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On Monday, May 2nd, as many of us were sitting down to dinner, a shockwave circulated the nation in the form of a leaked Supreme Court draft. The draft, released by Politico, highlighted a majority opinion written by Justice Samuel Alito, displaying a recent decision to overturn Roe vs. Wade. To say it left a fearful aftertaste in America’s mouth is an understatement.
Roe vs Wade, decided in 1973, gave women the constitutional right to abortion under the 14th amendment’s “right to privacy clause." This case was crucial to the women's rights movement as it demonstrated the success of a long and hard fought battle for the right to choose. But Alito states that abortion isn’t technically mentioned anywhere in the constitution and for something to be considered a right you have to take into account whether or not it is something “deeply rooted in our history and tradition." But the 21st century realities for a woman are polar opposite from 18th century realities. We’ve pulled away from those traditionalist values; relapsing would cause irreversible damage to women's reproductive rights for perhaps decades.
If this draft becomes reality, it does not mean the immediate end to all abortion care, but instead, the country will revert back to state regulated abortion control, as it was before Roe. In other words, 26 states will likely ban abortion while 13 states (Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Wyoming) are certain to. California, specifically, has certified that it will remain an “expanded access” state, essentially meaning that it will continue the practice of abortion while also providing additional financial, housing, and travel support.
As is often the case in this country, it will be the underprivileged, low-income women of color who will bear the brunt of the effects of this decision. In order to seek abortion, women will have to travel wide distances to reach states that provide it. This obviously will be an issue for women in poverty who are not able to pay travel costs, and maternal deaths as result of “back alley” abortion procedures will occur at high rates. Maternal deaths among Black women are projected to increase by 33% if the ban occurs.
Inability to escape pregnancy at all can result in increased chance of economic hardship, likelihood of staying with abusive partners and inability to pursue careers, according to the Turnaway Study conducted by ANSIRH. This is big in the pro-choice movement, as advocates of choice argue that ability to choose to terminate pregnancy is a key aspect to the advancement of women in this country.
But no matter where you are on the pro-life/pro choice spectrum, the facts remain the same. A study done by the Guttmacher Institute found that countries that restrict abortion actually have the highest unwanted pregnancy rates, meaning that women in these countries will still seek illegal, often dangerous, abortion in mass numbers. In the pre-Roe United States, 1.2 million women got unsafe abortions each year, resulting in the deaths of around 5,000 women annually. Other strategies, like providing free birth control and sex education, prove to be much more successful in reducing abortion rates and don’t come with the threat of unsafety, so why is banning abortion the route we seem to be taking?
Of course, conversation around this cannot happen without acknowledging the history of oppression women have faced in this country. The unequal power dynamic between the sexes leads to the constant objectification, exploitation and abuse of the female sex. It's no surprise that this same society is attempting legislation that will control women’s bodies across the entire nation, without the majority of their consent.
Religion, specifically Christianity, also heavily shapes views on abortion, which begs the question of if we really have a separation of church and state in this country. Most Pro-life arguments are based on Christian belief that “life begins at conception” and while citizens are entitled to their beliefs, it is highly problematic to base legislation off of this, considering the religious diversity we have in the nation.
Lastly, the part of this event that is the most angering is who is making this decision. There are five Justices who will vote to overturn Roe, four of which are men. Why, when they will never be faced with unwanted pregnancy, never will experience the effects of it, and therefore can never understand the importance of choice around abortion, are we allowing men to be the deciding factors in this case?
Furthermore, two out of these four men are Justice Clarence Thomas and Justice Brett Kavanaugh. Thomas was famously accused of repeatedly sexually harrassing his assistant Anita Hill, while Kavanaugh was accused of various forms of harrassment including attempted rape. These are the men who are overturning Roe. These are the men who are making decisions about women's bodies across the entire nation, a disturbingly familiar picture.
Encinal students participate in a walkout on May 6 (Images via Arianna Zalder).
The pressure of Roe overturning implies that the stripping of abortion rights won’t be the only thing being taken from us. If the minority group that wants to see Roe vs Wade overturned wins, they won’t stop there. Same sex marriage, access to sexual education, and access to contraception will be jeopardized. In a grander sense, the overturning of this case may also put into question the overall faith and legitimacy of the Supreme Court.
As of today, protest movements have erupted across the nation in nearly every state. Just because California has deemed itself a safe haven for women seeking abortion, it hasn’t stopped protesters from voicing their opinion. The Bay Area has recently held protests in San Francisco, Oakland, and Alameda, gathering over thousands of women to march in solidarity with women across the country.
The fight for women's rights is plainly and painfully a never ending one. Yet we’ve progressed as a country to finally allow for the exploration of gender identity and reproductive decisions through generations of courageous women. The short answer is that overturning Roe vs Wade will not benefit women whatsoever. It instead will only reinforce the sexist policies our country has to offer, favor highly religious views, and will drastically put women's health at risk. While all of America holds our breath in anticipation of the Supreme Court’s decision, we have to continue to be outspoken. We have to continue the conversation around abortion and women's rights. And we must continue to hold our government accountable.
Gabby Benaquista contributed to this article.
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