The Perils of Pregnancy Post-Roe: Comparing the Experiences of Pregnant Women in Ohio and California
The recent case of Brittany Watts, a woman in Columbus, Ohio, who was criminally charged after a miscarriage, highlights the dangers that pregnant women face in states that have limited access to abortions since the Roe v. Wade decision was overturned. The story has raised the question of what would have happened if Watts had been in California instead of Columbus.
In September of 2021, the 33-year-old Watts, who had not shared the news of her pregnancy even with her family, began passing thick blood clots when she was 21 weeks and five days pregnant. She made her first prenatal visit to a doctor’s office behind Mercy Health-St. Joseph’s Hospital, where the doctor advised heading to the Hospital to have her labor induced so she could have what amounted to an abortion to deliver the nonviable fetus, as the fetus would not survive. Otherwise, she would face a “significant risk” of death, according to records of her case.
What followed was a harrowing three days entailing multiple trips to the Hospital; Watts miscarrying into, and then flushing and plunging, a toilet at her home; a police investigation of those actions; and Watts being charged with abuse of a corpse, a fifth-degree felony punishable by up to a year in prison and a $2,500 fine. Her case was sent last week to a grand jury, and it has touched off a national firestorm over the treatment of pregnant women, and especially Black women, in the aftermath of the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision that overturned Roe v. Wade.
If this had happened in California instead, the outcome would likely have differed. California is one of the most progressive states in the country when it comes to abortion rights. They passed the Reproductive Freedom, Accountability, Comprehensive Care, and Transparency (FACT) Act of 2015, which mandates that licensed crisis pregnancy centers post signs in multiple languages, informing clients of available public programs to access pregnancy-related care, including prenatal care, contraception, and abortion. The law also requires insurers to cover contraception and abortion. Additionally, California is one of several states with a constitutional right to privacy, recognizing a “fundamental right of privacy” that extends to personal reproductive decisions.
Pregnant women in Ohio and California have vastly different experiences due to their states’ policies. Ohio has been in the throes of a bitter debate over abortion rights, and post-Dobbs, pregnant women like Watts, who were not even trying to get an abortion, have increasingly found themselves charged with “crimes against their pregnancies.” This is not limited to Ohio; studies show that Black women who visited hospitals for prenatal care were ten times more likely than white women to have child protective services and law enforcement called on them, even when their cases were similar.
In contrast, California’s policies and laws on reproductive rights prioritize access to care and privacy, especially for Black women and other marginalized groups. California has taken measures to ensure that healthcare providers and law enforcement do not treat pregnant women like criminals, which is something that remains a problem in many parts of the country.
The difference between the experiences of pregnant women in Ohio and California is stark. While pregnancy can be a harrowing experience in any state, it is clear that California’s laws and policies prioritize access to care and privacy for pregnant women, ensuring that they are not criminalized for their reproductive choices.
In Ohio, however, the criminalization of pregnant women and the increasing hostility towards reproductive rights have left many Black women in vulnerable positions. The case of Brittany Watts is just one of many examples of the perils of pregnancy post-Roe, highlighting the need for greater protections and access to care nationwide.
In conclusion, the experiences of pregnant women in different states vary greatly based on their policies related to reproductive rights. While California is one of the most progressive states in the country when it comes to reproductive rights, Ohio’s recent history has revealed the need for greater protections and access to care for pregnant women, especially Black women, whose experiences demonstrate the perils of pregnancy post-Roe. As we move forward, we must prioritize access to care and ensure that pregnant women are not criminalized for their reproductive choices so that all women can have safe and healthy pregnancies.
