The Middletown Press (Middletown, CT)
The rights of Roe will stay in Connecticut
Unless President-elect Joe Biden gets to replace at least two of the three Supreme Court Justices (or those who side with them) appointed by soon-to-be ex-President Donald Trump, there will, for the foreseeable future, probably be a clear majority for overturning Roe v. Wade, the landmark 1973 decision that protects a pregnant woman’s right to choose to have an abortion. The practical effects of such a decision would eliminate abortion rights in more than half the states in the U.S.
But not in Connecticut.
Connecticut has historically been in the vanguard of protecting women’s rights, particularly reproductive rights. Most notably, in 1961, Estelle Griswold, president of Connecticut Planned Parenthood, flouted Connecticut’s antediluvian anti-birth control law. Griswold was arrested and convicted for her defiant actions, and her appeals reached the Supreme Court in 1965. Ultimately, the Court ruled in favor of Griswold and established a constitutional “right to privacy” for American citizens. This momentous decision, known as Griswold v. Connecticut, served as the foundation for the Roe v. Wade ruling eight years later.
Then, in 1990, Connecticut codified the protections of Roe into state law. In fact, current Connecticut law expands on the Roe ruling because it guarantees that abortions are available to all regardless of insurance coverage. Connecticut has also not embraced any of the restrictions on abortion imposed by other states, such as waiting periods, parental notification, mandatory ultrasound, special building codes, and other requirements designed solely to restrict access to abortion.
But in Connecticut abortion will remain available, and accessible, to its residents, and to women who choose to come here because their state does not allow or provide abortion … women, that is, who have the knowledge, support, and resources to get here from states hundreds, if not thousands of miles away.
But as for women who lack transportation or childcare or who have a myriad of other needs — whether in our state or elsewhere — well, too bad.
Roxanne Sutocky, director of Community Engagement at the Women’s Center of Hartford, told me: “We have the codification statute in place that Connecticut would ensure legal rights to abortion access even if Roe falls. But Roe is the floor, not the ceiling, and people who are pregnant deserve more than that. The Roe precedent has never guaranteed practical access to care and so it’s especially important for marginalized communities.”
And Polly Moran, NARAL-CT Foundation Board President told me, “For Connecticut residents to lose the right to abortion there would need to be an antiabortion majority in the General Assembly (both the House and Senate) and an anti-abortion Governor.”
Moreover, overturning Roe, as any realist knows, would not put an end to abortions. As Ms. Moran added, “We’re not talking about stopping abortions, we’re talking about stopping safe abortions. Roe is a ruling that saves womens’ lives.” [Italics mine.]
And, as far as Connecticut is concerned, a 2019 poll conducted by Public Policy Polling found strong support for legalized abortion in Connecticut. The survey found 61 percent of those polled would be more likely to support candidates who back Roe v. Wade. It also found that 85 percent of state voters support legalized abortion while 15 percent believe abortion should be illegal. (In a sense, we have completed a full pendulum swing on abortion since 1860 when Connecticut became the first state to outlaw all abortion.)
There may be some slim hope that SCOTUS may not be as predictable as we fear. As recently as Nov. 10, during oral arguments on a case to overturn the Affordable Care Act (Obamacare), both Chief Justice Roberts and (Trump appointee!) Justice Kavanaugh indicated they were NOT in favor of declaring the entire ACA unconstitutional, but only supported severing a single provision (the individual mandate). It may be dreaming, but perhaps such a sensible and judicious stance might extend to decisions on the constitutionality of at least some aspects of abortion?
Realistically though, there are currently 17 abortion-related cases bubbling up to the Supreme Court. These cases concern state laws designed to ban or severely restrict abortion, particularly in terms of access. Recently appointed Justice Amy Coney Barrett’s stated opposition to abortion as a right virtually assures her being part of any anti-choice Supreme Court majority when these cases are heard. One way or another, barring some dramatic and unexpected changes of heart by at least two Justices, Roe v. Wade will no longer be the law of the land.
It will, however, remain the law of Connecticut.
Connecticut has historically been in the vanguard of protecting women’s rights, particularly reproductive rights.