Author: Aaron Tackett

North Carolina has a history of restricting abortions. Since the 19^th century the state has imposed restrictions on abortion by looking at fetuses as a separate entity that deserves their own set of rights. In 1881, abortions were made illegal after the “quickening” which is a term used to describe the point when someone who is pregnant begins to feel the movements of the unborn child [1]. This is related to the debate today about when the fetus is developed enough to be considered a human baby that deserves the rights we have as sovereign citizens today. Without the modern scientific methods of today, much more value was placed on hearing a heartbeat or feeling the fetus move, both of which are superficial methods compared to the way we make these decisions today. The first image of a fetus was taken by Lennart Nilsson, named ‘Foetus 18 Weeks,’ and put on the cover of life magazine in April 1965. This image was later used by anti-abortion advocates and helped the abortion debate to become mainstream [2]. This debate led to a push against abortion restrictions and in 1967 the law was modified to loosen the restrictions in cases of rape, incest, and when the life of the mother is in danger. In 1973 with Roe v. Wade, the consensus among scientists was that the fetus should not be considered a separate entity in any state until it is “viable,” which means a baby that can live outside of the mother [3]. The youngest example of true “fetal viability” is 21 weeks [4] however it is generally considered to be between 23-24 weeks. North Carolina banned abortion after 20 weeks that same year, however, it could not be enforced because Roe v. Wade took precedence. In 2011 North Carolina passed what is known as the TRAP law: the Women’s Right to Know Act which mandated extensive counseling prior to an abortion. In 2015, North Carolina updated the bill, calling it the Women and Children Protection Act.

TRAP law: Women’s Right to Know Act

The official wording of the Women’s Right to Know Act is “No abortion shall be performed upon a woman in this State without her voluntary and informed consent. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if all the following conditions are satisfied [5].” The bill then has a list of things that anyone getting an abortion must be told and shown 72 hours before the procedure. Like a concealed carry permit in which a person must take a gun safety class and then wait for approval for up to 45 days, as stated by Paul Stam, “These laws ensure that citizens have the time and information to make the best decision possible [6].” Additionally, the bill required patients under 18 to have permission from a parent or guardian, and it required the patient to view the fetus in real time. The bill vetoed by the Governor of NC, but her veto was overridden, however the bill was changed to only require a 24-hour waiting period. Many people considered the bill unconstitutional. In a paper titled, “The North Carolina Women’s Right to Know Act: An Unconstitutional Infringement on a Physician’s First Amendment Right to Free Speech,” Ryan Bakelaar points out that, “By requiring that he verbally describe, in detail, ultrasonographic findings regarding fetal anatomy, it compels him to engage in content-based speech as part of the State’s admitted attempt to promote life and discourage abortion [7].” So, while some believe anyone getting an abortion have learn the material to give fully informed consent, others believe that it is unconstitutional to force it upon the doctors and the patients. In fact, one study published in 2015 found that after interviewing 31 abortion providers, every single one had negative opinions about the WRTK law [8].

Updated Women and Children’s Protection Act of 2015

In May 2014 the Americans United for Life were fight for informed consent as the abortion activists were fighting against it [9]. As a result, in December 2014, the federal court ruled that forcing a patient to view an ultrasound 4 hours before an abortion was a violation of the First Amendment and so the North Carolina Legislature was forced to amend the bill [10]. On May 27, 2015, a new bill was adopted titled “Women and Children’s Protection Act.” In it, they took out the required ultrasound and reinstated the 72-hour waiting period between a consultation and the abortion. During the consultation a patient is still required to learn about many aspects of the operation as well as resources available if she decides to keep the baby [11]. When writing the bill, they included multiple sections as a tactic to discourage people from voting against the bill. One part of the bill deals with statutory rape and domestic violence, while another section introduces more abortions provisions. If anyone voted against the bill, the republicans could claim that that person was against those issues that almost everyone has stood for [12].

Conclusion: The fetus as an entity and the struggle for control over memory

Both the Women’s Right to Know Act and the Women and Children’s Protection Act are designed to make a person think twice before getting an abortion. They view fetuses as both a potential cause of burden but also present the possibility for them to be a good thing. However, those bills do not view the fetus as a fully sovereign individual. From the outside, they might appear to support Women in making the best possible informed decision, but with so many people claiming these provisions are unconstitutional, is it time to rethink the abortion laws in North Carolina? This still leaves the question of when we should treat the fetus as an individual deserving of rights, and while North Carolina keeps tightening abortion restrictions, others say this will lead to disaster as they push against the idea that a fetus should have rights [13]. With Roe v Wade overturned, the memory of abortion is being stolen by politicians to push their agenda. Instead of letting others dictate the popular memory, it is important to use research to create new ideas and to filter mainstream memories through the lens science and morality.

Works Cited:

1. Donnelly, Claire. “Laws Regulating Abortion in North Carolina Date Back to 1881.” WFAE 90.7 – Charlotte’s NPR News Source (June 1, 2022). https://www.wfae.org/health/2022-06-01/laws-regulating-abortion-in-north-carolina-date-back-to-1881
2. Jansen, Charlotte. “Foetus 18 Weeks: The Greatest Photograph of the 20th Century?” The Guardian. Guardian News and Media (November 18, 2019). https://www.theguardian.com/artanddesign/2019/nov/18/foetus-images-lennart-nilsson-photojournalist
3. Valade, Jodie. “Timeline of NC Abortion Laws That Restricted Access to Care.” Charlotte Observer (June 24, 2022). https://www.charlotteobserver.com/news/politics-government/article262252452.html#storylink=cpy
4. Echols, Hannah. “UAB Hospital Delivers Record-Breaking Premature Baby.” UAB News (November 10, 2021). https://www.uab.edu/news/health/item/12427-uab-hospital-delivers-record-breaking-premature-baby
5. North Carolina Legislature. “Article 1I.” ncleg.org (2011). https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_90/Article_1I.pdf
6. Stam, Paul Honorable. “Woman’s Right to Know Act: A Legislative History.” Issues in Law & Medicine 28, no. 1 (June 2012). https://www.proquest.com/docview/1038595437?parentSessionId=FjH2BC9vU4Ro6mX88%2Fs2ocJmBtMdkWd1M8to1szELU0%3D&accountid=14244
7. Bakelaar, Ryan. “The North Carolina Woman’s Right To Know Act: An Unconstitutional Infringement on a Physician’s First Amendment Right to Free Speech.” Michigan Journal of Gender & Law, no. 20.2 (2013). https://doi.org/10.36641/mjgl.20.2.north,  
8. Mercier, Rebecca J., Mara Buchbinder, Amy Bryant, and Laura Britton. “The Experiences and Adaptations of Abortion Providers Practicing under a New Trap Law: A Qualitative Study.” Contraception 91, no. 6 (2015): 507–12. https://doi.org/10.1016/j.contraception.2015.03.003  
9. The Guardian. “Federal Court Rejects Pre-Abortion Ultrasound Law in North Carolina; Ruling Finds ‘Women’s Right to Know’ Law and ‘Real-Time View Requirement’ Was a Violation of the First Amendment.” Guardian News & Media, December 22, 2014. https://go-gale-com.libproxy.lib.unc.edu/ps/i.do?p=BIC&u=unc_main&id=GALE%7CA397739299&v=2.1&it=r&sid=summon
10. States News Service. “AUL FIGHTS FOR WOMEN’S RIGHT TO KNOW ABOUT THEIR PREGNANCIES AS ABORTION INDUSTRY FIGHTS INFORMED CONSENT IN NORTH CAROLINA.” States News Service, May 8, 2014. https://go-gale-com.libproxy.lib.unc.edu/ps/i.do?p=BIC&u=unc_main&id=GALE|A370294172&v=2.1&it=r&sid=summon
11. NC Legislature “Women and Children’s Protection Act of 2015” (April 22, 2015) https://www.ncleg.gov/Sessions/2015/Bills/House/PDF/H465v3.pdf
12. Hoban, Rose. “New Abortion Rules Will Become Law.” North Carolina Health News (April 23, 2021). https://www.northcarolinahealthnews.org/2015/06/04/12713/.
13. “Further Restricting Abortions in NC Will Have ‘Chilling’ Effect, Doctors Say.” Duke Today, February 17, 2023. https://today.duke.edu/2023/02/further-restricting-abortions-nc-will-have-chilling-effect-doctors-say