Category: Abortion

State of California flag on a flagpole.

California’s Reproductive Freedom Efforts Should Meaningfully Include People With Disabilities

Joelle Boxer 1 Comment

By Joelle Boxer

Last month, California Governor Gavin Newsom signed a package of nine reproductive health care bills, following the passage of fifteen such bills in 2022. While the state should be lauded for its efforts, it has come up short. Recent legislation largely excludes up to 25% of the adult population: Californians with disabilities.

People with disabilities in the U.S. experience wide disparities in accessing reproductive health care, rooted in a long history of oppressive reproductive control. California should take action now to address these disparities and fulfil its goal of becoming a “reproductive freedom state” for all.

This article will examine recent movement on reproductive health care legislation in California, explain its failure to meet the needs of Californians with disabilities, and suggest a path forward in line with principles of disability reproductive justice.

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Miniature of a passenger plane flying on the map of United States of America from south east. Conceptual image for tourism and travel.

The Constitutionality of Banning Interstate Travel for Abortion

Hannah Rahim Leave a comment

By Hannah Rahim

After the Supreme Court eliminated the constitutionally protected right to abortion in Dobbs v. Jackson Women’s Health Organization, right-wing states have begun enacting abortion bans and discussing the possibility of restricting interstate travel for abortion.

Although there is a general presumption against a state’s ability to regulate extraterritorially (i.e., beyond its borders), legal authority suggests that the Constitution does not clearly prohibit a state from regulating abortion travel.

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Fertilized human egg cells dividing.

What the Law and Bioethics Tell Us About Synthetic Human Embryos

Barbara Pfeffer Billauer Leave a comment

By Barbara Pfeffer Billauer

A synthetic embryo can now be constructed from very early pre-embryonic cells – without the need for an egg or sperm. These were initially created in mice. In April, researchers in China published about their creation of synthetic monkey embryos. In June, it was reported that the first synthetic human models were apparently created. This development throws a moral monkey-wrench into the current moratoria on embryonic research after 14 days. But there are more problems ahead.

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Women take part in a march in defense of legal abortion on International Safe Abortion Day at Paulista Avenue in Sao Paulo, Brazil, on September 28, 2023.

Why We Still Need a Day for Global Action to Decriminalize Abortion in Latin America

Alma Beltrán y Puga 2 Comments

By Alma Beltrán y Puga

More than 30 years have passed since women gathered for the Fifth Feminist Latin American Meeting in Argentina and launched the September 28th Campaign in favor of decriminalizing abortion in the region.

The initiative, however, remains painfully relevant, as still today most countries in Central America and the Caribbean prohibit abortion even in cases of sexual violence and instances where the pregnant woman’s health (and, potentially, life) is at stake. Nicaragua, Honduras, El Salvador and the Dominican Republic hold the most restrictive abortion laws in the region.

Change may happen soon, though, as the Interamerican Court of Human Rights (IACtHR) is set to decide an abortion case from El Salvador; the case of Beatriz, which hopefully will catalyze reform to discriminatory abortion laws.

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United States Capitol Building - Washington, DC.

How Comparative Law Can Counter Threats to the ‘Most Successful Global Health Program in Modern History’

Joelle Boxer 2 Comments

By Joelle Boxer

PEPFAR, the President’s Emergency Plan for AIDS Relief, is under threat. Some members of Congress are withholding reauthorization support while arguing, without evidence, that PEPFAR funds abortion.

This is untrue: U.S. law prohibits PEPFAR from funding abortion. That alone should resolve the current impasse and secure the program’s reauthorization. Should bad faith opponents require further reassurance, however, they need look no further than the local legal realities of the 25 countries and 3 regions where PEPFAR operates.

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Puebla, Mexico - September 28, 2020: With green scarves, members of feminist collectives demonstrate in the streets of the Historic Center of Puebla to demand the legalization of abortion.

Sex Equality in #SeptiembreVerde: Examining the Mexican Supreme Court’s Abortion Decriminalization Decision

Joelle Boxer Leave a comment

By Joelle Boxer

Earlier this month, Mexico’s Supreme Court issued a ruling decriminalizing abortion nationwide, setting a powerful example in the global trend of abortion law liberalization, including on the grounds of sex equality.

Hailed as “incredible” by reproductive justice advocates, the decision will be most impactful in the 20 Mexican states where local laws still criminalize abortion, potentially removing access barriers for more than 42 million women.

This article will explain the origins of the case, what the decision holds, and what it says about sex equality.

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Medical Caduceus Symbol as Scales with backlight over Wall in dark room.

Gender-Affirming Care, Abortion, and the Politics of Science: A Response to Wuest’s ‘Born this Way’

The Petrie-Flom Center Staff Leave a comment

By Aziza Ahmed

On August 21, 2023, the 11th Circuit issued a decision that allowed a ban on transgender care to go into effect in Alabama. The Alabama ban, formally called the Alabama Vulnerable Child Compassion and Protection Act, is one of the most extreme of the many bans on gender affirming care. The law defines sex as the “biological state of being female or male, based on sex organs, chromosomes and endogenous hormone profiles…genetically encoded into a person at the moment of conception…” and targets physicians who might undermine this notion of sex with criminal prosecution. Their punishment could be up to ten years in prison.

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Washington, DC, USA - December 1, 2021: Abortion rights rally at the Supreme Court, Jackson Women's Health v. Dobbs.

Biological Determinism, Scientific Uncertainty, and Reproductive Rights

The Petrie-Flom Center Staff Leave a comment

By Mary Ziegler

As Joanna Wuest writes, the role played by science in the LGBTQ+ movement “is at once a celebratory and cautionary story.” Something similar could be said of struggles over reproductive rights in the half century since the Supreme Court decided Roe v. Wade.

Today, after decades of staying on the sidelines, physicians have once again been at the forefront of struggles over abortion, launching a ballot initiative in Ohio, bringing lawsuits, and speaking against state criminal bans. Physicians’ investment in the struggle — and the scientific arguments they bring to bear — seem like a possible turning point in future struggles over reproductive rights and justice. After all, medical professionals have both special expertise and political capital that could make a difference at a time when disapproval of abortion bans is already high.

But history suggests that arguments based on science have played a far messier role in struggles over reproductive rights. As often as scientific evidence has advanced reproductive rights, abortion foes have used claims about scientific uncertainty to justify new restrictions — and have harnessed claims of biological difference to assert that there is no connection between sex equality and abortion.

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MONTREAL, CANADA -16 AUG 2015- The annual Fierte Montreal parade took place on August 16, 2015 on Boulevard Rene Levesque in Central Montreal. It is the largest Gay Pride in the Francophone world.

“Born This Way,” LGBTQ+ Rights, and the Politics of Uncertainty

The Petrie-Flom Center Staff Leave a comment

By Joanna Wuest

“Medical uncertainty” is no straightforward matter when it comes to LGBTQ+ health and civil rights. Take for instance the 11th Circuit Court of Appeals 2020 decision striking down a pair of municipal ordinances in Florida that had banned so-called “conversion therapy” for minors (contemporary psychology’s preferred nomenclature is “sexual orientation and gender identity change efforts”). In an enormous blow to the evidence-based notion that such change efforts are harmful — they are indeed responsible for much trauma and death — two Trump-appointed judges declared that the science of sexual orientation and gender identity was much too uncertain to justify the bans. Gesturing to the American Psychiatric Association’s (APA) renowned 1973 removal of homosexuality from its list of disorders, the judges explained that “it is not uncommon for professional organizations to do an about-face in response to new evidence or new attitudes.” Ergo, because the APA had changed its mind once fifty years ago, it may just as easily reverse itself again. According to this view, we may one day wake up to find that mental health professionals have reclassified queerness as a malady to be cured rather than a sense of self to be embraced and protected by law.

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Austin, TX, USA - Oct. 2, 2021: Participants at the Women's March rally at the Capitol protest SB 8, Texas' abortion law that effectively bans abortions after six weeks of pregnancy.

Why Must Abortion Providers Needlessly Travel to Texas?

Carmel Shachar Leave a comment

By Carmel Shachar

This year, the American Board of Obstetrics and Gynecology (ABOG) — the organization that runs the exam doctors must take to become certified in obstetrics and gynecology (OB-GYN) — is requiring all candidates to attend in-person examinations in Dallas, Texas. By doing so, ABOG is failing its duties to its membership by asking the practitioners who are most likely to provide abortion services to travel to a state with a legal regimen that is particularly hostile to them.

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