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Alaska, Hawaii, California and New York were the only four states that made abortion legal between 1967 and 1970 that did not require a reason to request an abortion.<ref>{{Cite journal|last=Willke|first=J.C.|date=September 1992|title=Very few illegal abortion deaths|url=https://doi.org/10.1016/S0002-9378(11)91601-9|journal=American Journal of Obstetrics and Gynecology|volume=167|issue=3|pages=854|doi=10.1016/s0002-9378(11)91601-9|issn=0002-9378|via=}}</ref>
Alaska, Hawaii, California and New York were the only four states that made abortion legal between 1967 and 1970 that did not require a reason to request an abortion.<ref>{{Cite journal|last=Willke|first=J.C.|date=September 1992|title=Very few illegal abortion deaths|url=https://doi.org/10.1016/S0002-9378(11)91601-9|journal=American Journal of Obstetrics and Gynecology|volume=167|issue=3|pages=854|doi=10.1016/s0002-9378(11)91601-9|issn=0002-9378|via=}}</ref>

In 2002, California passed a law that said, “the state may not deny or interfere with a woman’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman.”<ref>{{Cite web|url=https://codes.findlaw.com/ca/health-and-safety-code/hsc-sect-123462.html|title=California Code, Health and Safety Code - HSC § 123462|website=Findlaw|language=en-US|access-date=2019-05-25}}</ref><ref>{{Cite web|url=https://www.wellandgood.com/good-advice/abortion-law-by-state/|title=Are there *any* states working to protect abortion rights?|date=2019-05-17|website=Well+Good|language=en|access-date=2019-05-25}}</ref>


State law in 1971 required that any woman getting a legal abortion in the state needed to be a resident for some specific period between 30 and 90 days.<ref name=":0" /><br />The state was one of 10 states in 2007 to have a customary informed consent provision for abortions.<ref>{{Cite web|url=https://www.guttmacher.org/sites/default/files/graphics/gpr1004/gpr100406t1.pdf|title=STATE POLICY ON INFORMED CONSENT FOR ABORTION|last=|first=|date=Fall 2007|website=Guttmacher Policy Review|archive-url=|archive-date=|dead-url=|access-date=May 22, 2019}}</ref>
State law in 1971 required that any woman getting a legal abortion in the state needed to be a resident for some specific period between 30 and 90 days.<ref name=":0" /><br />The state was one of 10 states in 2007 to have a customary informed consent provision for abortions.<ref>{{Cite web|url=https://www.guttmacher.org/sites/default/files/graphics/gpr1004/gpr100406t1.pdf|title=STATE POLICY ON INFORMED CONSENT FOR ABORTION|last=|first=|date=Fall 2007|website=Guttmacher Policy Review|archive-url=|archive-date=|dead-url=|access-date=May 22, 2019}}</ref>

Revision as of 18:11, 25 May 2019

Abortion in California is legal.

Terminology

Main article: Abortion

The abortion debate most commonly relates to the "induced abortion" of an embryo or fetus at some point in 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.[1]

Anti-abortion advocates tend to use terms such as "unborn baby", "unborn child", or "pre-born child",[2][3] and see the medical terms "embryo", "zygote", and "fetus" as dehumanizing.[4][5] 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".[6] Some right-to-lifers use the term "pro-abort" to refer to pro-choice organizations and individuals.[7] The Associated Press encourages journalists to use the terms "abortion rights" and "anti-abortion".[8]


History

Alaska, California, and New Hampshire did not voluntarily provide the Center for Disease Control with abortion related data in 2000.[9]

In 2001, Alaska, California and New Hampshire  did not provide any abortion related data to the Centers for Disease Control.[10]

In 2014, 57% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[11]

Legislative history

In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens.[12]

By 1950, the state legislature would pass a law that stating that a woman who had an abortion or actively sought to have an abortion regardless of whether she went through with it were guilty of a criminal offense.[12]

In 1962, the American Law Institute published their model penal code as it applied to abortions with three circumstances where they believed a physician could justifiably perform an abortion, "If ... there is substantial risk that the continuance of the pregnancy would gravely impair the physical or mental health of the mother or that the child would be born with grave physical or mental defect, or that the pregnancy resulted from rape, incest, or other felonious intercourse."  In 1967, California adopted a form of this into law but did not allow an exception for birth defects.[13]

California amended its abortion law in 1967 to address the disconnect between legal and medical justifications for therapeutic exceptions. This change made them one of the most progressive states in the country when it came to abortion rights. The bill was signed into law by Governor Ronald Reagan after the legislature removed as a reason for abortion that a child had severe physical deformities.[12]

Alaska, Hawaii, California and New York were the only four states that made abortion legal between 1967 and 1970 that did not require a reason to request an abortion.[14]

In 2002, California passed a law that said, “the state may not deny or interfere with a woman’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman.”[15][16]

State law in 1971 required that any woman getting a legal abortion in the state needed to be a resident for some specific period between 30 and 90 days.[12]
The state was one of 10 states in 2007 to have a customary informed consent provision for abortions.[17]

Based on a report prepared by NARAL Pro-Choice America, which alleged that Crisis Pregnancy Centers (CPCs) were providing misleading and inaccurate information,[18] the California Legislature passed the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act (AB-755) in October 2015. It required any licensed healthcare facility that provided care services related to pregnancies to post a notice that stated "California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women." The law set provisions where this notice was to be posted and established civil fines if facilities did not comply.[19] The Act required unlicensed facilities which offered certain pregnancy-related services to post a notice stating: "This facility is not licensed as a medical facility by the State of California and has no licensed medical provider who provides or directly supervises the provision of all of the services, whose primary purpose is providing pregnancy-related services."[20]

In August 2018, the state had a law to protect the right to have an abortion.[21]

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.[22]

Judicial history

In 1969, the California Supreme Court ruled in favor of abortion rights after hearing an appeal launched by  Dr. Leon Belous, who had been convicted of referring a woman to someone who could provide her with an illegal abortion.[23]

In 1969, California's abortion law was declared unconstitutional in People v. Belous because it was vague and denied people due process.[13]

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.[12]

CPCs and the Pacific Justice Institute filed lawsuits challenging the constitutionality of the Reproductive FACT Act. The CPCs asserted that the law's requirements constituted compelled speech in violation of their rights to freedom of speech and free exercise of religion under the First Amendment.[24] Among these was a lawsuit filed in the U.S. District Court for the Southern District of California by the National Institute of Family and Life Advocates (NIFLA) who represented over 100 CPCs in California. NIFLA sought a preliminary injunction to prevent the Reproductive FACT Act from coming into force on January 1, 2016, while the lawsuit continued. The Court denied the motion for a preliminary injunction in February 2016. NIFLA appealed from the denial of the preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit in June 2016, which affirmed the judgment of the District Court in a unanimous decision authored by Judge Dorothy W. Nelson, joined by Judges A. Wallace Tashima and John B. Owens.[25]

Clinic history

In 2014, there were 152 abortion clinics in the state.[26] In 2014, 43% of the counties in the state did not have an abortion clinic. That year, 5% of women in the state aged 15 - 44 lived in a county without an abortion clinic.[21]

In March 2016, there were 114 Planned Parenthood clinics in the state.[27]

In 2017, there were 110 Planned Parenthood clinics in a state with a population of 9,384,526 women aged 15 - 49 of which 93 offered abortion services.[28]

As of 2017, California, Oregon, Montana, Vermont, and New Hampshire allow qualified non-physician health professionals, such as physicians' assistants, nurse practitioners, and certified nurse midwives, to do first-trimester aspiration abortions and to prescribe drugs for medical abortions.[29]

Illegal abortion deaths and injuries

In the period between 1972 and 1974, there was only 1 illegal abortion death in California.[30]

In 1968, 701 women were admitted to one Los Angeles hospital alone for septic abortions, making the ratio of septic abortions to live births approximately 1 to 14.[31]

Abortion financing

17 states including this one use their own funds to cover all or most "medically necessary" abortions sought by low-income women under Medicaid, 13 of which are required by State court orders to do so.[32]

In 2010, the state had 88,466 publicly funded abortions, of which were 0 federally and 88,466 were state funded.[33]


Maternal and infant health

In 2017, the state had an infant mortality rate of 4.2 deaths per 1,000 live births.[34]

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.[34]

Intersections with religion and religious figures

In 1990, John Cardinal O'Connor of New York suggested that, by supporting abortion rights, Catholic politicians who were pro-choice risked excommunication. The response of Catholic pro-choice politicians to O'Connor's comment was generally defiant. Congresswoman Nancy Pelosi asserted that, "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."[35]

Politicians who have been targeted in such controversies include Lucy Killea,[36] Mario Cuomo,[37] John Kerry,[38] Rudy Giuliani,[39] and Joe Biden.[40] California's Killea's case was the first recorded.[36]

Abortion rights activities

The Society for Human Abortion was founded in 1963 in San Fransisco.  They sought to challenge laws around abortion by openly providing contraceptive and abortion services.[23]

#StopTheBans was created in response to 6 states passing legislation in early 2019 that would almost completely outlaw abortion.  Women wanted to protest this activity as other state legislatures started to consider similar bans as part of a move to try to overturn Roe v. Wade.  At least one protest as part of #StopTheBans took place in the state.[41]

Anti-abortion activities and views

Protest outside clinic in the Bay Area, 1986.

Violence

On July 27, 1987, eight members of the Bible Missionary Fellowship, a fundamentalist church in Santee, California, attempted to bomb the Alvarado Medical Center abortion clinic. Church member Cheryl Sullenger procured gunpowder, bomb materials, and a disguise for co-conspirator Eric Everett Svelmoe, who planted a gasoline bomb. It was placed at the premises but failed to detonate as the fuse was blown out by wind.[42]

An incident of anti-abortion violence occurred at an abortion clinic in San Francisco, California on February 28, 1995.[43]

An incident of anti-abortion violence occurred at an abortion clinic in Modesto, California on March 19, 2003.[43]


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.[43]

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. ^ Watson, Katie (20 Dec 2019). "JD". AMA Journal of Ethics. doi:10.1001/amajethics.2018.1175. Retrieved 17 May 2019.
  2. ^ Chamberlain, Pam; Hardisty, Jean (2007). "The Importance of the Political 'Framing' of Abortion". The Public Eye Magazine. 14 (1).
  3. ^ "The Roberts Court Takes on Abortion". New York Times. November 5, 2006. Retrieved January 18, 2008.
  4. ^ Brennan 'Dehumanizing the vulnerable' 2000
  5. ^ Getek, Kathryn; Cunningham, Mark (February 1996). "A Sheep in Wolf's Clothing – Language and the Abortion Debate". Princeton Progressive Review.
  6. ^ "Example of "anti-life" terminology" (PDF). Archived from the original (PDF) on 2011-07-27. Retrieved 2011-11-16. {{cite web}}: Unknown parameter |dead-url= ignored (|url-status= suggested) (help)
  7. ^ "Horror: Violent mob of topless pro-abort feminists attacks praying men defending cathedral (VIDEO)". LifeSiteNews. Retrieved 28 June 2015.
  8. ^ Goldstein, Norm, ed. The Associated Press Stylebook. Philadelphia: Basic Books, 2007.
  9. ^ "Abortion Surveillance --- United States, 2000". www.cdc.gov. Retrieved 2019-05-25.
  10. ^ "Abortion Surveillance --- United States, 2001". www.cdc.gov. Retrieved 2019-05-25.
  11. ^ NW, 1615 L. St; Washington, Suite 800; Inquiries, DC 20036 USA202-419-4300 | Main202-419-4349 | Fax202-419-4372 | Media. "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics | Pew Research Center". Retrieved 2019-05-23.{{cite web}}: CS1 maint: numeric names: authors list (link)
  12. ^ a b c d e Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66: 1774–1831.
  13. ^ a b Tyler, C. W. (1983). "The public health implications of abortion". Annual Review of Public Health. 4: 223–258. doi:10.1146/annurev.pu.04.050183.001255. ISSN 0163-7525. PMID 6860439.
  14. ^ Willke, J.C. (September 1992). "Very few illegal abortion deaths". American Journal of Obstetrics and Gynecology. 167 (3): 854. doi:10.1016/s0002-9378(11)91601-9. ISSN 0002-9378.
  15. ^ "California Code, Health and Safety Code - HSC § 123462". Findlaw. Retrieved 2019-05-25.
  16. ^ "Are there *any* states working to protect abortion rights?". Well+Good. 2019-05-17. Retrieved 2019-05-25.
  17. ^ "STATE POLICY ON INFORMED CONSENT FOR ABORTION" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  18. ^ Green, Emma (March 19, 2018). "Should Pro-Life Clinics Have to Post Information About Abortion?". The Atlantic. Retrieved March 19, 2018.
  19. ^ "AB-775 Reproductive FACT Act". California State Congress. October 15, 2015. Retrieved March 15, 2018.
  20. ^ National Institute of Family and Life Advocates v. Harris, 839 F.3d 823 (9th Cir. 2016).
  21. ^ a b businessinsider (2018-08-04). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Retrieved 2019-05-24. {{cite web}}: |last= has generic name (help)
  22. ^ 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.
  23. ^ a b Tribune, Chicago. "Timeline of abortion laws and events". chicagotribune.com. Retrieved 2019-05-23.
  24. ^ McEvers, Kelly (November 5, 2015). "California Law Adds New Twist To Abortion, Religious Freedom Debate". All Things Considered. NPR. Retrieved March 15, 2018.
  25. ^ National Institute of Family and Life Advocates v. Harris, 839 F.3d 823 (9th Cir. 2016).
  26. ^ 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)
  27. ^ Bohatch, Emily. "27 states with the most Planned Parenthood clinics". thestate. Retrieved 2019-05-24.
  28. ^ "Here's Where Women Have Less Access to Planned Parenthood". Retrieved 2019-05-23.
  29. ^ "Study: Abortions Are Safe When Performed By Nurse Practitioners, Physician Assistants, Certified Nurse Midwives". Retrieved 25 January 2017.
  30. ^ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972-1974". Family Planning Perspectives. 8 (2): 86. doi:10.2307/2133995.
  31. ^ Larson, Jordan. "Timeline: The 200-Year Fight for Abortion Access". The Cut. Retrieved 2019-05-25.
  32. ^ Francis Roberta W. "Frequently Asked Questions". Equal Rights Amendment. Alice Paul Institute. Archived from the original on 2009-04-17. Retrieved 2009-09-13. {{cite web}}: Unknown parameter |dead-url= ignored (|url-status= suggested) (help)
  33. ^ "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
  34. ^ a b "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved 2019-05-25.
  35. ^ Marcovitz, Hal (1 February 2009). Nancy Pelosi: Politician. Infobase Publishing. p. 40. ISBN 978-1-60413-075-1. Retrieved 17 January 2012.
  36. ^ a b "A Bishop Says No". Time. November 27, 1989.
  37. ^ West, John G.; MacLean, Iain S. (1999). Encyclopedia of religion in American politics, Volume 2. Greenwood Publishing Group. p. 98. Retrieved 2011-12-26.
  38. ^ Hancock, David (2004-04-06). "Kerry's Communion Controversy". CBS News. Retrieved 2011-12-26.
  39. ^ "Outspoken Catholic Archbishop Raymond Burke Says He'd Deny Rudy Giuliani Communion". Fox News. AP. 2007-10-03. Archived from the original on 2013-05-27. Retrieved 2011-12-26. {{cite news}}: Unknown parameter |dead-url= ignored (|url-status= suggested) (help)
  40. ^ Kirkpatrick, David (2008-09-16). "Abortion Issue Again Dividing Catholic Votes". The New York Times. Retrieved 2011-12-26.
  41. ^ Arnold, Amanda (2019-05-21). "How to Join the Nationwide Abortion-Ban Protest Today". The Cut. Retrieved 2019-05-25.
  42. ^ Frammolino, Ralph (May 6, 1988). "2 Get Prison for Trying to Bomb Abortion Clinic". Los Angeles Times.
  43. ^ a b c Jacobson, Mireille; Royer, Heather (December 2010). "Aftershocks: The Impact of Clinic Violence on Abortion Services". American Economic Journal: Applied Economics. 3: 189–223.

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