Unsympathetic: A pregnant woman addicted to meth. A woman who didn't take birth control. A woman who self-induces a later abortion -- or anyone whose reason for not wanting to be pregnant doesn't meet our definitions of acceptable.

This, at least, is the rough taxonomy of American political discourse around abortion, 40 years after Roe v. Wade. That decision was never a bold declaration of female bodily autonomy, but in theory it protected the decisions of every woman, even the ones "disapproved of" by society. But in practice, it's more complicated, and the law's views on pregnant women extend beyond those who want to have abortions. The question of whether the law should protect embryonic or fetal rights also includes issues surrounding whether women's behavior while pregnant -- even if there's no proof it causes lasting harm -- is the same as endangering a child.

Continue Reading...