Opinion: From Texas to Maryland, Cities Are Fighting Abortion Bans
"As Latinas and women in positions where we are able to promote and protect our constituents’ interests, we are united in our belief that abortion should be safe, legal, affordable, and accessible."
Over the past three decades, more than 60 countries have liberalized their abortion laws, while only four have done the opposite: Poland, El Salvador, Nicaragua, and—of course—the United States. With the Supreme Court’s reversal of Roe v. Wade in 2022, the U.S. joined these autocratic nations, making abortion access nearly impossible in certain states.
This decision has only empowered state-level actors to continue curtailing human rights, especially abortion access. Nearly 1,400 people in the U.S. faced a pregnancy-related arrest between 2006 and 2022, according to Pregnancy Justice. The arrests disproportionately affected Black and Indigenous people—especially low-income Black people—and low-income white people. This trend has only worsened since the 2022 Dobbs v. Jackson Women’s Health Organization decision.
In the year 2024, there is no question: Abortion is health care and a human right. The rollback of reproductive freedoms violates international human rights law. As local elected leaders, we believe federal, state, and municipal lawmakers must uphold these rights, which is why we’ve introduced and passed human rights resolutions in Austin, Texas and Mount Rainier, Maryland.
Texas has become notorious for its archaic abortion laws. In 2021, SB 8 effectively banned abortion, allowing citizens to sue anyone who “aids and abets” abortion access. However, cities like Austin are fighting back. Through the GRACE Act, Austin prohibits the use of city funds to investigate abortion cases and directs the police to deprioritize them. The city has also allocated $400,000 to help cover travel-related expenses like lodging, transportation, and child care for those seeking abortions, an initiative currently facing legal challenges from Texas Attorney General Ken Paxton.
Women like Kate Cox, who faced health risks during her pregnancy, sued Texas over its restrictive laws (though their challenge was rejected by the state supreme court). The Center for Reproductive Rights has also filed federal complaints against hospitals for denying care to patients with life-threatening pregnancies, saying that it violates federal laws such as the Emergency Medical Treatment and Active Labor Act (EMTALA).
Maryland stands in stark contrast. The state has no abortion ban, and abortion is legal at any point during pregnancy. In fact, last year, state lawmakers passed the Reproductive Health Protection Act, shielding health-care providers from liability for assisting out-of-state patients and safeguarding patient privacy. The law also requires all four-year public colleges to ensure access to comprehensive sexual and reproductive health care, including abortion services, STI testing, contraception, and emergency contraception.
Maryland also passed a shield law protecting abortion providers from investigations by other states and offering protection from harassment for anyone entering a clinic. Additionally, the state is set to vote on a constitutional amendment to enshrine the right to abortion.
Despite our different states’ diverse geography and socioeconomic landscapes, we are united in honoring our civic obligations by introducing human rights resolutions that recognize abortion as essential health care and a human right. When our legislation passed, it became the first of its kind in our country.
As Latinas and women in positions where we are able to promote and protect our constituents’ interests, we are united in our belief that abortion should be safe, legal, affordable, and accessible.
These resolutions are far from symbolic. They are powerful statements that protect and promote sexual and reproductive health, reinforcing that abortion is a fundamental human right. They pave the way for individuals to have the freedom to make decisions about their pregnancies without unnecessary barriers or delays. It’s a declaration that all people, regardless of background, deserve full reproductive freedom, bodily autonomy, and the ability to decide if and when to start or grow a family.
The United Nations Human Rights Committee has repeatedly found that abortion bans are in violation of human rights and that the U.S. has fallen short of its obligations to a number of treaties, including the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
Since the Dobbs decision, our country has been reviewed by two United Nations committees, the Committee on the Elimination of All Forms of Racial Discrimination, and the Human Rights Committee. Both have called on the U.S. government at all levels—federal, state, and local—to uphold the country’s human rights obligations under these treaties, including protecting sexual and reproductive health and rights.
These calls have not gone unanswered. We as local leaders have a duty to uphold human rights and to fulfill the obligations of the treaties we are party to. This is why we introduced our legislation and loudly declared abortion a human right. The committees called on local government to act and that is what we have done—now we call upon elected leaders around the country, and at all levels of government, to stand up for human rights and to stand up against anti-rights extremists intent on eradicating all reproductive health-care access for people living in the U.S. Stand with us as we build back what Roe could never give our communities: true reproductive freedom.