The Hyde Amendment at 40: Constitutional Rights Are for Everyone … Who Can Afford Them

profileThe debate around the Hyde Amendment has been squarely focused around abortion. Rightly so. The procedure is still a delicate topic, despite approximately 2 out of 5 women getting an abortion in their lifetimes. But the Hyde Amendment has another angle that no one is talking about. Do poor women actually have a constitutional right when they cannot afford access to that right?


The Hyde Amendment turns 40 this Friday. So what’s the Hyde Amendment?


In 1973, the Supreme Court of the United States (SCOTUS) decided that individuals have a right to privacy under the 14th Amendment. Roe v. Wade, along with several other cases, saw SCOTUS reasoning that a right to privacy extends to a woman’s right to an abortion. Women who lived through centuries of dangerous back-alley abortions, botched abortions, and dangerous abortifacient drugs saw Roe as a pivotal case for women’s rights.

Three years after Roe v. Wade — 40 years ago this Friday, on September 30, 1976Rep. Henry Hyde of Illinois attached a rider to the annual appropriations bill. The Hyde Amendment forbade federal funds to be used for abortions. This rider has been renewed yearly, but never officially added to the bill itself. Years later, two more provisions were added to the Hyde Amendment to allow exceptions for the health of the mother and cases of rape or incest. The effect of this provision meant that thousands of poor women would no longer be able to afford an abortion. Their access to a constitutional right had been considerably decreased. Continue reading

Book Club: Crow After Roe

Crow After RoeA new book by Robin Marty and Jessica Mason Pieklo takes readers on a tour of a disaster. It was a catastrophe that swept through much of the Midwest but also shook states like Arizona, Idaho, and Mississippi. Its widespread effects raised numerous health concerns as it made its way through much of the country, and its repercussions are still felt today. Undoing the damage could take years.

The disaster was not natural, but political. The 2010 midterm elections saw a wave of Republican victories, giving state legislatures a new makeup and a new agenda. Reacting to a recently elected Democratic president who had called himself “a consistent and strong supporter of reproductive justice,” conservative lawmakers introduced one bill after another to limit access to reproductive health care — especially, but not exclusively, abortion.


The defeat of Arizona’s 20-week abortion ban is a timely reminder of what activists can accomplish.


In Crow After Roe: How “Separate but Equal” Has Become the New Standard in Women’s Health and How We Can Change That (Ig Publishing, 2013), Marty and Pieklo, both reporters for the reproductive health and justice news site RH Reality Check, take a state-by-state look at the many bills that were introduced in the wake of the 2010 midterm elections. Those bills made the next year, 2011, a record year for state-level legislation to restrict abortion. States passed more anti-abortion laws in 2011 than in any year in the last three decades. What was quickly dubbed the War on Women continued into 2012. That year saw the second highest number of new state-level abortion restrictions. This year is shaping up to be much like the prior two, with new restrictions introduced in more than a dozen states, according to the Guttmacher Institute.

Marty and Pieklo argue that this onslaught of bad legislation has put women — especially poor, minority, and rural women — in a separate and secondary class of health care consumers who have little choice or control over their reproductive health. The authors posit that the goal of the many restrictions is to render abortion “legal in name only” — still legal, but largely unavailable. Continue reading