Fighting Abortion Bans one State at a Time

April 3, 2007

NOW members and leaders throughout the country are fighting abortion bans. "What is most frustrating about these horrible anti-woman bills is that they take feminist activists' time and energy away from other very important work, like fighting for paid family and medical leave, improving access to health care for women and children, stopping hate crimes, and working on legislation and programs that help mothers and caregivers," says Melody Drnach, NOW's Action Vice President. "For more than 40 years, NOW members have been working for reproductive rights, and today chapter activists continue that fight along with the struggle to secure reproductive health and justice for all women."

On the Front Line in Mississippi

Last month, Mississippi NOW (MS NOW) activists successfully stopped a immediate ban on abortion by working with legislators to raise awareness about the devastating impact it would have on the women of Mississippi. Similar to the ban attempted in South Dakota, the Mississippi bill would have made abortion illegal in most cases and made it a crime to perform an abortion, except in cases of rape, incest, or when a woman's life is in danger. In a compromise measure, the legislature passed and the governor signed a ban on abortion that would take effect only if Roe v. Wade is overturned. In that case, exceptions would be allowed only for rape and to save the woman's life. Women suffering health consequences or girls pregnant as a result of incest would be denied an abortion.

"Organizing in hostile environments sometimes seems like such an uphill struggle. This session, organizing against this dangerous bill felt a bit easier because we have an incredible base of activists ready to respond," said Shannon Reaze, Jackson NOW chapter leader. This motivated activist base is largely the result of the recruiting efforts of local leaders during last July's Reproductive Freedom Summer. Jackson and MS NOW leaders rallied hundreds of activists to respond to a national attack by Operation Save America (formerly Operation Rescue) on the one remaining clinic abortion clinic in the state. Hundreds of activists responded and kept the clinic open. Calling on these same supporters, MS NOW quickly galvanized activists this session to come to the statehouse to meet with legislators and turn back the abortion ban legislation.

Although the proposal to ban abortion immediately was halted, opponents filed a series of bills designed to further roll back access at the one remaining clinic in the state. MS NOW activists developed an outreach plan and distributed materials to raise awareness about the impact of the proposed legislation that would make it even more difficult for young women and low-income women to obtain an abortion. MS NOW organized community dialogues, hosted public screenings of documentaries on abortion, and implemented a community-wide mobilization strategy. MS NOW leaders also arranged meetings with the bill's authors to discuss their concerns and to express opposition to the various bills. They also brought activists together in the state capitol, Jackson, to participate in political advocacy training and to create opposition lobby days.

In the end, the Mississippi state legislature did pass a comprehensive bill that will have a negative impact on women seeking abortion services. Signed by the governor in March, the "trigger law" bans abortions in Mississippi if triggered by the Supreme Court overturning Roe v. Wade. The bill also has provisions that go into effect immediately. Like bills proposed in many other states, this legislation requires women to sign a form confirming they were offered an opportunity to view a sonogram and listen for a fetal heartbeat.

The women in Mississippi lost this session — at the hands of legislators who do not place much weight on their responsibility to preserve and protect the lives and health of women they represent. "This action is designed to make women to feel guilty about a decision that they made well before arriving at the clinic for abortion services," said Jenni Smith, MS NOW president. "We will continue to raise our voices and to fight to preserve abortion as a safe, legal option for women in our state."

Activists Fired Up in Other States

South Carolina has also been in the news with its legislature's recent attempt to inhibit women's access to abortion. The bill, which passed the state House and is now before the Senate, requires a woman to view an ultrasound before she can have an abortion. After extensive debate, they rejected an amendment that would have exempted survivors of rape or incest from this requirement.

This latest restriction would increase the cost of the procedure and take it out of the financial reach of many women, and outrage has compelled activists to heat up the phone lines and let their legislators know that the proposed legislation presents an even greater burden on women seeking access to a safe, legal abortion. "Already living in a state with a tremendous number of restrictions on abortion, if this legislation is approved, women in South Carolina will be faced with some of the harshest restrictions in the country," said Drnach.

In recent years, many states have instituted restrictions to place additional burdens on women seeking abortions. However, this would be the first law that forces a woman to look at an image as part of a medical procedure. "Clearly, there is no medically necessary reason for forcing women to view an ultrasound image of a fetus. This is designed to intimidate the women in South Carolina, and make it more difficult for them to afford an abortion by increasing the cost," said Drnach. Several states already require women to pay for an ultrasound before an abortion and some (like Mississippi) require doctors to "offer women an opportunity to review" the images. South Carolina activists continue to organize and mobilize — using calls, letters, and visits to senators to try to stop this terrible bill from becoming law.

Other states currently considering anti-abortion legislation include North Dakota and Utah where, in the last few months, bills were introduced that would make abortion illegal if Roe v. Wade is overturned. In North Dakota, the measure passed the state House and is under debate in the Senate. The same trigger law was expected to pass the Utah legislature in this session, but the legislature ran out of time before it could vote on the measure. The bill's author, however, has promised to introduce a law next year that would immediately ban abortions outright, without waiting for the Supreme Court.

In South Dakota, a bill banning abortion passed in the House in February, but was voted down in the Senate committee. In Virginia, a measure prohibiting a pregnant woman from terminating a pregnancy through induced miscarriage or abortion passed in the House but failed in the Senate. Anti-women's rights legislators in Tennessee, Alabama, Georgia, Kentucky, Missouri, Ohio, Oklahoma, West Virginia, South Carolina, Montana, and Texas have introduced legislation to further restrict or outlaw abortions or to impose additional burdens on women who seek abortions.

In all states where abortion rights are being challenged, NOW activists continue to be on the front lines doing what we do best — taking action.