Abortion in the District of Columbia

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Abortion in the District of Columbia is legal at all stages of pregnancy. In 1971, in United States v. Vuitch , the U.S. Supreme Court upheld a law saying abortion was allowed for health reasons, which include "psychological and physical well-being". Consequently, the District of Columbia became a destination for women seeking abortions starting that year.

Contents

The number of abortion clinics in the District has been declining in recent years, going from fourteen in 1982 to fifteen in 1992 to five in 2014. In 2017, there was only one Planned Parenthood clinic in the district offering abortion services. There were 2,790 legal abortions in the District in 2014 and 1,424 in 2015. The District is home to both pro-abortion rights and anti-abortion rights activism. On the pro-abortion rights side, Catholics for Choice and EMILY's List are based there. On the anti-abortion rights side, March for Life takes place annually protesting both the practice and legality of abortion on or around the anniversary of Roe v. Wade .

History

Because of the nature of their abortion laws, New York City and the District of Columbia became destination centers for women in 1971 who were seeking legal abortions. [1] In 1980, the District of Columbia provided local funding for poor women who sought abortions. These funds covered around 85% of all women in the district seeking abortions. Federal funding was no longer available as a result of the Hyde Amendment. Local funding meant that despite decreases in legal abortions in 39 other states without local funding, the District of Columbia saw an increase in the number of legal abortions. [1]

Legislative history

A law in Washington, D.C., which allowed abortion to protect the life or health of the woman, was challenged in the Supreme Court in 1971 in United States v. Vuitch . The court upheld the law, deeming that "health" meant "psychological and physical well-being", essentially allowing abortion in Washington, D.C. [2]

Judicial history

The 1971 case United States v. Vuitch involving a woman from the District of Columbia ruled that abortion can be legally justifiable for the mental health of the pregnant woman. [1] [3]

Clinic history

Number of abortion clinics in the District of Columbia by year Number of abortion clinics in the District of Columbia by year.png
Number of abortion clinics in the District of Columbia by year

Between 1982 and 1992, the number of abortion clinics in the state increased by one, going from fourteen in 1982 to fifteen in 1992. [4] In 1996, the District had 18 abortion clinics and was one of only three to gain clinics in the period between 1992 and 1996. [5] In 2014, there were five abortion clinics in the District. [6] [7] In 2017, there was one Planned Parenthood clinic, which offered abortion services, in an area with a population of 200,588 women aged 15–49. [8]

Statistics

In the period between 1972 and 1974, Texas and the District of Columbia had the highest illegal abortion deaths ratio and rates in the United States with rates of 62 and 21 deaths per million live births respectively. The deaths in the District of Columbia and New York in this period demonstrated that even where abortion is legal, women face circumstances that drive them to have irregular, non-physician assisted abortions.  There are a variety of factors for this including lack of education, poverty and distrust of the medical establishment. [9] In 1990, 93,000 women in the District faced the risk of an unintended pregnancy. [4] Based on the ratio of the number of women aged 15–44 years, in 2001, Idaho had the lowest rate of induced abortions at 3 per 1,000 women while the District of Columbia had the highest at 37 per 1,000. [10] In 2014, 70% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. [11]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [5]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
South Atlantic269,200261,990263,60025.924.624.7–5
Delaware5,7305,7904,09035.234.424.1–32
District of Columbia21,32021,09020,790138.4151.7154.512
Florida84,68087,50094,0503030327
Georgia39,68036,94037,3202421.221.1–12
Maryland31,26030,52031,31026.425.626.30
North Carolina36,18034,60033,55022.42120.2–10
South Carolina12,19011,0209,94014.212.911.6–19
Virginia35,02031,48029,94022.72018.9–16
West Virginia3,1403,0502,6107.77.66.6–14
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^^
District of Columbia1,4077.91482,79015.729355.62014 [12]
District of Columbia1,4247.91491,26771322015 [13]
District of Columbia2016 [14]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births


Abortion rights views and activities

Organizations

An advocacy organization called Catholics for Choice (CFC) was founded in 1973 to support the availability of abortion, stating that this position is compatible with Catholic teachings particularly with "primacy of conscience" and the importance of the laity in shaping church law. [15]

EMILY's List was founded in the District of Columbia in 1985. One of its goals was to try to support more female candidates that supported pro-abortion rights positions. [16]

Activities

In October 1984, CFC (then Catholics for a Free Choice) placed an advertisement, signed by over one hundred prominent Catholics, including nuns, in the New York Times. The advertisement, called A Catholic Statement on Pluralism and Abortion contested claims by the Church hierarchy that all Catholics opposed abortion rights, and said that "direct abortion ... can sometimes be a moral choice." The Holy See initiated disciplinary measures against some of the nuns who signed the statement, sparking controversy among American Catholics, and intra-Catholic conflict on the abortion issue remained news for at least two years in the United States. [17]

Protests

Since 2017 there has been an annual Women's March in Washington DC in January, the weekend of the anniversary of Roe v. Wade. [18]

#StopTheBans was created in response to 6 states passing legislation in early 2019 that would almost completely outlaw abortion.  Women wanted to protest this activity as other state legislatures started to consider similar bans as part of a move to try to overturn Roe v. Wade. [19]  Women from the District participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. [20] The largest protest as part of #StopTheBans took place at the U.S. Supreme Court in Washington, D.C., on May 21. [19] [20] People in attendance included NARAL President Ilyse Hogue and Planned Parenthood President Dr. Leana Wen. Many women wore red, referencing women in Margaret Atwood's The Handmaid's Tale . [20]

Following the overturn of Roe v. Wade on June 24, 2022, anti-abortion and pro-abortion rights activists demonstrated outside the Supreme Court building. [21] By noon, there was a major police presence around the Supreme Court building and the Capitol building, including police with riot gear, and police squad cars and SUVs. Multiple streets were barricaded by police. [22]

On June 30, 2022, more than 180 abortion rights protesters were arrested in Washington, D.C. after sitting and blocking an intersection near the Supreme Court. [23]

On July 4, 2022, abortion rights protests were held across the country, including Washington, D.C., New York City, Philadelphia, Boston, Los Angeles, Sacramento, San Francisco, San Diego, Portland, Seattle, Chicago, Minneapolis, Kansas City, Springfield, Madison, Milwaukee, Lansing, Detroit, Bloomington, Columbus, Cleveland, Cincinnati, Denver, Charlotte, Asheville, Atlanta, Roanoke, Birmingham, Tampa, Miami, Las Vegas, Albuquerque, Salt Lake City, San Antonio, Austin, and Houston. [24]

On July 9, 2022, another day of abortion rights protests occurred in cities across the country, with over 10,000 people marching in Washington, D.C. [25]

On July 19, 2022, 35 abortion rights protesters including 17 members of Congress were arrested in Washington, D.C. after blocking an intersection near the Supreme Court. [26]

On October 8, 2022, thousands of people marched and rallied in abortion rights protests in cities across the country, in conjunction with the Women's March in Washington, D.C.. [27]

On November 2, 2022, three abortion rights protesters were arrested in Washington, D.C. after interrupting arguments during a Supreme Court session. [28]

On January 20, 2023, abortion rights protesters disrupted an anti-abortion service in Washington, D.C.. [29]

On January 20, 2024, thousands of abortion rights protesters rallied and marched at more than 100 Women's March events nationwide, with the main events held in Phoenix, Arizona and Washington, DC. [30]

Anti-abortion activities and views

Activities

Youth Rally and Mass at Verizon Center (2006) Rally at MCI Center.JPG
Youth Rally and Mass at Verizon Center (2006)
Orthodox clergy and laity at the March for Life in 2012 Orthodox in attendance at March for Life 2011..jpg
Orthodox clergy and laity at the March for Life in 2012

The March for Life is an annual rally protesting both the practice and legality of abortion, held in Washington, D.C., on or around the anniversary of Roe v. Wade on January 22, a landmark decision issued in 1973 by the United States Supreme Court decriminalizing abortion. The march, whose stated mission is to "End abortion by uniting, educating, and mobilizing pro-life people in the public square", advocates for overturning Roe v. Wade. [31] [32] The event typically draws tens of thousands of attendees. [33] [34] The March for Life proceedings begin around noon. [35] They typically consist of a rally at the National Mall near Fourth Street (in 2018, this will be near 12th St. NW). [36] It is followed by a march which travels down Constitution Avenue NW, turns right at First Street NE, and then ends on the steps of the Supreme Court, where another rally is held. Many protesters start the day by delivering roses and lobbying members of Congress. [37] The first March for Life, which was founded by Nellie Gray, was held on January 22, 1974, on the West Steps of the Capitol, with an estimated 20,000 [38] supporters in attendance. The march was originally intended to be a one-time event, in hopes that the Supreme Court would reverse Roe v. Wade immediately a year after its ruling. However, after the first march in 1974, Gray took steps to institute the rally as a yearly event until Roe v. Wade was overturned by incorporating more grassroots anti-abortion activists into the march, which would later be officially recognized as a nonprofit organization the same year. [39] During the 33rd annual March for Life in 2006, the nomination of Judge Samuel Alito to the Supreme Court caused a major shift for the movement, because of the expectation that Alito would "win Senate approval and join a majority in overturning Roe." [40]

On October 22, 2020, five anti-abortion protesters were arrested after forcing their way into a clinic in Washington, DC and blocking people from entering. They were convicted of violating federal law and face up to 11 years in prison. [41]

Violence

1984 saw a surge in attacks on abortion clinics in the United States with 6 arson attacks and 23 bomb attacks.  These attacks caused over US$4.3 million in damages in nine states and the District of Columbia. [42] An incident of anti-abortion violence occurred at an abortion clinic in Washington, D.C., on July 4, 1984. [42]

1985 saw a renewed high levels of attacks on abortion clinics in the United States with seventeen arson attacks and eleven bomb attacks.  These attacks caused over US$3.8 million in damages in nine states and the District of Columbia. [42]

Related Research Articles

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

Abortion in Alabama is illegal. Under section 26-23H-4 of the Code of Alabama in the U.S. state of Alabama, it is unlawful for an abortion to be performed unless it is deemed absolutely necessary in order to prevent a serious health risk to the pregnant woman. There are no exceptions for rape or incest.

Abortion in Georgia is legal up to the detection of an embryonic heartbeat, which typically begins in the 5th or 6th week after the onset of the last menstrual period (LMP) or in two to three weeks after implantation. This law came into force on July 20, 2022, almost a month after the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) ruling. In 2007, mandatory ultrasound requirements were passed by state legislators. Georgia has continually sought to legislate against abortion at a state level since 2011. The most recent example, 2019's HB 481, sought to make abortion illegal as soon as an embryonic heartbeat can be detected; in most cases that is around the six-week mark of a pregnancy. Many women are not aware they are pregnant at this time. An injunction was issued against this bill by a federal judge, who ruled that it contravened the Supreme Court's 1973 ruling. A poll conducted by the Pew Research Center in 2014 found that 49% of Georgians believed abortions should be illegal in all or most cases vs 48% legal in all or most cases.

Abortion in Alaska is legal at all stages of pregnancy, as long as a licensed physician performs the procedure. As of 2016, Alaska does not require a minor to notify a parent or guardian in order to obtain an abortion. 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. Alaska was one of only four states to make abortion legal between 1967 and 1970, a few years before the US Supreme Court's decision in 1973's Roe v. Wade ruling. Alaska had consent requirements for women seeking abortions by 2007 that required abortion providers to warn patients of a link between abortion and breast cancer despite it being scientifically unsupported.

Abortion in Arizona is legal for up to 15 weeks gestation.

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 Colorado is legal at all stages of pregnancy. It is one of seven states without any term restrictions as to when a pregnancy can be terminated.

Abortion in Connecticut is legal up to the point of fetal viability, or after that if necessary to preserve the life or health of the pregnant woman. A poll by the Pew Research Center found that 67 percent of adults in the state believed that abortion should be legal in all or most cases. Abortions took place early in the state's history. People at that time talked about abortions using euphemisms. The death of Sarah Grosvenor following unsuccessful abortion resulted in a prosecution in colonial Connecticut. Connecticut became the first state to criminalize abortion after codifying its common law in 1821. Later, such laws were justified as trying to protect the life of the women from bad actors providing unsafe abortion services. The state was one of ten states in 2007 to have a customary informed consent provision for abortions. In 1965, the US Supreme Court heard the case of Griswold v. Connecticut, striking down laws that banned the sale, use of and prescription of contraceptives, even for married couples. The Court's later decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. In 1990, state law was amended to read, "the decision to terminate a pregnancy prior to the viability of the fetus shall be solely that of the pregnant woman in consultation with her physician", the first such law in state codifying the Court's holding in Roe, as it would be later modified by Planned Parenthood v. Casey.

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 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 Massachusetts is legal at all stages of pregnancy, although terminations after the 24th week can only be performed if a physician determines it to be medically necessary. Modern Massachusetts is considered to be one of the most pro-choice states in the country: a Pew Research poll finding that 74% of residents supported the right to an abortion in all or most cases, a higher percentage than any other state. Marches supporting abortion rights took place as part of the #StoptheBans movement in May 2019.

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 New York is legal at all stages of pregnancy, although abortions after the point of viability require a physician's approval. Abortion was legalized up to the 24th week of pregnancy in New York (NY) in 1970, three years before it was legalized for the entire United States with the Supreme Court's decision in Roe v. Wade in 1973. Roe v. Wade was later overturned in 2022 by the Supreme Court in Dobbs v. Jackson Women's Health Organization. The Reproductive Health Act, passed in 2019 in New York, further allows abortions past the 24th week of pregnancy if a woman's life or health is at risk or if the fetus is not viable. However, since these exceptions are not defined by the law, and the law carries no criminal penalties, abortion is effectively legal throughout pregnancy.

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

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 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 Wisconsin has been legal since September 18, 2023, and is performed in Madison, Milwaukee and Sheboygan through 22 weeks gestation. However, elective abortions in Wisconsin are under dispute after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. Abortion opponents cite an 1849 law that they claim bans the procedure in all cases except when the life of the mother is in danger. However, lower level courts have argued that the law only applies to infanticide and not consensual abortions. The enforceability of the law is disputed and being considered by the state courts. Planned Parenthood of Wisconsin announced that they would resume abortion services in Madison and Milwaukee on September 18, 2023. Planned Parenthood of Wisconsin later announced that they would resume abortion services in Sheboygan on December 28, 2023.

Abortion in Florida is currently legal until the 15th week of gestation under legislation signed by Governor Ron DeSantis. Since 1989, the Florida Supreme Court has held that Article 1, Section 23 of the Florida Constitution protects access to abortion. This means that, despite the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, abortion remains legal in Florida. However, on April 13, 2023, the Florida Legislature passed and Governor DeSantis signed into law the Heartbeat Protection Act, which outlaws abortion after 6 weeks, with exceptions for rape, incest, human trafficking, a diagnosis of a fatal fetal abnormality, and when required to save the pregnant woman's life or protect her health. The Act takes effect if the state Supreme Court upholds the 15-week ban, currently being challenged.

<span class="mw-page-title-main">United States abortion protests (2022–present)</span> 2022 protests following the ruling of Dobbs v. Jackson Womens Health Organization

A series of ongoing protests supporting abortion rights and anti-abortion counter-protests began in the United States on May 2, 2022, following the leak of a draft majority opinion for the U.S. Supreme Court case Dobbs v. Jackson Women's Health Organization, which stated that the Constitution of the United States does not confer any Reproductive rights, thus overturning Roe v. Wade and Planned Parenthood v. Casey. On June 24, 2022, the Supreme Court officially overturned Roe and Casey in Dobbs, resulting in further protests outside of the U.S. Supreme Court building and across the country, eventually to major cities across the world both in favor of and against the decision.

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