EDITOR'S CORNER: Women's Rights in the Gutter

This week, I want to delve into a more controversial topic that differs from our usual discussions on this blog. While I typically focus on the war in Ukraine and the global geopolitical landscape, it’s crucial to address the alarming treatment of women in the United States, especially with the elections approaching.

Examining women’s rights—particularly abortion rights—is essential, as the outcome of the presidential election will significantly influence the future of these issues. What is at stake is monumental, even if it doesn't seem apparent at the moment. The rights and autonomy of women, as well as the rights of the LGBTQ+ community, including gay and transgender rights, are all intertwined with the election outcome. A victory for conservative Republicans could have far-reaching consequences for these fundamental rights. Let's delve in!

WHAT IS ROE VS WADE?

Before we explore how women’s rights are increasingly being stripped away, it’s important to examine the landmark case that was overturned in June 2022, which triggered a snowball effect of many red states limiting or outright banning abortion. This ruling has resulted in some states making it illegal to obtain an abortion even in cases of rape or when facing life-threatening complications.

Roe vs Wade is a landmark decision made by the United States Supreme Court in 1973, which established a woman's legal right to have an abortion. The case was brought forth by "Jane Roe," a pseudonym for Norma McCorvey, who challenged the Texas laws that made it illegal to obtain an abortion except for cases where the mother’s life was at risk. The Supreme Court, in a 7-2 decision, ruled that the right to privacy, as derived from the Due Process Clause of the Fourteenth Amendment, extends to a woman's decision to terminate her pregnancy. This ruling effectively invalidated many state laws that restricted abortion access, leading to significant changes in reproductive rights across the country.

The Court's decision in Roe v. Wade was based on the recognition that the right to privacy encompasses personal choices about reproduction and family planning. The ruling established a trimester framework to balance the state's interests in regulating abortions against a woman's right to privacy. During the first trimester, the government could not restrict a woman’s right to choose to have an abortion. In the second trimester, states could impose regulations related to maternal health, and in the third trimester, when the fetus reaches viability, states could restrict or ban abortions, provided exceptions were made to protect the woman's health.

This case and ruling has had a profound impact on American society and the legal landscape surrounding reproductive rights. It set a precedent for subsequent cases concerning abortion and privacy rights, influencing legislation and public policy. However, the ruling has also been a focal point of intense political and social debate, sparking movements for both pro-choice and pro-life advocacy. 

WHY WAS IT OVERTURNED?

Over the years, various efforts were made to challenge or overturn Roe v. Wade. On June 24, 2022, it was successfully overturned in the landmark Supreme Court decision Dobbs v. Jackson Women’s Health Organization. This case arose from a Mississippi law that banned most abortions after 15 weeks of pregnancy, directly challenging the precedents set by Roe v. Wade and its successor, Planned Parenthood v. Casey.

The Supreme Court's reasoning for overturning the established case centered on the conclusion that the Constitution does not grant a right to abortion, returning the power to regulate abortion to the individual states. The Court argued that abortion should be decided by state legislatures, noting that the right to abortion was not "deeply rooted in this Nation’s history and traditions." This ruling marked a major shift in U.S. reproductive rights, allowing states to impose their own abortion laws, resulting in a wide range of restrictions across the country.

WHERE ARE WE NOW? 

Currently, states across the U.S. have varying degrees of abortion access. In 17 states, abortion is either completely banned or restricted to a six-week window. This brief timeframe has been widely criticized because many women do not discover they are pregnant until around 4 to 6 weeks, leaving little time to schedule a doctor's appointment and undergo the procedure. These states, predominantly Republican-led and mostly located in the South—such as Texas, Florida, and Alabama—have varying provisions. Some allow exceptions for rape, incest, or the health of the baby, but others do not. As a result, some women have already died from complications that could have been prevented with simple medical procedures.

Eight states allow abortion with restrictions, typically between 12 to 23 weeks. 

In 25 other states, abortion is protected, with no restrictions based on the stage of pregnancy. However, it’s important to note that late-term abortions are rare and difficult to obtain. When they do occur, it is usually due to severe fetal complications, with parents making the heartbreaking decision to end the pregnancy to prevent the baby from suffering, or the mother suffering or dying.

Access to abortion pills is also regulated according to state laws. While the U.S. Food and Drug Administration (FDA) has approved abortion pills for use up to 10 weeks of pregnancy, some pro-choice doctors have begun prescribing them to women in states with restrictive abortion laws, sending the medication by mail. However, state authorities have cracked down on this practice.

Women are often forced to travel long distances, at great expense, to access these simple and safe procedures. However, even this option is being threatened in some restrictive states, where lawmakers are considering measures to prevent women from crossing state lines to seek abortions. Penalties for violating such laws could include criminal charges and even jail time. 

Doctors are also increasingly fearful of assisting women, whether by providing an abortion or treating complications from procedures performed in other states. Many worry about being charged with murder or manslaughter, or losing their medical licenses. As a result, women are sometimes left untreated, developing further complications or, in the worst cases, dying—despite the availability of simple, quick, and painless procedures that could have saved them.

 

WHY DOES THIS MATTER?

This is a critical issue in the upcoming election. Why does it matter? Because it affects 50% of the population, who are being told what they can do with their bodies, their health is at risk, and their choices are being taken away. This also sets the U.S. apart from much of the developed world. Most Western, industrialized nations provide free access to abortion, at least during the first trimester. Many also allow later abortions when the mother's life is in danger or in cases of rape. Some countries don’t even impose a gestational age limit for abortion.

In addition to restricting abortion, Republicans are pushing to ban things like emergency contraception. How is that fair? While the U.S., like many countries, faces challenges related to population growth, forcing women to carry unwanted pregnancies is not the solution. Women are human beings who deserve the right to choose. If men can decide to focus on their careers, opt out of having families, or choose not to reproduce, women should have the same choices.

It’s also important to remember that the world doesn’t have to align with your personal beliefs for it to function. There are many things we may not like, but that doesn’t mean we have the right to impose our views on others. If something bothers us, we need to work on changing our environment, the people we interact with, or even our own perspectives. But that doesn’t give us the right to demand that others take on responsibilities we’re not willing to face ourselves.

This matter will affect the way that Americans vote at the polls. Already, it has been seen in the referendums passing now in some states, asking if they want to enshrine the abortions laws into constitution. The amount of support is overwhelming, 60% want to keep abortion as a right, and about 40% want to ban it. 

CONCLUSION

It's hard to find the right words to conclude because this issue is very close to my heart. But I believe it's time for America to wake up and recognize that many Western countries are moving away from allowing religious beliefs to dictate politics and infringe on people's rights. In many nations, religion remains an important part of daily life, but their governments do not impose religious values through lawmaking.

The growing restrictions on abortion in the U.S. represent a dangerous step backward for women's rights. They undermine women's autonomy and forcing them into life-altering situations against their will. It’s not just about limiting access to a medical procedure—these laws disproportionately harm low-income women, women of color, and those in rural areas, who often lack the resources to travel to states where abortion is still legal. Restricting abortion doesn’t stop it from happening; it just makes it more dangerous!!!

Furthermore, denying women control over their own reproductive choices can have severe economic and social consequences. It limits their ability to pursue careers, education, and personal freedom, forcing many into financial hardship. The idea that the government, especially one influenced by religious beliefs, can dictate what women do with their bodies is an affront to individual rights and human dignity.

America should be leading the way in protecting freedom and equality, not turning back the clock on progress. It's time to recognize that women's rights are human rights, and every woman deserves the freedom to make choices about her own body—free from political, religious, or societal pressure!