There is a widespread misconception that pro-life laws are designed to criminalize women for obtaining abortions, especially after the reversal of Roe vs. Wade. Proponents of the so-called Equal Rights Amendment (ERA) are propagating this misinformation to garner support for Proposal One, which will be on the ballot in November under the title, “Amendment to Protect Against Unequal Treatment.
Advocates claim the ERA is critical in preventing “the prosecution of miscarriages and stillbirths, tragedies that have been criminalized in several places.” However, the reality is that no state, except for Nevada, which paradoxically promotes itself as a pro-choice state, has any laws that criminalize women for obtaining an abortion. While an infinitesimal number of women have been arrested for obtaining abortions or miscarriages, the charges have all been based on a gross misuse of laws. Abortion advocates also argue pro-life laws deter treatment for miscarriages. For example, in the wake of Texas’ heartbeat law, opponents argued that medical providers became hesitant to order and fill prescriptions for the medication used to treat miscarriages, since the treatment for miscarriages and abortions are often the same. But this type of hesitation is “an awful misunderstanding of the law.” Texas’ law clearly provides exceptions for medical emergencies, and providers are only legally liable if there is an intent to induce abortion, which wouldn’t be the case for miscarriage treatment. If such misunderstandings are taking place, it indicates that medical providers need to be further educated on the law to ensure they’re providing proper care to their patients, not that the law itself is faulty. In Georgia, pro-life laws were initially blamed for an abortion-related death. However, the attorney representing the victim’s family is making it clear that doctors, not Georgia’s laws, are to blame for her death.
After Dobbs vs Jackson, over 50 state and national pro-life organizations sent an open letter to lawmakers explicitly and vehemently opposing the criminalization of women seeking abortions, reminding legislators that women, like unborn children, are victims of the abortion industry and “require our compassion and support as well as ready access to counseling and social services” following an abortion. They added, “We state unequivocally that we do not support any measure seeking to criminalize or punish women and we stand firmly opposed to such penalties in legislation.”
In states like New York, there are absolutely no laws that criminalize women for any type of “pregnancy outcome,” a term encompassing various reproductive issues, including abortion and miscarriage. New York’s legal framework is already crystal clear that women are not penalized for any complications or decisions related to their pregnancies. And yet, supporters of Prop One continue to peddle disinformation that pro-lifers seek to imprison women for abortions and miscarriages and that Prop One is needed to protect them.
This narrative is wholly unfounded. Prop One is being fueled by this disinformation, and it is of the utmost importance that voters are informed of the truth before heading to the polls.