States across the country are preparing for a possible day when Roe v. Wade is overturned.

Roe, the 1973 Supreme Court decision, specifies that a woman has a right to an abortion, and states are not allowed to interfere with that right. But abortion activists — both for and against — say the high court will be forced to rule on it in upcoming sessions.

Five states have already outlawed abortions with “trigger laws,” legislation that isn’t active unless Roe v. Wade is no longer in effect. “Trigger laws” are a way to ensure that abortion will be automatically illegal in the event that states are allowed to regulate the procedure.

Another eight states have introduced bills this legislative session that, if passed, would also outlaw abortion. Though three of those aren’t technically “trigger laws, all will be inactive unless Roe becomes ineffective, either through a full repeal or a handful of small anti-abortion-rights decisions.

“Trigger laws” date back to the year Roe was decided, and one or two conservative states have historically introduced them every legislative session. But those measures failed. This year has been different.

“There’s been so much more this year,” Elizabeth Nash, a senior state issues manager at the Guttmacher Institute, said. “And these are getting attention. They’re not just getting introduced and fizzling out like they used to.”

Liberal states are also preparing for a post-Roe v Wade world, passing laws that would maintain or expand access to abortion. In New York, lawmakers passed the “Reproductive Health Act” in January, which protects access to abortions after 24 weeks if the fetus is not viable or if there is risk to the mother’s health. Similar proactive laws in New Mexico, Virginia, Vermont have been introduced and gained traction.

The following is a list of every state that has enacted or proposed a “trigger law” or a full ban on abortion.

States that have enacted “abortion ban” laws

Arkansas

Name of law: Act 180, “An Act to Create the Arkansas Human Life Protection Act; to Abolish Abortion in Arkansas and Protect the Lives of Unborn Children; and for Other Purposes.”

Date passed: February 19, 2019

In February, Arkansas become the fifth state to have a “trigger law” on its books. It states “abortion in Arkansas is abolished” in the event that Roe v. Wade is overturned and does not make exceptions for rape or incest.

The legislation also implores the Supreme Court to reconsider Roe v. Wade. Act 180 likens abortion access rights to that of racial segregation laws, stating “a crime against humanity occurs when a government withdraws legal protection from a class of human beings resulting in severe deprivation of their rights.”

“The State of Arkansas urgently pleads with the United States Supreme Court to do the right thing, as they did in one of their greatest cases, Brown v. Board of Education, which overturned a fifty-eight year-old precedent of the United States, and reverse, cancel, overturn, and annul Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey,” Act 180 reads.

Louisiana

Name of law: “Human Life Protection Act

Year passed: 2006

Louisiana already has some of the most restrictive abortion access laws in the country, but in the event that Roe v. Wade is overturned, the procedure will automatically be illegal. The “Human Life Protection Act” reads that the law would “become effective immediately” in the event a decision by the Supreme Court “reverses, in whole or in part… thereby, restoring to the state of Louisiana the authority to prohibit abortion.” The law does not give exceptions in the case of rape or incest.

A more recent abortion restriction proposed in Louisiana, which would have required abortion providers to obtain admitting privileges at a nearby hospital, was temporarily blocked by the Supreme Court in February. It was the first abortion-related case that Justice Kavanaugh decided on since joining the court last year.

Even though Kavanaugh wrote the dissenting opinion, abortion rights activists didn’t get a clear look into how the new justice may view abortion issues in the future, said Travis Tu, lead counsel on the case for the Center for Reproductive Rights, a pro-abortion rights legal advocacy group.

“Justice Kavanaugh plays his cards very close to the vest in this ruling,” Tu said in a telephone interview with CBS News. “This is just one step in a long game.”

Mississippi

Year enacted: 2007

In the event that the Supreme Court overturns Roe v. Wade, Mississippi’s state attorney general would first have to certify the decision and that “it is reasonably probable that [an abortion ban] would be upheld by the Court as constitutional.” The state’s abortion ban makes exceptions in the event that the mother’s life is at risk and in cases of rape “if a formal charge of rape has been filed with an appropriate law enforcement official.”

Physicians who administer abortions could face between one and ten years in prison, according to the law. Mississippi only has only operational abortion provider.

South Dakota

Year enacted: 2005

South Dakota has had a trigger law in its books for nearly 15 years. The law dictates that physicians are prohibited from administering any kind of abortion — medicinal or surgical — except if the mother’s life is at risk. The law does not make exceptions for rape and incest.

Physicians who perform an abortion would be guilty of committing a Class 6 felony in the state if the law is in effect.

The law notes that the act is only “effective on the date that the states are recognized by the United State Supreme Court to have the authority to regulate or prohibit abortion at all stages of pregnancy,” meaning that as long as Roe v. Wade is in effect, South Dakota’s law isn’t.

North Dakota

Year enacted: 2006

In the event that Roe v. Wade is overturned, administering an abortion would be considered a felony for the provider under North Dakota’s “trigger law.” The law provides exceptions if the women’s life is in danger or if the abortion “was to terminate a pregnancy that resulted from gross sexual imposition, sexual imposition, sexual abuse of a ward, or incest.”

North Dakota has only one operating abortion clinic.

States with proposed “abortion ban” laws

Georgia

Name of lawHouse Bill 546

Date proposed: February 28, 2019

Status: It was read a second time in the state’s House of Representatives on March 1, 2019. It hasn’t been assigned to a committee yet.

Unlike other “trigger laws,” Georgia’s legislation is a simple ban on abortion. The proposed law calls for up to 10 years in prison and a fine of as much as $100,000 for physicians who perform one.

Because the bill doesn’t explicitly say this law only goes into effect if Roe v. Wade is overturned, it can’t be considered a true “trigger law,” said Nash. The bill includes exceptions for rape, incest and medical emergencies.

When it was proposed in February, Democrats and pro-abortion rights advocates criticized the legislation. In response to it and another restrictive bill on reproductive rights, one Georgia lawmaker said she plans to introduce a “Testicular Bill of Rights.” It was inspired by “what the reaction would be from some males and male legislators if the tables were turned and we started to talk about their reproductive rights and organs,” said Democratic Rep. Dar’shun Kendrick, who plans to introduce the legislation.

Kentucky

Name of law: House Bill 148, “AN ACT related to abortion

Date proposed: January 10, 2019

Status: Delivered to Gov. Matt Bevin on March 14, 2019 who is anticipated to sign it into law.

Kentucky’s abortion ban is a traditional “trigger law.” The legislation reads that no person may “administer to, prescribe for, procure for, or sell to any pregnant woman any medicine, drug or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being.” The law also specifies that doctors may not “use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.”

The law would make performing an abortion a felony, punishable by up to five years in prison for a health provider. It does not make exceptions in cases of rape or incest, but does make an exception if the woman’s life is in danger.

Tennessee

Name of lawHouse Bill 1029, “Human Life Protection Act”; Senate Bill 1257, “Human Life Protection Act”

Date proposed: House Bill – February 6, 2019; Senate Bill – February 7, 2019

Status: House Bill – referred to committee on February 13, 2019; Senate Bill – referred to committee on February 11, 2019. If the bill is successfully voted out of committee, each respective chamber will vote on the bill.

Lawmakers in Tennessee introduced matching bills in the House and Senate with the same objective: outlawing abortion in the event that Roe v. Wade is overturned. Both bills say, “a person who performs or attempts to perform an abortion commits the offense of criminal abortion. Criminal abortion is a Class C felony.”

The legislation gives exception to when the woman’s life is in danger, and specifically notes that mental health concerns would not qualify for exceptions.

The bill also notes that a full repeal of Roe v. Wade isn’t necessary for the law to go into effect. Many abortion rights scholars believe a full, clean overturn of the landmark Supreme Court case is unlikely and anticipate a slow chipping away at the decision that would eventually render it ineffective. In Tennessee, lawmakers have considered this possibility and included it in their bill.

Oklahoma

Name of lawSenate Bill 195, “Personhood Act”

Date proposed: February 4, 2019

Status: Passed in the Senate on March 14, 2019. It nows goes to the House for a vote.

The original language of Senate Bill 195 was that of a traditional “trigger law,” outlawing abortions in the state in the event that Roe v. Wade is ever overturned. However, the bill was updated to instead put that to voters, proposing a state ballot measure that would amend Oklahoma’s constitution to say that the state didn’t secure or protect the right to perform or receive an abortion. The bill clarifies that it “concerns only the rights guaranteed by the Oklahoma Constitution” and “would not alter any rights guaranteed by the United States Constitution.”

The bill makes exceptions for when the woman’s health or life is at risk, the fetus has died, or in the events of criminal assault on the mother.

This bill is one of a handful of pieces of anti-abortion legislation that lawmakers in Oklahoma have introduced this session, each with slightly different nuances and success rates. One proposal, Senate Bill 13, would reclassify abortion as murder, but it was killed in committee by Republican state Senator Jason Smalley.

South Carolina

Name of law: “The Personhood Act of South Carolina” House Bill 3289Senate Bill 485

Date proposed: House Bill – January 8, 2019; Senate Bill – February 6, 2019

Status: House Bill was referred to the Committee on Judiciary on January 8, 2019; Senate Bill referred to the Committee on Judiciary on February 6, 2019. If the bill is successfully voted out of committee, each respective chamber will vote on the bill.

Unlike other bills, South Carolina’s proposed abortion banlegislations in the House and Senate aren’t true “trigger laws” because they don’t clarify that they only take effect if Roe v. Wade is overturned. Instead, these bills seek to “establish that the right to life for each born and preborn human being vests at fertilization.”

By defining the beginning of life at fertilization, the proposals would effectively prohibit abortion, granting that the unborn can’t be “deprived of life without due process of law nor denied the equal protection of the laws.”

The House bill makes exceptions for when the mother’s life is at risk, and specifically clarifies that the bill would not impact access to birth control methods. The Senate’s legislation has similar exceptions, but it also proposes that having or performing an abortion be deemed a felony, referring to abortion as “the shedding of innocent blood.”

South Carolina lawmakers, including the lawmaker who proposed the Senate bill, have introduced several “personhood” measures in the statehouse in previous sessions, but all have failed to pass.

Missouri

Name of law: House Bill No. 126, “Missouri Stands for the Unborn Act”

Date proposed: Prefiled on December 3, 2018

Status: The state’s House of Representatives passed the bill on February 27, 2019. It now goes to the Senate for a vote.

Missouri’s abortion ban is part of House Bill 126, a wide-reaching piece of legislation that aims to restrict abortion access in the state. As it relates to Roe v Wade, its intention is clear: “This bill specifies that if there is in any change in federal law or court decisions that allow it, it is the intent of the state of Missouri that abortion shall not be permitted in the state under any circumstances,” the bill reads.

The bill makes exceptions for “medical emergency,” but not for rape or incest. Doctors who continue to perform abortions would be subject to a felony charge.

Even if Roe v Wade remains the law of the land, other pieces of House Bill 126 would further reduce abortion access in Missouri. The bill includes a ban on abortion based on race, sex or genetic abnormality as well as a requirement that both parents be notified if a minor receives the procedure.
The state already has some of the most restrictive abortion access laws in the country. Missourians seeking an abortion are subject to a 72-hour waiting period and only one abortion clinic exist in the state.

Indiana

Name of law: House Bill No. 1430, “Protection of Life”

Date proposed: January 15, 2019

Status: Referred to the Committee on Public Policy on February 15, 2019. If the bill is successfully out of committee, it’ll go to the full House for a vote.

Indiana’s proposed legislation goes several steps past other states’ “trigger law.” The “Protection of Life” bill refines that life begins “when a human ovum is fertilized by a human sperm” and “any act, law, treaty, order, rule or regulation for the United States government that fails to protect a person’s inalienable right to life in null, void, and unenforceable in Indiana.” In other words, the bill proposes that Indiana not recognize Roe v Wade.

The bill would also augments the definition of “child” to also include “an unborn child,” which effectively redefines abortion as murder in the state. There are no exceptions given for medical emergency, rape or incest.

Texas

Name of law: House Bill 896, “Abolition of Abortion” Act

Date proposed: January 17, 2019

Status: The bill was introduced in January, but has not been assigned to committee.

Similar to Indiana’s proposed legislation, Texas House Bill 896 aims to outlaw all abortions “regardless of any contrary federal law, executive order, or court decision.” The bill’s strategy is to redefine the beginning of life as the “moment of fertilization,” thereby making abortion akin to murder. The bills text specifies that both the mother and the doctor could be held liable.

House Bill 896’s sponsor, Representative Tony Tinderholt, introduced identical legislation in 2017, but that bill failed to pass.

Source: https://www.cbsnews.com/news/abortion-laws-by-state-2019-abortion-automatically-illegal-in-these-states-roe-vs-wade-overturned-2019-03-19/

The Hungarian “conference demonstrates the insidious connections between authoritarian governments, far-right nationalists, and anti-choice movements who conspire to strip women and gender diverse people of their rights.”

Under Orbán’s leadership, Hungary has chipped away at access to abortion care.

 

Trump administration officials and prominent anti-choice activists appeared at a conference hosted by the Hungarian Embassy earlier this month designed to promote government policies to encourage women to have more babies.

The “Make Families Great Again” conference, which was held at the Library of Congress on March 14, promoted far-right Hungarian Prime Minister Viktor Orbán’s seven-point “Family Protection Action Plan.” The plan is “designed to promote marriage and families and spawn a baby boom” through financial incentives, according to a Washington Post report on the event. White House special assistant Katy Talento, White House Strategic Communications Director Mercedes Schlapp, and U.S. Department of Health and Human Services (HHS) Senior Advisor Valerie Huber spoke at the event.

HHS spokesperson Caitlin Oakley confirmed Huber’s attendance at the event to Rewire.News. Huber, best known as an abstinence-only activist who helped rebrand abstinence-only sexual education as “sexual risk avoidance,” has held several high-level political positions within HHS. She was appointed senior policy advisor at the department’s Office of Global Affairs in January.

Talento, who works on the president’s domestic policy agenda, has pushed myths about contraception, including false statements that contraceptives cause abortions, miscarriages, and reduced fertility. She reportedly helped craft the Trump administration’s policy to roll back the Affordable Care Act’s birth control benefit.

According to a schedule tweeted by Katalin Novák, the Hungarian state secretary for family and youth affairs, three members of Congress—U.S. Reps. Andy Harris (R-MD), Paul Gosar (R-AZ), and Chris Smith (R-NJ)—gave the event’s closing remarks. Requests to their offices for comment were not returned.

Under Orbán’s leadership, Hungary has chipped away at access to abortion care. In 2011 the Hungarian parliament succeeded in inserting personhood language giving fetuses legal recognition into the country’s constitution. And in 2012 the government refused to make medication abortion available in the country.

Tony Perkins, president of the anti-choice and anti-LGBTQ Family Research Council, also spoke at the event, as did representatives from the Heritage Foundation and Concerned Women for America. Perkins praised Hungary’s commitment to what he called “pro-family” policies in a blog post the day after the event, though he noted that the United States isn’t likely to support direct subsidies to increase the birth rate.

Robert Berschinski, senior vice president of policy for nonpartisan advocacy group Human Rights First, suggested according to the Washington Post that “Hungary’s birth plan is at odds with accepted best practices in other countries.”

“The critique is—in effect and by design—it does not encourage women to rejoin the labor force, but keeps them home and pregnant in more of a traditionalist sense through financial incentives,” said Berschinski, who previously served as deputy assistant secretary of state for democracy and human rights and “helped lead U.S. policy toward Hungary in 2016,” according to the Post.

According to a Christian Post report, Orbán’s plan is designed to boost the country’s birth rate to “replacement level,” the fertility rate at which a population sustains itself, without taking a more open approach to immigration policy. Hungary “spends nearly 5 percent of its GDP towards incentives for those in the predominantly-Christian nation to get married and have children—lots of them,” the Christian Postreported.

“Orbán is really quite scary,” Amanda Klasing, acting co-director of the women’s rights division at Human Rights Watch, said in an interview with Rewire.News. “Our big concern is that this anti-gender equality, anti-woman, anti-LGBT rhetoric is being picked up in all of these different places by leaders that are prepared to undermine human rights. And this is one way that they’re doing it. The Trump administration is embracing Hungary’s approach to reproduction with the tacit approval of its efforts to undermine the civil society working on women’s rights.”

Hungary’s programs have reportedly drawn interest from the Trump administration and U.S. conservatives who support its anti-choice and anti-LGBTQ priorities. “We are working closely with the U.S. administration on family issues,” Novák, who gave a keynote address at the event, told the Christian Post. “They would also like to get some detail on our pro-family policies and the measures that we have introduced in the last nine years.”

Cooperation between the two governments sparked alarm from Shannon Kowalski, director of advocacy and policy at the International Women’s Health Coalition. “The ‘Making Families Great Again’ conference demonstrates the insidious connections between authoritarian governments, far-right nationalists, and anti-choice movements who conspire to strip women and gender diverse people of their rights,” she said in a statement to Rewire.News. “Under Viktor Orbán, Hungary has systematically dismantled efforts to achieve gender equality and provide women with the information and services they need to exercise control over their bodies and lives.”

Kowalski tied the event’s agenda directly to efforts by the Trump administration to roll back global support for women’s rights and gender equality at the U.N. Commission on the Status of Women last week. “The Trump administration has now brought this extreme agenda to negotiations at the Commission on the Status of Women, where they have tried to put the rights of ‘the family’ above those of women and girls. It’s important that people see these efforts for what they are: a brazen attempt by ideologues in the Trump administration to rob women of their agency and choice.”

According to Klasing, it’s impossible to separate Hungary’s anti-immigration policies from its anti-choice domestic agenda. “Xenophobia and racism plays out on policies related to women’s bodies,” she told Rewire.News. “There’s so much more that goes into the choice to whether or not to have a family, or whether or not to give birth. There’s so many policies that could improve families and that’s not what this is about. This is about controlling women’s bodies.”

Source: https://rewire.news/article/2019/03/25/trump-officials-attend-hungarian-conference-to-promote-women-having-more-babies/

Lawmakers convene on the House floor during a session at the Illinois State Capitol in Springfield. | Seth Perlman/AP file

There is a lot of noise these days about abortion. Tweets and speeches from partisan places bounce around in our heads, creating doubt and replacing facts with lies. This OB-GYN would like to set the record straight: No one is murdering newborns or ripping them out days before birth. Contrary to the way some headlines are presented, 88 percent of all abortions occur in the first trimester. Only 1.3 percent occur after 20 weeks gestation, and the vast majority of these are for dangerous fetal or maternal medical conditions I wouldn’t wish on my worst enemy.

I should know. I ended a loved and wanted pregnancy in 2009 in the second trimester, after learning my son, Thomas, would have suffocated to death had he been born. For my family, this was intrauterine palliative care. I am on the front lines of women’s health care. I have story after story of women and families who have ended pregnancies. It is never simple, never flippant.

It is always health care. It is always personal. It is never a place for government.

As a mother and OB-GYN, I strongly support HB 2495: The Illinois Reproductive Health Act. This bill would repeal the outdated and unenforceable criminal penalties for abortion care. It is terrible legal design to have multiple, contradictory laws on the books.

Counseling women on their pregnancy choices is my job. I trained long and hard for it. I spend sleepless nights worrying about moms and their babies. I have always found it ironic that those who call for the smallest government want to squeeze it into my exam room and uterus. Medical providers, like me, are the ones to listen to for health care guidance — not politicians.

Abortion is health care and has been since ancient times. It has no place in the criminal code.

Dr. Cheryl Axelrod, Wilmette

Repeal parental notification of abortion

I commend the Sun-Times for its editorial “For safety’s sake, repeal the Illinois Parental Notification Act” (Tuesday). I also commend our state legislators for advancing SB 1594, the bill to repeal the act and, in doing so, protect the health and safety of the young women of Illinois.

State law cannot dictate family dynamics. Young women who may decide to have an abortion will tell a parent, if they can. For those who can’t, they must have the ability to make their own decisions about their own future. Requiring judicial intervention is an extraordinary obstacle and punishment. Please contact your legislators now and entreat them to vote yes on SB 1594.

Source: https://chicago.suntimes.com/opinion/repeal-outdated-unenforceable-criminal-penalties-abortion-care-cheryl-axelrod/

The Trump administration is trying to exclude abortion providers, so the state is trying to fund its own Title X program.

On Saturday, the Maryland House of Delegates passed a bill that would end the state’s participation in Title X, if the administration prevents the program’s federal family planning funds from going to clinics like Planned Parenthood that provide abortion or refer patients for abortion elsewhere. Instead, beginning in 2021, the governor would be instructed to set aside more state dollars to effectively create its own family planning program.

In 2017, Gov. Larry Hogan (R) signed a bill that created a state-based family planning program, in case the federal government decided to impose a gag rule. This new bill takes an additional step, declaring Maryland would not participate in a program that provides substandard care, explained Robyn Elliott, lobbyist for Planned Parenthood of Maryland.

“This is really about equity across Maryland,” Elliott told ThinkProgress. “Maryland has worked for many years to ensure everyone has access to a broad range of evidence-based contraception…. Why would we leave a part of Maryland out in terms of having access to the same high standard of care?”

The Maryland Department of Health receives between $3 million and $4 million dollars annually from the federal government under the Title X program, Elliott said. The state doles out these federal dollars to various providers, including eight Planned Parenthood clinics. Should the administration’s rule barring abortion providers from participating in Title X take effect, the state would no longer be able to dispense federal dollars to these clinics.

Under current law, federal dollars can’t pay for abortion services. Providers use Title X dollars to pay for other health services like contraception, pelvic exams, and cervical or breast cancer screenings. In 2010, Title X clinics prevented 53,450 cases of chlamydia, 8,810 cases of gonorrhea, 250 cases of HIV, 1,900 cases of cervical cancer, and 6,920 cases of pelvic inflammatory disease, according to the National Family Planning and Reproductive Health Association.

But the Trump administration argues that by allowing providers like Planned Parenthood to participate in the Title X program, federal officials are basically subsidizing abortion. (It’s worth noting Title X-funded clinics receive more money from Medicaid, a federal-state insurance program for low-income people.)

The administration’s new rule, issued in early March, fundamentally reshapes the country’s sole grant program dedicated to family planning. The grant program would require providers to physically and financially separate abortion from other medical services. Providers wouldn’t even be able to provide abortion referrals during pregnancy counseling. The administration is also giving crisis pregnancy centers an opportunity at receiving federal dollars, even though these centers have a history of misleading patients. Under the Trump administration, the Title X program would emphasize fertility awareness and abstinence education.

The administration is mirroring what conservative states have long tried to do. In 2011, Texas excluded Planned Parenthood from a Medicaid-based program that served around 244,000 women. Within a year, 82 clinics closed, a third of them run by Planned Parenthood.

“The exclusion of Planned Parenthood affiliates…in Texas was associated with adverse changes in the provision of contraception,” a 2016 study published in the New England Journal of Medicine found. “For women using injectable contraceptives, there was a reduction in the rate of contraceptive continuation and an increase in the rate of childbirth covered by Medicaid.”

Under the proposed bill, Maryland would create a state-based family program that continues to include abortion providers like Planned Parenthood.

“We want to make sure Marylanders who get family planning services under Title X have access to the very same methods as people with private insurance. It’s that plain and simple,” said state Rep. Shane Pendergrass (D), sponsor of the Maryland Title X bill.

“… Because of the federal rules, they will no longer have that access under Title X. So it’s time to walk away from the federal Title X dollars,” she added.

ThinkProgress reached out to the governor’s office for comment on the bill, but did not hear back by the time of publication.

Maryland is likely the first state aiming to mitigate the gag rule’s damage through legislative action. The state is also one of 21 others suing the administration over the rule. There are currently at least six lawsuits challenging the administration’s changes to the Title X program.

“We are singularly focused on and confident that the courts will block this unlawful regulation. Communities across the country recognize the peril that will befall their most marginalized residents if this rule takes effect. We are all fighting to protect providers and their patients however possible, and our hope is that our legal action will make it so that states don’t have to bear this burden, and many will be unable to do so,” Jessica Marcella, vice president of advocacy and communications at the National Family Planning & Reproductive Health Association, said in a statement to ThinkProgress.

Most legal experts think these lawsuits will have a tough time prevailing in federal court, as the Supreme Court previously upheld a similar Regan-era regulation.

Source: https://thinkprogress.org/maryland-bill-could-become-first-state-to-stop-participating-in-title-x-program-after-trump-gag-rule-abortion-a262ae1a3ad9/

In the most restrictive nations, women who terminate their pregnancies face lengthy jail terms

Women in England and Wales have had the right to seek an abortion since 1968, but more than 50 years on, many women around the world do not have the same choice.

A 2017 report by the Guttmacher Institute, which studies reproductive health laws, found that 42% of women of reproductive age live in countries where abortion is either banned or only allowed in specific circumstances.

The most common legal grounds for abortion worldwide is to protect the life of the mother, followed by serious risk to her physical or mental health.

Around half of the countries in the world allow abortion in cases where the pregnancy was the result of rape or incest, and a similar proportion recognise serious foetal abnormality.

However, in a few countries, abortion remains the ultimate taboo.

Which countries have the strictest abortion laws?

All but a handful of countries allow an abortion to be performed when the life of the mother is at risk. The exceptions are Malta, El Salvador, Nicaragua and Dominican Republic

Strongly Catholic Malta is the only European country to have a total ban on abortion, and a survey carried out last year by Malta Today suggests that liberalisation is a long way off.

Overall, 95.2% of those surveyed were opposed to abortion by request – known as elective abortion – even if it were restricted to the first 12 weeks of pregnancy. Less than half said that abortion should be allowed to save the life of the mother.

El Salvador’s harsh anti-abortion laws have come into the international spotlightin recent years, due to high-profile cases of women imprisoned for terminating their pregnancies, some of whom claimed to have actually suffered a miscarriage.

Unsurprisingly, abortion is also totally banned in Vatican City – however, given that the Holy See’s 800-strong population is overwhelmingly made up of Catholic clerics, this prohibition is largely theoretical.

Where is elective abortion legal?

At the other end of the scale, 63 countries and territories permit women to terminate their pregnancies at their request, although usually with some conditions – most commonly, a time limit on when the procedure can be performed.

Canada is the only Western nation where a woman can seek an elective abortion at any time in her pregnancy, although in practice only a handful of terminations occur during the third trimester, HuffPost reports.

What about the UK?

In all parts of the UK except Northern Ireland, women can freely obtain an abortion up to 24 weeks into their pregnancy. Terminations can be performed after this limit in exceptional circumstances, such as to save the life of the mother or due to a severe foetal abnormality.

Office for National Statistics and Department of Health and Social Care figures show that in 2017, 192,900 abortions were performed in England and Wales, compared to 679,106 live births.

Figures like these are often used to claim that more than 20% of all pregnancies are terminated. However, The Journal points out that this statistic is misleading as it does not take into account the thousands of pregnancies which end in miscarriage every year.

Source: https://www.theweek.co.uk/100132/countries-where-abortion-is-legal-and-where-it-is-totally-illegal?fbclid=IwAR1AVp4nUYyPq01LeyDm65IiRCg59lzmH_q2xXbM8YI2vXsx9A9g-EMK0bw

Democrats on the HELP committee join a growing chorus of congressional criticism of the “gag rule,” which is set to go into effect on May 3.

Sen. Patty Murray (D-WA), the committee’s ranking member, voiced support for a hearing.
Mark Wilson / Getty Images

A group of Senate Democrats sent a letter on Monday to committee leadership demanding a hearing on the Trump administration’s newly finalized rule restricting family planning funding, dubbed the domestic “gag rule” by opponents.

Democrats on the U.S. Senate Committee on Health, Education, Labor, and Pensions (HELP) explained their concern that the anti-choice restriction would force providers to violate medical ethics by banning referrals for abortion care. The letter also says that the rule’s requirement that clinics physically and financially separate Title X-funded family planning services from abortion services “appears to be aimed at and would disproportionately affect Planned Parenthood health centers, which currently serve over 40% of Title X network patients.” The letter says this could present a burden to other providers if Planned Parenthood, the country’s largest provider of Title X services, is cut from the program.

“The effects of this requirement would be devastating nationwide and in our home states,” the senators wrote. “We urge you to hold a hearing so we can fulfill our responsibility to scrutinize the policy with the due diligence it deserves …. The Committee should hear from patients, providers, entities receiving Title X funds, and state and local health departments, so we can directly assess the impact this final rule will have on people with low incomes’ ability to access high-quality family planning services.”

The letter was addressed to Committee Chair Lamar Alexander (R-TN) and Sen. Patty Murray (D-WA), the committee’s ranking member. It was signed by Sens. Elizabeth Warren (D-MA), Doug Jones (D-AL), Sen. Bernie Sanders (I-VT), and the seven other non-ranking Democrats on the HELP committee.

Murray voiced support for a hearing in a statement to Rewire.News. “I’m incredibly alarmed by President Trump’s rule that jeopardizes care for millions of women and families by undermining the historically bipartisan Title X program, and I support my colleagues’ request for greater scrutiny of this alarming plan,” she said. “Republicans should listen to the women, men, health care providers, city and county health officials, religious groups, and many other people across the country who have spoken up in opposition to President Trump’s harmful rule.”

Alexander did not respond to a request for comment from Rewire.News by the time of publication.

Democrats on the HELP committee join a growing chorus of congressional criticism of the gag rule, which is set to go into effect on May 3. Democrats on the U.S. House Energy and Commerce Committee sent a letter to U.S. Health and Human Services Secretary Alex Azar earlier this month questioning the rule’s legality.

Lawsuits seeking to prevent the rule’s implementation are starting to pile up. The American Civil Liberties Union filed a lawsuit in early March on behalf of the National Family Planning & Reproductive Health Association (NFPRHA) and Cedar River Clinics, a family planning provider based in Washington state. The Center for Reproductive Rights filed its own lawsuit on behalf of Maine Family Planning, the state’s sole recipient of the Title X family planning funds targeted by the administration. Attorneys general from 21 states are also filing suit against the rule.

NFPRHA Communications Director Audrey Sandusky expressed gratitude for congressional pushback against the gag rule in a statement to Rewire.News. “The Title X rule comes with enormous risk and sacrifice to the public’s health,” she said. “It attacks highly qualified providers and threatens the health and wellbeing of those served by this critical program. We are grateful to our champions on the Hill who can help shine a harsh light on the deeply troubling provisions and justifications of the rule that will directly impact the provision of family planning care in this country.”

Source: https://rewire.news/article/2019/03/20/senate-democrats-call-for-hearing-on-trumps-domestic-gag-rule/

April Lanham, center, allowed attendees at a legislative meeting in Frankfort, Ky., to listen to her fetus’s heartbeat.CreditCreditTom Latek/Kentucky Today, via Associated Press

A federal judge on Friday temporarily blocked a Kentucky law that prohibits abortion after a fetal heartbeat is detected, which typically happens around six weeks into pregnancy, before many women know they are pregnant.

The measure, which was signed into law on Friday by the state’s Republican governor, Matt Bevin, and was set to take effect immediately, was poised to become one of the strictest anti-abortion laws in the country.

But late on Friday, the judge, David J. Hale of the Western District of Kentucky, ruled the law was potentially unconstitutional. He halted enforcement for at least 14 days to “prevent irreparable harm” until he could hold a hearing.

The ruling came amid a yearslong effort to curb abortions in Kentucky, which has one remaining abortion clinic. Several other states are considering similar measures, known as heartbeat bills, as states move to restrict — or shore up access to — abortion in anticipation of a more conservative Supreme Court possibly ruling on the issue.

The Kentucky law was one of two measures seeking to restrict abortion that were passed by the state’s Republican-controlled legislature this week but are now being contested. The other, a bill that prohibits abortion if a woman wants to end her pregnancy because of the diagnosis of a disability in the fetus, among other reasons, is awaiting approval from the governor.

The American Civil Liberties Union challenged both measures in a lawsuit filed this week on behalf of EMW Women’s Surgical Center, the state’s only licensed abortion clinic.

“We think this is a very straightforward legal issue,” Brigitte Amiri, deputy director of the A.C.L.U.’s Reproductive Freedom Project, said on Saturday. “States can’t ban abortion. It has been well settled over 40 years ago in Roe v. Wade.”

The judge on Friday did not address the second bill and Ms. Amiri said the group planned to ask the judge for a ruling on it after it was signed into law.

Steve Pitt, general counsel to the governor, said on Saturday that ruling was not unexpected “given the minimal amount of briefing that has occurred.”

“This case or others like it from other states will result in major changes in abortions in the U.S. in the near future,” he said. “The A.C.L.U., Planned Parenthood and others favoring unlimited abortions know this and are in a panic.”

The governor has made anti-abortion legislation a priority of his administration and has welcomed the chance to fight for protections in court.

In a video message on Friday, he chided his “good friends at the A.C.L.U.” for challenging the second bill, which would ban abortions based on a fetus’s disability, sex or race, before it had been signed into law and suggested they needed a civics refresher from “Schoolhouse Rock!” on how legislation works.

“They frankly don’t care whether they are following the law or not,” said Mr. Bevin, who has expressed support for the bill. “They simply want to push their ideology.”

The landscape of the Supreme Court changed last year after Justice Brett M. Kavanaugh, seen as a reliable conservative, replaced the court’s longtime swing vote, Justice Anthony M. Kennedy, who retired. The change added urgency to the question of whether Roe v. Wade, the landmark 1973 ruling that made abortion legal nationwide, would survive the Trump administration.

But legal experts have suggested that any developments, at least in the near term, will most likely come at the state level, with states succeeding in smaller cases that limit — but not eliminate — the right to an abortion. Other states, including Iowa and North Dakota, have passed similarly prohibitive fetal heartbeat measures only to have them swiftly voided by the courts as unconstitutional.

Supreme Court decisions have given women a right to abortion until a fetus is viable outside the womb, usually around 24 weeks into pregnancy.

Ms. Amiri said the fetal heartbeat bill would effectively eliminate abortion in Kentucky. About 90 percent of abortions in the state are performed after six weeks, according to the lawsuit. The law would make an exception for procedures that were necessary to prevent death or serious risk to the woman.

She said Judge Hale’s ruling came as a “tremendous relief.”

“The clinic sees patients today, and before we got the ruling yesterday, they were in the process of canceling appointments,” Ms. Amiri said on Saturday. “It means they will be able to provide care today and that is incredibly important to every person who comes to the clinic.”

Source: https://www.nytimes.com/2019/03/16/us/kentucky-fetal-heartbeat-abortion-law.html?fbclid=IwAR1zE8SoNVNFw7EL8szMWBfcuZ2B7N50vgrPSDslHhjCL-EsTCfWAzFRuWU

Tennessee City Officials Are Using Zoning Rules to Erode Access to Abortion

Carafem opened the Mt. Juliet clinic after seeing a spike in Nashville visitors to their Atlanta location. Last year, Nashville’s last two abortion clinics closed.
CityofMtJuliet / YouTube

The day after carafem, a provider of reproductive health-care services, opened in Mt. Juliet, Tennessee, a city council meeting was called. The lone council agenda item: a zoning amendment restricting surgical abortions to industrial areas.

The new carafem clinic, located in a commercial area, would be affected. The amendment passed unanimously. The hastily scheduled meeting lasted a grand total of four minutes.

Carafem hasn’t released a statement regarding what threat the zoning could pose to surgical abortions, which are not yet offered at the Mt. Juliet location, outside Nashville. The clinic today offers medication abortion and plans to offer abortion procedures.

“Writing zoning laws to deny access to essential health care is unfair and mean-spirited,” said Ashley Coffield, president and CEO of Planned Parenthood of Tennessee and North Mississippi. “I’m not aware of any other community in Tennessee that has used this approach to hurt a qualified medical provider that is just trying to help women get the care they need.”

Carafem opened the Mt. Juliet clinic after seeing a spike in Nashville visitors to their Atlanta location. Last year, Nashville’s last two abortion clinics closed. The Women’s Center closed in August, and Planned Parenthood temporarily stopped providing abortion care in December. While Planned Parenthood has resumed abortion services, the clinic is taking on fewer appointments but plans to ramp up soon. Meanwhile, Tennessee Republicans recently passed a so-called heartbeat bill—amounting to a total abortion ban—through the state house. The legislation would make abortion illegal as early as six weeks, before some people know they’re pregnant.

Reproductive rights and health care are under fire and Mt. Juliet officials are testing the legal temperature.

Ed Hagerty, the mayor of Mt. Juliet, is adamant that the last-minute zoning amendment had nothing to do with boxing out the new abortion clinic. When asked about the relation, he demurred. “All the city officials did was to amend the zoning ordinance, which all municipalities do from time to time,” he said. “The zoning ordinance exists to provide for the health, safety, and well-being of all citizens of Mt. Juliet, including those who are not yet citizens, whether they are visitors traveling through our city or those who may be moving here in the future.”

While Hagerty hasn’t shared his personal views on abortion, in 2015, he served as a judge for an annual anti-choice oratory contest for high school students, put on by the Tennessee chapter of the National Right to Life, the nation’s oldest and largest anti-choice organization.

Some Mt. Juliet city commissioners are more open about the intent of their zoning amendment. “If there is anything we can legally do to keep them [carafem] from opening in Mt. Juliet we will do it. I realize they have rights, but my constituents and I don’t want it here,” commissioner Brian Abston told local television station WTVF.

Commissioner James Maness agreed, sharing his thoughts on Facebook, “I am pro-life. The taking of innocent life is called murder. Abortion is not a matter of choice, it’s a matter of life and how we value life.” Hinting at the legal battle to come, Maness added: “Please don’t think this is over.”

Efforts to restrict access to abortion aren’t new in Tennessee. After Republicans gained a legislative supermajority in 2012, attempts to erode access soared. In the years following the Republican takeover, anti-choice bills, including a law requiring state-directed counseling and a 48-hour forced waiting period, entered the Tennessee legislature. The biggest change to abortion rights came in 2014 when Amendment 1, an amendment giving the state power to create and alter abortion laws, passed and added the following language to the state’s constitution: “nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion.” Its passage opened the floodgates for GOP-backed anti-choice legislation.

Despite the effort to drive out abortion providers, carafem is ready to provide health care services to those in need.

“Our doors remain open, as we continue to provide much needed reproductive health-care services, including access to abortion and contraception, to the women in and around the Nashville area,” said Melissa Grant, carafem’s chief operating officer. “We are overwhelmed by the number of clients who have expressed their gratitude for having access to the much-needed products and services we provide without having to travel hours to another clinic or state. We remain committed to serving women and couples in Tennessee, who truly need access to safe, affordable reproductive health care and family planning.”

Mt. Juliet residents are torn about the action taken against the abortion provider by the mayor and council.

“I can see why they want to [push out the abortion clinic], because we don’t want to be known as ‘Mt. Juliet, the place where you go to get an abortion,’ but at the same time, it is a medical procedure. There are a lot of components to it,” Tammy Drake, 49, a Mt. Juliet resident, told Rewire.News. “I try not to judge anyone because you don’t know what they’re going through, but on the other hand, I am a God-fearing woman.”

Another Mt. Juliet resident, Linda Sloan, 70, was happy to hear about the effort to drive out an abortion care provider. “I’m very proud to live in a community where abortion is a concern of the mayor and city council members. I’m glad I live in a conservative area where we stand up for unborn babies,” Sloan said.

Kevin Williams, also a city resident, told Rewire.News the city council’s decision “sounds contradictory.”

“If the clinic was permitted initially, then it should stay. I don’t like that—the backtrack. It seems like they made a last-minute change, perhaps due to pressure. And as far as the clinic, I don’t see a problem with it being there,” Williams, 25, said. “It’s up to the woman. A woman has to go through the nine months, the pain that me as a guy will never experience, so I don’t have any problem with the clinic. It’s totally the woman’s decision.”

Source: https://rewire.news/article/2019/03/15/tennessee-city-officials-are-using-zoning-rules-to-erode-abortion-access/

Maine Democrats are pushing legislation to allow qualified advanced practice clinicians such as nurse practitioners, physician assistants, and certified nurse-midwives to provide abortions.

Scores of nurses across the United States are equipped to provide abortion services.
Shutterstock

Maine’s ban on non-physicians providing abortion care may soon be scrapped thanks to a bill introduced by Democratic House Speaker Sara Gideon and Gov. Janet Mills (D-Freeport).

Announced Thursday, LD 1261 would allow qualified advanced practice clinicians (APCs) such as nurse practitioners, physician assistants, and certified nurse-midwives to provide abortion care. “Physician-only” laws are among the barriers aimed at curbing access to abortion; Maine’s physician-only law leaves only three publicly accessible health centers where patients can receive in-clinic abortion care—in Augusta, Bangor, and Portland. Patients in rural areas often travel hours for care even though there are qualified, experienced practitioners in their own communities. Such restrictions particularly affect people who already face systemic barriers to health care, including those with low incomes, people of color, and young people.

Mills introduced a similar bill last year when she was attorney general. Advocates are hopeful it will pass now that the state has a pro-choice governor and Democratic legislative majorities.

This could be significant in the underserved state, said Alison Bates, a nurse practitioner (NP) in Maine with Planned Parenthood of Northern New England.

“About 80 percent of counties in Maine have no abortion provider. So you can imagine the burden that is placed on patients seeking that care when they can’t afford it in their own communities,” Bates told Rewire.News. “This is an opportunity for us to align state law with the necessary scope of practice that’s within my purview as an APC and, in doing so, affords patients in Maine access to this service more broadly.”

If someone comes to her clinic seeking an abortion, Bates said she’s forced to turn them away, as per state law, because she has an NP and not an MD after her name. Yet scores of nurses across the United States are equipped to provide abortion services. Laws that prevent qualified nurses from providing such care have been challenged by providers in a handful of states, including in Maine.

The American Civil Liberties Union (ACLU) and Planned Parenthood filed a federal lawsuit in 2017 challenging the Maine ban on behalf of Planned Parenthood of Northern New England, Maine Family Planning, and several nurse practitioners. Bates is a plaintiff in the case, which is pending in the U.S. Court for the District of Maine.

“Enough is enough,” Oamshri Amarasingham, ACLU of Maine’s advocacy director, said in a statement. “Limited transportation options, brutal winters, and a shortage of health care providers—Mainers face more than enough obstacles to accessing needed health care without having medically unjustified laws piled on top. We’re thankful to Gov. Mills and Speaker Gideon for introducing this bill, which would dramatically improve Mainers’ access to safe abortion care in their own communities.”

Maine lawmakers in 1979 passed a law allowing only physicians to provide abortions. The law was drafted to protect women from back-alley abortions but has not kept pace with technology and practitioner abilities, according to Planned Parenthood.

Maine is one of ten states facing lawsuits to eliminate “physicians-only” laws, ThinkProgress reported. Thirty-three states bar advanced practice clinicians from providing abortion care.

The American College of Obstetricians and Gynecologists and the World Health Organization support allowing APCs to perform abortions in early pregnancy.

“Every woman in Maine should be able to access reproductive health care when and where she needs it, regardless of her zip code,” Gov. Mills said in a statement. “Allowing advanced nurse practitioners and physician assistants to perform medication-administered abortions, which are already permitted in other states, will ensure Maine women, especially in rural areas of our state, can access reproductive health care services. It is time to remedy this inequity that negatively impacts too many Maine women.”

Advocates are hopeful the bill will pass. Hearings are expected to be held in April.

“For patients and families in Maine, this is a huge gain towards de-stigmatizing abortion and making accessible and feasible holistic and comprehensive reproductive health care. It would be a remarkable success for the state of Maine,” Bates said.

Source: https://rewire.news/article/2019/03/14/abortion-care-is-about-to-get-much-more-accessible-in-maine/

How does this government fail Northern Irish women? Let me count the ways.

While all eyes were on Strasbourg and the result of Brexitnegotiations over the Northern Irish backstop, the committee for the UN convention on the elimination of all forms of discrimination against women (CEDAW) published its concluding observations. The committee’s final report reiterated its belief that the UK government violates the rights of women in Northern Ireland by unduly restricting their access to abortion.

The convention is one of seven international human rights treaties the United Kingdom has ratified. By ratifying the treaty in 1986, it committed to taking action to end discrimination against women in all forms and, in light of this commitment, this week’s report makes clear that current abortion law is in breach of human rights. Devolution can be no excuse for denying women in Northern Ireland these fundamental rights.

Yet the committee’s continuing assertion that the government must act on abortion rights is once again coming up against politicians’ need to overlook women’s rights for the sake of political expediency. During oral questions 6 March, Karen Bradley, the Northern Ireland secretary, was asked what steps she would be taken in light of the concerns raised by Northern Ireland’s women’s sector during evidence sessions for CEDAW. Her response was almost entirely ignored as it came mere minutes after the morally and politically irresponsible claim that killings by police and the army during the Troubles were “not crimes”. That remark received the criticism it deserved, but Bradley’s comments demonstrated the same sleight of hand with statistics and an utter failure to grasp the reality of women’s lives in Northern Ireland.

She reiterated the assertion that “many of the matters raised by CEDAW need to be legislated for in Stormont, which is why we need devolved government in Stormont sooner rather than later.” However the concluding report from CEDAW now indicates that the Good Friday Agreement gives a clear pathway to intervene on abortion access to ensure the UK’s “international obligations are met in respect of Northern Ireland.”

In an attempt to strengthen this assertion, Bradley quoted polling figures suggesting that “64 per cent are very clear that they want those changes to be made in Stormont.” What she neglected to mention, however, was that these figure came from a poll produced by the campaign group Both Lives Matter, and are in direct opposition to recent figures found by Amnesty International. Amnesty’s polling suggested that in fact 66 per cent of Northern Irish adults think that, without their own government, Westminster should act to change the law. This would suggest that it is Northern Irish laws, rather than the views of its public, that are out of step with the rest of the UK.

Debate around polling figures and samples can circle round endlessly, but what is always important not to lose sight of is the people behind these figures. With one in three UK women having an abortion in their lifetime, most people in Northern Ireland will know someone who has travelled to England for a termination or bought abortion pills illegally online.

The pro-choice movement across the island of Ireland has tried many approaches in its calls for free, safe legal and local access to abortion, from high court rulings and UN reports on human rights violations to public protests to highlight the cruelty of forcing women to travel to receive medical care. They were hugely successful in winning the 2018 referendum in the Irish Republic, but it is vital to ensure no one north of the border is left behind.

Recently, 28 women, including the Labour MP Stella Creasy and the stars of Channel 4 TV series Derry Girls, wheeled suitcases across Westminster Bridge to highlight the 28 women a week who have to travel from Northern Ireland to access safe and legal abortions in England. In the suitcases were 62,000 signatures calling for the decriminalisation of abortion. Siobhan McSweeney, who plays Sister Michael in the comedy drama, commented that it was a sorry state of affairs when somebody from the telly has to tell [politicians] how to do their job.

But it’s been her from the telly plus thousands of people taking to the streets and signing petitions – and now a United Nations committee too. The calls are overwhelmingly clear: the government can no longer hide behind the claim that abortion is a devolved issue: it is a women’s right and a human right, and they must end the disgraceful inaction on providing abortion healthcare in Northern Ireland.

Source: https://www.independent.co.uk/voices/abortion-northern-ireland-un-women-human-rights-a8819306.html?fbclid=IwAR1Mc8JMz0JlQW1DOvKFKm9cJnvevGmQmAg8fcfxbJiAve8QSqN7bvIX6Zg