At least every other day, I get e-mail about "abortion rights" from one group or another. The issue is always the same -- some one or entity is about to take away the right of women to have an abortion. Right now the bullseye is on the back of Judge Samuel Alito, Bush's pick to replace Sandra Day O'Conner on the Supremes.
Excuse me! The battle has already been lost! Roe vs. Wade probably won't be overturned but that is of little consequense in today's reality. Those who oppose women's rights have won in a war of a hundred little 'paper' cuts that have, for all practical purposes, eliminated abortions in many states already.
First, they captured the word 'abortion', demonized it and used it effectively for it's ultimate demise. The advocates of women's rights never got over this fact and this became a fatal flaw in their strategy; letting the other side frame your argument. The Pro Life -- Pro Choice tags are another example of letting the enemy frame the war of words aimed at America's ears.
In the reality based community, the foes of women's reproductive rights have used other court rulings to advance their ideology in state by state. For instance, In 1992, the United States Supreme Court ruled in
Planned Parenthood of Southeastern Pennsylvania v. Casey that states could regulate abortion so long as it did not place an "undue burden" on the woman; the Court defined an undue burden as one that placed "significant obstacles in the path of a woman seeking an abortion." With that opening, states throughout the country over the past 13 years have passed over 200 regulations that limit in various ways access to abortion.
Here's an example; the list of legal hurdles for women in Mississippi:
- Mandatory waiting period: A woman may not receive an abortion until 24 hours after a physician has provided her, in person, with: information about the probable gestational age of the "unborn child"; a description of the proposed abortion procedure; the name of the doctor who will perform the procedure, its risks and alternatives; the risks of carrying her pregnancy to term; and a state-mandated lecture.
- Informed consent/state-directed counseling: A woman seeking an abortion must receive a state-mandated lecture that explains: the legal responsibilities of the father; the medical assistance she may be entitled to if she carries the pregnancy to term; the name of the physician who will perform the abortion; and her right to review state-prepared materials that list the private and public agencies providing counseling and alternatives to abortion, and that describe of the probable anatomical and physical characteristics of a fetus at two-week gestational increments.
- Parental notification/consent for minors: Both parents must provide written consent before a woman under the age of 18 can obtain an abortion (although, in specific cases the consent of one parent will suffice). However, the minor may obtain a judicial bypass if she can demonstrate that she is mature enough to make the decision for herself or that an abortion is in her best interests.
- Public funding for abortion: Mississippi allows women eligible for medical assistance to obtain public funds for abortion if there is a fatal malformation incompatible with live birth and a few other circumstatces.
- Rights of conscience protection to healthcare providers: Individuals and entities may refuse to participate in healthcare procedures for reasons of conscience.
- Abortion clinic regulations: Mississippi has a set of regulations that apply specifically to abortion providers regarding a variety of administrative, personnel, building and facility, and patient care requirements and that make them subject to unannounced inspections by state officials at any time. In addition, in 2004, the state passed a law requiring that all abortions after the first trimester be performed in a hospital or ambulatory surgical facility. That law is unenforceable pending appeal, but a temporary law requires that from July 2005 to July 2006 all abortions after the first trimester must be performed in a hospital, ambulatory surgical facility, or abortion facility that has met the requirements of an ambulatory surgical facility.
Mississippi has only one facility in the entire state providing abortions and the legislature is trying to force the out-of-state doctors who come in to Mississippi to do abortions, to obtain admitting privileges at local hospitals. As you can well imagine, legal abortions are pretty rare in Mississippi these days.
Here's the hurdles the state of Oklahoma imposes on a woman seeking an abortion.
- Mandatory waiting period: A woman may not receive an abortion until 24 hours after a physician has provided her with: information about the probable gestational age of the fetus; the name of the doctor who will perform the procedure; the risks of the abortion procedure; and the risks of carrying her pregnancy to term.
- Informed consent/state-directed counseling: A woman seeking an abortion must receive a state-mandated lecture that explains: the legal responsibilities of the father; the medical assistance she may be entitled to if she carries the pregnancy to term; the name of the physician who will perform the abortion; and her right to review state-prepared materials that list the private and public agencies providing counseling and alternatives to abortion and that describe the probable anatomical and physical characteristics of a fetus at two-week gestational increments.
- Parental notification/consent for minors: One parent must be notified 48 hours before a woman under the age of 18 can have an abortion. However, the minor may obtain a judicial bypass if she can demonstrate that she is mature enough to make the decision for herself or that an abortion is in her best interests; or if a medical emergency exits that necessitates an immediate abortion to preserve her life.
- Public funding for abortion: NO, but Federal law mandates that federal and state Medicaid funds must be available for abortion in cases involving rape, incest and life endangerment to the mother.
- Rights of conscience protection to healthcare providers: Individuals and hospitals may refuse to participate in abortion procedures.
- Abortion clinic regulations: Ohio state law requires that all abortions performed after the first trimester be performed in a hospital, but this law is unconstitutional and unenforceable according the Supreme Court's decision in Akron v. Akron Ctr. for Reprod. Health, which held that a second trimester hospitalization requirement constituted an "undue burden."
- Other: -Oklahoma has a "Baby Moses" law, which allows a mother or legal guardian to anonymously leave an infant at a safe, designated location.
You can search other states across the nation and turn up the same results. For all pratical purposes, abortions have become almost a thing of the past.
As a result, I urge my friends who have fought for women's reproductive rights to focus on their own legislature elections and change the character of these law-making institutions. Secondly, prosecute fully an agenda of forcing those in power to give the same attention to babies once they've left the womb as they do to fetuses in the womb.
"The hands that help are better far than lips that pray." -- Robert Ingersoll, 19th sentury writer and atheist.