In 1973, the Supreme Court passed Roe v. Wade established the legal right to an abortion. Under Roe v. Wade, an abortion could be performed until a fetus was viable outside of the womb. Although, the landmark court case did not stop those against to continue to restrict access to abortion, especially to more vulnerable communities. The Hyde Amendment, passed in 1976, bars federal dollars from being used for abortion restricting abortion more significantly for Black and Latino people. Research shows, however, that restricting abortion access does not decrease the number of abortions, but it does decrease the number of safe abortions sometimes resulting in severe complications or even death. Restricting abortion access also significantly increases pregnancy related deaths. In some cases, staying pregnant is more dangerous than getting an abortion.
Although those against abortion having been trying to restrict access since the passage of Roe v. Wade, in recent years, we have seen legislatures make bold moves threatening the right to abortion.
An overview of recent moves
In 2018, Mississippi state government enacted a law that would make abortion illegal after 15 weeks of pregnancy, about two months earlier than Roe allows. This law never went into effect because it was immediately challenged and eventually was blocked from being enforced. This case has been repealed and is currently being heard by the Supreme Court, and if upheld, poses a direct threat to Roe. The current law in place in Mississippi allows abortion up to 20 weeks of pregnancy.
Modeled after the Mississippi law, Texas implemented Senate Bill 8 in September 2021 which bans most abortions after approximately 6 weeks of pregnancy, before many women even know they are pregnant. Additionally, it invites private parties to file civil lawsuits against anyone performing or “aiding and abetting” an abortion. This restrictive law will go into effect July 1st, and patients are having doubts about if there is an end in sight.
Oklahoma recently took a similar move to Texas as banned all abortions after 6 weeks of pregnancy and made performing an abortion a felony with a sentence of up to ten years in prison. This law not only has devastating effects for those that live in Oklahoma, but also for those that have been traveling from Texas to receive care. This law has been signed and is expected to go into effect this summer.
Florida Governor Ron Desantis signed into law earlier this month an abortion ban after 15 weeks of pregnancy with an exception for life-threatening cases for both the mother and fetus. A similar law was also just passed in Arizona. These laws are expected to go into effect this summer.
Blocked moves
A law scheduled to go into effect April 22nd in Idaho was temporarily blocked by the Idaho supreme court. The law was modeled after the Texas law that relies on ordinary citizens to enforce a ban on abortion after about 6 weeks of pregnancy. Additionally, an extremely restrictive ban on nearly all in-state abortions was recently blocked in Kentucky.
Abortion-banning legislation has been passed in at least one legislative chamber in seven states: Arizona, Idaho, Wyoming, Florida, Kentucky, Oklahoma, and West Virginia. Bans have been enacted in six of those states: Florida, Oklahoma, Kentucky, Arizona, Idaho, and Wyoming.
Companies taking a stand
Yelp is the latest of companies offering employees pay to travel out of state for abortion treatment. Executives find that they have to take a stand on divisive social issues and also find that issues such as abortion rights have implications for recruitment. They speculate that those that may need access to abortions may not want to work in a state that does not offer them. Other companies that are offering similar services include Citigroup, Match, Bumble, Lyft, and Uber.
Abortion education
For many years, abortion procedures have been a standard in physician education. As new restrictions pile up, bills have been proposed or enacted in at least 8 states seeking to limit abortion education. For example, abortion training is not offered at Oklahoma's two medical schools and education on the topic is limited. Additionally, an Idaho law passed last year bars tuition dollars from being used for abortion education for any school that receives state funds. Similar bans have been seen in Wisconsin, Missouri, and Ohio.
A recent study by Stanford found that half of medical schools included no formal abortion training and only a single lecture. Abortion is one of the most common medical procedues, yet education is absent from medical school curricula.
Important considerations and implications
While we continue to see news stories about restrictions and bans being passed all over the country, it is important to remember that abortion bans are not affecting everyone the same. These bans are affecting low-income, minority populations that do not have the means to simply fly to another state to get an aboriton. These bans affect specific populations and continue to disenfranchise our most vulnerable.