The North Dakota Supreme Court reinstated the state’s expansive abortion ban last month. The law only allows abortion up to six weeks in cases of rape or incest and when the life of the mother is in danger. Unlike proposed pro-life legislation in other states, the North Dakota law places the punishment for abortion where it belongs. And that’s not with the mother.
As PBS reports, “The law makes it a felony crime for anyone to perform an abortion, though it specifically protects patients from prosecution. Doctors could be prosecuted and penalized by as much as five years in prison and a $10,000 fine.”
Protecting post-abortive women from prosecution may be a controversial feature of the law to certain actors on the Right. But in reality, it is in keeping with the pro-life movement. This doesn’t mean an unborn child’s life is valueless. Instead, it is a tacit admission that women who have abortions are also victims. Quite often, these women are pressured, have no personal support, or do not understand the life-affirming options available to them.
On the other hand, doctors who perform abortions are both emotionally removed from the decision and are perhaps repeat offenders who view abortions as routine, money-making transactions. The North Dakota law is clear about the sanctity of life and soberly applies the blame.
According to the most recent map by the Center for Reproductive Rights, abortion is protected in 14 states and has expanded access in 11 states. In five states, abortion is not protected; 13 states are hostile to abortion; and in 13 states, which now include North Dakota, abortion is illegal.
The abortion industry and its most enthusiastic supporters, including voters, remain energized by their mammoth loss with the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization. Pro-life legislators must continue to craft policies that make realistic gains, not tear down all that has been accomplished with extreme measures.
Vulnerable women who live in states such as North Dakota need compassion and support when seeking help during unintended or unwanted pregnancies. They don’t have to become the women who travel to other states to obtain abortions. Instead, they can be success stories for the pro-life cause, aided by strong grassroots networks.
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The usual suspects view North Dakota as a place that is hostile to women and their healthcare. At the other end of the spectrum, some might think it can’t be counted as a pro-life state because it has a small population and has never had a huge abortion industry. Neither is true.
However small it may seem, any step that protects life and acknowledges that women are also victims is a move in the right direction. North Dakota is leading by example.
Kimberly Ross (@SouthernKeeks) is a contributor to the Washington Examiner’s Beltway Confidential blog and a contributor to the Magnolia Tribune.
