As the country approaches two years since the U.S. Supreme Court overturned Roe v. Wade in its Dobbs v. Jackson Women’s Health Organization decision, and 97 years since the court determined the legality of forcible sterilization in Buck v. Bell, disabled people continue to face challenges to reproductive autonomy and equity.
In recognition of these issues, Congress should pass a federal resolution establishing a Disability Reproductive Equity Day in May. The Biden administration should also ensure agencies are leveraging existing laws to protect disabled people’s reproductive health and freedom.
Eugenics and ableism have significantly influenced reproductive policies in the United States. On May 2, 1927, the Supreme Court’s Buck v. Bell decision affirmed the legality of forcible sterilization for disabled people, with Justice Oliver Holmes writing: “Three generations of imbeciles are enough.” Nearly 30 years later, constitutional law professor Walter Berns noted, “No civil liberties organization sprang forward to defend Carrie [Buck].” The decision remains unoverturned, and disabled people continue to struggle for bodily autonomy.
Historically, both disability and reproductive rights organizations have failed to protect disabled people's reproductive rights. Nonprofit disability organizations often saw reproductive rights as too controversial and wanted disability issues to remain nonpartisan. Meanwhile, reproductive rights organizations frequently excluded specific issues faced by disabled people and sometimes used eugenic language. This created a gap in representation where nondisabled individuals spoke on behalf of disabled people without their input or interest.
The disability justice movement launched in 2005 by individuals including Patty Berne, Mia Mingus, Stacey Milbern, Sebastian Margaret, Leroy F. Moore Jr., and Eli Clare advocated for addressing reproductive justice issues within the disability community. Disability advocates like Rebecca Cokley from the Center for American Progress’ Disability Justice Initiative facilitated discussions between disability and reproductive rights advocates on bodily autonomy.
By May 2022, when a draft majority opinion for Dobbs was leaked signaling an intention to overturn Roe v. Wade, several disability groups including the American Association of People with Disabilities released statements against it. A poll conducted by Data for Progress (DFP) revealed that most likely voters supported access to abortion regardless of their disability status.
A subsequent poll initiated by CAP at the end of April 2024 found that opinions on abortion access remained unchanged since 2022; most likely voters believed that disabled people should have control over their reproductive health decisions and care for their children. Fifty-five percent of likely voters with disabilities stated that abortion should be legal in most cases due to higher risks during pregnancy compared with nondisabled women.
Further findings showed that 59 percent supported reproductive rights for those under conservatorships—around 1.3 million Americans lack decision-making ability regarding birth control or abortions under these poorly regulated systems—and 74 percent believed courts should not terminate parental rights based solely on a parent's disability status.
Congress is urged to establish National Disability Reproductive Equity Day in May and work toward helping disabled people gain autonomy over their sexual health and reproduction.
Additionally, policymakers must pay greater attention to concerns about forming families and accessing abortions among disabled individuals while ensuring enforcement of existing laws like the Rehabilitation Act and Americans with Disabilities Act aimed at increasing healthcare accessibility for them.
The Biden administration recently finalized new Rehabilitation Act Section 504 rules requiring more accessible diagnostic equipment banning discrimination around medical decisions involving disabled persons; now it is Congress' turn to act by passing a resolution affirming national support for protecting advancing these critical rights.