Not much will change quickly in Massachusetts regarding access to abortion. Through legislation and executive order, the state has set itself up for maintaining and expanding legal abortion. However, those actively working to support pregnant women and their unborn babies have pledged to increase their efforts.
On June 24, the nearly 50-year-old Roe v. Wade ruling was overturned by the United States Supreme Court in the case of Dobbs v. Jackson Women’s Health Organization. The case called into question whether all pre-viability prohibitions on elective abortions are constitutional. In a 6-3 ruling, the Court upheld the Mississippi law banning abortion after 15 weeks, and in a 5-4 decision ruled that there is no constitutional right to abortion, subsequently overruling Roe v. Wade (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992).
In anticipation of such a ruling, in December 2020, a vote by the Massachusetts Senate expanded access to abortions by lowering the age of a woman seeking an abortion without the consent of a parent from 18 to 16. Additionally, the passage of the 2020 ROE Act allows abortions after 24 weeks of pregnancy in the instance of a fatal fetal anomaly or when deemed necessary by a physician “to preserve the patient’s physical or mental health.”
Despite there not being a “constitutional right” to abortion, and due to the passage of the ROE Act and current state legislators, Massachusetts is likely to continue to be a state that grants access to abortion.
“There won’t be a serious effort to restrict abortion, it is what it is ... there is already an effort to protect providers of abortion in Massachusetts,” says James F. Driscoll, executive director of the Massachusetts Catholic Conference, the public policy arm of the state’s four bishops. Mr. Driscoll cited the executive order passed by Gov. Charlie Baker following the recent Supreme Court decision. According to Gov. Baker, the order seeks to “further preserve that right and protect reproductive health care providers who serve out of state residents.”
Mr. Driscoll stated, “I would not be surprised if the legislature in Massachusetts would make an effort to mirror what Governor Baker’s executive order says.” Currently, the order instructs that state agencies do not have to cooperate with legal proceedings in other states looking to build a case against a non-Massachusetts resident or agency regarding the issue of abortion, according to Mr. Driscoll.
The two-term Republican governor is not running for reelection this year. The 2022 candidates have opposite positions on the abortion issue.
Following the Supreme Court decision, Geoff Diehl, a Republican-endorsed candidate running for governor along with Leah Allen, running for lieutenant governor, released a joint statement: “We both believe in protecting innocent life wherever possible, and we support the court’s decision for its proper interpretation of our Constitution, which takes the question of abortion and places it in the province of the states, where it belongs.”
Maura Healy, the Democrat candidate running for governor states on her website that, “it will be on our next governor to continue to protect access to safe and legal abortion in Massachusetts, break down systemic barriers to these services, and expand access to comprehensive reproductive care for all.”
Regardless of the laws in place to keep abortion legal in Massachusetts, there is a glimmer of hope for the unborn and the mothers and fathers affected by abortion in this state.
On June 24, Myrna Maloney Flynn, president of Massachusetts Citizens for Life said, “Our work is just beginning, as we aim to bridge the great cultural chasm that Roe v. Wade created. We will not stop working to save the lives of innocent unborn human beings. We will not cease our efforts to understand the needs of their mothers and to extend love and support to every woman who faces a crisis during pregnancy. Women deserve better than abortion. Women and men deserve the truth. … There is no doubt, we have our work cut out for us here in Massachusetts where legislators appear hellbent on making Massachusetts the abortion capital of the country, even up until the moment of birth.” Despite the work that must continue in Massachusetts, Mrs. Maloney Flynn stated, “All of us at Massachusetts Citizens for Life and our thousands of members around the state are dedicated to educating the public about the humanity of the unborn and the resources available to pregnant women who need assistance.”
Patricia Stewart, executive director at Massachusetts Citizens for Life told The Catholic Free Press that interests of the organization “include preserving prenatal life at all stages of prenatal development, eliminating barbaric medical procedures, and minimizing fetal pain.” She said Massachusetts Citizens for Life, “will continue to work with legislators to pass pro-life laws that protect the rights of women with unplanned pregnancies.” Mrs. Stewart said education is necessary for individuals who will make “life-altering” choices. She says this is “vitally important because understanding the development of an unborn child confirms her humanity, making abortion unthinkable.”
Going forward, Massachusetts Citizens for Life plans to “help establish an expanded network of services, suppliers, and support resources for women with unplanned pregnancies to allow them to manage their pregnancy on a wider, more comprehensive scale than is currently available in Massachusetts.” This plan seeks to support women and relieve their fear when facing an unplanned pregnancy to “welcome their newborn to the wonder of life and be assured that they are not alone.”
The state’s four bishops recognize the need for the Church to increase its support for women considering abortion, both in practical and legal ways.
Following the decision of Dobbs v. Jackson Women’s Health, Cardinal Sean Patrick O’Malley of the Archdiocese of Boston stated that the Catholic Church’s position regarding the protection of unborn children is “consistent with our advocacy for issues affecting the dignity of all persons at all stages and in all circumstances of life. ... It is a position that presents a moral argument as a foundation for law and policy to protect human life ...” He goes on to state that the consequences of Roe v. Wade “have permeated the political, legal, and social fabric of American life ... It is my hope that this new chapter may be a time of a different tone and focus in our civic life.”
Bishop McManus of the Diocese of Worcester called on Christians to “respond with charity” to the unborn child “whose dignity deserves our respect and legal protection, to the mother who is afraid, alone or whose life may be in jeopardy,” and “for all citizens who struggle with this most divisive issue in our country and our world.”
Bishop William D. Byrne of the Diocese of Springfield cites the work that the diocese will continue to do on behalf of women struggling with unplanned pregnancies. “Here in the Commonwealth of Massachusetts we still have much work to do so that all citizens recognize the sanctity of all human life. We continue to work, advocate and pray,” said Bishop Byrne.
Bishop Edgar M. da Cuhna of the Diocese of Fall River stated the Church’s opposition to abortion “comes not only from its teaching on the sanctity of life from the moment of conception, but also from a moral imperative that transcends any religious doctrine: Developing life is human life and as such deserves the protection of the law.” He called on society “rooted in Christian and family values” to “advocate for both federal and state laws that ensure that no mother or family lacks the basic resources needed to care for their children.”
PHOTO: Pro-life demonstrators are seen near the Supreme Court in Washington June 15, 2022. The court overruled the landmark Roe v. Wade abortion decision in its ruling in the Dobbs case on a Mississippi law banning most abortions after 15 weeks June 24. (CNS photo/Tyler Orsburn)