For Texas women, the past is prologue to the future

Texas women are now tethered by virtue of their gender to follow a law governing abortion passed by the Texas legislature roughly 170 years ago, which is not just as bad as it sounds, but worse.

“Tethered” is a good word in this instance. Rarely in our legal system these days do we make something illegal that only applies to one gender.

Is there ANY other such law? Is there ONE law that is aimed solely at men? Who writes these laws, anyway? Oh, yeah.

As it turns out, studying history becomes more depressing when we seem destined to live through it again. Perhaps this is why Republicans have attacked teaching the accurate history of slavery and racism in the United States. The truth can so darn depressing.

Depressing, yes, but still necessary if we are to understand all the implications.

In the middle of the 19th Century the law (the one that women are now bound by) banned abortion for any reason, punishable by up to three years in prison.

Thing is, in those days authorities lacked the means, knowledge or, really, desire to prosecute illegal abortions. No accurate records exist on just how many prosecutions and convictions were made under that law, but my pure guess is that they were few.

That wasn’t because abortion didn’t happen.

If a woman needed or wanted an abortion at that time, she generally took an abortifacient that caused a stillborn birth. It should be noted that said abortifacients were generally folk medicines made of various poisonous plants that could also be fatal to the pregnant mother.

In 1857, doctors were rarely involved in the process. There were few formally trained doctors in Texas at the time and no medical schools. Women were on their own.

Odd, isn’t it, that that seems to be sort of where they are in Texas today? The past is prologue to the future.

The danger to women didn’t stop abortifacients from being used. Those old “remedies” may make a comeback if the current governance continues unabated.

It took decades but medical science began to catch up with the law and gradually gave authorities some of the tools they needed to detect when illegal abortions were occurring and the state became more interested in pursuing violations of the law.

The state’s increased abilities did not do much to stop abortions, but it certainly did lead women to pursue other ways to get them. There was a trip to Mexico — a short trip for Texans — and there were doctors and nurses in the United States who were willing to make a buck by breaking the law.

Then came the Supreme Court’s decision in Roe vs. Wade and for 50 years women had the right to control their own bodies and the illegal ways mostly disappeared.

Now we’ve returned to 1857. It was such a short trip, though not very refreshing for the womenfolk.

One thing has changed, however, and it is a big One. Fifty years ago, the investigative techniques were not nearly as substantial as they are today. Now doctors can use science to determine all sorts of facts to prove pregnancies. Plus, a new state law allows neighbors — anyone, really — to report their suspicions and perhaps get rewarded with at least $10,000.

Abortion access has come to a full stop in Texas, no matter what the reason might be, including rape and incest. Women are fleeing to other states to get services. New Mexico is the closest option.

To fight that, Texas anti-abortion activists are going to New Mexico to try to get communities to become “sanctuary” cities to not allow abortions. This is their right but if they are successful in getting New Mexico’s right to abortion overturned it will only make the plight of women here even more grim.

This is what anti-abortion activists want but it will not prevent abortions, it will only make them more difficult for the women who want them. This is what passes for a “victory” in the anti-abortion movement: Put pressure on women so that they will stop trying to get an abortion.

This won’t work. It has not worked to this point, just as the tactic of pregnancy “crisis” centers have mostly not been successful. Some of these outfits are little more than anti-abortion activists shaming women thinking of abortion.

What might stop some (but certainly not all) abortions? Perhaps a year’s worth of maternity leave, like Canada.  Perhaps free or severely reduced child-care costs. Perhaps better health-care plans for children of poor families. Those are just three examples of things Republicans have vigorously opposed at every suggestion.

The “Party of Life,” is really just the “Party of Birth.” Then you are on your own. Many of us can accomplish this, not easily, but we’re able to make it.

Not everyone is able to do that and what will happen to them in Texas today isn’t that much different than what happened in 1857 when landed men wrote every law and didn’t give much of a hoot about anyone else.

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