New Queensland Abortion Law Replaces the Word ‘Woman’ With ‘Person’

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A Queensland law that will enable nurses and midwives to prescribe abortion drugs has removed the word “woman” from the text of the document, and replaced it with “person.”

The legislation (pdf), which passed the parliament on March 7, also replaces the word “herself” with “themself.”

Multiple references to woman, women, and herself in the Termination of Pregnancy Act 2018 were omitted and replaced.

The new Health and Other Legislation Amendment Bill (No. 2) 2023 instead focuses on gender-neutral terminology.

For example, the bill omits the words, “on a woman,” and inserts, “on another person.”

In another section, both the words “woman” and “herself” are replaced with “person who consents to, assists in, or performs a termination on themself.”

An extract from the Queensland Health and Other Legislation Amendment Bill (No. 2) 2023

The Labor Party and Greens supported the removal of gendered language, while the Liberal National Party and Katter’s Australia Party opposed it.

Liberal National Party Shadow Health Minister Ros Bates questioned whether International Women’s Day could be replaced with International Person’s Day in the future.

“The bill removes the gendered language from the Termination of Pregnancy Act and related provisions in the Criminal Code and the Powers of Attorney Act. ‘Woman’ is being replaced with ‘person,’” she said in Parliament (pdf).

“The opposition will vote against the provisions of the bill which make amendments to the Termination of Pregnancy Act 2018 and Criminal Code. We cannot support these changes.”

Minister Says Change Will Remove ‘Barriers’ to Abortion

Health Minister Shannon Fentiman has defended the use of gender-neutral language in the legislation.

Ms. Fentiman argued the move would protect Queensland health practitioners who provide termination of pregnancy services to transgender and gender-diverse individuals.

“Several members expressed concerns about the bill using gender-neutral language in relation to termination of pregnancy. Currently, the Termination of Pregnancy Act only authorises a termination of pregnancy to be performed on a woman,” she said.

Ms. Fentiman said changing the terminology provides legal clarity and “access and equity for all Queenslanders” needing this important health care.

“Updating the act to use gender-neutral language ensures equal access to termination-of-pregnancy care by removing a legal barrier for transgender, gender-diverse, and non-binary people.

“This is consistent with the approach taken to other important legislation recognising transgender people, including the Births, Deaths and Marriages Registration Act 2003.”

‘Completely and Utterly Opposed’: Opposition MPs

Liberal National Party Member for Southern Downs James Lister also voiced his concerns, saying he was “completely and utterly opposed” to the measures.

“Even those who would not commonly be associated with the Liberal National Party, such as lobby groups that you would say are on the left of the political spectrum, have been absolutely adamant that only a woman can bear a child and only a woman can be a mother,” Mr. Lister said.

“If I were to put the proposition that a mother could be a man or someone else in the streets of Goondiwindi, Inglewood, Texas, Stanthorpe, or Allora, I would be laughed at, at best. This is another example of the government rooting around in extraneous woke items instead of dealing with the things that are really important to Queenslanders, and in my electorate health care is important.”

Liberal National Party member for Toowoomba North, Trevor Watts, described replacing the reference to woman with person as “contentious” and said it should not be in the bill.

“I do not think I need to explain this statement to anybody in Queensland, but if someone is seeking these services they are clearly a woman and they do not need to be replaced with ‘person’ in the Act,” Mr. Watts said.

The opposition moved an amendment to consider gender-neutral language, along with changes to abortion separately, but this amendment was voted down.

Midwives and Nurses Will Be Able to Prescribe Abortion Drug

The legislation that passed the Queensland Parliament was wide-ranging and will also allow nurses and midwives to prescribe the abortion drug MS-2 Step.

The drug MS-2 Step can be used to terminate a pregnancy up to 63 days from gestation.

“The Bill will allow nurse practitioners, endorsed midwives, and qualified registered nurses and midwives to perform medical terminations in the early stages of pregnancy,” the government said.

“Currently in Queensland, a person in the early stages of pregnancy can only obtain a prescription for the medical termination of pregnancy drug, MS-2 Step, from a doctor.”

Ms. Fentiman said she was proud to be making reform a reality for Queensland women and girls.

“I am proud that we are enhancing access to medical termination of pregnancy, especially for people who live in rural and regional Queensland,” Ms. Fentiman said (pdf).

Ms. Fentiman said access to safe termination-of-pregnancy care is “a human right” essential for sexual and reproductive autonomy.

However, her shadow counterpart, Ms. Bates, raised concerns about safety risks for women in rural and regional Queensland.

“The government’s priority should be establishing and maintaining effective and well-resourced health services across these geographies, getting the fundamentals right and then expanding. To do the opposite risks patient safety.”

Meanwhile, an Education (General Provisions) and Other Legislation Amendment Bill 2024 introduced to Parliament on March 6 also removes the use of gender language.

The proposed law omits the words “him” or “her” and inserts “the child” or “young person.”

In another section, “his or her” is replaced with “their.”