What Is the Difference in The Abortion Policy Across States in the US?
In 1970, a Citizen in Texas State Jane Roy filed a case against Henry Wade challenging the settled precedent that Abortion is illegal. She stated that Abortion is her right, and the State laws deprive her of the right of personal privacy, which was protected by several Amendments. Before that, Abortion was illegal unless there was a threat to women’s life. Since 1973, Abortion has been legal in US except in a few states. States are enacting laws, coding procedures, and defining the circumstances. These laws are related to requirements of physicians or hospitals, gestational days limits, or partial births. US states are regulating Abortion related matters in depth. Different courts have enacted laws about public funding or private insurance coverage. There are variations across the States about the refusal to Abortion by health care or by the institution. Policies related to parental involvement in minor’s decision or the presence of one or both parents. For Abortion related policies, US states have enacted no less than 256 laws from 2017 to 2020. With the change in US central administration and with more conservative Supreme Court, current policies are considered to be contentious for abortion policies. Around 80% of these policies restrict access to Abortion. Nevertheless, there are variations on the access, process, and conditions in the Abortion policy all across the USA.
In the past year, Texas enacted a law that restricted abortion access after a period of six weeks. Conservatives celebrated the new law. Since 1973, it was the strictest law enacted to contain Abortion access. Most US citizens want abortion access across any period and circumstances. In a Reuters survey, some 52% of people desired abortion access across the US. However, the issue is highly polarized with mixed opinions about Abortion policy. Democrats adhere to enacting the legal right of Abortion nationwide, whereas the majority of the Republicans oppose Abortion altogether. People fear the reversal of Roe vs. Wade at any time by Conservatives. The states are divided on Abortion policies across the US. A few states support abortion policies and giving access to citizens. These include Colorado, Hawaii, New Mexico, Virginia, and Washington. At the same time, the majority of the other states, including Alabama, Arizona, Indiana, Kansas, New Hampshire, Ohio, and more, are curtailing abortion access.
The right to Abortion has become increasingly controversial. The opponents to abortion access policies stand on religious and moral grounds. Nevertheless, supporters declare it to be a women’s choice and right on her body. Even some legislatures are trying to bring down the 1973 court’s ruling. “2021 has clearly become a defining year for abortion rights in the United States,” said Elizabeth Nash, the Guttmacher Institute’s policy lead on U.S. state issues. Below is given the overview of US states’ abortion policies.
The US state of Arkansas prohibited Abortion in any circumstance unless it is threatening the person’s life. In the same way, Oklahoma restricted access to Abortion if there was no threat to a person’s life or danger of body impairment. Idaho, Texas, Oklahoma, and South Carolina banned Abortion if a fatal ‘heartbeat’ is detected in ultrasound. However, it is certain that these bans would be challenged in upper courts. The laws are alarming women’s rights advocates as they consider it encroachment upon women’s rights. Also, the Supreme Court’s silence on the Texas case has become an alarming situation to them.
The other restrictive abortion policy enacted in some states is trigger bans which are passed in Oklahoma and Texas. Joined by more 10 states, this bill states that they would ban Abortion if ‘Roe judgment’ is overturned. Moreover, Oklahoma has passed legislation that snatches the medical licenses of abortion health care. Some states have expressed serious disdain for abortion rights. Kansas, Kentucky, and Lowa state that they do not protect abortion rights. Although their approval would be given by ballot, it reflects their intentions related to abortion policy.
Telehealth has expanded excess to houses during the pandemic. Telehealth techniques, being used by many abortion centers, have been banned for abortion use. In Oklahoma, only the board-certified physicians can carry out Abortion which clearly restricts access to Abortion. Recently, the ‘Abortion Reversal’ bill was enacted in Arkansas, Indiana, Louisiana, Montana, South Dakota, West Virginia, and Oklahoma. South Carolina has also joined the group. This law requires that doctors must inform patients who are taking drug-induced Abortions. After giving the first dose, they would inform that there’s still a chance of a healthy pregnancy if one desires. The American College of Obstetricians and Gynecologists have declared it ‘unethical’ and ‘unproven’.
Contrary to it, proactive efforts to protect and expand abortion rights are underway. In February, New Mexico repealed its ban on Abortion. The State of California passed a resolution to lead the federal government to support fundamental reproductive rights. These include the right to Abortion, access to reproductive healthcare, and services related to Planned Parenthood health centers. Hawaii devised a policy that allows specialized nurses to provide abortion care expanding access to Abortion by increasing the workforce essential in the process. In the same way, Virginia has enacted a bill that allows health insurance agencies to cover abortions which were prohibited before the bill. Washington maternal services are required to cover abortion care. Moreover, Colorado has eased restrictions for abortion care for the victim of rape. It has removed the requirement of a physician allowing nurses and physician assistants to provide abortion care. The six-week ban in Texas has resulted in an influx of patients to the states with easy access to abortion health care.
This is quite clear that US states are very serious about abortion policy. Across the US, the states have enacted many bills, some of which strengthen access to abortion healthcare. In contrast, many passed bills intend to erode abortion rights. The abortion policy across the US is mixed due to the inherent polarized nature of the issue. If a state is proactive regarding access to abortion health care, the neighboring state is restricting access. This confused dilemma about the abortion policy must be addressed at the center.
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