Hands off My Body
On Sept. 1, the Texas Heartbeat Act went into effect and banned any abortion occuring after the first detection of fetal cardiac activity, which is typically at about six weeks of pregnancy. Most people do not realize they are pregnant until after the six week mark, and the act also makes no exception for instances of rape or incest, although abortion can be performed in the case of a “medical emergency” (Cable News Network). The law, also known as Senate Bill 8 (S.B. 8), was signed by Gov. Greg Abbott on May 17 and is unique from similar legislation in other states due to its dependence on civilian enforcement. Under the law, private citizens can sue anybody who assists a pregnant person in having an abortion, whether it be the clinic they are visiting or someone who drove them there. People who successfully win their civil suits can be awarded over $10,000 (National Public Radio). This ban makes reproductive health care extremely inaccessible and could lead to some abortion providers closing their doors forever. On the same day that S.B. 8 took effect, the U.S. Supreme Court voted 5-4 in favor of allowing it to pass in a highly unpopular decision. A national poll from Monmouth University showed that 54 percent of Americans disagreed with the ruling while only 39 percent agreed (New York Times). Due to the way S.B. 8 regulates bodily autonomy and disproportionately affects Black, Indigenous, People of Color (BIPOC), low-income and marginalized individuals, it is an appalling violation on the reproductive freedom of women.
“With the restriction being that you cannot get [an abortion] in Texas, you have to basically travel secretly to get one,” junior Alison King said. “It is more difficult for [people in low-income households] to do that because they do not have the necessary resources; if you are rich and you really need an abortion, you can [find a way].”
Due to this bill, abortion providers in immigrant communities have no choice except to either turn down pregnant individuals or refer them to clinics hundreds of miles away in neighboring states. According to a 2016 study by the Guttmacher Institute, 49 percent of all women in the U.S. who have had abortions in 2014 lived below the poverty line, and as there are currently no federal requirements for paid sick leave, traveling long distances is not a realistic option for most people (Texas Tribune). The issue is exacerbated when considering the perspective of pregnant teenagers, especially for those who do not have American citizenship and risk being stopped by U.S. Border Patrol. As for the impact on BIPOC populations, a report published in November 2020 by the Centers for Disease Control and Prevention (CDC) showed that Black patients account for a third of recorded abortions, though only 12 percent of the U.S.’s population is Black. Additionally, an estimated 80 percent of pregnant individuals have been turned away from clinics since S.B. 8 took effect, and if this continues it will further perpetuate economic inequity in BIPOC communities and the high rates of maternal mortality (Wall Street Journal). The people affected most by abortion restrictions are those who already have to fight for equal access to health care and who will end up facing economic struggles if forced to carry out a pregnancy that they did not want.
“I think that the Constitution clearly states a person’s right to self-determination,” Spanish 2 and AVID 10 teacher Mariana Donahoe said. “Therefore, any law infringing upon [someone’s bodily autonomy and choice] is unconstitutional.”
Many Americans share Donahoe’s sentiment, but there is also a large faction on the opposing side. The next few months will prove to be critical for reproductive rights as people observe how S.B. 8 influences future laws. On May 15, in the same week that Gov. Greg Abbott signed S.B. 8, the Supreme Court decided that it would evaluate the legality of Mississippi’s Gestational Age Act, which was passed in 2018 and bans abortions after 15 weeks. Mississippi state lawyers have since urged the Supreme Court to overturn Roe v. Wade, a landmark case in 1970 that ruled several Texas laws banning abortion to be invasive of women’s personal privacy (National Broadcasting Company News). The 6-3 conservative-majority bench has proven through their decision regarding S.B. 8 that they are not opposed to increasingly strict restrictions on abortion.
“Trump appointed three justices with the express intent of striking down Roe v. Wade,” sophomore Prady Raja said. “It will be really crucial to see what will occur [next]. Going forward, I think that we just have to wait and see what the Supreme Court decides; if they do strike down Roe v. Wade, that will be devastating.”
Intersectionality is critical to discourse surrounding abortion, yet S.B. 8 completely disregards that nuance. BIPOC, low-income and otherwise marginalized people are already vulnerable in a health care system that is rife with various inequities. Until reproductive health legislation stops actively endangering pregnant individuals and restricting their bodily rights, it will only draw the U.S. further away from its promise of a free nation under the Constitution.
