Roe v Wade: How ruling will impact Toowoomba
A LEGAL expert has weighed in on fears that conservative lawmakers could roll back Australia’s abortion laws, as Darling Downs women open up about their experiences with considering the medical procedure.
In October 2018, history was made in Queensland when the Termination of Pregnancy Bill was passed in parliament, decriminalising abortion and allowing women to access the treatment up until 22 weeks gestation.
But with the overturning of legalised abortion in the US, the decision of whether or not women will be permitted to get an abortion will now be decided by the individual states, raising concerns for women’s health advocates of what this could mean for Australia.
Toowoomba woman Sabine Sampson, 24, recently thought she would soon be welcoming another sibling for her two other children.
But, devastatingly, something went wrong during the developmental stage of her pregnancy and she decided to have a termination.
“If I didn’t have access to this treatment, I would have ended up in hospital, and I could have died,” she said.
“The decision in the US has stripped the rights of anyone with a uterus, and now women are going to need to fight for their rights, just like they’ve always had to.”
For Darling Downs woman Steffany Speranza, 37, she initially considered getting an abortion, but ultimately decided to keep her pregnancy – a decision she does not regret, but remains glad the choice was hers to make.
“At the time, I didn’t know if I was in a position to adequately provide for a child, and I didn’t think my marriage could handle it,” she said.
She fears a reversal in abortion laws across Australia could happen if people aren’t vigilant.
“What is happening in America might not be affecting us directly right now, but I think the main takeaway message here is laws can be changed and an attack on abortion rights is an attack on fundamental human rights.”
In 1970, Texas woman Norma McCorvey, who was also known by the pseudonym of Jane Roe, made history when she sued the Dallas County District Attorney, under the filing Roe v Wade, over her right to have an abortion.
Three years later, the US Supreme Court ruled in favour of Roe after a protection was found in the US Constitution, preventing all 50 states from making abortion illegal.
“That protection was based on an implied constitutional right of privacy, said to arise from due process clause of the Fourteenth Amendment to the US Constitution,” James Cook University law lecturer Shaune Williams said.
“The effect of the recent decision of the court has been to remove that protection, thereby freeing each of the US states to make laws on the subject matter of abortion as they see fit.”
The legal expert said it was unlikely a similar situation could arise in Australia, as the Australian Constitution operated differently and did not contain a bill of rights.
“The subject matter of abortion falls within the lawmaking power of the Australian states and territories, and not the Commonwealth,” Mr Williams said. “It is very difficult to conceive how the High Court could arrive at a conclusion that the subject matter of abortion falls within the ambit of Commonwealth lawmaking power.
“Ultimately, it is for the people, through their elected representatives, to guide the direction of the law on abortion in Australia which, one ought continue to hope, is reflective of ever-evolving community standards, expectations, and hopes for the future.”
Children By Choice chief executive officer Daile Kelleher said the news from the US would likely result in horrific consequences for women.
“(It) will mainly impact disadvantaged and marginalised people, so you’ll find women of colour, living with disabilities, living in poverty and experiencing violence or control in their relationships, will be most likely impacted,” she said.
“We could also see the loss of life of pregnant people whether that be through maternal mortality, suicide or homicide by a partner, which we know increases during pregnancy, so these are real consequences.”