A 鈥淢ONUMENT TO THE UNBORN鈥�: PETRIFYING ARKANSAS鈥橲 STANCE ON ABORTION
By: Joshua Hale
Disclaimer: The views expressed in this post are those of the author, and do not necessarily
reflect views of the Journal, the William H. Bowen School of Law, or 糖心Vlog传媒 Little Rock.
In that the constitutional right to privacy extends to protect a woman鈥檚 right to choose whether or not to have an abortion. Roe v. Wade, 410 U.S. 113 (1973). , overturned Roe v. Wade holding that the U.S. Constitution does not confer a right to abortion, and this power must be reverted to the states. Following the court鈥檚 ruling, Arkansas鈥檚 attorney general certified a 鈥溾�� ban, prohibiting all abortions except those to save the life of a pregnant person. .
Following Arkansas’s “trigger” ban and amid the ongoing political controversies regarding women’s reproductive rights, the state’s legislative body passed Act 310 to solidify the state’s updated position on abortion. , made its way with ease to the and was signed before the end of March. . The act commissions the creation of a fund 鈥� made of donations and grants, under the Secretary of State that 鈥�.鈥� Ark. Code Ann. 搂搂 19-5-1158(a) 鈥� (c) (2023). Along with tasking the Secretary of State with the responsibility of approving the artist, the monument’s design, location, and replacement or repair.
Although Act 310 appears on its face to be a 鈥淏areBones鈥� act, the construction of such a memorial is a physical manifestation of the state political majority鈥檚 stance on abortion. The Act is a stone-cold slap in the face to state representatives actively working for inter party cooperation on hot button issues relating to women鈥檚 health. in the United States are further apart ideologically on hot-button issues than ever before, Arkansas is no exception. Further steps taken to enforce Act 310 threaten to have irreversible effects on the state political landscape.
Arkansas Republicans are approaching . , and , Republicans maintain the largest majority in the last 20 years and seek to create a permanent reminder of their idealistic control through Act 310. Although the State Republicans control 82% of the seats in our legislature, the four most populated counties, Pulaski, Benton, Washington, and Sebastian County, which hold over a third of the . The Arkansas Legislative majority fails to reflect the diverse demographics of our state. This lack of representation undermines the voices and needs of various communities and complicates the cooperation of those elected to serve the citizens of Arkansas.
. Unger argued that a public memorial to our nation’s wars was proper, however, act 310 represents .
By imposing restrictions on women鈥檚 access to reproductive healthcare under the state鈥檚 鈥渢rigger鈥� ban, the monument will further polarize the population and create a contentious issue without cause. Such polarization will make it more challenging for politicians to find common ground and work together on other issues facing the state. It is crucial during a time of such political polarization to foster open dialogue and seek solutions that promote the unity of our state rather than division. There is little time and resources to expend on lawmakers who wish to gloat and mock in the face of opposing political views.
Rather than commission a fund for the creation of a politically polarized lightning rod in the middle of the most diverse and politically progressive city in the state, lawmakers should focus their efforts on for women鈥檚 health clinics and promoting education and awareness about across the state.