This article was originally published on the A Is For blog. We thank Martha Plimpton for writing such a thoughtful and supportive piece.
Earlier this month, Paraguay’s restrictive abortion laws received global attention with the case of a child who had been raped and impregnated by her stepfather at the age of ten. Paraguayan law forbids abortion in nearly every circumstance, and a raped child’s health and safety are no exception to the draconian standards that law requires. As such, she and her mother were denied their request for an abortion. Because of the risk of death associated with vaginal birth by young children, involuntary surgery was mandated for the victim, and a Caesarian section was performed. Her case should send a shudder down the spine of any compassionate, thoughtful person who cares about the welfare of children.
Mike Huckabee, a candidate for the Republican Presidential nomination, appeared on CNN on August 16th and stated quite clearly that he agrees with Paraguayan law, and would like to see it implemented right here in the United States of America. In his words: “I wouldn’t pretend it’s anything other than a terrible tragedy. But let’s not compound the tragedy by taking yet another life.”
Quite obviously, the life and health of an 11 year-old child is not terribly important to Mr. Huckabee – nor is it terribly important to many of his fellow candidates who would outlaw abortion in every single circumstance, including to save a woman’s life. In their view, and that of the Paraguayan government, a fetus carried by a child victim of rape has more value than that child herself, her emotional health, or her physical safety. The message is clear: the lives of women and girls are incidental, but the potential life of a fetus must be protected at all costs, regardless of the risk to that woman or child’s safety, health, or wishes. The fetus is all. Pregnant person be damned. This, to them, is indicative of “respect for life.” Appalling.
Lawmakers in Texas seek to emulate Paraguay in this, and have been steadily, mercilessly, ruthlessly pursuing a policy of stripping women and girls in that state of their fundamental human right to abortion. While the average woman seeking an abortion must face a 20 week ban, and travel up to 144 miles to access safe and legal health care, Texas minors have it even harder. Anti-choice legislators believe it should be even more difficult for minors to obtain the health care they want and need. The lives of these children are made a living hell while they are forced to endure a social and legal shaming, sanctioned and encouraged by the State, sometimes with traumatic consequences.
Until very recently, minors seeking abortion care had two immediate options: they could obtain parental consent, or, barring that possibility, they might seek Judicial Bypass through the court system, an onerous, confusing, and time-consuming process for anyone, let alone a minor.
Not every child can obtain the parental consent required by law for reasons as varied as any individual’s personal circumstances. The child may have no contact with their parents, or they might be the victim of abuse or incest, or, they might fear their parents will kick them out, disown them, or worse. Parental consent laws, ostensibly passed to protect these children, actually endanger them far more than a simple, legal health care procedure ever would. In a country like ours, where maternal mortality rates are increasing exponentially, especially in states with the most restrictive abortion laws, these oppressive policies make absolutely zero sense from a public health perspective. According to the World Health Organization, adolescents age 15 through 19 are twice as likely to die during pregnancy or child birth as those over age 20; girls under age 15 are five times more likely to die. So much for “respect for life.”
Judicial Bypass has been an inadequate but necessary lifeline for pregnant minors in Texas. In this process, minors must stand before a judge and explain why they should have the right to make their own decision about their life and health. They must prove that obtaining parental consent is impossible given their particular circumstance. They must also show, bizarrely, that they are “mature enough” to make the decision to not be pregnant anymore. The legal assumption, if you can believe it, is that any minor is mature enough to become a parent, but not necessarily mature enough to prefer not to become one yet. To wish to not yet be a mother at 15 is apparently a sign of poor judgment in Texas. It defies logic on pretty much every level. Especially when you consider the illegal discrimination teen parents often face in Texas schools.
But the law has taken on an even more punishing, regressive quality with the passage of House Bill 3994, signed into law by Governor Greg Abbott on June 12th of this year. HB 3994 overhauls the Judicial Bypass process and makes obtaining an abortion even more difficult for minors. It removes the ability of a minor to argue emotional abuse, neglect, or abandonment as a justification for not having to obtain parental consent. Apparently, anything short of an actual beating doesn’t count. Additionally, it requires a pregnant minor to seek Judicial Bypass in their own county, unless that county has a population of 10,000 or fewer. In effect, a minor’s right to privacy, to be able to avoid the possibility of public scorn or humiliation from their communities, and to protect themselves from emotionally abusive home lives, does not exist in the state of Texas.
There is only one conclusion that can reasonably be drawn from this: the laws of the state of Texas are not intended to protect pregnant children and teens at all. They are, in truth and in practice, intended to humiliate, punish, and shame them, as well as cause sufficient delays and obstacles until their ability to get abortion care is legally prohibited.
We’ve seen this shaming tactic used by lawmakers in other states as well. Jeb Bush’s now infamous Scarlet Letter Law, which absurdly required single mothers seeking to place their children for adoption to list their entire sexual histories in their local newspapers (including the location and date of conception, for Heaven’s sake!), is just one example of this extreme ideology run completely amok. Mr. Bush has stated quite clearly that a single woman who becomes pregnant must be humiliated and shamed for her actions, and it is the obligation of the State to do so. Such should be the consequences for her wonton depravity, and it must be codified into law. Only through state sanctioned public humiliation will these whores learn to keep their legs closed until marriage, he seems to believe. Fortunately and rightly, this law was eventually struck down as unconstitutional. But it is astonishing that it was ever passed at all. These lawmakers who pontificate endlessly about the protection of life actually, through their deeds, show time and again that regulation of women’s sexual lives is what’s really at the core of anti-choice ideology.
A is For was founded on the principle that abortion is a fundamental human right that cannot be denied any woman who seeks it. We see the anti-woman and anti-female sexuality component of the anti-choice argument as being central in the push to outlaw abortion in America. It is quite obviously not, as they would have us believe, about the safety of women and children. We take our name and inspiration from the story of Hester Prynne, the heroine of Nathaniel Hawthorne’s classic American work. “The Scarlet Letter” stands as a literary indictment of puritanical oppression of women’s sexuality and personhood that still plagues us to this day through legislative attacks on our autonomy and civil rights. The mark of the “A” that is placed upon Prynne’s breast in order to shame, isolate, and humiliate her is vividly demonstrated in these modern laws that seek to put women and girls through social torment, legal oppression, cultural isolation, and in many cases, physical and existential danger. We are dedicated to fighting this antiquated and barbaric justification for restricting our rights to comprehensive reproductive health care.
The pregnant and parenting teens of Texas are treated like the Hester Prynnes of our time. We do not believe that pregnancy alters the status of one’s legal rights as a United States citizen. Not even for minors.
In keeping with our mission, A is For is pleased to offer a grant in the name of the young Paraguayan girl forced into childbirth, to Jane’s Due Process, an organization dedicated to helping pregnant teens and children exercise their legal right to abortion in Texas. They help pregnant minors navigate the court system through Judicial Bypass procedures; they provide free legal representation to pregnant and parenting teens; they connect minors with abortion funds like the Lilith Fund and TEA Fund to pay for critical travel and medical expenses; they guide those who wish to become emancipated minors through the legal process; and they advocate for pregnant and parenting teens facing discrimination in education. Jane’s Due Process is the only fully dedicated legal service for pregnant Texas minors. Their work is critical to the health and safety of children all over the state of Texas. They believe, as we do, that the life of a child is precious and deserves protection, and that minors who do not wish to become parents must not be forced to by the State. For their tireless work on behalf of pregnant and parenting minors all across the increasingly hostile landscape of Texas, we are extremely grateful.
If you’re a pregnant or parenting minor in Texas in need of legal help, contact Jane’s Due Process through their free hotline at 1-866-WWW-JANE (1-866-999-5263) or visit their website here. Their services are free, and regardless of what pregnancy option you may choose, they are there to support you. And so are we. Your body is yours and yours alone. Your rights as a living, breathing, feeling human being matter. Your life counts.
Martha Plimpton and the A is For Board of Directors
A is For is a not for profit 501c3 charity dedicated to fighting abortion stigma through advocacy, education, storytelling, and fundraising. We also help provide visibility and funds to other organizations working on the front lines to keep abortion legal and safe. Help us continue our work by donating HERE. Thank you for your support.
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