This project and blog post were created by University of Vermont Public Health master’s degree candidate Chike Asanya.
In a national climate gripped by debates over reproductive health, Vermont has stood against threats to its access. With a history of advocating for women’s health and autonomy, the state has implemented a series of measures to safeguard reproductive rights and ensure access to comprehensive healthcare for all its residents. Throughout time, Vermont has demonstrated a commitment to upholding reproductive justice.
In 1972, Vermont was one of the first states to legalize abortion before the landmark Roe v. Wade decision in 1973, underscoring its commitment to women’s autonomy over their bodies.1 In addition to safeguarding abortion rights, Vermont has taken proactive steps to ensure access to reproductive healthcare services.
Recently, this was the case in 2022 when voters passed the Article 22 amendment to the Vermont Constitution. This amendment enshrined bodily autonomy and access to reproductive health care as a constitutional right for all people in Vermont. It states, “That an individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course and shall not be denied or infringed unless justified by a compelling State interest achieved by the least restrictive means.”2
However, the same protections are not always found elsewhere in the country. The topics of abortion and reproductive health remain in limbo regarding access, legislative rulings, and public discourse. Consider the Comstock Law, an 1873 statute that deemed contraceptives as obscene and illicit, ultimately making the distribution of birth control through the mail a federal crime.3
Mifepristone, an abortion medication available since September 2000, came under scrutiny in a lawsuit against the Food and Drug Administration (FDA) by a group called the Alliance for Hippocratic Medicine. The group initially argued that the FDA should not have approved the drug in 2000 regarding it as unsafe. Now, they claim that its access should not have been expanded in 2016 and 2021.4 The FDA and drug manufacturer Danco have refuted these claims, assuring the efficacy and safety of the drug.5
The Supreme Court heard arguments in Alliance for Hippocratic Medicine v. FDA on March 26, 2024, with a decision expected to come later this summer. The Supreme Court ruling in favor of restricting access, or an outright ban of Mifepristone, would undermine the FDA’s authority on drug research through political, ideological, or religious bias. It would also set a dangerous precedent that will impact not only those seeking abortions, but those experiencing miscarriages and other complications related to childbirth.6
In April 2024, the Arizona Supreme Court threw its hat into the ring by giving the greenlight to a once-dormant law from 1864 which would ban abortions and allow prosecution to, “A person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life.”7
As we reflect on Vermont’s progressive stance on reproductive rights and its ongoing commitment to safeguarding autonomy and access to healthcare, it becomes evident that the landscape of reproductive health in the United States is filled with challenges and disparities. While Vermont is an example of reproductive justice, many states continue to grapple with restrictive laws and contentious debates surrounding abortion and contraception. The upcoming Supreme Court decision on Mifepristone and the recent actions taken by the Arizona Supreme Court underscore the precarious nature of reproductive rights in America. As we await these pivotal rulings, it is crucial to recognize the broader implications they hold for individuals’ bodily autonomy and healthcare access nationwide.
In the face of uncertainty, one thing remains clear: the fight for reproductive justice is far from over. Regardless of the outcomes of these legal battles, it is imperative for advocates and allies to continue pushing for policies that prioritize individuals’ rights to make decisions about their own bodies and lives. By amplifying voices, supporting grassroots movements, and engaging in informed discourse, we can strive towards a future where reproductive rights are not only protected but celebrated as fundamental human rights. As we navigate the complexities of the present moment, let us remain steadfast in our commitment to ensuring reproductive autonomy for all.
References
1. See VT. STAT. ANN. tit. 13, §§ 101-104, invalidated by Beecham v. Leahy, 130 Vt. 164, 170, 287 A.2d 836, 840 (Vt. 1972), repealed by 2013, No. 98, § 1, eff. Mar. 24, 2014.
2. Constitution of the State of Vermont | Vermont General Assembly | Vermont Legislature. Vermont.gov. Published 2019. https://legislature.vermont.gov/statutes/constitution-of-the-state-of-vermont/
3. Kanu HA. The Truth About the Comstock Act. The American Prospect. Published April 9, 2024. Accessed April 14, 2024. https://prospect.org/justice/2024-04-09-truth-comstock-act-mifepristone-abortion/
4. VanSickle A, Belluck P. The Abortion Pill Ruling: What’s Happened, What’s at Stake, What’s Next. The New York Times. https://www.nytimes.com/article/supreme-court-abortion-pill-ruling.html. Published May 17, 2023.
5. Totenberg N, Gersh A. Supreme Court to hear abortion pill case. NPR. Published December 13, 2023. https://www.npr.org/2023/12/13/1218332935/mifepristone-abortion-pill-supreme-court
6. Simmons-Duffin S. What’s at stake in the Supreme Court mifepristone case. NPR. Published March 25, 2024. https://www.npr.org/sections/health-shots/2024/03/25/1240282129/mifepristone-supreme-court-fda-medication-abortion-explainer
7. Billeaud J, Lee M. What to know about the Arizona Supreme Court’s reinstatement of an 1864 near-total abortion ban. AP News. Published April 10, 2024. https://apnews.com/article/arizona-abortion-ban-what-to-know-797a4bbbc738497fe2284d6870c5be24
Photo credit: Mart Hrkac_Flickr_Attribution 2.0 Generic CC
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