News Abortion

Kansans For Life: “We Have No Plaque On Our Wall” Saying Our Goal Is To Make The State Abortion-Free

Robin Marty

With the addition of new TRAP laws, conscience clauses and bans on allowing schools to teach how to provide abortions, Kansas has come very close to being an abortion-free state. Anti-choice advocates say that's the idea.

Kansas’s new TRAP law nearly closed every clinic in the state. Their “conscience” bill allows pharmacists to refuse both to fill prescriptions for contraceptive methods, but also to refuse to refer a customer needing a prescription to another pharmacist. And one law proposing to take “no taxpayer funding for abortion” to ridiculous extremes nearly closed the basic OB-GYN training program of the state university, and would have cost the school its medical accreditation.

Is Kansas about to become an abortion-free state? That’s the goal, according to Kansans For Life legislative director Kathy Ostrowski. Not that they are shouting it from the rooftops, however.

Via The Pitch:

Pitch: Would a pharmacist really be sued for [complications after filling a Plan B prescription]? Has that ever happened?

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Ostrowski: Who knows? Look, the irritation to us is that we’re a pro-life, anti-abortion organization. In Kansas, an abortion is a drug or procedure given to someone known to be pregnant. The line between the chemical and the surgical is blurred. Plan B is maybe not an abortion per se, but it’s part of a chemical reproductive cartel that’s bumping up against what we’re trying to do as a pro-life group.

Pitch: Is the ultimate goal of Kansans for Life for Kansas to be the first state in the union where abortion is illegal?

Orstrowski: We have no plaque on our wall that says that. We’re trying to be a consistent pathway that educates people that abortion is harmful, that it kills the next generation, and that it’s harmful to women. The Supreme Court doesn’t allow states to have discussions like that. They’ve closed down normal process on that. We feel that the Supreme Court will eventually change its mind, just like it did when it said that black people were three-fifths of a person. We’re trying to create a culture of life. We want a society where abortion is not just illegal but unthinkable.

Could the state beat out Mississippi to be the first not to provide abortions within the border? According to the Pitch, based on the legislation that will pop back up in 2013, it’s going to give it a good shot.

Analysis Abortion

Data Shows Surge in Texans Traveling Out of State to Get an Abortion

Teddy Wilson

A Rewire analysis has found that while Texas data shows there has been a decline in the number of abortions in the state, data from other neighboring states suggests there has been a dramatic increase in the number of Texans traveling out of state to access abortion care since the passage of HB 2 in 2013.

Last week, the Texas Department of State Health Services (DSHS) was accused by the American Civil Liberties Union (ACLU) of Texas of deliberately attempting to conceal abortion statistics from 2014, the first full year provisions of the state’s omnibus abortion law were in effect.

DSHS has yet to respond to a letter from the ACLU of Texas demanding that the agency make those statistics available to the public.

The news comes as the Supreme Court is set to issue a ruling on Whole Woman’s Health v. Hellerstedt, which challenges provisions of the abortion law, HB 2, which lawyers of the abortion clinics argue place an undue burden on patients and providers in the state, impeding their ability to provide or access constitutionally protected health care.

DSHS officials finalized the statistics in March, according to the ACLU in a statement, but they have yet to release the full statistics to the public.

“The details are being reviewed for accuracy,” Carrie Williams, director of media relations for DSHS, told Rewire. “We did release the provisional total several months ago but can’t release the underlying details until they are final.”

Even without those details, a Rewire analysis has found that while DSHS data shows there has been a decline in the number of abortions in the state, data from other neighboring states suggests there has been a dramatic increase in the number of Texans traveling out of state to access abortion care since the passage of HB 2 in 2013.

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The number of abortions in Texas has been steadily decreasing since 2008, according to data from DSHS: Over the six-year period, the number has declined by nearly 22 percent. There were 81,591 abortions in 2008, 77,850 in 2009, 77,592 in 2010, 72,470 in 2011, 68,298 in 2012, and 63,849 in 2013.

Around that time, the number of Texans who traveled out of state to have abortions also steadily decreased, by nearly 57 percent from 2008 to 2012. There were 225 patients who had abortions out of state in 2008, 220 in 2009, 129 in 2010, 138 in 2011, and 97 in 2012, according to DSHS.

In 2013, the year Gov. Rick Perry (R) signed HB 2 into law, the number of Texans who traveled out of state to have an abortion increased to 681more than the previous four years combined. Prior to the implementation of HB 2, there were 41 facilities providing abortion services in the state, and 16 of those facilities had either closed or stopped providing abortion services by the end of 2013.

Trisha Trigilio, staff attorney at the ACLU of Texas, told Rewire that the statistics for out-of-state abortions for Texans are concerning. “This is more evidence of what was already proven in court: Texas’ onerous regulations unnecessarily block access to safe, legal abortion in our state,” Trigilio said in an email to Rewire.

Specifically, a study from the Texas Policy Evaluation Project showed the implementation of HB 2 has increased travel distances to clinics, out-of-pocket costs, and overnight stays.

At least 400 more patients traveled outside of Texas to have an abortion in 2014 than did in 2013, according to Rewire‘s analysis. Data collected by the state health departments of Arkansas, Kansas, Oklahoma, and Louisiana shows that at least 1,086 patients traveled to those states from Texas to obtain an abortion after portions of HB 2 took effect.

“Based on this [analysis from Rewire], it’s clear that this law doesn’t make women safer, it forces them to travel across the Texas border to get the care they need—and for women who can’t afford to leave the state, Texas law may prevent them from seeing a doctor at all,” Trigilio continued.

Texas Patients Seeking Out-of-State Abortions

In the wake of HB 2, more than half of the clinics that provide abortion services in Texas have been forced to close, leaving large swaths of the state without access to legal abortion care. The majority of the clinics that have remained open are located in major metropolitan areas: Austin, Dallas/Fort Worth, Houston, and San Antonio.

As clinics that once served rural areas have closed, patients have been forced to drive hundreds of miles away from their homes to one of the state’s major cities or cross the border into neighboring states. 

Arkansas has seen a slight increase since the passage of HB 2 in the number of patients from Texas seeking abortion care.

Arkansas’ Health Statistics Branch of the state health department tracks the number of patients from out of state who have abortions. There were 21 from Texas in 2012, 25 in 2013, 41 in 2014, and 33 in 2015.

Kansas has also seen a slight increase in the number of Texas patients seeking abortion care, according to statistics published by the Kansas Department of Health and Environment. There were two patients from Texas who traveled to Kansas to obtain an abortion during 2012, 13 in 2013,  23 in 2014, and 24 in 2015.

Oklahoma saw a noticeable increase in the number of patients from Texas seeking abortion care there after the passage of HB 2, according to data from the Oklahoma State Department of Health annual abortion surveillance report.

There were 21 patients from Texas who had an abortion during 2012 in Oklahoma, 59 in 2013, 136 in 2014, and 131 in 2015.

Based on Rewire‘s analysis, it seems as if no other state has seen a larger increase in patients from Texas seeking abortion care than Louisiana.

The Louisiana Department of Health and Hospitals (DHH) publishes data on abortions performed there collected by the State Center for Health Statistics (SCHS), but has typically not published data on the number of patients who live outside the state who have an abortion in Louisiana.

Preliminary SCHS figures for 2015 provided to Louisiana Right to Life, a state affiliate of the anti-choice organization National Right to Life Committee, included data on patients from out of state who obtained abortions in Louisiana.

There were 9,311 abortions performed in Louisiana during 2015, and patients from out of state accounted for 1,362 of all abortions performed in the state, according to DHH data published by Louisiana Right to Life.

The data did not include the states of residency for the patients from out of state, which the organization noted is “not available at this time.”

However, preliminary SCHS figures for 2014 provided to the Louisiana Right to Life did include details on the states of residency for patients who had an abortion in Louisiana. There were 10,211 abortions performed in Louisiana during 2014, and patients from out of state accounted for 1,432 of all abortions performed in the state.

Out of the 1,432 abortions had by residents from out of state, 886 were from Texas.

More and more pregnant people are traveling to New Mexico to access abortion care. About 20 percent of the roughly 4,500 abortions performed there in 2014 involved out-of-state patients, according to state health department data reported by the Albuquerque Journal.

Brittany Defeo, program manager with the aid group New Mexico Religious Coalition for Reproductive Choice, previously told Rewire that the people she assists represent a wide range of ages and backgrounds. “They’re ages 18 to 40. It’s all walks of life,” Defeo said.

Defeo estimates that approximately one third of those seeking abortion services in New Mexico from out of state are from Texas. If estimates are correct, that would suggest that approximately 300 patients traveled from Texas to New Mexico to obtain abortion care in 2014. 

Natalie St. Clair, who assists patients seeking abortion care with nonprofit Fund Texas Choice, told the Texas Observer that she helps about ten clients per month travel to New Mexico to access abortion care. St. Clair explained to the Observer that clients often express shock over the barriers in Texas to accessing  abortion care.

“I hear a lot of ‘I had no idea that the laws were this way. I have to go out of state?’ There’s a lot of shame and guilt because people think it’s their fault, or they weren’t prepared enough,” St. Clair said. “I explain that [Texas laws] are set up this way on purpose … [They’re] making abortion inaccessible on purpose.”

Trigilio told Rewire that this data shows that HB 2 was never about protecting patients’s health and safety as proponents have claimed. “When a woman makes the deeply personal decision to have an abortion, she needs access to safe medical care and respect for the decision she has made. HB 2 impedes that,” the ACLU of Texas staff attorney said.

Roundups Law and Policy

Gavel Drop: Ted Cruz Would Make a Terrible, No Good Supreme Court Justice

Jessica Mason Pieklo & Imani Gandy

Whoever is floating the idea of a Supreme Court Justice Ted Cruz really needs to stop.

Welcome to Gavel Drop, our roundup of legal news, headlines, and head-shaking moments in the courts.

In “Dear God, who the hell asked you and why?” news, Sen. Ted Cruz (R-TX) isn’t interested in becoming a Supreme Court justice. You can breathe a sigh of relief now.

Pretty sure we can lay to rest any notion that David Daleiden—he of the highly edited, widely debunked videos falsely accusing Planned Parenthood of profiting from fetal tissue donation—is a citizen journalist. Because he isn’t. He really, really isn’t, as the Columbia Journalism Review points out.

If Scalia were alive, this death row inmate probably would not be.

Is “ban the box” the next big federal agency move by the Obama administration?

This story is just so tragic; unfortunately, similar stories are growing more common as religious institutions creep further into delivering social services. After entering a faith-based mental health facility, a young man attempted suicide after his mood stabilizers were replaced with Bible study and nutritional supplements.

The ACLU filed a lawsuit challenging a Mississippi law that allows public officials and businesses to refuse to serve gay and transgender individuals.

Meanwhile, Alabama continues to be a hot mess of conservative political scandals.

group of constitutional law scholars is urging the administration to rescind a Bush-era memo they argue only encourages conservatives to bring more so-called religious freedom lawsuits—like the cases at issue in Zubik v. Burwell, for instance—in the future.

No, seriously, there are more lawsuits challenging the Affordable Care Act in the pipeline.

Conservative-led states cannot stop trying to defund Planned Parenthood reproductive health-care facilities. Ohio is the latest to try, which means another lawsuit. Of course.

Patricia Miller asks with whom Catholic bishops would ally in a Trump administration.

At least Susan B. Anthony List can now stop pretending its core mission was electing women.

Attorneys representing the State of Arkansas really want to cut off access to medication abortion for residents in their state.
 
There is nothing good about non-physician lawmakers passing anti-choice restrictions that are so muddled doctors are confounded as to how to comply with them.

Here’s the judicial fund questionnaire for Supreme Court nominee Merrick Garland. “Bland as mayonnaise” comes to mind.

Rewire is going to talk more about this ruling in light of the Angel Dillard trial, but c’mon. A personal letter to an abortion provider suggesting she’ll get car bombed isn’t a threat, but playing NWA to cops is?