IDEAS home Printed from https://ideas.repec.org/a/eee/socmed/v269y2021ics0277953620307279.html
   My bibliography  Save this article

Judicial bypass attorneys’ experiences with abortion stigma in Texas courts

Author

Listed:
  • Coleman-Minahan, Kate
  • Stevenson, Amanda Jean
  • Obront, Emily
  • Hays, Susan

Abstract

Texas requires pregnant young people under 18 (i.e., minors) seeking abortion without parental consent to go to court with an attorney to petition a judge for permission to obtain abortion. There is a lack of empirical data on the process through which abortion laws stigmatize abortion and on the actors involved. We use data from in-depth qualitative interviews with 19 attorneys who participated in a collective 800 judicial bypass cases to explore what's at stake for multiple actors within a shared social space and how interactions between those actors reproduce stigma. We extend stigma theory to explain how structural abortion restrictions produce stigma at the individual level. We find that to protect their interests in “keeping pregnant minors in,” the Texas court system constrains attorneys' ability to represent minors through politicization and stigmatization; attorneys face logistical and emotional challenges, including navigating hostile or ill-informed courts, witnessing court actors humiliate their clients without means of recourse, and experiencing stigma themselves. Although what's most at stake for their clients becomes most at stake for attorneys— helping young people obtain a judicial bypass so they can access abortion and protecting them from humiliation and trauma— they must reconcile their own violation of norms stigmatizing abortion with their consciences' motivation to represent bypass clients and protect their professional identity and career advancement from being “tainted” by taking judicial bypass cases. In order to protect what is at stake for their clients in the context of the highly stigmatized Texas courts, attorneys rationally make trade-offs that protect some stakes while undermining others. Moreover, attorneys' management of experienced stigma and their violation of norms stigmatizing abortion leads some to reproduce abortion stigma in their interactions with minors.

Suggested Citation

  • Coleman-Minahan, Kate & Stevenson, Amanda Jean & Obront, Emily & Hays, Susan, 2021. "Judicial bypass attorneys’ experiences with abortion stigma in Texas courts," Social Science & Medicine, Elsevier, vol. 269(C).
    • Handle: RePEc:eee:socmed:v:269:y:2021:i:c:s0277953620307279
    DOI: 10.1016/j.socscimed.2020.113508
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0277953620307279
    Download Restriction: Full text for ScienceDirect subscribers only
    File URL: https://libkey.io/10.1016/j.socscimed.2020.113508?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Harris, Lisa Hope & Debbink, Michelle & Martin, Lisa & Hassinger, Jane, 2011. "Dynamics of stigma in abortion work: Findings from a pilot study of the Providers Share Workshop," Social Science & Medicine, Elsevier, vol. 73(7), pages 1062-1070.
    2. Cowan, Sarah K., 2017. "Enacted abortion stigma in the United States," Social Science & Medicine, Elsevier, vol. 177(C), pages 259-268.
    3. Altindag, O. & Joyce, T., 2017. "Judicial bypass for minors seeking abortions in Arkansas versus other states," American Journal of Public Health, American Public Health Association, vol. 107(8), pages 1266-1271.
    4. repec:aph:ajpbhl:10.2105/ajph.2017.303822_8 is not listed on IDEAS
    5. Timmermans, Stefan & Tietbohl, Caroline, 2018. "Fifty years of sociological leadership at Social Science and Medicine," Social Science & Medicine, Elsevier, vol. 196(C), pages 209-215.
    Full references (including those not matched with items on IDEAS)

    Citations

    Blog mentions

    As found by EconAcademics.org, the blog aggregator for Economics research:
    1. Chris Sampson’s journal round-up for 25th January 2021
      by Chris Sampson in The Academic Health Economists' Blog on 2021-01-25 12:01:17

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Laura Lindberg & Kathryn Kost & Isaac Maddow-Zimet & Sheila Desai & Mia Zolna, 2020. "Abortion Reporting in the United States: An Assessment of Three National Fertility Surveys," Demography, Springer;Population Association of America (PAA), vol. 57(3), pages 899-925, June.
    2. Theodore J. Joyce & Robert Kaestner & Jason Ward, 2020. "The Impact of Parental Involvement Laws on the Abortion Rate of Minors," Demography, Springer;Population Association of America (PAA), vol. 57(1), pages 323-346, February.
    3. Tiziana Ramaci & Massimiliano Barattucci & Caterina Ledda & Venerando Rapisarda, 2020. "Social Stigma during COVID-19 and its Impact on HCWs Outcomes," Sustainability, MDPI, vol. 12(9), pages 1-13, May.
    4. Marianne Kjelsvik & Ragnhild J. Tveit Sekse & Asgjerd Litleré Moi & Elin M. Aasen & Eva Gjengedal, 2018. "Walking on a tightrope—Caring for ambivalent women considering abortions in the first trimester," Journal of Clinical Nursing, John Wiley & Sons, vol. 27(21-22), pages 4192-4202, November.
    5. Steinberg, Julia R. & Tschann, Jeanne M. & Furgerson, Dorothy & Harper, Cynthia C., 2016. "Psychosocial factors and pre-abortion psychological health: The significance of stigma," Social Science & Medicine, Elsevier, vol. 150(C), pages 67-75.
    6. Isaac Maddow-Zimet & Laura D. Lindberg & Kate Castle, 2021. "State-Level Variation in Abortion Stigma and Women and Men’s Abortion Underreporting in the USA," Population Research and Policy Review, Springer;Southern Demographic Association (SDA), vol. 40(6), pages 1149-1161, December.
    7. Theodore J. Joyce & Robert Kaestner & Jason Ward, 2019. "The Impact of Parental Involvement Laws on Minor Abortion," NBER Working Papers 25758, National Bureau of Economic Research, Inc.
    8. Mills, Lisa & Watermeyer, Jennifer, 2023. "A meta-ethnography on the experience and psychosocial implications of providing abortion care," Social Science & Medicine, Elsevier, vol. 328(C).
    9. Becker, Andréa & Hann, Lena R., 2021. "“It makes it more real”: Examining ambiguous fetal meanings in abortion care," Social Science & Medicine, Elsevier, vol. 272(C).
    10. Beynon-Jones, Siân M., 2013. "‘We view that as contraceptive failure’: Containing the ‘multiplicity’ of contraception and abortion within Scottish reproductive healthcare," Social Science & Medicine, Elsevier, vol. 80(C), pages 105-112.
    11. Fraser, Suzanne & Fomiatti, Renae & Moore, David & Seear, Kate & Aitken, Campbell, 2020. "Is another relationship possible? Connoisseurship and the doctor–patient relationship for men who consume performance and image-enhancing drugs," Social Science & Medicine, Elsevier, vol. 246(C).
    12. Miner, Skye A., 2019. "Demarcating the dirty work: Canadian Fertility professionals’ use of boundary-work in contentious egg donation," Social Science & Medicine, Elsevier, vol. 221(C), pages 19-26.
    13. Martin, Lisa A. & Hassinger, Jane A. & Debbink, Michelle & Harris, Lisa H., 2017. "Dangertalk: Voices of abortion providers," Social Science & Medicine, Elsevier, vol. 184(C), pages 75-83.
    14. Suh, Siri, 2014. "Rewriting abortion: Deploying medical records in jurisdictional negotiation over a forbidden practice in Senegal," Social Science & Medicine, Elsevier, vol. 108(C), pages 20-33.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:socmed:v:269:y:2021:i:c:s0277953620307279. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.elsevier.com/wps/find/journaldescription.cws_home/315/description#description .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.