United States abortion-rights movement

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Albert Wynn and Gloria Feldt on the steps of the U.S. Supreme Court to rally for legal abortion on the anniversary of Roe v. Wade Roevwade.jpg
Albert Wynn and Gloria Feldt on the steps of the U.S. Supreme Court to rally for legal abortion on the anniversary of Roe v. Wade

The United States abortion-rights movement (also known as the pro-choice movement) is a sociopolitical movement in the United States supporting the view that a woman should have the legal right to an elective abortion, meaning the right to terminate her pregnancy, and is part of a broader global abortion-rights movement. The movement consists of a variety of organizations, with no single centralized decision-making body. [1] [2] [3] [4] [5]

Contents

A key point in abortion rights in the United States was the U.S. Supreme Court's 1973 decision in Roe v. Wade , which struck down most state laws restricting abortion, [6] [7] thereby decriminalizing and legalizing elective abortion in a number of states. On June 24, 2022, Roe v. Wade was overruled in Dobbs v. Jackson Women's Health Organization.

On the other side of the abortion debate in the United States is the anti-abortion movement (self-described as a “pro-life” movement), which holds the belief that human embryos and fetuses have a right to life, and abortion violates this right and should be outlawed or otherwise restricted. Within this group, many argue that human personhood begins at conception, a position rejected by many abortion rights groups.

Overview

Abortion-rights advocates argue that whether or not a pregnant woman continues with a pregnancy should be her personal choice, as it involves her body, personal health, and future. They also argue that more availability of legal abortions reduces the exposure of women to the risks associated with illegal abortions. More broadly, abortion-rights advocates frame their arguments in terms of individual liberty, reproductive freedom, and reproductive rights. [8] The first of these terms was widely used to describe many of the political movements of the 19th and 20th centuries (such as in the abolition of slavery in Europe and the United States, and in the spread of popular democracy) whereas the latter terms derive from changing perspectives on sexual freedoms and bodily integrity.

Abortion-rights supporters rarely consider themselves "pro-abortion" because they consider termination of a pregnancy as a bodily autonomy issue, and find forced abortion to be as legally and morally indefensible as the outlawing of abortion. Indeed, some who support abortion rights consider themselves opposed to some or all abortions on a moral basis, but believe that abortions would happen in any case such that legal abortion under medically controlled conditions is preferable to illegal back-alley abortion without proper medical supervision. Such people believe the death rate of women due to such procedures in areas where abortions are only available outside of the medical establishment is unacceptable. [8]

Some who argue from a philosophical viewpoint believe that an embryo has no rights as it is only a potential, not actual, person and that it should not have rights that override those of the pregnant woman at least until it is viable. [9]

Many abortion-rights campaigners also note that some anti-abortion activists also oppose practices that correlate with less demand for abortion, namely sex education and the ready availability of contraception. [10] [11] Proponents of this argument point to cases of areas with limited sex education and contraceptive access that have high abortion rates, either legal or illegal. Some women also travel to another jurisdiction or country where they may obtain an abortion. For example, a large number of Irish women would visit the United Kingdom for abortions. For instance, Belgian women who travelled to France before Belgium legalized abortion. Similarly, women would travel to the Netherlands when it became legal to have abortions there in the 1970s.

The majority of Americans, despite what side of politics they are on, believe that abortion should be legal circumstantially. [12] Some people who support abortion rights see abortion as a last resort and focus on situations where they feel abortion is a necessary option. Among these situations are those where the woman was raped, her health or life (or that of the fetus) is at risk, contraception was used but failed, the fetus has acute congenital disorder and defects, incest, financial constraints, or she feels unable to raise a child. One common reason women give for terminating unintended pregnancies is that having a baby would prevent them from achieving goals, such as pursuing an education. [13] Some abortion-rights moderates, who would otherwise be willing to accept certain restrictions on abortion, feel that political pragmatism compels them to oppose any such restrictions, as they could be used to form a slippery slope against all abortions.[ non-primary source needed ] On the other hand, even some abortion rights advocates feel uncomfortable with the use of abortion for sex-selection, as is practiced in some countries, such as India.

History

Abortion-rights activists before the Washington Monument in Washington, D.C., at the March for Women's Lives in 2004 March for Women's Lives detail.jpg
Abortion-rights activists before the Washington Monument in Washington, D.C., at the March for Women's Lives in 2004
November 12, 1989 Washington, D.C., abortion rights march LP-Prochoice-Rally-DC-11-12-1989.jpg
November 12, 1989 Washington, D.C., abortion rights march

Prior to 1973, abortion rights in the United States were not seen as a constitutional issue. Abortion was seen as a purely state matter, all of which had some type of restrictions. The first legal restrictions on abortion appeared in the 1820s, forbidding abortion after the fourth month of pregnancy. A number of early feminists expressed skepticism about outlawing abortion. They disliked abortion but thought anti-abortion laws did not apply "the proper remedies", according to one nineteenth-century women's rights pioneer. [14] By 1900, legislators at the urgings of the American Medical Association (AMA) had enacted laws banning abortion in most U.S. states. [15] The AMA played a vital role in stigmatizing abortions by using their status and power to create a moral stance against abortion. The AMA viewed abortion providers as unwanted healthcare competitors. [16] Due to the high maternal morbidity and mortality rates caused by back alley abortions, physicians, nurses, and social workers pushed for legalization of abortion from a pro-public health perspective. [17] Support for abortion rights went beyond feminists and medical professions. The broad support for legalizing abortion in the 1960s also derived from certain religious leaders. For example, there were 1,400 clergy operating on the East Coast for the Clergy Consultation Service on Abortion—an underground network that connected women seeking abortions to doctors—during the 1960s. [18] As the historian Christine Stansell explained, many religious leaders came to approach the abortion rights argument from a position of individual conscience instead of from dogma by witnessing the "strains unwanted pregnancies put on members of their congregations". [19]

In its landmark 1973 case Roe v. Wade, in which a woman challenged the Texas laws criminalizing abortion, the U.S. Supreme Court reached two important conclusions:

The outcome of Roe V. Wade divided Americans over the issue of abortion and the laws surrounding it. The issue became highly politicized as the Democratic and Republican parties took more polarized positions on abortion policy. The Democratic party advocated for abortion rights, while the Republican party supported the anti-abortion side. [3]

In the 2010s, the Abortion-rights movement faced setbacks as more anti-abortion policies were beginning to be passed across various state legislatures. In 2015, the successes of the anti-abortion movement generated more anti-abortion policies in various states. During the first quarter of 2015, 322 provisions were introduced in multiple state legislatures. These new provisions included implementing existing laws like Targeted Restrictions on Abortion Providers laws (TRAP) that require abortion providers to meet the standards of an ambulatory surgical, prohibit state fund use on abortions, mandate counseling before an abortion, require waiting periods, parental involvement for minors, and restriction of abortion coverage in private insurance. Since 2000, the number of states that enacted more restrictive abortion abortion has grown from 13 to 27 in 2013. The anti-abortion movement assisted in electing governors and policymakers that are more favorable towards their viewpoint. The election of these officials helped solidify party control of anti-abortion Republicans in both houses of state legislatures. In 2015, 31 of the 50 governors in the U.S. and two-thirds of the state legislatures they controlled held strong favorability towards anti-abortion policy. The majority of these anti-abortion states were concentrated in the southern and midwestern regions of the United States. [3] [4]

The outcome of the Dobbs v. Jackson Women's Health Organization case in 2022 led to trigger laws being enacted and the formation of new laws that involve anti-abortion policy. More than 470 abortion restriction policies were passed compared to 70 abortion protective policies that were passed across various state legislatures after the Dobbs case. Restrictive state abortion policy varied across the country, but a majority of laws heavily restricting or banning abortion were enacted in the southern and midwestern regions of the United States. Indiana was the first state in the country to ban abortion at zero weeks. States that have implemented new laws present new legal challenges for patients and clinicians. [4] [5]

Abortion-rights groups are active in all American states and at the federal level, campaigning for legal abortion and against the reimposition of anti-abortion laws, with varying degrees of success. Only a few states allow abortion without limitation or regulation, but most do allow various limited forms of abortion.

In the wake of extreme abortion restrictions in states like Georgia, Alabama, Missouri and Ohio, transgender, intersex and other gender-nonconforming people felt forgotten in this movement. [20]

Abortion is one of the most common medical interventions undergone by women aged 15–44. [21] In the US, childbirth carries a risk of death about 14 times higher than abortion. [22]

The Democratic Party's platform endorses the abortion-rights position, stating that abortion should be "safe and legal". [23] Not all Democrats agree with the platform, however, and there is a small anti-abortion faction within the party, expressed in such groups as Democrats for Life of America. [24] Similarly, there is a small abortion-rights faction within the Republican Party. The Libertarian Party platform holds "that government should be kept out of the matter" of abortion. [25]

Roe v. Wade

Roe v. Wade was an essential court case in the U.S abortion rights movement. The case was first tried in June 1970 by a Texas district court. The court ruled that Texas' law for abortions was unconstitutional and was appealed to the United States Supreme Court. This particular law made it a crime to have an abortion unless the mother's life would be in danger if she had the child. This issue was brought to the U.S. Supreme Court when a woman in Texas by the name of Norma McCorvey wanted to get an abortion. In the case, she was given the pseudonym "Jane Roe", and Henry Wade was the district attorney of Dallas County who the case was against. A lawsuit was filed on behalf of McCorvey by her lawyers, Linda Coffee and Sarah Weddington, claiming that particular articles for the Texas penal code, 1191-1194 and 1196, were unconstitutional. [26] The lawyers' stance was that these articles took away a women's right to choose which went against the U.S. Constitution's Ninth Amendment.

On January 22, 1972, the United States Supreme Court ruled in favor of Jane Roe and banned the law in Texas that only allowed abortions if the mother's life was at stake. [27] This was a monumental decision impacting the entire country, legalizing abortions nationwide. The court's decision was decided and based on the three different trimesters in pregnancy. The ruling allowed for women to have the choice to have an abortion in the first trimester, without any government regulation. Once a woman enters the second trimester, the government would be allowed to regulate any abortions. The government's interference at this stage does not mean that abortions are banned, but that they have the power to decide if a woman should be able to get an abortion if her health is at stake. Once a woman enters the third trimester, the state has the authority to approve or deny a woman having an abortion. This decision by the state is based on whether the fetus can survive outside the womb. If it can, then the state will not approve of the abortion unless the mother's life and/or health is at stake. [27]

Roe v. Wade has had a major impact on the United States abortion rights movement. Before this Supreme Court case, some women had to resort to having unsafe and illegal abortions that could cost them their health or lives. This case allowed women to have more of a choice in deciding to have an abortion or not. Since its ruling, states have been creating laws that make it difficult for women to have the choice to get an abortion.

Organizations and individuals

The abortion rights movement includes a variety of organizations, with no single centralized decision-making body. [1] Many more individuals who are not members of these organizations also support their views and arguments.

Planned Parenthood, Reproductive Freedom for All, the National Abortion Federation, the National Organization for Women, and the American Civil Liberties Union are the leading abortion-rights advocacy and lobbying groups in the United States. Most major feminist organizations also support abortion-rights positions, as do the American Medical Association, the American Congress of Obstetricians and Gynecologists, and pro-abortion rights physicians such as Eugene Gu [28] and Warren Hern [29] who have fought political opposition from anti-abortion Senator Marsha Blackburn. [30] [31] Faith-based groups that advocate for abortion rights include notably the Religious Coalition for Reproductive Choice and Catholics for Choice.

Planned Parenthood

Planned Parenthood was founded on October 16, 1916, in Brownsville, New York City, New York. This organization was created so that women could have access to healthcare services and information that could help them live strong and healthy lives. [32] Planned Parenthood is important to the United States abortion rights movement because their members are advocates for abortion access, as they believe that it is a healthcare right. Some of the issues surrounding abortion that this organization are advocating against include bans on abortion at 20 weeks, bans on abortions at 6 weeks, and the Hyde Amendment.

On July 1, 1976, the Planned Parenthood v. Danforth case was taken to the United States Supreme Court. The Planned Parenthood of Central Missouri, Dr. David Hall, and Dr. Michael Freiman challenged a Missouri law for abortion, known as House Bill 1211. Bill 1211 regulated that women who were married had to receive consent from their husband for an abortion, or consent from the parents if they were a minor and not married. Attorney Frank Susman represented Planned Parenthood in the case. [33] Hall, Freiman, Susman, and Planned Parenthood argued against House Bill 1211 and its definition of viability. They argued that it gave a vague definition of viability that allowed for any fetus to be considered viable, essentially making abortions illegal. It was also argued that the passage of House Bill 1211 was targeting specifically individuals who wanted an abortion by requiring consent from the husband or parents for abortions, but not for other medical procedures. [33]   Frank Susman also challenged the ban on saline amniocentesis, a procedure to induce abortions, and the regulation of doctors who performed abortions. This regulation required that the doctor care for the fetus as if it were delivered normally to save its life. John Danforth, who was the general attorney for Missouri in the case, argued that the Missouri law, House Bill 1211, was constitutional. [33] His views were that the consent allowed for the women to properly understand and make a cautious decision about the abortion.

The Court came to a decision and kept some parts of House Bill 1211, while omitting others. The definition of fetal viability and the recordkeeping requirements were upheld. The Court decided to omit the requirement of written consent for the procedure, the requirement of doctors to care for the fetus after the abortion as if it was a conventional delivery, and the ban of saline amniocentesis. [33]

Other than Planned Parenthood's advocacy efforts for the abortion rights movement, their members also provide information at their clinics and website for the public. Regarding abortions, they provide information for people who may be considering abortions, information on the abortion pill, where to find abortion clinics and what to expect when experiencing abortions.

NARAL Pro-Choice America

The NARAL Pro-Choice America Foundation advocates for access to abortion, birth control, and paid parental leave, and against discrimination toward pregnant women. [34] Their members provide education about the adverse effects of policies that go against a woman's choice, advocate for the group's policies, and advocate voting for government officials who support those policies. Another sector of this organization, NARAL Pro-Choice America PAC, focuses on endorsing political candidates who are pro-choice and willing to defend the right to abortion. [34]

The NARAL Pro-Choice America Foundation advocates against targeted regulation of abortion providers (TRAP) laws, legislative restriction on access to abortions, and abortion refusal laws. They also have been a part of successful campaigns that included support for the EACH Woman Act and Whole Woman's Health v. Hellerstedt. The EACH Woman Act is legislation that was created to eliminate the Hyde amendment. This amendment prohibits women on government health care programs, such as Medicaid, from receiving funds to pay for an abortion. In support of the EACH Woman act, the NARAL Pro-Choice Foundation gathered petition signatures. [35] In the Supreme Court case Whole Woman's Health v. Hellerstedt the NARAL Pro-Choice Foundation advocated for this case. This particular case was taken to court because restrictions in Texas made it difficult for women to have access to abortions. The Court ruled that this was unconstitutional. [36]

The National Abortion Federation

The National Abortion Federation supports providers who perform abortions with delivering patient care. [37] Their members advocate for women to have a choice when it comes to having an abortion, ensuring quality abortion care, and providing a platform where providers and patients can share their personal experiences regarding abortions.  During the COVID-19 pandemic, the National Abortion Federation advocated for abortion clinics to remain open, deeming it an essential service. The National Abortion Federation also provides a Hotline that helps patients have access to abortions and financial assistance. They provide a Patient Partnership program that allows people who have had abortions to share their personal experiences and stories to lawmakers. [38]

Religious organizations in support of the abortion rights movement

Religious Coalition for Reproductive Choice

The Religious Coalition for Reproductive Choice (RCRC) is a national nonprofit organization that was founded in 1973 shortly following the Roe v. Wade ruling. Founders of the Coalition included clergy and lay leaders from many mainstream religions. Many of these leaders had previously helped women find abortion services before the Supreme Court's ruling. [39]

The organization's website provides several resources to people in need. Four specific issues of interest are listed and delved into: the moral case, reproductive health, reproductive rights, and reproductive justice. Beyond this, the organization offers religious resources and services to those who are considering or recovering from an abortion, as well as clinics and practitioners. Some services that are offered include clinic blessings, workshops, "Compassion School", and advocacy. [40] Several states have a state-level coalition with varying amounts of resources:

  • Colorado has a website dedicated to RCRC called Colorado Religious Coalition for Reproductive Choice. Apart from having similar resources as the parent website, the Colorado RCRC website offers "all options counseling" with a promise to help all pregnant women who are seeking advice
  • Kentucky has a website dedicated to RCRC called Kentucky Religious Coalition for Reproductive Choice. Here, the organization shares important updates on the EMW Clinic, the state's only remaining abortion clinic. KRCRC is one of many organizations that continuously advocates to keep the clinic's doors open. Volunteers from the organization also provide escorting to people who are utilizing the clinic's services.
  • Minnesota does not have an independent for RCRC, but there is a Facebook group dedicated to the cause. It is titled "Minnesota Religious Coalition for Reproductive Choice" and focuses on many of the same issues that the parent RCRC organization highlights.
  • New Mexico has a website specifically dedicated to its state RCRC. In addition to the resources offered by the parent website, New Mexico also offers letters of support from clergy members and an abortion fund to assist those who cannot afford the procedure. NMRCRC also lists volunteer opportunities such as being a legal observer or a patient host and/or driver.
  • Ohio's independent RCRC website is called Ohio Religious Coalition for Reproductive Choice. The organization focuses on the same general goals as its parent organization as well as bringing local issues to light. Ohio RCRC highlights issues such as sidewalk harassment (people against abortion lobbying outside of abortion clinics) and provides resources such as abortion care packages and patient advocates.
  • The Pennsylvania RCRC website includes a list of clergy members from all across the state who support the organization. It also provides a link to the parent website and several songs and prayers for reproductive justice.
  • Wisconsin's RCRC does not have a website, but its supporters have organized a Facebook group titled "Wisconsin Religious Coalition for Reproductive Choice". Here, members share articles that highlight issues that are of interest to the organization.
  • California, Connecticut, Illinois, Indiana, Nebraska, and Oklahoma also have coalitions, but these states do not have websites or Facebook groups dedicated to their state coalitions.

Catholics for Choice

Catholics for Choice is a nonprofit that supports reproductive freedom, including abortion rights. The organization asserts that abortion is a matter that should be decided by the individual's own conscience. Members of the organization push for abortion services to be available to everyone so people have the ability to make that choice. The organization also asserts that the majority of U.S. Catholics view abortion as a social justice value, not a religious value. [41]

See also

Related Research Articles

Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States generally protected a right to have an abortion. The decision struck down many abortion laws, and caused an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, and what the role of moral and religious views in the political sphere should be. The decision also shaped debate concerning which methods the Supreme Court should use in constitutional adjudication.

<span class="mw-page-title-main">Abortion in the United States</span> Termination of a pregnancy in the United States

Abortion is a divisive issue in the United States. The issue of abortion is prevalent in American politics and culture wars, though a majority of Americans support continued access to abortion. There are widely different abortion laws depending on state.

Reproductive Freedom for All, formerly NARAL Pro-Choice America and commonly known as simply NARAL, is a non-profit 501(c)(4) organization in the United States that engages in lobbying, political action, and advocacy efforts to oppose restrictions on abortion, to expand access to abortion and birth control, and to support paid parental leave and protection against pregnancy discrimination.

<span class="mw-page-title-main">United States anti-abortion movement</span> Movement in the United States opposing abortion

The United Statesanti-abortion movement is a movement in the United States that opposes induced abortion and advocates for the protection of fetal life. Advocates support legal prohibition or restriction on both moral and religious grounds, arguing that human life begins at conception and that the human zygote, embryo or fetus is a person and therefore has a right to life. The anti-abortion movement includes a variety of organizations, with no single centralized decision-making body. There are diverse arguments and rationales for the anti-abortion stance. Some allow for some permissible abortions, including therapeutic abortions, in exceptional circumstances such as incest, rape, severe fetal defects, or when the woman's health is at risk.

<span class="mw-page-title-main">Abortion-rights movements</span> Social movement advocating for legal access to abortion

Abortion-rights movements, also self-styled as pro-choice movements, advocate for the right to have legal access to induced abortion services including elective abortion. They seek to represent and support women who wish to terminate their pregnancy without fear of legal or social backlash. These movements are in direct opposition to anti-abortion movements.

Abortion in Alabama is illegal. Historically, Alabama's abortion laws have evolved from strict regulations in the late 19th and early 20th centuries to a period of liberalization following the landmark 1973 Supreme Court decision in Roe v. Wade, which legalized abortion nationwide. However, Alabama has consistently enacted legislation aimed at restricting access to abortion.

As of 2022, abortion in Missouri is illegal, with abortions only being legal in cases of medical emergency and several additional laws making access to abortion services difficult. In 2014, a poll by the Pew Research Center found that 52% of Missouri adults said that abortion should be legal vs. 46% that believe it should be illegal in all or most cases. According to a 2014 Public Religion Research Institute (PRRI) study, 51% of white women in the state believed that abortion is legal in all or most cases.

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 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.

Abortion in Michigan is legal at all stages of pregnancy. A state constitutional amendment to explicitly guarantee abortion rights was placed on the ballot in 2022 as Michigan Proposal 22–3; it passed with 57 percent of the vote, adding the right to abortion and contraceptive use to the Michigan Constitution. The amendment largely prevents the regulation of abortion before fetal viability, unless said regulations are to protect the individual seeking an abortion, and it also makes it unconstitutional to make laws restricting abortions which would protect the life and health, physical and/or mental, of the pregnant individual seeking abortion.

Abortion in Pennsylvania is legal up to the 24th week of pregnancy. 51% of Pennsylvania adults said in a 2014 poll by the Pew Research Center that abortion should be legal and 44% said it should be illegal in all or most cases.

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 California is legal up to the point of fetal viability. An abortion ban was in place by 1900, and by 1950, it was a criminal offense for a woman to have an abortion. 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, and California adopted a version of this code. In 2002, California passed a law guaranteeing women the right to have an abortion "prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman". In 2022, California voters overwhelmingly approved Proposition 1, which amended the Constitution of California to explicitly protect the right to abortion and contraception by a margin of 33.76%.

Abortion in Maryland is legal at all stages of pregnancy. The first laws regulating abortion in the state were passed in 1867 and 1868, banning abortion except by a physician to "secure the safety of the mother." Abortion providers continued to operate both within and outside of the law. Legal enforcement became more strict from the 1940s through 60s, with numerous police raids on abortion providers. In 1968, Maryland passed a liberalized abortion law that clarified the wording of the previous law, allowing abortion in hospital settings in cases of rape, severe fetal deformity, or when life and health were endangered.

Abortion in Puerto Rico is technically prohibited on request, although it is de facto allowed without a clear limit. On June 22, 2022, the Senate passed a bill limiting abortion to 22 weeks, with exceptions for danger to the mother's life, fetal defects, and if the fetus would not be viable. The bill will need to be considered by the House.

The Association for the Study of Abortion (ASA) was an American organization founded around 1965 dedicated to the study of abortion and advocacy for the liberalization of abortion law. Its founding members included the obstetrician-gynecologists Alan F. Guttmacher and Robert E. Hall, who served as the organization's initial chairman.

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Further reading

Books

Articles and journals