GOALS | TAKEAWAYS | NEXT STEPS
The overall goal in creating this site is for at least one person to learn something new or gain a different perspective when it comes to legislating women's bodies.
The general takeaway is the importance of informational text in the classroom and exposing students to these written sources that are so very deeply connected to our lives.
The next logical step, after involving educators, students, and the community in an exploration of Louisiana law is involving legislators.
Below is a letter addressed to Governor John Bel Edwards:
Dear Governor Edwards,
In the aftermath of the Supreme Court's recent decision to overturn Roe v. Wade, many citizens of Louisiana have begun to educate themselves on subsequent changes in state law. It is my understanding that you had a significant role in the enactment of the state's current abortion legislation: six months ago, you signed Senate Bill 342 into law, or "The Human Life Protection Act," which outlines the provisions of obtaining a legal abortion in the state of Louisiana as well as the penalties for physicians who commit the crime of abortion in performing procedures that do not fall within the Code's small margin of legality. SB 342 lists three instances in which a woman may procure an abortion from a licensed physician: (1) "a pregnancy diagnosed as medically futile," (2) "to prevent death or substantial risk of death due to a physical condition," and (3) "to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman" La. Rev. Stat. § 40:1061, § 40:1061.1. (Justia 2015, 2022). There are no exceptions listed in the statutes for pregnancies resulting from rape or incest, and the decision to terminate the pregnancy ultimately lies in the hands of the attending physician alone--not the patient-- made by his or her "reasonable medical judgment" La. Rev. Stat. § 40:1061 (Justia 2015). This good-faith judgment is defined in SB 342 as "a physician's use of reasonable care and diligence, along with his best judgment, in the application of his skill." La Rev. Stat. 14:87.1 (LegiScan 2022). However, this definition provided in the legislation-- that "reasonable judgment" is the practice of "reasonable care" and "best judgment"-- is cause for concern. To speak candidly--as I believe all citizens should when addressing the officials elected to represent them-- in authoring legal provisions of such magnitude that they have been the subject of several Constitutional debates heard by the Supreme Court, one should arguably be more precise: the repeated use of words so subjective and broadly interpretable as "reasonable" and "judgment" conveys, at best, a sophomoric and insouciant effort in writing this bill and, at worst, a complete disregard for the citizens it affects.
It is the equivalent of defining the idiom "open mind" as "a mind that is open," and ultimately provides no real clarity for the physicians facing fines and prison time for violating these provisions. Consequently, many physicians refuse to perform abortion procedures-- even in scenarios pursuant to the Code-- because the language is so wooly and broad. When considering the options-- potentially losing their licenses to practice or using the law as a shield to keep them-- most physicians will choose the option involving the least risk. In turn, many women have been made to carry dangerous and failing pregnancies against their wishes: as a mother myself, this is an experience that is unfathomably heartbreaking.
No woman should be forced to endure a single day knowing that her womb is a tomb.
I urge you to consider revising the language used in the statutes in an act of respect for those who have suffered undue hardship due to this easily fixable issue as well as an attention--a duty, even-- to preventing any further distress for the women of Louisiana. We have been stripped of our bodily autonomy in a tremendous manner; however, providing physicians with clear and precise abortion provisions in the state legislation would result in greater access to safe medical abortions and healthcare direly needed by many.
It's a small step, but it's in the right direction.
As a woman in the field of education, I've created a website that summarizes Louisiana abortion legislation in an effort to bring forth clarity, insight, and perspective that SB 342 lacks. Please visit www.learnlarights.com and lean into how the Act has affected and will continue to affect your constituents.
Sincerely,
G.B.M.
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