By Jocelyn Frye, Shaina Goodman, Areeba Haider

In June of 2022, the Supreme Court of the United States stripped millions of people of the fundamental right to control their own bodies and reproductive choices by ending the constitutional right to access an abortion.Liptak, A. (2022, June 24). In 6-3 Ruling, Supreme Court Ends Nearly 50 Years of Abortion Rights. New York Times. Retrieved 13 October 2023, from https://www.nytimes.com/2022/06/24/us/roe-wade-overturned-supreme-court.html The devastating Dobbs v. Jackson Women’s Health Organization decision overturned decades of precedent and fulfilled the long-time ambitions of extremist politicians and anti-abortion activists, including those on the Supreme Court, with little care for the direct, immediate, and long lasting harm caused to millions of women and people across the country.Dobbs v. Jackson, 597 U.S. (2022) Kolbert, K., & Kay, J. (2021, July 16). Inside the Decades-Long Conservative Strategy to Weaken Roe v. Wade. Literary Hub. Retrieved 13 October 2023, from https://lithub.com/inside-the-decades-long-conservative-strategy-to-weaken-roe-v-wade/ The majority opinion, authored by Justice Samuel Alito, nonchalantly minimized the far-reaching effects of the decision, claiming that the ruling merely returned the issue of abortion to state legislative bodies where women could use their electoral and political power to influence the legislative process.

But access to abortion in a post-Roe world is far more complicated than Justice Alito’s overly simplistic claim would suggest. In a political landscape that moves the question of abortion access to the states, the reality of how our democracy functions – who gets elected, who has power, whose voices are heard – comes into sharper focus. Longstanding, entrenched power dynamics have depressed electoral opportunities for women for decades, preserving a status quo where women remain under-represented. Further, in the current highly partisan, politically charged environment, the desire to hold power at all costs has meant that gender and other forms of diversity often have taken a back seat to other tactics used to retain existing power structures. The vast majority of state legislatures remain male-dominated, often by a significant percentage, and that difference matters to policy outcomes.Rayasam, R., McCaskill, N., Jin, B., & Vestal, A. (2021, February 22). Why state legislatures are still very white—and very male. Politico. Retrieved 13 October 2023, from https://www.politico.com/interactives/2021/state-legislature-demographics/ An analysis by the National Partnership finds that states where women make up more than one-third of the state legislature were more than five times more likely to have at least some protections for abortion access than states where women make up one-third or less of state legislatures.

This analysis is a reminder of the persistence of gender-based barriers to elected office and the resulting power imbalance in many state legislatures that can lead to poorer policy outcomes for women, families, and communities. This brief explores the intersection of state abortion policy and the under-representation of women overall and women of color in state legislatures, demonstrating in many instances the connection between representation and better policy outcomes for those seeking abortions – and rejecting the false narrative that women can be denied their individual freedoms because they have secured political equality in the states.

The State of Abortion Access Today

The fundamental refusal to protect people’s most basic reproductive rights by the Court’s conservative majority has wreaked havoc. Twenty-one states have implemented abortion bans or significant restrictions since Dobbs, with several more states having bans that have been suspended by the courts in the past year.New York Times. Tracking Abortion Bans Across the Country. Retrieved October 13 20203, from https://www.nytimes.com/interactive/2022/us/abortion-laws-roe-v-wade.html That is more than 36 million women of reproductive age living in states where their ability to plan if and when to have a child has been limited by the government; analysis by the National Partnership finds that Black and Native American women are most likely to live in those states, as are disabled women and women who are economically insecure.Gallagher Robbins, K., Goodman, S., & Klein, J. (2023, June). State Abortion Bans Harm More Than 15 Million Women of Color. Retrieved 13 October 2023 from National Partnership for Women & Families website: https://nationalpartnership.org/report/state-abortion-bans-harm-woc/ Dozens of clinics that offered abortion services have closed since Roe v. Wade was overturned.McCann, A., & Walker, A. (2023, June 22). One Year, 61 Clinics: How Dobbs Changed the Abortion Landscape. New York Times. Retrieved 13 October 2023, from hhttps://www.nytimes.com/interactive/2023/06/22/us/abortion-clinics-dobbs-roe-wade.html Thousands of women have been forced to experience pregnancies against their will,Human Rights Watch. (2023, April). Human Rights Crisis: Abortion in the United States After Dobbs. Retrieved 13 October 2023, from https://www.hrw.org/news/2023/04/18/human-rights-crisis-abortion-united-states-after-dobbs and thousands more have had to travel across state lines, navigating countless hurdles to access care they want or need.Walker, A., & McCann, A. (2023, September 7). Abortions Rose in Most States This Year, New Data Shows. New York Times. Retrieved 13 October 2023, from https://www.nytimes.com/interactive/2023/09/07/us/abortion-data-bans-laws.html

Even before Roe was overturned, access to abortion varied across state lines, and in the wake of Dobbs, those state variations have only become more stark.Maddow-Zimet, I., & Kost, K. (2022, July). Even Before Roe Was Overturned, Nearly One in 10 People Obtaining an Abortion Traveled Across State Lines for Care. Retrieved 13 October 2023 from Guttmacher Institute website: https://www.guttmacher.org/article/2022/07/even-roe-was-overturned-nearly-one-10-people-obtaining-abortion-traveled-across In Texas, abortion is almost completely outlawedMéndez, M. (2023, October 11). How new regulations impact abortion and birth control access in Texas. The Texas Tribune. Retrieved 13 October 2023, from https://www.texastribune.org/2023/10/11/texas-abortion-law-birth-control-what-you-need-to-know/ as a result of targeted action by anti-abortion members of the Texas state legislature, including Texas Senate Bill 8Holley, P., & Solomon, D. (2021, October 7). Your questions about Texas’s New Abortion Law, Answered. Texas Monthly. Retrieved 13 October 2023, from https://www.texasmonthly.com/news-politics/texas-abortion-law-explained/ which bans abortions in early pregnancy and House Bill 1280 Aguilar, J. (2022, June 24). Texas ‘trigger law’ to ban abortion will soon go into effect. Here’s how it works. Houston Public Media. Retrieved 13 October 2023, from https://www.houstonpublicmedia.org/articles/news/texas/2022/06/24/427684/texas-trigger-law-to-ban-abortion-will-soon-go-into-effect-heres-how-it-works/ which included language to automatically ban abortion 30 days after certain scenarios, including the overturn of Roe v. Wade (also known as a “trigger” ban). Just next door, New Mexico is more protective of abortion accessCenter for Reproductive Rights. (n.d.). After Roe Fell: Abortion Laws By State New Mexico. Retrieved 13 October 2023, from https://reproductiverights.org/maps/state/new-mexico/ – those in the state seeking abortions will find no restrictions based on gestational age,Guttmacher Institute. (n.d.). Interactive Map: US Abortion Policies and Access After Roe. Retrieved 13 October 2023, from https://states.guttmacher.org/policies/new-mexico/abortion-policies and public agencies are prohibited from enforcing any policy that may interfere with a person’s ability to access reproductive health care.Center for Reproductive Rights. (n.d.). After Roe Fell: Abortion Laws By State New Mexico. Retrieved 13 October 2023, from https://reproductiverights.org/maps/state/new-mexico/ These extreme variations mean that people seeking abortions must navigate an often intentionally confusing puzzle of legalities, restrictions, misinformation, and financial and logistical hurdles to get the care they need and want during an already stressful time in their lives.

The consequences of abortion bans and restrictions are tremendous. Women who have sought out abortions but are denied care are more likely to experience chronic pain and poor health and are more likely to report life threatening pregnancy complications.ANSIRH: Advancing New Standards in Reproductive Health. (n.d.). The Harms of Denying a Woman a Wanted Abortion: Findings from the Turnaway Study. Retrieved 13 October, 2023, from https://www.ansirh.org/sites/default/files/publications/files/the_harms_of_denying_a_woman_a_wanted_abortion_4-16-2020.pdf Stripping away a person’s bodily autonomy and reproductive freedom by denying abortion care also increases the risk of future mental health struggles.University of California San Francisco. (2022, June 30). UCSF Turnaway Study Shows Impact of Abortion Access on Well-Being [Blog post]. Retrieved 13 October 2023 from https://www.ucsf.edu/news/2022/06/423161/ucsf-turnaway-study-shows-impact-abortion-access Other research has also shown that women who were unable to access abortion care were more likely to experience an increase in household poverty and reported persistent challenges in affording basic living expenses such as food and housing.ANSIRH: Advancing New Standards in Reproductive Health. (n.d.). The Harms of Denying a Woman a Wanted Abortion: Findings from the Turnaway Study. Retrieved 13 October, 2023, from https://www.ansirh.org/sites/default/files/publications/files/the_harms_of_denying_a_woman_a_wanted_abortion_4-16-2020.pdf Despite such life-altering implications, the Dobbs ruling makes the right to access abortion care an issue left to the states.

The Roles State Legislatures Can Play

The differences in abortion access across states are driven by many factors, but state legislatures play an often outsized and crucial role in either protecting or restricting abortion access for their residents. These efforts have varied widely across states. Restrictions have included bans on abortions in total or after a certain number of weeks of pregnancyGuttmacher Institute. (2023, August 29). State Bans on Abortion Throughout Pregnancy. Retrieved 13 October 2023, from https://www.guttmacher.org/state-policy/explore/state-policies-later-abortions , restrictions on abortion coverage through State Medicaid programs or private insurance,KFF. (2020, February 10). Interactive: How State Policies Shape Access to Abortion Coverage. Retrieved 13 October 2023, from https://www.kff.org/womens-health-policy/issue-brief/interactive-how-state-policies-shape-access-to-abortion-coverage/ policies that criminalize abortion providers or patients,Guttmacher Institute. (2023, August 31). Targeted Regulation of Abortion Providers. Retrieved 13 October 2023, from https://www.guttmacher.org/state-policy/explore/targeted-regulation-abortion-providers; Chen, D. (2023, February 16). A New Goal for Abortion Bills: Punish or Protect Doctors. The New York Times. Retrieved 13 October 2023, from https://www.nytimes.com/2023/02/16/us/abortion-bills-doctors.html and rules designed to discourage abortions such as parental consent requirements and waiting periods between appointments.Guttmacher Institute. (2023, August 31). Counseling and Waiting Periods for Abortion. Retrieved 13 October 2023, from https://www.guttmacher.org/state-policy/explore/counseling-and-waiting-periods-abortion Conversely, protections passed by states have included expanding insurance coverage for abortion care,KFF. (2020, February 10). Interactive: How State Policies Shape Access to Abortion Coverage. Retrieved 13 October 2023, from https://www.kff.org/womens-health-policy/issue-brief/interactive-how-state-policies-shape-access-to-abortion-coverage/ implementing shield laws to protect abortion providers and patients from interference from other states,Kashiwagi, S. (2023, July 13). Blue states see ‘shield laws’ as bulwark against Republican efforts to restrict abortion and gender-affirming care. CNN. Retrieved 13 October 2023, from https://www.cnn.com/2023/07/13/politics/shield-laws-abortion-gender-affirming-care/index.html and protecting sensitive reproductive health data.Zakrzewski, C. (2023, April 27). Washington becomes first state to adopt health date protections post-Roe. The Washington Post. Retrieved 13 October 2023, from https://www.washingtonpost.com/technology/2023/04/27/washington-reproductive-health-law/ State legislatures also have made use of their power to direct fundingMcCammon, S. (2023, June 20). Some states are restricting abortions. Others are spending millions to fund it. NPR. Retrieved 13 October 2023, from https://www.npr.org/2023/06/20/1182722556/abortion-funding-states-dobbs-supreme-court-restrictions-ban in support of programs that would either improve or undermine abortion access.O’Donoghue, J. (2023, April 11). Under abortion ban, Louisiana officials favor ‘pro-family’ tax credits over funding. Louisiana Illuminator. Retrieved 13 October 2023, from https://lailluminator.com/2023/04/11/after-abortion-ban-louisiana-officials-favor-pro-family-tax-credits-over-funding-for-pregnant-people-children/

State legislatures also wield power over the ways their constituents participate in the democratic process – and how legislatures use, or misuse, this power directly impacts people’s ability to amass political and electoral power and influence policy outcomes. They can, for example, restrict access to more flexible voting options such as early and absentee voting,League of Women Voters. (2023, July 19). Common Voting Restrictions That Are More Harmful Than You Might Think [Blog post]. Retrieved 13 October 2023, from https://www.lwv.org/blog/common-voting-restrictions-are-more-harmful-you-might-think introduce new burdensome requirements for voter registration,The Leadership Conference on Civil and Human Rights. (2021, September 28). Understanding Barriers to Voter Registration – And How to Fix Them [Blog post]. Retrieved 13 October 2023, from https://civilrights.org/blog/understanding-barriers-to-voter-registration-and-how-to-fix-them/ disenfranchise people with felony convictions,Uggen, C., Larson, R., Shannon, S., & Stewart R. (2022, October 25). Locked Out 2022: Estimates of People Denied Voting Rights. Retrieved 13 October 2023, from https://www.sentencingproject.org/reports/locked-out-2022-estimates-of-people-denied-voting-rights/ and engage in partisan gerrymandering to dilute the votes of certain communities.Lo Wang, H. (2023, May 17). Is drawing a voting map that helps a political party illegal? Only in some states. NPR. Retrieved 13 October 2023, from https://www.npr.org/2023/05/17/1173469584/partisan-gerrymandering-explainer-north-carolina States can also prioritize protections for constituent’s political power, including ensuring automatic voter registrationThe Brennan Center for Justice. (n.d.). Automatic Voter Registration. Retrieved 13 October 2023, from https://www.brennancenter.org/issues/ensure-every-american-can-vote/voting-reform/automatic-voter-registration and same day voting registration are available, restoring voting rights for those convicted of a felony, expanding early and mail voting for voters, and protecting the vote certification process from partisan interference. State legislatures can also help set rules for citizen-led direct democracy initiatives, including the abortion-related ballot initiatives that protected access or denied restrictions through the support of millions of voters in states as diverse as Kentucky,Schreiner, B., & Campbell, B. (2022, November 9). Kentucky voters reject constitutional amendment abortion. PBS. Retrieved 13 October 2023, from https://www.pbs.org/newshour/politics/kentucky-voters-reject-constitutional-amendment-on-abortion Montana,Weitz, O. (2022, November 10). Montana voters reject so-called ‘Born Alive’ ballot measure. NPR. Retrieved 13 October 2023, from https://www.npr.org/2022/11/10/1134833151/montana-midterms-results-born-alive-abortion and Michigan.Pluta, R. (2022, November 9). Michigan voters approve amendment adding reproductive rights to state constitution. NPR. Retrieved 13 October 2023, from https://www.npr.org/2022/11/09/1134834724/michigan-abortion-amendment-midterm-results

Women’s Representation in State Legislatures and Abortion Restrictions and Protections

Even though state legislatures are political bodies with massive power over the reproductive and bodily autonomy of their residents, state legislators are rarely as diverse as the communities they represent. The historicCenter for American Women and Politics. (n.d.). Shaping History: CAWP Through the Years. Retrieved 13 October 2023, from https://cawp.rutgers.edu/shaping-history-cawp-through-years and present lack of representation of women overall and women of color more specifically in state legislatures is another barrier to ensuring policies that support state-level abortion access – and a clear indicator that the Supreme Court’s argument that women’s supposed political equality will protect them from the consequences of abortion restrictions is fundamentally flawed.

Across the fifty states and District of Columbia, the percentage of women in state legislatures varies drastically, from 11.9% in West Virginia to 61.9% in Nevada. Although gender composition is not a perfect indicator, the National Partnership finds that, as a general matter, states with a higher percentage of women legislators are more likely to adopt policies that provide abortion protections than states with a lower percentage of women legislators.State abortion policies and categorizations are taken from the Guttmacher Institute’s detailed tracking, analysis, and categorization of a wide range of bans, restrictions, and protective/supportive policies. More information can be found in the methodology section. In this analysis restrictive indicates states that are restrictive, very restrictive, or most restrictive. There are some additional states that have some restrictions and some protections.

Other findings from the National Partnership include:

• Of the 25 states with the lowest percentage of women in their state legislatures, all but three have “restrictive” or “most restrictive” abortion access; only one is considered “protective.”
• Of the 25 states and DC with the highest percentage of women in their state legislatures, all but 4 have at least “some protections” for abortion access.
• States where women make up more than a third of the state legislature were more than 5 times more likely to have at least some protections for abortion access compared to states where women made up one-third or less of state legislatures.
• Of the 26 states where women make up one-third or less of the state legislature, only 15 percent have abortion access rated as: some protections/restrictions, protective, very protective, or most protective.
• Of the 24 states and DC where women make up more than a third of the state legislature, 84 percent have abortion access rated as: some protections/restrictions, protective, very protective, or most protective.
• Women’s share of state legislatures averages 22 percent in states with the most restrictive abortion policies, compared to 40 percent in states with the most protective or very protective abortion policies – a gap of 18 percentage points.

Women of color are even less likely to be represented in the state legislatures that determine their opportunities to access abortions, even though abortion bans and restrictions have been found to disproportionately impact women of color. National Partnership research finds that states where women of color make up 10 percent or less of the legislature are 2.5 times more likely to have restrictive abortion policies than other states.

Furthermore, differences between the overall diversity of state populations and the diversity of state legislatures, also tell an important story. State populations differ greatly across the country, especially by race, ethnicity, and other demographic characteristics.Menchacha, A., Pratt, B., Jensen, E., & Jones, N. (2023, May). Examining the Racial and Ethnic Diversity of Adults and Children. Retrieved 13 October, 2023 from Census website: https://www.census.gov/newsroom/blogs/random-samplings/2023/05/racial-ethnic-diversity-adults-children.html#:~:text=These%20figures%20show%3A,%25)%3B%20and%20Maryland%20(65.2%25 Measuring the “representation gap” for women of color by state – in other words, the difference between the percentage of adult women of color who live in a state and the percentage of women of color who serve in a state’s legislature – reveals that states with especially wide disparities in representation tend to be more likely to have restrictive abortion policies. The National Partnership finds that of the 9 states with a women of color representation gap over 10 percentage points, two-thirds are states with abortion access categorized as “most restrictive.” The 17 states with the lowest women of color representation gaps (states with gaps in the bottom third) are more than twice as likely to be categorized as at least having “some protections” than the 17 states with the highest representation gaps.

 

There are many different factors that influence policy decision-making. While gender representation is not the sole factor driving policy decisions – and lawmakers of the same gender hold a wide variety of policy positions – substantial academic research has connected the overall representation of women (i.e., the number of women elected) to substantive representation, meaning that a larger number of women elected is connected to whether issues that majorities of women tend to support such as child care, equal pay, abortion and other reproductive freedoms are prioritized. For example, research finds that women legislators sponsor more bills addressing women’s issues than men do, can help ensure “women’s issues” are on legislative agendas,Political Parity. (2017, October). Why Women? The Impact of Women in Elective Office. Retrieved 13, October 2023, from https://www.politicalparity.org/wp-content/uploads/2017/10/Parity-Research-Women-Impact.pdf and are generally associated with better policies for women.Caiazza, A. (2002, May). Does Women’s Representation in Elected Office Lead to Women-Friendly Policy? Retrieved 13 October 2023, from Institute for Women’s Policy Research website: https://iwpr.org/wp-content/uploads/2020/11/i910.pdf Even without accounting for factors such as party affiliation – a higher percentage of women in a state legislature is correlated with fewer anti-abortion bills.Forman-Rabinovici, A., & Johnson, O. (2023). Political Equality, Gender, And Democratic Legitimation in Dobbs. Harvard Journal of Law & Gender, 46, 81-130. And even in states with few women legislators and more restrictive abortion policies, one study found that women representatives were able to strategically use leadership positions and committee assignments to impede the movement of anti-abortion policy.Berkman, M., & O’Connor, R. (1993, January). Do Women Legislators Matters?: Female Legislators and State Abortion Policy. American Politics Research, 21(1), 102-124

Although abortion opponents can be found among all genders, research shows that restrictive abortion policy has been driven largely by conservative male legislators.Reingold, B., Kreitzer, R., Osborn, T., & Swers, M. (2020, March). Anti-abortion Policymaking and Women’s Representation. Political Research Quarterly, 74(2), 403-420. Prior to the Dobbs decision, as some state legislatures were passing “trigger” bans in anticipation of a potential reversal of Roe, 84 percent of sponsors or co-sponsors of abortion bans were men.Gaudiano, N., Kaplan, E., Tyson, T., Fu, Annie., & Gould, S. (2022, June 24). Behind the wave of state abortion bans, there are a lot of men. Business Insider. Retrieved 13 October 2023, from https://www.businessinsider.com/male-lawmakers-drove-trigger-law-abortion-bans-for-women-chart-2022-5 There were zero women as sponsors or co-sponsors in Mississippi, North Dakota, Missouri, and Oklahoma – all states now considered “most restrictive” and where women make up less than a third of state legislators.Gaudiano, N., Kaplan, E., Tyson, T., Fu, Annie., & Gould, S. (2022, June 24). Behind the wave of state abortion bans, there are a lot of men. Business Insider. Retrieved 13 October 2023, from https://www.businessinsider.com/male-lawmakers-drove-trigger-law-abortion-bans-for-women-chart-2022-5

Though the impacts of women of color – particularly Black women – in state legislatures and their influence on abortion policies is less studied, an emerging literature on the behavior of women of color as elected members of state legislatures finds that they often play an important role in the advocacy to prioritize women, women of color, and other historically marginalized groups.Reingold, B. (2019, July). Gender, Race/Ethnicity, and Representation in State Legislatures. PS: Political Science & Politics, 52(3), 426-429 And for women overall and women of color in particular, research suggests the ability of women of color legislators to access leadership roles and institutional power within their legislatures is vital to helping ensure their representative presence translates into policy wins.Reingold, B. (2019, July). Gender, Race/Ethnicity, and Representation in State Legislatures. PS: Political Science & Politics, 52(3), 426-429

Notwithstanding the finding that increased representation of women in state legislatures is correlated with better protections for abortion access, the presence of women in state legislatures is not the only factor determining abortion access, nor do all women in state legislatures share the same desire to advance abortion protections and reproductive justice. On issues like abortion access that are frequently perceived or framed as women’s issues, political parties and constituencies across the political spectrum have sought to lay claim to the title of protecting, defending, and representing women’s interests. As a result, anti-choice women legislators – most often, conservative – increasingly are tapped to help push forward restrictions on bodily autonomy and reproductive freedom. Nonetheless and as noted earlier, male state legislators have been the bulk of the sponsors of restrictive policies.

Given all of the different ways that gender affiliation and roles play out in the political landscape, the most important factor in prioritizing abortion access is to focus on and ask specific questions about the precise policies legislators – and prospective legislators – do and do not support, regardless of gender. But our research finds that it matters enormously whether women have access to power in significant numbers – in the majority of cases, losses in abortion access have been fueled by environments with sizable gender disparities among legislators. And ultimately, it is clear that giving state legislatures more power and discretion, in a context where achieving meaningful representation, diversity, and political opportunity differs greatly across state lines, has been a source of significant harm to millions of people who should otherwise be guaranteed a right to access abortion regardless of where they live.

Under-representation of Women in State Legislatures Is Connected to Historic and Current Political Inequities

Increasing representation of women and women of color is not a silver bullet to ensuring unrestricted access to abortions for all who want or need one, although it is an important avenue for enacting necessary change. However, the significant and consistent under-representation of women overall and women of color in particular in state legislatures and beyond is a symptom of the historical, entrenched inequities that the Supreme Court blithely ignored when opining that women could secure their bodily autonomy by simply relying on their ability to influence the legislative process in their states.

The reality of American democracy has rarely mirrored the ideals put forth in its founding principles. Throughout our history, there have been laws and policies used and misused in states and across the country to thwart the democratic process by excluding people of color, women, and other historically marginalized identities.Examples of tactics to undermine and manipulate voting can be found throughout American history. The Supreme Court ruled in 1857 that Black people, free or enslaved, were not recognized as American citizens and thus were not afforded any of the benefits citizens were promised, including the freedom to vote. When that decision was nullified by the passage of the 14th and 15th amendments, the Supreme Court continued to rule in ways that perpetuated racial segregation and enshrined white supremacy. Additionally, women’s suffrage wasn’t granted until 1920 after decades of protest (and even then it was only white women who could vote); American born Native women were not granted citizenship or the basic right to vote until 1924. Extreme violence, discrimination, and targeted barriers such as poll taxes and literacy tests targeted Black voters’, eventually leading to the passage of the Voting Rights Act of 1965. This history directly contributes to the political and electoral inequities many people experience today. The racism, sexism, and other forms of bias that fueled such practices in the past are still present today, undermining people’s political and electoral power by design.Solomon, D., Maxwell C., & Castro, A. (2019, August). Systematic Inequality and American Democracy. Retrieved 13 October 2023 from Center for American Progress website: https://www.americanprogress.org/article/systematic-inequality-american-democracy/

Just as structural barriers exist for women, especially women of color, in their participation as voters, systemic barriers also make it more difficult for women to run for elected office in state legislatures and elsewhere. Research finds that women are much less likely than men to run or consider running for office,Lawless, J., & Fox, R. (2022, February). Running for office is still for men – some data on the “Ambition Gap”. Retrieved 13 October 2023, from https://www.brookings.edu/articles/running-for-office-is-still-for-men-some-data-on-the-ambition-gap/ but what has been termed the “political ambition gap” is really the result of a culmination of numerous hurdles that women are more likely to face than their male counterparts.Warner, J. (2017, May). Opening the Gates: Clearing the Way for More Women to Hold Political Office. Retrieved 13 October 2023 from Center for American Progress website: https://www.americanprogress.org/article/opening-the-gates/ Established leaders and gatekeepers in each political party often determine who is recruited to run for office, who is given access to donors and fundraising opportunities, and who is given endorsements.Warner, J. (2017, May). Opening the Gates: Clearing the Way for More Women to Hold Political Office. Retrieved 13 October 2023 from Center for American Progress website: https://www.americanprogress.org/article/opening-the-gates/ Social and financial capital is often a requirement for candidates to be considered viable even before any votes are cast.Warner, J. (2017, May). Opening the Gates: Clearing the Way for More Women to Hold Political Office. Retrieved 13 October 2023 from Center for American Progress website: https://www.americanprogress.org/article/opening-the-gates/ This expectation disadvantages women, and women of color especially, who have been shown to have less access to the wealth and social and professional access others may have.Warner, J. (2017, May). Opening the Gates: Clearing the Way for More Women to Hold Political Office. Retrieved 13 October 2023 from Center for American Progress website: https://www.americanprogress.org/article/opening-the-gates/ Running for office and serving in elected office also comes with high financial and personal costs, especially in state legislatures where compensation is low; in Texas, for example, legislators are paid a base salary of $7,200 annually, making running for office out of reach for those without wealth or access to tremendous financial resources.National Conference of State Legislatures. (2022, July 12). 2022 Legislator Compensation. Retrieved 13 October 2023, from https://www.ncsl.org/about-state-legislatures/2022-legislator-compensation

Additionally, women are more likely to have household and caregiving responsibilities, which can limit how much time is available to run for office or serve in a state legislature, and where flexible schedules and access to child care are few and far between. Importantly, just 5.3 percent of state legislators are mothers with children under 18.Vote Mama Foundation. (n.d.). Reaching Proportional Representation: State Legislatures. Retrieved 13 October 2023, from https://www.votemamafoundation.org/popstateleg For many women, the very experiences that reaffirm the need for their leadership and voice on work-family policies, full bodily autonomy, and access to abortion care function as a barrier to their ability to participate in the democratic process as legislators.

Conclusion 

Protecting and expanding access to abortion is vital – and with access in the hands of the states, it is more important than ever to understand the many ways that dynamics in state legislatures impact people’s ability to access necessary reproductive health care. Our analysis finds that the representation of women and women of color in state governments matter when it comes to protecting access to abortion, but electing legislators with a vested interest in preserving their residents’ bodily autonomy is only a first step. The fight for a federal, comprehensive protection of abortion must continue in tandem with the fight for a working democracy for all.

Methodology

This analysis uses state abortion policies and categorizations from the Guttmacher Institute’s detailed tracking and analysis of a wide range of bans, restrictions, and protective/supportive policies. The Guttmacher Institute updates this data periodically as abortion policies across states change often; our analysis is up to date as of September 28, 2023.

This analysis also uses data on the demographics of state legislators made available by the Center for American Women and Politics (CAWP). To calculate the percentage of women of color in state legislatures, the authors included all state legislators except those categorized as “white” or “unavailable” as recommended by the Center. Women of color include women who identified as Black/African American, Asian or Pacific Islander, Hispanic/Latina, Middle Eastern/North African. Native American/Alaska Native, and/or Native Hawaiian.

More information is available at:

• Guttmacher Institute. (n.d.). Interactive Map: US Abortion Policies and Access After Roe. Retrieved 28 September 2023, from https://states.guttmacher.org/policies/
• Center for American Women and Politics. (n.d.). Methodological Statement on Race and Ethnicity. Retrieved 28 September 2023, from https://cawp.rutgers.edu/facts/women-officeholders-race-and-ethnicity/methodological-statement-race-and-ethnicity
• Center for American Women and Politics. (n.d.). Women in State Legislatures 2023. Retrieved 28 September 2023, from https://cawp.rutgers.edu/facts/women-officeholders-race-and-ethnicity/methodological-statement-race-and-ethnicity

Back to Reproductive Rights