About eight years ago, I went through a missed miscarriage, sometimes called a missed abortion. After numerous ultrasounds (each revealing a faltering fetal heartbeat) and agonizing weeks of waiting for a glimmer of hope (which ultimately disappeared), my doctor suggested I undergo a D&C (dilation and curettage) to clear the pregnancy.
That fateful Thursday is burned into my memory. When life takes an unexpected turn and you feel like the ground has vanished beneath you, the details become indelible—like the day I made the choice to have my uterus emptied so I wouldn’t bleed out on my bathroom floor.
When I scheduled the procedure for the following Monday, the doctor warned that there was a chance the miscarriage might not be finished by then. “If there’s a heartbeat, even if it’s weak, you’ll have to decide if you want to proceed,” she said gently. In other words, I might need to make the heart-wrenching choice of whether to terminate a pregnancy that was already lost.
Come Monday morning, there was no heartbeat. I entered the hospital wearing comfortable clothes, carrying the weight of a lost pregnancy, and by the afternoon, I left with an empty uterus. I didn’t have to make that painful decision, but had I needed to, I would have gone through with the procedure. The human heart can only endure so much anguish, and I had reached my limit. I had a 2-year-old son to care for, and the thought of prolonging the agony was unbearable. In medical terms, I would have had an abortion.
Fortunately, my doctors were kind and compassionate, and my husband was supportive throughout the ordeal. The procedure was handled with dignity, and I was treated with respect.
Sadly, not all women are afforded such empathy. This summer, just days after the U.S. Supreme Court overturned a restrictive Texas abortion law, a new regulation was proposed requiring women’s health clinics to bury or cremate any fetal tissue from abortions, miscarriages, or ectopic pregnancy surgeries—regardless of the woman’s wishes or the stage of pregnancy. The law was approved by lawmakers and set to take effect on December 19, until several Texas women’s health clinics filed a lawsuit challenging the regulations.
The plaintiffs asserted that “[t]he Regulation burdens women seeking pregnancy-related medical care. It imposes a funeral ritual on women who have a miscarriage management procedure, ectopic pregnancy surgery, or an abortion.” Furthermore, it poses a risk to women’s health by offering no safe options for handling tissue and forces clinics to work with a limited number of vendors for burial or cremation, which could threaten their operations.
On December 15, U.S. District Judge Sam Sparks granted a temporary restraining order, halting the Texas Department of State Health Services from enforcing the requirements until a hearing set for January 3 and 4, with a decision expected shortly thereafter. This initial ruling was just the first step in a long legal battle.
While Texas officials claim that the regulations aim to uphold the “dignity” of the unborn, women’s health advocates argue otherwise. “This isn’t about health and safety,” said Lisa Harper, an attorney representing the plaintiffs. “The law treats embryonic and fetal tissue differently than other human tissue, like appendices and amputated limbs, for no reason other than to ensure ‘respect’ for ‘the unborn.’”
The plaintiffs argue that these new rules contradict the Supreme Court’s stance that restrictions cannot hinder a woman’s right to access abortion care without medical justification. There’s considerable opposition to the law from medical experts, with many stating it brings no public health benefit and only serves to heighten the stigma surrounding abortion. Even the funeral industry has expressed concern over its implications.
Moreover, the law poses significant dangers. By increasing costs and complicating access to abortions, it could force some providers to shut down, leading women to seek unsafe procedures at home. “The law imposes an undue burden on women and is unconstitutional for that reason,” stated Harper.
Unfortunately, the incoming Administration may continue to challenge women’s health rights. With a commitment to appoint anti-abortion justices and defund vital services, the landscape for reproductive healthcare is looking grim.
“It’s crucial for people to speak out,” Harper emphasized. “Pressure your elected officials and ensure your voices are heard.”
In addition to financial implications, the emotional toll of such laws is devastating. Under this Texas law, my own missed miscarriage would have been subjected to these regulations. I endured my D&C and the grief that followed, largely because I was able to heal on my own terms. Had I been forced into additional rituals or judgments, the healing process might have been far more complicated.
Regardless of your stance on abortion, it’s crucial to remember that no one takes the decision to undergo such a procedure lightly. There are countless reasons why someone might choose to end a pregnancy, and those reasons are deeply personal. Those who have not experienced the pain of miscarriage or abortion may not fully understand this reality.
Being pro-life should encompass compassion for all lives, including that of the woman on the operating table. During these dark times, we need understanding and kindness, not judgment or further obstacles. Anything less is not just unconstitutional; it’s inhumane.
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Summary
Women who face miscarriages or abortions deserve compassion, not judgment. Recent legal battles in Texas highlight the need for supportive care and the dangers of regulations that impose additional burdens on women. Healing from such experiences should be a personal journey, free from scrutiny and unnecessary rituals. Advocating for women’s rights in reproductive health is essential now more than ever.