This picture haunts me. It’s of Brittany Watts, a 34-year-old Black woman from Ohio, at a court hearing last month, where a judge ruled she could be tried for the felony charge of abusing a corpse after she miscarried. Such things have happened before, especially when the targets are poor or of color. But there’s no doubt that anti-choice fanaticism in the wake of Roe’s upending contributes mightily to this obscene persecution. Here’s the backstory to this picture of a woman caught in a nightmare.

On September 19, 2023, Ms. Watts had gone to the hospital because she appeared to be miscarrying 21 weeks into her pregnancy. Although doctors recommended inducing delivery of her non-viable fetus, she was kept waiting for 8 hours without treatment while the hospital ethics panel debated her fate. She returned the next day and again left without treatment. Soon after, she passed fetal tissue into the toilet, which clogged when she tried to flush. Upon returning to the hospital, a nurse called the police. In October, Ms. Watts was arrested and charged with a seldom-used law against abusing a corpse despite evidence that the fetus died in utero.

Imagine being denied treatment, miscarrying alone at home, then facing charges that could have resulted in a year’s imprisonment.

Fortunately, a grand jury recently ruled against proceeding with this persecution prosecution. The legal case may be over, but the anguish on Ms. Watts face speaks to the indelible horror of our post-Roe abortion landscape.

And this wasn’t even an abortion! But it did occur in the midst of Ohio’s ugly climate as forced-birth proponents in the state legislature tried (unsuccessfully) to severely restrict, even criminalize abortion. As Wendy A. Bach, a law professor at the University of Tennessee noted in the New York Times, “This is part of an ongoing and increasing trend to use the criminal law to punish reproductive health in this country. . . [Ms. Watts’s] punishment started the moment [the hospital’s ethics board] had to debate what to do with her rather than provide her with medical care.”

The cruelty is the point.

But it’s also backfiring. In state after state, voters of all political stripes are rejecting the wet dreams of Gilead. Abortion rights advocates have certainly capitalized on horror story after horror story of what the loss of Roe has meant: a 10-year-old Ohio girl who was raped being forced to seek an abortion in a neighboring state; her doctor facing egregious threats to her medical license, liberty, livelihood, and reputation; a mother and her pregnant teenager facing charges based on their Facebook messages; women like Texan Kate Cox who desperately want their babies but are unable to get the care they need when the pregnancy goes awry; ob-gyns leaving red states because it’s become impossible to deliver quality care without fear of prosecution in the legal morass of abortion bans.

These, of course, are the stories that generate sympathy and the will to fight back. My heart breaks for the hardships these people face, and I’m grateful to all who have come forward.

But even though the strategy of amplifying such stories has been highly effective at the ballot box, I’m also ambivalent about the hyper-focus on these relatively rare “sympathetic victim” cases. 

After all, the vast majority of those needing abortions don’t fall into this category. They shouldn’t have to. Failed birth control, no birth control, casual sex, awkward sex, great sex, acquiesced-to sex, immaturity, drunkenness, having other goals that don’t include childbirth are no less deserving reasons than a tragic turn in a wanted pregnancy or becoming pregnant through rape or incest. There are no categories of deserving or undeserving people when it comes to the decision of whether or when to bear a child. Everyone deserves the freedom to choose.

So come November, choose to overturn the cruelty of the forced-birth movement. Vote blue.