Abortion in the United States
Abortion in the United States has been legal in every state since the United States Supreme Court decision in Roe v. Wade, on January 22, 1973. Prior to "Roe", there were exceptions to the abortion ban in at least 10 states; "Roe" established that a woman has a right to self-determination (often referred to as a "right to privacy") covering the decision whether or not to carry a pregnancy to term, but that this right must be balanced against a state's interest in preserving fetal life.
Roe established a "trimester" system of increasing state interest in the life of the fetus corresponding to the fetus's increasing "viability" (likelihood of survival outside the uterus) over the course of a pregnancy, such that states were prohibited from banning abortion early in pregnancy but allowed to impose increasing restrictions or outright bans later in pregnancy. That decision was modified by the 1992 case Planned Parenthood v. Casey, which upheld the "central holding" in Roe that there is a fundamental right to privacy encompassing the decision about abortion, but replacing the trimester system with the point of fetal viability (whenever it may occur) as defining a state's right to override the woman's autonomy. Casey also lowered the legal standard to which states would be held in justifying restrictions imposed on a woman's rights; Roe had held this to be "strict scrutiny" - the traditional Supreme Court test for impositions upon fundamental Constitutional rights - whereas Casey created a new standard referring to "undue burden", specifically to balance the state's and the woman's interests in the case of abortion.
Before Roe v. Wade, abortion was legal in several areas of the country, but that decision imposed a uniform framework for state legislation on the subject, and established a minimal period during which abortion must be legal (under greater or lesser degrees of restriction throughout the pregnancy). That basic framework, modified in Casey, remains nominally in place, although the effective availability of abortion varies significantly from state to state. Abortion remains one of the most controversial topics in United States culture and politics.
- 1 Terminology
- 2 History
- 3 Current legal situation
- 4 Statistics
- 5 Public opinion
- 6 Abortion financing
- 7 Positions of U.S. political parties
- 8 Effects of legalization
- 9 See also
- 10 Notes and references
- 11 External links
In medical terms, the word abortion refers to any pregnancy that does not end in a live birth, and therefore can refer to a miscarriage or a premature birth that does not result in a live infant. Such events are often called spontaneous abortions if they occur before 20 weeks of gestation. In common parlance, however, abortion is used to mean "induced abortion" of an embryo or fetus at any point in pregnancy, and this is also how the term is used in a legal sense.
Abortion before Roe
There were few laws on abortion in the United States at the time of independence, except the English common law adopted into United States law by Acts of Reception, which held abortion to be legally acceptable if occurring before quickening. James Wilson, a framer of the U.S. Constitution, explained as follows:
“ With consistency, beautiful and undeviating, human life, from its commencement to its close, is protected by the common law. In the contemplation of law, life begins when the infant is first able to stir in the womb. By the law, life is protected not only from immediate destruction, but from every degree of actual violence, and, in some cases, from every degree of danger. ”
Various anti-abortion statutes began to appear in the 1820s. In 1821, Connecticut passed a statute targeting apothecaries who sold poisons to women for purposes of abortion, and New York made post-quickening abortions a felony and pre-quickening abortions a misdemeanor eight years later. It is sometimes argued that the early American abortion statutes were motivated not by ethical concerns about abortion but by worry about the safety of the procedure; however, some legal theorists believe 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 statutes punished not only the doctors or abortionists, but also punished the women who hired them.
The criminalization movement accelerated during the 1860s, and by 1900 abortion was largely illegal in every state. Some states did include provisions allowing for abortion in limited circumstances, generally to protect the woman's life or pregnancies due to rape or incest. Abortions continued to occur, however, and increasingly became readily available. Illegal abortions were often unsafe, sometimes resulting in death, as in the case of Gerri Santoro of Connecticut in 1964.
Some 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 1960s. Women seeking the procedure would call a designated number and be given instructions on how to find "Jane".
In 1965, following the Supreme Court’s decision in Griswold v. Connecticut declaring a constitutional right to contraceptives, 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. This had the consequence of categorizing birth control methods that prevented implantation as contraceptives, not abortifacients.
In 1967, Colorado became the first state to legalize 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 1970, New York repealed its 1830 law and allowed abortions up to the 24th week of pregnancy. Similar laws were soon passed in Alaska, Hawaii, and Washington. A law in Washington, DC, which allowed abortion to protect the life or health of the woman, was challenged in the Supreme Court in 1971 in United States v. Vuitch. The court upheld the law, deeming that "health" meant "psychological and physical well-being," essentially allowing abortion in Washington, DC. By the end of 1972, 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 womans'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.
Roe v. Wade
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 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: "We need not resolve the difficult question of when life begins. 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." Instead, it chose to point out that historically, under English and American common law and statutes, "the unborn have never been recognized ...as persons in the whole sense" and thus the fetuses are not legally entitled to the protection afforded by the right to life specifically enumerated in the Fourteenth Amendment. 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.
Jane Roe and Mary Doe
"Jane Roe" of the landmark Roe v. Wade lawsuit, whose real name is Norma McCorvey, is now a pro-life advocate. 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 doesn't remember McCorvey having any hesitancy about wanting an abortion.
"Mary Doe" of the companion Doe v. 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.
Later judicial decisions
The 1992 case of Planned Parenthood v. Casey overturned Roe's strict trimester formula, but reemphasized the right to abortion as grounded in the general sense of liberty and privacy protected under the Due Process Clause of the Fourteenth Amendment to the United States Constitution: "If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child." Advancements in medical technology meant that a fetus might be considered viable, and thus have some basis of a right to life, at 22 or 23 weeks rather than at the 28 that was more common at the time Roe was decided.
The Supreme Court continues to grapple with cases on the subject. On April 18, 2007 it issued a ruling in the case of Gonzales v. Carhart, involving a Federal law entitled the Partial-Birth Abortion Ban Act of 2003 which President George W. Bush had signed into law. The United States Supreme Court upheld the 2003 partial-birth abortion ban by a narrow majority of 5-4. The law stipulated that anyone breaking the law would get a prison sentence up to 2.5 years. The Supreme Court voted to uphold the national ban on the procedure opponents call "partial-birth abortion" (called intact dilation and extraction by the medical community), marking the first time the court has allowed a ban on any type of abortion since 1973. The swing vote, which came from moderate justice Anthony Kennedy, was joined by Justices Antonin Scalia, Clarence Thomas, and the two recent appointees, Samuel Alito and Chief Justice John Roberts.
Current legal situation
Since 1995, led by Congressional Republicans, the U.S. House of Representatives and U.S. Senate have moved several times to pass measures banning the procedure of intact dilation and extraction, also commonly known as partial birth abortion. After several long and emotional debates on the issue, such measures passed twice by wide margins, but President Bill Clinton vetoed those bills in April 1996 and October 1997 on the grounds that they did not include health exceptions. Congressional supporters of the bill argue that a health exception would render the bill unenforceable, since the Doe v. Bolton decision defined "health" in vague terms, justifying any motive for obtaining an abortion. Subsequent Congressional attempts at overriding the veto were unsuccessful.
On October 2, 2003, with a vote of 281-142, the House again approved a measure banning the procedure, called the Partial-Birth Abortion Ban Act. Through this legislation, a doctor could face up to two years in prison and face civil lawsuits for performing such an abortion. A woman who undergoes the procedure cannot be prosecuted under the measure. The measure contains an exemption to allow the procedure if the woman's life is threatened. On October 21, 2003, the United States Senate passed the same bill by a vote of 64-34, with a number of Democrats joining in support. The bill was signed by President George W. Bush on November 5, 2003, but a federal judge blocked its enforcement in several states just a few hours after it became public law. The Supreme Court upheld the nationwide ban on the procedure in the case Gonzales v. Carhart on April 18, 2007, signaling a substantial change in the Court's approach to abortion law. The 5-4 ruling said the Partial Birth Abortion Ban Act does not conflict with previous Court decisions regarding abortion.
The current judicial interpretation of the U.S. Constitution regarding abortion in the United States, following the Supreme Court of the United States's 1973 landmark decision in Roe v. Wade, and subsequent companion decisions, is that abortion is legal but may be restricted by the states to varying degrees. States have passed laws to restrict late term abortions, require parental notification for minors, and mandate the disclosure of abortion risk information to patients prior to the procedure.
“ All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. ”
The official report of the U.S. Senate Judiciary Committee, issued in 1983 after extensive hearings on the Human Life Amendment (proposed by Senators Orrin Hatch and Thomas Eagleton), stated what substantially remains true today:
“ Thus, the [Judiciary] Committee observes that no significant legal barriers of any kind whatsoever exist today in the United States for a mother to obtain an abortion for any reason during any stage of her pregnancy. ”
One aspect of the legal abortion regime now in place has been determining when the fetus is "viable" outside the womb as a measure of when the "life" of the fetus is its own (and therefore subject to being protected by the state). In the majority opinion delivered by the court in Roe v. Wade, viability was defined as "potentially able to live outside the mother's womb, albeit with artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks." When the court ruled in 1973, the then-current medical technology suggested that viability could occur as early as 24 weeks. Advances over the past three decades have allowed fetuses that are a few weeks less than 24 weeks old to survive outside the mother's womb. These scientific achievements, while life-saving for premature babies, have made the determination of being "viable" somewhat more complicated. As of 2006, the youngest child to survive a premature birth in the United States was a girl born at the Baptist Hospital of Miami at 21 weeks and 6 days' gestational age.
In comparison to other developed countries, the procedure is more available in the United States in terms of how late the abortion can legally be performed. However, in terms of other aspects such as government funding, privacy for non-adults, or geographical access, some U.S. states are far more restrictive. In most of Europe, elective abortions are only allowed up to 12 weeks (18 weeks in Sweden, 21 weeks in the Netherlands, 24 weeks in Great Britain). In France, unless the fetus is severely deformed or the mother's health is directly at risk, any abortion after the first twelve weeks is illegal. In many countries the right to abortion has been legalized by respective parliaments, while in the U.S. the right to abortion has been deemed a part of a constitutional right to privacy by the Supreme Court.
Because of the split between federal and state law, legal access to abortion continues to vary somewhat by state. Geographic availability, however, varies dramatically, with 87 percent of U.S. counties having no abortion provider. Moreover, due to the Hyde Amendment, many state health programs which poor women rely on for their health care do not cover abortions; currently 17 states (including California, Illinois and New York) offer or require such coverage.
The legality of abortion in the United States is frequently a major issue in nomination battles for the U.S. Supreme Court. However, nominees typically remain silent on the issue during their hearings, because it is an issue that may come before them as judges.
The Unborn Victims of Violence Act, commonly known as "Laci and Conner's Law" was passed by Congress and signed into law by President Bush on April 1, 2004, allowing two charges to be filed against someone who kills a pregnant mother (one for the mother and one for the fetus). It specifically bans charges against the mother and/or doctor relating to abortion procedures. Nevertheless, it has generated much controversy among pro-choice advocates. They view it as a potential step in the direction of banning abortion.
State-by-state legal status
Various states have passed legislation on the subject of feticide. On March 6, 2006, South Dakota Governor Mike Rounds signed into law a pro-life statute which made performing abortions a felony, and that law was subsequently repealed in a November 7, 2006 referendum. On February 27, 2006, Mississippi’s House Public Health Committee voted to approve a ban on abortion, and that bill died after the House and Senate failed to agree on compromise legislation. Several states have enacted "trigger laws" which "would take effect if Roe v. Wade is overturned." North Dakota HB 1572 or the Personhood of Children Act, which passed the North Dakota House of Representatives on February 18, 2009, but was later defeated in the North Dakota Senate, aimed to allocate rights to "the pre-born, partially born", and if passed, would likely have been used to challenge Roe v. Wade.
Because reporting of abortions is not mandatory, statistics are of varying reliability. The Centers For Disease Control (CDC) regularly compiles these statistics.
Number of abortions in United States
According to the Centers for Disease Control (CDC), since 1973, roughly 50 million legal induced abortions have been performed in the United States.
The use of the abortifacient Mifepristone is reported by the Centers for Disease Control and Prevention as a "medical (nonsurgical) procedures" in the abortion surveillance reports. Medical nonsurgical abortions voluntarily reported to the CDC by 47 states (excluding California, Louisiana, and New Hampshire) as a percentage of total abortions in the United States have increased every year since the approval of Mifepristone: 1.0% in 2000, 2.9% in 2001, 5.2% in 2002, 7.9% in 2003, 9.3% in 2004, 9.9% in 2005, 10.6% in 2006, 13.1% in 2007, (15.9% of those at less than 9 weeks gestation). A Guttmacher Institute survey of abortion providers estimated that medical nonsurgical abortions accounted for 13% of total abortions in the United States in 2005.
Abortions and ethnicity
Abortion rates are much more common among minority women in the U.S. In 2000-2001, the rates among black and Hispanic women were 49 per 1,000 and 33 per 1,000, respectively, vs. 13 per 1,000 among non-Hispanic white women. Note that this figure includes all women of reproductive age, including women that are not pregnant. In other words, these abortion rates reflect the rate at which U.S. women of reproductive age have an abortion each year.
In 2004, the rates of abortion by ethnicity in the U.S. were 50 abortions per 1,000 black women, 28 abortions per 1,000 Hispanic women, and 11 abortions per 1,000 white women.
Reasons for abortions
In 2000, cases of rape or incest accounted for 1% of abortions. Another study, in 1998, revealed that in 1987-1988 women reported the following as their primary reasons for choosing an abortion:
- 25.9% Want to postpone childbearing
- 21.3% Cannot afford a baby
- 14.1% Has relationship problem or partner does not want pregnancy
- 12.2% Too young; parent(s) or other(s) object to pregnancy
- 10.8% Having a child will disrupt education or job
- 7.9% Want no (more) children
- 3.3% Risk to fetal health
- 2.8% Risk to maternal health
- 2.1% Other
According to a 1987 study that included specific data about late abortions (i.e. abortions “at 16 or more weeks' gestation”), women reported that various reasons contributed to their having a late abortion:
- 71% Woman didn't recognize she was pregnant or misjudged gestation
- 48% Woman found it hard to make arrangements for abortion
- 33% Woman was afraid to tell her partner or parents
- 24% Woman took time to decide to have an abortion
- 8% Woman waited for her relationship to change
- 8% Someone pressured woman not to have abortion
- 6% Something changed after woman became pregnant
- 6% Woman didn't know timing is important
- 5% Woman didn't know she could get an abortion
- 2% A fetal problem was diagnosed late in pregnancy
- 11% Other.
When women have abortions (by gestational age)
Generally speaking, in the United States induced abortions become more controversial the later they are performed into the pregnancy.
Americans, as noted by Gallup in "More Americans Pro-Life Than Pro-Choice", are now being polled as pro-life, as opposed to pro-choice, for the first time since 1995, when Gallup began tracking the issue. CNN, in May 2007 earlier achieved this result, with just 45% surveying as pro-choice compared to 50% Pro-Life, though at the time, Gallup a week later found 49% responding pro-choice with only 45% pro-life.
Nevertheless, as Gallup now notes, abortion attitudes are indeed shifting. Gallup declared in May 2010 that more Americans being pro-life is "the new normal".
Date of poll Pro-life Pro-choice Mixed / neither Don't know what terms mean No opinion 2011, May 5–8 45% 49% 3% 2% 2% 2010, March 26–28 46% 45% 4% 2% 3% 2009, November 20–22 45% 48% 2% 2% 3% 2009, May 7-10 51% 42% - 0 7% 2008, September 5–7 43% 51% 2% 1% 3%
By gender, party, and region
A January 2003 CBS News/New York Times poll examined whether Americans thought abortion should be legal or not, and found variations in opinion which depended upon gender, party affiliation, and the region of the country. The margin of error is +/- 4% for questions answered of the entire sample ("overall" figures) and may be higher for questions asked of subgroups (all other figures).
Group Generally available Available, but with stricter limits than now Not permitted Overall 39% 38% 22% Women 37% 37% 24% Men 40% 40% 20% Democrats 43% 35% 21% Republicans 29% 41% 28% Independents 42% 38% 18% Northeasterners 48% 31% 19% Midwesterners 34% 40% 25% Southerners 33% 41% 25% Westerners 43% 40% 16%
By trimester of pregnancy
A CNN/USA Today/Gallup poll in January 2003 asked about the legality of abortion by trimester, using the question, "Do you think abortion should generally be legal or generally illegal during each of the following stages of pregnancy?"  This same question was also asked by Gallup in March 2000 and July 1996.
2011 Poll 2003 Poll 2000 Poll 1996 Poll Legal Illegal Legal Illegal Legal Illegal Legal Illegal First trimester 62% 29% 66% 35% 66% 31% 64% 30% Second trimester 24% 71% 25% 68% 24% 69% 26% 65% Third trimester 10% 86% 10% 84% 8% 86% 13% 82%
By circumstance or reasons
According to Gallup's long-time polling on abortion, the majority of Americans are neither strictly Pro-Life or Pro-Choice; it depends upon circumstances. Gallup polling from 1996 to 2009 consistently reveals that when asked the question, "Do you think abortions should be legal under any circumstances, legal only under certain circumstances, or illegal in all circumstances?", Americans repeatedly answer 'legal only under certain circumstances'. According to the poll, in any given year 48-57% say legal only under certain circumstances (for 2009, 57%), 21-34% say legal under any circumstances (for 2009, 21%), and 13-19% illegal in all circumstances (for 2009, 18%), with 1-7% having no opinion (for 2009, 4%).
"Do you think abortions should be legal under any circumstances, legal only under certain circumstances, or illegal in all circumstances?"
Legal under any circumstances Legal only under certain/few circumstances Illegal in all circumstances No opinion 2011 May 5–8 27% 49% 22% 3% 2009 Jul 17-19 21% 57% 18% 4% 2009 May 7–10 22% 53% 23% 2% 2008 May 8–11 28% 54% 18% 2% 2007 May 10–13 26% 55% 17% 1% 2006 May 8–11 30% 53% 15% 2%
According to the aforementioned poll, Americans differ drastically based upon situation of the pregnancy, suggesting they do not support unconditional abortions. Based on 2 separate polls taken May 19–21, 2003, of 505 and 509 respondents respectively, Americans stated their approval for abortion under these various circumstances:
Poll Criteria Total Poll A Poll B When the woman's life is endangered 78% 82% 75% When the pregnancy was caused by rape or incest 65% 72% 59% When the child would be born with a life-threatening illness 54% 60% 48% When the child would be born mentally disabled 44% 50% 38% When the woman does not want the child for any reason 32% 41% 24%
Another separate trio of polls taken by Gallup in 2003, 2000, and 1996, revealed public support for abortion as follows for the given criteria:
Poll criteria 2003 Poll 2000 Poll 1996 Poll When the woman's life is endangered 85% 84% 88% When the woman's physical health is endangered 77% 81% 82% When the pregnancy was caused by rape or incest 76% 78% 77% When the woman's mental health is endangered 63% 64% 66% When there is evidence that the baby may be physically impaired 56% 53% 53% When there is evidence that the baby may be mentally impaired 55% 53% 54% When the woman or family cannot afford to raise the child 35% 34% 32%
Gallup furthermore established public support for many issues supported by the Pro-Life community and opposed by the Pro-Choice community:
Legislation 2003 Poll 2000 Poll 1996 Poll A law requiring doctors to inform patients about alternatives to abortion before performing the procedure 88% 86% 86% A law requiring women seeking abortions to wait 24 hours before having the procedure done 78% 74% 73% Legislation 2005 Poll 2003 Poll 1996 Poll 1992 Poll A law requiring women under 18 to get parental consent for any abortion 69% 73% 74% 70% A law requiring that the husband of a married woman be notified if she decides to have an abortion 64% 72% 70% 73%
An October 2007 CBS News poll explored under what circumstances Americans believe abortion should be allowed, asking the question, "What is your personal feeling about abortion?" The results were as follows:
Permitted in all cases Permitted, but subject to greater restrictions than it is now Only in cases such as rape, incest, or to save the woman's life Only permitted to save the woman's life Never Unsure 26% 16% 34% 16% 4% 4%
- A June 2000 Los Angeles Times survey found that, although 57% of polltakers considered abortion to be murder, half of that 57% believed in allowing women access to abortion. The survey also found that, overall, 65% of respondents did not believe abortion should be legal after the first trimester, including 72% of women and 58% of men. Further, the survey found that 85% of Americans polled supported abortion in cases of risk to a woman's physical health, 54% if the woman's mental health was at risk, and 66% if a congenital abnormality was detected in the fetus.
- A July 2002 Public Agenda poll found that 44% of men and 42% of women thought that "abortion should be generally available to those who want it", 34% of men and 35% of women thought that "abortion should be available, but under stricter than limits it is now", and 21% of men and 22% of women thought that "abortion should not be permitted".
- A January 2003 ABC News/Washington Post poll also examined attitudes towards abortion by gender. In answer to the question, "On the subject of abortion, do you think abortion should be legal in all cases, legal in most cases, illegal in most cases or illegal in all cases?", 25% of women responded that it should be legal in "all cases", 33% that it should be legal in "most cases", 23% that it should be illegal in "most cases", and 17% that it should be illegal in "all cases". 20% of men thought it should be legal in "all cases", 34% legal in "most cases", 27% illegal in "most cases", and 17% illegal in "all cases".
- Most Fox News viewers favor both parental notification as well as parental consent, when a minor seeks an abortion. A Fox News poll in 2005 found that 78% of people favor a notification requirement, and 72% favor a consent requirement.
- An April 2006 Harris poll on Roe v. Wade, asked, "In 1973, the U.S. Supreme Court decided that states' laws which made it illegal for a woman to have an abortion up to three months of pregnancy were unconstitutional, and that the decision on whether a woman should have an abortion up to three months of pregnancy should be left to the woman and her doctor to decide. In general, do you favor or oppose this part of the U.S. Supreme Court decision making abortions up to three months of pregnancy legal?", to which 49% of respondents indicated favor while 47% indicated opposition. The Harris organization has concluded from this poll that "49 percent now support Roe vs. Wade."
- Two polls were released in May 2007 asking Americans "With respect to the abortion issue, would you consider yourself to be pro-choice or pro-life?" May 4 through 6th, a CNN poll found 45% said pro-choice and 50% said pro-life. Within the following week, a Gallup poll found 50% responding pro-choice and 44% pro-life.
Partial birth abortion
"Partial-Birth" abortion is a non-medical term for a procedure called intact dilation and extraction used by those who oppose the procedure due to the opinion that the fetus has developed. A Rasmussen Reports poll four days after the Supreme Court's opinion in Gonzales v. Carhart found that 40% of respondents "knew the ruling allowed states to place some restrictions on specific abortion procedures." Of those who knew of the decision, 56% agreed with the decision and 32% were opposed. An ABC poll from 2003 found that 62% of respondents thought "partial-birth abortion" should be illegal; a similar number of respondents wanted an exception "if it would prevent a serious threat to the woman's health." Additional polls from 2003 found between 47–70% in favor of banning this type of abortion and between 25–40% opposed.
Gallup has repeatedly queried the American public on this issue, as seen on its 'Abortion' page:
Legislation 2003 2000 2000 2000 1999 1998 1997 1996 A law which would make it illegal to perform a specific abortion procedure conducted in the last six months (or second and/or third trimester) of pregnancy known by some opponents as a "partial birth abortion," except in cases necessary to save the life of the mother 70% 63% 66% 64% 61% 61% 55% 57%
The cost of an abortion varies depending on factors such as location, facility, timing, and type of procedure. In 2005, a nonhospital abortion at 10 weeks’ gestation ranged from $90 to $1,800 (average: $430), whereas an abortion at 20 weeks’ gestation ranged from $350 to $4,520 (average: $1,260). Costs are higher for a medical abortion than a first-trimester surgical abortion.
- Federal law requires that states cover abortions under Medicaid in the event of rape, incest, and life endangerment, but bans the use of federal Medicaid funds for any other abortions.
- Based on these restrictions, 32 states and DC fund abortions through Medicaid only in the cases of rape, incest, or life endangerment. SD covers abortions only in the cases of life endangerment, which does not comply with federal requirements under the Hyde Amendment. IN, UT and WI have expanded coverage to women whose physical health is jeopardized, and IA, MS, UT and VA also include fetal abnormality cases.
- Seventeen states (AK, AZ, CA, CT, HI, IL, MD, MA, MN, MT, NJ, NM, NY, OR, VT, WA, WV) use their own funds to cover all or most “medically necessary” abortions sought by low-income women under Medicaid.
- Five states (ID, KY, MO, ND, OK) restrict insurance coverage of abortion services in private plans: OK limits coverage to life endangerment, rape or incest circumstances; and the other four states limit coverage to cases of life endangerment.
- Twelve states (CO, IL, KY, MA, MS, NE, ND, OH, PA, RI, SC, VA) restrict abortion coverage in insurance plans for public employees, with CO and KY restricting insurance coverage of abortion under any circumstances.
- U.S. laws also ban federal funding of abortions for Federal employees and their dependents, Native Americans covered by the Indian Health Service, military personnel and their dependents, and women with disabilities covered by Medicare.
Positions of U.S. political parties
Though members of both major political parties come down on either side of the issue, the Republican Party is often seen as being pro-life, since the official party platform opposes abortion and considers unborn children to have an inherent right to life. Republicans for Choice represents the minority of that party. In 2006 pollsters found that 9% of Republicans favor the availability of abortion in most circumstances. Of Republican National Convention delegates in 2004, 13% believed that abortion should be generally available, and 38% believed that it should not be permitted. The same poll showed that 17% of all Republican voters believed that abortion should be generally available to those who want it, while 38% believed that it should not be permitted.
The Democratic Party platform considers abortion to be a woman's right. Democrats for Life of America represents the minority of that party. In 2006 pollsters found that 74% of Democrats favor the availability of abortion in most circumstances. However, a Zogby International poll in 2004 found that 43% of all Democrats believed that abortion "destroys a human life and is manslaughter." Of Democratic National Convention delegates in 2004, 75% believed that abortion should be generally available, and 2% believed that abortion should not be permitted. The same poll showed that 49% of all Democratic voters believed that abortion should be generally available to those who want it, while 13% believed that it should not be permitted.
The U.S. Green Party supports abortion as a woman's right.
The U.S. Libertarian Party takes no position on abortion, but the Party opposes any government funding of abortion.
In the United States the abortion issue has become deeply politicized: in 2002, 84% of state Democratic platforms supported abortion while 88% of state Republican platforms opposed it. This divergence also led to Christian Right organizations like Christian Voice, Christian Coalition and Moral Majority having an increasingly strong role in the Republican Party. This opposition has been extended under the Foreign Assistance Act: in 1973 Jesse Helms introduced an amendment banning the use of aid money to promote abortion overseas, and in 1984 the Mexico City Policy prohibited financial support to any overseas organization that performed or promoted abortions. The "Mexico City Policy" was revoked by President Bill Clinton and subsequently reinstated by President George W. Bush. President Barack Obama immediately overruled this policy by Executive Order on January 23, 2009.
The official platforms of the major political parties in the US are as follows:
The U.S. Republican Party
- 2008: "Faithful to the first guarantee of the Declaration of Independence, we assert the inherent dignity and sanctity of all human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed. We support a human life amendment to the Constitution, and we endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children. We oppose using public revenues to promote or perform abortion and will not fund organizations which advocate it. We support the appointment of judges who respect traditional family values and the sanctity and dignity of innocent human life..."
- 2004: "As a country, we must keep our pledge to the first guarantee of the Declaration of Independence. That is why we say the unborn child has a fundamental individual right to life which cannot be infringed. We support a human life amendment to the Constitution and we endorse legislation to make it clear that the Fourteenth Amendment’s protections apply to unborn children. Our purpose is to have legislative and judicial protection of that right against those who perform abortions. We oppose using public revenues for abortion and will not fund organizations which advocate it. We support the appointment of judges who respect traditional family values and the sanctity of innocent human life." 
- 2000: "Ban abortion with Constitutional amendment. We say the unborn child has a fundamental right to life. We support a human life amendment to the Constitution and we endorse legislation that the 14th Amendment’s protections apply to unborn children. Our purpose is to have legislative and judicial protection of that right against those who perform abortions. We oppose using public revenues for abortion and will not fund organizations which advocate it. We support the appointment of judges who respect the sanctity of innocent human life." 
- 2000: "Alternatives like adoption, instead of punitive action. Our goal is to ensure that women with problem pregnancies have the kind of support, material and otherwise, they need for themselves and for their babies, not to be punitive towards those for whose difficult situation we have only compassion. We oppose abortion, but our pro-life agenda does not include punitive action against women who have an abortion. We salute those who provide alternatives to abortion and offer adoption services." 
The U.S. Democratic Party
- 2008: "The Democratic Party strongly and unequivocally supports Roe v. Wade and a woman's right to choose a safe and legal abortion, regardless of ability to pay, and we oppose any and all efforts to weaken or undermine that right.The Democratic Party also strongly supports access to affordable family planning services and comprehensive age-appropriate sex education which empower people to make informed choices and live healthy lives. We also recognize that such health care and education help reduce the number of unintended pregnancies and thereby also reduce the need for abortions. The Democratic Party also strongly supports a woman's decision to have a child by ensuring access to and availability of programs for pre and post natal health care, parenting skills, income support, and caring adoption programs." 
- 2004: "Support right to choose even if mother cannot pay. Because we believe in the privacy and equality of women, we stand proudly for a woman's right to choose, consistent with Roe v. Wade, and regardless of her ability to pay. We stand firmly against Republican efforts to undermine that right. At the same time, we strongly support family planning and adoption incentives. Abortion should be safe, legal, and rare." 
- 2000: "Choice is a fundamental, constitutional right. Democrats stand behind the right of every woman to choose. We believe it is a constitutional liberty. This year’s Supreme Court ruling show us that eliminating a woman’s right to choose is only one justice away. Our goal is to make abortion more rare, not more dangerous. We support contraceptive research, family planning, comprehensive family life education, and policies that support healthy childbearing." 
Effects of legalization
The risk of death due to legal abortion has fallen considerably since legalization in 1973, due to increased physician skills, improved medical technology, and earlier termination of pregnancy. From 1940 through 1970, deaths of pregnant women during abortion fell from nearly 1,500 to a little over 100. According to the Centers for Disease Control, the number of women who died in 1972 from illegal abortion was thirty-nine (39). In 1960, Dr. Mary Calderone, a former director of Planned Parenthood, said:
“ Abortion is no longer a dangerous procedure. This applies not just to therapeutic abortions as performed in hospitals but also to so-called illegal abortions as done by physician. In 1957 there were only 260 deaths in the whole country attributed to abortions of any kind ...90 percent of all illegal abortions are presently being done by physicians ...Whatever trouble arises usually arises from self-induced abortions, which comprise approximately 8 percent, or with the very small percentage that go to some kind of non-medical abortionist... ”
The Roe effect is an hypothesis which suggests that since supporters of abortion rights cause the erosion of their own political base by having fewer children, the practice of abortion will eventually lead to the restriction or illegalization of abortion. The legalized abortion and crime effect is another controversial theory that posits legal abortion reduces crime, because unwanted children are more likely to become criminals.
- Abortion by country
- Abortion and religion
Notes and references
- ^ According to the Supreme Court's decision in Roe v. Wade:
- "(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician.
- "(b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health.
- "(c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother."
- ^ James Wilson, "Of the Natural Rights of Individuals" (1790-1792). Also see William Blackstone, Commentaries (1765): "Life ...begins in contemplation of law as soon as an infant is able to stir in the mother's womb."
- ^ Suzanne M. Alford, Is Self-Abortion a Fundamental Right?, 52 Duke Law Journal 1011.
- ^ Johnson, Linnea. "Something Real: Jane and Me. Memories and Exhortations of a Feminist Ex-Abortionist". CWLU Herstory Project. http://www.cwluherstory.org/something-real-jane-and-me-memories-and-exhortations-of-a-feminist-ex-abortionist.html. Retrieved 2010-05-23.
- ^ Roe v. Wade, 410 U.S. 113 (1972). Findlaw.com. Retrieved 2011-04-14.
- ^ An Interview with Norma McCorvey. Ann Scheidler, Chicago Pro-life Action League. April 20, 1996.
- ^ Affidavit of Sandra Cano. January 2, 2005.
- ^ Greenhouse, Linda (April 19, 2007). "Justices Back Ban on Method of Abortion". New York Times. http://www.nytimes.com/2007/04/19/washington/19scotus.html. Retrieved January 3, 2010.
- ^ Interactive maps comparing U.S. abortion restrictions by state, LawServer
- ^ "The Constitution of the United States of America: As Amended". 2007-07-25. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_documents&docid=f:hd050.pdf. Retrieved 2009-02-17.
- ^ Report, Committee on the Judiciary, U.S. Senate, on Senate Joint Resolution 3, 98th Congress, 98-149, June 7, 1983, p. 6.
- ^ Baptist Hospital of Miami, Fact Sheet (2006).
- ^ "Access to Abortion" (PDF). National Abortion Federation. 2003. http://www.prochoice.org/pubs_research/publications/downloads/about_abortion/access_abortion.pdf. Retrieved 2007-06-17.
- ^ "Public Funding for Abortion" (map)
- ^ Myers, Megan. "S.D. rejects abortion ban", Argus Leader, (2006-11-08). Retrieved 2007-01-23.
- ^ MacIntyre, Krystal. "Mississippi abortion ban bill fails as legislators miss deadline for compromise", Jurist News Archive (2006-03-28). Retrieved 2007-01-23.
- ^ Alford, Jeremy. "Louisiana Governor Plans To Sign Anti-Abortion Law". New York Times. Section A; Column 3; National Desk; Pg. 18 June 7, 2006. Retrieved December 23, 2007. Quote: "Gov. Kathleen Babineaux Blanco's office said Tuesday that she would shortly sign into law a strict ban on abortion that would permit abortion only in the case where a woman's life was threatened by pregnancy. The bill, approved by both houses of the Legislature and sent to the governor on Monday, would go into effect only if the United States Supreme Court overturned Roe v. Wade ...Eleven other states are considering similar measures. Six other states have bans, similar to the Louisiana bill, that would be put into effect by the end of Roe."
- ^ "US state's 'personhood' law would hit birth control: opponents" 2009-02-18 AFP
- ^ 
- ^ Facts on Induced Abortion in the United States
- ^ Centers for Disease Control and Prevention (2008-11-28). "Abortion Surveillance — United States, 2005". http://www.cdc.gov/mmwr/PDF/ss/ss5713.pdf. Retrieved 2009-01-21.
- ^ Pazol, Karen; Gamble, Sonya B.; Parker, Wilda Y.; Cook, Douglas A.; Zane, Suzanne B.; Hamdan, Saeed; Centers for Disease Control and Prevention (CDC) (November 27, 2009). "Abortion surveillance--United States, 2006". MMWR Surveill Summ 58 (8): 1–35. PMID 19940837. http://www.cdc.gov/mmwr/PDF/ss/ss5808.pdf. Retrieved 2010-06-11.
- ^ Jones, Rachel K.; Zolna, Mia R. S.; Henshaw, Stanley K.; Finer, Lawrence B. (March 2008). "Abortion in the United States: incidence and access to services, 2005". Perspect Sex Reprod Health 40 (1): 6–16. doi:10.1363/4000608. PMID 18318867. http://www3.interscience.wiley.com/cgi-bin/fulltext/119422493/PDFSTART. Retrieved 2010-06-11.
- ^ Guttmacher.org Get "In the Know": Questions About Pregnancy, Contraception and Abortion
- ^ Abortion Rate Falls, But Not Equally for All Women, Time magazine, September 23, 2008
- ^ Guttmacher Institute,"Induced Abortion Facts in Brief" (2002) (13,000 out of 1.31 million abortions in 2000 were on account of rape or incest). Retrieved via InfoPlease 2007-01-07.
- ^ Bankole et al., "Reasons Why Women Have Induced Abortions: Evidence from 27 Countries", International Family Planning Perspectives (1998). Also see Lawrence B. Finer, Lori F. Frohwirth, Lindsay A. Dauphinee, Susheela Singh, and Ann M. Moore, "Reasons U.S. Women Have Abortions: Quantitative and Qualitative Perspectives", Perspectives on Sexual and Reproductive Health, 37(3):110-118 (September 2005).
- ^ Aida Torres and Jacqueline Darroch Forrest, "Why Do Women Have Abortions", Family Planning Perspectives, 20 (4) Jul/Aug 1988, pp 169-176 (The bimonthly research journal of The Alan Guttmacher Institute): "Some 42 facilities were originally invited to participate in the study; these include six at which a relatively large number of late abortions (those at 16 or more weeks' gestation) were performed."
- ^ Bartlett LA, Berg CJ, Shulman HB, et al. (April 2004). "Risk factors for legal induced abortion-related mortality in the United States". Obstet Gynecol 103 (4): 729–37. doi:10.1097/01.AOG.0000116260.81570.60. PMID 15051566.
- ^ Trupin, Suzanne (May 27, 2010). "Elective Abortion". eMedicine. http://emedicine.medscape.com/article/252560-overview. Retrieved June 1, 2010. "At every gestational age, elective abortion is safer for the mother than carrying a pregnancy to term."
- ^ Lydia Saad (2009-05-15). "More Americans "Pro-Life" Than "Pro-Choice" for First Time". Gallup Poll. Gallup.com. http://www.gallup.com/poll/118399/more-americans-pro-life-than-pro-choice-first-time.aspx.
- ^ PDF (294 KiB), (2007-05-09). Retrieved 2007-05-27.
- ^ "Abortion" The Gallup Poll (5/21/2007) Retrieved 2007-05-28.
- ^ The New Normal on Abortion: Americans More "Pro-Life"
- ^ a b "Poll: Strong Support For Abortion Rights" (January 22, 2003). CBS News.'.' Retrieved January 11, 2007.
- ^ a b The Polling Report. (2008). Retrieved 2008-09-10.
- ^ a b c d e f "Abortion". Gallup Poll. Gallup.com. pp. 2. http://www.gallup.com/poll/1576/abortion.aspx. Retrieved 2010-05-13.
- ^ See Saad, "Americans Walk the Middle Road on Abortion," The Gallup Poll Monthly (April 2000); Gallup Poll Topics from Florida Right to Life. Retrieved 2007-01-12.
- ^ Abortion
- ^ Rubin, Allisa J. (June 18, 2000). "Americans Narrowing Support for Abortion." Los Angeles Times.'.' Retrieved January 11, 2007.
- ^ a b Public Agenda Online. (2006). Men and women hold similar views on the legality of abortion[dead link]. Retrieved January 11, 2006.
- ^ FOX News/Opinion Dynamics Poll. April 25–26, 2005: "Do you think a female under age 18 should be required by state law to notify at least one parent or guardian before having an abortion?" 78% yes, 17% no. "Do you think a female under age 18 should be required by state law to get permission or consent from at least one parent or guardian before having an abortion?" 72% yes, 22% no.
- ^ Harris Interactive, (2006-05-04). "Support for Roe vs. Wade Declines to Lowest Level Ever." Retrieved 2007-01-04. Pro-life activists have disputed whether the Harris poll question is a valid measure of public opinion about Roe's overall decision, because the question focuses only on the first three months of pregnancy. See Franz, Wanda. "The Continuing Confusion About Roe v. Wade", NRL News (June 2007). Also see Adamek, Raymond. "Abortion Polls", Public Opinion Quarterly, Vol. 42, No. 3 (Autumn, 1978), pp. 411-413.
- ^ CNN Opinion Research Poll, (2007-05-09). Retrieved 2007-05-27.
- ^ "Abortion" The Gallup Poll (5/21/2007) Retrieved 2007-05-28.
- ^ Most Who Know of Decision Agree With Supreme Court on Partial Birth Abortion Rasmussen Reports. April 22, 2007. Retrieved on April 26, 2007
- ^ Abortion and Birth Control. PollingReports.com'.' Retrieved April 26, 2007.
- ^ "Women's Health Policy Facts" (PDF). The Henry J. Kaiser Family Foundation. 2008. http://www.kff.org/womenshealth/upload/3269-02.pdf. Retrieved 2009-01-02.
- ^ a b http://www.zogby.com/search/ReadNews.dbm?ID=1060
- ^ The New York Times. http://www.nytimes.com/packages/html/politics/20040829_gop_poll/2004_gop_results.pdf.
- ^ "New National Abortion Poll Shows Majority of Americans are Pro-Life". Zogby International. 16 January 2004. Archived from the original on 2004-12-05. http://web.archive.org/web/20041205031117/http://www.zogby.com/Soundbites/ReadClips.dbm?ID=6982. Retrieved 2011-06-29.
- ^ The New York Times. http://www.nytimes.com/packages/html/politics/20040724poll/20040724_delegates_poll_results.pdf.
- ^ Gilbert, Kathleen (2009-01-20). "Obama to Immediately Abolish Mexico City Policy, Likely Fund Embryo Research, Aides Confirm". http://www.lifesitenews.com/ldn/2009/jan/09012010.html. Retrieved 2009-01-21.
- ^ GOP party platform 2008
- ^ GOP party platform 2004, p.84.
- ^ a b Republican Platform adopted at GOP National Convention August 12, 2000.
- ^ Dem Party Platform's New Abortion Language, Dem Platform's New Abortion Language (2008). cbn.com. Retrieved 2008-08-13.
- ^ The Democratic Platform for America, p.36 July 10, 2004.
- ^ Democratic National Platform August 15, 2000.
- ^ a b "Induced termination of pregnancy before and after Roe v. Wade", JAMA, 12/9/92, vol. 208, no. 22, p. 3231-3239.
- ^ Lilo T. Strauss, M.A., Joy Herndon, M.S., Jeani Chang, M.P.H., Wilda Y. Parker Sonya V. Bowens, M.S., Suzanne B. Zane, D.V.M., Cynthia J. Berg, M.D., Abortion Surveillance --- United States, 2001 (Table 19).
- ^ Calderone Mary S (1960). "Illegal Abortion as a Public Health Problem". American Journal of Public Health 50: 948. http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1373382.
- Full Text of Roe v. Wade Decision
- Interactive maps comparing U.S. abortion restrictions by state
- State Policies on Later-Term Abortions
- Planned Parenthood: Abortion
Social policy in the United States Abortion Abortion in the United States States' policiesAbortion in the US (state by state) US Supreme Court cases Federal legislation Affirmative action Affirmative action in the United States Supreme Court decisionsBrown v. Board of Education (1954) • Regents of the University of California v. Bakke (1978) • United Steelworkers v. Weber (1979) • Fullilove v. Klutznick (1980) • Wygant v. Jackson Board of Education (1986) • City of Richmond v. J.A. Croson Co. (1989) • Adarand Constructors, Inc. v. Peña (1995) • Grutter v. Bollinger (2003) • Gratz v. Bollinger (2003) • Parents v. Seattle (2007) • Ricci v. DeStefano (2009) Federal legislation and edicts State initiatives People Alcohol Alcohol policy in the United States Prohibition Related articles State laws List of alcohol laws of the United States by state States
- New Hampshire
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- Rhode Island
- South Carolina
- South Dakota
- West Virginia
Cannabis Legality of cannabis in the United States Cannabis decriminalized Medical cannabis legal Related articlesGeneralCannabis in the United States • Legal history of cannabis • Places that have decriminalized non-medical cannabis • Decriminalization of non-medical cannabisCases Death penalty Capital punishment in the United States In depthFederal Government · Military · Alabama · Arkansas · California · Colorado · Connecticut · Florida · Idaho · Indiana · Louisiana · Maine · Maryland · Massachusetts · Michigan · Mississippi · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · Ohio · Oklahoma · Oregon · Rhode Island · South Dakota · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming Lists of individuals executedAlabama · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · Florida · Georgia · Idaho · Illinois · Indiana · Kansas · Kentucky · Louisiana · Maryland · Michigan · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · Ohio · Oklahoma · Oregon · Pennsylvania · South Carolina · South Dakota · Tennessee · Texas · Utah · Virginia · Washington · Wyoming Other Gun control Same-sex marriageSame-sex marriage status in the United States by state - Same-sex marriage law in the United States by state - Defense of Marriage Act - Marriage Protection Act - State amendments banning same-sex unions Same-sex unions in the United States Same-sex marriage legalized: Same-sex marriage recognized,
but not performed:
Civil union or domestic partnership legal: Same-sex marriage prohibited by statute: Same-sex marriage prohibited
by constitutional amendment:
All types of same-sex unions prohibited
by constitutional amendment:
Recognition of same-sex unions undefined
by statute or constitutional amendment:American Samoa - Guam - New MexicoNotes:
*All out-of-state same-sex marriages are given the benefits of marriage under California law, although only those performed before November 5, 2008, are granted the designation "marriage".
# California's ban on same-sex marriage remains in limbo following a federal case finding the ban unconstitutional, which is stayed pending appeal to the Court of Appeals for the Ninth Circuit.
Other issues Abortion in North America Sovereign states Dependencies and
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