Abortion in Oregon

Last updated

Abortion in Oregon is legal at all stages of pregnancy. [1] [2]

Contents

The number of abortion clinics in Oregon has declined over the years, with sixty in 1982, forty in 1992, and fifteen in 2014. There were 8,231 legal abortions in 2014, and 8,610 in 2015.

History

The parents of Becky Bell worked with the Feminist Majority Foundation in the 1990s, which credited them with helping to turn public opinion against a parental-notification law in Oregon. [3]

Legislative history

In the late 1960s, Arkansas, California, Colorado, Georgia, Maryland, New Mexico, North Carolina, and Oregon made reforms to their abortion laws, with most of these states providing more detailed medical guidance on when therapeutic abortions could be performed. [4]

In 1962, the American Law Institute published their model penal code, as it applied to abortions, with three circumstances where they believed a physician could justifiably perform an abortion: "If ... there is substantial risk that the continuance of the pregnancy would gravely impair the physical or mental health of the mother, or that the child would be born with grave physical or mental defect, or that the pregnancy resulted from rape, incest, or other felonious intercourse." Versions of this model were passed into law in many states during the late 1960s and early 1970s. Oregon was an exception in that they chose to model their law after the British Abortion Act of 1967. [5] State law as of 1971 required that any woman getting a legal abortion in the state needed to be a resident for some specific period between 30 and 90 days. [5]

As of 2017, California, Oregon, Montana, Vermont, and New Hampshire allow qualified non-physician health professionals, such as physician assistants, nurse practitioners, and certified nurse midwives, to do first-trimester aspiration abortions and to prescribe drugs for medical abortions. [6] In Oregon the Reproductive Health Equity Act was passed in 2017, which required health insurance to offer abortion coverage and to absorb most of the costs for the procedure, instead of passing them along to women. [7] [8] [9] As of August 2018, the state had a law to protect the right to have an abortion. [10] [7] As of May 2019, Oregon was one of only a few states in the nation that had no gestational age limit on abortion, and the only one with no restrictions at all. [7]

Ballot box history

There was a ballot box measure in 2018 that sought to limit the ability of the state to use public funds to pay for abortions. This was rejected by voters. [7] [11]

Judicial history

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. [4] However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , No. 19-1392 , 597 U.S. ___(2022) later in 2022. [12] [13]

Clinic history

Number of abortion clinics in Oregon by year Number of abortion clinics in Oregon by year.png
Number of abortion clinics in Oregon by year

Between 1982 and 1992, the number of abortion clinics in the state decreased by twenty, going from sixty in 1982 to forty in 1992. [14] In 2014, there were fifteen abortion clinics in the state. [15] In 2014, 78% of the counties in the state did not have an abortion clinic. That year, 30% of women in the state aged 15–44 lived in a county without an abortion clinic. [10] In 2017, there were 12 Planned Parenthood clinics, of which 8 offered abortion services, in a state with a population of 911,617 women aged 15–49. That year, 30% of women in the state aged 15–44 lived in a county without an abortion clinic. [16]

Statistics

In the period between 1972 and 1974, there were no recorded illegal abortion deaths in the state. [17] In 1990, 332,000 women in the state faced the risk of an unintended pregnancy. [14] In 2013, among white women aged 15–19, there were 760 abortions, 60 abortions for black women aged 15–19, 140 abortions for Hispanic women aged 15–19, and 70 abortions for women of all other races. [18] In 2014, 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. [19] In 2017, the state had an infant mortality rate of 5.4 deaths per 1,000 live births. [20]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [21]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
US Total1,528,9301,363,6901,365,73025.922.922.9–12
Pacific368,040290,520288,19038.730.530.1–22
Alaska2,3701,9902,04016.514.214.6–11
California304,230240,240237,83042.133.433–22
Hawaii12,1907,5106,9304629.327.3–41
Oregon16,06015,59015,05023.922.621.6–10
Washington33,19025,19026,34027.720.220.9–24
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence % obtained by

out-of-state residents

YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Oregon7,6839.91698,23110.61819.62014 [22]
Oregon7,847101728,61010.918911.22015 [23]
Oregon8,23010.31818,94211.219610.62016 [24]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion financing

Seventeen US states, including Oregon, used their own funds to cover all or most "medically necessary" abortions sought by low-income women under Medicaid, thirteen of which are required by State court orders to do so. [25] In 2010, the state had 3,427 publicly funded abortions, of which none were federally funded, and all were state funded. [26]

Abortion rights views and activities

Women's March on Portland 2017 Women's March on Portland - 55.jpg
Women's March on Portland 2017

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. [27]

Following the overturn of Roe v. Wade on June 24, 2022, at least 2,000 abortion rights protesters gathered for a protest in Downtown Portland, Oregon. [28] 10 people were arrested at a June 24 protest in Eugene. [29]

Anti-abortion views and activities

Violence

The first clinic arson occurred in Oregon in March 1976 and the first bombing occurred in February 1978 in Ohio. [30] [31] The attack took place at a Planned Parenthood clinic in Eugene and was committed by an individual. [31]

Rachelle "Shelley" Shannon attempted to set fires at abortion clinics in Oregon, California, Idaho and Nevada during the late 1980s and early 1990s and eventually pleaded guilty for these cases of arson.  In 1993, she was found guilty of attempted murder of George Tiller in 1993 at his Wichita, Kansas clinic. [31]

On November 23, 2021, Devin Kruse, 27, destroyed several windows and security cameras at a Planned Parenthood in Grants Pass, Oregon. He pleaded guilty to two counts of violating the federal Freedom of Access to Clinic Entrances Act. [32]

Related Research Articles

Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.

Abortion in Arkansas is illegal except when it is necessary to save the life of the mother. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.

Abortion in Delaware is legal up to the point of fetal viability. 55% of adults said in a poll by the Pew Research Center that abortion should be legal and 38% stated it should be illegal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. In 2017, Senator Bryan Townsend, D-Newark introduced legislation to try to make clear that abortion would remain legal in the state in case 1973's Roe v. Wade ruling was overturned. The legislation was subsequently updated. Attempts have been made to introduce mandatory ultrasound laws, but they failed to get out of committee. State legislators tried to move ahead the week at which a woman could get a legal abortion in 2019.

Abortion in Hawaii is legal. 66% of adults in Hawaii said in a poll by the Pew Research Center that abortion should be legal in all or most cases. Hawaii began allowing elective abortion care de jure in 1970, the first state to do so. State law enacted at that time stated said, "the State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female."

Abortion in Idaho is illegal from fertilization. Following the overturning of Roe v. Wade on June 24, 2022, abortion in Idaho was criminalized by the trigger law which states that a person who performs an abortion may face two to five years of imprisonment. The ban allows exceptions for maternal health, rape and incest within the first trimester. The law took effect on August 25, 2022.

Abortion in Maine is legal, although terminations after fetal viability can only be performed if a physician determines it to be medically necessary. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal, with 33% stating that it should be illegal in all or most cases.

Abortion in Minnesota is legal at all stages of pregnancy. The Minnesota Supreme Court ruled the Minnesota Constitution conferred a right to an abortion in 1995 and the DFL-led Minnesota Legislature passed and Minnesota Governor Tim Walz signed into law a bill in 2023 to recognize a right to reproductive freedom and preventing local units of government from limiting that right, making Minnesota the first state in the nation in the post-Roe era to ensure residents have a legal right to an abortion.

Abortion in Montana is legal. The number of abortion clinics in Montana has fluctuated over the years, with twenty in 1982, twelve in 1992, eight providers of which seven were clinics in 2011, and five clinics in 2014. There were four clinics from 2015 to February 2018 when All Families Healthcare clinic in Whitefish reopened. There were 1,690 legal abortions in 2014, and 1,611 in 2015.

Abortion in Nebraska is legal up to the 12th week of pregnancy, after new legislation was signed in May 2023. In June 2023, a lawsuit was filed to challenge the state's abortion law. The legislation establishing the law contained provisions concerning both abortion and gender-affirming care, while the state constitution prohibits bills that legislate on multiple issues at once.

Abortion in Nevada is legal up to the 24th week of pregnancy, under the Nevada Revised Statutes chapter 442, section 250; and after 24 weeks if the pregnancy could be fatal for the pregnant woman. 62% of adults said in a poll by the Pew Research Center that abortion should be legal while 34% said it should by illegal in all or most cases. Legislation by 2007 required informed consent. Attempts were successfully made to pass abortion legislation in May 2019, being pushed through a largely Democratic controlled state legislature. The number of abortion clinics in Nevada has declined over the years, with 25 in 1982, seventeen in 1992 and thirteen in 2014. There were 8,132 legal abortions in 2014, and 7,116 in 2015. Due to the high level of support for abortion rights, continued access to abortion is supported by all parties, including the Republicans.

Abortion in North Dakota is illegal. The state's sole abortion clinic relocated to Minnesota.

Abortion in Rhode Island is legal. On June 19, 2019, the legal right to abortion was codified into Rhode Island law by passage of the Reproductive Privacy Act.

Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.

Abortion in Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".

Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.

Abortion in Vermont is legal at all stages of pregnancy. A 2014 Pew Research Center poll showed 70% of adults in the state believed abortion should be legal in most or all cases, the second highest percentage in the country. The state funds abortions deemed medically necessary for low-income women via Medicaid.

Abortion in the U.S. state of Virginia is legal up to the end of the second trimester of a pregnancy. Before the year 1900, abortion remained largely illegal in Virginia, reflecting a widespread trend in many U.S. states during the 19th and early 20th centuries. Abortion was viewed as a criminal act and subject to state laws that prohibited it. However, by 1950, Virginia introduced a legal therapeutic exception, allowing for abortion under specific circumstances, primarily when a woman's physical or mental health was at risk. Notably, the University of Virginia Hospital established a review board in 1950 responsible for evaluating and approving abortion requests, particularly those grounded in psychiatric reasons. This thorough approval process resulted in a significant decrease in the number of abortions performed at the hospital.

Abortion in Washington is legal up to the point of fetal viability, or in case the pregnancy poses a risk to life or health. In a poll by the Pew Research Center, 60% of adults said that abortion should be legal in all or most cases.

Abortion in West Virginia is illegal except in cases of rape, incest, fatal fetal abnormalities, and when the mother’s life is at risk from a pregnancy.

Abortion in New Mexico is legal at all stages of pregnancy. The number of abortion clinics in New Mexico has declined over the years, with 26 in 1982, 20 in 1992 and 11 in 2014. There were 4,500 legal abortions in 2014. There were 7 facilities providing abortion in New Mexico in 2017, and 6 of those were clinics. In 2017, 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.

References

  1. ↑ "Are there *any* states working to protect abortion rights?". Well+Good. 2019-05-17. Retrieved May 25, 2019.
  2. ↑ Abortion policy in the absence of Roe, Guttmacher Institute, 1 September 2021.
  3. ↑ Lewin, Tamar (October 27, 1991). "In Debate on Abortion, 2 Girls Make It Real". The New York Times . p. 1.
  4. 1 2 Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID   11652642.
  5. 1 2 Tyler, C. W. (1983). "The public health implications of abortion". Annual Review of Public Health. 4: 223–258. doi: 10.1146/annurev.pu.04.050183.001255 . ISSN   0163-7525. PMID   6860439.
  6. ↑ "Study: Abortions Are Safe When Performed By Nurse Practitioners, Physician Assistants, Certified Nurse Midwives". 17 January 2013. Retrieved 25 January 2017.
  7. 1 2 3 4 "Are there *any* states working to protect abortion rights?". Well+Good. 2019-05-17. Retrieved May 25, 2019.
  8. ↑ "HB3391". olis.leg.state.or.us. 2017. Archived from the original (PDF) on 2020-10-20. Retrieved 2019-07-06.
  9. ↑ "Oregon Health Authority: Reproductive Health Equity Act: Reproductive and Sexual Health: State of Oregon". www.oregon.gov. Retrieved May 25, 2019.
  10. 1 2 Panetta, Grace; lee, Samantha (2018-08-04). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Archived from the original on 2019-05-24. Retrieved 2019-05-24.
  11. ↑ Harbarger, Molly (2018-11-07). "Anti-abortion Measure 106 defeated in 2018 Oregon election". oregonlive.com. Retrieved May 25, 2019.
  12. ↑ de Vogue, Arinne (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  13. ↑ Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog . Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  14. 1 2 Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. Diane Publishing. ISBN   9780788174810.
  15. ↑ Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved 2019-05-23.{{cite web}}: CS1 maint: multiple names: authors list (link)
  16. ↑ "Here's Where Women Have Less Access to Planned Parenthood" . Retrieved 2019-05-23.
  17. ↑ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86–92. doi:10.2307/2133995. JSTOR   2133995. PMID   1269687.
  18. ↑ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved 2019-05-24.
  19. ↑ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved 2019-05-23.
  20. ↑ "States pushing abortion bans have highest infant mortality rates". NBC News. 24 May 2019. Retrieved May 25, 2019.
  21. ↑ Henshaw, Stanley K. (2005-06-15). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved 2019-06-02.
  22. ↑ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66 (24): 1–48. doi:10.15585/mmwr.ss6624a1. ISSN   1546-0738. PMC   6289084 . PMID   29166366.
  23. ↑ Jatlaoui, Tara C. (2018). "Abortion Surveillance — United States, 2015". MMWR. Surveillance Summaries. 67 (13): 1–45. doi:10.15585/mmwr.ss6713a1. ISSN   1546-0738. PMC   6289084 . PMID   30462632.
  24. ↑ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi: 10.15585/mmwr.ss6811a1 . ISSN   1546-0738. PMC   6289084 . PMID   31774741.
  25. ↑ Francis Roberta W. "Frequently Asked Questions". Equal Rights Amendment. Alice Paul Institute. Archived from the original on 2009-04-17. Retrieved 2009-09-13.
  26. ↑ "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
  27. ↑ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved May 25, 2019.
  28. ↑ Macuk, Anthony (June 24, 2022). "Thousands gather in downtown Portland to protest the overturning of Roe". KGW NBC 8.
  29. ↑ Campbell, Sam (June 25, 2022). "10 arrested in Eugene protest of SCOTUS Roe v Wade overturn". KOIN CBS 6. Retrieved June 26, 2022.
  30. ↑ National Abortion Federation. (2007). "Arsons and Bombings "National Abortion Federation: Clinic Violence: Arsons and Bombings". Archived from the original on September 26, 2011. Retrieved May 22, 2019.." Retrieved February 10, 2007.
  31. 1 2 3 Jacobson, Mireille; Royer, Heather (December 2010). "Aftershocks: The Impact of Clinic Violence on Abortion Services". American Economic Journal: Applied Economics. 3: 189–223. doi:10.1257/app.3.1.189.
  32. ↑ "Man pleads guilty to breaking windows at Planned Parenthood". Associated Press. September 20, 2022. Retrieved September 20, 2022.
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