Deterritorializing Abortion: Gender, Law, and Procedure

Abstract

In the wake of the Dobbs v. Jackson Women’s Health Organization United States Supreme Court decision—which overturned the landmark decisions in Roe v. Wade and Planned Parenthood v. Casey—UC Berkeley Law Professor Khiara M. Bridges testified before the United States Congress about the potential catastrophic consequences of the ruling. Bridges discussed abortion as an issue impacting people with the capacity for pregnancy, which was met with intense opposition and disregard from Missouri Republican Senator Josh Hawley. He insisted that abortion was a “women’s right issue,” while pressuring Bridges to agree. However, in a clear and direct response, Bridges offered firm rebuttal, noting that this line of questioning from Hawley was transphobic, stating further, “Denying that trans people exist and pretending not to know that they exist is dangerous.” This, she argues—and the argument presented here will agree—“opens up trans people to violence,” given that multiple genders are represented under the umbrella of people needing abortion access and care.