The Giant Threat Lurking Behind Florida’s November Abortion Vote

BY MARK JOSEPH STERN
APRIL 02, 2024

The Florida Supreme Court seemed to offer a compromise Monday when it greenlit the state’s six-week abortion ban while simultaneously approving a ballot initiative that would, if enacted, create a constitutional right to reproductive freedom. And indeed, the court’s split decision offers hope that Floridians can reestablish their state as an abortion refuge in the South this November. But an ominous current lurked beneath the rulings: Six of the court’s seven justices appeared to endorse fetal personhood under the state constitution as it stands now, expressing support for—as one justice put it—“the unborn’s competing right to life” over the patient’s right to bodily autonomy. The majority’s rhetoric indicates that if the pro-choice amendment fails this fall, the Florida Supreme Court remains ready to grant fetuses and embryos a constitutional right to life that prohibits the Legislature from legalizing abortion in the future.

Continued: https://slate.com/news-and-politics/2024/04/florida-november-abortion-vote-desantis.html

USA – Why the rift between anti-abortion activists and Republican lawmakers is growing

Alabama supreme court’s decision causing a temporary halt in IVF care shines spotlight on problem between two groups

Ava Sasani
Sun 17 Mar 2024

There is a growing rift in the decades-old marriage between anti-abortion activists and Republican lawmakers.

The problem came into view last month, after a bombshell decision from the Alabama supreme court temporarily halted in vitro fertilization (IVF). The ruling, which described frozen embryos as “extrauterine children”, unraveled when the Republican-controlled legislature passed short-term protections for IVF providers.

Continued; https://www.theguardian.com/us-news/2024/mar/17/anti-abortion-activists-republican-lawmakers-ivf-alabama

18.03.2024

News

fetal personhood

Heritage Foundation

in vitro fertilization

IVF

Kay Ivey

Life at Conception Act

USA – The anti-abortion playbook for restricting birth control

Contraception, like IVF, poses problems for those claiming personhood begins at conception.

By Rachel M. Cohen
Mar 3, 2024

The national debate over IVF, unfolding after an Alabama court decision prompted multiple clinics in the state to halt operations, prompts a question: What might be next? Could other fertility treatments and even birth control be under threat given that Roe v. Wade is no longer the law?

If the idea that birth control could be at risk in America strikes you as hard to believe, I understand.
There’s no proposed legislation on the table to ban it, and it does seem unbelievable that contraception — which an overwhelming majority of US women, including religious and Republican women, have used and support — could one day disappear.

Continued: https://www.vox.com/24087411/anti-abortion-roe-dobbs-birth-control-contraception-ivf

Alabama is using the notion that embryos are people to surveil and harass women

Even before the court ruled in favor of this vulgar fiction, state authorities relied on the concept to intimidate and jail women

Moira Donegan
Mon 26 Feb 2024

Something that’s important to remember about last week’s ruling by the Alabama supreme court, which held that frozen embryos were persons under state law, is that the very absurdity of the claim is itself a demonstration of power. That a frozen embryo – a microscopic bit of biological information that can’t even be called tissue, a flick laden with the hopes of aspiring parents but fulfilling none of them – is equivalent in any way to a child is the sort of thing you can only say if no one has the power to laugh at you. The Alabama supreme court is the final court of review in that state. It cannot be appealed. For the foreseeable future, frozen cells in Alabama have the same legal status there as you or I do. Is this an absurd elevation of the status of an embryo, or an obscene degradation of human beings? The answer, of course, is both.

Continued: https://www.theguardian.com/commentisfree/2024/feb/26/alabama-ivf-frozen-embryos-surveillance

India – The abortion right need not pit the woman against the foetus

Recent decisions from South Korea and Colombia have recognised that restricting abortion did not really protect the foetus. It simply pushed women to seek unsafe abortions and harmed their health.

Written by Gauri Pillai
October 21, 2023

The abortion right is in a state of flux globally. Much of it has to do with the role of foetal interests (or, in some contexts, foetal life) in setting boundaries to the right. The foetus played a significant role in the 2022 United States decision to roll back the right to abortion and the 2020 Polish decision to prohibit abortions on grounds of severe foetal anomaly. It also posed a challenge to the 2019 South Korean and the 2021 Colombian decisions to fully and partially decriminalise abortion.

In India, in contrast, foetal concerns have historically not been a major part of abortion regulation. At the time of passing the Medical Termination of Pregnancy (MTP) Act in 1971, only two members of Parliament protested against abortion (calling it “murder”). The others endorsed it and affirmed that “there is no violation of the right to life in any manner”. Courts, too, have followed a similar trend. At the very least, they have refused to enter into the question of whether the foetus has a right to life. In 2016, the Bombay High Court categorically decided that the right to life begins only at birth.

Continued: https://indianexpress.com/article/opinion/abortion-right-woman-against-foetus-8993586/

21.10.2023

Medical Termination of Pregnancy Act

Her body, her choice: Why a woman’s right to terminate her pregnancy must be upheld
For abortions within 24 weeks of gestation, there is no legal requirement for pregnant persons to approach courts for permission. Yet, the petitioner in a recent case was forced to approach the Supreme Court, as healthcare providers disregarded her decisional autonomy to terminate her pregnancy.

Written by Dipika Jain
October 15, 2023

A 27-year-old married woman, mother of a four-year-old and a one-year-old, filed a petition with the Supreme Court to terminate an unplanned and unwanted pregnancy. Her husband was the sole earning member of the family, supporting the family, his sister and his mother. The petitioner discovered her pregnancy late due to Lactational Amenorrhea, a condition where breastfeeding suppresses menstruation. She was dealing with postpartum depression and was not mentally prepared to have a third child, which led to a suicide attempt. She approached several healthcare providers to terminate her pregnancy, but most doctors declined as she was 20 weeks pregnant. On October 4, 2023, she approached the Supreme Court seeking permission for abortion under the Medical Termination of Pregnancy Act along with the associated Rules.

Continued: https://indianexpress.com/article/opinion/her-body-her-choice-woman-terminate-pregnancy-upheld-8983912/

15.10.2023

lactational amenorrhea

Medical Termination of Pregnancy Act

postpartum depression

An Alabama woman was imprisoned for ‘endangering’ her fetus. She gave birth in a jail shower

Exclusive: Ashley Caswell, one of a growing number of jailed pregnant women in Etowah county, is suing officials after she was denied care

Sam Levin in Los Angeles
Fri 13 Oct 2023

In March 2021, sheriffs in Etowah county, Alabama, arrested Ashley Caswell on accusations that she’d tested positive for methamphetamine while pregnant and was “endangering” her fetus.

Caswell, who was two months pregnant at the time, became one of a growing number of women imprisoned in the county in the name of protecting their “unborn children”.

Continued: https://www.theguardian.com/us-news/2023/oct/13/alabama-pregnant-woman-jail-lawsuit

Republicans Want to Control Your Pregnancy, Not Just Your Abortion

Nearly 1,400 prosecutions of pregnant people occurred in the 16 years leading up to Dobbs in 2022, a new Pregnancy Justice report finds.

10/9/2023
by TALLULAH COSTA, Ms. Magazine

The war on reproductive justice wages on, and the right to a safe and healthy pregnancy hangs in the balance—according to a new report “The Rise of Pregnancy Criminalization,” by Pregnancy Justice, an organization dedicated to defending “the civil and human rights of pregnant people,” and guided by a reproductive justice framework. Analyzing data from 2006 to 2022, the report offers the first and only comprehensive study of the criminalization of people for their actions while pregnant during the Roe era.

The report shows an alarming rise in pregnancy criminalization, increasing three-fold over the past 16 years. The states where fetuses are recognized as people under criminal law, as decided by state supreme courts, are also the states with the most striking data for prosecutions of pregnancy. Just five Southern states are largely responsible for this increase in arrests: Alabama, South Carolina, Tennessee, Oklahoma and Mississippi.

Continued: https://msmagazine.com/2023/10/09/pregnancy-jail-prison-arrest-women/

UK – Abortion prison sentence shows the law is focused on foetuses – why that’s dangerous for women

June 16, 2023
Emma Milne

The imprisonment of a woman in the UK for taking abortion pills at 32-34 weeks of pregnancy has shocked many. Most people are still unaware that abortion at any stage of pregnancy is illegal in England and Wales, unless authorised by two doctors.

Any woman who obtains abortion medication from sources other than an official provider faces the prospect of life imprisonment under the Offences Against the Person Act 1861. As does any woman who uses legally obtained medication in any way other than as directed, for example, delaying taking the medication.

Continued: https://theconversation.com/abortion-prison-sentence-shows-the-law-is-focused-on-foetuses-why-thats-dangerous-for-women-207648

16.06.2023

Opinion

criminalization of abortion

Emma Milne

fetal personhood

fetal protection laws

jailing women for abortion

Offences Against the Person Act 1861

USA – THE FIRST “WRONGFUL DEATH” CASE FOR HELPING A FRIEND GET AN ABORTION

The lawsuit’s long game — beyond instilling fear — is establishing fetal personhood, the holy grail of the anti-abortion movement.

Mary Tuma
April 26 2023

“YOUR HELP MEANS the world to me,” a grateful Brittni Silva texted her best friends, Jackie Noyola and Amy Carpenter, last July. “I’m so lucky to have y’all. Really.”

A month after the U.S. Supreme Court overturned Roe v. Wade, the Houston mother of two experienced an unplanned pregnancy with her now ex-husband and allegedly sought abortion care with the help of her friends. For nearly a year, Texas had imposed a six-week abortion ban, and a full “trigger” ban would be enacted in just a few weeks. Silva needed to act fast and extricate herself from what appeared to be an emotionally unhealthy relationship with a husband she would go on to divorce in February. Her friends offered their unwavering support.

Continued: https://theintercept.com/2023/04/26/abortion-wrongful-death-texas-lawsuit/