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Feminist Court Watch
Restrictions on Reproductive Rights
"Roe
v. Wade was not the end of the abortion debate. Opponents
to legalized abortion immediately in 1973 began to pass legislation
to cut off access to abortion. We have had to fight one legislative
effort after another at the state and federal levels to curb
abortion rights and family planning..."
Eleanor Smeal, President
Feminist Majority (1996) |
Since 1973, the right to safe, legal, and accessible
abortion for all women has been attacked by the
anti-choice right wing and systematically eroded.
Even though Roe v. Wade constitutionally protects a woman's
right to choose, many women face prohibitive obstacles preventing
full access to safe, legal abortion and family planning services.
Medicaid Restrictions: Most low-income women who depend
on Medicaid for their health care needs cannot afford a first trimester
abortion, a $200-400 expense. A second trimester abortion can range
from $400-$2,000. Despite this cost, the Hyde Amendment bans
the use of federal Medicaid funds to provide abortions, except in
cases of rape, incest, or life endangerment. Though states may choose
to fund abortions for poor women using state Medicaid dollars, only
17 states do not have some sort of Hyde Amendment provision for
state funds (NARAL, 1/03). Therefore, the vast majority of poor
and low-income women in the United States are denied access to abortion
services. In 1980, the US Supreme Court upheld the Hyde Amendment
in Harris v. McRae.
Parental Consent and Notification Laws: 43 states have enacted
parental consent or notification laws requiring women under the
age of 18 to get the permission of, or inform, one or more of their
parents (NARAL, 1/03). Many young women, fearing their parents'
reactions, seek out back-alley abortions instead of telling a parent.
In Bellotti v.
Baird and Bellotti
v. Baird II, the US Supreme Court upheld a state's right
to require minors to obtain parental consent to access an abortion
but required states to provide a means for minors to obtain an exemption
through a judicial bypass from a judge. A judicial bypass option
in theory allows minors to bypass parental consent requirements
if a judge feels she is mature enough to make the decision, but
bypasses can be logistically difficult to obtain and an anti-abortion
judge may refuse to grant the minor's request.
Shortage
of Abortion Providers: In 2001, only 12% of ob/gyn residency
programs included training in the provision of abortion and over
half of abortion providers were over the age of 50. Moreover, 86%
of US counties and 95% of rural counties do not have an abortion
provider. This means that many women must drive hours and even cross
state-lines to obtain an abortion. (2001)
Anti-Abortion Violence: Many clinics experience some form
of severe violence, including arsons, bombings, blockades, invasions,
death threats, stalking, and murder. Abortion providers, fearing
for their lives, frequently must work behind bullet proof glass,
metal detectors, and bullet proof vests. As a result, fewer and
fewer doctors are willing to provide abortions. Anti-choice
violence endangers the lives of doctors, clinic workers, and the
women who turn to clinics for abortion and other reproductive health
care services. more>>
Court cases: In the years following Roe v. Wade,
though the ruling has not been overturned, subsequent court cases
and federal statutes have placed restrictions on a woman's ability
to exercise her right to choose an abortion. more>>
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