The Cruelty of the Forced-Birth Movement

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.

Don’t Be Fooled

My heart sank when I first heard about Lindsey Graham’s proposal for a nationwide abortion ban after 15 weeks of pregnancy. That’s because I thought he might just succeed in tricking people into thinking it was a reasonable idea. After all, before the Dobbs decision eliminated constitutional protection altogether, abortion rights had been slowly eroded for decades by just such “compromises.” Chief Justice Roberts was hoping to preserve a fig leaf of SCOTUS legitimacy by allowing just such a ban to stand in Mississippi without overturning Roe. Plus, a 15-week limit polls well.

I also had to read the fine print to understand that Graham’s proposal did not ensure abortion rights nationwide for the first 15 weeks. Quite the contrary: States would remain perfectly free to restrict abortion at any earlier point, while states with more liberal access would be forced to ban the procedure after 15 weeks. As the saying goes, “Heads we win, tails you lose.”

Still, it’s not unusual for people to react with outrage to egregious proposals before acquiescing to something more in the middle. Graham is trying to quell the intense backlash to overturning Roe by offering something that sounds more reasonable than the draconian restrictions GOP state legislatures are passing right and left.

I myself—staunchly pro-choice my entire life—almost fell for something similar when “partial-birth abortion” entered the anti-choice lexicon in the mid-90s. The descriptions of the procedure were pretty grisly: puncturing the skulls and removing the brains of partially delivered fetuses. It sounded as bad as abandoning newborn infants on Chinese mountaintops simply because they were girls. A steady diet of such horror stories made me wonder who could possibly oppose banning such a practice.

Or so I reacted for a nano-second, until I thought and learned some more. The scary coinage came from the National Right to Life Committee in 1995. The correct term for the medical procedure is “intact dilation and extraction,” a safer method than the prior standard for ending pregnancies after the first trimester. About 95% of abortions occur before 15 weeks, but it’s not exactly like care-free women are casually clamoring to end their pregnancies later on. Some may not have known they were pregnant. Others have been forced to jump through so many hoops already that a safer, simpler abortion option is no longer possible. Most likely, something has gone wrong with a wanted pregnancy, as Pete Buttigieg explained in 2020 at a Fox News Town Hall. Here’s his exchange as reported by Upworthy with moderator Chris Wallace about whether there should be any limits on abortion rights:

“I think the dialogue has gotten so caught up on where you draw the line that we’ve gotten away from the fundamental question of who gets to draw the line,” Buttigieg replied, “and I trust women to draw the line when it’s their own health.”

Wallace wanted to clarify that Buttigieg would be okay with late-term abortion and pointed out that there are more than 6000 women who get third trimester abortions each year.

“That’s right,” responded Buttiegieg, “representing one percent of cases. So let’s put ourselves in the shoes of a woman in that situation. If it’s that late in your pregnancy, than almost by definition, you’ve been expecting to carry it to term. We’re talking about women who have perhaps chosen a name. Women who have purchased a crib, families that then get the most devastating medical news of their lifetime, something about the health or the life of the mother or viability of the pregnancy that forces them to make an impossible, unthinkable choice. And the bottom line is as horrible as that choice is, that woman, that family may seek spiritual guidance, they may seek medical guidance, but that decision is not going to be made any better, medically or morally, because the government is dictating how that decision should be made.”

Reporter Annie Renau then observes:

And that’s really the gist of the pro-choice stance. Why would we want the government to be involved in our most difficult medical and moral dilemmas and decisions?

Exactly. Especially the likes of Lindsey Graham and all the other Forced Birth proponents in government. No matter what the reason or stage of pregnancy.

Luckily, Graham’s proposal has backfired. His intentions are clear, and his own party is mad at him for saying the quiet parts out loud as they busily scrub their websites of draconian anti-choice pronouncements.

Don’t be fooled. Come November 8, Roe, Roe, Roe your vote.