South Dakota’s Legislature completed action Friday on a bill making abortion a felony unless it is the only way to save the mother’s life. Doctors could get five years in prison.
Backers say their objective is to provoke a legal challenge that would reach the Supreme Court, where a new majority might reverse the landmark Roe v. Wade decision.
South Dakota’s bill, currently awaiting the governor’s signature, would provide no exception for cases in which a woman’s health is endangered and no exception for victims of rape or incest.
Similar legislation has been introduced in at least five other states. While South Dakota is the first state to attempt such a sweeping ban on abortion in more than a decade, at least 15 other states have laws on the books criminalizing abortion. These laws would immediately go into effect if Roe v. Wade is reversed by the Supreme Court.
Those states include Arkansas, Kentucky, Louisiana, Missouri, Montana and – that’s right, ladies and gentlemen – Illinois. People opposed to abortion give a noble reason for their position – they want to save lives.
But before you endorse the most draconian rollback of personal liberties in U.S. history, I’m going to ask you to consider and acknowledge the often overlooked complexities of reproductive rights.
In a perfect world, there would be no need for abortions.
Everyone would be educated about sex and conception, and everyone would have access to 100 percent effective birth control. There would be no unintended pregnancies, and all children would be wanted children.
Obviously, we don’t live in that world.
Some women have abortions because they have medical problems that make pregnancy and childbirth dangerous for them.
Some have abortions because they are in severe poverty, or are addicted to drugs, or are afraid of passing on HIV to their child.
Some women have abortions because they fear persecution from their families and from society.
After all, some parents have disowned, beaten, and even murdered daughters for becoming pregnant.
Some women have abortions because they are too young to take care of a child.
Some women have abortions because they have been traumatized by a sexual assault.
You might oppose abortion. You might feel that it is a terrible thing. You might have a deeply-held conviction that it is wrong.
You might have a religious belief that the choice to terminate a pregnancy is never the right choice.
But until you have actually been pregnant unintentionally – or against your will – you don’t have the right to make that choice for them.
No one does.
It is easy to condemn the faceless women who seek abortion every year. It is tempting to write them off by saying, “They had sex, so they should have to pay the price.”
It is easy to demand that they be punished. But it is not your place to punish them, and it is not the government’s.
After all, if conservative extremists succeed in banning abortion, it will be because the Supreme Court eliminates the notion of a constitutional right to privacy. This notion is the barrier that prevents government meddling in other areas where sex intersects with religious belief.
After all, before Roe v. Wade was established, states commonly dictated what forms of sex were acceptable, even between consenting adults. Some states criminalized the sale or use of contraception methods like birth control pills and condoms.
Even though abortion is a tragedy, making it illegal will not make it go away.
Every year, 10-20 million illegal abortions are performed worldwide. Illegal abortions are unsafe and account for 13% of all deaths of women because of serious complications.
Death from abortion is almost unknown in the countries where abortion is legally available.
Abortion is sad, but sometimes, it is absolutely necessary.
Women who are denied a safe, legal abortion will take matters into their own hands.
Our country already has its hands full with the War on Terror and the War on Drugs.
If you identify yourself as “pro-life,” please ask yourself if you’re ready to watch the United States government wage the War on Sex.
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