Among democratic nations, the United States of America has always been a country well known for its debates pertaining to women’s reproductive rights. With the presidential election around the corner, this issue continues to be a talking point amongst politicians and citizens in general. Recently, the state of Mississippi has been fighting to effectively outlaw abortion and has succeeded in passing legislation which may soon leave no operational abortion clinics in the state.
Seeking an abortion was deemed a constitutional right with the 1973 Supreme Court decision on Roe v. Wade. Before this ruling was made, states had the power to decide whether or not abortions would be legal on their territory. At that time, it was illegal in 30 states, and in the remaining 20 it was only legal with certain preconditions. Roe v. Wade established that a woman had the right to an abortion under the due process clause of the 14th amendment. The ruling stated that a woman was allowed to have an abortion until ‘viability’ which is the time when the fetus could survive outside the womb. However, abortions were permitted after viability for a number of reasons, including psychological stress of the mother.
Although abortions are legal in the US, finding a provider can be difficult in certain demographic areas. 87% of counties have no abortion clinics and many states do not cover abortions in their health programs.
The battle against pro-choice legislation was always noticeable in Mississippi. However, increasing attention was paid to it in the past few years. Last fall, a constitutional amendment was suggested on the definition of ‘personhood.’ This amendment would consider the fertilization of an egg to automatically create a human being. It was rejected by voters.
Despite this setback, anti-abortion activists had their moment of glory this spring when state representatives passed legislation which mandated that doctors who perform abortions must be board certified gynecologists and obstetricians, as well as having privileges to admit people to a hospital. Politicians have stated that this law was set in place in order to ensure the safety of all women undergoing this medical, and sometimes surgical, procedure.
Currently the state of Mississippi has no doctors performing abortions with these certifications. However, the problem seems to largely be the fault of the hospitals. The two doctors working at the Jackson abortion clinic have stated that they applied to all hospitals in the city but have not heard back. In fact, when a call was made to a Catholic hospital in order to inquire about admission privileges, the representative simply told the doctors ‘don’t bother.’
The law which was to essentially ban abortion in Mississippi was set to take effect on July 1st. However, the abortion clinic (known as the Jackson Women’s Health Organization) sued the state of Mississippi on June 27th, looking to block the law. US District Judge Daniel P. Jordan III, who was presiding over the case, issued a temporary block on the 1st of July, stating that the ‘plaintiffs will not be subject to the risk of criminal or civil penalties at this time or in the future for operating without the relevant privileges.’
It would seem that the judge agreed with the clinic about the ridiculous bureaucracy in place preventing them from gaining hospital admission privileges, and did not want to penalize the clinic financially. He stated that ‘there would be a chilling effect on the plaintiffs’ willingness to continue operating the clinic until they obtained necessary privileges’ were they to be fined.
The clinic is going to continue its attempt to obtain admitting privileges at a local hospital. If this clinic shuts down, women will have to go out of state for abortions, with states such as Louisiana requiring multiple visits. The exorbitant costs associated with this procedure may force women to obtain back-alley abortions, ultimately endangering their lives. While there are complications with about 0.3% of abortions performed in proper facilities, the health of women has a high chance of deteriorating if they obtain abortions out of sheer desperation from individuals who are not certified.
Mississippi currently had the country’s highest teenage pregnancy rates, which are more than 60% greater than the national average.
For more information:
Roe v. Wade oral arguments and transcript: http://www.oyez.org/cases/1970-1979/1971/1971_70_18#argument
Roe v. Wade ruling: http://www.foxnews.com/projects/pdf/roevwade.pdf
Injunction order: http://www.mslitigationreview.com/uploads/file/abortionPIOrder.pdf
Jackson Women’s Health Organization website: http://www.jacksonwomenshealth.com/index.shtml