Tuesday marks the 40th anniversary of the U.S. Supreme Court’s decision in Roe v. Wade. In Roe, the court recognized a woman’s right to privacy when making important health care decisions regarding pregnancy. Forty years later, we take this day to remember that very important lesson: that a woman’s decision about her pregnancy — whether to have a child, choose adoption or have an abortion — is best left to her, her family, her faith and her health care provider.
When Roe was decided in 1973, the rest of the nation was catching up with Hawaii. Three years earlier, the Hawaii Legislature had passed a bill ensuring that women in Hawaii had access to safe and legal abortion. Remarkably, that bill was allowed to become law by Gov. John Burns, a Catholic who struggled with his own personal thoughts on abortion.
In allowing that law, Gov. Burns reflected on the real lives of Hawaii’s women — the sometimes difficult, and always complex, realities that we all face each day.
He also reflected on the harm done to women and their families when they are denied medically safe abortion. He allowed that bill to become law, in his words, for “the best interest of all the people of Hawaii.”
Since then, Hawaii has made remarkable strides. Our state laws include health insurance parity in coverage of prescription contraceptives, access to emergency contraception (EC) at pharmacies, protections for minors seeking reproductive health care and treatment, improved sexual health education and a Freedom of Choice Act, which codifies the holdings of Roe into Hawaii state law.
Still, the past two years saw more attacks on reproductive rights since Roe was decided. We saw attempts to place greater restrictions on safe and legal abortion in state legislatures in all 50 states.
In 2012, our national dialogue became fraught with difficult messages about women’s health. Politicians debated women’s access to affordable contraception and threatened to eliminate federal funding for basic women’s health and family planning services. Most disturbing were comments by politicians about sexual assault — questioning the legitimacy of survivors’ reports of rape, spreading misinformation about pregnancy and rape, and diminishing the trauma of rape and pregnancy resulting from it.
Despite the heated dialogue, most Americans support access to safe and legal abortion. According to a 2012 Gallup poll, 77 percent of Americans think abortion should be legal in some or all circumstances. A Quinnipiac poll taken in February 2012 found that nearly two-thirds of American voters support Roe, with a mere 31 percent disagreeing with the historic court decision.
In addition, a post-election poll from the Pew Research Center found that 64 percent of voters younger than 30 think abortion should be legal in all or most cases. Undoubtedly, voters made it clear this year that they are opposed to policies that demean and dismiss women.
This year, the Hawaii Legislature will deal with issues of reproductive freedom. One particular issue our legislators will take up is the Compassionate Care Bill. That bill prohibits hospitals from denying sexual assault victims information about and access to EC when they seek emergency care after a rape.
Access to EC to prevent pregnancy after a sexual assault is not only compassionate, it is part of the widely accepted standard of care. The American Medical Association and the American College of Obstetrics and Gynecology have long recognized EC as the standard of care for emergency treatment of sexual assault victims.
However, some hospitals in Hawaii do not offer victims EC, or even provide information about it, leaving victims at risk for pregnancy resulting from rape.
A 2010 survey of local hospitals found that of 16 responding hospitals, only six had a clear policy about EC in cases of sexual assault. Only four reported that they always provided it to victims. Three hospitals reported that they never provide EC to sexual assault victims.
Hawaii’s women deserve better. When a woman seeks care in one of Hawaii’s hospitals, she should be given the information she needs to make decisions about her health, and should rely on the fact that her right to make those decisions will not be compromised by politics or the beliefs of someone who does not walk in her shoes.
Forty years after Roe v. Wade, Hawaii has more to do when it comes to protecting reproductive rights. This session, we encourage our legislators to carry on Gov. Burns’ example of acting in “the best interest of all the people of Hawaii.” Pass the Compassionate Care Bill and help ensure that victims of sexual assault have access to basic and compassionate care, no matter which emergency room they arrive in.
