STATEMENT OF LINDA SCHLUETER
Vice President and Senior Staff Attorney
The Justice Foundation
Statement to the South Dakota Task Force to Study Abortion, October 20, 2005
Ladies and Gentlemen of the Task Force on Abortion:
My name is Linda Schlueter and I am the Vice President and Senior Staff Attorney for The Justice Foundation, a nonprofit legal foundation that represents clients free of charge in landmark cases. Thank you for the opportunity to share with you the compelling evidence that abortion hurts women. I am honored to speak before this distinguished body and privileged to present to you the sworn testimony of approximately 1,500 women who have had one or more abortions. Mr. Chairman, at this time, I would like to enter into the record these affidavits consisting of volumes 1-3.
I would like to address three main areas: (1) the process of collecting these sworn affidavits; (2) based on the evidence, the impact that abortion has had on women since it was legalized under Roe v. Wade; and, (3) whether abortion is voluntary and constitutes an appropriate legal waiver or termination of rights.
I. The Process of Collecting Sworn Affidavits.
The Justice Foundation represents Norma McCorvey, the Roe of Roe v. Wade. In 1970, Norma believed that an abortion would help her. However, she was not told about any physical, emotional, or psychological consequences. By 1973 when the Supreme Court decided the case, she had placed her baby for adoption and never had an abortion. Thus, like many theoretical supporters of abortion, she had no first-hand experience with abortion. But subsequently, she worked in several abortion clinics and saw abortion first-hand --- the crying women, baby parts, inadequate counseling, the lack of informed consent, and no real doctor-patient relationship. She came to understand through her first-hand experience, as well as from the testimony of women who had experienced abortion, that abortion hurts women.
It is highly unusual that a successful party would return to court and ask for the case to be overturned due to changed factual and legal conditions. However, the reality of abortion practice can change the mind of anyone willing to look at the evidence as it did for Norma McCorvey. These affidavits were collected during that process because the real life experiences of women who have had an abortion are the ones who know the reality that abortion hurts women. It is not simply a 10 minute procedure --- it is a lifetime of pain and suffering which may start immediately or years later as the sworn affidavits attest.
The sworn affidavits were collected from women all across this Nation. Sharing their testimony was not an easy process because of the hidden pain associated with abortion. For some women, it took six months to years to actually complete the affidavit because of their pain. For others, it is still a secret that they cannot bring themselves to share so no affidavit was done. For example, a woman that I talked to told me of the physical and psychological consequences that she experience but was unwilling to do an affidavit for fear that her family would learn of the deep and painful secret she had carried for so many years. Her story is not uncommon.
The sworn affidavits are in the women’s own words. Most are hand written, some are typed. These women have nothing to gain, benefit, or profit from their testimony, except to see other women are not hurt as they were. They simply want you to know the truth about abortion and their personal experience. We have not edited or in any other way influenced or altered the affidavits. We have redacted the women’s names and addresses to protect their privacy. The volumes that have been submitted into the record are in no particular order such as by state. But it is clear from the evidence, no matter what state they are from or ethnic background, the effects of abortion are similar because of the physical, emotional, and psychological consequences that affect women.
II. The Impact that Abortion Has Had on Women Since It Was Legalized under Roe v. Wade.
There have been many significant changes since Roe v. Wade in 1973, including evidence of psychological and physical harm to women. The Justice Foundation believes that the evidence presented here is the largest body of direct, sworn testimony that is available anywhere in the world. It is much more reliable than survey data since they have sworn to tell the truth. I urge you to read what the women say as they share their real life experiences with abortion. But I would like to highlight for you the impact that women have experienced since Roe v. Wade legalized abortion.
In 1973, abortion was illegal in most states and relatively rare. No evidence existed then regarding how widespread, legalized abortion would actually affect women. At the time, the Supreme Court made the assumption that abortion would be good for women. The evidence now shows abortion is merely a short-term “solution” with long-term negative and harmful consequences. Let me give you a few examples of what women say, directly from the sworn affidavit evidence:
Scherrie says, “Twenty-five years later, I still cannot talk about it without tears and pain in my heart…It all looks simple on paper and seems like an easy way out of a bad spot, but no one tells you that the easy way out will cost you later in emotional damage and physical problems.” (Bate stamp number 001351)
Nora says, “It never goes away and you will always think of what could have been and the anger of how the government allows this hideous procedure.” (Bate stamp number 000314).
L.M.C. says, “[I]t hurts women physically and emotionally! That it does not end when you leave the clinic.” (Bate stamp number 000305).
Dianne says, “I didn’t know that the hurt would never go away.” (Bate stamp number 000398)
Nicole says, “Abortion is so devastating that I would never do it again – even at the cost of my own life.” (Bate stamp number 00281).
However, these testimonies and the approximately 1,500 affidavits are only the tip of the abortion iceberg. Care Net and other pregnancy resource centers attest that their organizations had over 100,000 women in post-abortion recovery programs in 2004 alone.
Abortion has negative psychological effects on women. Recently, in Women’s Medical Center v. Bell, the court cited testimony that abortion as practiced is “almost always a negative experience for the patient…” Women’s Medical Center v. Bell, 248 F.3d 411, 418 (5th Cir. 2001). Contrary to the non-evidence based assumption made by the Supreme Court, abortion does not enhance female dignity, self-esteem, and autonomy.
In addition, women are overwhelmed with guilt and depression for years after having the abortion. In the Women’s Affidavits, post-abortive women were asked: “How has your abortion affected you?” The affidavits are filled with heartbreaking statements about the devastation caused by their abortions. For example, Amy Marie said, “It devastated me. I had nightmares, flashbacks, fits of rage, uncontrollable crying, trouble sleeping, and could not look at pregnant women or children without feeling hurt, anger, and guilt.” (Bate stamp number 1302). You can select almost any affidavit at random and read about the devastation. Certainly, the women know far better than anyone else how their abortion devastated them.
Dr. David Reardon, Ph.D., one of our medical experts, also submitted affidavits and cited over 300 medical and scientific articles or studies concerning abortion. Dr. Reardon stated:
“Newly found research has discovered that women who abort, compared with women who carry their pregnancy to term are more likely to require psychiatric care, to suffer from anxiety, sleep disorders, sexual dysfunction, eating disorders, promiscuity, depression, and other negative emotions, which can cause behavioral problems in the children born to them subsequently. They are more likely to remain on Medicaid longer, to have more subsequent health care claims, and to have more subsequent pregnancies and miscarriages. In addition, aborting women are more likely to commit suicide, abuse drugs or alcohol, and have higher rates of divorce.”
There are also a wide range of physical effects. As the Women’s Affidavits and the scientific evidence demonstrate, there are many serious physical complications that can result from abortion. These complications are not only hazardous to the immediate well being of the mother, but they can also have lasting effects on her health and the health of her subsequent children.
Mr. Chairman, I would also like to enter into the record a copy of the pamphlet entitled “A Woman’s Right to Know,” produced by the Texas Department of Health (TDH). On page 2, it explains that at fertilization, “the unborn child has his or her own unique set of DNA material…” that determines the baby’s physical characteristics. The booklet refers to the “unborn child” and the baby’s unique DNA which is certainly contrary to arguments that this is merely a blob of tissue or solely the woman’s body. The booklet goes on to show pictures of the baby from 4 weeks to 38 weeks gestation. Most importantly, it outlines the side effects and risks that may occur as a result of the abortion. On page 16, it also substantiates the serious psychological effects of abortion including “depression, grief, anxiety, lowered self-esteem, regret, suicidal thoughts and behavior, sexual dysfunction, avoidance of emotional attachment, flashbacks, and substance abuse.”
What has been the impact of legalized abortion? After 32 years of abortion experience, we now know that abortion hurts women. There are serious physical and psychological effects that make abortion a short-term “solution” with long-term negative consequences.
III. Whether Abortion Is Voluntary and Constitutes an Appropriate Legal Waiver or Termination of Rights.
Even the Supreme Court recognized that one of the reasons a case should be overruled is if it proves to be unworkable in practice. Planned Parenthood v. Casey, 505 U.S. 833, 854 (1992). Based on the evidence, we believe that underlying assumptions that go to the heart of Roe v. Wade are not the reality of abortion practice today. Let me give you two examples.
First, abortion practice usually does not involve a normal doctor-patient relationship or a voluntary, informed private decision between a woman and her doctor. The real life experiences of the women who have had abortions and the individuals such as Norma McCorvey who have worked in abortion clinics since 1973 show that there is usually not a normal doctor-patient relationship and that the abortion industry does not adequately protect women. As the Women’s Affidavits demonstrate, most women never see their abortionist until the procedure is being performed.
At the heart of Roe is the assumption that the abortion decision should be between a woman and her doctor. The sworn testimony of post-abortive women shows that the abortion industry fails to adequately provide women with the protections of true doctor-patient relationship. On the affidavits, women were asked, “Were you adequately informed of the nature of abortion?” The typical responses demonstrate that they were not. Women were also asked on the affidavits, “Were you adequately informed of the consequences of abortion?” The typical responses demonstrate that they were not. For example, Tina says, “No, I was not told anything about abortion…No one told me of the risks I was taking.” (Bate stamp number 000164).
Second, abortion is usually the result of coercion from relatives, sexual partners, or circumstances. No woman really wants an abortion for its own sake unless they feel as if they had no other choice. The Supreme Court assumed that abortion would be a voluntary, dignity-enhancing woman’s choice. However, the real life experiences of the women, as shared in their sworn affidavits, is that it is usually the result of pressure or coercion from sexual partners, family members, abortion facility workers, abortionists, or circumstances.
On the affidavits, the women were asked, “Did anyone pressure you into having an abortion?” Some common responses include:
Jennifer, “Yes, my family and the counselor at the clinic.” (Bate stamp number 000614).
Janet, “Yes. Mostly my parents but also my then boyfriend.” (Bate stamp number 000677).
Cori Elizabeth, “Yes, my fiancé at the time.” (Bate stamp number 000825).
In addition, many women testify that they would have never considered an abortion, if it were not legal. The irony is that the “abortion choice” gave freedom to others to pressure women into something they did not want and later deeply regretted.
Today, there are other choices. Since 1999, there have been significant changes in the statutory law. South Dakota along with forty-five other states are now willing to completely relieve the burden of childcare for “unwanted children” for all women. S.D. Codified Laws § 25-5A-27 et. seq. (Michie 2001). A child, who appears to be sixty days of age or younger, can be taken to any emergency medical services provider or licensed child placement agency. S.D. Codified Laws § 25-5A-27 (Michie 2001). It is not a crime for a parent to do so if the child has not been harmed. S.D. Codified Laws § 25-5A-28 (Michie 2001). This is compassionate care to women who cannot take care of their children and gives her a win/win choice.
When abortion is not voluntary and insufficient information is given for informed consent, then there cannot be a knowing and legal waiver or termination of rights. Women have a right to know the full risks and consequences of the decision that they are about to make.
Conclusion
After 32 years of legalized abortion, we now know that abortion hurts women. We urge the South Dakota Legislature to take the leadership in banning a procedure that hurts women and is only a short-term “solution” with long-term negative consequences.
