Joining thousands of marchers and protesters nationwide, Jody Bol, Shelby Marion and Cindy Bucholz were at the Oct. 2, 2021 gathering at Alpine Park to support abortion rights. Tara Flanagan photo
Fifty years ago today, the U.S. Supreme Court decided Roe v. Wade, guaranteeing the right to reproductive freedom and safe reproductive healthcare to this country’s women; who it could be pointed out, represent more than half the population. The era of modern health care coincided with the passage of the Civil Rights Act and court decisions guaranteeing citizen’s rights to privacy.
Roe v. Wade, 410 U.S. 113 became law on January 22, 1973. This landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction. The decision decided for “Jane Roe” and against Texas District Attorney Henry Wade, struck down many U.S. federal and state abortion laws:
“The decision was based on the Due Process Clause of the 14th Amendment to the U.S. Constitution. That court said that it provides a fundamental “right to privacy” that protects a pregnant woman’s liberty to choose whether to have an abortion. This right is not absolute, and must be balanced against the government’s interests in protecting women’s health and protecting prenatal life. The Texas law making it a crime to procure an abortion violated this right.”
Even at the time, the law was controversial, not because of the decision reached, but the basis on which it was reached: many arguing that instead of basing it on civil rights, it should have been based on human rights.
Half a century later, the rights of American women to decide for themselves when and how many children to have, their right to safe health care that does not endanger their lives, their rights to determine decisions for their own bodies, was stripped away by a right-leaning majority in the U.S. Supreme Court 2022 Dobbs decision.
It is the first time in our history that the Constitution has been used as an excuse to remove a human right.
Women gather at Alpine Park in Salida to protest recent restrictions on Texas abortion rights that have effectively replaced Roe vs. Wade in that state. Tara Flanagan photo
When that occurred, the Supreme Court didn’t just allow their personal conservative beliefs to influence their vote, they presented it under the guise of states’ rights.
In so doing, they upended our women’s reproductive health system, making the level of health care you are allowed, and what decisions a woman can make about her own body, dependent upon which state in which you reside.
Some of the current justices on the Supreme Court appear to have been less than truthful during the hearings for the positions they hold. Gorsuch, Cavanaugh, Alito, and Thomas; all played fast and loose with the truth when they all pronounced that “of course, Roe v. Wade is settled law.”
As it turns out – the first chance they had — they reversed that settled law, making us almost the only country in the Western world to prevent women from controlling their own bodies. Even strongly Catholic Mexico has passed abortion rights.
Today in 2024, a national abortion ban is a real threat. The fact that public opinion surveys show that more than two-thirds of Americans support abortion rights seems not to matter to Republicans or the far-right.
More than 20 states with conservative legislatures have passed legislation restricting women’s reproductive rights, and there are another 20 laws being proposed in other states. States like Texas are endangering women’s lives as they force women to sit in cars in hospital parking lots until they are “sick enough” to be treated.
Status of abortion bans in the United States. Abortion restriction laws are pending in several states Image courtesy of CNN
Some of those states are trying to pass laws preventing women from traveling from their home states for abortions (which is against interstate transportation and interstate commerce laws). OB-GYN doctors in states like Idaho are leaving for states such as Colorado where they feel safe to practice medicine.
Donald Trump and his supporters have already made it known that they are doubling down on this effort, should he be elected to a second term. The concerns are top-of-mind for Democrats, who have taken to saying that this year “abortion is on the ballot.”
In Colorado, there is hope that it actually is. Ark Valley Voice reported on the organization of a Colorado petition effort to put a ballot question before the voters to codify women’s reproductive rights in the Colorado Constitution. We covered it in this January 8 news story: https://arkvalleyvoice.com/lwvcc-joins-state-in-champaign-to-put-womens-reproductive-rights-petition-on-the-ballot/
Nobody should have to be in hospital dying from blood loss where a Dr. does not have the permission to save your life without approval from a board of likely extremists who believe that you should die before they allow a lifesaving procedure. Thankfully Dr. Mehos did not let me die before the decision was made. A decision that should not be based on fear of legal reprisal by the hospital, but on the right of a woman to have a lifesaving procedure like any other lifesaving procedure. That was the second time I have had to deal with pregnancy issues. The first time was in a complicated pregnancy with twins and one twin with a several deadly malformations. I chose to carry the twins to save the healthy baby who is now almost 40. His twin lived for a month in neonatal intensive care in extreme pain. These are things that only the person involved should have the right to decide. These are decisions that should only be between a woman and her doctor and family and not for example by the right wing business owner who believes that his business has the right to cause you harm in your home and is unfortunately on the board to make decisions based only on profit and not on any rights a woman may have to life or decisions for her own body. It was bad enough I had to wait and almost die before Mehos could treat me. Now we have women dying and children having babies because the law forces them and a right wing lunatic fringe willing to use that horrible moment to stick a knife in her back and use her for a political argument when she is already heartbroken or suffering. These issues should be kept out of politics entirely … I never thought I would see this day. I never thought this country would become so absolutely hateful and ignorant under the pretense that they care about life or have Christian beliefs when none of them believe in any such thing. I would bet most have not read one single word of the good book they are beating us with. They are more ignorant of Christianity and the Bible than anyone I have ever known and worse, they will not listen or learn only misquote, misunderstand and spew venom. They believe in nothing but controlling things that are none of their business and shirking their actual duties any way possible.
It was Texas then and Texas now, and being FROM Texas, all I can do is shake my head. I had the instincts early in adulthood to get out of there, and I am so glad I did. Happiness for me was Texas in my rearview mirror. The major cities in Texas are more democratic because educated, well read, and well traveled people “tend” to migrate to cities in their working years. But, the badlands of TX are vast and that segment is still able to over-vote the city populations. Men should try “turning the tables,” i.e. imagining a place where the majority rule is all women, and WE decide what rights everyone has. The deadbeat fathers and all of those tough guys with assault rifles would most likely become . . . a thing of the past. We can only hope.