The Georgia legislature passed a new abortion bill (HB 954). Yet another law (it’s only a matter of time before it’s signed) governing the practice of medicine based on nothing resembling science.
The issues:
Fetal pain. The law will make Georgia the seventh state to enact a gestational age limit based on the false belief that a “20 week” fetus can feel pain. The lack of cortical connections as well as the absence of connections between the thalamus and the subplate before 23 weeks means that a 20 week fetus does not have the neural ability to feel pain.
Any abortions after 20 weeks must be done so the fetus has “the best opportunity…to survive” There are 2 ways to perform a 20+ week abortion: a dilation and evacuation (D&E), which is a surgical procedure where the cervix is dilated and the fetus is removed in parts, and an induction of labor, whichcan take several days in the hospital. What this law means is if a woman has an abortion for genetic reasons she must have her labor induced. The life of the mother clause does allow doctors to offer a D and E in specific situations. A fetus can’t survive before viability, so this “best opportunity” seems moot and just another way to make the experience more challenging and expensive, although if you read further it is clearly a set up for…
“Any baby born alive that is capable of sustained life must get medical aid.” Meaning if you have an induction at 22 weeks for a severe congenital anomaly, a pro-life doctor or nurse can swoop in and resuscitate your baby against your wishes. Of course, nowhere does it say the government will pay for this medical care. This medical aid against the parents’ wishes could also be applied to situations where parents have made the difficult decision not to resuscitate their premature baby.
And finally the mistake? Well, I’m not going to disclose it until after it’s signed into law. I had to read the bill multiple times to make sure I was reading, well, what I was reading. This error makes it crystal clear that no one with any basic medical knowledge read the bill.
But hey, it’s only women’s health care we’re talking about.
The Georgia abortion bill HB 954 has been widely promoted in the press as another “20 week” bill, but it isn’t (and this is the mistake in the bill’s wording that I was referring to in yesterday’s post). I think it wants to be a 20 week bill given it’s aimed at “fetal pain”, but if you read the exact wording it appears as if the lawmakers passed a bill that legalizes abortion (outside of life/health of mother issues) up to 22 weeks gestational age.
The Georgia lawmakers go to great lengths to describe how at 20 weeks post fertilization they think a fetus can feel pain (it can’t, BTW). In fact, the definition of a 20 week fetus in Georgia HB 954 is 20 weeks post fertilization, which is inaccurate medical terminology (and why I wrote yesterday that it was clear no doctor read the bill). At 20 weeks after fertilization a fetus is actually 22 weeks gestational age in medical terms.
This is the exact wording from the bill:
“At least by 20 weeks after fertilization” (in reference to fetal pain). This phrase appears 4 times in the 1st section.
“Probable gestational age is an estimate made to assume the closest time to which the fertilization of a human ovum occurred…” also in the 1st section.
And then specifically in Code Section 31-9B-1 gestational age is defined as follows: “the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced, as dated from the time of fertilization of the human ovum.”
Let’s be very clear. Pregnancy is dated from the 1st day of the last menstrual period (LMP) not from fertilization. Even when an ultrasound is performed, the additional 2 weeks pre-conception (if you will) are built into the dating. It’s even on a pregnancy calendar I downloaded and on every single prenatal wheel that OBs use to date pregnancies.
Think of gestational age dated from the LMP/by ultrasound as metric and correct, and think of the post fertilization age in the Georgia bill as an out of date Imperial system that has no scientific meaning (you sure won’t find it in any medical textbook).
Other states, such as Arizona, actually use the correct medical terminology of LMP/ultrasound in their laws. So, in Arizona when HB 2036 reads “Gestational age means the age of the unborn child as calculated first day of the last menstrual period of the pregnant woman,” it means what doctors everywhere call 20 weeks. As much as I disagree with the bill, at least they have their terminology correct.
According to the Guttmacher Institute, which I assume uses the correct medical terminology (i.e. 20 weeks = 20 weeks by LMP/ultrasound), as of April 1, 2012 there are 7 states with a 20 week gestational age limit: Alabama, Idaho, Indiana, Kansas, Nebraska, North Carolina, and Oklahoma. Arizona will be the 8th. Despite reports to the contrary, it is clear that Arizona is not imposing the most restrictive gestational age and given the wording in Georgia the Peach State will not be joining Arizona among the 20-week fetal elite.
Imposing gestational age limits is wrong. There are unfortunate circumstances where lethal or very severe anomalies are not detected until the 3rd trimester. I don’t think it’s anyone’s place to tell a woman who is pregnant with a baby who has no brain and a single eye like a cyclops that she has to go to term. I heard one woman in such a devastating situation say, “It was as if a little bit of me died inside every time some stranger asked when I was due to deliver.” Women don’t ever have late-term abortions out of convenience or on some kind of whim, they have them because of horrible, terrible, genetic calamities. Fortunately, with modern prenatal testing these later diagnosis are becoming rare, but they still happen.
I personally think the lawmakers in Georgia were aiming for a “real” 20 week bill, but were so deer-in-the-headlights about fetal pain!and 20 weeks! and life at fertilization! that they forgot to do any basic research. And that’s exactly who you want writing bills, not scholarly lawmakers who have thoughtfully researched a subject and consulted the experts, but douchebags competing to pass the most misogynistic, evidence-baseless legislation in a bizarre game of one-upmanship. It’s even more concerning because lawmakers are encroaching in the practice of medicine with this misinformation.
With states like Georgia using inaccurate terminology discussions can get confusing. But it is essential to make sure we are using the accurate medical terminology so we can all compare apples with apples, because for me pro-choice is pro facts.
KANSAS SPENDS HALF A MILLION DOLLARS DEFENDING ANTI-ABORTION LAWS | The Kansas attorney general has dolled out more than half a million dollars to private law firms for defending anti-abortion laws the state enacted last year, the Associated Press reports. The attorney general’s office paid $317,000 to a private firm for “helping defend a budget provision denying federal family planning dollars for non-abortion services to Planned Parenthood,” spent almost $177,000 on a law imposing new restrictions on abortion providers and expensed $104,000 in tax payer dollars to defend “against a law restricting private insurance coverage for elective abortions.” Kansas faced a $493 million budget shortfall last year and to close the deficit, Gov. Sam Brownback ® proposed $50 million in cuts to education programs.
CENTER FOR REPRODUCTIVE RIGHTS FILES A LAWSUIT AGAINST OKLAHOMA PERSONHOOD INITIATIVE | The Center for Reproductive Rights is suing over Oklahoma’s ballot initiative for an amendment that would grant “personhood” and legal rights to fertilized eggs at the moment of conception. “This proposed amendment violates the federal constitution and seriously threatens the rights, life, and health of all Oklahoma women,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. A similar version of the personhood bill recently passed 10-1 in a state House committee, and now heads to the House floor where it will likely gain approval. Though, advocates for women’s reproductive rights were able to score a victory of their own when an Oklahoma district judge struck down a mandatory ultrasound law Wednesday. — Fatima Najiy
I went into menopause the night Trump was elected, so I have no personal need for abortion access. But just KNOWING that someone else wants to have control over my body, my mind, and my LIFE is utterly enraging. There’s a bunch of things to do about this, but let’s boil it down to one simple guideline:
A lot of people in the US are super worried about the Supreme Court axing Roe v. Wade, but what they might not know is that some states have laws in place that will protect the right to reproductive choice and abortion if that happens. One of these states is the state of Illinois. In 2019, a law was passed that protects abortion rights within the state even if the federal right to an abortion falls. This means that if Roe v. Wade is overturned, abortion will still be a protected right in Illinois. Even before Roe, Chicago was a haven for safe abortions- you just called and asked for Jane.
Now, safe abortion access is the law of the land in IL, and there are several groups who can help you. This post is long, but I think it’s worthwhile. Even if you don’t read all the way through it, maybe save it for later. You or someone you know might need it. If you want to stop now, the TL;DR is this:
f you’re a minor and you can’t tell your parents, get a waiver of notification from the IL Judicial Bypass program.
Schedule your appointment.
Contact abortion funds to get financial aid. Your home state might have s fund, and the Chicago Abortion Fund can help.
Secure housing for the procedure through the Midwest Access Coalition or by talking to the intake staff at the clinic of your choice.
I’d like to start by saying that the closer to home you get your abortion, should you need one, the easier it will be for you… probably. It depends on your individual situation AND your safety. If I still lived in Indiana and I needed an abortion, I’d probably leave to get it done, even though there are abortion providers in Indiana, because Indiana is super hostile and there’s lots of clinic protestors- for example, when I was taking my GRE my senior year at Notre Dame, the testing center was in this little strip mall in Mishawaka next to Planned Parenthood. Despite the fact that the PP in Mishawaka does not provide abortions, there were protestors who yelled at me for going in there. I wasn’t even going to PP. I’d like to say that I said something devastatingly cool but I just ran in flustered. Point being: It really, really would have sucked if I was there for healthcare instead of a standardized test for graduate school. And that’s a very tame, mild situation! Real abortion clinic protests are often much more devastating!
ANYWAYS. The less you have to travel, the easier things tend to be, if it’s safe to get an abortion where you are and if your state will have protected abortions if Roe is overturned. If you’re not sure what might happen in your state in that case, this map has a clear, succinct overview of the legal status of abortion in each state and all US territories. You will want to click through to that link, because this image isn’t interactive.
[ID: a map of the US with states and territories sorted by their legal protections for abortion into four categories: expanded access in the case of Roe v. Wade being overturned, protected, not protected, and hostile. IL is highlighted.]
So let’s say you live in any of those red states. (Yellow and blue are safe- abortion access is protected there.) Let’s say, worst case scenario, Roe gets overturned and you get pregnant and you want to terminate. You will be able to do that in IL, and it’s relatively easy to do that in Chicago for a relatively low cost and with the benefit of a robust support network of people who want to reaffirm your reproductive choices.
First, if you’re a minor and you don’t want to tell your parents because it’s not safe for you to do so, get a judicial waiver of parental notification. The IL ACLU has a judicial bypass hotline. This will come at no cost to you. Do this ASAP, because it takes time to get it set up! You can do this by calling the hotline at 877-442-9727, texting 312-560-6607, or emailing [email protected].
Next, you need to get an appointment set up. You could get a referral from someone local to you, but this can be tricky- 87% of counties in the US don’t have an abortion provider, and google can lead you to a crisis pregnancy center. They will not help you. If you have a local Planned Parenthood, call them. Even if they don’t provide abortions, they can refer you to someone who can. If you’re coming to Chicago, which this post… kind of assumes you are… you can call any of these groups to talk about your options and what clinics can help you. I recommend starting with FPA or PP; those are two actual clinics. MAC and CAF are funds- they can direct you but they can’t schedule an appointment for you.
You might want to shop around and see which clinic costs the least, and is the most practical for you to get to. FPA has a lot of patient resources, as does PP. Don’t be afraid to ask for financial assistance. The people staffing those organizations have extensive networks and deep compassion for their patients- if the clinic can’t help, they might know who can.
Once you’ve made an appointment, now’s the time to start gathering financial aid. Some insurance, including IL Medicaid, covers it. If yours does not, or if the copay is still too much, this is where abortion funds come into play. Many states have their own abortion funds for state residents, so you might have to look around to see who can help you. I’d start with the National Network of Abortion Funds.
You also need to figure out transportation and housing while you’re in the city to get your abortion. This isn’t super necessary if you’re just coming for the pill abortion, but if you’re coming for a d and c or other surgical procedure, you will be staying for a couple of days. THIS is why I’m writing this up, because abortion funds typically only are able to help cover the financial cost of the procedure. It’s expensive to stay somewhere and it can be absolutely terrifying if you’re on your own! Navigating while you’re in pain from the procedure can be an absolute devil of a time, too! However, Chicago has MAC (contact info above), which is a practicalaccess fund, which means that they help pay for transportation to the city (bus tickets and train tickets) and around the city (volunteer drivers or volunteers who take rideshares with clients), food, aftercare medicine (painkillers, etc.), and housing, and there’s also free access to emotional support staff throughout your stay. This is not just open to IL residents; it’s open to anyone coming to the city for an abortion. ALSO if you go through FPA, they have a partnership with the Hampton Inn a block away from their location where their patients get a discount. If you go that route, just talk to FPA about housing and they’ll hook you up. This can be super helpful if you need some evidence that you’re on a “business trip” or something like that- if you are in a position where you need an excuse for your safety, that might work well.
Hopefully you won’t need this post- but if you do, I hope it helps. Feel free to share it around. If you have anti-choice opinions and you feel the need to share, don’t. This isn’t the space for it; you will be blocked and your comments removed. And then remember that criminalizing abortion won’t stop abortion. It’ll just stop safe abortions. Also, increased access to abortion, funnily enough, tends to be the thing that lowers abortion rates, because increased access to abortion comes part and parcel with increased access to birth control and general health and sex education.
Reblogging this because it’s always relevant… and because an administrative decision by MAC’s incredible leadership means they don’t just do bus and train tickets anymore. They will also help pay for airline tickets if you need to fly. If you are in the US and need to come to Chicago for an abortion, MAC’s got your back.
Also, if you find yourself in a situation where you can’t travel, and you catch it early, you can do a medication abortion at home. This can either be clinician supported through telehealth or it can be a self-managed abortion (SMA). Either way, you can do this entirely online without ever having to go into a doctor’s office or clinic.
Now, this only works early in a pregnancy (up to 11-12 weeks), so if you’re in a situation where you suspect you may become pregnant and you don’t want to be, test early and often if you can. The various help lines can also help you figure out how far along you are.
More resources: https://www.reprolegalhelpline.org/- this link is a good resource for talking about your legal options. If you’re a pregnant person of color, immigrant, or low-income (and using Medicaid) in an abortion-hostile state, I HIGHLY recommend talking through your legal options because you are absolutely targeted by politicians and the US legal system.
You can print these on sticker paper at home if you have it. It’s a good way to get the word out.
As of… thirty minutes ago on Monday, 2 May 2022, Politico got hold of Justice Alito’s draft statement on Roe. It’s not good. We’re probably gonna lose Roe vs. Wade in two months, and that means if you live in a red state, you’re VERY probably going to lose the right to a safe abortion.
I know this is a long post, but if Roe is overturned, it’s not going to stop abortions. It’s just going to stop safe abortions. Abortion access is reproductive healthcare, and a lot of states are going to get really restrictive. Indiana, my home state, has already put a woman in jail for having a miscarriage. Oklahoma lawmakers would rather let women with ectopic pregnancies die than allow lifesaving medical procedures. This is bad, but! Underground abortion networks did exist before Roe vs. Wade, and now we have the internet. We have robust networks in place to help people that the government would rather see dead or imprisoned. Even if Roe is overturned, some states will be safe havens for abortion. Travel to these states can be difficult, but not impossible– that’s what abortion networks and abortion funds are for.
Please save as much of this information as may be relevant to you. And if you’re “pro-life” and feel the need to comment on this post? Don’t. Your opinions and input are neither valued nor wanted. Abortion access is a vital, necessary part of reproductive healthcare.
