Despite federal protections for abortion access, many states across the country have criminal laws that may criminalize women who end their own pregnancies or medical professionals who provide abortion. Some of these laws have been on the books for centuries, and could spring back into effect if Roe v. Wade were overturned or weakened; some are currently enforced; and some are newly introduced by anti-abortion politicians who want to push abortion out of reach and punish women and doctors.
When a woman has decided to end a pregnancy and is unable to obtain an abortion from a health care provider for any reason, she may induce her abortion on her own. In some states, that could mean risking prosecution and jail. NIRH is working to ensure that however a woman chooses to end a pregnancy, she can do so safely, effectively, and without fear of prosecution.
NIRH firmly believes that abortion is health care, not a criminal act.
With the implications of a gutted Roe, and fewer abortion clinics open and accessible, we now face the perfect storm for the criminalization of women and medical professionals for seeking or providing abortions. The number of women who manage their own abortion, out of choice or necessity, would likely surge. Archaic laws criminalizing abortion could become enforceable and states could introduce new legislation to ban abortion outright, as they have in Ohio.
In 2018 and 2019, NIRH supported statewide campaigns in Ohio, New York, and Michigan to decriminalize people seeking abortions and providers who offer abortion care.
During this time, NIRH launched a campaign in Ohio in partnership with NARAL Pro-Choice Ohio Foundation to educate the public about House Bill 565, a new piece of legislation that would outlaw abortions in Ohio, subjecting women to criminalization, jail time, and even the death penalty. Under this bill, anyone who violates the law – a woman, medical professionals, friends of the woman who drive her to the clinic or help her purchase abortion pills — could be charged with murder, including aggravated murder, which carries with it the death penalty or life in prison.
At the start of 2019, NIRH launched a campaign to educate New Yorkers and legislators about how New York’s previous abortion law criminalized women who sought to end their pregnancy on their own, without involving a medical professional. New York’s criminal law also had a chilling effect on medical providers. Billboards in Albany as well as Facebook, Twitter, and Google Search ads provided information about the outdated and dangerous nature of New York’s law — and emphasized that abortion should be treated as health care, not a criminal act.
NIRHlaunched an advocacy campaign in Michigan in partnership with RECLAIM to educate the general public and legislators about Michigan’s dangerously outdated laws on the books that criminalize abortion. Without protections provided by Roe in place, Michigan’s 1931 abortion law would criminalize doctors who perform abortions, making them guilty of a felony. Doctors could be prosecuted and punished with up to two years in jail for performing a safe, common health care procedure.