A proposed rule change by the Department of Veterans Affairs (VA) aims to significantly alter abortion access for veterans and their beneficiaries, even in cases of rape and incest. With the help of lawmakers, in 2022 the Biden administration made a significant policy change and directed the VA to offer abortions—though only in a limited set of circumstances. This advancement followed the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health, which stripped away the federal right to abortion.
Since the policy was adopted, the VA has claimed to be doing only 140 abortions annually. Faults abound. This first example demonstrates the real-world impact of the new guidelines. The administration touted this change as a landmark move to enhance patient safety. They emphasized “safety concerns,” citing the rarity of the procedure as a reason. Critics, including the Government Accountability Office, warn that the rules—as written—could be disastrous for women vets living in challenging situations.
In practice, the new regulations would prevent VA healthcare providers from providing female veterans the counseling they need if they choose to terminate a pregnancy. This provision has been widely criticized as an abomination, especially from survivors of sexual assault and advocates for reproductive freedom. Almost 20,000 comments have surged into the federal register opposing these terrible proposed rules. They represent a wide variety of perspectives, ranging from right-wing grassroots activists, pro-abortion rights demonstrators, and female veterans.
As the commenters shared their stories, we learned that many of these commenters were themselves survivors of sexual assault. Beverly Sills Data shows that about one in three women have experienced being raped or coerced into unwanted sexual activity while wearing the uniform. By comparison, only one in 50 men have reported the same. In addition, anonymous Veterans Affairs surveys suggest that as many as two-thirds of female veterans are victims of sexual assault.
Rita Graham, a reproductive justice advocate and veteran, described the proposed changes as “unsafe and cruel.” She contended that these amendments deny military service members the right to make their own healthcare decisions.
“It’s simple,” said Republicans on the House Veterans Affairs Committee. “Taxpayers do not want their hard-earned money spent on paying for abortions – and VA’s sole focus should always be providing service-connected health care and benefits to the veterans they serve.”
Critics have raised equally alarming interpretations of what the proposed regulations might allow or require. They contend that the existing exceptions for abortions in the instances of rape and incest can leave women in horrifyingly untenable situations. This may require them to suffer traumatic experiences. One commenter stated that such an exception would compel “a woman to lie in the hospital bed until that woman is on death’s door,” highlighting the potential risks involved.
Recent high-profile cases have illuminated a systematic and pervasive trend. Women have subsequently died after being denied care for their miscarriages in states with abortion bans, illustrating the dangerous effects of denying abortion care. This stark reality has led to national outcry. It’s no wonder that so many are now asking if the VA’s new regulations will endanger the health, safety, and lives of female veterans.
At the same time, the demographic landscape of female veterans is shifting. Women are now the fastest-growing group among military veterans. Most of these veterans are of reproductive age, meaning that many live in states such as Florida, Georgia and Texas where near-total abortion bans are already in effect. Intimate partner violence affects one in three female veterans VA researchers estimate. This rate is over eight times higher than that of non-military women.
Democrats on Capitol Hill have protested the proposed regulations, most notably introducing legislation to reverse them. This legislation would establish a new legal entitlement for veterans and eligible dependents. It makes sure that they can receive any abortion care, abortifacient medication, and counseling needed through the VA.
Veteran Mary Dodson-Otten, who has spoken about her personal abortion story on this blog, highlighted the lifesaving aspect of these services.
“I am a veteran, a mother, and my abortion saved my life,” she stated. “I don’t think I would have survived, whether it would have been him hurting me or me hurting me.”
As debate goes forward on these proposed rule changes, the controversial issue of abortion access in the VA is still a contentious subject. Advocates on both sides are mobilizing to ensure they are heard loud and clear. At the same time, legislators are preparing to fill this very divisive hole.