The issue of abortion is notoriously controversial. Since the Supreme Court’s 1992 ruling in Casey v. Planned Parenthood, states have enacted different restrictions on the procedure. These restrictions vary from state to state. Nineteen states currently have laws prohibiting partial-birth abortion, and forty-one states strictly prohibit abortions except in cases of life-endangerment. One particularly incendiary area of abortion law is that of public funding. However, as of this year there are only seventeen states that cover abortion procedures through public funding. In this paper we will discuss federal abortion legislation, while describing the laws and political ideologies of the following states: Texas, California, New York and Florida. First, however, it is important to understand the history surrounding abortion laws in the states.
The Brief History of State Abortion Laws
Long before Roe v. Wade, states had established their own laws on abortion. The earliest recorded legal restriction on abortion was enacted in 1820 in the state of Connecticut. This law banned abortions through the intake of toxic substances, and was in place for 112 years. The law was ruled unconstitutional in a three-to-one decision by the Supreme Court in April of 1972 (Gazette). In 1967 Colorado was the first state to legalize abortion in cases where the life of the mother was not at risk. Among the states that followed were Hawaii and New York. However, it was during the Women’s Rights Movement that the abortion debate came to its boiling point.
During the late 60’s and 70’s, activists viewed abortion to be not only a medical procedure, but a symbol of a woman’s right to choose. One e...
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... Emily. "CDC Releases Texas Abortion Stats." CDC Releases Texas Abortion Stats |
The Texas Tribune. The Texas Tribune, 24 Feb. 2011. Web. 12 Nov. 2013.
“State Facts About Abortion: Texas.” State Facts About Abortion: Texas. Guttmacher Institute,
2013. Web. 9 Nov. 2013.
[11] "State Facts About Abortion: California." State Facts About Abortion: California. Guttmacher Institute, n.d. Web. 21 Nov. 2013.
"Statutes & Constitution:View Statutes : Online Sunshine." Www.leg.state.fl.us. Florida State
Legislature, 26 Nov. 2013. Web. 26 Nov. 2013.
Tomlinson, Chris. "Correction: Texas Abortion Restrictions-Lawsuit." San Antonio Express-
News. The Associated Press, n.d. Web. 19 Nov. 2013.
[12] Wetzstein, Cheryl. "California Bucks Trend on Abortion Restrictions." The Washingtion Times. The Washington Times, 14 Oct. 2013. Web. 16 Nov. 2013.
In Lucinda Almond’s book, “The Abortion Controversy”, she gives us an excellent resource for research and debatable topics that will rouse students interested in the contemporary and controversial topic of abortion. Her book also allows us to explore many of the social, political, and economic controversies over
"Background on Abortion." OnTheIssues.org - Candidates on the Issues. On The Issues.org. Web. 23 July 2011. .
New York was the only state out of these not requiring any source of residency, so many women traveled to this state to get a legal abortion. However, this option was only available to a small number of women who could afford traveling expenses and finding a place to stay.
When looking at the development of abortion policy, it is clear that it has always been a subject of controversy. Campaigns for the legalisation of...
Palmer, Louis J. Encyclopedia of Abortion in the United States McFarland & Company, Inc. 2002
In the absence of an agreement determining when life begins, state sovereignty has allowed state legislators the authority to shape a state’s policy on abortion. Thus, what has occurred across the United States is the ability for states to enact legislation which places severe limitations on when and how a pregnancy may be te...
In 1965, almost 300 deaths occurred due to illegal abortions, and of all pregnancy-related complications in New York and California, 20% were due to abortions. "If the US Supreme Court found constitutional grounds to extend the birth control cases' logic that women's bodies belonged to the women themselves, the concept of choice would become a core value in constitutional law" (Hull & Hoffer).
In 1950, an estimated 200,000 to 1.3 million illegal abortions were performed (Dyer par. 3). However, illegal abortions were very unsanitary and dangerous, so many women died as a result. In the 1970’s, around the time of Roe vs. Wade, women’s rights movements were being staged around the country. Women were demanding equality in all aspects of life. Many women’s rights groups were formed to protest their demands for equal rights and change. During the second half of the 20th century a sexual revolution began in the U.S. and the public pressured states to ease abortion laws. Some states acknowledged the public, and eased abortion restrictions. However, many states such as Texas didn’t ease abortion restrictions. Some women were fortunate enough to travel outside their state to have an abortion, but many poor women couldn’t afford to. This raised more questions about equality. Government interference in sexual matters was being highly questioned around the time of Roe vs. Wade, with the concept of privacy. Many women believed they should have an unrestricted right to an abortion. The Supreme Court had already decided on cases that might provide reason to rule against anti abortion
Three Works Cited Many people believe abortion is only a moral issue, but it is also a constitutional issue. It is a woman's right to choose what she does with her body, and it should not be altered or influenced by anyone else. This right is guaranteed by the ninth amendment, which contains the right to privacy. The ninth amendment states: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This right guarantees the right to women, if they so choose, to have an abortion, up to the end of the first trimester.
Abortion cannot be discussed unless you know the origin of the debate. In December 13, 1971, the argument of abortion surfaced (“Roe v. wade,”). The class action suit was brought by a pregnant single woman who challenged the constitutionality of the Texas criminal abortion laws, which proscribe or attempting an abortion except on medical advice for the purpose of saving the mother’s life (“Roe v. wade,”). Proceeding Roe v. Wade, abortion was illegal in almost every State. In 1973, the courts ruled and abortion became legal again.
The debate of abortion continues to be a controversial problem in society and has been around for many decades. According to Jone Lewis, “In the United States, abortion laws began to appear in the 1820’s, forbidding abortion after the fourth month of pregnancy” (1). This indicates that the abortion controversy has been debated far back into American history. Beginning in the 1900’s, legalized abortion became a major controversy. In 1965, all fifty states in the United States banned abortion; however, that was only the beginning of the controversy that still rages today (Lewis 1). After abortion was officially banned in the United States, groups such as the National Abortion Rights Action League worked hard on a plan to once again legalize abortion in the United States (Lewis 1). It wasn’t until 1970 when the case of Roe (for abortion) v. Wade (against abortion) was brought...
Rationale for banning abortions late in pregnancy. Journal of the American Medical Association, 744-747, 1998. Guttmacher Institute. State Policies on Later-Term Abortions. State Policies in Brief.
The permissibility of abortion has been a crucial topic for debates for many years. People have yet to agree upon a stance on whether abortion is morally just. This country is divided into two groups, believers in a woman’s choice to have an abortion and those who stand for the fetus’s right to live. More commonly these stances are labeled as pro-choice and pro-life. The traditional argument for each side is based upon whether a fetus has a right to life. Complications occur because the qualifications of what gives something a right to life is not agreed upon. The pro-choice argument asserts that only people, not fetuses, have a right to life. The pro-life argument claims that fetuses are human beings and therefore they have a right to life. Philosopher, Judith Jarvis Thomson, rejects this traditional reasoning because the right of the mother is not brought into consideration. Thomson prepares two theses to explain her reasoning for being pro-choice; “A right to life does not entail the right to use your body to stay alive” and “In the majority of cases it is not morally required that you carry a fetus to term.”
There are variables that could affect her choice. She could be poor, the child could have a birth defect, and so on. Giving her a right to decide whether she should abort the baby, it’s entirely her choice. What if the mother was raped or she got pregnant from incest? Would you traumatise this mother with the child of the rapist for 9 months, and would you allow an inbred child that will most likely have a disability and be put through literal hell?