Title IX has emerged as a crucial piece of legislation in the wake of the landmark Supreme Court decision to overturn Roe v. Wade. It assists in upholding the rights and protections of pregnant women in educational settings.
Understandably, parsing through how Title IX protects pregnant women post-Roe v. Wade can be complex without the right legal background. Every citizen deserves to understand the full extent of their rights, which is why this article will easily guide you through these legal complexities.
The Roe v. Wade decision, made by the U.S. Supreme Court in 1973, was a pivotal moment for women’s rights in North America. It recognized a woman’s legal right to choose an abortion, setting a precedent that protected women’s privacy and reproductive rights under the U.S. Constitution nationwide.
This landmark ruling significantly impacted not just the legal landscape but also the cultural and social attitudes toward women’s reproductive health and freedom. Many women faced dangerous and, at times, life-threatening conditions to seek abortions due to the lack of legal and safe options before Roe v. Wade. The decision led to improved healthcare and autonomy for women, allowing them to make choices about their bodies and futures without undue government interference.
We must also understand that at the time, simply speaking about women’s menstrual cycles was still considered “gross” or “taboo.” Women’s bodies were meant to be seen and enjoyed, not cared for and understood. Roe v. Wade opened the door for a slew of discussions that paved the way for women’s rights not just in the medical field, but on a sociocultural level.
The Supreme Court overturned Roe v. Wade in 2022, a decision that profoundly changed the legal landscape regarding abortion in the United States. This reversal allowed individual states to set their own abortion laws, leading to a patchwork of regulations that vary significantly across the country. Strict abortion bans have been enacted in some states, while others have taken steps to protect and expand access to abortion.
However, the implications stretch far beyond denying a person’s right to an abortion. Many times, women seek pregnancy termination procedures for reasons such as rape, incest, life-threatening pregnancies, or even due to the lack of finances. The overturning of Roe v. Wade not only put women’s lives in danger, but the resulting child may not have access to safe, quality care if a woman is forced to carry the pregnancy to term.
Additionally, as legislation changes in some states, so does the definition of when pregnancy starts. These changes open the door for states to enact other dangerous forms of legislation. For example, states such as Georgia and Arizona make it legal for pharmacists to refuse to dispense contraceptives for religious reasons. There’s also the increased risk of criminal charges for those who accidentally miscarry.
Title IX, passed as part of the Education Amendments of 1972, began as a law aimed at preventing sex-based discrimination in any education program or activity receiving federal financial assistance. Initially intended to address inequalities in academics and athletics, Title IX’s reach has since expanded to include sexual harassment and assault, ensuring a safe and equitable educational environment for all students.
It led to an increase in female participation in collegiate sports, significantly narrowed the gender gap in higher education, and laid the groundwork for policies regarding gender equality in schools. Title IX ensures that students or staff can participate in any educational or employment opportunity regardless of their sex, sexual orientation, or gender identity.
Now that we’ve laid the groundwork and have a better understanding of what these rights mean, we can sufficiently answer the question: How does Title IX protect pregnant women post-Roe v. Wade? The answer, much like these laws and legislations, is complex. While it cannot aid in terms of access to abortion and contraceptives, it can continue to ensure that women, regardless of their pregnancy status and mental health, receive protection.
Title IX mandates that educational institutions offer reasonable accommodations for pregnant students and staff to ensure their safety and well-being. These accommodations can include allowing more frequent breaks, providing a private space for breastfeeding, or excusing absences due to pregnancy or childbirth-related medical appointments. The goal is to prevent circumstances where pregnant women must choose between their health and their education or job.
Title IX helps maintain an inclusive environment that supports the educational and occupational aspirations of pregnant individuals by requiring schools and universities to adapt their policies and practices. This requirement ensures that pregnancy does not become a barrier to one’s educational and professional progress.
Title IX also ensures that pregnant women have equal access to educational programs and activities. Schools and universities cannot exclude any student from participating in classes, extracurricular activities, or sports due to pregnancy or related conditions. The university must treat pregnant women as they would any other person with a temporary medical condition if a pregnant woman should choose to continue participating in a sport or activity.
For instance, the school should allow a pregnant student to return to the same academic and extracurricular status as before her leave if she requires a temporary leave. Additionally, a coach or teacher cannot force someone to stop participating simply because it is against their religious or personal beliefs. This provision ensures that pregnant students receive fair treatment and that the school does not penalize or set them back in their academic goals.
Under Title IX, harassment based on pregnancy, childbirth, or related medical conditions is strictly illegal. Educational institutions must take immediate and effective action to investigate any complaints of discrimination, including bullying, verbal and sexual harassment, or sexual assault.
They must also take the steps necessary to prevent its reoccurrence and protect the victim. These steps and protections can include accommodations such as allowing the student to switch dorms or giving an employee a separate office away from their alleged aggressor.
Title IX stands tall and continues to protect pregnant women from unjust treatment as damaging legislations continue to pass and some people become more comfortable in their bigotry. However, Title IX isn’t the only shield pregnant women have.
The Law Firm of Tamara N Holder dedicates itself to protecting the rights of women across the country. Our Title IX lawyers have extensive experience in handling discrimination cases and will work tirelessly to ensure that your rights remain protected.
