A Legal History of Abortion in America

 

A.    ≤ 1900
1. Ancient Law (5th BC-4th Cent. AD) Ancient Greeks via Aristotle thought of the “soul” as “mover” of the body. This substance dualist view treated the quickening as the point at which distinctly human life begins. Abortion is taboo/ condemned in several ancient sources (Sibyline Oracles [6th BC], Hippocratic Oath [5th cent. BC], Sentences of Pseudo-Phocylides [50BC-50AD], 1st Enoch 1–2 cent BC, Josephus [1st cent. AD].
2. Medieval Law (5th-16th cent.) the quickening view dominates as it’s widely agreed upon among Christian, Jewish and Muslim thinkers (though it’s not universal).
3. British Common Law (17th-mid. 18th century) Abortion is legal in all states prior to the quickening, as fetology at the time was not clear about when human life began. It was widely thought life began only when mother detects fetal movement, although, abortion was still considered taboo even before the quickening *This view is disputed by Marvin Olasky (Abortion Rites). His original sourcing shows enough exceptions to raise a stiff challenge to this widely held view about British Common Law.

 

B.  20th Century
1. Lochner v New York (1905) NY Worker’s Union case. Court ruled for individual liberty on basis of “substantive due process.” This ruling was decried by later Supreme Court verdicts (1937>) for reading economic theories into the constitution; instead, civil rights are the more proper domain for these kinds of rulings.
2. State courts (1850-1960) All states pass laws banning abortion. A common exception is in case of mortal threat to the mother.
3. Sherri Finkbine (1962) Unwittingly taking Thalidomide (A.K.A., “monster maker”), Finkbine carries a deformed child in utero. Seeking legal abortion she’s denied in U.S. raising sympathy for abortion in the U.S.
4. State Courts (1962-1973) 17 states pass/amend laws opening abortion to cases of rape, health risks, and fetal damage. Four states, AK, HI,NY,WA, allow it at woman’s and doctor’s discretion. Only PA kept full abortion ban.
5. Griswold v Conn. (1964) Married couples have a right to use contraceptives. Privacy is an implied constitutional right.
6. Eisenstadt v Baird (1971) Singles (non-married & non-couples) have right to contraceptives. Right to privacy is extended.
7. Roe v Wade (1-22-1973) Legalized Abortion on demand by way of right to privacy. Fetus’s are declared “non-persons,” not covered by the 14th Amendment of the Constitution.
8. Doe v Bolton (1-22-1973) Expands abortion legally to include any distress as a health reason, incl. “Psych. Distress”
9. Planned Parenthood v Danforth (7-1-1976) Supreme court overturns a Missouri law requiring husband’s consent for abortion.
10. Beal v Doe (1-11-1977) States aren’t required to pay for non-therapeutic (medically unnec.) abortions by Medicaid
11. Belotti v Baird (7-2-1979) MA ruling striking down parental consent
12. Harris v McRae (6-30- 1980) Supreme court upholds Hyde Amendment (Social Securities act) restricting Medicaid funding for abortion to cases of life endangerment, rape, or incest.
13. H.L. v Matheson (3-23-1981) States may require doctors to inform the parents of a teenager’s planned abortion.
14. Thornburgh v Amer. Coll. Of Obst. & Gyn. (6-11.1986) Supreme court strikes down the PA Abortion Control Act (1982) which required two consenting doctor’s opinions and reading of informational packets before abortion would be granted.
15. Webster v Reproductive Health Services (7-3-1989) Affirmed that, “The life of each human being begins at conception.” States have regulatory rights but can’t outlaw abortion. These include banning use of public facilities and employees to perform abortions. Also states must test for viability at 24 weeks of gestation.
16.  Hodgson v MN (6-25-1990) Minnesota law is upheld requiring parental consent for abortion.
17.  Planned Parenthood v Casey (6-29-1992) State rights extended to include making laws requiring counsel, parental consent, and waiting periods so long as they do not involve “undue burden” or “substantial obstacle” to the mother.

 

C.    21st Century
1. Stenberg v Carhart (6-28- 2000) Nebraska ban on partial birth abortion is struck down invalidating similar laws in 30 other states.
2. Partial-Birth Abortion Act (11-5-2003) GW Bush signs law prohibiting certain abortion procedures, namely, partial birth abortion.
3. McCorvey v Hill (2-22-2005) Norma McCorvey (Jane Roe) sought to overturn the ruling of Roe v. Wade. The Supreme Court upheld the decision of Roe v. Wade.
4. Gonzalez v Carhart, & v Planned Parent. (4-18-2007) The ban on partial birth abortion is upheld, departing from past rulings that struck down any such bans if they did not carry exceptions for protecting women’s health (generally).
5. Ultrasound Act (2007-pending) Passed in various forms in 12 states. This act requires ultrasound before giving an abortion.
6. Protect Life Act (10-13-2011) Prevents federally funded hospitals from having to provide abortions and prevents insurance providers from covering abortions.
7. Pain Capable Unborn Child Protection act (2012) Passed in several states including GA, NE, AL, KS, and ID banning abortion after the 20th week of pregnancy but it’s allowed if the mother’s life is in danger.
8. Arkansas Human Heartbeat Protection act (1-31-2013) Arkansas law which states that a test must be done and if a fetal heartbeat is detectable the abortion cannot be done. Puts fetal protection between 6 and 12 weeks.
9. Human Heartbeat Detection Act (3-27- 2013) North Dakota law which states the child cannot be aborted once fetal heartbeat is detectable and identifies this as 6 weeks. Most time/development restrictions set the cut-off at 20 wks or later.
10. Gosnell vs. PA (5-13-2013) Kermit Gosnell convicted of 3 counts of murder aborting late term babies ex utero. Touted as an ex. of media bias: He is the most prolific mass murdered in US history yet major media barely reported it
11. Born Alive Bill (4-30-2013) Bill passes in FL protecting babies against infanticide who were born alive in botched abortions.
12. HB2/SB5 Omnibus Abortion Bill (7-13-2013) TX abortion bill passed which banned most abortions after 20 wks, requires oversight for the 2nd dose of RU486. Also requires abortion service providers to have admitting privileges with a local hospital and to meet certification requirements for emergency care. Allegedly, its implementation would close all but 8 providers in TX. It’s currently being litigated federally.
13. Fetal Dismemberment Bill (4-17-2015) Bill passed in Kansas which bans dismemberment abortions (typical of 2nd and 3rd trimester).

 

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About intelligentchristianfaith

Married man. Teacher. Theologian. Philosopher. Workout nut. Prefer cats to dogs. Coffee buff. Transplant to Texas. Carolina Panthers fan. Perpetually pursuing the world's best burger.
This entry was posted in Abortion Cases, Abortion Laws, Abortion Practices, Contraception Practices, Terms and Definitions and tagged . Bookmark the permalink.

One Response to A Legal History of Abortion in America

  1. Pingback: A Legal History of Abortion in America | World4Justice : NOW! Lobby Forum.

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