The New York Times omitted critical context in reporting on a recently enacted Arkansas law that requires doctors to determine whether a person is choosing an abortion based on sex preference -- an approach based on the false premise that the practice is widespread.

On March 30, Arkansas enacted a law requiring medical providers to ask a patient seeking an abortion whether she knows the sex of the fetus. If she does, she must be informed that sex-selective abortions are prohibited, and the doctor must also have access to her complete pregnancy history. In describing this legislation, the Times failed to include critical context about so-called “sex-selective” abortions -- a term used by anti-choice legislators as justification to restrict abortion even though there is little scientific evidence supporting the necessity of a ban on the practice. The Times also failed to mention that “sex-selective” abortion bans could have discriminatory effects on Asian Americans because of assumptions about their preferences based on stereotypes, which could effectively deny them access to abortion.

Instead, the Times wrote only that Arkansas is the eighth state to enact a “sex-selective” abortion ban, explaining that such abortions “occur most frequently where there is a strong gender bias that manifests in a preference for sons.” The lack of clarification helps perpetuate a harmful anti-abortion myth that has been frequently parroted in right-wing media.

In the United States, anti-choice legislators often rely on the myth that “sex-selective” abortions are a common practice to justify further restricting access to abortion. In reality, “sex-selective” abortions are rare in the United States. Despite right-wing and anti-choice allegations that protections are needed against so-called “sex-selective” abortions, these bans have no basis in scientific research or the medical practices of abortion providers. In a study conducted in Illinois and Pennsylvania following the enactment of “sex-selective” abortion bans in those states, researchers found that “the bans were not associated with changes in sex ratios at birth.”

Nevertheless, anti-choice lawmakers -- and in particular, those behind the Arkansas bill -- allege that such bans are necessary to protect against sex discrimination and prevent an imbalance of the gender ratio. Setting aside the fact that Arkansas’ population in 2015 was 50.9 percent female, as Vice News explained, “sex-selection abortions aren’t necessarily responsible for distorted gender ratios. Because there are multiple ways to ensure a fetus is a certain gender — for instance, parents are legally able to choose a fetus’s sex during in-vitro fertilization — it’s impossible to pinpoint why there might be more male babies born than female.”

The Arkansas law itself is titled “An Act to Create the Sex Discrimination By Abortion Prohibition Act” -- suggesting that lawmakers are banning a form of sex discrimination. As Slate explained, however, anti-abortion groups have long employed this “kinda-sorta feminist” framing to justify their support for banning “sex-selective” abortions when in reality, “sex-selective abortion in the United States appears to be — you guessed it! — extremely, extremely rare.” Romper called the law “a deceptive masterpiece of legislative word-smithing” in its co-option of gender discrimination as a justification for its anti-choice purpose. For example, the Arkansas law states that “victims of sex-selection abortion are overwhelming female,” yet it offers no data or statistics on “sex-selective” abortions supposedly occurring in the United States.

Beyond failing to clarify the fraudulent basis of “sex-selective” abortion bans, the Times also gave a platform to the Arkansas bill’s sponsor -- Republican Rep. Charlie Collins -- to promote racist stereotypes about non-white childbearers. Collins told the Times that the one-child policy in China prompted him to sponsor the bill, even though he had no evidence of sex-selective abortions occurring in Arkansas, or even in the United States. In fact, as a 2016 report from the Guttmacher Institute explained “in the United States, there is limited and inconclusive evidence that immigrants from [East and South Asia] -- or anywhere else -- are obtaining sex-selective abortions in this country.”

As Rewire noted, the Arkansas bill and others like it effectively turn Asian Americans seeking abortions into “suspects” -- particularly because the law imposes harsh penalties on any medical provider who is found in violation. Rewire further explained that Arkansas’ bill is an example of state legislators using “false stereotypes and misleading language to deny Asian American women the same access to safe, confidential, and comprehensive reproductive care as anyone else.”

By omitting critical context about the lack of evidence behind “sex-selective” abortion bans, as well as their racist underpinnings, The New York Times perpetuated and normalized harmful anti-choice misinformation that has little basis in reality.