You’ve heard by now: the U.S Supreme Court has overturned the 1973 Roe v Wade decision, which found that women had a constitutional right to choose an abortion. The original landmark ruling has protected a woman’s right to choose in the U.S for 50 years – with the decision now overturned, there is no longer a federal legal precedent protecting this right and it’s up to the (conservative) states to legislate (ban) as they see fit.
A lot has already been said about what this means for people in Australia, and our access to abortions. While the U.S. decision will not have a direct, immediate effect on abortion access here – our political, legislative and health care landscapes are so different – there is a broader narrative that is having an impact in our country. We hope this piece brings some clarity to the risks that Australians should be wary of, and how to help both at home and abroad.
What Happens Now in the US?
There are lots of in-depth explainers about exactly what the Supreme Court decision means, but a very short summary for clarity here:
- This happened because Mississippi wanted to introduce a law banning abortion after 15 weeks
- The Supreme Court upheld the Mississippi law – in doing so they found Roe v Wade to be unconstitutional and therefore overturned the decision
- This does not make abortion illegal, but returns the legislative power over abortion back to the state level
According to this very helpful map on Politico, abortion is: already illegal in South Dakota, Louisiana and Kentucky; soon to be made illegal in eight states; might become illegal in another three states; legal pending court decisions in six states; and will remain completely legal in 29 states.
Some places also preparing to expand abortion access and support, to become ‘safe havens’ for those travelling from a banned state. The safe haven states so far include: California, Washington, Oregon, Massachusetts and Minnesota.
As if this all wasn’t bad enough, in the ruling Supreme Court indicated it will also look to overturn other important decisions:
- Griswold v Connecticut (1965): protects the right of married couples to use contraception without government restriction.
Lawrence v. Texas (2003): protects the right to privacy of sexual decisions between consenting adults, specifically anal and oral sex. It ruled that criminal punishment of gay sex is unconstitional. - Obergefell v. Hodges (2015): protects the fundamental right to marry is for same-sex couples, requiring that states must recognising same-sex marriages.
Overturning any one of these decisions will have the same effect as overturning Roe: it allows the states to make their own laws on these issues; conservative states are likely to ban or restrict them, while progressive states will protect them.
What is Australia’s Abortion Access Status?
This truly terrifying decision in the U.S. understandably has people in Australia worried. First, some reassurance: abortion access cannot be restricted or banned the way the U.S has done, as our political systems are very different.
While Australia is by no means perfect, here abortion has slowly become less restricted by law. Our laws are already set by each state. The ABC has a good detailed summary of each, here’s the snapshot:
- VIC: Patient free to decide up to 24 weeks; after this time it must be approved by two medical practitioners
- NSW: Patients free to decide up to 22 weeks; after this time it must be approved by two specialist medical practitioners
- SA: Patients free to decide up to 22 weeks and six days, so long as information about counselling has been provided by a doctor; after this time, it must be approved by two medical practitioners and only in the case of death or serious physical or mental health risk to patient or child. These laws come into effect on 7 July 2022.
- WA: Patients free to decide up to 20 weeks but must first receive counselling from a doctor; after this time, is decided by a panel of six doctors and can be given if at least two believe there is risk of severe medical conditions. Doctors can refuse to provide abortion services without providing a referral, and abortion is still technically listed on the Criminal Code, but is also exempt from it. Confusing.
- QLD: Patients free to decide up to 22 weeks; after this time it must be approved by two medical practitioners.
- NT: Must be approved by one medical practitioner up to 24 weeks; after this it must be approved by two medical practitioners.
- ACT: Patients free to decide up to 16 weeks; after this time it cannot be approved in the Territory at all and they must travel interstate.
- TAS: Patients free to decide up to 16 weeks’ gestation; after this time it must be approved by one OB-GYN specialist and one other medical practitioner.
But just because abortions are not illegal in Australia, it does not mean they are as accessible as they should be! It would be much less confusing if there was alignment across all states about the gestational limits (i.e.: at how many weeks an abortion can be performed). There are also costs – even with Medicare, most people will still have to pay somewhere between $100 to $500 for an abortion, and it can cost thousands for those without Medicare. That’s a big unexpected cost for people on low income or unemployed.
For surgical abortions, there is a very limited number of trained doctors across the country (only an estimated 9% of GPs). In regional and rural areas, where the medical system is already extremely limited, it is very difficult to get an abortion – despite being perfectly legal.
Large crowd gathered outside Perth’s US Consulate in protest against #RoeVsWade decision @9NewsPerth pic.twitter.com/XAjwnKfMi0
— Louise Rennie (@lourennie9) June 27, 2022
Is Australia At Risk of Something Similar Happening?
Yes… but not in the way you might think. Let me explain.
What’s genuinely scary about these events in the U.S. is that the legal decisions are completely out of step with the political will of the public. While it might seem like abortion is a ‘contentious’ issue in the States, the truth is 60% of Americans are pro-choice – and that stat has been consistent since the 90s. In a separate survey, two-thirds said they did not want Roe v Wade to be overturned.
So how did this happen? A much smaller, extremely conservative Christian group has been able to ‘capture’ the Republican party on this issue. Because the US does not have compulsory voting, and has an antagonistic two-party system, the Republican party has decided that a small group of very vocal voters is worth more (and will be easier to get) than motivating the ‘average’ voter.
The same thing happens with gun control. Even though there is significant public support for a variety of gun control legislation (even among Republican voters!) Republican politicians are expected to vote against the Gun Control Bill. Why? The targeted, relentless lobbying, donations and spending from the National Rifle Association (NRA). Only 1.5% of Americans are NRA members, and yet the organisation has massive political influence – the very definition of a small, vocal interest group.
What does that have to do with Australia? There will always be groups trying to have outsized influence on our politicians and parties. While our system is protected by compulsory voting and the presence of minority parties and independents, our government is still susceptible to manipulation and capture by small, noisy and well-resourced groups.
The best example is the fossil fuels lobby. Despite decarbonisation and climate action being supported by the majority of voters in every Australian electorate, mining billionaires have used their wealth to prevent any serious climate policies being implemented. (Google “state capture”). Mining magnates are perhaps the smallest voting group – but they’re the richest, so they have been able to convince politicians to ignore what the rest of us want.
All kinds of interest groups will be looking at the strategies employed by the pro-life lobbyists in the U.S. to see how to split government action from public support in other democratic countries, including Australia. The use of trans folks as an attempted (and failed) wedge in the 2022 election is another example.
That’s the bigger picture we need to stay alert, engaged and wary of – not only on abortion, but so many issues. We need to make sure our government listens to us, and the political system remains representative of what we want and need.
That’s a lot. What do we do?
If that seems scary, overwhelming and exhausting – I’m sorry, but it’s the truth. The good news is in Australia, with the benefit of a more representative style of democracy, there are two very impactful things we can do:
- Consistently tell your local, state and federal representatives how you expect them to vote and act. Call or write to them often to tell them what you think, what you’d like to see from them. If you move, reach out to your new MP. This isn’t a one-and-done job, so set a regular reminder on your calendar. This article has some advice on what to say and how to communicate with them most effectively.
It’s exactly the same strategy that lobby and interest groups use. While they might have money on their side, you do not need a single dollar to communicate with your MP. - Get involved with existing grassroots, community and activist groups that are advocating for the issues you care about. Bring friends with you!
The key here is to join the existing groups that already have leaders, experience, contacts and networks. On every issue we guarantee there is someone in Australia who is already pushing for progress, and has been doing so for a long time. Volunteer to add your expertise to their efforts, rather than starting something new on your own. Building communities and working towards change in connected groups is much more powerful than anything that we can do solo.
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