Sara Stoesz describes the latest ruling by the Eighth Circuit Court as an additional obstacle to access to legal abortion care ("In South Dakota, a blow to abortion rights," July 2).
With the strictest laws in the nation, South Dakota has been a bellwether state for the erosion of reproductive rights. Now the court's approval of a law requiring what doctors must tell their patients gives other states hell-bent on limiting abortion another way to drive a chink into Roe v. Wade. But if you think the threat to choice is coming from the state legislatures, court rulings or who's appointed to the Supreme Court, you're missing the real battle -- which may already be lost.
First, some history.
In 1967, my home state of Colorado became the first to reform its abortion law, permitting abortions if the pregnant woman's life or physical or mental health were endangered, if the fetus would be born with a severe physical or mental defect, or if the pregnancy had resulted from rape or incest. This same year, my high school girl friend -- her family rigidly fundamentalist, mine Catholic -- thought she was pregnant. Although it proved not to be the case, I still remember how isolated, powerless and bereft of options we felt, living in the place with the greatest reproductive choice in the country.
Other states began reforming or repealing antiabortion laws, most along the lines of Colorado's. In 1970, two years before the Roe v. Wade ruling, Alaska, Hawaii, New York and Washington made abortion legal. All but New York imposed a 30-day residency requirement for women seeking an abortion.
But if you were pregnant in say, a small Colorado town, without money or connections, and wanted a legal abortion, you might as well have lived on the moon.
According to an analysis by The Alan Guttmacher Institute, just over 100,000 women did leave their own state to obtain a legal abortion in New York City in the year before the Supreme Court's decision in Roe v. Wade. The institute found an estimated 50,000 women traveled more than 500 miles to obtain a legal abortion in New York City; nearly 7,000 women traveled more than 1,000 miles, and some 250 traveled more than 2,000 miles, from places as far as Arizona, Idaho and Nevada.
The official line today is that if some states backtrack and limit abortion, it will remain legal in others. But some people who remember the old days aren't comforted. They remember how it used to be.