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Discrimination and Barriers: Abortion Access for Disabled Individuals After Dobbs
Journal article   Peer reviewed

Discrimination and Barriers: Abortion Access for Disabled Individuals After Dobbs

Jennifer L Brinkley
Oklahoma Law Review, Vol.77(1), pp.53-92
Autumn 2024

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Abstract

[This article was also presented at the OLR Annual Symposium: Rewriting the Script: Challenging Ableism and Advancing Justice in Sexuality, Reproduction, and Parenting for Disabled People 01/2024] Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade and Planned Parenthood v. Casey in 2022. Since then, fourteen states have banned abortion, with other states shortening gestational limits on abortion procedures. Federal legislation has been introduced to try to mitigate state restrictions regarding abortion, but it has stalled in Congress. This Article examines the impact of banning and limiting abortion care in the United States, specifically on disabled individuals. It provides a brief history of how policies are drafted from ableist mindsets, negatively impacting those with disabilities. It discusses myths surrounding having a disability and highlights the many obstacles that marginalized populations face when accessing not only abortion care but also health care. This Article considers the need to recognize the variety of factors, often overlapping, that constrain an individual's ability to exercise bodily autonomy.
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