Who Authored The Abortion Expansion Law?

The history of abortion law is a long and complex one, with many different factors influencing its development over time. Here is a brief overview of some key moments in the evolution of abortion law:

- 1847: The American Medical Association (AMA) is formed, marking the beginning of a male-dominated authority on medical practices. The AMA scrutinized reproductive health care workers, such as midwives and nurses, and their obstetric services were phased out.

- 1880s: A century of criminalization begins, with laws restricting abortion access becoming the norm. By 1880, all states had laws to restrict abortion, with exceptions in some states if a doctor deemed it necessary to save the life or health of the patient or for therapeutic reasons.

- 1910: Abortion is banned nationwide in the United States, with only limited exceptions to save the patient's life.

- 1930: Criminalizing abortion leads to unsafe and illegal procedures, resulting in a high death toll. Nearly 2,700 women die from unsafe abortions in 1930, according to the Guttmacher Institute.

- 1955: Planned Parenthood holds a conference on the issue of abortion, marking the first time abortion law reform is publicly discussed.

- 1960s: The abortion law reform movement gains momentum, with 11 states liberalizing their abortion laws.

- 1973: The Supreme Court establishes the legal right to access abortion nationwide in the Roe v. Wade case, recognizing that the constitutional right to privacy includes a woman's decision to terminate her pregnancy.

- 1980s-2020s: The abortion debate continues to be a divisive issue in the United States, with states enacting various restrictions and protections for abortion access. The Supreme Court has also weighed in on abortion law, with landmark cases such as Planned Parenthood v. Casey (1992) and Dobbs v. Jackson Women's Health Organization (2022) shaping the legal landscape for abortion.

The American Medical Association's criminalization campaign against abortion

The American Medical Association (AMA) was formed in 1847 by doctors who wanted to be the authority on medical practices. The association was male-dominated and scrutinized female reproductive health care workers, like midwives and nurses. The obstetric services they provided were phased out.

AMA members believed they should have the power to decide when an abortion could be legally performed. However, they lacked expertise in pregnancy and reproductive health. They launched a criminalization campaign against abortion and female abortion providers, and state legislatures moved to ban abortion.

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 patient's life or health, or for therapeutic reasons. As abortion became criminalized, the stigma surrounding it grew.

By 1910, abortion was not only restricted but outright illegal at every stage of pregnancy in every state. These abortion bans had some exceptions in instances to save the patient's life—a decision that only doctors, 95% of whom were men, had the power to make.

The criminalization of abortion sent the practice underground, resulting in a high death toll. Unsafe, illegal abortions caused nearly 2,700 deaths in 1930, almost one out of every five recorded maternal deaths that year.

The AMA's criminalization campaign against abortion was part of a larger movement to consolidate power in the hands of wealthy, white men. It was also rooted in white supremacy and patriarchal strongholds, as abortion bans have historically been used to control the bodies of Black women.

Today, the AMA continues to oppose the criminalization of abortion and advocates for expanded access to abortion care. They recognize that government intrusion into the patient-physician relationship compromises patient access to safe, evidence-based medical care.

The role of the Catholic Church in the US abortion debate

The Catholic Church has historically played a significant and controversial role in the abortion debate in the United States. While the Church has consistently opposed abortion, the majority of American Catholics disagree with this stance, with 59% supporting legal abortion in all or most cases. This divergence is even more pronounced among Catholics of colour, with 73% supporting abortion rights.

In the 19th century, the Catholic Church in the United States took a leading role in denouncing what it termed "criminal abortion". The Church's stance was that "destruction of the embryo at any period from the first instant of conception is a crime equal in guilt to that of murder". This position was in contrast to the traditional Protestant Christian belief that personhood began at "quickening", or the moment a pregnant woman feels the fetus move, which usually occurs around four months into a pregnancy.

Following the 1968 publication of *Humanae Vitae*, an encyclical by Pope Paul VI that expressly forbade abortion, Catholic bishops in the US began to stress anti-abortion views as a central facet of Catholic identity. Before the 1973 Roe v. Wade decision, which legalised abortion in the US, the anti-abortion movement consisted almost entirely of Catholics, including lawyers, politicians, and doctors.

The level of involvement of the Catholic hierarchy changed dramatically after Roe v. Wade, and the Catholic-sponsored National Right to Life Committee (NRLC) was created to mobilise a wide-scale anti-abortion movement. The NRLC became the largest anti-abortion organisation in the country and worked to mobilise non-Catholics as well. Since Roe v. Wade, the Catholic hierarchy in the US has devoted more time, energy, and money to the issue of abortion than any other single issue.

The Church's reaction to Roe v. Wade was immediate and condemnatory, with the Committee for Pro-Life Activities of the National Conference of Catholic Bishops advising Americans to "not follow its reasoning or conclusions". To press for the passage of a Human Life Amendment, the Church established a lobby group: the National Committee for a Human Life Amendment (NCHLA). The NCHLA has challenged Roe v. Wade in court and backed the appointment of pro-life judges.

The Catholic Church's opposition to abortion has often been the subject of controversy, particularly regarding the actions it has taken against pro-abortion rights Catholics. For example, in 1990, John Cardinal O'Connor of New York suggested that pro-abortion rights Catholic politicians risked excommunication. In response, Congresswoman Nancy Pelosi asserted:

> "There is no desire to fight with the cardinals or archbishops. But it has to be clear that we are elected officials and we uphold the law and we support public positions separate and apart from our Catholic faith."

There has also been controversy over whether Catholic politicians who promote the legalization of abortion should be denied communion, with most instances involving a bishop threatening to deny a politician communion. These instances have targeted Democrats, although a number of prominent Republican politicians are also pro-abortion rights.

Despite the Church's stance, most American Catholics hold views that differ from official Church teachings on abortion. Sixty-four percent disapprove of the statement that "abortion is morally wrong", and only 16-22% believe abortion should never be permitted by law.

The history of abortion in Texas

Abortion has been a regular part of women's lives in America, and in Texas specifically, since the colonial era. However, the procedure was only outlawed in the mid-1800s, and even then, it was only restricted rather than banned outright.

Pre-1850s

Before the 1850s, abortion was not a significant source of controversy in the United States. Abortion was permitted before "quickening", an archaic term for when a foetus first moves in the womb, which usually occurs around four months into a pregnancy. At this time, surgical abortions were rare, and women would typically use herbs and medications to induce abortions. Abortion was unregulated, and was provided by skilled midwives, nurses, and other unlicensed women's health care providers.

1850s-1900s

In 1821, Connecticut passed the first state statute legislating abortion in the United States, outlawing the use of poisons in abortions. In the 1840s, there was an upsurge in abortions, and by 1850, all states had laws restricting abortion, with some exceptions in certain states if a doctor said the abortion was needed to save the patient's life or health, or for therapeutic reasons.

In the 1860s, several states passed anti-abortion laws, and after 1860, these laws were more stringently enforced. As a result, many women began to use illegal, underground abortion services. By 1910, abortion was banned nationwide, although wealthy white women could still access abortions by travelling out of state.

1900s-1950s

The criminalisation of abortion led to a high death toll, with nearly 2,700 women dying from unsafe, illegal abortions in 1930. In the 1950s, media coverage of unsafe, illegal abortions led to increased support for abortion law reform.

1960s

In the 1960s, abortion law reform gained momentum. In the late 1960s, 11 states liberalised their abortion laws, and in 1969, the National Association for the Repeal of Abortion Laws (NARAL) was established in Chicago.

1970s

In 1970, New York state legalised abortion, and a Planned Parenthood health centre in Syracuse became the first in the country to provide abortion services. In 1973, the US Supreme Court ruled that the Constitution of the United States generally protected the right to have an abortion in the landmark case of Roe v. Wade. This decision struck down many abortion laws and caused an ongoing abortion debate in the United States.

1980s-2000s

In 1984, the Global Gag Rule was introduced, preventing foreign organisations that receive US health aid from providing information on and referrals for abortions or advocating for abortion access. In 1992, the Supreme Court reaffirmed the right to abortion in the case of Planned Parenthood v. Casey, although it introduced an undue burden framework that made it more difficult to challenge laws that were less than absolute prohibitions on abortion.

2010s-2020s

In 2016, the Supreme Court struck down several of Texas's abortion laws in Whole Woman's Health v. Hellerstedt, ruling that they posed an undue burden to abortion access. In 2021, Texas implemented the Texas Heartbeat Act, banning abortions after a fetal heartbeat can be detected, which is typically around six weeks into a pregnancy, and often before women know they are pregnant. In 2022, the Supreme Court overruled Roe and Casey in Dobbs v. Jackson Women's Health Organization, ending the constitutional right to abortion.

The global gag rule

Research has shown that the Global Gag Rule does not decrease the number of abortions but instead increases the number of unsafe abortions. It also negatively impacts maternal, newborn, and child health. For example, a 2011 study found that in rural Ghana, there was a 12% increase in pregnancies, leading to an additional 200,000 abortions and between 500,000 and 750,000 additional unplanned births.

The Hyde Amendment

The amendment has been described as discriminatory and racist, as Medicaid disproportionately serves Black, Latino, and LGBTQ+ communities, who already face barriers to care and economic opportunity. Despite the federal law, 16 states include abortion in their Medicaid programs using state funds. The remaining 34 states and the District of Columbia do not provide abortion coverage in their Medicaid programs due to the Hyde Amendment.

The impact of the Hyde Amendment is significant, particularly for low-income women and women of colour, who are more likely to rely on Medicaid for health coverage. The amendment restricts their access to abortion services and forces them to pay out-of-pocket for the procedure or rely on abortion funds. The median out-of-pocket costs for a first-trimester abortion are $568 for a medication abortion and $625 for a procedural abortion.

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