A long-simmering debate within the pro-life movement has resurfaced as Republican lawmakers in multiple states push to criminalize abortion, not only for providers but for women who self-induce. The legislative efforts—sparked in part by the increasing availability of abortion pills through the mail—have reignited tensions among conservative activists, revealing a widening rift in strategy and moral philosophy.
The push for what some call “equal protection” laws follows the 2022 overturning of Roe v. Wade, which returned the regulation of abortion to the states. Some lawmakers and anti-abortion advocates now seek to extend homicide laws to unborn children, a move they argue is necessary to curb what they see as an explosion of self-managed abortions using mail-order pills. While most mainstream pro-life organizations oppose punishing women who seek abortions, a vocal minority believes such criminalization is the logical extension of recognizing fetal personhood.
The debate became national news in 2016 when then-presidential candidate Donald Trump said there should be “some form of punishment” for women who have abortions. His comment was met with widespread backlash, including from pro-life groups, leading him to quickly walk it back. But since the fall of Roe, the question has gained renewed attention.
North Dakota recently rejected one such bill, HB 1373, that would have expanded the state’s homicide code to include unborn children from the moment of fertilization. Republican Rep. Lori Van Winkle, who introduced the bill, argued that it would close legal loopholes and affirm the humanity of the unborn. “It would have made it clear that unborn children are human,” she told lawmakers. But opposition came not just from abortion-rights advocates like Planned Parenthood and the ACLU, but from prominent pro-life groups as well.
Among those urging lawmakers to reject the measure was the North Dakota Family Alliance. Its executive director, Mark Jorritsma, acknowledged the intent behind the bill but said it missed the mark. “You’re punishing the wrong person,” he said, arguing that many women face pressure and emotional turmoil when making the decision to abort. He also raised practical concerns, warning that such laws would stretch law enforcement resources and lead to a spike in incarceration. The state’s Catholic Conference agreed, warning that the legislation would ultimately be struck down in court.
The defeat of HB 1373 followed a letter campaign by North Dakota Can, a conservative group that supported the bill. Executive Director Amber Vibeto argued that legal immunity for women undermines abortion bans and renders them ineffective. She insisted the intent was not to imprison women en masse but to include the unborn under existing homicide protections.
In Georgia, similar tensions emerged around HB 441, the Georgia Prenatal Equal Protection Act. Introduced by Rep. Emory Dunahoo, the bill aimed to bring unborn children under the state’s homicide code. “Tens of thousands of babies…continue to be murdered in our state every year,” Dunahoo said during a hearing. Georgia Right to Life supported the bill, calling abortion a criminal act deserving legal penalties. The group’s executive director, Zemmie Fleck, emphasized the moral gravity of the issue and said criminalization is consistent with recognizing the personhood of the unborn.
But the Georgia Life Alliance, the state’s largest pro-life group, opposed the bill, citing serious concerns. In a letter to lawmakers, the organization said punitive measures would traumatize women, deter them from seeking medical care, and push abortion underground. “We can love them both by pursuing ways to help women and children,” the group wrote.
HB 441 ultimately failed to reach a vote, though it remains eligible to be revived later. Legislative efforts in states like Texas, Missouri, and Oklahoma have followed a similar pattern, drawing support from some grassroots conservatives but encountering resistance from national pro-life organizations.
In Oklahoma, tensions came to a head when delegates to the Republican Party convention voted to censure lawmakers who opposed abortion criminalization. But on the national level, leading pro-life groups such as Susan B. Anthony Pro-Life America and March for Life have made their stance clear: punishing women is a line they will not cross. In a joint open letter, dozens of organizations reiterated their view that women are victims of abortion and deserve compassion, not prosecution.
Kelsey Pritchard, communications director for Susan B. Anthony Pro-Life America, said none of the criminalization bills have advanced out of committee and that public support for such laws remains limited. “No state pro-life law criminalizes women,” she said, citing polling and internal research that indicate coercion plays a major role in many abortion decisions.
Yet not everyone in the movement agrees. Abby Johnson, a former Planned Parenthood employee turned pro-life activist, has been vocal in her support of criminal penalties. She believes accountability should apply equally and that criminalization could serve as an effective deterrent. “It’s the conservative thing to do. It’s the lawful thing to do. It’s the biblical thing to do,” she said.
Johnson, who says she would not have had abortions herself if laws had been in place, argues that focusing solely on abortion providers misses the point. “It’s going after the consumer,” she said, referring to women who take abortion pills. Though she continues to collaborate with more moderate pro-life groups, Johnson remains unapologetic in her position.
