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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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