Sexual Health: Abortion

At Consumers4Wellnes, we uphold the outline of sexual health and sovereignty from the World Association of Sexual Health over your body, including all reproductive rights and abortion.  https://worldsexualhealth.net/wp-content/uploads/2013/08/Declaration-of-Sexual-Rights-2014-plain-text.pdf

 

Those fundamental sexual rights are in our hands as Roe vs. Wade (Abortion) has been overturned by the Supreme Court on June 24, 2022. To review the basics of what an abortion is, see this:  https://www.theskimm.com/well/abortion-laws-fetal-heartbeat-mental-physical-6KZ7b24vYb4xvfm2lpXA8

 

According to World Health Organization article https://www.who.int/news-room/fact-sheets/detail/abortion: 

 

“When carried out using a method recommended by WHO appropriate to the pregnancy duration, and by someone with the necessary skills, abortion is a safe health care intervention.  However, when people with unintended pregnancies face barriers to attaining safe, timely, affordable, geographically reachable, respectful, and non-discriminatory abortion, they often resort to unsafe abortion.  Global estimates from 2010-2014 demonstrate that 45% of all induced abortions are unsafe. Of all unsafe abortions, one third were performed under the least safe conditions, i.e., by untrained persons using dangerous and invasive methods. 

 

 

Physical health risks associated with unsafe abortion include:

-incomplete abortion (failure to remove or expel all pregnancy tissue from the uterus);

-hemorrhage (heavy bleeding);

-infection;

-uterine perforation (caused when the uterus is pierced by a sharp object); and

-damage to the genital tract and internal organs as a consequence of inserting dangerous objects into the vagina or anus.

 

Estimates from 2006 show that complications of unsafe abortions cost health systems in developing countries US$ 553 million per year for post-abortion treatments. In addition, households experienced US$ 922 million in loss of income due to long-term disability related to unsafe abortion (8). Countries and health systems could make substantial monetary savings by providing greater access to modern contraception and quality induced abortion .”

 

No matter what state you reside in, we believe it is your choice over your body, your health and wellness, your morals and spiritual values, and your sexual health.  Even if you are not in one of those states that have trigger laws in effect, we urge you to write to your local legislator and share your thoughts about these laws. How do you want this to go?

 

These letters will go to your federal legislators, the committees that are reviewing these issues (if you are in their district), and the President.  A copy of you letter will also go to our email Theresa@BridgeItMovement.com to be delivered to the major insurance companies and medical schools to support safe abortions and sexual health in our healthcare.

 

As of 8/3/22 updates: https://www.theskimm.com/news/how-your-state-handles-abortion-access-a-state-by-state-guide-to-abortion-6q1e0CUZoxiYZ54WM5qn5V?utm_source=newsletter_ds&utm_medium=email

 

As of 7/15/22, States facing lawsuits over abortion bans

 

Florida

On July 5, the state flipped the switch on Florida’s 15-week abortion ban, saying ‘it’s on.’ After an appeal, the state restored the ban just one week after a judge said ‘it’s off,’ citing the violation of the state constitution’s privacy provision. The temporary block was a small victory for Florida abortion providers, who had filed a lawsuit to stop the ban from taking effect. They say they plan on filing a motion to reinstate the hold. 

 

Meanwhile, Florida Rabbi Barry Silver is pursuing a lawsuit he brought against the state in June. It argues the 15-week ban infringes on religious liberty, since Judaism supports abortion if it’s necessary for the health and well-being of the mother. Silver is using his lawsuit as a template for others challenging state abortion bans with similar motivations.

Status of abortion: Legal until 15 weeks of pregnancy. Exceptions for life or health endangerment of the patient. Or a fetal abnormality. But no exemptions in cases of rape, incest, or human trafficking.

 

 

Idaho 

On June 27, Idaho’s regional Planned Parenthood filed a lawsuit against the state’s trigger law. Which would go into effect 30 days after the Supreme Court officially files its decision (note: that may not be until the end of August). 

The org’s arguing that the ban violates the state’s constitution. And is so vague that physicians won’t know if they can legally help patients who are miscarrying or undergoing medical emergencies. But the state’s attorney general has indicated he’s in favor of the trigger law. In response, he said that opponents should turn to “the legislature or the ballot box.” And that the state’s constitution makes no mention of abortion.  

On Aug. 3, the Idaho Supreme Court will hear about an hour of arguments for two abortion challenges: The Planned Parenthood lawsuit. And a suit filed in April on the state’s six-week abortion ban, which the court temporarily blocked that same month.    

Status of abortion: Legal until fetal viability (aka around 24 to 28 weeks), with exceptions for life endangerment. But that would change if the trigger law goes into effect.

 

 

Kentucky

On July 5, Kentucky’s Supreme Court rejected an appeal from the state’s attorney general to reinstate an abortion ban. This comes after a judge temporarily blocked two abortion bans in Kentucky: A six-week ban that was passed in April 2022. And a near-total ban that was triggered following the Supremes’ decision. The block came after the ACLU and Planned Parenthood sued, arguing that the bans violate the state’s constitution.

The ACLU praised the appeals court ruling. While state Attorney General Daniel Cameron (R) called the decision “disappointing,” And said his team would be making “a strong case” to have the laws reinstated. 

Status of abortion: Legal until 22 weeks after last menstrual period (LMP). Exceptions for life or health endangerment of the patient.

 

 

Louisiana 

On July 12, a judge in Louisiana blocked the state’s abortion ban for a second time. Meaning: Abortions are once again temporarily legal in Louisiana. This development comes four days after a New Orleans-based judge lifted the ban’s first temporary block. And centers around a lawsuit, filed by abortion rights activists. They argued that the trigger laws should be voided, since the wording is confusing and unconstitutionally vague

After the latest ruling, the state’s Attorney General Jeff Landry (R) called the back-and-forth rulings a “legal circus” and “disappointing.” While a senior staff attorney for The Center of Reproductive Rights (one of the case’s litigators) said this is “an incredible relief.” Adding that in the next hearing they’ll ask the judge for a more permanent block on the bans. 

Status of abortion: For now, abortions are legal in the state up to 22 weeks after LMP. With exceptions for life or health endangerment of the patient. Or a lethal fetal anomaly. We’ll find out if that will become permanent or change after a hearing on July 18.

 

 

Michigan 

On June 27, Gov. Gretchen Whitmer (D) said ‘remember my lawsuit?’ to the Michigan Supreme Court. Whitmer filed a suit back in April asking the state’s high court to strike down a pre-Roe ban from 1931 that criminalizes abortions — saying it violates the state’s constitution. She’s pressed the court multiple times for an answer, but has come up short on a response. Now, she’s saying that everyone — including lawmakers and health care providers — are confused about what’s allowed and what’s not. And is demanding a fast and clear ruling from the court to clear up the guidelines.

Meanwhile, abortion rights advocates in the state are fighting to put reproductive rights on the ballot in November — submitting more than 750,000 voter signatures to the Bureau of Elections in support. Plus, Whitmer and the state’s Department of Health and Human Services have launched efforts to educate residents on the difference between emergency contraception and abortion pills. She’s also asked the gov to clarify whether or not Michiganders can go to Canada for reproductive care.

Status of abortion: Legal until fetal viability, with exceptions if the pregnant woman’s life is in danger. But this would change if the pre-Roe law goes into effect.

PS: Our “Skimm This” team talked to Gov. Whitmer about her state’s fight for abortion rights. Check out the interview here.

 

Mississippi

On July 7, Mississippi’s trigger ban went into effect. And the state’s last abortion clinic, Jackson Women’s Health Organization (aka the one at the center of the Supreme Court case that overturned Roe v. Wade) closed down. The org’s owner Diane Derzis told CNN that many women “are going to be left in the lurch.” This comes after a judge rejected the clinic’s request to block the state’s abortion ban.

Status of abortion: Illegal. With exceptions for life or health endangerment of the patient. Or rape that has been reported to law enforcement.

 

 

Ohio

On July 1, the Ohio Supreme Court denied an emergency request to block the state’s six-week abortion ban. Which went into effect after the Supreme Court overturned Roe v. Wade. Groups like the ACLU and Planned Parenthood argued that the ban violated the constitution. But that didn’t stop it from going into effect.

Hours later, the ban made headlines across the US. Especially in the case of a 10-year-old victim of sexual assault, who was denied an abortion in the state. And forced to travel to Indiana for care. The child was six weeks and three days pregnant. 

Status of abortion: Banned at six weeks of pregnancy. Exceptions include life endangerment of the patient.

 

 

Texas

On July 1, the Texas Supreme Court ruled that an abortion ban from nearly a century ago could take effect. The decision came after a district judge temporarily blocked the 1925 abortion law earlier that week. 

Now, anyone who provides an abortion is vulnerable to lawsuits and financial penalties. Abortion rights activists were outraged and distraught over the decision. While Attorney General Ken Paxton (R) called it a “pro-life victory.” In addition to the pre-Roe law, the state’s trigger law is also set to take effect in late July.

Status of abortion: Illegal at any stage. It’s unclear if there are any exceptions. The state’s trigger law makes exceptions for life or health endangerment of the patient. 

 

 

Utah

On July 11, a judge allowed a temporary block on Utah’s trigger law to continue. This comes two weeks after the judge first hit pause on the ban, with the Planned Parenthood Association of Utah filing a lawsuit and arguing it violates the state’s constitution. The judge said it should stay blocked while the lawsuit plays out in court. TBD when that could wrap up.

Status of abortion: Abortions up to 18 weeks are legal, with exceptions in cases of rape, incest, and to a woman’s life.

 

 

West Virginia 

On June 29, abortion providers filed a lawsuit to stop the state’s pre-Roe abortion ban from going into effect. The suit was filed by the ACLU and its local affiliate, Mountain State Justice, and a law firm on behalf of Women’s Health Center of West Virginia. And argues that lawmakers have passed provisions that conflict with the pre-Roe abortion law over the years. 

The state’s AG has said the law is valid, though it “would still benefit from the Legislature’s further attention.” Gov. Jim Justice (R) has said he would call a special session to address the matter. Meanwhile, the state’s only abortion clinic has suspended services in fear of violating the law.

Status of abortion: Legal up to 22 weeks after LMP, with exceptions for health or life endangerment of the patient. Though that could change depending on the special session, or if a judge blocks the ban. 

 

 

Wisconsin 

On June 27, Wisconsin AG Josh Kaul (D) filed a lawsuit challenging the state’s pre-Roe abortion ban. The law, passed in 1849, would criminalize abortions. And only has exceptions for life endangerment. Both Kaul and Gov. Tony Evers (D) argue that the law is so outdated that it’s unenforceable. Because there are already more modern laws that supersede that one. While district attorneys have indicated they wouldn’t enforce the ban, Planned Parenthood of Wisconsin has still turned away some abortion seekers in fear of violating the law. It’s unclear when, or if, a hearing will be held.

Status of abortion: Legal until 22 weeks LMP, with exceptions for life or health endangerment of the patient.

 

 

States to keep on watch for future bans

 

 

Arizona

Before Arizona became a state in 1912, a near-total abortion ban was passed. It outlawed abortions in most instances, except to save the life of a mother. And anyone who helped someone get an abortion could face two to five years in prison. It was blocked in 1973 once the Supremes announced a federal right to an abortion. But on June 29, Arizona’s AG said that he would take steps to make sure the pre-Roe ban takes effect again. Gov. Doug Ducey’s (R) office is reviewing the AG’s decision.

The uncertainty has caused some Arizona clinics to stop providing procedures, in fear of the old law being enforced. Another thing that’s causing confusion: In September, a 15-week abortion ban is set to take effect — which Gov. Ducey signed into law earlier this year. It’s unclear which ban would take precedent. Which means, it’s unclear whether or not abortion is legal at this moment. 

Plus, Arizona abortion providers are asking a federal judge to block the state’s personhood law, which gives unborn children the same legal rights as other living people. Abortion activists cited vagueness, wondering if providers could be charged with aggravated assault or child endangerment for performing an abortion. But an attorney with the state’s AG office told a judge that it can’t be used to bring criminal charges against providers. 

Status of abortion: Unclear.

 

 

Georgia

Georgians are awaiting a ruling on a previously blocked six-week abortion ban. In 2019, Gov. Brian Kemp (R) signed the ‘fetal heartbeat’ measure into law. But it was later blocked by a federal judge, who ruled it unconstitutional since it violated a woman’s right to an abortion. But now that Roe v. Wade is overturned, Georgia’s attorney general asked a federal appeals court to let the law go in effect. TBD if it does. 

Status of abortion: Legal until 22 weeks after LMP, with exceptions for life or health endangerment of the patient. Though that may change, depending on the court’s ruling.

 

States taking action to cement abortion rights

 

 

California 

On June 24, California Gov. Gavin Newsom (D) signed a bill protecting abortion providers from out-of-state abortion bans. Three days later, state lawmakers gave the OK to adding a constitutional amendment to the November ballot. Specifically, Californians will decide whether to change their state’s constitution to protect their rights to an abortion

Status of abortion: Legal until fetal viability, with exceptions for life or health endangerment of the patient. 

 

 

Colorado

On July 6, Gov. Jared Polis (D) signed an executive order strengthening the state’s abortion access. He added protections for abortion providers and abortion seekers — including people traveling from out of state. He also said the state wouldn’t cooperate with abortion investigations led by other states.

Status of abortion: Legal at all stages of pregnancy.

 

 

Connecticut

On July 1, a law went into effect that protects providers and patients from out-of-state abortion bans. Meaning: If a Connecticut abortion provider performs the procedure on an out-of-state patient, they’d be protected in lawsuits. Since they had a legal cause of action for giving the abortion in Connecticut.

Status of abortion: Legal until fetal viability, with exceptions for life or health endangerment of the patient.

 

 

Delaware 

On June 29, Gov. John Carney (D) signed legislation expanding abortion access. It also protects abortion providers and seekers, including out-of-state residents. State House Rep. Melissa Minor-Brown (D) told CNN it was “a great day for women in Delaware.”

Status of abortion: Legal until fetal viability. Exceptions for life or health endangerment of the patient. Or if there is a lethal fetal anomaly.

 

 

Maine

On July 5, Gov. Janet Mills (D) signed an executive order protecting abortion access. She directed state agencies to review barriers to reproductive health care. And made it clear state agencies wouldn’t cooperate with other state’s abortion-related investigations. The measure also protects abortion providers from charges for providing care to out-of-state abortion seekers. 

Status of abortion: Legal until fetal viability. Exceptions for life or health endangerment of the patient.

 

 

Massachusetts

On June 29, state lawmakers approved a bill that protects abortion providers and people seeking abortions from other states’ laws, if they gave or received care in Massachusetts. “You see other states like Texas deputizing people to come in and arrest people in Massachusetts. That’s not going to be allowed,” House Speaker Ronald Mariano (D) said. The state Senate and governor still have to sign off on it.

Status of abortion: Legal until 24 weeks of pregnancy, with exceptions for life or health endangerment of the patient. Or if there is a lethal fetal anomaly.

 

 

New Mexico

On June 27, Gov. Michelle Lujan Grisham (D) signed an executive order safeguarding abortion access. The order says New Mexico won’t cooperate with other states that might interfere with abortion access in New Mexico. (Think: Not following through on arrest warrants from other states related to anti-abortion matters.) It also forbids state employees from helping other states investigate or take action against local abortion providers. 

Status of abortion: Legal at all stages of pregnancy.

 

 

New York

On July 1, the state legislature passed a measure that would make abortion and contraception a constitutional right. Known as the Equal Rights Amendment, it also aims to protect people from discrimination based on pregnancy, among other characteristics.

Status of abortion: Legal until fetal viability, with exceptions for health or life endangerment of the patient.

 

 

Rhode Island

On July 5, Gov. Dan McKee (D) signed an executive order protecting access to abortion services. His order ensures abortion seekers wouldn’t be subject to legal liability from other states. It also protects Rhode Island abortion providers from potential out-of-state charges. 

Status of abortion: Legal until fetal viability. With exceptions for life or health endangerment of the patient.

 

Vermont

On July 6, Gov. Phil Scott (R) announced that residents will vote on a constitutional amendment that would protect reproductive rights in November. Which includes the right to an abortion. The state already protects abortion access under state law, but this measure would further protect abortion seekers. 

Status of abortion: Legal at all stages of pregnancy.

 

 

theSkimm

The reversal of Roe v. Wade has left abortion laws across the country in disarray. And with states now in control of their own laws, we’re looking at potentially 50 different ways of handling access to the procedure. Avoid the confusion and come back here to check in on the latest changes.

Updated on July 13 with the latest abortion-related actions. https://www.theskimm.com/news/cue-the-lawsuits-how-abortion-legal-battles-are-heating-up-in-a-post-roe-3PhVTjrs2nx94DCXGWsS18?utm_source=newsletter_ds&utm_medium=email

 

 

The Skimm also stated: An end to safe abortions will greatly impact marginalized communities

 

Simply put: A reversal of Roe would not mean an end to abortions in every state. It would mean an end to safe abortions. On top of that, many already don’t have access to a supportive system after giving birth (think: paid family leave, child care, mental health care access). Here’s what else people could be facing without access to safe abortions:

  • Pregnancy-related deaths could increase. The US has the highest maternal mortality rate for developed nations. And one 2021 study estimated there could be a 21% increase in pregnancy-related deaths if abortions were banned nationwide. That translates to 140 more deaths in a year. Which brings us to…
  • A disproportionate impact for women of color. Black women are three times more likely to die from pregnancy-related causes than white women. Plus, more than half of the Black population in the US lives in the South — where many bans would take place. Meaning, less access to the procedure. Speaking of…
  • Access gets complicated. One analysis found that the average person may have to travel roughly 125 miles in the US to access an abortion provider. Compared to the current average of 25 miles. And many can’t afford to travel long distances to get the procedure done. And that takes us to…
  • Economic hardship could increase. The majority of people who get abortions are living at or below the poverty line. And many who get abortions have at least one child. Ending abortion access could affect a person’s opportunities to get an education, boost their income or build wealth. https://www.theskimm.com/news/what-happens-if-the-supreme-court-overturns-roe-v-wade-3IOztY3gXi6OFKv6PVsrYE?utm_source=newsletter_ds&utm_medium=email

 

In September, the House passed the Women’s Protection Act https://www.congress.gov/bill/117th-congress/house-bill/3755  to nationally Codify the right to an abortion.  But it did not pass the Senate by the majority that it needed. The midterm elections are coming and this will be one of the big topics.  Don’t forget to VOTE!

 

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