The end of equality—Having a uterus in a post-Roe world
"People call me a feminist whenever I express statements that distinguish me from a doormat." -- Rebecca West
The Supreme Court of the United States (SCOTUS) handed down a decision on June 24, 2022 that overturned the 1973 ruling in Roe v. Wade that made abortion a constitutionally-protected right.
SCOTUS was split 6-3, with Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan writing,
One result of today’s decision is certain: the curtailment of women’s rights, and of their status as free and equal citizens…
With sorrow—for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection—we dissent.
It’s odd to think about it. I’m a woman in the United States, and right now, there are certain states that won’t allow me to make a decision about my body and my health that will affect the rest of my life. I have become a second-class citizen. People without the ability to get pregnant don’t have these same limitations on their bodily autonomy.
Going back to the States
Technically, the June 24th decision didn’t make abortion illegal in the United States. Instead, it turned the power to make decisions on the legality of abortions back over to the individual States.
The GOP had been planning for this for years, so several states had written triggers into their state laws that would make abortion access extremely more difficult or impossible once Roe v. Wade was overturned. As of July 6, 2022, this is the state of abortion laws in the United States:
As someone who lives in Ohio, I’m terrified for those with a uterus in my state. Abortion is illegal after 6 weeks in Ohio, unless the person’s life is in danger, or the pregnancy could severely compromise their physical health. I feel like those terms are WAY too vague.
Here’s the full list of abortion restrictions in Ohio, as of June 28, 2022, according to the Guttmacher Institute:
A patient must receive state-directed counseling that includes information designed to discourage the patient from having an abortion, and then wait 24 hours before the procedure is provided. Counseling must be provided in person and must take place before the waiting period begins, thereby necessitating two trips to the facility.
Health plans offered in the state’s health exchange under the Affordable Care Act can only cover abortion in cases of life endangerment, or in cases of rape or incest.
Abortion is covered in insurance policies for public employees only in cases of life endangerment, rape or incest.
Medication abortion must be provided using the FDA protocol.
The parent of a minor must consent before an abortion is provided.
Public funding is available for abortion only in cases of life endangerment, rape or incest.
Most patients will undergo an ultrasound before obtaining an abortion, since the provider must test for a fetal heartbeat. The patient will be offered the option to view the image.
Abortion is banned at six weeks of pregnancy, except in cases of life endangerment or severely compromised physical health.
The state prohibits abortions performed in response to genetic anomaly.
The state requires abortion clinics to meet unnecessary and burdensome standards related to their physical plant, equipment and staffing.
These laws are already incredibly strict and strip pregnant people of almost all of their ability to choose what’s best for them when it comes to a pregnancy. Most people don’t even know they’re pregnant until after the 6-week mark.
Ohio House Bill 598
However, these restrictions are nothing compared to what the Ohio Legislature is trying to do with House Bill 598, the “Human Life Protection Act.” Here are just some of the points that are included in this bill (which was introduced by a woman):
An “unborn child” will be defined at the time of fertilization, even prior to a zygote attaching to the uterine wall.
Someone who administers an abortion will be charged with a 4th degree felony, except under allowable circumstances.
An abortion will only be allowed to prevent the death or severe physical impairment of the pregnant individual. No allowance for rape or incest.
No abortion will be considered if a pregnant person threatens their own life, threatens to substantially or irreversibly impair their major bodily functions, or for any other mental health reason the pregnant person might have.
The person performing the abortion should do it in a way that gives the “unborn child” the best opportunity to survive.
The person performing the abortion also is expected to take reasonable steps to attempt to preserve the “life and health of the unborn child” immediately upon expulsion from the pregnant person.
There’s more. Give it a read. Now, really think about the points I’ve highlighted. A fertilized egg is not an “unborn child,” but if this bill passes, it will be in Ohio. And it is in several other states now. Doctors are going to be less likely to make the call to perform an abortion until the last possible second for fear of being charged or losing their license, something that’s already happening in other states. This could cause all kinds of medical risks, complications, and deaths for pregnant individuals.
No exception for rape and incest? That’s why we saw a 10-year-old molested child have to go to Indiana to get an abortion. The child was barely old enough to walk to school on her own, but Ohio believed at 6 weeks and 3 days, she should have to go through a pregnancy. Think about how much worse this might get with further restrictions.
Even in the 1960s, prior to Roe v. Wade being passed, doctors would grant therapeutic abortions to preserve the physical AND mental health of the pregnant person. Now, Ohio wants to throw mental health reasons right out the window. A woman is threatening to kill herself? Who cares! No abortion for you! It’s terrifying.
Now on to these last two points—the survival of the “unborn child.” Can someone give elected Ohio officials a basic class in pregnancy and human creation? Or at least teach them how to read statistical data.
As you can see in this data provided to the Washington Post by the CDC, most abortions (92%) take place in the first trimester. All but 1% of abortions take place before 20-weeks gestation. The earliest premature baby was 21-weeks gestation, but survival that early is rare. There is only a 50% survival rate for those babies born at 24-weeks gestation. Also…that 1% that happens after 20 weeks? Those abortions usually take place because the fetus isn’t viable—it has no heart, no brain, no lungs, etc—or the pregnant individual’s life is in danger.
So those are the stats and the science. Now, explain to me how doctors are supposed to keep a 6-week gestation “unborn child” alive? It doesn’t even have any organs yet!
As you can see, this isn’t about saving the life of the “unborn child.” This is about controlling pregnant people and forcing them to give birth. If those in the GOP (either in Ohio or nationally) wanted to save the life of a child, they would reform foster and adoption systems. They would support programs like welfare, food stamps, WIC, etc. They would want free childcare so parents can work. They would provide free preschool for all. These are just some of the programs that the GOP doesn’t support.
It is guaranteed that if abortion rights aren’t adopted at a federal level, there will be more children every year. This will tax daycare resources, school resources, resources for low-income families, social services resources, etc. We can’t live in a society where we restrict something like abortion, and then do nothing to ready our country for the influx of children that will be coming very soon.
The best we can do at this moment is attempt to elect those who don’t agree with stripping us of our rights and turning us into broodmares for the State.
