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Bodily autonomy

SWLC’s Statement on the U.S. Supreme Court’s Decision

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Today we all have heavy hearts because of the U.S. Supreme Court’s decision to take away healthcare rights from millions of Americans. This ruling strips away a constitutionally protected right and elevates states’ interest in a fetus over a pregnant person’s right to bodily autonomy. This decision also rolls back 50 years of pregnant people being able to make sound decisions about their life and health.  

Trigger bans in half of the states will take effect today. People who went to sleep last night with the right to make their own bodily and family decisions woke up this morning to criminal laws surrounding abortion. More states will likely follow with new bans of their own.  

In states like Oklahoma, abortion providers now face criminal consequences. Performing an abortion or attempting to perform the procedure is a felony punishable by a maximum fine of $100,000 or a maximum of 10 years in state prison, or both. The pregnant person who sought the abortion would not be criminally charged or convicted for seeking or obtaining the procedure; however, a failed Louisiana bill proposed this legislative session sought to do just that, signaling this as a possibility in states willing to pass similar measures through.  

States like Idaho are already considering banning emergency contraception like Plan B. Survivors of rape would have no option but to carry a pregnancy to term in states with abortion and emergency contraception bans.  

Other states have banned the shipping of medication for abortion. For people facing ectopic pregnancies, medication abortion pills are lifesaving. There are already stories of pharmacists refusing to fill prescriptions for this necessary medication.  

This decision also has much farther-reaching implications. This decision isn’t just about the right to make life and healthcare decisions about pregnancy. Justice Alito tried to distinguish abortion rights from other privacy rights through discussion over “potential life” and how abortion poses a “critical moral question.” However, the further justification for overturning the right to abortion has the potential to overturn other privacy right based critically moral questions by the same groups that oppose abortion. There is no doubt we will see future challenges to the right to contraception, the right to marriage, and the right to other bodily decisions. Justice Thomas’s concurrence in today’s decision specifically states his willingness to revisit the precedents establishing these very rights. We have already seen several states ban discussion of the LGBTQ+ community in schools and access to transgender care.  

Today is hard. This decision on the right to abortion is demoralizing. But we need to keep up the fight and turn large setbacks like this to our advantage. We should use this time to refocus our fight. 

We will center the abortion movement on people of color. We will uplift voices that have not always been heard. We will use this time to make sure we are including the LGBTQ+ community in conversations about reproductive rights and justice.  

We need to protest for the right to abortion and in the same breath discuss the crisis of reproductive healthcare “deserts.” When we talk about bans off our bodies, we also need to remember those bans include everything from abortion to the right to have a child and not be subject to forcible sterilization. 

We cannot and will not be silent in the face of this clear attack on the rights of more than half of Americans. Today we reset from this devastating blow. Tomorrow, we uplift historically silenced voices. Tomorrow, we channel our anger and sadness into action. Tomorrow, we restart the fight for access to abortion and reproductive justice. 

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Debrief on the U.S. Supreme Court Decision

Our panel of experts will break down the U.S. Supreme Court’s decision and what it means for the future of New Mexican pregnant people. We will also discuss the dangers of Crisis Pregnancy Centers and their role in the anti-abortion movement.

Register Here

Frustrated and scared about the news?

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We are right there with you, feeling the range of emotions from today’s news – anger, frustration, heartbreak, and even though we were bracing ourselves for it, shock. However, today abortion remains LEGAL, and we are fortunate to live in a state where abortion will remain legal, even if Roe is overturned. BUT we must remain VIGILANT. The Southwest Women’s Law Center is committed to fighting for access to safe abortion for future generations. Keeping women and girls in New Mexico safe and healthy is our priority. 

What the SWLC is doing to help the abortion healthcare crisis:

The SWLC is working to expose the Crisis Pregnancy Center (CPC) industry in New Mexico. You may have driven by a CPC and not even realized it. With names like, “Pregnancy Resource Center”, “Casa de Mariposa”, and “Women’s Pregnancy Options”, it’s easy to mistake them for legitimate clinics. But CPCs are part of a national anti-abortion network collecting sensitive personal and medical information from pregnant people seeking healthcare. 

CPCs are anti-abortion organizations that target low-income people facing unintended pregnancies to prevent them from accessing abortion and contraception. In recent years, the anti-abortion movement has expanded and elevated the role of CPCs within the broader movement, in part by facilitating the coordination of sophisticated data collection and exploitation systems.  

Read more in Designed to Deceive, the report by the SWLC and partners that make up the Alliance: State Advocates for Women’s Rights and Gender Equality.

TAKE ACTION

Show up for Abortion Rights TODAY, May 3rd, 5 PM:
Albuquerque: Federal Courthouse, 333 Lomas Blvd. NW
Santa Fe: Federal Courthouse, 106 S. Federal Place
Las Cruces: City Hall/Albert Johnson Park, 700 N Main St.

Support these organizations:

Abortion funds:
Indigenous Women Rising
New Mexico Religious Coalition for Reproductive Choice
Mariposa Fund

Abortion Healthcare and Policy:
Planned Parenthood of the Rocky Mountains 

Work to expose CPCs and Abortion Healthcare Policy:
Support the SWLC and join us in preventing CPCs from receiving state funds or gaining more momentum in New Mexico.

SWLC Statement Regarding Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania

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Release July 9, 2020

The Supreme Court of the United States (the “Court”) decided the contraceptive access case, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, which upheld two Trump administration regulations allowing employers to deny contraceptive coverage under the Affordable Care Act (ACA) for “sincerely held” religious or moral reasons. This expands the exemptions that already exist for churches and other houses of worship, religiously-affiliated non-profits, and closely held corporations whose religious beliefs equate some forms of contraception with abortion, to now include for-profit companies and any employer that claims to have religious and/or moral objections to the provision of birth control. The Court cloaks this decision with the justification of religious liberty, but the impact will be to deny women, specifically low income and women of color, access to family planning services that are desperately needed.

This ruling will cause 70,000 to 126,000 women to lose coverage for contraception at work, and it remains unclear whether insurers or states will pick up the tab, or if the affected women will be forced to pay out-of-pocket for their contraception. When birth control isn’t covered by insurance, women are put in the position of having to choose between paying for their contraceptive prescription or paying for pressing essentials, like rent or groceries. We know that these kinds of decisions lead to lapses in birth control use, which contributes to high rates of unintended pregnancy in the United States. This is of course quite ironic, given the Trump administration’s attempts to pack the federal courts with anti-choice judges. Wendy Basgall, staff attorney, says this sends the following message: “We are not going to help you prevent unplanned pregnancies, nor will we allow you to choose to terminate an unplanned pregnancy that resulted from your inability to pay for contraception.”

Access to contraceptives is an essential part of bodily autonomy, giving individuals a say in whether and when to expand their families. Yet the Court’s decision effectively allows bosses to dictate whether their employees can access contraceptives—this isn’t a comprehensive approach to health care.

New Mexico has made the importance of contraceptive coverage clear: in our state, insurance plans that cover prescription drugs must include contraceptives with no out-of-pocket payment. The only exemption is for religious entities. However, this ruling may open the door for nearly any New Mexico employer to claim a moral exemption, leaving their employees in the lurch. Terrelene Massey, Executive Director states, “The Southwest Women’s Law Center believes that contraceptive access is a right and is essential to the well-being of New Mexico’s women and girls.  We also believe that creating a health insurance gap is bad policy and bad healthcare. We need to protect this access for all New Mexicans.”If your employer refuses to cover birth control because of a religious or moral objection, we want to hear from you! Contact us at info@swwomenslaw.org or 505-244-0502.

1— 591 U.S. ___ (2020). This case is being decided together with Trump, President of the United States, et al. v. Pennsylvania et al. No. 19-454.
2 — Burwell v. Hobby Lobby Stores, Inc., 573 U.C. 682 (2014)
3 — https://www.nytimes.com/2020/07/08/us/supreme-court-birth-control-obamacare.html
4 — 1978 NMSA §59A-22-42.

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