35 years after Roe v. Wade
Women fight to keep abortion legal, accessible
By
Kathy Durkin
Published Jan 17, 2008 10:40 PM
Jan. 22 marks the 35th anniversary of the legalization of the right to abortion
in the United States. The Supreme Court’s landmark 1973 ruling in the
case of Roe v. Wade finally guaranteed women the right to obtain safe, legal
abortions in every state in hospitals, clinics and doctors’ offices.
It was meant to be the end of unsafe procedures, self-abortions, secrecy,
abortion mills, back alleys and fear, an end to injuries, infections and
lifelong health problems. No longer would 5,000 women a year die from botched
procedures.
This writer had many women friends who went through the anxiety, fear and
difficulty of obtaining abortions prior to 1973. Two situations come to mind: a
co-worker who had been raped and then received a botched abortion, only to have
to struggle for medical care at a hospital, and a California university student
who had to wear a blindfold and ride in a car with strangers across state lines
to get to an abortion mill.
With legalization, there was no longer a need for the underground networks that
had courageously defied the state and helped women obtain abortions. It meant
that doctors—like the heroic Dr. Kenneth Edelin—nurses, midwives
and other health care providers could aid women needing abortions without
having to fear criminal harassment and prosecutions, either of their patients
or themselves.
For the 1.3 million women a year who had abortions, and for their sisters,
daughters and friends who would seek the procedure in the future, Roe v. Wade
was a huge step forward for women’s rights and health.
Though the Supreme Court was the vehicle, this right came as a result of years
of hard-fought struggle by a mass movement of women and their supporters who
marched and rallied around the country. The nine justices, many of whom were
conservatives, were forced to grant this important right.
Hyde Amendment was racist and anti-poor
But the ultraright, anti-choice forces immediately went on the offensive and
began a campaign of violence against clinics. They got help from the capitalist
political establishment. With utter contempt for low-income women, Congress
passed the racist, anti-poor Hyde Amendment in 1977. It was a liberal,
President Jimmy Carter, who signed it. The Hyde Amendment banned the use of
Medicaid funds for abortions. Medicaid had covered 300,000 abortions annually.
This was a stunning blow to poor women, especially the young, single mothers
and many from African-American and Latin@ communities.
Rosie Jimenez, a single mother, was the first to die as a result of the Hyde
Amendment that same year when she desperately sought an unsafe abortion.
The National Black Women’s Health Project, in a coalition with labor and
civil rights groups, campaigned to gain some exceptions to the Hyde Amendment,
but the law’s overall impact has hit millions of poor women hard; most
states do not fund abortions.
Since then, the right to choose has been under siege by reactionaries on all
sides who have been scheming to overturn Roe v. Wade—from the halls of
state legislatures up to the Supreme Court, which in 2007 ruled for a federal
abortion ban on certain procedures and threatens to undermine them all.
Pro-choice organizations anticipate that if the right wing succeeds in
overturning Roe v. Wade, the majority of states will impose abortion bans,
especially in the South, and that women will have to resort once again to
desperate measures, risking their health and well-being.
Today, hundreds of local laws curtail and put obstacles in the way of access to
safe abortions, while sex education and contraceptive information are also
limited. A shocking 88 percent of all counties and 97 percent of rural counties
have no abortion providers. Few medical schools are training doctors to perform
abortions.
Many women who cannot get safe abortions where they live must raise funds to
travel to other states. Often they must have later-term, costlier procedures.
Because of these obstacles, some women, once again, are resorting to secret,
unsafe abortions or self-abortions.
There have been dangerous government prosecutions of young Latina@ immigrants
for exercising their right to choose. In 2004, Gabriela Flores, a 22-year-old
farmworker and mother of three who could not afford another child, was jailed
in South Carolina for four months for taking an abortifacient [abortion
inducing] drug. And she is not the only one.
But the history of this movement is also filled with courage and determination
by committed pro-choice activists, women’s and health care organizations.
Heroic clinic workers, doctors, nurses and midwives have faced down reactionary
attacks, keeping their clinics open and operating despite harassment,
defacement and even arson. Bombed clinics, as in Birmingham, Ala., have been
rebuilt with community support. There are doctors who, despite threats,
harassment and stalking, travel to provide needed reproductive health
services.
The pressure of pro-choice and women’s healthcare advocates gained the
legalization of medical abortion drug RU 486 as well as Plan B, the emergency
contraceptive.
There have been victories, large and small, and many outpourings and protests
in support of reproductive rights. The March for Women’s Lives in
Washington, D.C., in April 2004 was historic: more than 1 million women and
their supporters participated. Two years later, grassroots organizing set back
an abortion ban in South Dakota. Dedicated women’s rights activists kept
clinics open in Jackson, Miss., and Birmingham, Ala., when reactionary forces
tried to shut them down. And pro-choice activists fight daily state-by-state to
maintain reproductive rights.
In this election year, it is important to remember what it took to win the
victory encompassed in the Roe v. Wade decision. It was not due to politicians
or candidates or judges, but a mass movement. Now that the majority of people
support the right to choose, due to the hard work of the reproductive justice
movement, it is reflected in the pro-choice positions of most liberal
candidates and progressive legislation.
The reactionary right wing in the capitalist U.S. continually tries to roll
back, if not wipe out, rights and gains made by people’s struggles.
Right-wing candidates make misogynist assaults on reproductive rights to divert
attention from the Iraq war and the deteriorating economy.
In most other industrialized countries, reproductive rights are seen as medical
issues and guaranteed within the health care system.
The mass struggle is now needed to push back the right wing and to maintain and
expand reproductive rights for all, especially youth, low-income women and
women of color, those who face the brunt of the right-wing attacks and budget
cuts.
Women need a comprehensive, government-funded health care system that covers
pre-and post-natal care, contraceptives and abortions. Maternal mortality has
been increasing in many poor and oppressed communities due to lack of medical
care and coverage.
Today, many organizations are pushing for all aspects of reproductive
rights—for sex education, family planning programs, access to
contraceptives and abortions, health care, medical insurance and social
programs so that women who choose to can have and raise healthy children. Some
60 groups are now pushing to overturn the Hyde Amendment, under the slogan of
“Hyde—30 years is enough!”
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