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16 Va. Sports & Ent. L.J. 216 (2016-2017)
Burying Abortion in Stigma: The Fundamental Right No One Wants to Discuss. Abortion Portrayal on Film and Television

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VOL.16:2        VIRGINIA SPORTS AND ENTERTAINMENT LAW JOURNAL     SPRING 2017


Note


              Burying Abortion in Stigma:

    The Fundamental Right No One Wants to

                               Discuss.

   Abortion Portrayal on Film and Television


                            Miriam Wayne'



                            INTRODUCTION

         The  fifth season's mid-season finale of Scandal, a drama  centered
around  a crisis management  firm  solving problems of key  political players,
portrayed an abortion procedure for the first time on network television. The
episode  was  highly praised for  actually portraying the procedure. Shonda
Rhimes,  creator and showrunner of the hit, is known for pushing the limits and
this depiction was no exception. But still, forty-four years after Roe v. Wade,2
where  the Supreme  Court held that abortion is a fundamental right, abortion is
still deeply stigmatized in its portrayals on television and in films. Not only are
the portrayals typically buried in stigma - unlike almost any  other medical
procedure portrayed - but they are muddled with falsehoods and misconceptions
about the entire procedure. Even more, the procedure itself is hardly ever shown.
Thus, Scandal's depiction of abortion as a normal, unregrettable choice, deserves
praise for breaking free from the typical abortion story structure.
         But the depiction is not without its shortcomings. The character, Olivia,
is single, affluent, and involved with  multiple men.  She  chooses abortion
because  of her career rather than family. Even more, the episode foregoes the
inclusion of any of the structural and legal barriers that women face when trying
to obtain an abortion. While the portrayal depicts a woman of color, it does not
accurately depict the structural barriers women face. Many women must  travel
immense  distances to the nearest clinic and, once they arrive, they may be forced
to  wait twenty-four,  forty-eight, or seventy-two  hours from   their initial
appointment  so that they can think about this dectsion.' On top of this, Medicaid,
the Affordable Care Act, and most private insurance companies do not cover the
cost of an abortion.' These are just a few of the barriers to abortion access.


I J.D. Candidate, University of California, Berkeley, School of Law, 2018; B.S., Drexel University,
2015. Editor of the California Law Review, and Managing Editor of the Berkeley Journal of Criminal
Law. The views expressed here are solely my own, and no part may be reproduced without my
permission.
2 Roe v. Wade, 410 U.S. 113 (1973).
   Counseling and Waiting Periods for Abortion, Guttmacher Inst. (Oct. 1, 2017),
https://www.guttmacher.org/state-policy/explore/counseling-and-waiting-periods-abortion.
  Larie Sobel, Alina Salganicoff & Caroline Rosenzweig, Abortion Coverage in Private Insurance
Plans Under the American Health Care Act (June 21, 2017), https://www.kff.org/womens-health-
policy/issue-brief/abortion-coverage-in-private-insurance-plans-under-the-american-health-care-act/.
                                    216

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