Kim Clark: The right to abortion is safe in Washington - for now.

By Kim Clark

Whatever the outcome in Dobbs v. Jackson Women’s Health Organization, the Supreme Court case in which a draft opinion overruling Roe v. Wade just leaked to the public, the right to abortion is guaranteed by Washington law. That means that abortion will still be legal in the state of Washington. But it doesn’t mean that Washington won’t be impacted by the decision.

Once the Supreme Court issues its final decision, abortion providers in Washington are anticipating a massive increase in patients coming from neighboring states. Without additional funding (to provide care to out-of-state residents, train additional providers, etc.) this will constrain the availability of care in Washington.

There are other threats, as well. Anti-abortion activists have made clear that they will not rest until abortion is illegal everywhere. We can expect that anti-abortion states will make every attempt to assert jurisdiction over abortions obtained by their residents either partially or even entirely outside of their borders. Like all states, Washington has uniform laws requiring cross-state cooperation with the legal processes of other states: e.g. subpoenas, requests for extradition, and civil and criminal investigations. Will the state of Washington facilitate lawsuits that are brought under other states’ laws against abortion providers in Washington?

Could claims in other states lead to increases in Washington providers’ malpractice insurance rates? Or discipline by licensing boards? How will this impact providers’ willingness to continue offering abortion care?

These are not the only challenges facing providers and patients. Reproductive health clinics across the state have seen a dramatic increase in threatening and intimidating behavior by protesters, the aim of which is to obstruct access to clinics and terrorize patients and providers alike.

Meanwhile, crisis pregnancy centers, which are prolific in Washington, serve as breeding grounds for radicalizing the activists outside the clinics. They also collect massive amounts of money and patient data to advance the anti-abortion movement. (Most crisis pregnancy centers are not subject to HIPAA or any other restrictions on how they use patient data). With this well-oiled machinery in place, the anti-abortion movement continues to gain steam.

Those who stand to suffer the most are pregnant people from marginalized communities who lack the resources to get to a state like Washington to access care. For people of color who already face disproportionately high rates of maternal mortality and morbidity, being forced to carry a pregnancy to term against their will could mean the difference between life and death. Being forced to carry a pregnancy to term has grave consequences for survivors of intimate partner violence as it dramatically increases the risk of further violence, including homicide. For those who exist at the intersection of multiple forms of oppression, the consequences will be even more dire.

Suffice it to say that Washington has a lot of work to do to expand funding for care; protect providers against claims under other states’ backward laws; and protect patients and providers alike from harassment and intimidation by anti-abortion activists. Fortunately, advocates and providers in Washington and throughout the Northwest stand ready to meet this challenge and will not stop until all people enjoy true reproductive justice.

For those who are concerned about the future of reproductive freedom, the time to act is now. Support your local abortion funds; take to the streets to protest; and spread the word that abortion is still legal in this country and will be in Washington regardless of what the U.S. Supreme Court has to say.

Kim Clark serves as senior attorney for reproductive rights, health and justice at Legal Voice, a legal advocacy organization that advances gender justice throughout the Pacific Northwest through impact litigation, policy advocacy and community education and outreach. She lives in Seattle.