Understanding the Mechanisms Behind State Abortion Bans: Explained

In December 2021, a doctor in Jackson, Miss. used a handheld Doppler probe to measure the heartbeat of a fetus in a pregnant woman. This incident has become the focus of a recent Time article that sheds light on the difficulties of obtaining an abortion in certain parts of the United States.

The story centers around a 13-year-old girl from Mississippi who, due to the state’s newly enacted abortion ban, was compelled to give birth just before entering seventh grade. This case exemplifies the increasing challenges faced by individuals seeking abortions, even those who should be exempt from stringent state laws.

According to Time, the girl’s mother reported that she was raped in their front yard by a stranger in the past fall. Police were contacted in January after the girl was admitted to the hospital for vomiting, and it was discovered that she was pregnant. Mississippi law allows for exceptions in cases of rape if they are reported to law enforcement, but the state’s only abortion clinic closed in July 2022.

Compounding the problem is the fact that Mississippi is surrounded by states with similar abortion restrictions, making it prohibitively difficult to access abortion services. In this particular case, the closest abortion provider was located in Chicago, over 600 miles away from the girl’s home in Clarksdale, Miss. The cost and time required for such a trip, coupled with the girl’s mother’s inability to afford it, left the girl to endure motherhood at the tender age of 13.

Following the Supreme Court’s decision to overturn Roe v. Wade in June 2022, 21 states have either banned or restricted abortion, effectively eliminating the constitutional right to the procedure. While many of these state laws include exceptions for victims of rape and incest, as well as cases where the mother’s life is at risk, there are significant hurdles to accessing these exceptions. Women must often provide proof of eligibility, a process that can be exhausting and feel hopeless.

Sexual assault is vastly underreported, with more than two-thirds of instances going unreported to the police, according to the Rape, Abuse & Incest National Network. Fear of retaliation and social stigma are among the reasons victims may choose not to come forward. This lack of reporting can result in victims being unable to meet the strict timelines imposed by states, even when exceptions exist.

Minors face even greater challenges, particularly if the perpetrator is their legal guardian. Oftentimes, young girls lack the financial means to navigate the complex legal landscape required to obtain an abortion. For instance, they may be required to obtain permission from the same person who assaulted them or go through the court system to obtain the necessary authorization.

Additionally, many state abortion bans include exceptions for cases where the mother’s life is at risk. However, these exceptions are often defined in vague terms, making enforcement and interpretation difficult. Doctors worry that they will be unable to prioritize their patients’ health due to the restrictions imposed by anti-abortion laws. They may be forced to delay necessary abortions until the mother’s life is explicitly at risk, which puts patients’ lives in danger.

These restrictive abortion laws are truly life-threatening, as they force individuals into dangerous situations and impede doctors’ ability to provide appropriate medical care. The Mississippi girl’s story serves as a stark example of the consequences of such laws.

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