The day before the Dobbs v. Jackson Women’s Health Organization decision was announced, I was at my OB-GYN. I may need a hysterectomy. We discussed tests, hysterectomies, out-of-town surgery, recovery time, etc. My two biggest worries: Whether it could be done laparoscopically, and whether I could keep my ovaries. Unfortunately, I would have to wait weeks for answers. But I left with confidence that I have a doctor I trust to help me make the right decision for me.
Does this feel like too much personal information for you? Absolutely! Yet because the Supreme Court overturned Roe v. Wade, women and people who can bear children no longer have a right to privacy or autonomy to make decisions. Because the Constitution does not explicitly guarantee a right to abortion, equality, and privacy, overturning Roe effectively formalizes women are not equal to men.
The majority opinion adopts a traditionalist approach, concluding the Constitution does not guarantee a right to an abortion. Even the dissent “cannot show that a constitutional right to abortion has any foundation, let alone a ‘deeply rooted’ one, ‘in this Nation’s history and tradition.’”
However, a traditionalist approach is flawed because in 1784 women weren’t engaged in the lawmaking process. How could they have been? They couldn’t own property, couldn’t vote, and if they worked, their earnings went to their husbands. Why would the laws have been written in a way to include them or address issues that concerned them?
The right to abortion likely wasn’t protected in the Constitution because it was so commonplace no one thought it necessary to explicitly protect it. Even Benjamin Franklin wanted to ensure women had safe access to abortions. In 1748, he took a popular English mathematics book and added instructions for how to do at-home abortions. It was a detailed and popular book, addressing single and married women of all ages. And up until the mid-1880s, abortion was regularly performed by midwives. It was criminalized, not on moral grounds, but due to fears of “race suicide” from declining birthrates among white women when brown and black populations were rising. In these contexts, abortions could be viewed as unenumerated rights, covered by the 9th Amendment, which SCOTUS has overlooked.
So, what does the future hold? The Office for Civil Rights within Health and Human Services announced that HIPPA regulations will not protect people’s privacy or security, and disclosures regarding their personal information regarding reproductive health can be turned over without patient authorization. (HIPPA rules also don’t extend to cell phones and period trackers.)
It’s a fantasy that restricting access to abortion care will reduce abortions. Lower-income earners and people of color will be hurt the most. Black women already are three times more likely to die from pregnancy than white women. In the case of women who have been victims of rape or incest, it’s reprehensible that states are implementing zero-exception legislation. Suggesting women can travel to other states for care assumes privilege: access to funds for travel, transportation, paid time-off, and/or child care. Victims of domestic abuse or incest face additional hurdles, as do those in states implementing legislation to penalize out-of-state abortions.
Women cannot get pregnant without men, so it’s insulting that they aren’t granted the same right of privacy and agency over their bodies as men. To suggest that I am incapable of making a decision about my body, my reproductive health, and family planning without government intervention signifies I am a lesser human being. To force me to carry a baby, regardless of how that baby was conceived, regardless of who the father is, without a promise of paid leave, child care, medical care, food, or child support, tells me I am nothing but an incubator. My life, education, career, and mental health are all afterthoughts. Seemingly, my baby needs only to breathe once, but the rest of its life is not significant. If it were, those other policies would be in place.
Regardless of whether you are pro-choice or pro-life, the Supreme Court has established that women have never been men’s equals, and unless the Equal Rights Amendment is added to the Constitution and Roe is codified, women never will be.
As for women in Maine or those who need a hysterectomy? Women are safe. For now. If we are to believe Paul LePage, he doesn’t have “time for [the] abortion” debate. But beware to those who don’t know their history. LePage’s anti-choice stance is well documented.
And in case anyone is worried about me having a hysterectomy and potentially being pregnant – I got my period today. I am eight days late. But no worries. I’m in perimenopause. It’s perfectly normal.
But don’t take my word for it, you can get a court order and ask my doctor.
Hilary Koch lives in Waterville. She can be reached at: hilarykoch@pm.me
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