After the Supreme Court reversed Roe v. Wade almost two years ago, voters in several states have enshrined abortion rights in their state constitutions through ballot measures. In November, people in at least 11 more states can vote on abortion rights ballot measures. Some of the proposed language of the initiatives, such as Colorado‘s, concerns only access to abortion, while others, such as New York propose Equal Rights Amendmentprotect the range of reproductive freedoms, including gender identity and expression, reproductive health care and pregnancy outcomes.
However, the majority of these initiatives do not protect abortion rights throughout pregnancy—in many proposed ballot measures, the weight stops at the viability of the fetus, which is judicially created and imprecise medical term that can occur anywhere between 24 and 26 weeks of pregnancy. This essentially resets his protections Roebut reproductive and birth justice advocates say that simply restoring safeguards is insufficient to protect people’s reproductive autonomy.
Roe never aligned with birthrightness
Birthright organizers and advocates have told us before about how Roe, even when it was the law of the land, inadequately protected the interests of people giving birth. Data is backed up: Since when Roe decided in 1973 in the decision of June 2022 at Dobbs v. Jackson Women’s Health Organization who overturned it, above 1,800 people faced criminal investigation, prosecution and/or imprisonment due to the results of their pregnancy. In a 2023 exhibition, approx 1 in 5 Women and births reported experiencing mistreatment while receiving care, with higher rates among Black, Latino, and multiracial women and births. More black women and people who give birth report experiencing cenforcement during labor and perinatal care than their white counterparts. Health care providers examine pregnant black women use of substances more often than white pregnant women, which contributes to the “care pipeline from womb to foster.” State ballot initiatives on abortion are an opportunity to create legal protections to address these birth disparities.
Jacqueline Hammock, president of the Birth Rights Bar Association, an organization that equips lawyers and advocates to creatively address human rights violations that occur during pregnancy, birth and the perinatal period, said that because of the connection between abortion and birth justice, abortion Ballot initiatives must promote autonomy throughout pregnancy.
Abortion rights and birth justice “are inextricably linked to the human right to bodily autonomy and the reality of pregnancy as a process with multiple possible outcomes, including abortion, miscarriage and birth,” Hammock said.
Some states brought birth justice advocates to the table
Two ballot initiatives approved by voters and lawmakers since his fall Roe v. Wade they have one thing in common: Birth justice advocates were “at the table” when the initiatives were developed, according to Farah Diaz-Tello, senior counsel and legal director at the reproductive justice advocacy and outreach organization If/When/How.
Diaz-Tello pointed to some recently passed birth-justice-inspired legislation and ballot initiatives as a possible blueprint for other states, including California AB 2223which prohibits the criminalization of pregnancy in the state and was signed into law on September 2022and Michigan’s Reproductive Rights Initiative, which they vote resoundingly was validated in 2022.
“It was important for this state’s coalition to create the strongest possible protections,” Diaz-Tello said.
Virginia suggests constitutional amendmentwhich may not be on the ballot until November 2026 at the earliest, it has language similar to Michigan and California’s AB 2223 and “we hope it will provide decision-making protections and freedom from criminalization for individuals throughout pregnancy and potential outcomes,” Diaz said. Tello.
According to Hammock, two state initiatives promoting birth justice on the ballot this November are in Maryland Law on the right to reproductive freedomwhich states that every person has a fundamental right to reproductive freedom and prohibits the state, “directly or indirectly, from denying, burdening, limiting the right” and New York Equal Rights Amendmentwhich would prohibit discrimination based on pregnancy or the results of pregnancy.
As advocates work to restore and improve abortion rights afterDobbsthey must also ensure the promotion of birth justice, Diaz-Tello said.
“Our work to create a future where people have access to the reproductive care they need must also include people who give birth, because they are often the same people at a different point in their lives,” said Diaz-Tello. “The maternal mortality crisis and the abortion access crisis may seem like they are running on parallel tracks, but in fact they are wagons on the same train.”
Hammock said the birth justice movement cannot strive toward a world that respects and realizes the rights of pregnant and birthing women while supporting policies that undermine the rights of pregnant women. And any ballot initiatives or policies they establish parental consent/notification; requirements, criminalize pregnancy outcomes, or protect birth attendants, or institutions that engage in coercion, manipulation, or obstetric maltreatment or violence to coerce birthing individuals into complying with provider preferences also conflict with birth justice .
“We cannot support legislation or initiatives that limit pregnant women’s right to bodily autonomy at any stage of pregnancy in the form of viability restrictions,” Hammock said. “By the time people can make the decisions about labor and birth, they are very likely to have moved beyond any definition of viability. We have also seen how viability constraints create a cultural framework that privileges the value of an embryo over the value of a person giving birth.”
Tanay Lynn Harris, director and co-founder of Bloom Collective, a reproductive justice organization that provides bias-free postpartum services in Baltimore, said she has heard from clients who have experienced coercion or privileging of a provider’s preferences over their own during pregnancy. during their labor. and delivery process.
“We’ve had clients in the past where the obstetrician told them they wanted to schedule an induction and there was no medical reason, even though that particular family was very clear that they wanted to do their best to have a vaginal birth. Harris said. “Then we find out that particular obstetrician wants to go on vacation, so they schedule the admission. This programming does not allow for autonomy because of the lack of transparency.”
How can the upcoming votes honor birthright?
Harris said the ideal legal protection of reproductive justice would ensure people’s right to access the support they need.
“How about if someone had access to be able to get at least ten for free [methods of] supports, and they could name and claim whatever support they want—whether it’s pelvic floor therapy, yoga, spa therapy, prenatal or postpartum massage, a postpartum doula or midwife, home birth, or being able to go to a center births. I think that would be a game changer,” Harris said.
Birth justice advocates say they hope state abortion rights ballot initiatives will lead to an examination of the maternal health care system and a recognition of the importance of actively including birth justice activists and leaders in reproductive rights advocacy and education.
“Hopefully, as more states restore access to abortion in their state, we can rethink the reproductive health care ecosystem and ensure that people have access to a range of providers, including midwives, nurses, family medicine doctors, who can all to work together to make sure pregnant women in these states can access respectful, safe and dignified prenatal care and births,” said Diaz-Tello.
True alignment between reproductive justice and birth justice can only be achieved when birth justice advocates and leaders are actively engaged throughout the voting process,” Hammock added.
“This is the best way to ensure that ballot protection measures meet the needs of [of birthing people]which is equally true of citizen-initiated initiatives, where birth justice leaders are often underrepresented among abortion rights activists, and as true of legislative initiatives that provide an opportunity to educate lawmakers about birth justice Hammock said.
Harris emphasized that reproductive justice principles must be incorporated throughout the state abortion ballot initiative process.
“You can’t get birth justice without reproductive justice,” Harris said. “They go hand in hand. We need to stop focusing on these specific issues and start looking at them from a holistic model.”
