In June 2022, the U.S. Supreme Court overturned the landmark ruling Roe v. Wade, ending the federal enshrinement of abortion rights in America. While Roe alone was never enough to protect access to abortion in America — as access has always hinged on a variety of factors including the state an American resided in and their ability to access care — the Supreme Court’s precedent established in 1973 was a pivotal moment in reproductive rights progress.
In an ideal world, the 1973 ruling would have ushered in a new era where abortion was accessible to all decades later with very few barriers. Instead, it triggered a backlash that ultimately resulted in its overturn in 2022.
Since then, it’s certainly been a tough year in reproductive rights. 2023 marked the first full one year since the overturn, where many states went above and beyond to further clamp down on access to abortion care. As of December 2023, fourteen states enforced total bans while seven states restricted access under limits that would have been considered unconstitutional under Roe v. Wade. Guttmacher Institute estimated that 80 abortion restrictions were enacted in 2023, which has further restricted access to abortion care for millions of people.
Despite all the darkness in reproductive progress, you might be surprised to hear there were some moments of hope. As Guttmacher Institute also noted, in 2023, 22 states and the District of Columbia had enacted 129 measures to protect access to abortion, which was the highest number of protections ever enacted in a single year. As anti-abortion activists further restrict access, abortion rights advocates are fighting back harder than ever. Yes, 2023 was certainly not a year to celebrate reproductive rights progress in America, but there were moments of hope that make us believe it can get better.
Planned Parenthood resumed abortion care in Wisconsin
After 15 months of being stuck in a legal limbo, Planned Parenthood resumed offering abortion care in Wisconsin in September 2023 in two of its clinics. In December, it resumed abortion care in a third clinic. Abortions were on hold because the overturn of Roe v. Wade triggered an archaic 1849 Wisconsin law that could have been interpreted as criminalizing abortion. Planned Parenthood described the decision to halt abortion care as “agonizing,” but felt it was necessary to protect abortion care providers.
Fortunately, a decision made by the Dane County Circuit Court in July 2023 clarified that the 1849 law was not enforceable for voluntary abortions, instead it was about banning feticide. Upon resume services at the first two clinics, Planned Parenthood told NPR slots were filled within 24 hours emphasizing that the need was certainly there.
Ohio enshrined abortion rights
The November 2023 election was a win for abortion rights in many states, including the state of Ohio. A ballot measure seeking to enshrine abortion protections into Ohio’s state Constitution passed by a majority vote. The issue enshrined in the state’s constitution that every person in Ohio has the right “to one’s own reproductive medical treatment, including but not limited to abortion,” and barred the state from “burdening, penalizing or prohibiting” those rights.
The winning ballot measure was a huge win for Ohio as it was a state with an abortion-ban trigger law. After Roe was overturned, SB23 — an extreme law that criminalized abortion care after about six weeks of pregnancy — went into effect for about a three month period.
“This victory ensures not only that Ohioans have the legal right to this essential care without question, but that abortion patients across the Midwest living in states where abortion access is limited or banned can also more easily get the care they need,” Brittany Fonteno, President & CEO of the National Abortion Federation, said about the win at the time.
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Three more states protected legal right to abortion in big ways
Minnesota, New Mexico and Oregon also made moves to protect the legal right to abortion in their state constitutions or state statutes. In Minnesota, Gov. Tim Walz protected the right to abortion and other reproductive health care by enshrining it into Minnesota statutes in January 2023.
In New Mexico, Gov. Michelle Lujan Grisham signed HB7, the Reproductive and Gender-Affirming Health Care Freedom Act, into law to prohibit any public body from imposing ordinances, policies, laws or regulations that prevent patients from receiving gender-affirming or reproductive care. And in Oregon, legislators passed House Bill 2002, which also focused on further protecting gender-affirming and reproductive care.
In 2023, lawmakers in Rhode Island approved and passed the Equality in Abortion Coverage Act (EACA) which eliminated a ban on public funding for abortion. The move was described by Planned Parenthood as a “historic victory for reproductive freedom,” as it gave an estimated 90,000 reproductive-aged Rhode Islanders access to publicly-funded abortion coverage via Medicaid or a state employee insurance plan. Rhode Island joined a list of 16 other states, including Connecticut and Massachusetts, added abortion coverage to their state Medicaid plans.
“The Equality in Abortion Care Act will help reduce financial barriers to accessing abortion in the state,” said Alexis McGill Johnson, president of Planned Parenthood Action Fund in a media statement. “This change is especially meaningful for Black and Latino Rhode Islanders, who are disproportionately affected by bans on abortion coverage.”
Opill, the first over-the-counter birth control pill, approved
In July 2023, the U.S. Food and Drug Administration (FDA) approved an over-the-counter birth control pill, marking the first time an oral contraceptive has ever been available without a prescription in the United States to prevent pregnancy. Known as Opill (norgestrel), the announcement was a historic moment for female health.
Opill was first FDA-approved in 1973 as a progestin-only medication, which refers to the class of drugs it falls under. Opill works by thinning the lining of the uterus, which can prevent sperm from reaching an egg by thickening mucus in the cervix. Experts believe over-the-counter availability will improve accessibility to birth control.
A study published in The Journal of Health Politics, Policy and Law in 2021 found that low-income people and people of color are more likely to live in contraception deserts. While this is not a replacement for access to abortion, experts said it will be one piece to the puzzle that enables people to make their choices about their reproductive health. At the time of the announcement, the manufacturer said Opill will be on store shelves in early 2024.
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