisiana Senate approved the measure. The bill now heads to Governor Kathleen Blanco (D), who has 10 days to sign or veto, or the bill will lapse into law without her signature. On June 1, Gov. Blanco stated in an AP interview that she would sign the measure.

These attempts to pass bans on abortion are only the tip of an anti-choice iceberg in Louisiana. The state is already one of the most hostile toward a woman's right to determine whether and when to have children.

Miles of Obstacles

In Louisiana, 92 percent of parishes have no abortion provider, and geographical distance alone places an overwhelming burden on women seeking abortion. Says Julie Mickelberry, director of public affairs at Planned Parenthood of Louisiana and the Mississippi Delta: "Lengthy travel — with transportation costs and maybe hotel costs — to get to a provider increases the costs to a woman who may not have the means [to pay] for an abortion in the first place."

The issue is exacerbated by a state-mandated waiting period that forces women to wait 24 hours before obtaining an abortion, while she receives a lecture that, among other things, involves color drawings of the characteristics of a fetus in various phases of development. Until 2004, women also had to receive state-prepared materials suggesting that abortion increased the risk of breast cancer — a claim that flies in the face of scientific evidence and has been disavowed by the National Cancer Institute, the American Cancer Society, and the American College of Obstetricians and Gynecologists.

The list of current restrictions on abortion access goes on:

• Counseling ban — It is illegal for people employed by the state of Louisiana or a social service agency that receives government assistance to recommend that a woman have an abortion. The only exception is a physician acting to preserve a woman's life.

• Parental consent — Louisiana mandates parental consent for minors seeking abortion, a rule that cannot be waived even if the woman is a survivor of rape or incest. The rule can only be waived by judicial bypass if the minor can persuade a judge that an abortion is in her best interests or that she is mature and informed enough to make her own decision.

• Refusal clause — Louisiana allows certain individuals and entities to refuse to provide abortion services, without any provision for women to obtain reproductive health care services, information, or referrals in the event that they are refused.

• Restrictions for low-income women — The state prohibits the public funding of abortion for women who are eligible for state medical assistance. The only exception is if the procedure is required to save the woman's life or the pregnancy is the result of rape or incest.

• Targeted Regulation of Abortion Providers (TRAP) Laws — The state has imposed a variety of administrative and regulatory requirements on abortion providers that are not imposed on other health care providers. TRAP laws are thinly veiled attempts to increase the costs of providing services or close a provider down.

These restrictions do nothing to reduce the need for abortion — they just make getting an abortion more difficult. And in the process, women suffer. "Politicians are putting politics above women's health and safety," says Mickelberry.

And if the state's anti-choice politicians ever realize their dream of banning abortion? As with most restrictions on abortion, poor women will likely be hit the hardest. "They'll be forced to take measures into their own hands or go to illegal providers who are inexpensive and unsafe, which may result in complications — and in some cases, death," says Mickelberry. As Louisiana is the second poorest state in the nation, this scenario does not bode well for women who live there.

The Answer

"We need to address the problems of unintended pregnancy, not try to criminalize women and their doctors," says Mickelberry. "The only way to prevent the need for abortion is to increase access to contraceptives and to medically accurate sex education." But the state and federal government have implemented a different plan.

Louisiana, with its high incidence of teen pregnancy, has one of the largest federally funded abstinence-only programs in the country — a program that has reached thousands of school-age young adults. As several reports have found, such programs often contain misleading or inaccurate information about sexual health. They are also forbidden to discuss birth control methods except to stress their failure rates. "Teens are being fed medically inaccurate information," says Mickelberry. "They are being painted into a corner because their options are being taken away."

But pro-choice advocates are attempting to change the situation. "We are really trying to connect with legislators to talk about prevention and what needs to be done to reduce the number of unintended pregnancies and decrease the need for abortion in this state," says Mickelberry. "I am hoping we can move forward with that agenda and open access to family planning and comprehensive sex education."

Fighting Back

The efforts of Louisiana politicians to restrict access to and potentially ban abortion have resulted in at least one unintended consequence: a realization for many Louisiana women that their right to access reproductive health care is seriously at risk.

"The women I talk to in this community are outraged and willing to do what it takes to educate legislators about the importance of ensuring that women have access to all forms of reproductive health care," says Mickelberry. "We are fighting to make sure that every child is wanted, loved, and cared for, and that medical decisions are private and made by women and their doctors, not politicians. We should be trusting women to make health care decisions for themselves."

© 2006 Planned Parenthood Federation of America, Inc. All rights reserved.