Pregnancy Criminalization

War on Women Report: 27 Women Accuse Trump of Sexual Assault; Louisiana’s Controlled Substances Law Criminalizing Abortion Medication Takes Effect

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U.S. patriarchal authoritarianism is on the rise, and democracy is on the decline. But day after day, we stay vigilant in our goals to dismantle patriarchy at every turn. The fight is far from over. We are watching, and we refuse to go back. This is the War on Women Report.

Since our last report:
—Texas Attorney General Ken Paxton is suing the city of Austin over its abortion travel fund.
—The number of women who have accused Republican presidential nominee Donald Trump of sexual assault is now up to 27.
—Louisiana’s law reclassifying the abortion medications mifepristone and misoprostol as “controlled dangerous substances” took effect on Oct. 1.
—In Manhattan, a 20-year-old woman is facing criminal charges for miscarrying in a restaurant bathroom.

Keeping Score: Federal Judge to DeSantis, ‘It’s the First Amendment, Stupid’; N.Y. Woman Investigated for Pregnancy Loss; Abortion Is #1 Issue for Women Voters Under 30

In every issue of Ms., we track research on our progress in the fight for equality, catalogue can’t-miss quotes from feminist voices and keep tabs on the feminist movement’s many milestones. We’re Keeping Score online, too—in this biweekly roundup.

This week: Abortion is the number one election issue for women under 30; a record-breaking 300,000 Georgians cast their ballots on the first day; equal pay trailblazer Lilly Ledbetter died at age 86; X (Twitter) fails to quickly remove revenge porn; less than 1 percent of U.S. abortions happen after 21 weeks; and more.

Explainer on Proposal 1, the New York Equal Rights Amendment on the Ballot

A New York ballot measure to create constitutional protections for abortion and create explicit protections for people who experience discrimination, passed overwhelmingly on Tuesday.

How will the New York ERA change the state Constitution? How can the New York ERA address structural and systemic discrimination? Will the New York ERA protect reproductive rights? Will the New York ERA undermine or weaken parental rights?

Criminalization of Pregnant Women Skyrockets, Based on the Legal Fiction of ‘Fetal Personhood’

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New research reveals at least 210 women faced criminal charges because of their pregnancies or pregnancy outcomes in the year after Dobbs—the highest number of documented prosecutions in a single year. The real number is likely much higher, according to new research released by Pregnancy Justice.

“Our new report shows how the Dobbs decision emboldened prosecutors to develop ever more aggressive strategies to prosecute pregnancy, leading to the most pregnancy-related criminal cases on record,” said Lourdes A. Rivera, president of Pregnancy Justice. “Being pregnant places people at increased risk, not only of dire health outcomes, but of arrest.”

The Arizona Abortion Ban Case Shows What ‘Let the States Decide’ Really Means

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The Arizona Supreme Court’s ruling that reinstated a draconian 1864 near-total abortion ban reveals the disingenuous nature of the “leave-it-to-the-states” positioning of some Republicans.

In response to the state Supreme Court’s decision, Democrats spearheaded legislation to repeal that law, which was recently signed by Gov. Katie Hobbs (D). However, leaving it to the states doesn’t always have such a rosy ending—and, indeed, this is not the end of efforts in Arizona or elsewhere by special interests trying to impose their regressive worldview on us all through law. A closer look into the Arizona abortion case and court that led to the reprise of this antiquated anti-abortion law reveals that some of the same anti-abortion zealots who played a central role in overturning Roe are also playing a role in revoking Arizonians’ access to abortion healthcare.

When It Comes to Abortion Bans, ‘Life of the Mother’ Exceptions Are a Lie

This Wednesday, Idaho will attempt to defend its extreme abortion ban at the Supreme Court. Like many other abortion bans in the United States, the Idaho law contains a so-called life exception, which purports to allow an abortion when “necessary to prevent the death” of the pregnant person.

But do these exceptions actually preserve the lives of patients in practice? As Mayron Hollis, Amanda Zurawski, the family of Yeniifer Alvarez-Estrada Glick, and countless other women can attest, the answer is no. And the truth is, they’re not designed to. 

The Best and Worst States for Family Care Policies

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In 2021, the Century Foundation published its first care policy report card, “Care Matters,” which graded each state on a number of supportive family policies and worker rights and protections, such as paid sick and paid family leave, pregnant worker fairness, and the domestic worker bill of rights. The 2021 report card revealed the tremendous gaps in state care policies and a fragmented and insufficient system of care workers and families in most states.

This year’s update, co-authored with Caring Across Generations, takes another look at how states are doing.

How Blocking the Pregnant Workers Fairness Act Is Part of Texas’ Anti-Trans Agenda

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The Pregnant Workers Fairness Act’s gender-inclusive language—in notable contrast to the Pregnancy Discrimination Act of 1978—marks a crucial step towards ensuring equitable treatment and access to accommodations. Without adequate protections, Texas employers could resist making accommodations for people such as pregnant trans men by arguing that it does not apply to them on the account that the Pregnancy Discrimination Act refers specifically to “women”.

Texas has already made clear that trans and gender diverse employees will not be protected in the workplace, when a judge ruled that employers need not protect trans workers from discrimination based on dress, pronoun, and bathroom usage. The Texas legislature’s obstruction of the PWFA serves as a stark reminder of the tangled web woven by the state’s pro-business stance and its vehemently anti-trans agenda.

Now, as we navigate the treacherous terrain of a post-Dobbs landscape, the plight of transgender pregnant individuals in Texas grows increasingly dire, underscoring the urgent need for comprehensive protections and support.