Abortion rights activists have expressed concerns that the 2022 ruling by the U.S. Supreme Court, which facilitated state-level abortion restrictions, could lead to tracking women and potentially charging them with murder for obtaining abortions. Although no states have implemented such severe measures, these ideas have gained attention in legislative discussions this month.
In Oklahoma, lawmakers recently dismissed a proposal that sought to enable murder charges after a public hearing, while a similar initiative in North Dakota was rejected following a floor debate. Previous attempts to introduce similar bills have not gained traction, largely due to opposition from prominent anti-abortion organizations.
In Missouri, a legislative committee has begun reviewing a bill that aims to establish a database for pregnant women considered to be at risk of seeking an abortion while also linking them with prospective adoptive families.
The proposed legislation in Missouri mandates that the Department of Social Services create a dedicated division to maintain a central registry of expectant mothers who may be inclined to seek an abortion. In addition, this division would compile a list of potential adoptive parents and facilitate adoption processes.
Despite House Speaker Jonathan Patterson, a Republican, expressing an intention to support adoption initiatives, he noted that the bill lacks support from many House Republicans. This week saw the withdrawal of two similar bills, with Patterson remarking on the necessity of ensuring privacy in the proposed registry. He also highlighted concerns over the anticipated $30 million annual cost associated with implementing the plan.
Notably, the idea of tracking pregnancies has long been a cause for concern among various advocacy groups. The Planned Parenthood Federation of America claims that the Missouri initiative is unprecedented, while abortion rights supporters have historically voiced worries that a lack of privacy regarding reproductive health data could lead to misuse, including by law enforcement. Some Democratic-led states have introduced measures to safeguard such health information in recent years.
Katie Knutter, the executive director of Wellspring Health Access in Wyoming, reported that out-of-state patients express worries about being monitored by their home states when they seek abortions, even without any enforcement laws in place. This growing concern, she stated, can be traced back to broader media discussions surrounding these issues.
Meanwhile, lawmakers have considered but ultimately rejected proposals that would have allowed for murder charges against women obtaining abortions. In Oklahoma, the Senate Judiciary Committee voted 6-2 against such a proposal which could have imposed severe penalties, including the death penalty or life imprisonment. North Dakota’s House recently turned down a comparable measure with a vote of 77-16.
Organizations such as the National Right to Life Committee and Susan B. Anthony Pro-Life America have urged legislators not to pursue such harsh measures, citing that women are often pressured into abortion and should not be penalized. Nevertheless, some conservative lawmakers hold differing views. Senator Dusty Deevers, who sponsored the bill in Oklahoma, argued that current legislation contains significant gaps by not applying to the women themselves.
Deevers believes that his strategy is essential to halting the circulation of abortion pills, which can be prescribed by doctors in other states and delivered to patients in Oklahoma. A survey commissioned by the Society of Family Planning indicated that nearly 1,000 telemedicine abortions occurred in Oklahoma during the latter half of 2023. Additionally, research from the Guttmacher Institute revealed that over 60% of abortions in the U.S. healthcare system in 2023 involved the use of pills.
Concerns voiced by Democrats and some Republicans during the committee hearings included the potential for the law to lead to criminal probes into women’s miscarriages and the possibility that such extreme measures could galvanize support for a state constitutional amendment to secure abortion rights. Prospects for similar bills in states like Idaho and Indiana appear dim, while proposals have also emerged in South Carolina and Texas.
