Background on Reproductive Freedom
The history of reproductive rights in the United States has been shaped by legal debates, societal perception, and ongoing conversations about autonomy and morality. Roe v. Wade, a landmark 1973 Supreme Court decision, legalized abortion nationwide by establishing a constitutional right to privacy in pregnancy decisions. In 2022, the Supreme Court heard Dobbs v. Jackson Women’s Health Organization, a case centered on a Mississippi law banning most abortions after 15 weeks of pregnancy. It gained widespread attention as the Court reconsidered the scope of abortion rights. Ultimately, the Supreme Court upheld Mississippi’s law, which weakened the precedent set by Roe v. Wade. This decision has allowed many states to overturn formerly protected reproductive healthcare services, creating variation in what is legally protected and accessible across the United States.
Introduction to the Reproductive Freedom for All Act
The Reproductive Freedom for All Act originated to protect reproductive rights by ensuring that all individuals, regardless of geographic location have access to comprehensive reproductive health services. The bill can be broken down into four parts:
- Contraceptive Access: States cannot prohibit individuals from accessing or using contraceptives or contraceptive care.
- Undue Burden: States cannot impose undue burdens or excessive obstacles on a woman’s decision to have an abortion before fetal viability.
- Regulation Post-Viability: After fetal viability, states can regulate abortion. However, an exception will be made if a health care practitioner deems that an abortion is necessary to protect the health or life of the mother.
- Safety Regulations: States can create reasonable regulations that promote the health and safety of a woman seeking to terminate a pregnancy, as long as these rules are not undue burdens.
Arguments in Support of the Reproductive Freedom for All Act
Proponents of the bill argue that undue burdens on women limit reproductive freedom and autonomy. Supporters of sex equality “observe that abortion restrictions deprive women of control over the timing of motherhood and so predictably exacerbate the inequalities in educational, economic, and political life engendered by childbearing and childrearing.” Targeted Restrictions of Abortion Providers, sometimes referred to as TRAP laws, create requirements for abortion providers that many believe are designed more to limit access to reproductive health services rather than to genuinely improve patient safety. One example of a TRAP law is the requirement that abortion providers comply with ambulatory surgical center building requirements. Rebuilding clinics to meet these requirements is prohibitively expensive, and, many believe, does not improve health outcomes for patients.
The definition of undue burden remains open to interpretation, and proponents of the Act argue that these burdens are not based on science and cause more strain on overall health and freedom. The aim of this section of the legislation is to remove unnecessary barriers or obligations that inhibit the right to access reproductive care.
Supporters of the Act argue that without federal protections, states will criminalize abortions, affecting not only women seeking to terminate unintended pregnancies but also a diverse range of patients needing medical care for various reasons. Additionally, proponents argue that restricting access to abortion leads to higher rates of unsafe abortion procedures. According to a 2018 study by the Guttmacher Institute, countries with the least restrictive abortion laws had a 1% rate of unsafe abortions, while countries with the most restrictive laws had a 31% rate. Advocates of the Act believe that regardless of the legal status of reproductive services, people will continue to seek out these services, even if it means that birth control or abortions are provided in an unsafe way. Unsafe reproductive services are considered preventable causes for maternal death and physical health risks, and are included in the World Health Organization’s list of essential health care services.
While some believe that abortion access should be legislated at the state level, others argue that restrictions in some states impact access in other states because people travel across state lines to require healthcare. For example, if New Hampshire bans the procedure but Vermont does not, people are likely to travel from New Hampshire to Vermont, increasing wait times and overwhelming clinic capacities in Vermont. For this reason, many argue that federal protection is required because restrictions in some states affect recipients of abortion services in others.
Inconsistent laws surrounding reproductive freedom and abortion can place an undue burden on healthcare providers who offer these services. Following the Dobbs v. Jackson Women’s Health Organization decision, states with total abortion bans required clinics to stop abortion procedures. Between 2020 and 2023, the overall number of abortions increased by 11%, and 17% were performed on patients who traveled from out of state to access services. Healthcare providers are now required to navigate evolving legal and medical circumstances and make decisions under uncertain conditions, increasing their liability.
Restrictions on reproductive services affect providers in several ways. Staffing sustainability, changes in organization structure, increased workload for certain practitioners, and financial costs all create an increased burden on certain providers. Some argue that restrictions on reproductive freedom will ultimately create systemic inefficiencies that increase waiting times for all patients and increase workload for staff.
Arguments Against the Reproductive Freedom for All Act
Opponents often have religious or moral objections to the nuanced nature of reproductive ethics. Some argue that there are various key features that indicate a fetus is a living being:
- Distinct: “has a DNA and body distinct from parents.”
- Living: “grows by reproducing cells… turns nutrients into energy through metabolism… and can respond to stimuli.”
- Human: “has a human genetic signature.”
- Organism: “is an organism (rather than a mere organ or tissue) [which is] an individual whose parts work together for the good of the whole.”
An embryo has the genetic makeup of a human being, and although immature, some argue that the embryo will grow to develop into a mature human being. Many have religious objections to terminating pregnancies, while others believe that terminating a fetus that has reached viability is akin to extinguishing a human life and should be regulated as such. Actions that limit the potential for life or intentionally terminate a pregnancy, such as contraceptive use or abortion, are considered unjust by some.
