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Abortion in the United States has been, and remains, a controversial issue in United States culture and politics. Various anti-abortion laws have been in force in each state since at least Supreme Court decision Roe v. Wade decriminalised abortion nationwide in , abortion was already legal in several states, but the decision imposed a uniform framework for state legislation on the subject.
It established a minimal period during which abortion is legal with more or fewer restrictions throughout the pregnancy. That basic framework, modified in Planned Parenthood v. Casey , remains nominally in place, although the effective availability of abortion varies significantly from state to state, as many counties have no abortion providers.
Casey held that a law cannot place legal restrictions imposing an undue burden for "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus. In the United States, the main actors in the abortion debate are most often labeled either as " pro-choice " or " pro-life ", though shades of opinion exist, and most Americans are considered to be somewhere in the middle.
The poll results also indicated that Americans harbor a diverse and shifting set of opinions on the legal status of abortion in the United States. The abortion debate most commonly relates to the "induced abortion" of an embryo or fetus at some point in a pregnancy, which is also how the term is used in a legal sense.
In medical parlance, "abortion" can refer to either miscarriage or abortion until the fetus is viable. After viability, doctors call an abortion a "termination of pregnancy". When the United States first became independent, most states applied English common law to abortion. This meant it was not permitted after quickening , or the start of fetal movements , usually felt 15—20 weeks after conception.
Abortions became illegal by statute in Britain in , and various anti-abortion statutes began to appear in the United States in the s that codified or expanded common law.
In , a Connecticut law targeted apothecaries who sold "poisons" to women for purposes of inducing an abortion, and New York made post-quickening abortions a felony and pre-quickening abortions a misdemeanor in Some argue that the early American abortion laws were motivated not by ethical concerns about abortion but by concern about the procedure's safety.
However, some legal theorists point out that this theory is inconsistent with the fact that abortion was punishable regardless of whether any harm befell the pregnant woman and the fact that many of the early laws punished not only the doctor or abortionist, but also the woman who hired them.
A number of other factors likely played a role in the rise of anti-abortion laws in the United States. Physicians , who were the leading advocates of abortion criminalization laws, appear to have been motivated at least in part by advances in medical knowledge.
Science had discovered that conception inaugurated a more or less continuous process of development, which would produce a new human being if uninterrupted. Moreover, quickening was found to be neither more nor less crucial in the process of gestation than any other step. Many physicians concluded that if society considered it unjustifiable to terminate pregnancy after the fetus had quickened, and if quickening was a relatively unimportant step in the gestation process, then it was just as wrong to terminate a pregnancy before quickening as after quickening.
For one, abortion providers tended to be untrained and not members of medical societies. In an age where the leading doctors in the nation were attempting to standardize the medical profession, these "irregulars" were considered a nuisance to public health. Despite campaigns to end the practice of abortion, abortifacient advertising was highly effective in the United States , though less so across the Atlantic. Before the start of the 19th century, most abortions were sought by unmarried women who had become pregnant out of wedlock.
In the post-Civil War era , much of the blame was placed on the burgeoning women's rights movement. Though the medical profession expressed hostility toward feminism, many feminists of the era were opposed to abortion. Anthony , an anonymous contributor signing "A" wrote in about the subject, arguing that instead of merely attempting to pass a law against abortion, the root cause must also be addressed.
Simply passing an anti-abortion law would, the writer stated, "be only mowing off the top of the noxious weed, while the root remains. It will burden her conscience in life, it will burden her soul in death; But oh! However, physicians remained the loudest voice in the anti-abortion debate, and they carried their anti-feminist agenda to state legislatures around the country, advocating not only anti-abortion laws, but also laws against birth control.
This movement presaged the modern debate over women's body rights. Criminalization of abortion accelerated from the late s, through the efforts of concerned legislators, doctors, and the American Medical Association. Later that year, Comstock successfully influenced the United States Congress to pass the Comstock Law , which made it illegal to deliver through the U.
It also prohibited producing or publishing information pertaining to the procurement of abortion or the prevention of conception or venereal disease , even to medical students. In , abortion was a felony in every state. Some states included provisions allowing for abortion in limited circumstances, generally to protect the woman's life or to terminate pregnancies arising from rape or incest.
The American Birth Control League was founded by Margaret Sanger in to promote the founding of birth control clinics and enable women to control their own fertility. By the s, licensed physicians performed an estimated , abortions a year.
One notable case dealt with a woman named Sherri Finkbine. Born in the area of Phoenix, Arizona , Sherri had 4 very healthy children.
However, during her pregnancy with her 5th child, she had found that the child had many different deformities. Finkbine strongly wanted an abortion, however the abortion laws of Arizona limited her decision. In Arizona, an abortion could only occur if the mother's life was in danger.
She met with a reporter from The Arizona Republic and told her story. While Sherri Finkbine wanted to be kept anonymous, the reporter disregarded this idea.
On August 18, , Finkbine traveled to Sweden in order to continue with the abortion, as the laws applied for her in that location. It was later determined, during the time at which she had the abortion, that the child would have been very much deformed.
Sherri Finkbine, unlike many other women was able to afford going overseas to have the abortion. However, for the women who have pregnancies that are actually unintended, they may not be able to afford traveling, leading them to seek more illegal forms of abortion.
In , Gerri Santoro of Connecticut died trying to obtain an illegal abortion and her photo became the symbol of the pro-choice movement. Some women's rights activist groups developed their own skills to provide abortions to women who could not obtain them elsewhere. As an example, in Chicago, a group known as " Jane " operated a floating abortion clinic throughout much of the s. Women seeking the procedure would call a designated number and be given instructions on how to find "Jane".
In , the U. Supreme Court case Griswold v. Connecticut struck down one of the remaining contraception Comstock laws in Connecticut and Massachusetts. However, Griswold only applied to marital relationships. Baird extended its holding to unmarried persons as well.
Following the Griswold case , the American College of Obstetricians and Gynecologists ACOG issued a medical bulletin accepting a recommendation from 6 years earlier which clarified that conception is implantation, not fertilization; and consequently birth control methods that prevented implantation became classified as contraceptives , not abortifacients.
In , Colorado became the first state to decriminalize abortion in cases of rape, incest, or in which pregnancy would lead to permanent physical disability of the woman. Similar laws were passed in California , Oregon , and North Carolina. In , Hawaii became the first state to legalize abortions on the request of the woman,  and New York repealed its law and allowed abortions up to the 24th week of pregnancy. Similar laws were soon passed in Alaska and Washington. In , Washington held a referendum on legalizing early pregnancy abortions, becoming the first state to legalize abortion through a vote of the people.
The court upheld the law, deeming that "health" meant "psychological and physical well-being", essentially allowing abortion in Washington, D.
By the end of , 13 states had a law similar to that of Colorado, while Mississippi allowed abortion in cases of rape or incest only and Alabama and Massachusetts allowed abortions only in cases where the woman's physical health was endangered. In order to obtain abortions during this period, women would often travel from a state where abortion was illegal to states where it was legal. The legal position prior to Roe v.
Wade was that abortion was illegal in 30 states and legal under certain circumstances in 20 states. In the late s, a number of organizations were formed to mobilize opinion both against and for the legalization of abortion.
McHugh to document efforts to reform abortion laws, and anti-abortion groups began forming in various states in Prior to Roe v. Wade , 30 states prohibited abortion without exception, 16 states banned abortion except in certain special circumstances e.
Wade invalidated all of these laws, and set guidelines for the availability of abortion. Roe established that the right of privacy of a woman to obtain an abortion "must be considered against important state interests in regulation".
In deciding Roe v. Wade , the Supreme Court ruled that a Texas statute forbidding abortion except when necessary to save the life of the mother was unconstitutional. The Court arrived at its decision by concluding that the issue of abortion and abortion rights falls under the right to privacy in the sense of the right of a person not to be encroached by the state.
In its opinion, it listed several landmark cases where the court had previously found a right to privacy implied by the Constitution. The Court did not recognize a right to abortion in all cases:. State regulation protective of fetal life after viability thus has both logical and biological justifications.
If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother. The Court held that a right to privacy existed and included the right to have an abortion. The court found that a mother had a right to abortion until viability, a point to be determined by the abortion doctor. After viability a woman can obtain an abortion for health reasons, which the Court defined broadly to include psychological well-being.
A central issue in the Roe case and in the wider abortion debate in general is whether human life or personhood begins at conception, birth, or at some point in between. The Court declined to make an attempt at resolving this issue, noting: When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer.
So, rather than asserting that human life begins at any specific point, the court simply declared that the State has a "compelling interest" in protecting "potential life" at the point of viability. Wade , state governments may not prohibit late terminations of pregnancy when "necessary to preserve the [woman's] life or health", even if it would cause the demise of a viable fetus.
Bolton , which specifies "that the medical judgement may be exercised in the light of all factors — physical, emotional, psychological, familial, and the woman's age — relevant to the well-being of the patient". Wade lawsuit, whose real name is Norma McCorvey , became a pro-life advocate later in her life. McCorvey writes that she never had the abortion and became the "pawn" of two young and ambitious lawyers who were looking for a plaintiff who they could use to challenge the Texas state law prohibiting abortion.
However, attorney Linda Coffee says she does not remember McCorvey having any hesitancy about wanting an abortion. Bolton lawsuit, the mother of three whose real name is Sandra Cano, maintains that she never wanted or had an abortion and that she is "ninety-nine percent certain that [she] did not sign" the affidavit to initiate the suit.
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