The past few months have been witness to a flood of legislation concerning women’s access to reproductive health – funding for birth control and contraception has been debated and vaginal ultrasounds have been used as a tool to limit the number of abortions. In fact, 68% of the reproductive health provisions introduced in 2011 were abortion restrictions, compared to only 26% the year before.
These recent laws are evidence of a growing gap between tolerance and mandates. The trend is reflective of the current presidential nomination race. Previously avoided social issues such as gay marriage, abortion, and health care have become the rallying points for candidates and their party’s policies. Our government is becoming increasingly bipartisan as lawmakers further polarize themselves to adhere to non-moderate constituencies. Party lines are becoming clearer and deeper.
The laws:
Women’s health and their consequent rights have been a central tenet in the blizzard of recent legislation. Several states – Alabama, Arizona, Idaho, Illinois, Kansas, Kentucky, Nebraska, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas and Virginia – have been attempting to pass bills that require doctors give women seeking an abortion a vaginal ultrasound, and furthermore, to show the woman the monitor during the procedure while explaining the biological composition of the fetus. Other states like Arizona and Georgia have been attempting to pass bills that ban abortions after 20 weeks following the lead of Nebraska (2010) and Alabama, Idaho, Indiana, Kansas and Oklahoma in 2011. Even insurance coverage of abortions has been under attack.
Legislation like this has been called a “seismic shift” when compared to the days of Roe v. Wade. A report by the Guttmacher Institute states that, “More than half of all reproductive-age US women now live in states hostile to abortion rights.” In 2000, the number was about 33%. The report includes several graphs and a great map of the states defined as ‘hostile’, ‘middle-ground’, or ‘supportive’. States were determined to be hostile if its enacted provisions fell into any of the following categories:
– mandated parental involvement prior to a minor’s abortion
– required pre-abortion counseling that is medically inaccurate or misleading
– extended waiting period paired with a requirement that counseling be conducted in person, thus necessitating two trips to the facility
– a mandated performance of a non-medically indicated ultrasound prior to an abortion
– prohibition of Medicaid funding except in cases of life endangerment, rape or incest
– the restriction of abortion coverage in private health insurance plans
– medically inappropriate restrictions on the provision of medication abortion
– onerous requirements on abortion facilities that are not related to patient safety
– an unconstitutional ban on abortions prior to fetal viability or limitations on the circumstances under which an abortion can be performed after viability OR
– a preemptive ban on abortion in the event that Roe v. Wade gets overturned
Vaginal Ultrasounds:
Normally, when a woman goes in for an abortion the fetus’ age is evaluated either by an abdominal ultrasound or a vaginal ultrasound. A vaginal ultrasound is when a physician inserts an ultrasound probe into the vagina for greater accuracy and details. Supporters of the law requiring women to undergo vaginal ultrasounds have, in varying degrees, attempted to mandate that the doctor explain and show the woman the fetus’ distinct body parts and heartbeat. Some laws require a signed consent form stating the woman has been informed and some require a woman to wait another 24 hours after the procedure to have the abortion.
The salient debate topics include the standard issues of a woman’s right to choice and when a fetus is considered a living being but also the role and right of the State and the dangers of interfering in health and doctor-patient relationships.
Critique:
Support for the laws requiring vaginal ultrasounds is generally couched in pro-life language that aims to protect women’s health. The most cited argument in favor of such laws is that women should be fully informed before making the decision of whether or not to have an abortion. Proponents argue that the mental health consequences of having an abortion can be significantly damaging to a woman’s psyche. Thus, they want her to be able to have the information and time to consider the best option.
Those who oppose the mandate have called the requirement for a woman to see the fetus humiliating and patronizing; the law requiring an object to be inserted into a woman’s vagina against her will has been called rape. Ultrasounds have been called torture machines.
Critics argue that these policies are altering and minimizing the freedom to choose by limiting options and free will. Women’s healthcare is seen as violated because doctors’ roles, ethics, and unbiased medical opinions no longer matter. Doctors are no longer free to use their medical opinion and best care for their patients in the way they see fit.
Solutions:
The emphasis behind these laws is on education – women should know the risks and consequences of abortions. So, it is in keeping with this line of thinking that they should also know the risks of pregnancy and how to avoid it if that is their choice.
The primary goal of these laws is to limit the number of abortions taking place. Instead of involving itself in the delivery of healthcare, the State should prioritize and fund sexual education programs, particularly those concerning contraception and access to it. The Guttmacher Institute reports that 49% of all pregnancies in the U.S. each year are unintended and that about 5% of reproductive-age women have an unintended pregnancy each year.
The one good outcome of all these mandates is that women and girls, across the country, are becoming aware of their rights and health related issues. Standards of stigma and taboo related to publicly discussing such issues is waning and people are becoming proactive.
To engage in the debate, educate yourself. Follow the pop culture trends, review the work of comedic liberals or read op-eds by conservative lawmakers. But get informed and take a stand. Your health is what is being debated about in Congress. Care about what is put in your vagina whether it is ultrasound wands or organic tampons. Choose what is right for you. To learn more about healthy options for your vagina, check out Maxim products.