Opinion: ‘She was unlikely to survive the pregnancy.’ Why this mother is taking legal action in Tennessee.
‘My desire is for us to learn to have faith in individuals making the best choices for their families, their bodies, and their babies at any stage of pregnancy.’
Kathryn Archer, a Nashville resident, was 20 weeks along in her second pregnancy when her doctor revealed several severe fetal issues, including irregular brain development and malformed organs. The viability of the fetus until birth, let alone survival after, was deemed unlikely.
Due to the abortion restrictions in Tennessee, she had to travel to another state for the necessary care. After receiving abortion services in Washington, D.C., Kathryn went on to have a healthy baby boy, alongside her daughter.
In August 2022, following the Supreme Court’s decision to overturn Roe v. Wade in the Dobbs v. Jackson Women’s Health Organization case, Tennessee began enforcing its abortion trigger law, which limits abortions with only a few exceptions for medical emergencies.
This year, Tennessee also passed a law making it illegal to assist a minor in traveling out of state for abortion services. However, a federal judge suspended this law in September, stating that it raised First Amendment issues concerning free speech.
With ten states preparing to vote on abortion-related constitutional amendments and two presidential candidates expressing vastly different views on the topic, abortion remains a significant issue for many Americans.
Kathryn is part of the Center for Reproductive Rights’ lawsuit Blackmon v. State of Tennessee, which challenges the state’s abortion ban for those with critical medical conditions during pregnancy. Here is Kathryn’s abortion story, as shared with YSL News Opinion.
Note: This interview has been shortened for brevity and clarity.
What was your experience when you found out about your pregnancy?
I now have a five-year-old daughter. In the summer of 2022, my husband and I discussed expanding our family. The recent overturning of Roe v. Wade left me feeling quite anxious. I knew of many people who had lost pregnancies and required D&C (dilation and curettage). At that time, my pregnancy was going smoothly without issues, and I went on a family trip before my 20-week appointment.
During the anatomy scan, the doctor informed us about several fatal abnormalities. We consulted a specialist the following day, who indicated that the fetus was unlikely to survive the pregnancy.
Given this dire situation, we chose to have an abortion. However, being 21 weeks pregnant made access to care in Tennessee impossible. Our doctors advised that they could not assist unless we were going to continue the pregnancy.
Due to the abortion restrictions in the Southeast, obtaining care took a long time. Thankfully, we found a clinic in D.C. and had the means to travel there and undergo the procedure. The cost was significantly higher as we were seeking a late-term abortion.
What were your thoughts when you learned about the issues with your pregnancy and the abortion laws in Tennessee?
I was completely blindsided. There were no hints leading up to this moment that suggested any complications. Initially, I felt disbelief, followed quickly by sorrow upon receiving the second opinion: I came to terms with just how critical the situation was.
Then I felt utterly powerless and solitary. The medical professionals who had been caring for me before displayed empathy, yet they were unable to help me.
My physician said, “Our hands are tied.”
We had to conduct much of the research by ourselves, which felt overwhelming.
The process took three days, involving phone calls, financial arrangements, and determining who could look after our five-year-old daughter. I was constantly considering what was best for my daughter, myself, and my family while weighing all these factors.
What did the medical staff in Washington say about your experience receiving abortion care?
They didn’t go into detail about the bans but mentioned they had seen an increase in patients like myself needing to travel to their clinic. What stood out to me most was their compassion, kindness, and the level of care they provided. It was the first time throughout this ordeal that I truly felt acknowledged and cared for.
Once we arrived in D.C., we underwent a couple of ultrasounds, and the results were troubling: the baby had ceased growing. Her bladder was outside the body, she had brain damage, and a severe spina bifida. There was no single issue; the conditions were severe throughout.
When my physician entered the room, she stated, “This baby has abnormalities from head to toe.”
How has this experience affected your thoughts and actions regarding the upcoming election, if at all?
I’ve always felt that women and individuals who are pregnant should have the autonomy to make decisions about their own bodies and lives. However, this experience brought that belief to a deeper, more emotional level for me. I realized just how intricate and challenging each situation can be.
I don’t think it’s feasible to create laws around this topic that truly provide individuals with dignity, freedom, and necessary access to healthcare, which is also tied to the concept of life.
In the past, my voting choices would have consistently aligned with pro-choice policies. Now, there’s an additional layer of urgency and feeling involved.
What message do you want people to take away from your experience?
My wish is for people to understand that we need to trust individuals to make the choices that are best for their families, their own well-being, and their babies, no matter the stage of pregnancy. I participated in the case to highlight that what occurred to me is a common situation for many.
Before the overturning of Roe, the issues wouldn’t have felt nearly as complex. I hope that by sharing my story and discussing the case, others can gain a bit more empathy and understanding for why this is essential healthcare.