Everyone surely knows of a proposed amendment to the Louisiana Constitution, which has somehow become contentious. This bill is in the classic pro-life/pro-choice battlefield, and has enjoyed the classic arguments surrounding the issue. Like always, we should take a step back, try to understand what’s really happening with this bill, and make sound, reasonable judgements.
Amendment 1 is proposing adding text to the Louisiana Constitution which will prohibit a judge from finding a hidden or unspecified right to abortion or to require funding for abortions from the state. There are currently 10 states which have constitutional literature protecting the right to abortion, and three states who have amended their own constitutions in similar ways that Louisiana is attempting to do. There is precedent on both sides of the argument.
What will this amendment do? Generally speaking, nothing. These amendments (for states on both sides of the argument) are all based on the premise of Roe v. Wade being overturned. As of now, of course, that Supreme Court decision is the standard for the land, and while many would like to see it overturned, there seems to be nothing to indicate that would happen soon. So abortion interests are still protected, even in the three states (and potentially, Louisiana) who have amended their constitutions to not secure rights for abortion.
How would this play out in real life? If this proposed amendment passes, then the interpreting powers of judges would be removed. A judge would not be able to say that there is a right to abortion or a right to using state funds for abortions. This would not ban abortions outright in the state. According to Katrina Jackson (D), a supporter of the amendment,
“It’s important to understand that Amendment 1 is not a ban on abortion. It simply keeps abortion policy in the hands of our legislators rather than state judges.”
Simple enough, right? The power to alter policy regarding abortion would rely with our elected representatives. That’s the way it should be.
Fear mongering has been an interesting part of the debates surrounding this amendment. There is a widely circulated article (cited below) where the author claims that there would be “no exceptions” to an abortion ban because of this bill. While her intentions may be good, her conclusion is quite wrong. She makes an argument as if this amendment, if passed, would take effect immediately and powerfully, which it will not. Whether or not she means to, she is relying on the fear of horrible, horrible situations. She is attempting to warn that rape victims may not be able to get an abortion if they become pregnant. Now, I do not know her family background or the circumstances surrounding her conception and birth. But I’m sure the child conceived from a rape who was allowed to live would not like her saying that their life does not matter as much. Surely, that person would not enjoy hearing the opinion that their life should be optional, according to the law of the land.
I recently discussed this amendment with a woman very dear to me. She was concerned, because she is very much on the pro-life side, but was concerned about what it meant for women’s rights regarding abortion when it is absolutely necessary. The mother’s life being at risk if the pregnancy is allowed to fully continue, for instance. It was that discussion which made me look more into the proposed amendment, instead of voting simply on my past convictions.
So here it is: everyone should vote yes for Amendment 1. This amendment carries no power unless Roe v. Wade were overturned. This amendment does not ban abortions outright and without exception. This amendment does not throw the interests of women aside for the sake of an unborn child. This amendment simply adds text to our Constitution prohibiting a judge from finding a right to protect and/or publicly fund abortion in Louisiana. This amendment would leave Louisiana abortion’s policy up to our elected legislators. The people of Louisiana can vote yes on Amendment 1 in good conscience.
Sources:
https://ballotpedia.org/Louisiana_Amendment_1,_No_Right_to_Abortion_in_Constitution_Amendment_(2020)
https://www.guttmacher.org/state-policy/explore/abortion-policy-absence-roe#
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