Literature DB >> 33358022

Judicial bypass attorneys' experiences with abortion stigma in Texas courts.

Kate Coleman-Minahan1, Amanda Jean Stevenson2, Emily Obront3, Susan Hays4.   

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.
Copyright © 2020 Elsevier Ltd. All rights reserved.

Entities:  

Keywords:  Abortion; Abortion stigma; Attorneys; Judicial bypass; Law; Stigma; USA

Mesh:

Year:  2020        PMID: 33358022      PMCID: PMC7924962          DOI: 10.1016/j.socscimed.2020.113508

Source DB:  PubMed          Journal:  Soc Sci Med        ISSN: 0277-9536            Impact factor:   4.634


  27 in total

1.  Obstetrician-gynecologists' objections to and willingness to help patients obtain an abortion.

Authors:  Lisa H Harris; Alexandra Cooper; Kenneth A Rasinski; Farr A Curlin; Anne Drapkin Lyerly
Journal:  Obstet Gynecol       Date:  2011-10       Impact factor: 7.661

2.  Grounded in the reality of their lives: listening to teens who make the abortion decision without involving their parents.

Authors:  J Shoshanna Ehrlich
Journal:  Berkeley Womens Law J       Date:  2003

3.  Associative stigma among mental health professionals: implications for professional and service user well-being.

Authors:  Mieke Verhaeghe; Piet Bracke
Journal:  J Health Soc Behav       Date:  2012-03

4.  Measuring stigma among abortion providers: assessing the Abortion Provider Stigma Survey instrument.

Authors:  Lisa A Martin; Michelle Debbink; Jane Hassinger; Emily Youatt; Meghan Eagen-Torkko; Lisa H Harris
Journal:  Women Health       Date:  2014

5.  Young Women's Experiences Obtaining Judicial Bypass for Abortion in Texas.

Authors:  Kate Coleman-Minahan; Amanda Jean Stevenson; Emily Obront; Susan Hays
Journal:  J Adolesc Health       Date:  2018-09-06       Impact factor: 5.012

6.  The Impact of a Parental Notification Requirement on Illinois Minors' Access to and Decision-Making Around Abortion.

Authors:  Lauren J Ralph; Erin King; Elise Belusa; Diana Greene Foster; Claire D Brindis; M Antonia Biggs
Journal:  J Adolesc Health       Date:  2017-12-13       Impact factor: 5.012

7.  Bad girl and unmet family planning need among Sub-Saharan African adolescents: the role of sexual and reproductive health stigma.

Authors:  Kelli Stidham Hall; Abubakar Manu; Emmanuel Morhe; Vanessa K Dalton; Sneha Challa; Dana Loll; Jessica L Dozier; Melissa K Zochowski; Andrew Boakye; Lisa H Harris
Journal:  Qual Res Med Healthc       Date:  2018-05-30

Review 8.  Fifty years of sociological leadership at Social Science and Medicine.

Authors:  Stefan Timmermans; Caroline Tietbohl
Journal:  Soc Sci Med       Date:  2017-12-06       Impact factor: 4.634

9.  Denials of Judicial Bypass Petitions for Abortion in Texas Before and After the 2016 Bypass Process Change: 2001-2018.

Authors:  Amanda Jean Stevenson; Kate Coleman-Minahan; Susan Hays
Journal:  Am J Public Health       Date:  2020-01-16       Impact factor: 9.308

10.  Adolescents Obtaining Abortion Without Parental Consent: Their Reasons and Experiences of Social Support.

Authors:  Kate Coleman-Minahan; Amanda Jean Stevenson; Emily Obront; Susan Hays
Journal:  Perspect Sex Reprod Health       Date:  2020-03-01
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