Two data points in the aftermath of the Dobbs v. Jackson Women’s Health Organization ruling paint a picture of that decision’s impact on mental health.
First: Early data shows that states that enacted abortion bans after Roe v. Wade was overturned have seen higher rates of self-reported mental health concerns, particularly among the less wealthy.
Second: Lawmakers in those states are increasingly loath to include mental health concerns or psychological conditions in the list of reasons to justify a legal, emergency abortion.
According to research from Brad Greenwood, professor of information systems and operations management at the Costello College of Business at George Mason University, that was published in Science Advances in July, much of the psychological impact of the state bans has been linked to socioeconomic status, with the self-reported mental health status of less educated and less wealthy subjects “demonstrably worse” than the mean.
“If you get up to over six-figure income, there’s no effect whatsoever,” said Greenwood, adding that there are not “significant differences” based on sex assigned at birth, race, age, marital status and sexual orientation.
His study speculates that some of that may be because wealthier subjects can more easily travel out of state to receive the procedure.
The increase comes as lawmakers have made it increasingly clear that so-called “emergency exceptions” that permit legal abortions can include physical conditions, but not psychological or other mental health concerns.
Since January, lawmakers introduced at least three bills with language that would exclude mental health as a medical emergency that could necessitate abortion care.
Among those bills were two that would require informed consent for patients of the risks and other details before receiving an abortion.
Those bills would provide exceptions in cases to save the life of a pregnant person and to prevent “the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.”
Another House bill would prohibit certain abortion measures under the United States code. It includes nine separate instances of this phrase: “a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions.”
Since CQ Roll Call’s initial legislative analysis of state abortion laws began in December, lawmakers in 10 states — New Jersey, Oklahoma, South Dakota, Idaho, Kentucky, Rhode Island, Tennessee, Virginia, West Virginia and Florida — have introduced 17 bills that specifically exclude mental health emergencies from language allowing exceptions for emergencies.
Of those 10 states, only Tennessee enacted its legislation. The state is in the midst of litigation over a separate law prohibiting performing most abortions that excluded cases of mental health emergencies.
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