What is the relationship of health and abortion in law? How do the responses to this question change as one moves through various historical periods, from states to the national level in federations, or from the domestic to the international arena? Does conceiving (pun intended) of abortion as tethered to women’s health result in more authority, autonomy, equality, or safety for women — or less?When contraception and abortion were legal in England and the United States, the banner of health provided arguments for their criminalization. Once contraception and abortion were criminalized, health became one of the justifications for regimes of partial decriminalization that allowed conditional access to methods of controlling fertility. For example, doctors and midwives who could demonstrate a patient’s health-based need for a “therapeutic” abortion sometimes had defenses to criminal prosecution. “Health” similarly justified immunities for those who sold condoms to men.

Roe v. Wade reflects both these traditions: in Roe, “health” offers reasons for regulation as well as for exemption from regulation. Roe recognizes, in the second trimester of a pregnancy, the state’s interest in regulating abortion to protect maternal health, and in the third trimester, the state’s interest in regulating abortion to protect potential life — so long as government allows women access to abortions necessary to protect their lives or health. (more…)

I had the pleasure of attending Law Students for Reproductive Justice’s West Regional Conference last Sunday.  Among the amazing speakers, was Apsen Baker, of Exhale. Just saying the org.’s name puts me at ease.  Knowing that Exhale provides women the ability voice to their experiences with abortion, free from judgment or the risk of damage to personal relationships, gives me great comfort. 

At the end of Aspen’s presentation, she posed a question to our group, “What do you think is the role of law students and the legal community in creating a more supportive and respectful social climate around abortion?” Support and respect are not central tenants of a profession that is inherently adversarial, so I found this question challenging. (more…)

On Sunday, Americans will unite in front of television screens across the county, but two things will divide them: team affiliation and abortion. Yes, abortion will be part of this year’s Super Bowl festivities because Focus on the Family, the uber-conservative “family values” group, has purchased an advertising slot allegedly featuring quarterback Tim Tebow’s mom discussing her decision not to terminate her pregnancy despite her doctor’s recommendation. The message being: “If I’d had an abortion, my son never would have won the Heisman.”

Although Americans are used to taking sides on Super Bowl Sunday, how will they react when they’re asked to take sides on one of our nation’s deepest cultural divides during the Big Game? Some national women’s and reproductive rights organizations, including LSRJ, have already reacted–they’re petitioning CBS to pull the ad. This seems like a reflexive, even if justified, reaction. Though I haven’t seen the ad, I’m relatively certain that if it crossed my screen on Sunday, my TV and I would have it out–as we often do when I’m blindsided by bigotry and intolerance wrapped up in American flags, bald eagles, and yes, football uniforms. However, reproductive justice organizations aren’t being blindsided by the ad, so we have the time to formulate a well-reasoned, articulate response. (more…)