North East Abortion

Most of the states that compose the “North Eastern” United States are considered to be of the liberal persuasion. In fact, out of Delaware, Connecticut, Vermont, Indiana, Maine, Massachusetts, Maryland, New York, New Jersey, New Hampshire, Ohio, Pennsylvania, and Rhode Island, only Ohio and Indiana voted as “red states” in the 2004 presidential election. But when it comes to key issues such as reproductive and privacy rights, some of these otherwise “liberal” states seem to have more conservative policies.
Currently, reproductive rights are protected under the Supreme Court ruling of Roe v. Wade. According to The Center for Reproductive Rights’ website (www.reproductiverights.org), if Roe v. Wade was to be overturned, there is a strong chance that Delaware, Indiana, Ohio, Pennsylvania, and Rhode Island would be likely to attempt to ban abortion on all fronts. These states, despite legislature that has found abortion bans unconstitutional, still hold very pro-life attitudes.
Before Roe v. Wade, Delaware enforced a statute that allowed abortions only in the case that the procedure was “therapeutic,” meaning that it stems from an incident of rape, incest, danger to the mother, or danger to the baby. Any other abortions were considered illegal. Despite the decision of Roe v. Wade, no action was taken in Delaware to reverse the ban, although state officials view the statute as unenforceable. If Roe v. Wade were to be overturned, it is possible that the Delaware legislature would move to immediately enforce the pre-Roe ban.
Massachusetts has a similar situation to that of Delaware. There is currently a pre-Roe v. Wade ban in the statute that has been ruled unenforceable. However, Massachusetts also has a post-Roe policy on abortion that allows any abortions up to 24 weeks into the term and thereafter only in the case of endangerment of the mother or child. So, if Roe v. Wade were to be overturned, the legislature of Delaware might be likely to revert to the pre-Roe v. Wade ban, but abortions might be found legal under the second statute.
Ohio and Pennsylvania present a very conservative argument against pro-choice. Both states had pre-Roe v. Wade bans on abortion, and although the bans were repealed, there are policies and attitudes in the state legislatures that hint towards a reinstatement if Roe v. Wade were to be overturned. The Ohio Court states that its constitution does not provide abortion rights that are greater than those provided in the United States Constitution. This means that if Roe v. Wade were to be overturned, there would be no reproductive rights protection under state law. The Ohio legislature and current Governor are also strongly pro-life, and the state itself has a long history of abortion regulations. Pennsylvania has also stated that the state constitution provides less abortion rights than the United States Constitution, and the state legislature also has a long history of abortion regulations. In addition, Pennsylvania legislators have stated that they “prefer” childbirth to abortion and have often discussed and ruled in favor of the rights of the unborn. Both states would be likely to attempt to enforce a ban on abortion if Roe v. Wade were overturned, although Pennsylvania legislators might face opposition from the current Pennsylvania governor.
Along with the actual abortion bans, many states have worked around the boundaries enforced in Roe v. Wade to make abortions illegal or more difficult. Currently moving through state legislatures is the Teen Endangerment Act, (H.R. 748; S.8, 396,403). This act, also known as “The Child Custody Protection Act” and the “Child Interstate Abortion Notification Act,” would create two new federal crimes. The first is pertaining to the interstate transport of minors to abortion clinics. Under TEA, it is illegal for non-parent/guardians to bring minors over state borders to get an abortion without the consent of the parent. This makes it nearly impossible for minors to get abortions in some states without parental notification.
The second federal offense deals with the role of physicians and parental notification. TEA prevents any physician from performing an abortion on a minor who resides in a state other than the one of the abortion clinic unless there is a court order from the home state authorizing an abortion or unless the parent/guardian is informed and the physician provides federal notice prior to performing the abortion.
These policies make discreet abortions for teens impossible if they wish to travel between states. They infringe upon the woman’s right to make decisions about her own body without the sometimes emotionally detrimental process of parental notification. At this time, the states in the “Northeast” that enforce parental notification that complies with TEA are Pennsylvania, Rhode Island, Massachusetts, and Indiana. Ohio, Delaware, Maryland, and Maine also enforce parental notification laws, but the rulings do not match up with those of TEA. New Jersey and New Hampshire have parental notification and involvement laws that are not enforced or are enjoined by courts. New York, Connecticut, and Vermont have no parental notification or involvement laws.
Another key issue in state legislature is that of Contraceptive Equity. Contraceptive Equity laws ensure that women receive equal coverage under blanket health care plans for prescriptions that help prevent unwanted pregnancies. They also ensure that contraceptive prescriptions are not excluded from prescription plans because of the religious or personal beliefs of the employer. Northeastern states that have Contraceptive Equity laws with no exception include New Hampshire and Vermont. Connecticut, Delaware, Maine, Maryland, Massachusetts, New York, and Rhode Island have Equity laws that have exceptions for religious employers such as churches or church-related organizations. Indiana, New Jersey, Ohio, and Pennsylvania have no Contraceptive Equity laws, meaning that employers are free to deny full coverage to women’s contraceptive prescriptions if they choose to do so.
Reproductive Rights, Privacy Rights, and Contraceptive Equity are just three of the main issues that are being faced by state legislators. And although Roe V. Wade and other progressive rulings by federal and state courts have ensured the safety of women’s rights, there are many politicians who would like to see these statutes overturned. In a society in which personal freedoms are so highly valued, why is it that there are so many dissenters against the inherent rights of women?