Abstract
Roe’s unfinished promise: Decriminalizing abortion once and for all
Jill Adams, JD
SIA Legal Team, Graton, CA
APHA's 2018 Annual Meeting & Expo (Nov. 10 - Nov. 14)
Roe v. Wade set powerful and enduring precedent when the United States Supreme Court affirmed that the Constitution protects the right to abortion. By striking down criminal abortion laws, Roe created the promise of a future in which anyone who decides to end a pregnancy is able to do so safely, with dignity, and free from arrest. From this case emerged a promise of greater reproductive freedom and an end to the fear and secrecy that had plagued many people’s experiences of ending pregnancies.
Even though Roe addressed the criminalization of abortion providers, it still failed to fully decriminalize abortion. At least 20 people have been arrested – and some even jailed – in connection with self-managed abortion. Although Roe did not authorize criminal prosecutions of pregnant people, those who end their own pregnancies are vulnerable to prosecution under a patchwork of antiquated criminal self-abortion bans, fatally ambiguous “unborn victims of violence” laws, and other criminal laws prone to misuse by prosecutors.The combination of politically motivated prosecutors, judges bent on overturning Roe, attempts to imbue zygotes with legal rights, and renewed efforts to outlaw abortion result in a justice system primed to punish people who have abortions.
This session will discuss the SIA Legal Team’s efforts to eliminate the threat of prosecution from U.S. state laws, so pregnant people can fully enjoy their constitutional and human rights to non-discrimination, self-determination, security of their person, and health, and to be free from cruel, inhuman, or degrading treatment.
Public health or related laws, regulations, standards, or guidelines