Zero Steps Forward, Infinite Steps Back

It’s been approximately two months since I first touched on the topic of abortion in my blog post titled “Let’s Talk about Sex(ual Agency): The ‘Abortion Debate’.” Since the publication of that blog post, a new abortion law—SB8—has been enacted in Texas. 

I really hope that two months from now—or even less, if possible—that I’ll be writing another blog post in which I get to discuss how the government abandoned SB8 altogether.

Nevertheless, we need to talk about it.

What do we Need to Know about SB8?

If you are unfamiliar with the abortion law recently enacted in Texas at the beginning of September, let me give you a quick overview: the law basically makes it impossible for women—or any individual capable of becoming pregnant, for that matter—to have an abortion after six weeks from their last period.  

A fetus typically develops a detectable heartbeat at six weeks.

There are no exceptions to this law, even if the pregnancy is a result of rape or incest.

Additionally, the government is dodging their role in upholding this law by placing all responsibility on the citizens to enforce it. Citizens will be rewarded—as much as ten thousand dollars if they win a court case—for filing a claim against an individual who aided in providing an abortion. An individual who aided in providing an abortion could be anyone from the doctors and nurses who performed the procedure to the friend or family member who drove the pregnant woman to the clinic. However, the woman who received the abortion cannot be sued and—if the pregnancy was a result of rape or incest—the assaulter cannot be the one to bring the case to court (though any other citizen surely could).

This new law is absolutely unconstitutional and problematic.

Why is SB8 Problematic (if it’s not Obvious)?

This new law is problematic for several reasons, one of which I briefly touched on above: it is unconstitutional. If you have not yet watched Reversing Roe—come on, it’s been two months since I talked about this imperative documentary—I would highly suggest watching it. The case of Roe v. Wade basically set the groundwork for establishing the woman’s right to have an abortion when/if she feels it is necessary. SB8 conflicts with and violates the rights established in the case of Roe v. Wade.

Six weeks is also an awfully short amount of time for a woman to—first—confirm that she is actually pregnant and—second—make an informed decision regarding whether or not an abortion is necessary. There are so many factors that need to be considered before a decision can be made including her financial situation (can she provide a comfortable life for both herself and a child?), her employment (does she have a steady job, do they offer maternity leave, and will she qualify for maternity leave if she needs it?), her age (is she only a teenager or is she approaching an age where she might encounter medical complications during the pregnancy?), and whether or not she actually wants a child. 

Did you notice that I did not even mention her partner? I did this intentionally because her partner could potentially leave at any point during or after pregnancy, or she could decide to leave her partner: being a single parent is a reality for a large number of individuals. 

There’s also a chance that the pregnancy might not even be a result of a consensual relationship: it could be the result of rape or incest. So—this is where my blood starts to boil a bit—if a woman becomes pregnant as a result of incest or rape, she does not only have to live with the trauma from the assault itself but will also be retraumatized by a justice system that refuses to recognize her as a victim.

The lack of compassion, ethics, and logic that can be found in this new law is frightening.

Let’s get to Work

Honestly—I’m not going to lie—the fact that a law like SB8, which so plainly violates human rights, can be successfully enacted today scares me (and with the Canadian election in progress, we very well could see similar laws coming into place depending upon who wins majority government).

From what I’ve seen on social media and read in online magazines/journals, though, there has already been plenty of pushback to the new law. I’ve seen so many influencers on Instagram openly posting their concerns and working toward creating an online community of support for women and other individuals who may be affected by SB8. 

I’m also wondering how effective the new law will be in achieving its objective since the responsibility of policing abortion will be left in the hands of the citizens. Are there really that many people who are so opposed to abortion that they will be willing to spend excessive amounts of time fighting in court, even if they could potentially lose the case and the monetary reward that comes with it?

Don’t these people have jobs? Only kidding…

I joke because I really don’t quite know how else to respond.

I’ve heard so many people over the past few months repeatedly saying, “it’s a really interesting world we’re living in right now.” I don’t think it’s interesting: not in the slightest bit.

I think it’s scary.

So, let’s get to work.