That Can't Happen Here - Oh YES IT DOES
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Reproductive Health & Prosecution
Background
There is a particular destructive tension in our country. It is the conflict between the federal government and the individual states regarding who has jurisdiction over different issues.
When we allocate personal freedom issues to the states we get things like segregation, restrictions on who can vote with literacy tests and poll taxes, and whether or not you can have an abortion. Today we will focus on abortion.
Self Managed Abortion and Prosecution
I went to the United State of Women webinar on Self Managed Abortion yesterday. It was quite an eye opener.
I will do my best to summarize but before I go too far, here is a link to a YouTube recording of the presentations. Self managed abortion typically means taking medication to terminate the pregnancy.
Where is medical abortion legal? Check the map below. States colored black allow clinician provided prescriptions, states colored grey allow physician-only provided prescriptions (usually in person), and states colored orange abortion is banned.
So, do you have to go to a doctors office to obtain a prescription for a medical abortion? In some states yes, some no and where abortion is banned it is just out of the question. Blue states below allow Telehealth to be used to get a prescription. Orange states have at least one Telehealth restriction, and the 14 grey states ban abortion.
The legal assistance organization If/When/How, located at many universities, tracks the criminalization of self managed abortion and has found that there have been 61 people investigated and or prosecuted for having an abortion or helping someone have one. Here is a link to their website. They found that menstrual tracking apps were not involved in any of these 61 cases. Instead, it was people that turned in people, often healthcare workers or other acquaintances. However, there was a case where text messages were obtained by law enforcement and used to successfully prosecute so
KEEP YOUR DATA SAFE
The Digital Defense Fund has a number of tips to keep texts, calls, and internet use private. Here is their site.
Prosecutions
The problem is that in many states abortion is illegal. Women perform self managed abortions generally using medication. These may be obtained by mail even though in many states that is illegal. If they discuss their self managed abortion with a provider or show up at an ER, they are subject to prosecution. Now think for a minute, there is no test for any abortion medication in the blood stream and if you show up at an ER with a miscarriage you are just as likely to be subject to prosecution. Hold that thought.
According to If/When/How, “Investigations occurred in 26 states despite the fact that only seven states historically criminalized self-managed abortion; today that number is just three (Nevada, South Carolina, and Oklahoma). This means that overzealous police and prosecutors have circumvented the law’s parameters in many states, subtly using criminal laws not meant to apply to allegations of self-managed abortion. Strikingly, regardless of whether these became the final charges, law enforcement considered applying murder or homicide charges in 43% of all 61 cases. These considerations happened twice as frequently in cases involving people of color compared to non-Hispanic white individuals. Racism and stigma infiltrated these investigations and further entrenched them in a crushing criminal process.”
Collateral Damage
Women who wind up being prosecuted for self managed abortions are typically low income. If you have resources you can figure out what to do. Having an arrest on your record, even if it is not prosecuted, can damage you fo a long time. Employment or employment opportunities can be lost, access to housing can be lost and so can your access to needed social services. If you are not yet a citizen, deportation can be the result. This business of letting the states decide is a horrible travesty.
Abortion Medication by Mail
There are many organizations that provide the prescriptions by mail (See United State of Women below). Aid Access is a European website founded by a physician to help women obtain medical abortion drugs by mail. In the past they had the medications sent from India and it could take more than a week. Now they are utilizing doctors in the US to ship pills to women in states where abortion is illegal. The doctors are in states that have shield laws to protect them from prosecution from other states. The Washington Post article is here.
Reproductive Health References
Miscarriage and Abortion Hotline has references about where to procure abortion medications. They also assist women in the process of self managed abortion or miscarriage by phone or text and will respond in an hour. Details and hours of operation at their website.
United State of Women Reproductive health page (bottom of the page) has important resources such as medical support, access to Telehealth, prescriptions by mail, and legal support references.
If you need financial help with an abortion try abortionfunds.org
Practice careful communications - The Digital Defense Fund has a number of tips to keep texts, calls, and internet use private. Here is their site.
ACTION
Let’s let our Congressperson, Senators and the President and let them know that the current situation oppressing women is unacceptable. Tell them to pass the Women’s Health Protection Act NOW to make abortion legal and safe and available in all 50 states. Links to their phone and email is below.
You can also use RESISTBOT to send an email to them by texting SIGN PVFGTW to 50409 from your smartphone.
“ I am your constituent. I want to bring to your attention that 61 women have been investigated or prosecuted in the US for self managed abortions. They are turned in to law enforcement by healthcare providers or acquaintances. These women are mostly low income and can lose employment, access to housing and social services. There have even been cases where women were subject to deportation. HOW HEARTLESS DO WE HAVE TO BE? RESTORE THEIR RIGHTS AND PASS THE WOMEN”S HEALTH PROTECTION AT NOW. I’m waiting for you to do your job.”
Find My Elected Officials
Contact the White House https://www.whitehouse.gov/contact/
Contact State and Federal Representatives
https://www.commoncause.org/find-your-representative/addr/
Important Healthcare Resources
League of Women Voters Healthcare Reform Toolkit
Our Newsletter resources including reproductive healthcare
Healthcare Advocacy Reading List
Organizations to Contact
NARAL - Pro Choice America
Planned Parenthood
Physicians for a National Health Plan
Claims Denials and Appeals & What to Do
Appeal a Healthcare Decision
Appeal/Negotiate a Hospital Bill
Save Democracy
Chop Wood, Carry Water by Jessica Cravens
RESISTBOT
Link to the RESISTBOT site to learn more
Link to Chop Wood, Carry Water Resistbot write up