The First Abortion Law: A Historical Perspective

Abortion laws have evolved significantly over time, with the first abortion laws appearing in the 1800s. Initially, abortion was a common practice, with common law allowing abortion prior to quickening, which refers to the point at which a pregnant person first feels the fetus move, usually around four to five months into the pregnancy. However, in the mid-1800s, abortion became a target of regulation by the American Medical Association (AMA), which sought to establish authority over medical practices. This marked the beginning of a shift towards criminalization and stigmatization of abortion, with all states having laws restricting abortion by 1880. The history of abortion law is deeply intertwined with issues of racism, patriarchy, and power dynamics, as society grappled with the question of who holds authority over reproductive health decisions.

The first abortion laws in the US were in the 1820s

The first abortion laws in the US were enacted in the 1820s, but abortion remained a common part of life for women until the mid-1800s. Before the 1820s, abortion was legal in the US before "quickening", which is an archaic term for the point at which a pregnant person feels the fetus move, usually around four or five months into the pregnancy.

The early 1800s saw the formation of the American Medical Association (AMA), which was male-dominated and keen to be taken seriously as a gatekeeper of the medical profession. The AMA targeted abortion providers, who were mostly midwives, with strategic rhetoric, linking them to "quackery" to put them out of business. This campaign led to the first abortion laws in the US, with at least 40 anti-abortion statutes enacted between 1860 and 1880.

These early laws were ambiguous and not strictly enforced, and abortion remained common throughout the 1800s. However, the laws were part of a backlash against the growing women's rights movement, which demanded "voluntary motherhood". By the late 19th century, most states had laws restricting abortion, and the procedure was driven underground. This resulted in many women turning to illegal and unsafe abortion services, leading to increased health complications and even deaths.

The first abortion laws in the US in the 1820s, therefore, marked the beginning of a shift towards restricting abortion access and set the tone for the ongoing battles over abortion rights in the country.

Abortion was common in the US until the mid-1800s

During this period, common law allowed abortion prior to "quickening" – an archaic term for fetal movement that usually happens after around four months of pregnancy. Medical literature and newspapers in the late 1700s and early 1800s 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.

During 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, prompting many women to turn to illegal underground abortion services.

The formation of the American Medical Association (AMA) in 1847 also played a role in the criminalization of abortion. The AMA was a male-dominated authority on medical practices that scrutinized reproductive health care workers and phased out the obstetric services they provided. Members of the AMA believed they should have the power to decide when an abortion could be legally performed and launched a criminalization campaign against abortion and female abortion providers.

The American Medical Association (AMA) was formed in 1847

The AMA was founded to raise the standards of medicine in the 19th century, primarily through gaining control of education and licensing. The organisation has played a crucial role in the development of medicine in the United States.

In the 20th century, the AMA frequently lobbied to restrict the supply of physicians, contributing to a doctor shortage in the country. The association has also lobbied against allowing physician assistants and other healthcare providers to perform basic forms of healthcare.

The AMA has been a male-dominated authority on medical practices and has scrutinised reproductive healthcare workers, such as midwives and nurses. Its members believed they should have the power to decide when abortions could be legally performed and launched a criminalisation campaign against abortion and female abortion providers.

The AMA has been influential in many areas of American life, including:

• Analysing the methodology of vital records registration and urging state governments to adopt measures to register births, marriages, and deaths.
• Educating people about the dangers of patent medicines and calling for legislation regulating their production and sale, such as the Drug Importation Act of 1848.
• Establishing a board to analyse and expose quack remedies and nostrums, aiding the passage of the first Pure Food and Drug Act in 1906.
• Lobbying for compulsory smallpox vaccinations in 1899 and appointing a committee to report on tuberculosis.
• Establishing the Council on Pharmacy and Chemistry in 1905 to set standards for drug manufacturing and advertising.
• Publishing the first edition of the Current Procedural Terminology (CPT) coding system in 1966, which is used to facilitate documentation.
• Advocating against racial and ethnic disparities in healthcare, including criticising structural racism in healthcare in 2021.

The first anti-abortion movement in the US was led by physicians

The anti-abortion movement in the US has a long history, but it was not until the mid-1800s that abortion was outlawed in America. Prior to this, abortion was a common and largely stigma-free practice, with common law allowing abortion before "quickening" – the term used to describe fetal movement, which usually occurs after four months of pregnancy.

The first anti-abortion movement was led by physicians in the early 19th century. At this time, the medical profession was largely unregulated, and physicians faced competition from other healers, particularly when it came to women's reproductive healthcare. Seeking to gain authority over female-dominated professions such as midwifery, physicians used anti-abortion laws to increase their stature and undermine their opponents. By 1900, every state had a law forbidding abortion, and doctors became the ultimate arbiters of the morality and legality of abortions.

The anti-abortion movement of the time was supported by the Catholic Church and others who wanted to control women's bodies. This movement tapped into concerns over women's increasing education, autonomy, and the extension of rights, reasserting women's connection to their reproductive anatomy. It argued that women lacked adequate section knowledge to determine when life began and that only doctors could translate the "naturalness" of uninterrupted reproduction and the "truth" about fetal life.

The criminalization of abortion led to a growing stigma and pushed the practice underground, resulting in unsafe procedures and high death tolls. It wasn't until the 1960s that a movement to liberalize abortion laws gained momentum, driven by the second-wave feminist movement and high-profile therapeutic abortion cases. This push for reform eventually led to the landmark Roe v. Wade decision in 1973, which established the legal right to access abortion nationwide.

By 1910, abortion was banned nationwide in the US

The history of abortion in the United States is a long and complex one, with various factors influencing the eventual nationwide ban by 1910. Here is an overview:

Pre-19th Century

Abortion has been a part of women's reproductive health for centuries, with various methods used since ancient times. In colonial America, abortion was not illegal and was generally accepted if performed before "quickening" – an archaic term for fetal movement that usually occurs around four months into a pregnancy. During this period, abortion was largely handled by skilled midwives, nurses, and other unlicensed women's healthcare providers, who were trusted and legitimate medical professionals.

19th Century

However, the 19th century marked a shift in attitudes towards abortion. The formation of the American Medical Association (AMA) in 1847 played a significant role in this change. The AMA, dominated by male physicians, sought to establish authority over women's bodies and reproductive health. They launched a criminalization campaign against abortion, targeting female abortion providers and pushing for state legislatures to ban the procedure. This led to the first abortion laws in the US, with Connecticut being the first state to regulate abortion in 1821.

By the 1880s, all states had laws restricting abortion, with some exceptions made for cases where a doctor deemed it necessary to save the life or health of the patient. These laws stigmatized abortion and pushed the practice underground, leading to unsafe and often deadly procedures.

Early 20th Century

By the turn of the century, nearly every state had anti-abortion laws in place, and enforcement of these laws became more stringent. The Comstock Laws, enacted in 1873, further restricted access to abortion by criminalizing the distribution of information related to abortion and birth control. These laws set the stage for the nationwide ban on abortion by 1910.

Factors Contributing to the Ban

Several factors contributed to the nationwide ban on abortion:

• Professional Authority: Male physicians sought to establish authority over women's bodies and reproductive health, marginalizing the knowledge and practices of midwives and other female healthcare providers.
• Commercial Incentives: Physicians wanted to gain access to the lucrative healthcare market, which was previously dominated by midwives. By criminalizing abortion and pushing midwives out of practice, they secured a monopoly over reproductive healthcare services.
• Social and Political Factors: There was a growing concern about losing control among white men in power due to increased immigration. Banning abortion was seen as a way to encourage upper-class white women to have more children and maintain their dominance.
• Medical Advances: Advances in medical knowledge and technology played a role. Physicians argued that if abortion after quickening was considered unacceptable, then it should also be opposed before quickening as the process of gestation was continuous.

Impact of the Ban

The nationwide ban on abortion had significant consequences. It pushed abortion further underground, leading to unsafe and often deadly procedures. By 1930, nearly 2,700 women died due to unsafe, illegal abortions, highlighting the deadly impact of criminalization. The ban also disproportionately affected those without the means to access abortion services, particularly poor and marginalized communities.

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