A growing minority of Republicans and pro-life activists are pushing to criminalize abortion, including for women, in response to self-managed abortions after Roe v. Wade's overturn. This stance has sparked divisions within the pro-life movement, with traditional groups opposing it as counterproductive. Bills have been introduced in multiple states, but none have advanced significantly.
The debate over criminalizing abortion intensified following the 2022 Supreme Court decision ending Roe v. Wade, as medication abortions via mail-order pills evade state bans. Advocates argue that extending homicide laws to unborn children would provide equal protection and deter illegal procedures. According to the Foundation to Abolish Abortion, 16 such bills have been introduced in 14 states this year, backed by 122 Republican lawmakers, though they have only received four committee hearings, three committee votes, and one floor vote.
In North Dakota, HB 1373 sought to amend the homicide code to define a 'human being' as including an 'individual living human child before birth from the beginning of biological development at the moment of fertilization.' Sponsored by Republican Rep. Lori Van Winkle, the bill aimed to 'close a loophole that has allowed murder of innocent lives to continue.' It failed in the House Human Services Committee with an 11-1 'do not pass' recommendation and a 77-16 floor vote against advancement. Amber Vibeto, executive director of North Dakota Can, emphasized that 'abortion remains legal in all 50 states' due to legal immunity for women self-inducing abortions, calling for inclusion of the preborn in existing homicide laws to ensure 'equal protection under the law to all persons.'
Opposition came from pro-life organizations like the North Dakota Catholic Conference and North Dakota Family Alliance. Mark Jorritsma, the latter's executive director, called the bill 'well-intentioned' but flawed, arguing it punishes 'the wrong person' as 'the mother is the second victim' under pressure. He highlighted practical issues, such as unsustainable prison increases from arresting young women. David Tamisiea of the Catholic Conference urged focusing on 'supporting women in difficult circumstances so that abortion becomes unthinkable,' noting the bill would likely be struck down by a state Supreme Court ruling on abortion rights.
A similar divide emerged in Georgia with HB 441, the Prenatal Equal Protection Act, introduced by Rep. Emory Dunahoo. It proposed adding unborn protections under homicide laws, with Dunahoo stating, 'Tens of thousands of babies... continue to be murdered... That must be changed.' Georgia Right to Life's Zemmie Fleck supported it, asserting the code 'criminalizes an act' and should apply to abortion as murder, recognizing preborn personhood from conception. The Georgia Life Alliance opposed, warning of trauma from prosecution and the need for 'compassionate support, not punitive measures,' which could deter medical care and encourage unregulated abortions. The bill received no committee vote.
Battles continue in states like Missouri, Texas, and Oklahoma, where Republican convention delegates voted to censor lawmakers opposing criminalization. National groups, including National Right to Life and Susan B. Anthony Pro-Life America, reject such measures in an open letter, stating 'women are victims of abortion and require our compassion.' Kelsey Pritchard of the latter noted no bills have passed GOP committees, citing a study showing over 60% of women face coercion. Abby Johnson, a former Planned Parenthood director, supports accountability, saying criminalization would deter abortions, as it might have prevented her own. Despite disagreements, pro-life leaders like Jorritsma affirm collaboration, viewing each other as allies.
