When Abortion Rights Are Under Attack, What Do We Do?
Stand up, fight back
Hi friends! What a week. I had written a newsletter draft on Sunday about what we can all do about abortion as I thought it was timely and not enough people were talking about it. Well, the universe decided to one-up me on Monday night by releasing a draft opinion that would both uphold the Mississippi 15-week ban and repeal Roe. To clarify, this opinion is only a draft and abortion is still legal… for now. I felt the collective gut punch as we all scrambled to read the Politico article, doom scroll Twitter, and analyze what this means for us. In an effort to help folks understand a bit more of what’s going on, I’ve written out what’s happening in the states, the court, and what you can do. I’ve added some fitting Real Housewives GIFs as we can all use a giggle in these trying times.
State abortion bans aka Republican governor’s wet dream
The fight for abortion rights is happening in every state. If you’re looking for a good place for a summary of state abortion laws, Guttmacher is my go-to. Abortion bans have been introduced in 30 states this year. Several have passed including Arizona (15 weeks), Florida (15 weeks), Idaho (6 weeks), Oklahoma (6 weeks), and Kentucky (15 weeks). Please note that Kentucky is proof a Democratic governor can’t always save you as the KY’s Republican-led legislature overruled the Democratic governor’s veto.
Because many people don’t know they are pregnant until after six weeks, laws banning abortion after six weeks effectively ban most people’s access to abortion. Fifteen weeks is also far too short for a person to obtain an abortion as many clinics are now completely overwhelmed. There are also the waiting periods in many states that require you wait a set amount of time after consulting a doctor before you can have the procedure. And that’s for people who can afford to take off work to go to the doctor (more than once if there’s a waiting period), travel to the doctor (likely greater distances now as clinics begin to shut down for fear of litigation or understaffing), and you can afford the procedure (the Hyde Amendment bans federal funds aka Medicaid from covering abortions).
What’s going on with the Supreme Court aka what you needed to know before Monday night?
The Supreme Court heard Dobbs v. Jackson back in December 2021. The case involves a Mississippi law that basically bans (almost) all abortions at 15 weeks. The court will rule on whether the 15-week ban is constitutional as well as whether they think Roe is constitutional. If you think this sounds like something that happened a few years ago, you’re right. In 2016, a similar case out of Texas went to the Supreme Court. But, we had a much different make-up of the court in the pre-Trump world. I also had much less white hair in a pre-Trump world, but I digress.
The real problem with Dobbs is Mississippi asked the court to (1) uphold their ban, (2) overturn Roe, and (3) determine there is no constitutional right to abortion. Upholding the ban would be terrible for Mississippi, but the other asks would impact the entire country (see Monday night’s draft opinion). Many states have laws already in place that state if Roe is overturned, total abortion bans in their state go into effect immediately or within 30 days. Also, the precedent behind why abortion is constitutional also dictates why many other things are constitutional, like access to contraception and gay marriage. So, this decision could completely unspool our giant yarn ball of progress faster than a bored cat.
Now that I’ve scared the shit out of you, here’s what you can do.
Donate to abortion funds. I say this with love but Planned Parenthood has plenty of money. By donating to your local abortion fund, you’re helping people in your area access care, transportation, child care, and anything else they need. Find one here. Also, support your local abortion clinics. Find one here.
Remember not to center white women. Remember when advocating for abortion to focus on all communities, not just white women. Monica Simpson of SisterSong wrote a great op-ed in the New York Times about this. If abortion bans continue, Black and Latinx women will be the most impacted. Also, modern-day abortion politics are based in racism. Don’t believe me? Watch Reversing Roe on Netflix.
Also, remember not to center women. It’s also important to make sure we aren’t using language that excludes people who can get pregnant and who don’t identify as women. Trans and nonbinary people also have abortions, need to access health care related to a pregnancy, and use contraception. It’s more inclusive to say “people who can get pregnant” or “pregnant person.” If you didn’t know that, it’s okay. Now you do!
Normalize abortion. A lot of people are uncomfortable talking about abortion because it’s been so stigmatized in our culture. I highly recommend this book detailing different stories of abortion from people across the United States. Shout Your Abortion also does a great job of normalizing abortion. I would bet my next paycheck you know someone who has had an abortion, you just don’t know it.
Talk about this with family and friends. I know it’s tough and uncomfortable, but being forced to carry a pregnancy to term is the alternative. And I guarantee that would be much more uncomfortable than telling Uncle Kevin why he’s wrong… again. Here are some guides from the ACLU, Planned Parenthood, and another Planned Parenthood. I’m sure there are more out there! You’re not going to change their mind overnight (or maybe ever) but forcing people to think critically about this issue is important.
Alright friends, that’s all I have this week. The only thing that’s ever served me in dark times is knowing that so many before us have overcome these obstacles and won. Amanda Gorman says it so beautifully “We feared it at its inception. We did not feel prepared to be the heirs of such a terrifying hour, but within it, we found the power to author a new chapter, to offer hope and laughter to ourselves so while once we asked, how could we possibly prevail over catastrophe? Now we assert, how could catastrophe possibly prevail over us?”
Please remember to take care of yourself. Onward to fight the good fight! See you next week.