’I’m terrified’: U.S. abortion law reversal shows rights can be taken away

It’s the verdict that shocked the world and now we can reveal how Roe v Wade will impact Toowoomba. Details here.

A legal expert has weighed in on fears that conservative lawmakers could roll back Australia’s abortion laws, as Darling Downs women open up about their experiences with considering the medical procedure.

In October 2018, history was made in Queensland when the Termination of Pregnancy Bill was passed in parliament, decriminalising abortion and allowing women to access the treatment up until 22 weeks gestation.

But with the overturning of legalised abortion in the US, the decision of whether or not women will be permitted to get an abortion will now be decided by the individual states, raising concerns for women’s health advocates of what this could mean for Australia.

Sabine Sampson with her son Matthew Sampson 5 years old. Thursday, June 30, 2022. Picture: Nev Madsen.

Toowoomba woman Sabine Sampson, 24, recently thought she would soon be welcoming another sibling for her two other children.

But, devastatingly, something went wrong during the developmental stage of her pregnancy and she decided to have a termination.

“If I didn’t have access to this treatment, I would have ended up in hospital, and I could have died,” she said.

“The decision in the US has stripped the rights of anyone with a uterus, and now women are going to need to fight for their rights, just like they’ve always had to.”

For Darling Downs woman Steffany Speranza, 37, she initially considered getting an abortion, but ultimately decided to keep her pregnancy – a decision she does not regret, but remains glad the choice was hers to make.

“At the time, I didn’t know if I was in a position to adequately provide for a child, and I didn’t think my marriage could handle it,” she said.

She fears a reversal in abortion laws across Australia could happen if people aren’t vigilant.

“What is happening in America might not be affecting us directly right now, but I think the main takeaway message here is laws can be changed and an attack on abortion rights is an attack on fundamental human rights.”

Norma McCorvey (L), also known as Jane Roe, with lawyer Gloria Allred outside US Supreme Court Apr 26 1989.

In 1970, Texas woman Norma McCorvey, who was also known by the pseudonym of Jane Roe, made history when she sued the Dallas County District Attorney, under the filing Roe v Wade, over her right to have an abortion.

Three years later, the US Supreme Court ruled in favour of Roe after a protection was found in the US Constitution, preventing all 50 states from making abortion illegal.

“That protection was based on an implied constitutional right of privacy, said to arise from due process clause of the Fourteenth Amendment to the US Constitution,” James Cook University law lecturer Shaune Williams said.

“The effect of the recent decision of the court has been to remove that protection, thereby freeing each of the US states to make laws on the subject matter of abortion as they see fit.”

The legal expert said it was unlikely a similar situation could arise in Australia, as the Australian Constitution operated differently and did not contain a bill of rights.

“The subject matter of abortion falls within the lawmaking power of the Australian states and territories, and not the Commonwealth,” Mr Williams said. “It is very difficult to conceive how the High Court could arrive at a conclusion that the subject matter of abortion falls within the ambit of Commonwealth lawmaking power.

“Ultimately, it is for the people, through their elected representatives, to guide the direction of the law on abortion in Australia which, one ought continue to hope, is reflective of ever-evolving community standards, expectations, and hopes for the future.”

Daile Kelleher with Women’s rights campaigners outside parliament. Pic Annette Dew

Children By Choice chief executive officer Daile Kelleher said the news from the US would likely result in horrific consequences for women.

“(It) will mainly impact disadvantaged and marginalised people, so you’ll find women of colour, living with disabilities, living in poverty and experiencing violence or control in their relationships, will be most likely impacted,” she said.

“We could also see the loss of life of pregnant people whether that be through maternal mortality, suicide or homicide by a partner, which we know increases during pregnancy, so these are real consequences.”

Ellisa Parker.

Experts highlight gaps in framework

Questions remain over how the new framework in the US will operate and whether or not religious beliefs outside of the Christian faith will be respected.

Islamic scholar Ellisa Parker (pictured) said while abortion wasn’t mentioned directly in the Koran, modern followers would support a woman’s choice in certain circumstances and within 120 days.

She said some of the main reasons included foetal impairment beyond what could be managed with modern science, rape, incest, social and economical factors and the protection of one’s health.

“Although we see the global events of Islam today, these rights were given to women a long time ago,” she said.

“It’s quite disappointing to see America, which is seen as quite a progressive country, take us back by almost 1400 years.”

Summer Brouwer chants during an abortion-rights march in front of the Dirksen Senate Office Building on June 29, 2022 in Washington, DC. The Supreme Court's decision in Dobbs v Jackson Women's Health overturned the landmark 50-year-old Roe v Wade case and erased a federal right to an abortion. Picture: Nathan Howard / Getty Images

James Cook University law lecturer Shaune Williams said the law in each of the states which have made abortions illegal would need to be researched to know if any exemptions would be made.

However, the law expert said he would be surprised if many prosecutions for illegal abortions occurred at all in these states.

“Abortion clinics in pro-abortion states are likely to capitalise on the quasi-monopoly they will now have in offering the procedure where others don’t,” he said.

“Underground illegal clinics might operate in the anti-abortion states, (but) I wonder about the cost-effectiveness of this when weighed against the risk of prosecution.

“If it does happen, the real issue lies not in the penalties upon prosecution, but in the health and safety risks to those women who are left with no choice but to undergo backyard abortion procedures.”

SUPPORT SERVICES

If you need advice or someone to speak to, please contact:

– Children By Choice: 1800 177 725

– DV Connect: 1800 811 811

– Lifeline: 13 11 14

– Pregnancy, Birth and Baby Helpline: 1800 822 436

– Women’s Health Queensland: 1800 017 676