Mississippi's 15-week abortion ban challenges abortion rights

Anti-abortion activists are holding an early afternoon prayer service on a windy day outside Mississippi’s only abortion clinic located in Jackson. From September 22, to the end of October, they are praying and fasting in hopes that abortions will be outlawed nationwide.  It's part of a nationwide effort called 40 Days for Life.  Members of anti-abortion groups, churches and individuals who support the mission are here. Terri Herring is with Choose Life Mississippi.

“We also want people to come to the abortion clinic.  People who have never been here so that they can feel the reality of desperate women coming into this pink building with black paper wrapped around it.  It’s a center where death takes place and I think sometimes it’s easy to close our eyes and shut our hearts off,” Herring said. 

As anti-abortion activists worship, getting clients in and out of the clinic parking lot on a small side road takes coordination.  That’s where protestors gather.   There are only 12 parking spaces so some patients have to park around the block and be guided to the clinic.  Derenda Hancock is in charge of the Pink House Defenders, volunteers who escort clients into the facility.   She says due to loud anti-abortion protests with blow horns and speakers over the years, only residents who live on the street can park along the road. 

“They are yelling at our patients right now. They’re telling our patients to go across the street to the crisis pregnancy center.  They’re telling them not to kill their baby.  Our patients should not be subjected to that type of harassment,” Hancock said.

The U.S. Supreme Court is taking up Mississippi’s 15-week abortion ban passed by the legislature in 2018. The case could pose an imminent threat to the future of Roe v. Wade.  The challenge brings into question when a fetus can live outside of the womb which is called viability.  When Roe v. Wade became law in 1973, the landmark case set viability at about 24 weeks.  

According to the Mississippi Department of Health there were 3,194 abortions in 2019 in the state.

“We believe that they’re going to take action because these cases have percolated for a long time.” 

Mississippi Attorney General Lynn Fitch recently discussed the issue at the State Capitol.  She has filed two briefs against abortion with the U.S. Supreme Court arguing advances in science prove there is a heartbeat as early as 5 to 6 weeks gestation.  Fitch also contends access to abortions is a matter of states rights. 

“I’d like to see Roe v. Wade overturned because I think it’s not applicable.  I think the viability line is so fuzzy right now.  Every court has its own determination.  This is a rule of law question.  This is about returning the rule of law to the states,” Fitch said.

The State of Texas bans abortions after six weeks of pregnancy which has pretty much shutdown clinics there.   Abortion rights activist say often women don't know they're pregnant before six weeks. 

Shannon Brewer at the Jackson Women’s Health Organization here in Mississippi, says they feel a sense of urgency to help as many women as possible.  Abortions are legal up to 20 weeks in the state. The clinic provides them up to 16 weeks.

“We will definitely continue to see abortions until its decided.  We are currently seeing patients as much as we can and as many days as we can.  And we are seeing a lot of patients from Texas.  A lot of patients are traveling eight, nine, up to 10 hours coming here,”  Brewer said. 

The issue ignites passion on both sides.  Abortion rights activist recently rallied outside Smith Wills Stadium in Jackson.  Women and men here believe women should be able to make decisions about their healthcare with their doctors without outside interference. 

Amanda Furdge of Clinton, the mother of three boys, is at the rally to support a woman’s right to choose.  She says she had two abortions before she got married because it was the best decision for her at the time.  Furdge believes Roe v. Wade will be overturned by the high court’s conservative majority but,  

“Women will find ways to get abortions some where else.  They will go other places or they will lean into the work that grassroots organizers are doing to prepare women for a time when we may not be able to access abortions in a clinic,” Furdge said.

Furdge adds the issue disproportionally effects the poor and women of color because those who can afford to have the procedure done by a private physician will do so. 

Abortion rights activist at the rally say they’re already working on what they call safe self-managed abortions.

The U.S. Supreme Court will hear oral arguments about Mississippi’s 15-week abortion ban December 1.