{"id":1150,"date":"2004-10-04T01:57:26","date_gmt":"2004-10-04T09:57:26","guid":{"rendered":"http:\/\/www.amptoons.com\/blog\/archives\/2004\/10\/04\/the-overreach-of-abortion-bans\/"},"modified":"2004-10-04T01:57:26","modified_gmt":"2004-10-04T09:57:26","slug":"the-overreach-of-abortion-bans","status":"publish","type":"post","link":"https:\/\/amptoons.com\/blog\/?p=1150","title":{"rendered":"The Overreach of Abortion Bans"},"content":{"rendered":"<p>Something that isn&#8217;t talked about enough is that abortion bans overreach. That is, most abortion bans say &#8220;abortion is banned except in cases X, Y and Z.&#8221; But in practice, the very act of banning abortion ensures that for many women safe, legal abortion will be unavailable &#8211; even if they fall into one of the exceptions written into the abortion ban.<\/p>\n<p><i>Reproductive Health Matters<\/i> volume 10, issue 19 (not online, sorry), has a report on the results of Poland&#8217;s abortion ban (Poland banned abortion in 1993, except in cases of rape, a threat to the health or life of the mother, or a severely damaged fetus). The Polish abortion ban is fairly similar to what pro-lifers in the USA have proposed, except that American pro-lifers are opposed to health exemptions.<\/p>\n<p>The law didn&#8217;t measurably reduce the number of Polish abortions; it did, however, force hundreds of thousands of women to obtain illegal abortions (and it drove the price of abortions way up). However, some women who need abortions for health reasons don&#8217;t have the money or connections to obtain an illegal abortion, or cannot safely have an abortion outside of a legal hospital setting. The result, of course, is that women are hurt.<\/p>\n<div class=\"snip\">Alicja became pregnant for the third time aged 31; her eyesight had deteriorated with each of her two pervious pregnancies. A number of ophthalmologists agreed that another pregnancy could irremediably damage her eyesight, but they refused to write a letter to that effect. One finally did write the requisite letter, but Alicja was turned away from the public hospital where she sought an abortion. The obstetrician-gynecologist she saw there told her that the letter was &#8220;not enough&#8221; and destroyed it to prevent her from using it elsewhere. Because she could not raise the money to pay for a clandestine abortion, she was forced to carry her third pregnancy to term. As a result, she is now legally blind and unable to work or care fully for the child.<\/div>\n<p>The article contains other examples. One HIV positive woman, Maria, &#8220;obtained written confirmation from a specialist that pregnancy presented a danger to her health.&#8221; But hospital after hospital refused to treat her, some explaining that they simply would not perform an abortion under any circumstance.<\/p>\n<div class=\"snip\">The director of one hospital replied that &#8220;this woman does not qualify&#8221; because &#8220;HIV positive women all over the world have babies and most of those babies are healthy,&#8221; thus disregarding the fact that it was Maria&#8217;s health that was at stake.<\/div>\n<p>This is by no means a problem unique to Poland. In the United States, the so-called <a href=\"http:\/\/xxblog.com\/index.php\/archives\/2004\/09\/20\/right-to-refuse\/\">&#8220;Abortion Non-Discrimination Act&#8221;<\/a>, if it becomes law, allows health professionals (not just doctors, but also nurses, insurance agents, pharmacists, etc) to refuse to perform abortions, regardless of the consequences to the woman&#8217;s life or health. <a href=\"http:\/\/xxblog.com\/index.php\/archives\/2004\/09\/20\/right-to-refuse\/\">XX<\/a>, <a href=\"http:\/\/feministing.com\/archives\/000441.html\">Feministing <\/a>and The Well-Timed Period (<a href=\"http:\/\/thewelltimedperiod.blogspot.com\/2004\/09\/hr-3664-cnn-article-was-accurate.html\">here <\/a>and <a href=\"http:\/\/thewelltimedperiod.blogspot.com\/2004\/09\/jigsaw-puzzle-of-doom-to-get-accurate.html\">here<\/a>) have more about this law. From The Well-Timed Period:<\/p>\n<div class=\"snip\">You cannot protect the physician from the patient&#8217;s discrimination, when that &#8220;discrimination&#8221; is the patient&#8217;s need for medical treatment. Why? Because in this instance there&#8217;s no discrimination. A hypothetical religious pharmacist who is fired for refusing to dispense medication to his patient (or who fails to insure a proper referral) isn&#8217;t dismissed because there was any type of discrimination against his religious beliefs. The pharmacist is fired because he failed to perform his professional duties.<\/p>\n<p>The Bill&#8217;s title, Abortion Non-Discrimination, is disingenuous. This is a Refusal-to-Treat Bill. Incidentally, being a health care professional and refusing to treat your patients (or issue a referral) are incompatible. Up to now I also thought refusal-to-treat was malpractice. Apparently, if the patient is a woman, not so much.<\/p><\/div>\n<p><a href=\"http:\/\/respectfulofotters.blogspot.com\/2004_09_01_respectfulofotters_archive.html\">Rivka at Respectful of Otters<\/a> tells the horrifying story of an American whose preborn baby died in utero at 19 weeks. The safest procedure for removing the baby&#8217;s corpse &#8211; dilation and extraction &#8211; has been widely under attack by pro-lifers who call this and other procedures &#8220;partial birth abortion.&#8221;<\/p>\n<div class=\"snip\">The D&#038;X had a 4% risk of serious complications, the alternative procedure 29%. The problem, in the wake of Bush&#8217;s 2003 &#8220;partial-birth abortion&#8221; ban, was finding someone to do the procedure&#8230;.<\/p>\n<p>She walked around for a week, bleeding, with her dead baby inside of her, because the virulent political controversy around dilation and extraction meant that no one was willing to provide her with proper medical care. This could happen to me. This could happen to any woman.<\/p><\/div>\n<p>And keep in mind &#8211; that&#8217;s just the result of political and social pressure on doctors not to perform &#8220;partial birth&#8221; procedures. If the ban actually became law, obtaining even a legal D&#038;X abortion will become all but impossible.<\/p>\n<p>To be clear &#8211; nothing about the &#8220;partial-birth&#8221; abortion ban makes it illegal to remove an already-dead fetus using the D&#038;X procedure. But it doesn&#8217;t matter, because the effect of the ban (if it ever becomes good law) will be to make the procedure unavailable even in cases where a D&#038;X is undeniably legal and desperately needed.<\/p>\n<p>One last thought about the case of the Polish woman blinded because she could not obtain an abortion. At least in Poland, it&#8217;s in theory (if not in practice) legal for a woman to have an abortion to save herself from going blind. In the USA, pro-lifers are opposed to health exemptions, so if they had their way not even preventing blindness would be a good enough reason to get an abortion.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Something that isn&#8217;t talked about enough is that abortion bans overreach. That is, most abortion bans say &#8220;abortion is banned except in cases X, Y and Z.&#8221; But in practice, the very act of banning abortion ensures that for many &hellip; <a href=\"https:\/\/amptoons.com\/blog\/?p=1150\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[109,3],"tags":[],"class_list":["post-1150","post","type-post","status-publish","format-standard","hentry","category-partial-birth-abortion","category-abortion-reproductive-rights"],"_links":{"self":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/1150","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1150"}],"version-history":[{"count":0,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/1150\/revisions"}],"wp:attachment":[{"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1150"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1150"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/amptoons.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1150"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}