Legal Abortion Is a Fundamental Right -- Why Do We Often Forget That?

By Frances Kissling, The Women's Media Center. Posted January 3, 2010.

It's time to demand that the promise of Roe becomes a reality for women whose choices are already limited by poverty, joblessness and marginalization.

The debate about abortion coverage in health insurance reform is the latest disappointing moment in the efforts of feminists to ensure that the social transformation Roe promised women was equally available to all women, including those who were dependent on the government for health care. To hear President Obama call the Hyde Amendment, which prohibits the use of federal Medicaid funds for abortion, an “American tradition” is only the most recent of many misstatements about what a fundamental right entails. It seems that prochoice legislators, following the president’s lead, now explicitly consider that throwing women who cannot afford to pay for their own abortions under the bus is a reasonable compromise between those who favor and those who oppose legal abortion and a sensible concession to those who think abortion is immoral.

The compromise is the logical outcome of one of Roe’s essential weaknesses: the fact that the constitutional right to abortion was based on the principle of privacy rather than non discrimination. A private right, even a fundamental one, did not, according to the Supreme Court, require the state to pay for its implementation.

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On Roe v. Wade's Anniversary, Obama to Begin Mopping Up Bush's Misogynistic Mess

By Emily Douglas, RH Reality Check. Posted January 22, 2009.

The Obama administration has women's reproductive rights and health high on its agenda.

President Obama took office just 48 hours ago, and the world is already a very different place for women and their reproductive health.

Global Gag Rule, Conscience Rule, and Ban on Stem Cell Funding on the Chopping Block

Word is that the administration will repeal the global gag rule today, on the 36th anniversary of Roe v. Wade. "This is a big victory for women overseas," said Tod Preston, vice president for government relations at Population Action International, told the LA Times. "We know their health has been severely impacted by the cutoff. If you want to reduce unintended pregnancies, abortion and women dying from high-risk pregnancies because they don't have access to family planning, you don't do it by cutting off U.S. assistance."

The LA Times reportsthat the new administration also plans to "freeze" many of the midnight regulations promulgated by the Bush administration, including the Department of Health and Human Services's provider conscience expansion, which would enable health care providers to deny access to critical health care, including forms of contraception, to women. But the New York Times says addressing this regulation may take more time, as it went into effect January 19: "A 1983 Supreme Court decision suggests that the new administration would need to go through a formal rule-making process, with an opportunity for public comment, if it wanted to revoke this rule."

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