Young people face all the same barriers that adults face in accessing abortion care, but in states like Texas, youth also face a parental consent law. Rosann Mariappuram, Executive Director of Jane’s Due Process, sits down to talk with us about this extra barrier to care, and what it looks like after the passage of the six-week abortion ban, SB8.
While also having to navigate the labyrinth of general, state-based abortion restrictions (such as mandatory ultrasounds, 24-hour waiting periods, a lack of abortion clinics in the state, and taking time off work and school), those under 18 in Texas must also receive parental or guardian consent when accessing abortion care. For many young people this can be an especially difficult challenge. If consent cannot be obtained, young people must go through a judicial bypass, or speaking with a judge to obtain a court order to receive an abortion.
Judicial bypass processes often involve extremely invasive questions meant to gauge young people’s “intelligence or emotional stability.” Judges ask questions about the pregnancy, family life, grades, and other personal concerns. Texas’s passage of the six-week abortion ban, SB8, has complicated the judicial bypass process. The process, which already required two to three weeks of careful legal counseling, is forcing Jane’s Due Process staff to work under a tighter schedule. Still, this legislation has left many teens unattended in their need for abortion care; in fact, during the first month of SB8’s passage, abortion care in the state dropped by 50%, and 70-90% for young people.
Sex education is not required in the state of Texas, but if sex education is taught, the current curriculum does not necessitate the sharing of information on contraception and abortion, nor does the curriculum require LGBTQ+ inclusivity. Texas also has some of the worst maternal mortality rates in the U.S., especially for Black women. New research has shown that, while Black women make up only 11% of Texas births, they make up 30% of maternal deaths.
With no inclusive and supportive sex education and an extremely troubling maternal mortality status, Texas does not prove a hospitable state for exercising one’s reproductive health. Abortion is incredibly difficult to access, especially after the passage of the six-week ban. Many patients are being forced to travel outside of the state and spend considerable amounts of money on transportation methods and overnight accommodations, while abortion funds and clinics are continuing to face increasing barriers to providing care, emotional and mental stress, and legal repercussions.
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