Toronto Star

U.S. abortion under attack from state laws

Pro-life politician­s passing restrictio­ns that make it difficult to get procedure

- DANIEL DALE

MILWAUKEE, WIS.— The young woman wore a big red hoodie, and not only because it was cold. As she approached the three-person gauntlet waiting for her right outside the front door of a Milwaukee abortion clinic one morning in late November, she used the hood to hide her face.

“Please don’t do this,” wailed a man holding up a cross taller than him.

“Love that baby,” pleaded Tony Jones.

“It’s a human being,” said Judy Hankel.

The woman entered Affiliated Medical Services without a word. But she wasn’t rid of the activists. The walls weren’t thick enough to drown out the wailing man’s cries.

This kind of street interventi­on — “sidewalk counsellin­g” in the eyes of its proponents, simple harassment to its critics — is one of the favoured tools of the U.S. pro-life movement. Preventing abortion through oneon-one persuasion, though, is difficult and inefficien­t. In the past five years, pro-lifers in Wisconsin and around the U.S. have rediscover­ed a far more effective method: state law.

The Friday attack on the Planned Parenthood clinic in Colorado Springs, Colo., for which gunman Robert Dear was charged Monday with first-degree murder, has brought renewed attention to violence against the doctors and facilities providing a legal and highly safe service. But the greatest threat to U.S. abortion access is not terrorism. It’s regulation.

Since the historic 2010 election, when a Tea Party wave helped Republican­s take full control of 25 state legislatur­es, pro-life politician­s have passed dozens of benign-sounding restrictio­ns they claim are meant to make abortion safer but which have the uncoincide­ntal effect of making abortion harder to obtain.

“It has nothing to do with the health and safety of women. It has everything to do with religious ideology,” said Affiliated director Wendie Ashlock.

The Supreme Court will hear a challenge to the Texas version of these laws this winter. The stakes are high. The court could strike down the new regulation­s as unjustifia­bly burdensome on women. It could also deal a severe blow to the abortion rights enshrined by the landmark Roe vs. Wade decision of 1973.

“Any time the court takes up a case like abortion, you never know what could happen,” said Pro-Life Wisconsin legislativ­e director Matt Sande. “What’s going to happen? In a presidenti­al year. This is huge. And we say, ‘Bring it on.’ ”

The new laws, promoted by a Washington-based pro-life organizati­on, have been mimicked by Republican­s from north to south. Among them: requiremen­ts that patients make two separate visits, which can be difficult for poor women; bans on abortion after 20 weeks, with no exceptions for fetal anomalies; requiremen­ts that providers tell women what their ultrasound looks like, even if they’d prefer not to hear it.

The laws to be settled by the court next year are the most controvers­ial of all. They require clinics to meet the same constructi­on and staffing requiremen­ts as surgical centres, which is often prohibitiv­ely expensive, and doctors to obtain admitting privileges at a hospital within 30 miles, which is often impossible.

“The pro-abortion industry says abortion is health care. We reject that: abortion is not health care, it is killing. Nonetheles­s, if they believe abortion is health care, when the state attempts to regulate them as health-care providers, they need to put their money where their mouth is,” Sande said.

Texas’s admitting-privileges law has already forced about half of the state’s 41 abortion clinics to close, leaving hundreds of thousands of women hours away from the nearest clinic. Many don’t have cars. Some are turning to dangerous do-it-yourself abortion.

Wisconsin has only three open clinics, two in Milwaukee. Affiliated, the only one offering abortions after 18 weeks, would have to close if Gov. Scott Walker’s admitting-privileges law took effect. If that happened, Ashlock said, patients who can now get seen immediatel­y would have to wait six weeks or more.

Milwaukee is one of the country’s poorest cities. Affiliated’s doctor, a young woman who requested anonymity to protect her safety, said many of her patients are low-income black women in their early 20s who already have at least one child and can’t afford another. She warned of a return to the inequities of the pre-Roe years.

“Patients who have resources would be able to travel and access safe abortion care. Patients who don’t have those resources, which is most of our patients, would either have unplanned, unwanted children who have significan­tly worse life prospects as a result of that, or they will have illegal and possibly unsafe abortions,” she said.

A federal appeals court savaged the Wisconsin law in a ruling last week. Judge Richard Posner said such laws “do little or nothing” for women’s health — and, in fact, endanger women’s health by forcing them to wait longer for procedures that are less risky when done early. “Opponents of abortion reveal their true objectives when they procure legislatio­n limited to a medical procedure — abortion — that rarely produces a medical emergency,” he wrote.

Sporadic repudiatio­ns from the courts have not slowed the legislativ­e push. Republican­s strengthen­ed their hold on state government­s in the 2014 election. And the recent controvers­y over videos showing Planned Parenthood officials casually discussing the transfer of fetal tissue has given new momentum to bills even conservati­ve Republican­s had let languish.

"There is a sense of great need to do more,” said Pro-Life Wisconsin state director Dan Miller.

“I think there’s a bit of complacenc­y with American women,” Ashlock said. “They’re not understand­ing what they’re going to lose if they don’t start speaking up.”

 ?? DANIEL DALE/TORONTO STAR ?? Dan Miller, state director of Pro-Life Wisconsin, has helped set up a “crisis pregnancy centre” to persuade women to not get an abortion.
DANIEL DALE/TORONTO STAR Dan Miller, state director of Pro-Life Wisconsin, has helped set up a “crisis pregnancy centre” to persuade women to not get an abortion.

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