In a perplexing turn of events, Arkansas has passed a new law that permits husbands to legally block their wives from obtaining an abortion, even in the unfortunate instances of spousal rape. This legislation, which also restricts most second-trimester abortions, allows a husband to sue his wife’s doctor for civil damages or seek an injunction to halt the procedure altogether.
Governor Tim Reynolds (R) recently signed the “Unborn Child Protection From Dismemberment Abortion Act” into law, but it is anticipated to face legal challenges shortly. The act prohibits one of the safest methods for removing a fetus after 14 weeks of gestation known as dilation and evacuation (D&E), effectively making it a felony to perform this medical procedure.
The most alarming aspect of this legislation is that it grants husbands a say in their wives’ abortion decisions, regardless of the circumstances of conception, including spousal rape. While the law does state that a husband cannot sue the doctor for monetary damages in cases involving “criminal conduct” against his wife, it still allows him to intervene to prevent an abortion even in such grave situations, as reported by The Daily Buzz.
Moreover, the law also contains a provision that permits parents of minors to sue to stop their daughter’s abortion, meaning a 16-year-old who finds herself pregnant—be it through rape or an unplanned situation—could have her parents dictate her choices, completely disregarding her own wishes.
“We’ve tried to consider all the worst-case scenarios,” State Rep. Luke Thompson (R), a co-sponsor of the bill, stated in an interview. Sure, Luke, because nothing says empathy like crafting a law that amplifies a woman’s distress by stripping her of her rights.
Holly Johnson, a legal director for the ACLU of Arkansas, expressed grave concerns about the constitutionality of this bill. “They have created a new right—the right for a husband or family member to sue a doctor on behalf of an adult patient.”
While this newly minted right may seem like a substantial overreach, it’s unlikely to remain on the books for long. The ACLU of Arkansas is gearing up to challenge the abortion ban in court before it takes effect. It’s worth noting that the Supreme Court’s decision in 1973 regarding Roe v. Wade upholds a woman’s right to seek an abortion up until about 22 weeks of pregnancy—the point at which a fetus is typically viable outside the womb.
Why do we believe this law will face a swift downfall? Just look at Louisiana, Alabama, Mississippi, and West Virginia, where similar laws were passed only to be struck down by the courts. It’s high time for politicians to stop trying to dictate our bodies. How much taxpayer money will be wasted on this never-ending battle?
For more on the subject, check out one of our other blog posts here, which discusses related issues in greater depth. Additionally, for those navigating fertility concerns, this resource offers valuable insights into enhancing male fertility. You can also find excellent resources about pregnancy at NICHD.
In summary, the new Arkansas law allowing husbands to interfere in their wives’ abortion decisions is an alarming development, particularly given its implications for cases of spousal rape. While it may be poised for legal challenges, it underscores a troubling trend in which women’s autonomy is called into question.