The Abortion Law: How Did We Get Here?

what started this abortion law issues

Abortion laws have been a contentious issue in the United States for decades, with a history that is deeply rooted in white supremacy and patriarchal strongholds. While abortion was a regular part of life for women in America until the mid-1800s, a coalition of male doctors, with support from the Catholic Church, led a movement to push state governments to outlaw the procedure. This shift in abortion laws was also influenced by concerns about maintaining power among white men in a country experiencing increased immigration. By 1910, abortion was banned nationwide, but those with means, particularly wealthy white women, could still access abortions by travelling to other states or countries.

The abortion-rights movement gained momentum in the 1960s, with 11 states liberalizing their abortion laws during this decade. In 1973, the landmark Roe v. Wade case established the legal right to access abortion nationwide. However, due to systemic racism, laws restricting abortion access continued to disproportionately impact Black people and other people of color. For instance, the Hyde Amendment bars federal Medicaid dollars from being used to cover abortions, disproportionately affecting Black and Latino communities who are less likely to have employer-sponsored health insurance.

The debate around abortion continues to be a divisive issue in American politics and culture, with ongoing battles for abortion access and reproductive justice.

Characteristics Values
When abortion was first outlawed in the US Mid-1800s
When abortion was decriminalised in the US 1973
When abortion was first practised in the US 1600-1900
When the first abortion laws were passed 1821
When abortion was banned nationwide 1910
When the first national group campaigning for abortion law reform was formed 1964
When abortion was first legalised in a US state 1970

lawshun

The criminalisation of abortion

Abortion is a divisive issue in politics and culture wars, with countless barriers preventing people from seeking abortions, including criminalisation, social stigma, and intersectional discrimination and marginalisation. Criminalisation of abortion has a compounding impact on those who are already marginalised. Health services, in general, are less accessible to people on low incomes, refugees and migrants, LGBTI people, and racialised and Indigenous people.

Abortion is commonly regulated to varying degrees through criminal law, in addition to regulation under health-care law. Abortion remains a criminal offence in most countries, with penalties against those who have abortions and/or those who provide abortion services or assist with accessing or managing abortion, sometimes including those who provide information about abortion. In some countries, all of these actions are criminal offences.

In the United States, abortion was not an issue of significant controversy from the American Revolution to the mid-19th century. It was legal prior to quickening (an archaic term for fetal movement that usually happens after around four months of pregnancy) in every state under common law. However, in the late 1800s, abortion was criminalised and stigmatised. By 1880, all states had laws to restrict abortion, with exceptions in some states if a doctor said the abortion was needed to save the life or health of the patient, or for therapeutic reasons. By 1910, abortion was outright illegal at every stage of pregnancy in every state.

In 1973, the Supreme Court established the legal right to access abortion nationwide with its landmark decision in the Roe v. Wade case. However, abortion remains a criminal offence in most countries, and in the US, abortion laws vary widely from state to state. In 2022, Roe and Casey were overturned in Dobbs v. Jackson Women's Health Organization, ending protection of abortion rights by the US Constitution and allowing individual states to regulate any aspect of abortion not preempted by federal law.

Decriminalisation is a necessary step towards the legalisation of abortion, but ensuring that abortion is available, accessible, and of high quality may require further legal or regulatory changes beyond decriminalisation. For example, in the case of Ouiam* from Morocco, where abortion is criminalised in almost all circumstances, clandestine abortions are unaffordable for women living in poverty. In Morocco, abortion is criminalised, but clandestine abortions are available for those who can afford them.

In places where abortion is legal and accessible and where there is less stigma, people can get abortions safely and with no risk. However, in places where abortion is stigmatised, criminalised, or restricted, people are forced to resort to unsafe abortions, which can lead to fatal consequences such as maternal deaths and disabilities. Almost every death and injury from unsafe abortion is preventable.

lawshun

The social stigma of abortion

Abortion stigma is the set of attitudes and beliefs that abortion is bad, shameful, or wrong. It is a powerful tool used to control women's bodies and limit their reproductive rights. The stigmatisation of abortion has a long history, and it continues to be a divisive issue in politics and culture wars.

Abortion stigma is often driven by religious beliefs and the idea that abortion is a sin. This stigma is also perpetuated by anti-abortion advocates and the media, who spread misinformation and inflammatory rhetoric. The stigma creates discomfort and contributes to a lack of knowledge about abortion, making it harder for people to access care and support. It also harms those who provide abortions, leading to shame, silence, and isolation.

The stigmatisation of abortion is deeply rooted in gender norms and expectations of women's sexuality and motherhood. Having an abortion is seen as a transgression of these norms, as it shows that someone had sex and chose not to become a parent. This stigma is internalised by many people, including those who are supportive of abortion rights, leading to uncertainty and discomfort around the topic.

The stigmatisation of abortion has real-world consequences, including unsafe abortions, increased risk of mental health issues, and negative impacts on the quality of abortion care. It is important to address and reduce abortion stigma to improve access to safe and legal abortions and protect the rights and well-being of those who choose to terminate their pregnancies.

lawshun

The history of abortion in the US

Abortion has been a regular part of life for women in the US since its colonial days. Until the mid-1800s, abortion was not outlawed in America. Common law allowed abortion prior to "quickening", an archaic term for the moment a pregnant woman starts to feel the fetus's movement in the uterus, which usually happens after around four months of pregnancy.

In the early 19th century, medical literature and newspapers regularly referred to herbs and medications as abortion-inducing methods, as surgical procedures were rare. Reproductive care, including abortion, was provided by skilled midwives, nurses, and other unlicensed women's health care providers.

In the 1860s, a number of states passed anti-abortion laws. Most of these laws were ambiguous and difficult to enforce. After 1860, stronger anti-abortion laws were passed and more vigorously enforced. As a result, many women began to utilise illegal underground abortion services.

By 1910, abortion was banned nationwide. However, those with means—specifically wealthy white women—could afford to travel to skirt the law and access abortion while other people could not.

In the 1960s, 11 states liberalised their abortion laws. And in 1973, the Supreme Court established the legal right to access abortion nationwide with its landmark decision in the Roe v. Wade case. However, due to systemic racism, laws restricting access to abortion continued to target Black people and other people of colour.

In 2022, Roe and Casey were overturned in Dobbs v. Jackson Women's Health Organization, ending protection of abortion rights by the US Constitution and allowing individual states to regulate any aspect of abortion not preempted by federal law.

lawshun

The Roe v. Wade case

The case was heard by a three-judge panel consisting of district court judges Sarah T. Hughes and William McLaughlin Taylor Jr. and appellate judge Irving Loeb Goldberg of the U.S. Court of Appeals for the Fifth Circuit. On June 17, 1970, the three judges unanimously ruled in McCorvey's favor and declared the Texas law unconstitutional, finding that it violated the right to privacy found in the Ninth Amendment. The court relied on Justice Arthur Goldberg's 1965 concurrence in Griswold v. Connecticut.

The case reached the Supreme Court when both sides appealed in 1970. On January 22, 1973, the Supreme Court issued a 7-2 decision in favor of "Jane Roe" (Norma McCorvey) holding that women in the United States had a fundamental right to choose whether to have abortions without excessive government restriction and striking down Texas's abortion ban as unconstitutional. The Court's decision was issued together with a decision in a companion case, Doe v. Bolton, which involved a similar challenge to Georgia's abortion laws.

The Supreme Court's decision in Roe was among the most controversial in U.S. history. In June 2022, the Supreme Court overruled Roe and Casey in Dobbs v. Jackson Women's Health Organization on the grounds that the substantive right to abortion was not "deeply rooted in this Nation's history or tradition", nor considered a right when the Due Process Clause was ratified in 1868, and was unknown in U.S. law until Roe.

Alabama Abortion Law: How Did They Vote?

You may want to see also

lawshun

The impact of abortion bans

Abortion bans have had a significant impact on various aspects of society, from physical and mental health to economic and political consequences.

Physical and Mental Health

Abortion bans have been linked to increased infant mortality rates, with research showing that hundreds more infants died than expected in the year and a half following the Supreme Court's Dobbs decision to revoke the federal right to abortion. The majority of these infants had congenital anomalies or birth defects. Experts suggest that abortion bans can also affect access to broader healthcare, increasing risks for both babies and mothers. Furthermore, abortion restrictions can have a detrimental effect on the mental health of those seeking abortions, particularly women of colour, who already face structural barriers to care and experience higher rates of severe maternal complications and maternal mortality.

Economic Impact

Abortion restrictions can also have economic implications, especially for those living below the poverty line, who may need to spend thousands of dollars on transportation, lodging, childcare, and time off work to travel and obtain treatment. This disproportionately affects women of colour, who are more likely to live in poverty and experience economic inequities.

Political Impact

The issue of abortion has become deeply politicized, with the Republican Party generally seeking to restrict abortion access or criminalize it, while the Democratic Party has defended access to abortion and made contraception more accessible. The abortion debate has also extended to the question of who should pay for the medical costs of the procedure, with some states using this as a mechanism to reduce abortion numbers.

Historical Context

It is important to note that abortion has been a regular part of life for women in America for much of its history, with abortion being legal prior to "quickening" (fetal movement) under common law. However, in the mid-19th century, abortion began to be criminalized and stigmatized, with all states having laws to restrict abortion by 1880. This criminalization led to unsafe, illegal abortions, resulting in a high death toll, with nearly 2,700 women dying from such procedures in 1930.

Frequently asked questions

Abortion laws refer to legislation that either restricts or permits access to abortion. These laws vary widely across different countries and states, with some countries criminalising abortion entirely, and others permitting it under specific circumstances.

The abortion law debate began in the mid-1800s when abortion was outlawed in America. Prior to this, abortion was a regular part of life for women, and common law allowed abortion prior to "quickening" (when a pregnant woman can feel the fetus's movement, usually around four months into a pregnancy).

The criminalisation of abortion led to the emergence of illegal, underground abortion services. These services were often unsafe and resulted in high death tolls. The stigmatisation of abortion also meant that women were forced to resort to dangerous methods of self-induced abortions.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment