Reflecting on Roe v. Wade: Rutgers Abortion History class begins, new state legislation arises

On January 13, Gov. Phil Murphy (D-N.J.) signed legislation that allows pharmacists to prescribe self-administered contraceptives without the need for a prescription, according to a press release.

In response to the Supreme Court’s overturning of Roe v. Wade, states across the country have taken measures to either protect or revoke reproductive health rights. New Jersey has passed new laws to codify and expand existing reproductive rights.

Last month's bill signing fell on the one-year anniversary of the signing of the state's Freedom of Reproductive Choice Act to ensure access to abortion and contraceptives regardless of the Dobbs v. Jackson Women's Health Organization decision, according to the release. 

Amanda Roberti, an assistant professor in the Department of Political Science at San Francisco State University, said the time and costs of doctors' visits make it difficult for people to obtain a prescription contraceptive, but now they can purchase different kinds of contraceptives from their local pharmacy.

"From marginalized to privileged, more access to contraceptives and expanded reproductive freedom allows folks to be in control of their lives," Roberti said. "Whether it be by controlling when and if they have children, or being able to manage acne, cysts and premenstrual syndrome through hormonal contraceptives."

Erica Goldblatt Hyatt, an associate professor at the School of Social Work, said that people of color, individuals with disabilities and people who identify as LGBTQ+ have had the greatest struggle in receiving reproductive health care.

They also said New Jersey must work toward helping people have easier access to doctors and other medical personnel. They said that allowing people to obtain contraceptives without having to worry about insurance coverage, access to prescriptions or appointments will help individuals and their families control their own health and life decisions. This does not alter the other barriers minority groups face with health care, though.

"We need to closely examine endemic, structural racism that looms large in this state and contributes to our abysmal maternal mortality rate," Hyatt said. "We need to work toward legislation and policy that ensures healthy meals and safe environments to raise children, but this is a good first step in attempting to further enhance the bodily autonomy of all residents of New Jersey."

Roberti said there are 10 states that have taken steps to protect reproductive freedom either through legislative measures or through ballot initiatives during the 2022 U.S. midterm elections.

Minnesota and New York used their state legislature to further protect reproductive rights legislation while Michigan, California and Vermont used ballot measures to do so, she said.

Hyatt said there are four states, along with the District of Columbia, that have added abortion rights to their constitutions. They said that 12 states are allowing abortion before the 24-week gestational age or if there are any risks to the pregnant individual's health.

"States that severely restrict reproductive rights may also restrict the right to gender-affirming health care, which is also problematic," Hyatt said. "People may have to travel to get their health care needs met, and research shows that when people are turned away for abortions, their mental health, and sometimes their physical health, are drastically affected."

Roberti also said there are other factors to consider outside of contraceptives and abortion. She said reproductive freedom extends to issues like fertility, birthing style and life after a child is born.

She said in order to protect reproductive freedom, states need to create laws that will codify and protect every aspect of reproductive health.

This semester, Rutgers has added a course called "Abortion and History" that helps students understand the complexities behind abortion. 

Tia Kolbaba, an associate professor in the Department of Religion and one of the course instructors, said someone approached her about teaching a course on the history of abortion with Johanna Schoen, a professor in the Department of History.

She said that she would teach about the religious discourse and the history behind the court cases, while Schoen would teach about the medical side of the abortion debate.

Kolbaba said she hopes the course will help students have a better understanding of abortion as an issue by learning about its historical discourse and how the practice has changed. There are different ways to talk about this issue, and it is not as simple as it may seem.

"My history and religion contribution is to try and make people see that history and that that it is complicated," she said. "I hope students come away with a sense of how this happened. How we got Roe v. Wade, what was wrong with Roe v. Wade and how it was overturned in spite of the majority of Americans."