Nearly 50 years after the Supreme Court decided Roe v. Wade on January 22, 1973, the court eviscerated it. Though Roe allowed certain restrictions on abortion care, it revolutionized women’s lives by recognizing abortion as a fundamental right and giving women control over their reproductive destiny. In the less than two years since the ruling that overturned Roe, nearly half the states in America – home to over 25 million women – have criminalized abortion and put women in harm’s way.
Abortion is legal in New York, but our post-Roe reality is a reminder that politicians can change laws with the stroke of a pen. Twenty-one states now ban or restrict abortion. We can never allow New York to join that list.
With Roe overturned, New York has a duty to protect abortion access. New Yorkers can enshrine abortion access into our state constitution at the ballot box, and our legislators must create laws to keep women and others seeking care safe, while expanding access to reproductive care. Together, these actions will help make New York a beacon for abortion access and provide a blueprint for the nation for what true abortion access and protections look like.
In November, New Yorkers will have the opportunity to go to the polls and approve the New York Equal Rights Amendment, which would put the right to abortion and gender equality into New York’s constitution. Even if an anti-abortion majority were to take hold in Albany, the ERA will ensure they can’t easily take away our rights. My organization, the New York Civil Liberties Union, is part of the New Yorkers for Equal Rights coalition, which is urging New Yorkers to support this critical amendment.
State lawmakers must act as well. In states where abortions are banned, state officials go to great lengths to try to track down people who have traveled to states like New York to receive abortion care. There are three critical ways legislators can help prevent this from happening here, while also expanding access.
First, even in New York, many people can’t get an abortion because they can’t afford to pay for it. The Reproductive Freedom and Equity Fund would create a state program to invest in providers and abortion funds to make sure every New Yorker can get the reproductive health care they need.
Second, it is impossible to have an abortion without leaving a digital trail, like search histories, email exchanges and smartwatch or period-tracker app data. In fact, this data has already been used to prosecute people for helping others access abortion care. The New York Health Information Privacy Act will give New Yorkers control over their electronic health data and help prevent it from getting into the wrong hands.
Finally, legislators should make sure our health records are not used against us. Medical providers generally have access to our entire medical history. This can put patients in danger if they have an abortion in New York and then travel or move to another state where abortion is illegal. Electronic health records privacy legislation would prevent patients from having their abortion information shared against their will.
As we mark Roe’s anniversary this month, let’s seize the opportunity for New York to build even stronger protections by strengthening and expanding reproductive rights, access and protections.
This piece was originally published in Times Union.
