We are watching a destructive wave crashing down on reproductive health care as we have known it. Though we have seen many waves come before, we know that this one is different, and the effects will be worse.
The walls which once kept legislative storms from wreaking havoc on reproductive choice have been weakened by the passing of Ruth Bader Ginsberg and the appointment of Supreme Court justices whose values do not include bodily autonomy.
You’ve probably heard about the chilling effects of Texas’ six-week abortion ban which was introduced as SB8 and HB1515. It was signed into law on March 11, 2021, and took effect September 1 that year, after the Supreme Court denied a request for emergency relief from abortion providers in the state. The new law not only bans abortion at six weeks, but it pits neighbors and families against one another by leaving enforcement of the law to civil suits.
The Supreme Court declined to block the law on two separate occasions, and now is considering a major challenge to Roe v. Wade — the 1973 U.S. Supreme Court decision that guarantees abortion rights nationwide. And the upcoming case against the Jackson Women’s Health Organization in Mississippi is just one of many on the docket that could rock the 49-year precedent that established the constitutional right to abortion.
The Texas law marks the first time a state has successfully outlawed abortion as early as six weeks into a pregnancy.
The bizarrely cruel enforcement policy of this bill has made it difficult to challenge in courts, and that has opened floodgates to a slew of copycat bills being introduced and passing into law, including in Arizona, Arkansas, Florida, Minnesota, Missouri, Ohio, Oklahoma, South Dakota, Tennessee, Wisconsin and Idaho. Overall, there are 26 states in the US that would outlaw abortion should Roe be overturned.
On March 3, the Idaho legislature passed Senate Bill 1309, which would ban abortion after six weeks. Like the Texas law, Idaho’s ban calls for lawsuits from the public — allowing family members of a patient to sue abortion providers for cash rewards.
At the time of this article’s publishing, Idaho is the first state to sign into law a Texas-style abortion bill.
Planned Parenthood is now unable to provide most abortion services at the three health centers in Boise, Meridian and Twin Falls.
Kentucky faces a similar problem in the making. While not a “Texas-style” ban, the Kentucky State House took its first step to pass legislation that would also make it impossible for Planned Parenthood to continue providing abortion care in that state.
The Guttmacher Institute estimates that if the Supreme Court overturns Roe, Idaho patients could have to drive an average of 250 miles one way to access abortion care – an increase of more than 1,000% compared to current travel distances. Kentucky patients would drive an average of 245 miles, an increase of 248%.
And while Planned Parenthood or other pro-abortion organizations might be able to assist patients in their travel needs, other needs such as childcare, elder or pet care, approval for time off work, food and lodging are barriers that will be insurmountable for far too many patients.
While many states are stripping away abortion rights, Washington is strengthening them. Governor Jay Inslee just signed into law Washington HB 1851, known as the “Affirm Washington Abortion Access Act.” This law will ensure that qualified, licensed advanced practice clinicians can provide abortion care, as well as affirm Washington’s long history of promoting abortion rights and access. The bill will codify providers’ right to provide abortion care into state law.
Advocates in Hawai‘i are also working to strengthen abortion access. In 2006, Hawai‘i passed the Freedom of Choice Act, which helps ensure access to abortion services for people in the state and would remain in effect even if Roe v. Wade were overturned. This legislative session, state lawmakers took action to further entrench the right to choose within Hawai‘i state law, introducing House Bill 2210 / Senate Bill 2282. The bill, which recently failed to pass out of committee, would have clarified that abortion rights belong to all people, including transgender and non-binary folks, and removed a line that restricts nurses from providing some types of abortion care.
Indiana is one of the states that will have a total ban on abortion if Roe v. Wade were overturned. In the past decade, the legislature has enacted 55 abortion restrictions and bans — in fact, Indiana is second to only Louisiana in the number of abortion restrictions, it has passed since Roe. This legislative session proved no different, as lawmakers enacted even more restrictions with HB 1217.
In Alaska, the right to abortion is tied to the state constitution. For now, the right to abortion is enshrined in Alaska state law, but this could be upset if Alaskan voters ever decide to have a constitutional convention. While Alaskan voters historically choose not to have a constitutional convention, with the highest ever incidence of a “yes” vote at 37% in 1992, the possibility poses a real threat to Alaskans’ right to abortion in a state where travel challenges could be insurmountable for many patients.
We will continue to monitor, inform and prepare as this storm continues. Planned Parenthood, together with providers and patients, will ensure that patients will be able to access as much care as possible despite the wave of restrictive, punitive and overreaching abortion legislation in our country.
To support Planned Parenthood health centers’ operational costs during this difficult time, please donate here.
Tags: