Abortion rights supporters have expressed concern that the 2022 U.S. Supreme Court decision, which permitted states to enforce their own abortion restrictions, might eventually lead to tracking women and prosecuting them for abortion as murder. While no states have acted on these ideas yet, they have re-emerged as topics of discussion in various state legislatures this month.
In Oklahoma, a proposed bill allowing murder charges related to abortions was halted after a public hearing, and a similar initiative in North Dakota was dismissed following a floor discussion. Although akin measures have been previously introduced, they have not been given serious consideration, partly due to the opposition from key anti-abortion organizations. Meanwhile, in Missouri, a committee has entertained a proposal to develop a registry of pregnant women considered “at risk” for abortion while linking them to potential adoptive families.
The Missouri plan aims to task the state Department of Social Services with establishing a new unit to maintain a “central registry” of expectant mothers who may be inclined to seek abortions. This division would additionally oversee a list of prospective adoptive parents and facilitate the adoption process.
House Speaker Jonathan Patterson, a Republican, mentioned the goal of supporting adoption but also emphasized that the bill lacks significant backing among House Republicans. Two similar bills were withdrawn this week. “There are valid concerns regarding the registry and the privacy of individuals,” Patterson stated, highlighting the need for strict measures to safeguard personal information. Furthermore, Republicans have raised issues about government expansion and the projected cost of $30 million annually for this initiative.
Nonetheless, the bill has garnered some endorsements. Susan Klein, executive director of Missouri Right to Life, remarked that such legislation counters the misconception propagated by abortion advocates that pro-life groups do not support women or their children after birth.
Concerns regarding the monitoring of pregnancies are not new among reproductive rights advocates. The Planned Parenthood Federation of America claims that the Missouri initiative is unprecedented; however, fears concerning the tracking of pregnant individuals have long been voiced. Advocates arguing for abortion rights have consistently maintained that without assured privacy around reproductive health data, such information could be weaponized for targeted advertising or law enforcement inquiries. Some states led by Democrats have taken steps in recent years to bolster protections for health data.
Katie Knutter, executive director of Wellspring Health Access in Wyoming, expressed concerns in a recent media call, stating that patients seeking abortions often worry about being surveilled by their home states, despite the absence of formal tracking laws. “The wider media discussions have raised considerable awareness and concern among patients,” Knutter commented.
In a different legislative turn, Oklahoma’s Senate Judiciary Committee recently rejected the idea of permitting murder charges against women who seek abortions, voting 6-2 against the proposal, which potentially included severe penalties like life imprisonment or the death penalty. Earlier, North Dakota’s House dismissed a similar proposal with a decisive 77-16 vote.
Advocacy groups, including the National Right to Life Committee and Susan B. Anthony Pro-Life America, have long cautioned lawmakers against pursuing such measures, highlighting that many women are pressured into choosing abortion and therefore should not be subjected to punishment. Conversely, some conservative lawmakers hold a different viewpoint. “Although abortion clinics in Oklahoma no longer provide services, there exists a significant loophole in state laws,” remarked Senator Dusty Deevers, who advocated for the Oklahoma proposal during the committee hearing.
Deevers argued that his legislation is the only means to combat the increasing availability of abortion pills prescribed by out-of-state doctors through telehealth services. A survey from the Society of Family Planning indicated that nearly 1,000 abortions via telemedicine occurred in Oklahoma during the latter half of 2023. Research from the Guttmacher Institute also indicated that by 2023, over 60% of abortions in distinct healthcare settings across the country involved medication.
Committee members, including both Democrats and some Republicans, raised concerns that the law could inadvertently lead to criminal investigations regarding miscarriages, that such extreme measures could galvanize support for a constitutional amendment favoring abortion rights, or that enforcing the law would present significant challenges. Similar legislative proposals in Idaho and Indiana seem unlikely to advance, while additional bills have emerged in South Carolina and Texas.
