If it’s one of the most personal and intimate choices a person can make, why is the US Supreme Court involved and what are the ramifications for women on both sides of the border?
Roe v. Wade
On June 24 the supreme court in the USA decided on the case of Dobbs v. Jackson Women’s Health Organization. The decision on this case overturned the historic Roe v. Wade case, which ruled that the constitution protects abortion. Roe v. Wade had been in place since 1973.
This decision was made on the basis that a right to abortion is not explicitly stated in the constitution. With this decision there is no longer federal protection of abortion and abortion laws will be determined by the individual states. NY Times shows that there are currently 13 states which ban abortion or severely limit access to abortion and many others are in the process of doing so.
While many people see this as the beginning of a fight for reproductive rights, this did not happen overnight. This has been years in the making. This is also part of a larger fight of rights for underserved populations. In the last couple years, we have seen states increasingly bring forward and passing bills limiting trans and LGBTQ+ rights. This is also not the end, as in the decision it was noted that other bills should be reconsidered. These included Griswold, Eisenstadt, Lawrence, and Obergefell, which impacts contraception use and LGBTQ+ rights (such as marriage).
The public opinion does not align with the overturn of Roe v. Wade, or the laws currently being put in place. A CNN survey conducted by a research organization (SSRS) found that in May 2022 66% of Americans believed Roe v. Wade should not be overturned. This has been consistent across time. Additionally, 59% of participants supported a law that would establish a nationwide right to abortion.
Further, the Pew Research Centre found that 6 in 10 Americans believe that abortion should be legal in all or most cases. This has also been consistent across time.
The overturn of Roe v. Wade will not impact people equally. Those with uteruses will be impacted, but Black, Indigenous, people of colour, and poor individuals will be impacted the most. States that are most likely to ban abortion or severely limit it have higher maternal poverty rates and more BIPOC individuals. Underserved groups already face barriers to accessing reproductive health care and this change will make it worse. National Black Women’s Reproductive Justice notes that Black women lack access to comprehensive sex education and contraception, and have higher rates of pregnancy-related complications, illness, and death. These systemic issues greatly impact some groups needs for abortion.
Abortion
Abortion is the removal of pregnancy tissue, products of conception, or the fetus and placenta from the uterus. This includes spontaneous abortion (aka miscarriage) and induced abortion. Induced abortion includes medication abortion (aka the abortion pill) and surgical abortion. A medication abortion is a combination of two medications, mifepristone and misoprostol. Using these medications to have an abortion can be done at home. Medication abortion was approved by the FDA in 2000 and again in 2016 and was approved in Canada in 2015.
The CDC’s data from 2019 indicates that 93% of abortion are performed before 9 weeks gestation. Gestation is counted from the first day of the last menstrual period, not from the day of conception.
At this time it is unclear what all will be impacted by the overturn of Roe v. Wade, as it will depend on wording of the laws. But it is possible that these laws will impact in vitro fertilization (IVF), ectopic pregnancies (which is when the egg implants in the fallopian tubes – these are never viable and pose great risk), and other treatments (e.g., cancer treatments, use of medications). At this time the laws are targeting surgical abortion, so medication abortion is still available. Already there have been impacts on the health and safety of pregnant people, with doctors having to consult lawyers as to what they are allowed or not allowed to do.
This ruling will impact beyond healthcare. It will impact economies, voting rights, and much more.
Abortion in Canada
While Canada and the USA share many similarities, there are also many differences. The overturn of Roe v. Wade has meant that anti-abortion advocates in Canada are pushing for reduced access to abortion in Canada. This could happen here too.
However, in Canada abortion is decriminalized and considered a medical procedure under the Canada Health Act. Organizations such as Action Canada have noted that we should not be fighting for laws around abortion, as this would put us at risk of restrictions being imposed. Alternatively, we should be fighting to increase access to abortion care.
Access to abortion care in Canada is a huge barrier. There are limited places you can get a surgical abortion, which often means having to travel. In Guelph there are no surgical abortion options. Therefore, to obtain a surgical abortion travel to nearby cities, such as Hamilton, Mississauga, or Brampton, is necessary.
Additionally, rules vary across provinces which can make accessing abortion services more difficult. Provinces continue to attempt to make changes to abortion access. In June 2021, Ontario parliament voted on a bill to reduce abortion access in Ontario. While the bill did not pass, 82 MPs voted yes.
Another barrier is crisis pregnancy centers. These are anti-abortion organizations that given inaccurate information to interfere with people’s access to abortion. Canada has more crisis pregnancy centers than abortion providers. For example, according to Action Canada, in Ontario there are 38 abortion providers and 77 crisis pregnancy centers.
If you want to help reach out to already established abortion organizations. Action Canada also suggests contacting elected officials about enforcement of the Canada Health Act, a web portal with accurate, unbiased information, and funding sexual and reproductive health – including abortion access and contraception coverage.