Roe vs. Wade in North Dakota
February 11, 2010 4:06:51
by Amy
North Dakota Public Affairs Manager
Planned Parenthood Minnesota, North Dakota, South Dakota Action Fund
On January 22 thirty seven years ago, the Roe v. Wade decision legalized the right for American women to abortion. Despite polarized opposition to the choice of abortion, public health data shows that medically safe, legal abortion has a profound impact on American women and their families. The local media appeared to have let the anniversary of Roe past silently in the Region. That is until earlier this week when the Fargo Forum printed a letter from former Fargonian and anti choice zealot Marin Wishnatsky. His argument was dangerous, damaging and flat out deceitful. It is imperative the record be set straight. Wishnatsky’s baseless babble can not be what is left resonating. On the anniversary of Roe v. Wade we always seem to argue the issue of abortion. What the Supreme Court actually decided is that this is a private decision between a woman and her doctor. Not everyone agrees with a woman’s right to choose to terminate a pregnancy, but that is the point: it should be a woman’s decision. Despite enduring years of attacks, this monumental decision still stands as the law of the land and remains one of the most politically significant events in Supreme Court History. But for a moment lets imagine what would happen in North Dakota if Mr. Wishnatsky other ideologues were able to get Roe overturned. In 2007, North Dakota passed a “trigger law” which would go into effect immediately banning abortion in the state. The law provides no exception for an abortion to protect the health of a woman; neglecting all the possible complications of pregnancy which could result in serious harmful effects on a woman. There are also conditions in pregnancy that make it impossible for a fetus to survive outside the womb; even in these cases a woman would not be able to terminate the pregnancy. Under the North Dakota “trigger law” even if the doctor decided that a woman’s life is at risk, the law does not offer a meaningful life exception. The law only creates an affirmative defense for doctor who performs an abortion if a woman’s life if in danger. What does this mean? It means if a doctor is prosecuted for performing an abortion the burden to prove a life exception existed would be on the doctor. The physician’s only option to satisfy the affirmative defense is to violate the relationship with their patient and call the patient to the witness stand to prove the doctor’s innocence. This could create a chilling effect on doctors; discouraging them form doing what is necessary to save the life of a woman for fear of punishment of up to 5 years in prison. Moreover the “trigger- law’ North Dakota currently has on the books makes no exceptions for rape and incest victims who find themselves pregnant. Incest victims are usually children who are rarely able to access emergency care and many cases are never reported. Victims are terrified of revealing the abuse due to confusion, guilt and fear of being blamed, punished, or not believed. Regardless of one’s personal or religious felling regarding abortion, it cannot be disputed that banning abortion will not stop abortion. Instead it would only return women to the days prior to the 1973 Roe v. Wade decision, when abortion occurred illegally, in great numbers, and resulted in unsafe procedures for many and death for others. The only way to reduce abortions in North Dakota and in the United States is through access to preventative care. It is commonly known that half of all pregnancies in the United States are unintended, and half of unintended pregnancies end in abortion. As a trusted provider of health care to thousands of women in our region, including locally at our Moorhead Clinic, Planned Parenthood knows firsthand how critical it is for every woman to have good health care coverage, including comprehensive reproductive health care. Access to a trusted provider of choice, affordable birth control and emergency contraception top the list of health care needs for The fight for health care reform has never been closer to success or more urgent. Passing reform would mean lowering health care costs and guaranteeing quality health care for millions of American women and families. I call upon Mr. Wishnatsky and other who fight against the Roe V Wade decision to join forces and work to prevent unintended pregnancy. Our country’s own history has proven that making abortion illegal doesn’t end abortion. The bottom line is: women need health care reform, and they need it now.
Trackback: http://www.plannedparenthoodadvocate.org/trackback/742/GLxrwy4Z/


