Reproductive rights
took a beating in 2015. According to a
year-end report
released by the Center for Reproductive Rights, nearly 400
anti-abortion bills were introduced across the country in 2015, up from
335 provisions
introduced in 2014. The bills ranged from regulation of medication
abortions to all-out bans on the most common method of second-trimester
abortions, and the Guttmacher Institute reports 57 of them were enacted.
The few pieces of good news can be found in access to contraceptives:
Oregon became the first state this year to expand access to birth
control medication by offering it over the counter for up to a year's
supply, and California passed a law that allows women to get birth
control directly from a pharmacist.
In the final days of 2015, Gov. Cuomo in New York
signed legislation
that permits pregnant women to enroll in the state's health insurance
exchange at any point during the year by making pregnancy a "qualifying
life event." For everyone without a qualifying life event, enrollment is
only available from October through December. New York is the first
state to pass such legislation.
But generally, the good news has been limited. Here are some of the
most impactful state restrictions that became law this year—and that are
likely to affect millions of women of reproductive age:
Medication abortion restrictions: Arkansas' HB 1578 requires providers to tell patients that the effects of the "
abortion pill"—a drug called mifepristone, or RU-486, which is used in conjunction with another pill that is taken at home—
can be reversed. This claim has been refuted by the
American Congress of Obstetricians and Gynecologists and in
medical studies. In the
same measure,
abortion counselors are required to include in their sessions
inaccurate information about fetal pain during the procedure and women's
mental health problems after it. Multiple studies have
debunked the claim that most women regret their abortions after the fact.
The state Legislature in Arkansas, which was ranked the
second-worst state for women's and children's well-being by
the Center for Reproductive Rights for its mass of restrictions this
year, also passed laws banning telemedicine when it's used for
medication abortion. The technology—involving video conferencing and an
automated drawer that pops out and contains the medication—has allowed
physicians to administer mifepristone remotely. This method is
particularly beneficial for women
who live in rural parts of the state and cannot afford the time or money to drive to a clinic in a metropolitan area.
Arkansas implemented an additional restriction on medication abortion
that requires doctors prescribing mifepristone to adhere to the
original FDA-approved dosage. This sounds reasonable, but it actually
decreases the effectiveness of the drug and increases the likelihood of nasty side effects. (Molly Redden reported on
increased restrictions around medication abortion in
Mother Jones' September/October issue.) Idaho also passed laws banning telemedicine specifically when it's used for medication abortions by
requiring physicians to be physically present while administering mifepristone. Doctors who administer the medication must also have
admitting privileges at local hospitals
or a written transfer agreement with another doctor who does have those
privileges. These requirements often disqualify physicians from being
able to offer abortion services.
Unprecedented bans against the most common procedure for second-trimester abortions:
In April, Kansas passed legislation that made it the first state to
explicitly restrict the most common procedure for second-trimester
abortions. The wording of the law is ambiguous and does not use medical
language—for example, it refers to the fetus as an "unborn child"—and it
bans what is referred to as "dismemberment abortion." In the law, the
procedure is defined as "knowingly dismembering a living unborn child
and extracting such unborn child one piece at a time from the uterus."
The
focus of the law appears to be on the use of the
dilation and evacuation method, a method considered by medical
professionals to be the safest way to terminate a pregnancy, and which
is used in most abortions after the 12th week of pregnancy. A Kansas
district court judge, Larry Hendricks,
blocked the law
less than a week before it was to take effect, and the Kansas Court of
Appeals heard oral arguments regarding the law's constitutionality in
early December. However, because the case is being presented before
all the appeals judges rather than the traditional three-judge panel, the timing for a final ruling is uncertain.
Oklahoma
passed a similar law targeting
dilation and evacuation abortions, using even more gruesome language.
The law defines "dismemberment abortion"—a popular term
among "right to life" advocates—as
" purposely dismember[ing] a living unborn child and extract[ing] him
or her one piece at a time from the uterus through use of clamps,
grasping forceps, tongs, scissors or similar instruments that, through
the convergence of two rigid levers, slice, crush, and/or grasp a
portion of the unborn child's body to cut or rip it off."
A temporary injunction in October was also applied by a judge in this case, and the law is pending a final ruling.
Waiting periods: North Carolina extended the waiting
period from 24 hours to 72 hours, tripling the time between
state-mandated abortion counseling and actually receiving an abortion.
All 12 states in the Southeast
have state laws that mandate a waiting period, with the exception of
Florida, which tried to pass a 24-hour waiting period this year, but the
law was
blocked by a circuit court judge
and is pending a final ruling. Oklahoma also passed a law that expanded
the state's 24-hour mandatory waiting period to 72 hours.
Tennessee Legislature scales back abortion access: Amendment One, which passed
in late 2014, amended the
Tennessee
state constitution to declare that it does not protect a woman's right
to an abortion or funding for abortions (despite the well-known fact
that state and federal dollars
cannot legally be used to fund abortion, anyway). The amendment, which was one of the
most expensive ballot measures in the state's history, gave state lawmakers more power to control abortion access and
opened
the door to a number of restrictive measures in 2015. Twelve bills
restricting abortion access were presented before the Legislature this
year, including a mandatory
48-hour waiting period.
Also in Tennessee, a woman who
attempted to self-induce a miscarriage in her bathtub after 24 weeks of pregnancy now faces a first-degree attempted
murder charge.
Less than six months after Amendment One was approved, Tennessee also
passed a law requiring clinics performing more than 50 surgical
abortion procedures per year to meet standards of ambulatory surgery
center, which basically amount to hospital standards. This is an example
of a TRAP law (short for Targeted Regulation of Abortion Providers),
which focus not on women seeking abortions but on the practitioners who
provide them. The additional construction, infrastructure, and
maintenance costs can bankrupt these providers, as
Mother Jones has previously reported.
Parental consent: By adding yet
another requirement,
Arkansas' lawmakers tightened restrictions for women under the age of
18 who are seeking an abortion without parental consent. In order to
waive the state's parental-consent requirement, these young women must
go through a judicial bypass procedure in which they appear before a
judge to receive permission to have the procedure. But they now must
also undergo an "evaluation and counseling session with a mental health
professional" so that a judge can rule whether there is "clear and
convincing evidence" that a minor is mature enough for the procedure and
that an abortion is in her best interests. The law does not mandate
any kind of time limit on the court proceedings, so it's possible a
slow-moving petition could delay a teen's pregnancy until it is illegal
for her to go through with the abortion. The law also requires that a
minor file the petition in a court in the county where she resides,
further
compromising her privacy.
Ban after 20 weeks: This year
, West
Virginia became the 15th state to ban abortions after 20 weeks of
pregnancy. Although the governor vetoed the legislation, the state
Legislature overrode his veto and passed the bill into law. The law is
especially restrictive, offering no exceptions for victims of rape or
incest, and it only provides a highly limited exception for women whose
lives are endangered by their pregnancy or for fetal abnormalities.
Arkansas lawmakers passed a similar ban on abortions after 12 weeks, but
the measure was
struck down
in the US Court of Appeals for the Eighth Circuit. "By banning
abortions after 12 weeks' gestation, the act prohibits women from making
the ultimate decision to terminate a pregnancy at a point before
viability," the appeals court said.
Elizabeth Nash, a state policy analyst at the Guttmacher Institute,
said that even though 2015 was a tough year, it could get worse in 2016.
"In 2016, abortion restrictions are again expected to be on the front
burner in many state legislatures," Nash said. "It does not appear that
the pending US Supreme Court case is slowing down abortion opponents. We
expect to see a host of abortion restrictions in 2016, including
restrictions related to medication abortion, bans on abortion in the
second trimester and TRAP laws including the disposal of aborted
tissue."
