Next up on our abortion movement tour, let’s talk about the legal landscape surrounding abortion.
We know it’s confusing, anti-abortion politicians made it that way on purpose. But, we are going to dive in and explore the distinctions between abortions and self-managed abortions (SMA), highlight the inequities of “access”, and emphasize the importance of digital security. We want you to feel comfortable on where to get accurate, up to date information so when laws and policies change, you know where to look.
Abortion bans vs. Self Managed Abortions
Abortion bans criminalize health care professionals from providing abortions, while SMA involves people taking the process into their own hands, often with abortion pills, aka Mifepristone and misoprostol. Abortion bans occur on the state level (with the exception of the Hyde Amendment) and can include mandatory waiting periods, a cut off date based on gestation, and require parental involvement for minors. These are also known as TRAP Laws.
With the rise of abortion bans in states across the country, more and more people are self managing their own abortions. Depending on where you live, there may be legal risks involved with self-managing your abortion, but those risks are statistically very low, given how many thousands of people we know are self-managing their abortions every month . The charges we have seen post-Dobbs do not stem directly from laws that make abortion pills or self-managed abortion illegal, but from laws that have long been used to target pregnant people for the disposal of fetal remains, or the use of drugs or medication throughout pregnancy. Learn more about your state and assess your own risks by going to the Repro Legal Helpline’s website.
Recognizing that risks are higher for marginalized communities
As states continue to restrict and ban abortion, the gaps in access are only getting worse, especially for marginalized groups. The U.S. healthcare system and policy choices are inherently racist and systematically deny access to quality health care and safe communities; you may have recently seen the heartbreaking stories about Amber Thurman and Candi Miller, two Black women who died as a direct result of Georgia's abortion ban. Marginalized groups not only face the biggest challenges when seeking abortion care, but they are also the first to be criminalized for their pregnancy outcomes, whether these occur in or outside of the healthcare system. This means that the people who are most likely to need to self-manage an abortion because in-clinic access is out of reach are also the most likely to be prosecuted for doing so. It's critical for people doing abortion advocacy or activism in post-Dobbs US to hold those facts in mind, and use best security practices at all times.
The important of digital security
n today’s digital age, protecting your privacy is more important than ever, especially when seeking abortion care. Practicing digital security can help safeguard your personal information and reduce the risk of surveillance or legal consequences. Whether you're searching for information, communicating with support networks, sharing information with your loved one or seeking care, using secure, encrypted platforms and being cautious with your digital footprint is critical. We encourage everyone to familiarize themselves with Digital Defense Fund’s Guide to Abortion Privacy.
Know Your Rights
Knowing your reproductive rights depends on where you live. With how quickly laws change, it can be incredibly difficult to stay up to date. Luckily, Guttmacher has an interactive map so you can understand all of the policies regarding abortion access.
People under the age of 18 oftentimes have even more barriers to abortion access with laws around parental involvement. Check out Ineedana’s teen’s guide to accessing abortion to learn more!
Stay informed. Share accurate information. Empower your community. Talk about abortion.
Access to accurate information can be powerful, and staying connected with resources like these ensures we can continue to fight for a better future. Thanks for being part of this journey with us, your commitment is what makes this movement strong.
A final thought: courts never guaranteed us access to abortion, and courts cannot prevent us from having abortions either. Abortion bans are important to understand, and criminalization of pregnancy outcomes is horrific and extremely racist, BUT, laws are not the arbiter of whether or not we have the ability to end our pregnancies. Together, we can work to make these unjust laws and restrictions as arbitrary as possible.
In the next few months, we'll be launching a new tool to match you with exactly your kind of action: whether it's sharing information on pills by mail, or volunteering locally or online for clinic access and support, or something else, we'll attempt to cover the bases. For now you can securely share your email here, and we'll drop you a note when it's time. We promise it will be right on time.
This website and campaign was built by friends at Shout Your Abortion, Plan C, and I Need An A.
By signing up for the Abortion Mobilization Project, you'll receive a string of emails helping onboard you to the abortion access movement and open opportunities. If you're too pumped to wait, you can check out the content of those emails here.