Victimhood and “Compassionate” Exceptions as Patriarchal Social Control in Anti-abortion Legislation

Abstract

This paper examines the unprecedented legislative changes currently sweeping the abortion landscape in the United States, and how such changes do not simply criminalize abortion but also uphold patriarchal social norms that extend beyond the issue of reproductive rights. Through a qualitative analysis of total and hyper-restrictive abortion bans from 2018 to 2022, we find that these bans typically involve seemingly “compassionate” exceptions and that they avoid criminalizing abortion seekers. While such elements are often framed as rooted in a concern for the well-being of pregnant persons, our analysis reveals the ways that this language ultimately reinforces patriarchal gender roles.