Introduction
The reproductive rights face criticism and cultural wars, threatening the right of women to terminate a pregnancy. The U.S. Supreme Court legalized abortion after the landmark case of Roe v Wade in 1973 (Joffe 2). However, decades later, the decision has seen numerous states putting limitations and restrictions on the termination of pregnancy. More states such as Ohio are currently putting bans that limit women who seek to have abortions in medical facilities (Center for Reproductive Rights 3). While some women may opt for family planning, birth control services are not always readily accessible. Some women prefer seeking assistance from organizations such as Planned Parenthood that provide affordable care; however, pro-life supporters want such organizations defunded. The growing trend of limitations and restrictions makes it difficult for women to obtain their constitutional reproductive rights (Center for Reproductive Rights 3). The abortion policies and restrictions have endangered the lives and safety of women across the United States. According to the study by the Centre of Reproductive rights, abortion restrictions and policies have led to an increase in maternal mortality. For instance, in South Carolina, the state has put 14 restrictions on abortion, which have had the worst outcomes on the health of women. In 2015, the maternal mortality rate in the country rose by 300% (Ravi). The anti-choice movements are controlling women and their bodies instead of supporting their reproductive decisions and overall health. Women want access to safe and affordable contraception and abortion whenever necessary until they decide to have children while being assured of improved maternal outcomes such as paid medical leave, Medicaid expansion, and affordable childcare, among other policies that foster maternal health (Ravi).
Perspectives on the Policy Issue
Americans hold different perceptions on the legality of abortion in the country. Forty-eight percent of Americans believe that abortion is inhumane and morally wrong; hence should not be allowed in the country (Pew Research Centre). Some religious affiliations have held a similar notion claiming that abortion goes against the will of God. 77% of Evangelical protestants have been at the forefront to condemn the action, while 56% of Catholics and 83% of the religiously unaffiliated individuals assert that abortion should be legal in all cases (Pew Research Centre). Despite the broad perception that abortion is immoral, most Americans believe that termination of pregnancy is a reproductive right that women should possess. According to the survey conducted by Centre of Reproductive Rights (CRR), 69% of Americans want the states and politicians to stop robbing women of their rights to safe reproductive health care and instead uphold the Roe v. Wade ruling that granted women their reproductive rights (Center for Reproductive Rights). CRR findings were backed by the 2019 Pew Research Centre polls that saw 61% of Americans wanting states to legalize abortion, with no difference between the opinions of men and women. Americans have continuously supported the legalization of abortion since 1975, requiring the government to allow women to terminate pregnancies under the compelling and unavoidable circumstances (Gallup).
Moreover, the Pew Research Centre polls suggest that there is a significant partisan divide on the legalization of abortion. The survey reveals that Democrats are more likely to support the legalization of abortion compared to the republicans and GOP followers. According to the polls, 82 percent of Democrats and supporters of the Democratic Party, and 36% of the GOP and Republican learners advocate for the legalization of abortion. Among the Democrats, a more significant percentage of liberals (91%) believe abortions should be legalized compared to 75% of moderate and conservative (Lipka and Gramlich). On the contrary, most Republicans and Republican supporters advocate for the illegalization of abortion. According to the Pew Research Centre report, 62% of them say the country should uphold the illegalization of abortion, while 36% claim otherwise (Lipka and Gramlich). During the 2016 general elections, Trump won the votes of evangelical and other pro-life supporters because he pledged to eradicate abortion while doing his campaigns (Pew Research Centre). As ascertained by two of his supporters, “We voted for Trump in the first place because he was the pro-life choice that was our main concern” (Prasad). Hillary Clinton, on the other hand, advocated for pro-choice during the campaigns energizing pro-choice and anti-Trump voters, taking over the 2018 House of Representatives and drastically flipping seats during the November 2019 local elections.
Government Action (or Inaction)
The executive government relentlessly waged campaigns against women’s reproductive freedom over the past three years. President Donald Trump has been ranked as the most effective pro-life president in the history of America. He holds the evangelical notion that abortion is an inhumane act that deprives unborn babies of precious life granted to them by God (Prasad). In 2017, Trump signed the Mexico City Policy or the commonly known Global Gag Rule executive order, which prohibited non-government organizations being funded by the federal government from performing or promoting abortion as a family planning method; otherwise, they are defunded (Hahn 418). In 2019, Trump’s administration stepped up the war on reproductive rights, seeking to form a pro-life coalition with socially conservative governments such as Brazil and Saudi Arabia (Lynch). The campaign initiated by the administration aims to erase the reproductive rights locally and abroad as the White House strives to combat the UN’s commitment to promoting reproductive rights and health of women. In January 2020, the president attended the annual anti-abortion rally, where he addressed the public, making it clear that he stands with Americans who defend the rights of the born and the unborn (Prasad).
Trump has doubled his campaign in the fight to curb reproductive rights by initiating policies, resolutions, executive orders, and appointments. During the campaigns, the president pledged to do everything in his power to eradicate abortion and fight to reverse Obamacare that funds parental planning programs. Although Congress does not pass most of their regulations and restrictions, the Trump administration has managed to impose his gag rule on the Title X family planning program, denying immigrant minors access to affordable abortion (Starrs 485). As affirmed during the anti-abortion rally, the president plans to initiate more policies that limit access to safe and affordable abortions, including the defunding of the Planned Parenthood Program and abolition of insurance coverage for abortion (Starrs 485). The president’s decision to select an anti-choice judge, Neil Gorsuch, further confirms his plan to overturn Roe v. Wade.
However, Congress has been working to ensure the president and his administration do not misuse their powers to deny women their reproductive rights. Most of the bills introduced the house representatives in the past years under Trump’s presidency were pro-life. Congress has consistently held that such acts are unconstitutional and deprives women of their rights to terminate pregnancies. Currently, Congress is working on the Women’s Health Protection Act, whose main agenda is to prohibit unnecessary restrictions and bans that inhibit access to safe abortions (Center for Reproductive Rights 11). The bll will eliminate the 15-week, eight-week, and six-week bans on abortion if it comes into action (Center for Reproductive Rights, 12). The Act also prohibits the compulsory medical procedures mandated by the states, such as unnecessary ultrasounds. The bill was first introduced in Congress by Senator Blumenthal and Congresswoman Chu and has been reintroduced every Congress since then (Center for Reproductive Rights). The statutory rights established by the Act require providers to offer their services to their patients who wish to have abortions and ensure the services are affordable for all American women.
Moreover, since 1973, the federal courts have addressed most abortion cases in light of Roe’s protections with Supreme Court cases such as Whole Woman’s Health v. Hellerstedt ruled in favor of the constitutional reproductive rights (Harned). More than a dozen cases on abortion are pending in the federal courts, which could be appealed to the U.S. Supreme Court, presenting opportunities to address the erroneous standards put on abortion regulations. Currently, challenges for the restrictions on Title X put by Trump’s administration are pending in the Oregon, California, and Washington Federal circuit courts. The sixth circuit also reversed the decision by the trial court regarding the Ohio Law that prohibits the Department of health in the state from using funds from the federal programs to contract providers and other professionals to carry out abortions (Harned). Moreover, the federal circuits are reviewing various cases regarding the discriminations and restrictions put on abortions, including the Whole Woman’s Health v. Paxton in Texas and the Arkansas Act as enjoined in Frederick W. Hopkins v. Jegley (Harned). The states prohibit dismemberment abortions or the Dilation and Evacuation (D &A) abortions during the second semester (Harned). The case on defunding of the Planned Parenthood program is also pending in the Supreme Court. The current situation, known as the June Medical Services v Russo will determine whether Roe v Wade will remain valid in America. The case centers around Louisiana’s law that prohibits doctors without “admitted privileges” from attending to women seeking an abortion. Although most cases are undecided, the divide in the Supreme Court regarding abortion and the presence of an anti-choice judge in the court threatens the reproductive rights of women.
A significant number of States and local governments have set the terms to protect the reproductive rights of women. Although federal laws limiting termination of pregnancy have been passed in the states hindering many women from accessing safe and affordable abortion, they have enacted 94 bills to not only facilitate access to abortion but also ensure the provision of full reproductive care to women including maternal health, sexuality education and contraception (Guttmacher Institute). For instance, New York passed the Reproductive Health Act in January which eliminated abortion from its criminal code and treating the procedure as a reproductive right and health care, The state preserves the protections that were instituted by Roe. Other states, including Rhode Island, Vermont, and Illinois, followed the trend and expanded its legislation to protect women’s reproductive rights (Guttmacher Institute). Nevada passed legislation to prevent who terminate pregnancies from being executed while Maine passed a law that ensures women access Medicaid program to cover the abortions. New Mexico followed suit and repealed the pre-Roe criminal ban on abortion. The other states with constitutional and statutory protections for reproductive rights are Lowa, Minnesota, Montana, Massachusetts, New Jersey, California, Delaware, Oregon, Washington, Maryland, Nevada, Hawaii, Connecticut, and Florida (Nash and Megan). The actions of the states have set the stage for future efforts to protect women’s abortion rights.
