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  • Saturday, January 22, 2005


    Roe v. Wade and Mississippi

    Many interesting points in A Post-Roe Postcard about the uncertain future of Roe v. Wade. More interesting to me are the ways Mississippi has found to circumvent the law and severely limit access to abortion.

    With eight of nine U.S. Supreme Court Justices over 65 and one seriously ill with cancer, much of the country is understandably focused on the possibility that their soon-to-be-appointed replacements will overturn the decision upholding the right to abortion. But in Mississippi, in many ways, Roe has already fallen. Abortion is legal here, of course, as it must be throughout the country while the landmark ruling stands. Yet, for many women, the ability to terminate a pregnancy is out of reach, buried under state laws that make the process unnecessarily difficult, discouraged by a sense of shame enforced by practically every public authority, and inaccessible for many who lack money to pay for it.

    How Mississippi all but outlawed abortion is a story people on both sides of the abortion debate are still struggling to understand. Few would expect this famously conservative Southern state to be prochoice. And Texas, Louisiana and a few other states have been competing for the dubious distinction of being the worst place to be if you want or need to end a pregnancy. But Mississippi has gone further in its hostility to abortion even than other Bible Belt states. A small, mostly rural population and the absence of local prochoice organizations have helped turn Mississippi into the perfect laboratory for antiabortion strategists.

    Virtually every possible restriction on the procedure exists here, from a mandatory 24-hour waiting period after counseling, to a requirement that minors obtain the consent of both parents to have an abortion, to 35 pages of regulations dealing with such physical characteristics as the width of a clinic's hallways and the size of its parking lot. The mounting restrictions (Mississippi passed six anti-abortion laws last year alone) have delighted anti-abortion activists all over the country, who have hailed – and copied – the state's innovations.

    Meanwhile, pro-choice activists see Mississippi as a glimpse of what might become the norm in a possible post-Roe future. "It's the canary dying in the mine," says Nancy Northrup, president of the Center for Reproductive Rights. If the Supreme Court were to reverse the decision, abortion would likely become illegal in 30 states, including Mississippi, according to a 2004 report by the center. Across what can seem like a great divide, the 20 other states have laws, constitutions or court decisions that would protect the basic right to abortion even if Roe falls. While some of these, including New York and Washington State, which both decriminalized abortion before 1973, will likely remain strongly pro-choice, others may pass restrictive laws like Mississippi's.

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