TRANSLASH’S TRANS-AFFIRMING GUIDE TO ROE V. WADE

BY DANIELA “DANI” CAPISTRANO FOR TRANSLASH MEDIA

The Supreme Court overturned the federal right to an abortion on June 24, 2022, effectively blocking abortion access in roughly half the states where there are laws–already on the books or proposed—to end the practice. This move sets back a half century of progress for reproductive justice, body autonomy, and possibly puts even the right to privacy in jeopardy.

Because these issues are at the very heart of the transgender community, Team TransLash will continue to update this guide with the latest news and resources.

On May 2, 2022, POLITICO leaked a draft opinion written by Supreme Court Justice Samuel Alito. In it, Alito argues for an end to Roe v. Wade and its privacy protections. Many conservative states prepared years in advance for such an opinion and have “trigger laws” that will ban abortion within their states the moment Roe v. Wade is overturned.

Because the Supreme Court decided to overturn the decades-long ruling this week, abortion rights will be left up to states, many of which have already passed laws to ban abortion immediately.

A 2021 study of transgender, nonbinary, and gender-expansive people in the United States shows that out of 1694 respondents who were <30 years of age, 210 respondents (12%) had been pregnant. These 210 reported 433 total pregnancies, of which 92 (21%) ended in abortion. Of the 1694 participants, 76 people (36% of those ever pregnant) reported considering trying to end a pregnancy on their own without clinical supervision, and a subset of these (19% of those ever pregnant) reported attempting to do so.

“We have to recognize that this decision will impact trans folks,” Alexis Rangel, policy counselor at the National Center for Transgender Equality (NCTE) said. “Particularly trans men and nonbinary folks who need access to reproductive healthcare and abortion specifically.” The Food and Drug Administration changed its regulations in December 2021 to allow abortion pills to be sent by mail, but at least 19 states have bans on getting the pills delivered by mail or via telehealth, passing laws requiring a medical clinician to be physically present when abortion pills are administered to a patient: Republicans in South Dakota, Texas, Kentucky, Arkansas, Ohio, Tennessee and Oklahoma have moved to further restrict access to abortion pills in recent months.

The implications of a negative Roe V. Wade decision on trans men and those who are nonbinary are devastating: as explained by OutCare, a culture advocating forced birth is difficult. What will happen when trans and nonbinary people lose access to birth control or elective hysterectomies? Will people lose access to hormone therapy? Will they be excluded from discussions about reproductive health, and how will the loss of Roe impact them?

Many trans men and nonbinary people say they feel left out of the abortion conversation. Team TransLash created this trans-affirming guide to Roe v. Wade to help you make sense of what is happening and what you can do to access resources and fight back. WHAT IS ROE V. WADE?

Roe v. Wade is the name of the lawsuit that led to the landmark 1973 U.S. Supreme Court decision establishing a constitutional right to abortion in the United States. The majority opinion found an absolute right to abortion during the first trimester of pregnancy. Jane Roe was a pseudonym for Norma McCorvey, who was 22, unmarried, unemployed and pregnant for the third time in 1969 when she sought to have an abortion in Texas. By the time the U.S. Supreme Court ruled in her favor, McCorvey had given birth to a girl whom she placed for adoption.

Henry Wade was the district attorney of Dallas County, Texas. It was his job to enforce a state law prohibiting abortion except to save a woman’s life, so he was the person McCorvey sued when she sought the abortion.

Roe v. Wade has been the focus of anti-abortion groups since the opinion came down in 1973, but the history of the movement started more than a century before Roe, with roots in British common law

At the time of Roe, abortion was broadly legal in just four states and allowed under limited circumstances in 16 others. Constitutional rights trump state laws, so the court’s decision nullified the bans in the remaining 30 states. WHY IS ROE V. WADE IMPORTANT TO TRANSGENDER PEOPLE?

Now is the time for the larger progressive movement to connect the struggles for LGBTQIA people and reproductive rights more deeply, especially for those who are tran, gender nonconforming, and non-binary. As Imara Jones wrote for LGBTQ Nation, trans people get

pregnant. Trans people need abortions. Trans people deserve access to culturally competent medical care. Trans people must have the freedom to live—something that is currently under unprecedented direct attack through hundreds of pieces of legislation across the country. Despite all of this, trans people have been marginalized in the mainstream fight over body autonomy. That must end.

The right wing mainstays of the antiabortion movement, including The Heritage Foundation, the Family Research Council, Focus on the Family, the Alliance Defending Freedom, and the Liberty Council are at the forefront of the anti-trans movement, especially the ability for trans people–including children–to have equal access to health care.

Learn more via our podcast limited series, The Ant-Trans Hate Machine: translash.org/ antitranshatemachine

Many trans rights advocates say that because the transgender community can often only get safe and inclusive care at clinics that provide abortions, restricting them impacts overall health care. This is why many leaders of diverse backgrounds are looking at the intersection of reproductive rights and genderaffirming healthcare. Now—more than ever—is the time for people of all genders to fight to protect abortion rights for all.

SOME ABORTION RESOURCES FOR TGNC PEOPLE

Under 18 and need an abortion + free legal representation for judicial bypass? Call or text Jane’s Due Process: 1-866-999-5263

The National Network of Abortion Funds connects abortion seekers with grassroots organizations that can support financial and logistical needs here: abortionfunds.org/ need-abortion Here are tips on how to choose a good abortion provider and questions to ask a clinic: abortionfunds.org/how-do-i-find-the-clinicthats-right-for-me

The Brigid Alliance arranges and funds travel, along with related needs, to support individuals across the country who are forced to travel for later abortion care: brigidalliance.org

SCAN THIS QR CODE TO ACCESS A LIST OF PHYSICIANS IN THE UNITED STATES WHO ARE WILLING TO PERFORM A TUBAL LIGATION ON ANY PATIENT, 18-21+, NO MATTER THEIR MARITAL STATUS OR NUMBER OF CHILDREN.

Access all of our #TransBodiesTransChoices content: translash.org/transbodiestranschoices

AUTHOR BIO Daniela “Dani” Capistrano (they/ them) is the founder & CEO of DCAP MEDIA LLC, an NGLCC Certified LGBTBE® Enterprise that leads digital & content strategy, audience development, brand consulting, and strategic partnerships for TransLash Media and other BIPOC and LGBTQIA-led nonprofits, B2Bs, and B2Cs. Dani is proud to be a latinx, queer, trans non-binary storyteller, entrepreneur, and coparent. Learn more about their latest initiative: Non-Binary Entrepreneurship with Daniela Capistrano, a podcast series that applies a nonbinary lens to startup ecosystems, unpacking the ways that transgender and cisgender founders innovate and collaborate. Learn more: nonbinaryentrepreneur.com