By: Yasmin Hammami
Summary
This report provides a comprehensive analysis of the impact of the overturn of Roe v. Wade on Muslim women, a diverse and multifaceted community. The legal history of Roe v. Wade, including its inception and overturn, are explored. The diversity of Muslim Americans is a crucial aspect of this discussion, and they are often left out of political decisions. With roots in various cultures and groups, Muslims hold a wide range of perspectives and experiences. This report also delves into the positive impacts that Roe v. Wade had, extending beyond the realm of legal rights. This landmark decision provided Muslim women with a space to navigate their reproductive rights within the framework of their faith and personal values. The overturn of this decision has thus posed challenges to their autonomy and religious freedoms. Furthermore, this report examines the different Islamic schools of thought regarding abortion. Islam, like many religions, encompasses a spectrum of interpretations and beliefs about abortion. However, the overturn of Roe completely disregards any nuance and has caused a total ban in some states. This report underscores the importance of understanding these impacts and how they intersect with the diverse identities and backgrounds of Muslim women.
Legal History
Until the late 1800s, abortion was legal until “quickening,” marked by the mother feeling fetal movement at around fourteen weeks of pregnancy. Regulations regarding pregnancy began around the 1820’s and 1830’s due to the dangerous medications women took to induce abortions. In the 1850’s the American Medical Association called for criminalizing abortions, and during this time, nativists began promoting anti-abortion rhetoric to increase the White population in the US. It wasn’t until the 1960s, during the women’s rights movement, that large scale protests against the criminalization of contraceptives and abortions began.
In 1973, the Supreme Court ruled in favor of Norma McCorvey known as “Jane Roe,” arguing that the right to abortion falls under the Fourteenth Amendment. This ruling allowed a pregnant person to choose to abort during the first trimester for any reason, and during the second and third trimester if the mother’s life was at risk (Roe v. Wade, 2023). Four years later, the Hyde Amendment limited federal funding for abortions to cases of rape an incest. Before this amendment, about 300,000 abortions were federally paid for every year through Medicaid (Rovner, 2009). This amendment disproportionately impacts women of color and people of low socioeconomic status,who face systemic barriers to healthcare and employment As of 2019, 29% of Black women and 25% of Hispanic women were enrolled in Medicaid compared to only 15% of White women (The Hyde Amendment, 2021).
The Dobbs v. Jackson Women’s Health Organization, concerning Mississippi’s Gestational Act, led to the overturning of Roe v. Wade. Mississippi’s Gestational Act banned abortions after 15 weeks of pregnancy unless there is an emergency or severe fetal deformities. Jackson Women’s Health Organization argued that this Act violated the Fourteenth Amendment by impeding personal liberty. The Supreme Court ruled in Dobbs’ favor, stating that liberties are only protected if they are “deeply rooted in U.S history and tradition” (Newton, 2022). Additionally,
the Court noted that abortion was abortion was considered a crime when the fourteenth amendment was adopted, supporting their argument that abortion access is not a fundamental right.
In June of 2022, Roe v. Wade was overturned, leaving abortion regulations to the discretion of individual states. Thirteen states, including Texas and several other conservative states immediately enacted “trigger bans.” Conversely, in 18 states, abortion remains legal until the fetus is viable outside the womb, typically around 22-24 weeks of pregnancy (Temme, 2023). In states such as Texas, abortions are permitted only in cases of “substantial impairment of major bodily function.” This provision is vaguely defined, resulting in situations where individuals experiencing fetal loss have had to endure significant bodily harm before receiving medical intervention. This vagueness has led to significant harm, as seen in the Zurawski v. State of Texas case. Zurawski experienced a preterm pre-labor rupture of membranes (PPROM) at 18 weeks of gestation, which guarantees fetal mortality at such an early stage of pregnancy. Zurawski was denied an abortion because the fetal heartbeat was still detected. Three days later, Zurawski had to have an emergency abortion due to sepsis, resulting in the loss of a fallopian tube and thus her ability to naturally conceive (Sobol, 2023). Zurawski’s case is one of many women who has not only had to endure the loss of a fetus, but also deal with significant and permanent damage to her body in order to reach that “substantial impairment of major bodily function.”
The history of abortion law in the U.S. reflects ongoing struggles over bodily autonomy, with recent developments threatening the progress made since Roe v. Wade. The disparities in abortion access and healthcare illustrate the systemic barriers faced by marginalized communities, especially Muslim communities who experience existing inequities leading to adverse health outcomes.
Who are Muslim Americans?
ISPU Pie Chart of Ethnic Groups in Muslim Americans in 2019
The pie chart above proves that Muslim Americans are not a monolith but rather a diverse group with varying needs. Muslim Americans are an integral component of this country’s social fabric and are present in every socioeconomic class, level of education, and generation. The sheer amount of intersectionality in the Muslim American population is profound, which results in a multitude of unique challenges and needs. From islamophobia to gender-based violence within the Muslim community, there are countless barriers that women and pregnant people face. Community-level barriers such as stigmatization towards abortions already limit reproductive healthcare services to this population. The Dobbs case exacerbates this issue. Additionally, this overturn will not stop privileged people such as rich White people from accessing abortions, whether they travel to another state or even to another country to find the services they need. Instead, this overturn most heavily impacts the access of low socioeconomic individuals, resulting in an increase in unsafe abortions. The needs, aspirations, and challenges of one subgroup within Muslim Americans may not reflect those of others. However, it is important to note that the overturn of Roe v Wade, and thus the total ban on abortion in some states, impedes on the Islamic rights that all Muslim Americans are entitled to.
The Positive Impacts of Roe
Roe v. Wade’s decision in 1973 had several significant positive impacts on American society. It dramatically improved women’s health and safety by reducing maternal death linked to unsafe abortion procedures (Gold et al,1990; National Center for Health Statistics,1967). This decision increased the economic opportunity and the labor force of women with studies showing a 2 percentage point increase in the probability of women working 40 weeks or more per year (Planned Parenthood, 2024). Access to legal abortion services enhanced educational attainment for women leading to an increase of bachelor degrees between 1970-2020 (Planned Parenthood, 2024). This ruling helped reduce poverty rates among young women, especially women of color, by allowing for better control over reproductive choices (Planned Parenthood, 2024). Importantly, Roe established a constitutional right to privacy that was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973). Over time, public support for the decision grew, with a 2003 Gallup poll finding that 53% of Americans considered Roe v. Wade to have been a “good thing” for the country (Saad, 2003). The decision allowed women more control over their reproductive choices, leading to better health, economic, and social outcomes for women and their families over the five decades following the Roe decision (Planned Parenthood, 2024).
Impacts of Roe V. Wade Overturning
The overturning of Roe v. Wade also affects healthcare beyond abortions. OBGYN residents in states where abortions are restricted or banned are no longer able to learn how to perform dilation & curettage (D&C), a necessary medical intervention for managing life-threatening diagnosis, such as ectopic pregnancies. The vagueness of these abortion laws causes many healthcare providers to be hesitant to provide abortions, even when a fetus is no longer viable due to a spontaneous miscarriage. This results in a loss of valuable workforce and will continue to lead to a heightened shortage of healthcare providers for women and pregnant people (Kheyfets et al., 2022). It is also crucial to discuss the systematic and racial barriers that Muslim birthing persons face due to the overturning of Roe v. Wade (Mohamed, 2017). Estimates suggest that the abortion ban could result in a 33% increase in maternal deaths among Black individuals (Kheyfets et al., 2022). This is particularly alarming given that Black women are already more than twice as likely to experience maternal morbidity and mortality (Kheyfets et al., 2022). Additionally, states with trigger laws have larger Black and Brown populations compared to other states where abortion remains legal. Thus, pregnant people seeking an abortion must travel to other states to receive medical attention, which requires time, money, and therefore privilege. People of lower socioeconomic status (SES) have less flexibility regarding paid/unpaid time off to receive abortion care, if they have the resources for this care in the first place. Studies have also shown that people of color are less likely to travel across states for abortion care, which is likely a reflection of systematic barriers (Hing et al., 2022). Since the overturn, interstate travel to seek abortion care has already doubled (Guttmacher Institute, 2023), leading to adverse health impacts such as mental distress, delays in care, and out-of-pocket costs (Axelson et al., 2024). This overturn has also opened doors to criminalization regarding infertility treatments such as in vitro fertilization (IVF). In Alabama, embryos created from IVF are now considered to have full legal rights, meaning that disposing of extra embryos is considered abortion and can be legally punished (Mallenbaum, 2024). This legal shift has profound implications for those undergoing IVF treatment, as the fertilization of multiple embryos is a necessary part of the process. Not all embryos survive the freezing, thawing, and implantation stages, making the creation of multiple embryos essential to increase the chances of a successful pregnancy. In 2021, over 200,000 embryos were used for the 86,000 infants born from IVF (Mallenbaum, 2024). This statistic highlights the scale of embryo use and the potential legal ramifications in states like Alabama, where these embryos are now granted full legal rights. Consequently, in Alabama today, this means over 100,000 “babies” were “murdered” according to the new legal interpretation. The legal implications of this are insurmountable, with women and pregnant people of color already more likely to be prosecuted than their White counterparts. The criminalization of IVF procedures could deter many from seeking this form of treatment, leading to emotional and psychological distress for those struggling with infertility. Additionally, the fear of legal repercussions may force medical professionals to alter their practices, potentially compromising the quality of care provided to patients. This situation underscores the broader impact of the Roe v. Wade overturn on reproductive health and rights, extending beyond abortion to affect various aspects of reproductive medicine and justice. The intersection of legal, ethical, and medical considerations in this context raises significant concerns about the future of reproductive healthcare in the United States.
Interactive Map: US Abortion Policies and Access After Roe.
Muslim American Views on Abortion
Contrary to what many may assume, religious scholars in premodern times were more tolerant and permissive toward abortion than some scholars currently. For example, it has been noted that abortions have been allowed for cases of mental or emotional distress due to an unwanted pregnancy (Quraishi-Landes, 2022). Today, Muslims across the nation hold diverse views on abortion, but more than half of surveyed Muslims believe it should be legal in all or most cases (Shahawy et al., 2024). According to an ISPU survey conducted in 2022, about 56% of Muslims believe abortion should be legal in all cases, and 26% believe it should be legal in most cases (Ikramullah & Neggaz, 2022). It is important to note that although abortion is not necessarily permitted in all cases, this statistic shows that the majority of Muslim Americans believe that their personal and religious viewpoints on abortion should not create a barrier in someone else making their own decision. In Islam, there is a diverse range of opinions about the legality of abortion influenced by a number of factors including the belief of the point of ensoulment, health of the pregnant person, responsibility towards dependent children, and viability of the pregnancy. For example, different schools of Islamic thought believe that a fetus obtains a soul between 40 to 120 days after conception, and abortion after this period of time should only be in life-threatening situations for the mother (Suleiman, 2024). Other situations in which abortion is allowed for various Islamic schools of jurisprudence include cases of rape, incest, severe fetal deformations, and more (Shahawy et al., 2024). Islam highly values the health and safety of Muslims, so there are numerous exceptions to these rules, with the ultimate decision being left to the pregnant person. Thus, the overturn of Roe impedes on the rights of every Muslim woman and pregnant person from exercising their right to abortion. Additionally, Islam provides pregnant people with the right to privacy when making decisions regarding their personal lives, which has also been taken away by this overturn. In premodern Islam, there were four parties involved in the decision to abort a fetus: the woman, who is the center of the decision, the husband if applicable, a religious scholar to provide fiqh (Islamic jurisprudence), and the medical provider (Shapiro, 2014). Still, none of these four components include or even hint at a governmental role in this decision. It is important to note that the role of an imam is not to force a decision but rather to provide Islamic context for the nuances of each case. For example, the imam may find that although the “typical” cases of needing an abortion are not applicable, a person’s mental health, housing instability, or abusive environment warrant an abortion. The ultimate decision still remains in the hands of the pregnant person, and only Allah knows best.
Possible Days of Ensoulment after Conception by Madhab
Limiting Religious Liberties of Muslims
The overturn of Roe v. Wade significantly impacts Muslims’ religious rights to abortion by imposing a uniform legal standard that conflicts with Islamic teachings. Not only does the fall of Roe v. Wade reflect conservative White Christian Supremacist ideologies, but it also directly limits the rights of Muslims and other groups of people who do not follow the beliefs of those who aided the overturn (Gold, 2022). Islam does not place rules without acknowledging exceptions and nuances. Even though abortion past 120 days of conception is generally forbidden in Islam, many previously discussed exceptions such as threat to the mother override this rule (Shapiro, 2014). However, the overturn of Roe has placed a total ban in some states, directly infringing on the rights of millions of Muslims that should have been protected through the First Amendment. Thus, impeding on the religious liberties of non-Christians whose faith supports abortion access.
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