Recent Threats to Roe v. Wade

At first glance, the state of reproductive rights looks better on the 34th Anniversary of Roe v. Wade than it has in the past few years—last fall voters in South Dakota and California rejected anti-choice initiatives and the makeup of the new Congress is more favorable towards reproductive health. Yet despite these gains, Roe is far from safe and we must not take its protection for granted. From the U.S. Supreme Court to the state capitols, opponents of a woman's right to choose whether and when to have a child are continuing to introduce legislation that restricts that right throughout the country. Here's a roundup of recent abortion legislation news.

At first glance, the state of reproductive rights looks better on the 34th Anniversary of Roe v. Wade than it has in the past few years—last fall voters in South Dakota and California rejected anti-choice initiatives and the makeup of the new Congress is more favorable towards reproductive health. Yet despite these gains, Roe is far from safe and we must not take its protection for granted. From the U.S. Supreme Court to the state capitols, opponents of a woman's right to choose whether and when to have a child are continuing to introduce legislation that restricts that right throughout the country. Here's a roundup of recent abortion legislation news.

The day after the mid-term elections, the U.S. Supreme Court heard the oral arguments in cases challenging the Federal Abortion Ban. This ban, passed by the 109th Congress and signed by President Bush would make second-trimester abortions illegal and is a part of an agenda to overturn Roe. Even though every other federal court who reviewed the ban found it unconstitutional, it's unknown what the Supreme Court judges will decide in the next few months—making the current right to an abortion precarious.

Even though South Dakotans defeated that state's complete ban on abortion, anti-choice antagonists have taken up the effort to ban abortion in other states. Currently, legislators in Georgia are considering a ban on abortion that represents a direct challenge to Roe v. Wade. Not only would the Georgia bill outlaw all abortions, even to protect a woman's health, but it would make abortion a felony, carrying life in prison or the death penalty for the doctor.

In anticipation of Roe being overturned, several states have introduced trigger laws that would ban abortion if the Supreme Court rules such bans constitutional. North Dakota is the latest state to join the likes of Virginia, Texas, and Oklahoma in considering trigger laws. Two states have already passed this type of legislation: Louisiana (2006) and South Dakota (2005). There are also still 13 states that have retained their pre-Roe abortion bans, though they are currently unenforced.

Even when abortion is legal, there are still barriers to access. More subtle than laws that would ban abortion outright, but still dangerous are the many ways that opponents attempt to restrict abortion. These bills typically focus on denying funding for abortion services (including counseling), requiring misleading counseling, and giving the fetus rights of personhood. Indiana, South Dakota, and Wyoming each have bills that would require medically inaccurate abortion counseling—such as making doctors tell women that abortion increases risk for breast cancer, a fetus can feel pain, or that life begins at conception (instead of implantation). Additionally, a bill in Kansas would change the definition of "person" and "human being" to include fetuses.

Increasingly restricted funding for low-income women has taken away the right to choose from underprivileged communities. Silvia Henriquez guest blogs about the Hyde Amendment and its consequences in more detail in her post—but for the purpose of this news roundup, here are a couple of relevant points. According to the Guttmacher Institute, seven million women of reproductive age have difficulty accessing abortion services due to funding restrictions. Disregarding the reproductive rights of low-income women, Ohio's outgoing governor just passed a bill that outlaws the use of state funds (including Medicaid) for abortions services.

Clearly Americans are tired of divisiveness and polarization—yet anti-choice extremists continue the attack on reproductive rights. Hopefully lawmakers will soon realize that the public wants to focus less on criminalizing and restricting abortion—and more on the common ground of prevention.

For more information: