Categories
Population

Chastise Texas about its unsafe abortion law

Women’s March, 3 October 2021, in Durango, Colorado

There is no such thing as banning abortion, there is only banning safe abortion.

            Texas has just passed the country’s most draconian and restrictive law on abortion, which the Supreme Court initially refused to consider. What bothers me is not just the lack access to safe abortion services but also some aspects of the law.

            S.B.8 (nicknamed the “Texas Heartbeat Act”) prohibits a doctor from performing an abortion if a fetal heartbeat is present. Before performing an abortion, doctors must know if the fetal heartbeat can be seen by ultrasound. An abortion can only be performed with a heartbeat if there is a “medical emergency”, although that term is not defined. I assume that would include true medical emergencies (such as an infected pregnancy), or if the woman has a serious medical condition that might kill her if the pregnancy were to continue, such as a tubal pregnancy.

            The law empowers normal citizens to be abortion “vigilantes”. It says: “Any person… may bring a civil action against any person who….” Reasons for legal action include a doctor who performs an abortion with a heartbeat, a person who helps someone else get an abortion, or even a person who has the intention to help someone have an abortion. The penalties are dire, and include a bounty of not less than $10,000 for each abortion. The law has no exceptions for rape or incest.

            What is really remarkable is that the law prevents the usual enforcement, but rather encourages spying and snitching. It states: “…shall be enforced exclusively through the private civil actions….” This law allows anyone, in or outside of Texas, to attempt to grab the bounty on a doctor who performs an abortion beyond 6 weeks.

            The people who wrote this law knew that it would be challenged and that the challenge would probably go to the Supreme Court of the USA, so put in a remarkable clause: that no regard would be given to “a defendant’s belief that the requirements of this subchapter are unconstitutional….”

            Furthermore, the legislature has stopped using the correct medical term for an early pregnancy, “fetus”, but rather substituted “unborn child”. Although this might be satisfying for people who are against abortion, I hate to see legislators change medical terminology for their nefarious purposes. Isn’t there a law against lawyers practicing medicine? To make things worse, courts are playing legal pingpong with women’s reproductive rights, the law having been stayed by one court, then reinstated by another.

            What can we expect to see as a result of S.B.8? More women will travel outside of Texas for abortion care. One clinic in Oklahoma City already reports that two thirds of their patients come from Texas. More concerning is that there will be more unsafe abortions as women become desperate—as was the case before Roe v. Wade in 1973. We can expect an increase in maternal mortality in Texas, as has happened in states when they have enacted laws that decrease access to safe abortion services. Texas already has a higher-than-average number of women dying from pregnancy-related problems. 

            A brave Texas OB-GYN, Dr. Alan Braid, openly broke the law and wrote about it in the Washington Post. His patient, a 42-year-old mother of 4 young children, couldn’t leave them to go to another state. Braid wrote that during his training, before 1973, he saw 3 teenagers die from illegal abortions; this is part of his motivation for performing safe abortions. 

            What can be done? Studies in other countries have shown that home abortions with medications can be safe. Women can put away their hangers and knitting needles and safely purchase the medications needed on Internet. AidAccess is one source of information about the medications that can cause an abortion safely. For Texas women who live close to the border, misoprostol is available in Mexico and is a safe way to cause an abortion by following instructions at the International Women’s Health Coalition website.

            What is clear, according to a recent Economist survey, is that the majority of Americans favor access to safe, legal abortion services. Texans, don’t be bullied by religious fanatics!

© Richard Grossman MD, 2021

Categories
Public Health Women's Issues

Tackle the Pink Tax

            We’re all aware that the role of women has changed in the last centuries, but probably less aware that their biology has also changed. Together, these changes have helped change society.

            Currently an average girl in the USA undergoes menarche (starts to menstruate) before age 13. In the 19th century a girl was 4 years older before reaching that landmark. We aren’t sure why girls are maturing earlier, but there are probably multiple factors. Better diet is definitely a contributing cause, as is obesity. Chronic stress may also be a factor, and endocrine disrupting chemicals such as BPA probably have an effect. Interestingly, menopause (the permanent cessation of periods) may occur slightly later than a century ago.

            Menstrual problems may come along with menarche. Usually this is just cramps that are controlled with over-the-counter medication. Because girls often don’t ovulate for the first months after menarche, a girl may have heavy and/or irregular periods that may lead to anemia. These problems can interfere with the young woman’s life, causing her to miss school, sports or other important activities.

            Interest in boys usually follows menarche. The same hormones that cause a young woman to menstruate also affect her libido. Since girls are maturing earlier, it follows that they will also be interested in sex at an earlier age. On the other hand, the average woman’s education lasts many years longer than it did a century ago. Our mores are still based on the way people lived in the 19th century, when it was common for a woman to wed shortly after graduation from high school, or even to drop out to marry. Her husband was usually the breadwinner and she stayed home to care for the children—the first of whom was born not long after marriage.

            One of my heroes, Dr. Malcolm Potts, has observed: “…the modern woman can have 300 or more menstrual cycles. Given a later puberty and pregnancies separated by long intervals of ovulation-suppressing breastfeeding, women in the few surviving hunter gatherer societies, may have as few as 60 life time cycles.”

            Can “the pill” safely help young women? Oral contraceptives are the most effective way to regulate periods. They decrease blood loss and reduce cramping, plus they make periods predictable. It is even also possible to skip periods by changing how pills are taken. For some, oral contraceptives will help with the moodiness (PMS) that may come before a period.

            Young women may benefit from other good side effects of “the pill”, including improving acne, decreasing the risk of anemia or ovarian cysts, and later decreasing the chances of a woman developing ovarian or uterine cancer.

             Menstruation interferes with the lives of many women. In less developing countries girls often miss school when menstruating, or drop out entirely—especially if they cannot afford pads.  That is also true for some girls in the USA: Chicago Public Schools have a policy which “…requires that schools provide free menstrual products in bathrooms to improve gender equity for people who miss school because they don’t have access to these products.” Denver Public Schools and some other Colorado schools also provide easy access to free menstrual products. Scotland has gone a step further—menstrual products are free to all who need them.

            Another problem in developing countries is that many schools lack clean and private washrooms. “Days for Girls”, an international nonprofit organization, provides help to many young students. In addition to making and supplying reusable pads and ways to carry and clean them, instructors go to schools and talk to young women about menstrual care and staying safe.

            The cost of menstrual protection can add up, and it is an expense that boys and men don’t have. To make things worse, in many states (including Colorado) these products are taxed because they are not considered “necessities of life”. Organizations such as Period Equity are tackling the “pink tax”. In Colorado, House Bill 1127 was introduced in the Legislature in 2017 to do away with this unfair tax, but the bill was postponed indefinitely. The City of Denver has already stopped taxing these necessities for women; isn’t it time that the whole state follows along?

© Richard Grossman MD, 2021