“A daily reminder of an ugly incident  … ”: analysis of debate on rape and incest exceptions in early abortion ban legislation in six states in the southern US

Abortion bans in the United States often include provisions for abortion in the circumstances of rape or incest experience. Such exceptions have been included in important legislation like the Hyde Amendment, 2003 Partial-Birth Abortion Ban Act, 2010 Affordable Care Act, and state and federal legisl...

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Main Authors: Dabney P. Evans, Liesl Schnabel, Kathryn Wyckoff, Subasri Narasimhan
Format: Article
Language:English
Published: Taylor & Francis Group 2023-12-01
Series:Sexual and Reproductive Health Matters
Subjects:
Online Access:https://www.tandfonline.com/doi/10.1080/26410397.2023.2198283
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author Dabney P. Evans
Liesl Schnabel
Kathryn Wyckoff
Subasri Narasimhan
author_facet Dabney P. Evans
Liesl Schnabel
Kathryn Wyckoff
Subasri Narasimhan
author_sort Dabney P. Evans
collection DOAJ
description Abortion bans in the United States often include provisions for abortion in the circumstances of rape or incest experience. Such exceptions have been included in important legislation like the Hyde Amendment, 2003 Partial-Birth Abortion Ban Act, 2010 Affordable Care Act, and state and federal legislation banning abortion in early gestation. Thus, examination of these laws is critical given the 2022 Supreme Court decision to devolve legal access to the state level. This study examines arguments made by proponents and opponents of rape and incest exceptions within early abortion ban legislation using publicly available video archives from legislative sessions in six Southern states. A narrative analysis was conducted on the legislative debate of rape and incest exceptions during the 2018–2019 legislative sessions. We found three core themes when examining legislative debate: belief in people’s claims underpinned opposition or support for exceptions; opinions about trauma were related to views on exceptions; and exception supporters called for empathy and non-partisanship in consideration of rape and incest. Additionally, support and opposition for the inclusion of rape and incest exceptions in draft law did not follow party lines. This study seeks to deepen understanding of the strategies used by legislators to promote and rebuff rape and incest exceptions in early abortion legislation while providing greater opportunity for tailored reproductive health, rights, and justice advocacy and policy, especially in the context of the US South where abortion access is now extremely restricted.
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spelling doaj-art-0d17618547024d87a705605c82b195482025-08-20T03:28:02ZengTaylor & Francis GroupSexual and Reproductive Health Matters2641-03972023-12-0131110.1080/26410397.2023.2198283“A daily reminder of an ugly incident  … ”: analysis of debate on rape and incest exceptions in early abortion ban legislation in six states in the southern USDabney P. Evans0Liesl Schnabel1Kathryn Wyckoff2Subasri Narasimhan3Associate Professor, Hubert Department of Global Health, Rollins School of Public Health, Emory University, Atlanta, GA, USA;Reserch Assistant, Hubert Department of Global Health, Rollins School of Public Health, Emory University, Atlanta, GA, USAPublic Healht Program Associate, Hubert Department of Global Health, Rollins School of Public Health, Emory University, Atlanta, GA, USAResearch Assistant Professor, Hubert Department of Global Health, Rollins School of Public Health, Emory University, Atlanta, GA, USAAbortion bans in the United States often include provisions for abortion in the circumstances of rape or incest experience. Such exceptions have been included in important legislation like the Hyde Amendment, 2003 Partial-Birth Abortion Ban Act, 2010 Affordable Care Act, and state and federal legislation banning abortion in early gestation. Thus, examination of these laws is critical given the 2022 Supreme Court decision to devolve legal access to the state level. This study examines arguments made by proponents and opponents of rape and incest exceptions within early abortion ban legislation using publicly available video archives from legislative sessions in six Southern states. A narrative analysis was conducted on the legislative debate of rape and incest exceptions during the 2018–2019 legislative sessions. We found three core themes when examining legislative debate: belief in people’s claims underpinned opposition or support for exceptions; opinions about trauma were related to views on exceptions; and exception supporters called for empathy and non-partisanship in consideration of rape and incest. Additionally, support and opposition for the inclusion of rape and incest exceptions in draft law did not follow party lines. This study seeks to deepen understanding of the strategies used by legislators to promote and rebuff rape and incest exceptions in early abortion legislation while providing greater opportunity for tailored reproductive health, rights, and justice advocacy and policy, especially in the context of the US South where abortion access is now extremely restricted.https://www.tandfonline.com/doi/10.1080/26410397.2023.2198283abortionreproductive justicerapeincestsexual violencegender-based violence
spellingShingle Dabney P. Evans
Liesl Schnabel
Kathryn Wyckoff
Subasri Narasimhan
“A daily reminder of an ugly incident  … ”: analysis of debate on rape and incest exceptions in early abortion ban legislation in six states in the southern US
Sexual and Reproductive Health Matters
abortion
reproductive justice
rape
incest
sexual violence
gender-based violence
title “A daily reminder of an ugly incident  … ”: analysis of debate on rape and incest exceptions in early abortion ban legislation in six states in the southern US
title_full “A daily reminder of an ugly incident  … ”: analysis of debate on rape and incest exceptions in early abortion ban legislation in six states in the southern US
title_fullStr “A daily reminder of an ugly incident  … ”: analysis of debate on rape and incest exceptions in early abortion ban legislation in six states in the southern US
title_full_unstemmed “A daily reminder of an ugly incident  … ”: analysis of debate on rape and incest exceptions in early abortion ban legislation in six states in the southern US
title_short “A daily reminder of an ugly incident  … ”: analysis of debate on rape and incest exceptions in early abortion ban legislation in six states in the southern US
title_sort a daily reminder of an ugly incident analysis of debate on rape and incest exceptions in early abortion ban legislation in six states in the southern us
topic abortion
reproductive justice
rape
incest
sexual violence
gender-based violence
url https://www.tandfonline.com/doi/10.1080/26410397.2023.2198283
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