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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 [[Supreme Court of the United States|US Supreme Court]] in 1973 with the [[Roe v. Wade|''Roe v. Wade'']] ruling.<ref>{{Cite news|url=https://www.nytimes.com/interactive/2019/us/abortion-laws-states.html,%20https://www.nytimes.com/interactive/2019/us/abortion-laws-states.html|title=Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year|last=Lai|first=K. K. Rebecca|date=2019-05-15|work=The New York Times|access-date=2019-05-24|language=en-US|issn=0362-4331}}</ref>
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 [[Supreme Court of the United States|US Supreme Court]] in 1973 with the [[Roe v. Wade|''Roe v. Wade'']] ruling.<ref>{{Cite news|url=https://www.nytimes.com/interactive/2019/us/abortion-laws-states.html,%20https://www.nytimes.com/interactive/2019/us/abortion-laws-states.html|title=Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year|last=Lai|first=K. K. Rebecca|date=2019-05-15|work=The New York Times|access-date=2019-05-24|language=en-US|issn=0362-4331}}</ref>


In 2019, New York passed the [[Reproductive Health Act]] (RHA), which repealed a pre-''Roe'' provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman's life.<ref>{{Cite web|url=https://newyork.cbslocal.com/2019/01/22/reproductive-health-act-new-york-legislature-gov-andrew-cuomo-roe-v-wade/|title=New York Dems Flex Muscles, Pass Reproductive Health Act|date=2019-01-22|publisher=CBSNewYork}}</ref><ref>{{Cite web|url=https://www.huffingtonpost.com/entry/andrew-cuomo-abortion-bill_us_5c480bebe4b0b66936751a47|title=Andrew Cuomo Signs Abortion Bill Into Law, Codifying Roe v. Wade|last=Russo|first=Amy|date=2019-01-23|website=Huffington Post}}</ref>
In 2019, New York passed the [[Reproductive Health Act]] (RHA), which repealed a pre-''Roe'' provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman's life.<ref>{{Cite web|url=https://newyork.cbslocal.com/2019/01/22/reproductive-health-act-new-york-legislature-gov-andrew-cuomo-roe-v-wade/|title=New York Dems Flex Muscles, Pass Reproductive Health Act|date=2019-01-22|publisher=CBSNewYork}}</ref><ref>{{Cite web|url=https://www.huffingtonpost.com/entry/andrew-cuomo-abortion-bill_us_5c480bebe4b0b66936751a47|title=Andrew Cuomo Signs Abortion Bill Into Law, Codifying Roe v. Wade|last=Russo|first=Amy|date=2019-01-23|website=Huffington Post}}</ref><ref name=":8">{{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> The law said, “The legislature finds that comprehensive reproductive health care, including contraception and abortion, is a fundamental component of a woman’s health, privacy and equality."<ref name=":8" /> The bill also allowed qualified health practitioners to perform abortions, not just licensed medical doctors.<ref name=":8" /><ref>{{Cite web|url=https://www.timesunion.com/news/article/New-York-lawmakers-to-vote-on-abortion-rights-13551825.php|title=Cuomo signs Reproductive Health Act after Legislature votes|last=Bump|first=Bethany|date=2019-01-22|website=Times Union|access-date=2019-05-25}}</ref>





Revision as of 18:49, 25 May 2019

Abortion in New York 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

Madame Restell opened a business that performed abortions in the 1830s in New York City.  Her business remained open for around 35 years and openly advertised its services, including in newspaper advertisements.  She had branches in several other cities including Boston and Philadelphia, as well as having traveling agents working for the company who sold her "Female Monthly Pills."[9][10] Despite making a fortune from her business, her activities scandalized New York City society.[11]


New York state saw a number of women dying during the 1860s and 1870s as a result of using unskilled abortionists.  Some of these deaths were highly publicized.  They turned people's attitudes against abortions.[12]

1918 - In the United States, Margaret Sanger was charged under the New York law against disseminating contraceptive information. On appeal, her conviction was reversed on the grounds that contraceptive devices could legally be promoted for the cure and prevention of disease.[13][14]

A group of  science, health, and medicine experts met in 1955 in New York; their purpose was to discuss abortion in the United States.  Their belief was that between 200,000 and 1.2 million illegal abortions took place annually.[15]

Planned Parenthood Federation of America had a conference at  Arden House in New York in 1955.  The conference's purpose was to review the knowledge framework in the United States as it related to abortion.  One of the accomplishments of the conference was that it published the "first objective and quantitative estimates of illegal[15]

abortions".  The conference also provided participants with a first hand perspective on the state of abortion in the country from a presentation by a physician who had performed over 5,000 abortions.

In 1955, Sloane Hospital in New York created a hospital review board to approve all abortion requests.   Consequently, the number of abortions performed at the hospital in the next five year period for therapeutic reasons was half what it was prior to 1955.[16] According to Dr. Alan F. Guttmacher of Mount Sinai Hospital in New York, hospital review committees taught doctors to only refer cases they thought would be approved, saying, "Many physicians are discouraged by telephone conversations or corridor consultation with a single Committee member." [16]

At  Harlem Hospital prior to the legalization of abortion in New York, there was a positive correlation between neonatal and perinatal mortality, and the number of clandestine and nonmedical community abortions.[15]

In 1962, around 1,200 women were admitted to hospitals in New York City's Harlem Hospital as a result of incomplete attempted abortions.[17]

In 1972, an estimated 100,000 women traveled to New York to have legal abortions. Over half of them traveled more than 500 miles to get a legal abortion in the state.[18]

The highest number of legal induced abortions by state in 2000 occurred in  New York City with 94,466, while Florida was second with 88,563, and Texas was third with 76,121.[19]

In 2001, New York City had the highest number of induced abortions with 91,792, while Florida was second with 85,589, and Texas  was third with 77,409. Idaho had the lowest induced abortion to live birth ration at 36 per 1,000 live births while New York City had the highest at 767.[20]

Because of the nature of their abortion laws, New York City and the District of Colombia became destination centers for women in 1971 who were seeking legal abortions.[15]

In 2003, the state of New York had the highest number of legal induced abortions with 90,820. Florida was second with 88,247, while Texas was third with 79,166. Idaho had the lowest ratio of induced abortions to live births at 42 per 1,000 in 2003 while New York City had the highest at 758 to 1,000.[21]

A study was done involving 300 women approached by pro-life protesters at an abortion clinic in Buffalo, New York.  It found that while some women were upset by the protesters, none of the 300 women changed their minds as a result of protester actions in relation to their decision to get an abortion.[22]


In 2014, 64% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[23]


Legislative history

The first statute to criminalize abortion in New York State happened in 1827.  The law made postquickening abortions a felony.[12][24] It made pre-quickening abortions a misdemeanor.[12][24]

New York repealed its 1830 law and allowed abortions up to the 24th week of pregnancy.[25]

Out of a concern for the lives of women, New York became the first state to create a therapeutic exemption that allowed women to have abortions if their life was at risk by continuing the pregnancy.[12]

In 1845, New York passed a statue that said women who had abortions could be given a prison sentence of three months to a year.  They were one of the few states at the time to have laws punishing women for getting abortions.[12]

In 1872, New York state made it a penalty perform an abortion abortion with a criminal sentence of between 4 and 20 years in prison.[12]

The New York State legislature amended their abortion related statue in 1965 to allow for more therapeutic exceptions.[12]

In 1970, not long before the Supreme Court made their decision in Roe v. Wade, first Hawaii and then New York became the first two states in the US to decriminalize abortion.  This was done by removing all requirements to justify having the procedure done.  Both states retained one requirement for women seeking abortions, that that was the abortion be performed by a licensed physician at an accredited hospital.[12][26][27]

1970 – Hawaii, New York, Alaska and Washington repealed their abortion laws. Specifically, Hawaii became the first state to legalize abortions on the request of the woman,[28] New York repealed its 1830 law and allowed abortions up to the 24th week of pregnancy, and Washington held a referendum on legalizing early pregnancy abortions, becoming the first state to legalize abortion through a vote of the people.[29][30]

In 1970, New York became the first state to make abortion legal if a pregnant woman requested it.[16]

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.[31]

Between 1970 and 1973, the New York General Assembly attempted to repeal their law that made abortion legal.  Governor Nelson Rockefeller successfully vetoed the repeal attempt.[31]

In 1971, the state repealed its statute that said inducing an abortion was a criminal offense.[16]

State abortion law in 1971 did not have a residency requirement for women seeking to have an abortion.[16]

Cities like Baltimore, Austin, and New York passed legislation to require Crisis Pregnancy Centers to disclose their status and that they did not offer abortion services, but organizations representing the CPCs have been successful in courts challenging these laws, principally on the argument that forcing the CPCs to post such language violated their First Amendment rights and constituted compelled speech.[32][33] Whereas the previous attempts at regulating CPCs in Baltimore and other cities were based on having signage that informed the patient that the CPC did not offer abortion-related services, the FACT Act instead makes the patient aware of state-sponsored services that are available rather than what the CPCs did or did not offer.[34] The law went into effect January 1, 2016.[35]The state legislature was one of five states nationwide that tried, and failed, to pass a fetal heartbeat bill in 2014.[36]

The state legislature was one of three states nationwide that tried, and failed, to pass a fetal heartbeat bill in 2015.[36]

The state legislature was one of four states nationwide that tried, and failed, to pass a fetal heartbeat bill in 2016.[36]

The state legislature was one of eight states nationwide that tried, and failed, to pass a fetal heartbeat bill in 2017.[36]

The state legislature was one of ten states nationwide that tried to unsuccessfully pass a fetal heartbeat bill in 2018.  Only Iowa successfully passed such a bill, but it was struck down by the courts.[36]

In 2018, Florida, Nevada, and New York had laws prohibiting abortions after 24-weeks.[37]

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.[38]

In 2019, New York passed the Reproductive Health Act (RHA), which repealed a pre-Roe provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman's life.[39][40][41] The law said, “The legislature finds that comprehensive reproductive health care, including contraception and abortion, is a fundamental component of a woman’s health, privacy and equality."[41] The bill also allowed qualified health practitioners to perform abortions, not just licensed medical doctors.[41][42]


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.[43]

Schenck v. Pro-Choice Network of Western New York was before the US Supreme Court in 1997.  Two abortion clinics in western New York had gotten injunctions to prevent anti-abortion rights protestors from blockading their facilities or engaging in other types of disruptive protests.[44] The Court ruled in a 6-3 decision that "floating buffer zones" preventing protesters approaching people entering or leaving abortion clinics were unconstitutional, though "fixed buffer zones" around the clinics themselves remained constitutional. The Court's upholding the fixed buffer was the most important aspect of the ruling, because it was a common feature of injunctions nationwide.[45]


Clinic history

In 2014, there were 95 abortion clinics in the state.[46] In 2014, 44% of the counties in the state did not have an abortion clinic. That year, 10% of women in the state aged 15 - 44 lived in a county without an abortion clinic.[47]

In March 2016, there were 58 Planned Parenthood clinics in the state.[48]

In 2017, there were 58 Planned Parenthood clinics in a state with a population of 4,718,933 women aged 15 - 49 of which 49 offered abortion services.[49]

Statistics

In the period between 1972 and 1974, Texas and New York State had the largest number of illegal abortion deaths.  Texas recorded 14 in this period while New York had 11 in a period where 63 deaths from illegal abortions were reported nation wide. In 1972, New York had 10 illegal abortion deaths.  In 1973, it had 1.  In 1974, the state recorded 0 illegal abortion death. The deaths in the District of Colombia and New York in this period demonstrated that even where abortion is legal, women face circumstances that drive them to have irregular, non-physician assisted abortions.  There are a variety of factors for this including lack of education, poverty and distrust of the medical establishment.[50]

In 2010, the state had 45,722 publicly funded abortions, of which were 0 federally funded and 45,722 were state funded.[51]

In 2012, New York City reported abortions (31,328) outnumber live births (24,758) for black children. Black and Hispanic abortions combined (54,245), account for 73% of the total abortions in the city in 2012, according to a report by the New York City Department of Health and Mental Hygiene, Office of Vital Statistics.[52][53]


In 2013, among white women aged 15-19, there were  abortions 2660, 5860 abortions for black women aged 15-19, 4670 abortions for Hispanic women aged 15-19, and 760 abortions for women of all other races.[54]

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
Location Residence Occurrence % obtained by out-of-state residents Year Ref
No. Rate Ratio No. Rate Ratio
New York 93,984 23.2 264 96,711 23.9 271 3.3 2014 [55]
New York City NA NA NA 67,620 34.8 575 7.9 2014 [56]
New York State NA NA NA 29,091 13.8 122 5.2 2014 [57]
New York 88,762 22 374 93,096 23.1 392 5.1 2015 [58]
New York City NA NA NA 63,646 32.8 544 NA 2015 [58]
New York State NA NA NA 29,450 14.1 245 NA 2015 [58]


Qualifying requirements for abortion providers

New York's Reproductive Health Act--passed in 2019--allows non-physician health professionals acting within their scope of practice to perform abortion procedures.[59]


Abortion financing

State Medicaid coverage of medically necessary abortion services.Navy blue: Medicaid covers medically necessary abortion for low-income women through legislationRoyal blue: Medicaid covers medically necessary abortions for low-income women under court order Gray: Medicaid denies abortion coverage for low-income women except for cases of rape, incest, or life endangerment.

17 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, 13 of which are required by State court orders to do so.[60]


Maternal and infant health

In 2017, the state had an infant mortality rate of 4.6 deaths per 1,000 live births.[61]

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.[61]


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."[62]

Abortion rights activities

Café Altro Paradiso in New York City held a fundraiser for Planned Parenthood on May 19, 2019 to support the organization's abortion services.[63]

#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.  One protest as part of #StopTheBans took place at at Foley Square in New York City on May 21.[64]

Anti-abortion views and activities

Activism

In 1873, Anthony Comstock created the New York Society for the Suppression of Vice, an institution dedicated to supervising the morality of the public. Later that year, Comstock successfully influenced the United States Congress to pass the Comstock Law, which made it illegal to deliver through the U.S. mail any "obscene, lewd, or lascivious" material. It also prohibited producing or publishing information pertaining to the procurement of abortion or the prevention of conception or venereal disease, even to medical students.[65]

Activities

In April 1992, anti-abortion activists organized the “Spring of Life” protests in Buffalo. This was one of three large anti-abortion protests that received extensive media coverage.[66]

Violence

There was an arson attack at an abortion clinic in New York in 1979 that caused around US$250,000 in damage.[66]

Between 1993 and 2015, 11 people were killed at American abortion clinics.[67]

An incident of anti-abortion violence occurred at an abortion clinic in New York City, New York on December 10, 1985.[66]

An incident of anti-abortion violence occurred at an abortion clinic in Syracuse, New York on May 23, 1990.[66]

An incident of anti-abortion violence occurred at an abortion clinic in Buffalo, New York on April 18, 1992.[66]

Dr. David Gandell of Rochester, New York sustained serious injuries in October 28, 1997 after being targeted by a sniper firing through a window in his home.[68]

Dr. Barnett Slepian was shot to death with a high-powered rifle at his home in Amherst, New York on October 23, 1998. His was the last in a series of similar shootings against providers in Canada and northern New York state which were all likely committed by James Kopp. Kopp was convicted of Slepian's murder after being apprehended in France in 2001.[69][67]


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.
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  4. ^ Brennan 'Dehumanizing the vulnerable' 2000
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  47. ^ 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)
  48. ^ Bohatch, Emily. "27 states with the most Planned Parenthood clinics". thestate. Retrieved 2019-05-24.
  49. ^ "Here's Where Women Have Less Access to Planned Parenthood". Retrieved 2019-05-23.
  50. ^ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972-1974". Family Planning Perspectives. 8 (2): 86. doi:10.2307/2133995.
  51. ^ "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
  52. ^ "NYC Induced Abortion Summary by Woman's Race/Ethnicity". Retrieved 2016-10-10., NYC Dept of Health and Mental Hygiene, Office of Vital Statistics, New York State, 2012
  53. ^ "NYC: More Black Babies Killed by Abortion Than Born". 2014-02-20. Retrieved 2016-11-11., Chapman, M. W.|CNS News|February 20, 2014
  54. ^ "No. of abortions among women aged 15-19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved 2019-05-24. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  55. ^ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66. doi:10.15585/mmwr.ss6624a1. ISSN 1546-0738.
  56. ^ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66. doi:10.15585/mmwr.ss6624a1. ISSN 1546-0738.
  57. ^ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66. doi:10.15585/mmwr.ss6624a1. ISSN 1546-0738.
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  59. ^ https://thehill.com/homenews/state-watch/426533-new-york-passes-bill-expanding-abortion-access
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  61. ^ a b "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved 2019-05-25.
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  63. ^ Arnold, Amanda (2019-05-17). "Buy Pastries, Support Abortion Rights". The Cut. Retrieved 2019-05-25.
  64. ^ Arnold, Amanda (2019-05-21). "How to Join the Nationwide Abortion-Ban Protest Today". The Cut. Retrieved 2019-05-25.
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  68. ^ David S. Cohe & Krysten Connon (2015). Living in the Crosshairs: The Untold Stories of Anti-Abortion Terrorism. Oxford University Press. p. 80.
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