Approximately eight years ago, I experienced a missed miscarriage, often referred to as a missed abortion. After several ultrasounds revealed a declining fetal heartbeat and weeks of uncertainty, my doctor recommended a dilation and curettage (D&C) to clear my uterus.
That fateful Thursday, I remember well. When life takes an unexpected turn, you don’t easily forget the details — like the day you make the heart-wrenching decision to undergo a procedure to prevent bleeding out on your bathroom floor.
When I scheduled the appointment for the following Monday, my doctor cautioned me that the miscarriage might not be complete by then. If a heartbeat was still detected, I would need to decide whether or not to proceed with the procedure. In essence, I might face the decision of whether to have an abortion.
Come Monday, there was no heartbeat. I entered the hospital wearing comfortable clothes, carrying the burden of a lifeless fetus within me, and by the afternoon, I left with an empty uterus. I was spared the difficult choice, but had I faced it, I would have chosen the procedure. The emotional toll was immense, and I had a two-year-old son to care for; the waiting and uncertainty would have only deepened my anguish.
Fortunately, my healthcare providers were empathetic, and my husband was supportive. The procedure was conducted with dignity and respect. Sadly, not all women are afforded such kindness.
This past summer, just days after the U.S. Supreme Court invalidated a Texas law restricting abortions, a new regulation was proposed in Texas mandating that women’s health clinics must bury or cremate embryonic and fetal tissue from abortions, miscarriages, or ectopic pregnancies, irrespective of a woman’s wishes or the pregnancy’s stage. Lawmakers approved this regulation, which was set to be enforced on December 19, until a lawsuit was filed by several Texas women’s health clinics aiming to halt the imposition of these rules.
The plaintiffs argue that these regulations create unnecessary burdens for women seeking pregnancy-related medical care. They impose a funeral ritual on women who have experienced a miscarriage or an abortion, threaten women’s health and safety by neglecting to provide safe disposal options for tissue, and limit healthcare providers to a small number of vendors for burial or cremation, potentially jeopardizing the availability of abortion services. As stated in the complaint, “The Regulation has no public health benefit. It does nothing to improve public health or safety.”
On December 15, U.S. District Judge Sam Sparks granted a temporary restraining order, blocking the Texas Department of State Health Services from implementing these mandates until a hearing scheduled for January 3 and 4, with a decision expected shortly thereafter. This initial victory is merely a step in a longer legal battle.
Texas health officials claim the rules aim to protect the “dignity” of the unborn and prevent the spread of disease. However, women’s health advocates see through this justification. “This isn’t about health and safety,” said Rachel Williams, an attorney representing the plaintiffs. “The law treats embryonic and fetal tissue differently from other human tissues without any valid reason, simply to ensure ‘respect’ for ‘the unborn.’ Yet they suggest abortion providers could freeze all tissue for mass cremation, which raises questions about dignity.”
The lawsuit also argues that these regulations conflict with the U.S. Supreme Court’s ruling, which prohibits imposing burdens on a woman’s right to access abortion care without medical justification. Medical organizations and legal experts widely object to the regulations, affirming that they offer no public health benefit and intensify the stigma surrounding abortion. Even the funeral industry has raised concerns about the implications of the law.
Moreover, this new regulation poses real dangers. By increasing costs and obstacles to obtaining an abortion, it may drive several providers to close and force women to seek care at home, potentially leading to dire or fatal outcomes. “The law imposes an undue burden on women and is unconstitutional,” emphasized Williams.
Regrettably, the rights of women regarding health care are likely to face similar challenges with the incoming administration. With promises to nominate anti-abortion justices and cut funding for critical services, the landscape for reproductive health care is precarious. Activism is essential: “People need to speak out,” Williams urged. “Put pressure on your elected officials and ensure your voices are heard.”
Beyond financial burdens, the emotional toll cannot be overlooked. Under the proposed Texas law, my own missed miscarriage would have been subjected to these regulations. I managed to heal because I was allowed to grieve in my own way and at my own pace. Had I been forced into additional rituals or faced scrutiny, I doubt my healing would have been as effective.
Regardless of one’s stance on abortion, whether you refer to the procedure as an abortion or a D&C, no one makes such a decision lightly. There are myriad reasons why a woman may terminate a pregnancy, and those reasons are deeply personal and should remain private. Anyone who hasn’t endured the heartbreak of miscarriage or abortion cannot fully grasp the emotional toll involved.
Being pro-life should encompass caring for all lives, including the woman undergoing the procedure. During such challenging times, compassion and understanding are critical, not judgment or extra obstacles. Anything less is not only unconstitutional; it is inhumane.
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In summary, women who experience miscarriages or abortions deserve empathy and support rather than judgment and additional legal burdens. The proposed laws in Texas and similar measures elsewhere risk increasing the stigma around these deeply personal experiences, all while undermining women’s health care rights.