Roe v. Wade Story Archives - West Virginia Public Broadcasting

Study Finds Sterilization Rates Rose Post-Dobbs Decision

More young people are seeking and following through with permanent contraception procedures.

A new study found that rates of young people seeking permanent contraception have risen since the overturn of Roe v Wade.

The study evaluated changes in rates of tubal ligation and vasectomy procedures among adults aged 18 to 30 following the Dobbs v Jackson Women’s Health Organization.

The Supreme Court overturned Roe in June of 2022, and West Virginia lawmakers convened a special session in September of that year in which they passed the state’s near-total abortion ban or the Unborn Child Protection Act.

The Unborn Child Protection Act, also known as House Bill 302, outlaws abortions in West Virginia except in cases when the mother’s life is in danger, or instances of rape and incest that are reported to law enforcement in a timely manner. Any abortion performed must be done so in a hospital within eight weeks for adults and 14 weeks for minors.

In a written statement, Kristin Sinning, Marshall Health obstetrician-gynecologist and professor at the Marshall University Joan C. Edwards School of Medicine, confirmed an increase in patients expressing interest in and proceeding with permanent sterilization within the past two years.

“Marshall Obstetrics and Gynecology offers patients a comprehensive range of contraception methods including permanent sterilization procedures,” Sinning wrote. “During the past two years, our clinics have experienced an increase in patients expressing interest in and proceeding with permanent sterilization. This is consistent with the findings outlined in the recent Journal of American Medicine Association article.”

Jacqueline Allison is an assistant professor at the University of Pittsburgh School of Health Policy and Management and one of the authors of the study on rates of permanent contraception. She said the study was inspired by the conversations she had with friends and family following the overturning of Roe v Wade.

“I think a lot of people who with the capacity for pregnancy, including myself, felt a lot of fear and anxiety around the ruling,” Allison said. “And that fear and anxiety, as we saw in our study, translated to changes in contraceptive decision-making.”

Allison said the study found a substantial increase in both tubal ligation and vasectomy procedures among young people since the Dobbs decision.

“We also found that this increase in tubal ligation procedures was twice that of the vasectomies,” Allison said. “It was also the increase was also sustained in the post Dobbs period, whereas for vasectomies, there was sort of an initial uptick, and then the rate leveled off.”

There could be multiple reasons for those rates, but Allison suspects people who can get pregnant are more likely to experience the consequences of not being able to terminate an unwanted or unsafe pregnancy.

“Women disproportionately experience the health, social and economic consequences of abortion bans, whereas men may not experience those consequences as directly,” Allison said.

Another factor could be that men might not have health insurance coverage for a vasectomy. Allison explained that under the Affordable Care Act’s contraceptive mandate, all private payers are required to cover contraceptives, at no additional cost to patients.

“That mandate did not include the vasectomy,” Allison said. “So it’s also possible that men do not have insurance coverage for vasectomy, whereas women do have coverage for tubal ligation.”

Allison said she expected to see an increase in interest and follow through with permanent contraception procedures following the Dobbs decision, but did not expect the increase to be as pronounced as it was. She was also surprised to learn that younger people were already more interested in the procedures than their older counterparts were at their ages.

“Even before the Dobbs ruling, younger people were more likely to go out and get permanent contraception, or they were there, the rate was increasing, rather,” Allison said. “And that’s opposite, that’s not what we see when we look at like all adults or older adults. So it suggest to me that, you know, young people are increasingly choosing this option, even before Dobbs.”

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

Us & Them: The Geography Of Abortion

State borders are now all important in determining access to abortion. Since the U.S. Supreme Court overturned Roe v. Wade in 2022, West Virginia’s only abortion clinic has moved across the border to Maryland to continue providing abortions.

State borders are the new front lines in the nation’s abortion battle. On this episode of Us & Them, host Trey Kay looks at the evolving geography of abortion.

Since a 2022 U.S. Supreme Court decision overturned federal abortion rights, 21 states have either banned or restricted abortion access, including West Virginia. Meanwhile, West Virginia’s neighbor, Maryland, is one of 22 states that are protecting abortion rights and expanding access.

Kay follows the decision of Women’s Health Center of West Virginia to move its abortion services from Charleston to a new clinic just over the border near Cumberland, Maryland. The move was intentional, because Western Maryland, like West Virginia, is a so-called abortion desert. The two regions have some deep political and cultural similarities. Western Maryland Republicans say they feel ignored by the overwhelmingly liberal, Democratic legislature in Annapolis. They say the new abortion clinic is not wanted or needed in their part of Maryland, and they blame the clinic’s presence on the fallout from Roe v. Wade’s defeat.

This episode of Us & Them is presented with support from the West Virginia Humanities Council and the CRC Foundation.

Subscribe to Us & Them on Apple Podcasts, NPR One, RadioPublic, Spotify, Stitcher and beyond.

Katie Quiñonez stood in the waiting room of the Women’s Health Center of Maryland, located about 10 miles south of Cumberland, Maryland. Quiñonez is executive director of this health center. She is also the executive director of the Women’s Health Center of West Virginia, which is located in Charleston and was West Virginia’s only abortion clinic until that state banned abortion in September 2022. The West Virginia center still provides reproductive health services, but in the summer of 2023, the Women’s Health Center relocated its abortion services to the Maryland clinic which is less than two miles from the West Virginia border.

*Credit: Trey Kay/West Virginia Public Broadcasting*

Subsequent to the Dobbs v. Jackson Women’s Health Organization ruling in June 2022, Gov. Jim Justice signed a measure into law that banned abortions in West Virginia, with limited exceptions. Justice called the signed bill the “protect life” law. The law bans abortions in West Virginia except in cases when the mother’s life is in danger, or instances of rape and incest that are reported to law enforcement in a timely manner. Any abortion must be performed in a hospital within eight weeks for adults and 14 weeks for minors.

“I believe wholeheartedly that it does one thing that is absolutely so important. It does protect life.” — West Virginia Gov. Jim Justice

*Credit: Trey Kay/West Virginia Public Broadcasting*

Abortion access in the U.S. varied widely even during the Roe v. Wade era. Some states had lots of clinics, others had just a few. But every state had at least one. That changed when Dobbs ended the federal right to an abortion and let states come up with their own regulations.

Now, abortion access has become even more fragmented and deeply polarized. Fourteen states, including West Virginia, have essentially banned abortion. They have become what some call “abortion deserts.” Seven states have imposed stricter legal limits, while 22 states have moved to protect abortion rights and expand access. Maryland is one of those states.

In May 2023, Maryland Gov. Wes Moore approved laws that do several things. They allow a wider range of medical professionals to perform abortions. They maintain the privacy of abortion-related medical records. And they shield doctors and others from criminal investigations by states with more restrictive abortion laws.

“I’m very proud to sign legislation that will protect access to abortion in Maryland. In this moment of serious consequences for women and for all Marylanders, Maryland can and will lead on this issue of abortion access. And I want to say to all women who are out there who are wondering what will happen. Who are worried about their future. Please hear me loud and clear. Maryland will always be a safe haven for abortion access and abortion rights.” — Maryland Gov. Wes Moore

*Credit: Gov. Wes Moore’s X (Twitter) Post*

Maryland Democrats, who control the state’s legislature, want abortion rights written into the state constitution. The General Assembly has placed a reproductive rights amendment on the ballot for November 2024. Democratic Del. Joseline Peña-Melnyk chairs the House Delegates’ Health and Government Services Committee, where the amendment was first considered. She said an abortion rights amendment is necessary, even though Maryland has been a reliably blue state for a long time.

“It’s necessary because we feel very strongly that we want Maryland to remain a state that protects abortion access. On the ballot this November, Maryland voters will once again be able to affirmatively and resoundingly say their reproductive freedom should be a constitutional right. It is the highest protection that we can give our constituents.” — Maryland Del. Joseline Peña-Melnyk

*Credit: Maryland Del. Joseline Peña-Melnyk (D), MD 21*

Maryland’s drive to protect abortion rights and access has attracted OB-GYNs to the state including Dr. Anne Banfield. She moved her practice to a hospital system in Southern Maryland after working for 13 years at a hospital in Elkins, West Virginia.

“I had spent a lot of years trying to recruit to our practice there and working a lot of shifts, taking a lot of calls. And then on top of that, you know, trying to advocate within the state, trying to advocate at the state government level to protect reproductive rights in West Virginia. And I got this great opportunity in Maryland, which is a very friendly and protective state from a women’s health and reproductive health standpoint. And we saw the writing on the wall, and I knew I was coming here and I was going to have to work less in a more friendly environment, and I just couldn’t pass that up. I don’t think I would have left otherwise.” — Dr. Anne Banfield, OB-GYN

*Credit: Dr. Anne Banfield/MedStar St. Mary’s Hospital*

Cresta Kowalski is the president of the Mountain Maryland Alliance for Reproductive Freedom. She said prior to the opening of the Women’s Health Center of Maryland, her group had been exploring how to bring an abortion clinic to Western Maryland.

“We were like, okay, a five to 10 year goal would be an indie clinic out here in mountain Maryland. And then in January, I get an email saying, ‘Hi, I’m Katie Quiñonez and my friend Ramsie Monk and I work with the Women’s Health Center of Charleston and we’d like to speak with you.’ And they had already found the location and it was perfect. It was made for the operation … I was relieved that we could have options for people that didn’t have options.” — Cresta Kowalski

*Credit: Cresta Kowalski/Facebook*

Michael Mudge is the pastor and founder of Bethany House of the Lord, an evangelical Christian church. He and several other anti-abortion advocates from Western Maryland came together to form Abortion Free Allegeny. He said their goals are to let people know about the clinic, organize demonstrations against it, and raise awareness about pregnancy support centers and other abortion alternatives. Mudge said he and others opposed to abortion do not like having a clinic in their backyard, but he knows it has a right to be there.

“What we’re dealing with here in Allegheny County, Maryland, is a direct result of the Dobbs decision. The West Virginia Legislature took the opportunity after the Dobbs decision to pass legislation effectively banning abortion. And the Maryland state legislature, as in many other states, has responded to the Dobbs decision by radicalizing even more their pro-abortion legislation. So, we’re caught up in the middle of that. It’s just that here, we’re in a part of Maryland that doesn’t fit well in Maryland.” — Michael Mudge

*Credit: Trey Kay/West Virginia Public Broadcasting*

Mudge referred to the political segregation that has deepened in Maryland as it has across the country.

There’s the rural, conservative, Republican Maryland of the western panhandle, the eastern Chesapeake Bay, and the counties north of Baltimore. And there’s the urban, liberal, Democratic Maryland of Baltimore City, Annapolis and the D.C. suburbs that dominates state politics.

David Karol, an associate professor of government and politics at the University of Maryland, said it wasn’t always like this.

Karol said his students were surprised to learn that in the presidential election of 1988, Republican George H. W. Bush won Maryland while Democrat Mike Dukakis won West Virginia.

“Which, you know, is just shocking to students, because that’s a complete reversal of the alignment that we see today,” Karol said.

“The [Maryland] legislature has been Democratic for about 100 years. The governorship has occasionally gone to Republicans, but seldom. And in presidential elections, Maryland has voted Democratic consistently since 1992.” – David Karol

*Credit: David Karol/University of Maryland*

Republican Mike McKay has represented Western Maryland in the Maryland General Assembly since 2015, first as a delegate and, for the last year, as a senator. He said his constituents have felt out of step with their overwhelmingly liberal Democrat fellow Marylanders. In 2021, then-Del. McKay and five other Republican lawmakers floated the idea of Garrett, Allegeny and Washington counties seceding from Maryland to become a part of West Virginia. They wrote a letter to the Republican leaders of West Virginia’s legislature to gauge their interest. It was a very, *very* long shot.

“We sent a letter and it became a dumpster fire, to be perfectly honest,” said McKay. “Everybody went crazy – ‘How are you leaving?’ Yada yada yada. And two of our members backed out. And the rest of us out of respect really just went our separate ways.”

McKay said his constituents are more aligned with West Virginia on abortion, too. He described himself as “pro-life” and said the Women’s Health Center of Maryland is not wanted or needed.

“I had a reporter from the Washington Post call me and do an interview, and she asked me, ‘How do you feel about this abortion clinic just moving across the state line, across the Potomac?’ I said, there’s never been a need for it. If there was a need for Planned Parenthood to move here, if there was actually this need, they would have been here by now. We have had women’s health clinics here for years. Probably 90 percent of everything that Planned Parenthood provides for women. And it’s important. That 90 percent is important to urban and rural women. It’s the abortion part that I say has been forced on our community, because Annapolis and Charleston had totally two different views, and our community has had to deal with the aftermath.” — Sen. Mike McKay

*Credit: Trey Kay/West Virginia Public Broadcasting*

Katie Quiñonez said she’s not forcing anything on Western Maryland.

“We did a market analysis and looked at what health care was available in those counties in mountain Maryland. And we found that not only was there not an abortion provider, the nearest abortion providers for the people living in mountain Maryland were at least 100 miles away in any direction. But there was also a real lack of reproductive health care, outside of a hospital system located in Cumberland. And then beyond that, we met directly with folks on the ground living and working in those communities to determine that, yes, there is a need here. Not only do we need abortion access, we need reproductive health care.” — Katie Quiñonez

*Credit: Trey Kay/West Virginia Public Broadcasting*

This is what abortion care has become after the fall of Roe: a state-by-state fight over access, where abortion rights are determined by the lines on a map. The state line that divides West Virginia and Maryland runs through mountain communities that are alike in their topography, their culture and their political affiliations.

But on one side of that state line, abortion is legal, while on the other side, abortion is a criminal offense.

ACLU Files Federal Lawsuit Against W.Va. Abortion Ban: Women’s Health Center Of West Virginia v. Sheth

West Virginia abortion providers and advocates filed a lawsuit Wednesday in federal court challenging multiple provisions of HB 302, the state’s near-total abortion ban passed in 2022.

Plaintiffs in the case are asking for an injunction blocking the entire ban while providers make their case in court. The suit says the ban is both irrational and unconstitutional.

One complaint is that HB 302 was passed through the West Virginia Legislature in less than 24 hours, in the aftermath of the Supreme Court overturning Roe v. Wade.

West Virginia Attorney General Patrick Morrisey issued a statement almost immediately after the filing.

“We are ready to defend West Virginia’s abortion law to the fullest. This law reflects the will of the majority of the citizens of the state as relayed by their elected representatives in the State Legislature,” he said. “I will stand strong for the life of the unborn and will not relent in our defense of this clearly constitutional law.”

On Sept. 13, 2022, the West Virginia Legislature reconvened in a special session and passed House Bill 302, outlawing abortion in West Virginia, with limited exceptions. In instances of legal abortion, the procedure is limited to M.D.s and Doctors of Osteopathic Medicine.

West Virginia had a law on the books banning abortion since before it became a state. The original code was enacted in 1849. The state’s lone abortion clinic, the Women’s Health Center of West Virginia, joined a group of reproductive rights activists in quickly filing suit to have that 19th century law enjoined.

Now, plaintiffs in the case, Women’s Health Center of West Virginia and a local abortion provider, are asking the U.S. district court to issue an injunction blocking the entire ban pending a hearing.

Under HB 302, if any portion of the law is determined to be unconstitutional, the entire law must be struck down.

The American Civil Liberties Union, ACLU of West Virginia, Mountain State Justice, and the Cooley law firm filed the lawsuit in the U.S. District Court for the Southern District of West Virginia on behalf of Women’s Health Center of West Virginia.

Us & Them: Post-Roe Mountain State

The landscape of abortion law is changing. On this episode of Us & Them, we consider what will happen in West Virginia in a post-Roe world?

There’s a lot of energy and movement on abortion policy and law this fall. Some states have defined their position with five states offering ballot measures to protect or further restrict access to abortion.

Since the U.S. Supreme Court overturned Roe v. Wade in June, plenty of people feel like one side has won and the other has lost. But how is this power shift playing out for people on the front line of the issue? How are individuals and groups facing what comes next in this post-Roe world?

In this episode of Us & Them, two West Virginia women, an abortion rights advocate and an abortion rights opponent, outline their perspectives on where we are in this moment and what’s ahead.

This episode of Us & Them is presented with support from the West Virginia Humanities Council, the Greater Kanawha Valley Fund, the CRC Foundation and the Daywood Foundation.

Subscribe to Us & Them on Apple Podcasts, NPR One, RadioPublic, Spotify, Stitcher and beyond.

Emily Womeldorff, Advocacy Campaigns Director for Planned Parenthood Vote South Atlantic, speaking at the “Bans Off Our Bodies Rally” in front the Monongalia County Courthouse in October 2021.

Wanda Franz, President of West Virginians for Life

Please Pass The Politics

In the run-up to the 2022 Midterm Elections, the Us & Them dinner party crew finally met face to face! They disagree on many things, including the 2020 Election and January 6. It’s not a surprise that there was plenty of conversation about the Supreme Court’s ruling over abortion access. After 2 years of COVID-19 social distance, the crew gathered like a family around one table, breaking bread, talking politics and trying to understand their differences.

It’s time for our Us & Them dinner party crew to share a meal in person!

This remarkable group of people has been meeting for two years, virtually, to talk across their social and political divides. There’s a lot they disagree on and there are moments of awkward concern at the table as they navigate that space.

In this new episode, we’re together to talk and listen and try to understand a little more about each other. Our guests agree that sharing food and views enhances a sense of camaraderie and helps us really see each other. This Us & Them dinner party episode offers respectful talk across the table.

This episode of Us & Them is presented with support from the West Virginia Humanities Council, The Greater Kanawha Valley Foundation, the CRC Foundation and the Daywood Foundation.

Subscribe to Us & Them on Apple Podcasts, NPR One, RadioPublic, Spotify, Stitcher and beyond.

Trey Kay with the Us & Them Dinner Party Crew: Felicia Bush, Anne Cavalier, Karen Cross and Jay Gould.

Us & Them host Trey Kay presents the serving table to his Dinner Party guests.

Sharon Smith Banks joins the Us & Them Dinner Party virtually.

The Us & Them Dinner Party Crew share their thoughts about abortion.

Judge Grants Injunction, W.Va. Abortions Effectively Allowed Again

A Kanawha County judge granted an injunction Monday denying enforcement of a 19th century law banning abortions. Following the ruling, the Woman’s Health Center of West Virginia announced publicly it will return to provide reproductive health care that includes abortions.

After a hearing of an hour and 20 minutes, Kanawha County Circuit Court Judge Tara Salango ruled that the varied laws on the West Virginia state books regarding abortion were conflicting and confusing. In light of that, she granted a temporary injunction against the original law, effectively allowing abortions again in the state.

“The plaintiffs and their patients, especially those who are impregnated as a result of a rape or incest, are already suffering irreparable harm in the absence of an injunction,” Salango said. “Defendants will suffer no injury from this injunction that is not suffered from the prior half century of non-enforcement of this crime. It is inequitable to allow the state of West Virginia to maintain conflicting laws on its books.”

Attorneys representing the Women’s Health Center of West Virginia, the only abortion clinic in the state, argued that a 19th Century law making all abortions a felony was not valid due to newer more permissive abortion rulings.

The defendants’ attorneys were represented by Attorney General Patrick Morrisey and Kanawha County Prosecutor Chuck Miller.

Morrisey had argued that the 19th Century law was never repealed by the West Virginia Legislature, so it remains valid.

The criminal law, dating back to West Virginia’s earliest days, calls for 3 to 10 years in prison for being found guilty of administering an abortion, and if the mother should die, it would be murder.

Salango asked the defendants if someone today shot and killed a pregnant woman and her fetus, would that not be murder, punishable by life in prison? She asked how that would compare to the old criminal law of abortion murder punishable by 3 to 10 years imprisonment. The attorney answered that every case is judged on its individual merits.

Salango said state code is replete with examples of undeniable conflicts in abortion laws.

“In this instance, we have conflicting statutes, one of which was drafted in 1849, and several of which have been drafted more recently, including one that went into effect last month,” Salango said

She said both the legislative and executive branches have acknowledged the conflicts present in the law and the need for legislative revision.

“It simply does not matter whether you are pro-choice or pro-life,” Salango said. “Every citizen in this state has a right to clearly know the laws under which they are expected to live.”

Following the ruling, Attorney General Patrick Morrisey issued a statement saying the statutes do not conflict and he will appeal the decision.

“This is a dark day for West Virginia,” Morrisey said. “We will appeal this decision to the Supreme Court of Appeals as soon as legally possible. As a strong pro-life advocate, I am committed to protecting unborn babies to the fullest extent possible under the law, and I will not rest until this injunction is lifted. The current law on the books calls for the protection of life.”

Last month, after the U.S. Supreme Court overturned Roe v. Wade, the Women’s Health Center of West Virginia, the state’s only abortion provider, immediately stopped providing the care. Gov. Jim Justice indicated he would call the state legislature back into session to address any issues with the 1849 law, but so far has not done so.