Individual freedom and the right to bodily autonomy - the principles behind our understanding of
consent - were the principles upon which many of us assume the Supreme Court's
Roe v Wade decision was based, although the case itself was focused on a citizen's
right to privacy around making decisions concerning her bodily autonomy and medical care. Laws which deny a woman the right to bodily autonomy - including laws that deny a woman the right to control what happens to her own body in favor of giving any potential fetus the "right" to use her body against her will or without her consent - are an unconstitutional denial of individual freedom because they relegate a woman to a legal status that is less than human. The legal precedent that a woman actually has the
right to consent to the risks and responsibilities of pregnancy, and an equal right to decline consent to those risks and responsibilities was thought to be finally established.
But since Roe v Wade was argued as a case for privacy, it has never been a guarantee of women's reproductive rights. It has always been vulnerable to attack, either through court challenges or through legislation which has chipped away at it.
From the moment Roe v Wade was decided, the religious right began working to overturn it. Outraged that women had at last been granted the right to choose if and when to be pregnant - a right which conflicted with the patriarchal order which demands that men have complete authority over women - the "moral majority" began a campaign of slut-shaming, raising the specter- never far beneath the surface in any misogynist culture - that uncontrolled women would engage in wildly promiscuous and "irresponsible" sex and darkly warning that the new law would bring about the downfall of American civil society However, when this tactic initially only gained traction within the most conservative and misogynistic segments of society, conservatives realized that the problem was that a majority of Americans in the late 1970's actually respected a woman's right to choose - and that most Americans believed that the consensual sexual activity of women was no more society's business than the consensual sexual activity of men.
Religious conservatives soon zeroed in on "consent" as a
potentially malleable concept that they might be able to use to drive a wedge between women and their human rights, thereby setting the stage to put women back in their traditional place. In order to overcome the legal issue of consent, religious and political conservatives began working tirelessly - using tactics including slut-shaming, abstinence-only purity campaigns inserted into public schools, and falsely equating microscopic blastocysts with full term babies - to entrench the notion that recreational sex involving the conscious avoidance of pregnancy is shameful and that only marital sex which welcomes the prospect of conception should be recognized and supported by society. Their aim was to increase public acceptance of explicitly Christian sexual mores in order to garner voter support for their social agenda. The ultimate goal was to get this explicitly Christian theology enshrined into law: that
whenever a woman has consented to sex, she has automatically consented to pregnancy, too.
Eventually, extreme conservatives began to worry that exceptions for rape and incest could possibly become a loophole through which some lying women could escape unwanted pregnancy, leading to the push for the elimination of exceptions for rape and incest as legal justifications for abortion. Building on the false premise that a conceptus is equal to a full-term baby, conservatives argued that a fertilized egg, no matter how it came into existence, is an innocent life deserving of protection. Completely ignoring the question of whether a woman who has been raped is deserving of society's protection and adroitly sidestepping Roe v Wade, forced-birth groups wrote bills denying abortion rights to women even in the case of rape or incest which their political arm, the Republican party, sponsored in state legislatures. In one giant leap of cruel imagination, conservatives managed to establish as a serious idea that even when a woman does not consent to sex, her consent to pregnancy should be automatic in the eyes of the law.
Lest there be any doubt about the intentions of the religious conservatives and their hired guns in the state and federal legislatures to render the legal notion of female consent completely irrelevant and completely powerless, forced-birth organizations created "personhood bills" which they instructed their Republican lackeys to sponsor and pass in various states. "Personhood" bills, if signed into law, would confer the full rights of a "person" - a deliberately vague term, but generally considered to be equal to a live-born child - to all fertilized ova. Such laws would criminalize most forms of female-controlled contraception, emergency contraception, assisted reproduction and, of course, all abortions. They would also open the door to state-sponsored invasion of women's privacy and health care rights since legally protected "persons" could potentially be "murdered" before a conception is discovered to have taken place. Furthermore, such laws would criminalize anyone who attempted to help a woman abort the conceptus "person" either by performing a surgical procedure, providing medical abortifacients, or driving a woman across state lines to obtain an abortion in a non-"Personhood" state.
"Personhood" laws are the holy grail of the forced-birth movement and the ultimate goal of religious conservatives. If passed, such laws would strip women of all bodily autonomy in matters of reproduction. Women would be denied female-controlled birth control, they would be denied emergency birth control if their partner's birth control fails or he refuses to use it and they would be denied abortions - even if they are impregnated by rape and even if their health or lives are endangered by a pregnancy. In short, thanks to the twisted culture of "life" pushed so ruthlessly onto them by religious conservatives, a woman would be compelled to sacrifice her happiness, risk her health and even lose her life because a single-celled conceptus has been granted a right to occupy her body which supersedes all of her rights including her humanity, her dignity and her right to life.
The Republican Party, which has degenerated to little more than the political arm of the conservative religious right, has been striving relentlessly to ensure that women will be legally forced to bear all of the negative physical, social and most of the financial repercussions for any unplanned pregnancy, while the churches themselves underline and enforce the subordinate and inferior position of women in the culture. Through tireless efforts to withhold access to contraception from women, the religious right ensures that reproductive control remains primarily in the hands of men. Thanks to ideologically-driven appointments to the FDA and the business interests of both drug companies and the medical establishment, only male-controlled methods of reliable contraception are available without a prescription, forcing women to navigate (and pay for) "care" from layers of medical and pharmacy gatekeepers before they are permitted to obtain reliable female-controlled contraception.