Accuracy and Misleadingness of Anatomical and Embryological Statements in State‐Level Abortion Ban Legislation in the United States

TL;DR

This study finds that state-level U.S. abortion ban laws often include inaccurate or misleading anatomical and embryological claims, which can harm the health and well-being of those who can become pregnant.

Contribution

The study evaluates the scientific accuracy of anatomical and embryological claims in abortion legislation using expert ratings.

Findings

The average accuracy score of 57 statements was 3.0, indicating moderate accuracy.

The average misleadingness score was 2.5, showing a notable level of misleading information.

All statements were significantly different from being completely accurate and non-misleading.

Abstract

Objective: In the last 15 years, the United States has seen a surge in anti‐abortion legislation enacted at the state level. Many of these pieces of legislation utilize anatomical and embryological details to justify the necessity of abortion bans. In this study, we evaluated the level to which these statements are accurate and/or misleading, if at all, as determined by experts in anatomy and embryology.

Methods: Experts evaluated statements of anatomical and embryological fact included in Legislative Findings (or equivalent) sections of state‐level abortion ban legislation passed between January 2016 and January 2023 on their level of accuracy and misleadingness. We investigated 56 pieces of legislation from 23 states, which resulted in 57 testable statements common to 13 pieces of legislation across 12 states. Forty‐one experts in anatomy and embryology rated each statement from 1 (completely inaccurate/misleading) to 5 (completely accurate/non‐misleading).

Results: Mean accuracy for all 57 statements was 3.0 ± 1.2 (range: 1.4–4.3) and the overall level of misleadingness was 2.5 ± 1.2 (range: 1.3–3.8).

Conclusion: All 57 statements were significantly different from a null expectation of completely accurate and completely non‐misleading. Statements made about anatomy and embryology aim to justify abortion bans but contain, to varying extents, inaccurate and misleading information, thereby contributing to the detrimental effects of restrictive abortion legislation on the health and well‐being of pregnancy‐capable people.

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