Janice R. Andrews
Republican lawmakers across at least 11 conservative states are mounting renewed efforts to classify abortion as murder, potentially subjecting pregnant individuals to criminal prosecution that could include life imprisonment or the death penalty. This campaign continues despite opposition from mainstream anti-abortion organizations and reflects the growing influence of the far-right abortion abolition movement.
New Bills Target Abortion Patients
Legislators in South Carolina, Idaho, Kentucky, Missouri, Georgia, Indiana, and North Dakota have introduced bills redefining “personhood” to include “preborn” children. These measures would apply homicide laws directly to abortion, criminalizing those who seek the procedure—a step beyond even the strictest current state abortion bans.
Although similar proposals have failed previously, at least six bills remain active in state legislatures, alarming reproductive rights advocates. The legislation would also limit individuals’ ability to seek abortion medication, travel for abortion care, or discuss options with others, creating what critics call a “chilling effect” on reproductive healthcare access.
Divide Among Anti-Abortion Groups
Notably, established anti-abortion organizations like Susan B. Anthony Pro-Life America have distanced themselves from these measures, stating that criminalizing women contradicts their mission to “protect the unborn.” Meanwhile, groups such as Abolitionists Rising and the Foundation to Abolish Abortion are spearheading the campaign to classify abortion as murder under state laws.
Kimya Forouzan of the Guttmacher Institute warns that even if these bills fail, their introduction normalizes the concept of criminalizing pregnant people, potentially paving the way for more restrictive future policies.
Fetal Personhood and Legal Implications
Advocates express particular concern about these bills’ efforts to establish fetal personhood in state law. Extending legal protections to embryos and fetuses could impact not only abortion regulations but also healthcare, taxation, and inheritance policies. Some experts caution that granting fetuses full legal rights might further diminish the rights of pregnant individuals.
Madeline Gomez from Planned Parenthood Federation of America notes that while abortion restrictions aren’t new, this wave of legislation represents an escalation by explicitly seeking to prosecute pregnant individuals under homicide laws.
Political Landscape
Some states, including Oklahoma and North Dakota, have already defeated versions of these bills through bipartisan opposition. However, others remain under consideration, particularly in South Carolina, Texas, Missouri, and Georgia. This ongoing legal conflict highlights the deepening national divide over abortion rights, as conservative legislatures push for tighter restrictions despite widespread public support for reproductive freedom.
Reproductive rights organizations emphasize that public opposition and legal challenges could block these bills from becoming law. “It’s possible to fight back,” says Ashley C. Sawyer of Pregnancy Justice, pointing to successful ballot measures and grassroots activism that have protected abortion rights in several states.
As the 2024 election approaches, abortion policy continues to be a critical political issue, with the fate of these extreme measures likely dependent on voter turnout and advocacy efforts in the coming months.
