Compassion After Roe v. Wade

Posted Aug 13, 2022 by Sidney C. Roberts, MD, FACR

When I write about a contentious subject, it is invariably to educate myself, not to stir up controversy. I may have preconceived ideas about what I think. More often than not, I find that my understanding of a subject deepens – and my stance softens – the more I read. And so it is with abortion.

I have been “pro-life” my entire life, although that means different things to different folks.[1][2] It is common knowledge that Ruth Bader Ginsburg believed that Roe v. Wade was wrongly decided – that it went “too far” and was a “breathtaking” decision – even though she believed abortion was a constitutional right.[3] The recent Supreme Court decision in Dobbs v. Jackson Women’s Health Organization has thrown abortion regulation back to the states.[4] What do we do now?

To watch the anti-abortion movement as a whole, one would think that the only way to decrease the number of abortions is to outlaw abortion altogether. Yet Americans – for many reasons[5] – are having half as many abortions as 30 years ago. The typical woman who get an abortion today is unmarried, already a mother, in her first trimester, in her 20s (not teens), has attended at least some college, and most importantly is poor (49% are below poverty level). She is unlikely to have had a previous abortion.[6] Rep. Matt Gaetz (R-Fla.) apparently thinks only 5’2”, 350-lb women who “look like a thumb” are complaining about abortion rights.[7] In reality,

“It’s people who don’t have access to health care, access to contraception, who, when facing an unintended pregnancy, don’t have the resources to have another child.”[8]

In 2021, Texas passed a “trigger” law[9] which prohibits abortion after a fetal heartbeat is detected (around 6 weeks, or 2 weeks after a missed period), with the only concession being a medical emergency that necessitates an abortion. Rape and incest are not allowed exceptions. In addition, it allows any private citizen to sue Texas abortion “providers” who violate the law, as well as anyone who “aids or abets” a woman getting the procedure.[10] Some pro-life conservatives are “[losing] trust in the judgment and good faith” of their colleagues who seem interested in “performative cruelty” instead of compassion. Writing for Bulwark+, Charlie Sykes notes, “The GOP will be far more passionate about attempting to ban abortion pills than they about expanding child tax credits or parental leave laws. (Not to mention the many “pro-lifers” who embraced bizarre anti-vax conspiracy theories that have costs hundreds of thousands of lives.)”[11]

It is rare to find anyone (who is not a politician) who does not support at a minimum exceptions for rape, incest, and when the mother’s life is in danger (such as ectopic pregnancy). Indeed, the Department of Health and Human Services mandates emergency treatment under the Emergency Medical Treatment and Labor Act, or EMTALA. This federal law preempts any state law to the contrary.[12] Unbelievably, Texas is suing over this.[13]

State Representative Travis Clardy (R), from Nacogdoches, acknowledged, “Legislatures will have to deal with whether to allow abortion in cases where mothers’ lives are in danger and whether the fetus was conceived through rape or incest.”[14] The Southern Baptist Convention’s own Ethics and Religious Liberty Commission signed on to an open letter along with leading pro-life organizations saying, “We state unequivocally that we do not support any measure seeking to criminalize or punish women and we stand firmly opposed to include such penalties in legislation.”[15] But some in the fundamentalist wing of the church want no exceptions or compromise when it comes to abortion and prosecution of those involved.[16] One conservative Christian site even advocates treating women like mental patients with “mandatory psychiatric custody.”[17] Women are getting cast aside by the pro-life movement.[18]

One could conclude that the far right has determined that the expectant mother’s life is valued less than that of the unborn child, no more than a vessel – a second-class, Jim Crow-era kind of citizen. Similarly, there is an unwillingness to recognize interventions that can make abortion less necessary, such as accurate and appropriate sex education, adequate insurance coverage and health care, greater access to emergency contraception, better education and career opportunities, child care, housing, and services for disabled children.[19]

As pro-life conservative David French points out, “Remember, abortion used to be more common even when it was mostly illegal. Thus it’s vital that any additional regulation of abortion be accompanied by an expansion of political and cultural support for young families.”[20] Non-profits alone cannot meet all the needs of expectant mothers. But abortion opponents too often are the ones fighting against the very expansion of services needed to truly be pro-life.[21] Our compassion, it seems, is not available to those we deem undeserving. Scarlet Letter/Matt Gaetz judgmentalism is still a thing today. (In defense of Christianity, Christians as a whole actually do a lot of the compassionate heavy lifting in this country, whether they get credit for it or not.)[22]

A strong argument can be made that pregnancy, childbirth, and postpartum care should be free.[23] Texas is swimming in tax revenue – a projected $27 billion surplus, according to our State Representative Trent Ashby.[24] What better way to demonstrate being pro-life than helping these mothers afford their children and expanding support for unborn and newborn Texans? Texas has increased funding for the Alternatives to Abortion program[25] and is proposing to provide an additional four months of Medicaid eligibility to women receiving Medicaid at the time they deliver or experience an involuntary miscarriage, for a total of six months of postpartum coverage.[26] A more comprehensive solution, as I have written before,[27] would be for Texas to expand its Medicaid program. Texas economist Ray Perryman has touted for years the economic benefit to Texas of Medicaid expansion.[28] Texas must address this now.

In the end, regardless of whether this country agrees on abortion as a constitutional right, we have a duty to show compassion and provide care to expectant mothers and their children. It’s that whole “love your neighbor” thing.[29]

[1] https://www.plannedparenthood.org/learn/ask-experts/can-you-explain-what-pro-choice-means-and-pro-life-means-im-supposed-to-do-it-for-a-class-thanks

[2] https://www.focusonthefamily.com/pro-life/abortion/pro-life-pro-choice/

[3] https://www.washingtonpost.com/politics/2022/06/27/what-ruth-bader-ginsburg-really-said-about-roe-v-wade/

[4] https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf

[5] https://qz.com/1910532/the-reasons-why-us-abortion-rates-are-falling/

[6] https://www.nytimes.com/interactive/2021/12/14/upshot/who-gets-abortions-in-america.html?referringSource=articleShare

[7] https://www.salon.com/2022/07/24/matt-gaetz-says-women-look-like-a-thumb-shouldnt-complain-about-abortion-rights/

[8] https://www.nytimes.com/interactive/2021/12/14/upshot/who-gets-abortions-in-america.html?referringSource=articleShare

[9] https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00008F.pdf?utm_source=substack&utm_medium=email

[10] https://www.acponline.org/advocacy/state-health-policy/texas-heartbeat-abortion-law

[11] https://morningshots.thebulwark.com/p/a-culture-of-life-dont-count-on-it?utm_source=substack&utm_medium=email

[12] https://apnews.com/article/abortion-health-government-and-politics-4221f9306a596904b9af2e0d1fad23b9