WTF Arkansas - Husbands can deny abortions?

[tropaka]

http://www.independent.co.uk/news/world/americas/arkansas-abortion-law-that-will-let-rapists-sue-victims-husbands-second-trimester-a7561066.html

Quote

A pregnant woman's husband will have the power to stop her from having an abortion, even in cases of spousal rape, under a new law introduced in the US state of Arkansas.  

Most second trimester abortions will also be banned by Act 45 - the Unborn Child Protection From Dismemberment Abortion Act - which will make it possible for husbands to sue doctors who carry out abortions for civil damages, or get an injunction to block the termination.

The pro-life law, which was pushed through in just two months by the state's Republican government, prohibits all dilation and evacuation (D&E) procedures, in which the physician removes the foetus from the womb with surgical tools.

D&E procedures are the safest way for women to end their pregnancies after 14 weeks of gestation, according to the American Medical Association.

But the medical procedure will now become a felony in the southern state, punishable by a $10,000 fine or six years in prison.

This is despite 683 of Arkansas's 3,771 abortions being D&E in 2015, according to the state's health department.  

A clause in the legislation also states the husband of a woman seeking an abortion, if he is presumed to be the baby's father, can file a civil lawsuit against the physician for monetary damages or "injunctive relief" ― a court order that would prevent the doctor from going ahead with the procedure.

The woman’s parents or legal guardians can also sue to stop the abortion, if she is a minor.

Although a husband cannot win money in cases of “criminal conduct” against his wife ― namely, spousal rape ― he could still sue to block her from having the abortion. 

State Representative Andy Mayberry, who co-sponsored the bill, called D&E a “gruesome, barbaric procedure”, adding that the routine procedure “is one that no civilised society should embrace”.

Mr Mayberry is also the president of Arkansas Right to Life, a subsidiary of America's largest pro-life organisation, the National Right to Life Committee.

Karen Musick, co-founder of Arkansas Abortion Support Network, told The Daily Beast she could not fathom how the bill had become law.

“There is zero part of me that understands why a rapist or someone who got someone pregnant against their will, maybe incest, would have any right in that decision,” she said. “I cannot wrap my brain around the fact that there would be anyone who thinks otherwise.”

Holly Dickson, legal director for the American Civil Liberties Union of Arkansas, told the Huffington Post the bill might not be constitutional. 

“They created a whole new right ― the right of a husband or family member to sue a doctor on behalf of an adult patient,” she said. “I cannot begin to tell you what the intent was, but we have raised concerns about that provision and the entire rest of the bill, which is unconstitutional.” 

The ACLU of Arkansas has said it plans to challenge the abortion law in court before it goes into effect later this year.

Six other states have passed nearly identical laws, and in all four states where the law was challenged ― Louisiana, Alabama, Mississippi and West Virginia ― it was struck down by the courts.

The Supreme Court’s 1973 decision in Roe versus Wade protects a woman’s right to have an abortion up until the foetus would be viable outside the womb, around 22 weeks of pregnancy. 

 

[ADoyle90815]

I guess I'm going to be using this meme more lately. Arkansas is now on the list of states to avoid, along with Indiana.

[candygirl200413]

This can't be constitutionally okay right? Do we have to wait like when Indiana (or was it Texas?, they all start to blend in with their right wing agenda) with burying the fetuses

[Toothfairy]

Why waste money on this bs bill? What if he's abusive? 

[sawasdee]

3 minutes ago, Toothfairy said:

Why waste money on this bs bill? What if he's abusive? 

Especially as similar laws in other states have already been struck down, as mentioned above.

[Penny]

Arkansas is one state I will never visit. Might have to drive hundreds of miles out of my way if need be. Will add Indiana to my list as well.

[Cleopatra7]

I think much of the problem the pro-choice movement faces is an enthusiasm gap. Most pro-choicers view abortion as a necessary evil at best and vaguely distasteful at worst. There are some people like Katha Pollitt who are upfront in calling abortion a social good, but I can't see a politician saying that, not even one from California or Massachusetts. This has caused anti-abortion activists to gain the moral ground by being the one's to dictate the terms of the discussion. Furthermore, there are families like the Duggars who are getting their kids involved in anti-abortion activism as early as possible and impressing upon them that abortion is the worst thing ever. I don't see a similar enthusiasm to impart the pro-choice perspective on the next generation among pro-choicers (though to be honest, I think it's age inappropriate to have children involved in anti-abortion activism, but it is a common occurrence, regardless). Given how zealous anti-abortion activists are and how lukewarm many pro-choicers are, I don't see how legalized abortion can remain so for much longer in this country.

[Coconut Flan]

I think it's tough to be rabidly pro-choice when the choice is there.  I became rabidly pro-choice in my teens when my first exposure to abortion was finding out that the back alley or do it yourself versions were the main possibilities at that time.  Thank you, Life magazine.   I can see people in some of the states where it's getting more and more difficult to get abortions to become the new fighters.  It isn't an urgent issue where I live now so I can see people putting their energy elsewhere. 

[Toothfairy]

2 hours ago, Cleopatra7 said:

I think much of the problem the pro-choice movement faces is an enthusiasm gap. Most pro-choicers view abortion as a necessary evil at best and vaguely distasteful at worst. There are some people like Katha Pollitt who are upfront in calling abortion a social good, but I can't see a politician saying that, not even one from California or Massachusetts. This has caused anti-abortion activists to gain the moral ground by being the one's to dictate the terms of the discussion. Furthermore, there are families like the Duggars who are getting their kids involved in anti-abortion activism as early as possible and impressing upon them that abortion is the worst thing ever. I don't see a similar enthusiasm to impart the pro-choice perspective on the next generation among pro-choicers (though to be honest, I think it's age inappropriate to have children involved in anti-abortion activism, but it is a common occurrence, regardless). Given how zealous anti-abortion activists are and how lukewarm many pro-choicers are, I don't see how legalized abortion can remain so for much longer in this country.

The Duggars should be quite. They have 19 kids a damn choice. All uneducated. 

 

I think prochoicers should get out there. Prolifers use false information for their arguments. They have foundations and protests. The biggest problem is religion and personal feelings. Prolifers see the fetus as a human life. They see women as inferior. Adoption is also an issue. Many pregnancy centers team up with agencies to get women to relinquish. 

[ShepherdontheRock]

I always get so pissed at politicians passing these laws that they KNOW will get struck down by a higher court. What a waste of taxpayer money, when there are so many other things clearly wrong. 

I agree, the pro-choice movement needs to be more enthusiastic. I guess the women's march dwarfing the march for life is a start. But there needs to be more action. 

Hopefully us young people can do it. One thing that made me feel good was observing them on my own college campus last fall. Some nasty anti-choicers put up this sick display, with photos of dismembered stillbirths, inaccurate comparisons to genocides, rape apathy...and then they got surrounded by students counterprotesting with planned parenthood action signs, pro-choice signs, and general feminist goodness. The anti-choice people were planning to stay for a week but left after 2 days. 

Perhaps we could organize this type of thing. With all the protest organization going on...let's keep it up. 

[sawasdee]

1) Abortion will never go away. It will be legal and safe, or illegal and possibly fatal. I am not pro abortion FOR MYSELF, but I feel that it is a social necessity. I do not, and have not, walked in the shoes of those who need them, and do not feel that I have the right to judge them, or say them yea or nay.

2)The Roman Catholic church tolerated abortion "until the baby quickened" - ie moved - until 1869.There was a concept called "ensoulment" which was when the foetus became a child - at quickening. The decision to make any abortion sinful was political, not moral or ethical. Other Christian churches followed this lead.

3)Please check out this article by Frank Schaeffer as to how abortion became a major issue for the Evangelicals. It was purely political, not moral, in its genesis. http://www.patheos.com/blogs/frankschaeffer/2014/07/the-actual-pro-life-conspiracy-that-handed-america-to-the-tea-party-far-religious-right-an-insiders-perspective/

 

The whole anti abortion movement is political and patriarchal, NOT moral, ethical or religious and surely not socially responsible.

I also find it interesting that the anti abortion movement fired up as women gained more and more equality - a chance to put us back in our (subordinate) place?

Grrr, fume, fume.

[Penny]

I agree, abortion will never go away. I remember when abortions were illegal. I knew someone who had one and it scared the crap out of me. No one should tell me what to do with my body. In 2000, I had a hysterectomy. Would lawmakers regulate my ability to have a hysterectomy? Should the government tell a person how many children they can or cannot have? The answer is no. 

[eveandadam]

I'm waiting for the day when a bill is proposed that abortion is denied even when the life of the woman is at stake. "It's God's will if she passes away"

Or even better: Medical interference of any kind for infertile/post-menopausal women should be abolished completely because they can no longer bear children and thus fail to fulfill their main purpose in life. Men are able to reproduce until very late in life (thanks viagra ;-) ), so they could marry a second time, take a younger wife and make babies.

[Childless]

Nope.  Sorry.  My body, my decision.  No man has the right to take away my bodily autonomy.  I don't care if it was his sperm that fertilized the ovum.  And if men think that's unfair.  Tough shit.  I don't think it's fair that I have to suffer for 10 months, destroy my health, and destroy my body to have a child, while the man gets to kick back and relax.  But that's the hand that nature dealt.  Suck it up and live with it.  If a man doesn't like that situation, I suggest he be more selective on where he puts his dick.

[clueliss]

This is going to allow them, ultimately, to 'retry' Roe v Wade at the Supreme Court level.  Factor in someone will end up suing, the ACLU will get involved, and take it up the court system...  I see this as a calculated move along with that travesty in Ohio regarding number of weeks.