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Abortion in Nevada

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Abortion in Nevada is legal within 24 weeks since fertilization, under the Nevada Revised Statutes chapter 442, section 250; and after 24 weeks if the pregnancy could be fatal for the pregnant woman.[1] 62% of adults said in a poll by the Pew Research Center that abortion should be legal while 34% said it should by illegal in all or most cases. Legislation by 2007 required informed consent. Attempts were successfully made to pass abortion legislation in May 2019, being pushed through a largely Democratic controlled state legislature. The number of abortion clinics in Nevada has declined over the years, with 25 in 1982, seventeen in 1992 and thirteen in 2014. There were 8,132 legal abortions in 2014, and 7,116 in 2015.

State funding could be used to fund abortions in case of risk of life to the mother, rape or incest but no such funding was used in 2010. There are active abortion rights and anti-abortion rights activists in the state.

Terminology

Main article: Abortion
See also: Definitions of abortion

The abortion debate most commonly relates to the "induced abortion" of a pregnancy, which is also how the term is used in a legal sense.[note 1] Some also use the term "elective abortion", which is used in relation to a claim to an unrestricted right of a woman to an abortion, whether or not she chooses to have one. The term elective abortion or voluntary abortion describes the interruption of pregnancy before viability at the request of the woman, but not for medical reasons.[2]

Anti-abortion advocates tend to use terms such as "unborn baby", "unborn child", or "pre-born child",[3][4] and see the medical terms "embryo", "zygote", and "fetus" as dehumanizing.[5][6] Both "pro-choice" and "pro-life" are examples of terms labeled as political framing: they are terms which purposely try to define their philosophies in the best possible light, while by definition attempting to describe their opposition in the worst possible light. "Pro-choice" implies that the alternative viewpoint is "anti-choice", while "pro-life" implies the alternative viewpoint is "pro-death" or "anti-life".[7] The Associated Press encourages journalists to use the terms "abortion rights" and "anti-abortion".[8]

Nevada Revised Statutes defines abortion as "termination of a human pregnancy with an intention other than to produce the birth of an infant capable of sustained survival by natural or artificial supportive systems or to remove a dead fetus." (Chapter 442, Section 240).[9]

Context

See also: Abortion in the United States

Free birth control correlates to teenage girls having a fewer pregnancies and fewer abortions. A 2014 New England Journal of Medicine study found such a link.  At the same time, a 2011 study by Center for Reproductive Rights and Ibis Reproductive Health also found that states with more abortion restrictions have higher rates of maternal death, higher rates of uninsured pregnant women, higher rates of infant and child deaths, higher rates of teen drug and alcohol abuse, and lower rates of cancer screening.[10]

According to a 2017 report from the Center for Reproductive Rights and Ibis Reproductive Health, states that tried to pass additional constraints on a women's ability to access legal abortions had fewer policies supporting women's health, maternal health and children's health.  These states also tended to resist expanding Medicaid, family leave, medical leave, and sex education in public schools.[11] According to Megan Donovan, a senior policy manager at the Guttmacher Institute, states have legislation seeking to protect a woman's right to access abortion services have the lowest rates of infant mortality in the United States.[11]

History

Legislative history

In 1990, Nevada voters approved Question 7 to affirm statute Nevada Revised Statutes Chapter 442, section 250 (which permits abortion up to 24 weeks gestation) by 63.5 percent of the vote.[12] With the affirmation, the Nevada Legislature may not in any way alter that statute, unless it is first repealed by the state voters in a direct vote.[13]

The state was one of 10 states in 2007 to have a customary informed consent provision for abortions.[14] In August 2018, the state had a law to protect the right to have an abortion.[15]

As of May 14, 2019, the state prohibited abortions after the fetus was viable, generally some point between week 24 and 28. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling.[16] Florida, Nevada, and New York had laws prohibiting abortions after 24 weeks.[17][18] This law was still in place as of mid-May 2019.[19][18] The law also required that abortions be done by licensed physicians. In situations where abortions take place after 24 weeks, the law said that the procedure needed to take place at a licensed hospital.[18][20]

SB 179, which would decriminalize medicated abortions, was scheduled to be voted on in late May 2019.[18] It passed the House 27–13, with only one Democrat voting against it.[21] Other revisions under the new law in May 2019 included abortion providers not longer needing to tell women of the "emotional implications" of having an abortion.[22] Trust Nevada Women Act, SB 179, was signed into law by Democratic Governor Steve Sisolak on May 31, 2019. In signing the bill, he said, "Nevada has a long history of trusting the women of our state to make their own reproductive health care decisions and protecting the right to reproductive freedom." The new law made several changes to existing abortion laws in the state, including decriminalizing the performing of abortion procedures, and removing informed consent laws that said doctors needed to tell women of the "emotional implications" in having an abortion and what women should do after the procedure to avoid post-op complications; the latter was changed to require doctors to "describe the nature and consequences of the procedure" of abortion to women getting abortions. The law also meant doctors no longer had to collect data about women getting abortions related to their marital status and age. In addition, Senate Bill 94 allocated $6 million to be spent statewide for grants to family planning organizations.[23][22]

Judicial history

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester.[24] However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) later in 2022.[25][26]

Clinic history

Number of abortion clinics in Nevada by year
See also: Abortion clinic

Between 1982 and 1992, the number of abortion clinics in the state decreased by eight, going from 25 in 1982 to 17 in 1992.[27] In 2014, the state had thirteen facilities that provided abortions, of which eight were abortion clinics.[28][29] In 2014, 88% of the counties in the state did not have an abortion clinic. That year, 9% of women in the state aged 15–44 lived in a county without an abortion clinic.[15] In 2017, there were three Planned Parenthood clinics, of which two offered abortion services, in a state with a population of 668,173 women aged 15–49.[30]

Statistics

In 1990, 149,000 women in the state faced the risk of an unintended pregnancy.[27] Between 2011 and 2014, the state saw a decrease of 6% in the number of abortions performed in the state.[29] In 2014, 62% of adults said in a poll by the Pew Research Center that abortion should be legal while 34% said it should be illegal in all or most cases.[31] In 2017, the state had an infant mortality rate of 5.8 deaths per 1,000 live births.[11]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[32]
Census division and state Number Rate % change 1992–1996
1992 1995 1996 1992 1995 1996
US Total 1,528,930 1,363,690 1,365,730 25.9 22.9 22.9 –12
Mountain 69,600 63,390 67,020 21 17.9 18.6 –12
Arizona 20,600 18,120 19,310 24.1 19.1 19.8 –18
Colorado 19,880 15,690 18,310 23.6 18 20.9 –12
Idaho 1,710 1,500 1,600 7.2 5.8 6.1 –15
Montana 3,300 3,010 2,900 18.2 16.2 15.6 –14
Nevada 13,300 15,600 15,450 44.2 46.7 44.6 1
New Mexico 6,410 5,450 5,470 17.7 14.4 14.4 –19
Utah 3,940 3,740 3,700 9.3 8.1 7.8 –16
Wyoming 460 280 280 4.3 2.7 2.7 –37
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
Location Residence Occurrence % obtained by

out-of-state residents

Year Ref
No. Rate^ Ratio^^ No. Rate^ Ratio^^
Nevada 13,300 44.2 1992 [32]
Nevada 15,600 46.7 1995 [32]
Nevada 15,450 44.6 199 [32]
Nevada 7,870 13.9 219 8,132 14.4 227 3.9 2014 [33]
Nevada 6,760 11.8 186 7,116 12.4 196 5.5 2015 [34]
Nevada 6,873 11.9 190 7,284 12.6 201 5.9 2016 [35]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion financing

In 2010, the state had zero publicly funded abortions.[36] The law as of May 1, 2018, said that potential danger to the life of the mother, pregnancy as a result of rape or incest were the only reasons that state funding could be used by women seeking abortions.[29]

SB 94 was passed in June 2019 in the final days of the legislative session. US$6 million was allocated as part of the bill to fund reproductive assistance measures in the state through family planning grants.  Money could be used by eligible organizations for a wide variety of uses including immunizations, birth control, emergency contraception, and male sterilization surgery. It did not cover abortions. This money was intended to assist low income women and women living in largely rural areas.[37]

Abortion rights views and activities

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[38]

Abortion rights protesters were at the Nevada Capitol Building with signs to support the passage of SB 179, including pink signs that said "protect safe, legal abortion".[39]

Views

Legislation co-sponsor Democratic Senator Yvanna Cancela said of the SB 94's passage, "When the rest of the country may feel hopeless, may feel bleak, they should look to Nevada as the shining beacon that we are for women's rights."[39]

Anti-abortion views and activities

Views

Following the passage of the May 2019 legislation SB 94, Republican Assemblywoman Alexis Hansen said, "This bill is a slippery slope that (will) leave women and children less informed and more susceptible to exploitation."[39]

Violence

Rachelle "Shelley" Shannon attempted to set fires at abortion clinics in Oregon, California, Idaho and Nevada during the late 1980s and early 1990s and eventually plead guilty for these cases of arson.  In 1993, she would be found guilty of attempted murder of Dr. George Tiller in 1993 at his Wichita, Kansas clinic.[40]

Footnotes

  1. ^ 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 judgement 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 judgement, for the preservation of the life or health of the mother.

    Likewise, Black's Law Dictionary defines abortion as "knowing destruction" or "intentional expulsion or removal".

References

  1. ^ "NRS: CHAPTER 442 - MATERNAL AND CHILD HEALTH; ABORTION". www.leg.state.nv.us. Retrieved 2021-09-02.
  2. ^ Watson, Katie (20 Dec 2019). "Why We Should Stop Using the Term "Elective Abortion"". AMA Journal of Ethics. 20 (12): E1175-1180. doi:10.1001/amajethics.2018.1175. PMID 30585581. Retrieved 17 May 2019.
  3. ^ Chamberlain, Pam; Hardisty, Jean (2007). "The Importance of the Political 'Framing' of Abortion". The Public Eye Magazine. 14 (1).
  4. ^ "The Roberts Court Takes on Abortion". New York Times. November 5, 2006. Retrieved January 18, 2008.
  5. ^ Brennan 'Dehumanizing the vulnerable' 2000
  6. ^ Getek, Kathryn; Cunningham, Mark (February 1996). "A Sheep in Wolf's Clothing – Language and the Abortion Debate". Princeton Progressive Review.
  7. ^ "Example of "anti-life" terminology" (PDF). Archived from the original (PDF) on 2011-07-27. Retrieved 2011-11-16.
  8. ^ Goldstein, Norm, ed. The Associated Press Stylebook. Philadelphia: Basic Books, 2007.
  9. ^ "NRS: CHAPTER 442 - MATERNAL AND CHILD HEALTH; ABORTION". www.leg.state.nv.us. Retrieved 2021-09-02.
  10. ^ Castillo, Stephanie (2014-10-03). "States With More Abortion Restrictions Hurt Women's Health, Increase Risk For Maternal Death". Medical Daily. Retrieved 2019-05-27.
  11. ^ a b c "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved 2019-05-25.
  12. ^ "Nevada Abortion Statute Referendum, Question 7 (1990)". Ballotpedia. Retrieved 2021-09-02.
  13. ^ "Statute affirmation". Ballotpedia. Retrieved 2021-09-02.
  14. ^ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  15. ^ a b businessinsider (2018-08-04). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Archived from the original on 2019-05-24. Retrieved 2019-05-24. {{cite web}}: |last= has generic name (help)
  16. ^ Lai, K. K. Rebecca (2019-05-15). "Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year". The New York Times. ISSN 0362-4331. Retrieved 2019-05-24.
  17. ^ "Abortion Laws". Findlaw. Retrieved 2019-05-23.
  18. ^ a b c d "Are there *any* states working to protect abortion rights?". Well+Good. 2019-05-17. Retrieved 2019-05-25.
  19. ^ Tavernise, Sabrina (2019-05-15). "'The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It". The New York Times. ISSN 0362-4331. Retrieved 2019-05-24.
  20. ^ "NRS: Chapter 442 - Maternal and Child Health; Abortion". www.leg.state.nv.us. Retrieved 2019-05-25.
  21. ^ "Text-Only NPR.org : Nevada Law Removing Abortion Restrictions Passes State Assembly". text.npr.org. Retrieved 2019-05-28.
  22. ^ a b Kelly, Caroline (22 May 2019). "Nevada passes bill to no longer require doctors to tell women the 'emotional implications' of an abortion". CNN. Retrieved 2019-05-28.
  23. ^ Veronica Stracqualursi and Chris Boyette (June 2019). "Illinois and Nevada approve abortion rights bills that remove long-standing criminal penalties". CNN. Retrieved 2019-06-02.
  24. ^ Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66: 1774–1831.
  25. ^ de Vogue, Arinne (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  26. ^ Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  27. ^ a b Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. Diane Publishing. ISBN 9780788174810.
  28. ^ Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved 2019-05-23.{{cite web}}: CS1 maint: multiple names: authors list (link)
  29. ^ a b c "State Facts About Abortion: Nevada". Guttmacher Institute. 2016-01-26. Retrieved 2019-05-28.
  30. ^ "Here's Where Women Have Less Access to Planned Parenthood". Retrieved 2019-05-23.
  31. ^ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved June 27, 2022.
  32. ^ a b c d "Abortion Incidence and Services in the United States, 1995-1996". Guttmacher Institute. 2005-06-15. Retrieved 2019-06-02.
  33. ^ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66 (24): 1–48. doi:10.15585/mmwr.ss6624a1. ISSN 1546-0738. PMC 6289084. PMID 29166366.
  34. ^ Jatlaoui, Tara C. (2018). "Abortion Surveillance — United States, 2015". MMWR. Surveillance Summaries. 67 (13): 1–45. doi:10.15585/mmwr.ss6713a1. ISSN 1546-0738. PMC 6289084. PMID 30462632.
  35. ^ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi:10.15585/mmwr.ss6811a1. ISSN 1546-0738. PMID 31774741.
  36. ^ "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
  37. ^ Benavidez, Gabriella. "Gov. Sisolak to sign bills to decriminalize abortion, fund family planning services". FOX5 Las Vegas. Retrieved 2019-06-06.
  38. ^ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved 2019-05-25.
  39. ^ a b c Tarinelli, Ryan. "Nevada lawmakers close to repealing tough abortion rules". chicagotribune.com. Retrieved 2019-06-06.
  40. ^ Jacobson, Mireille; Royer, Heather (December 2010). "Aftershocks: The Impact of Clinic Violence on Abortion Services". American Economic Journal: Applied Economics. 3: 189–223. doi:10.1257/app.3.1.189.
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