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Abortion in Hawaii

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Abortion in Hawaii is legal. 66% of adults in Hawaii said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[1] Hawaii began allowing elective abortion care de jure in 1970, the first state to do so. State law enacted at that time stated said, "the State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female."

The number of abortion clinics in the state has been declining for years. There were 15 hospitals that performed abortions in 1970, 51 clinics in 1982, 52 clinics in 1992, six in 2011, four in 2014, and three in 2017. In 2017, women in rural parts of the state had trouble accessing abortion services because of lack of clinics and costs to travel. There were 3,643 abortions in 1970, 2,147 in 2014 and 3,200 in 2017.[2] Public funding existed for abortions for poor women using state Medicaid funding. People in Hawaii participated in the #StoptheBans movement in May 2019.

Many of the state's poor, rural women rely on Title X services that provide family planning assistance, including prenatal carry. Under Donald Trump, these dollars have been cut in Hawaii, leaving poor and rural women particularly vulnerable when it comes to the ability to access prenatal care.[3]

History

Legislative history

In March 1970, not long before the Supreme Court made their decision in Roe v. Wade, Hawaii became the first state in the US to decriminalize abortion by removing all requirements to justify having the procedure done. It was required that the abortion be performed by a licensed physician at an accredited hospital,[4][5][6][7] and there was a 90-day residency requirement in place at the time, but women were not required to provide a reason they were seeking an abortion[7][8] Alaska and Washington also joined Hawaii in repealing abortion that year.[4][9] In 1971, the state repealed its statute that said inducing an abortion was a criminal offense.[10] State law in 1971 required that any woman getting a legal abortion in the state needed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.[11]

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.[12] As of May 2019, state law on abortion said, "the State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female."[13][14]

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.[5] 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.[15][16]

Clinic history

Number of abortion clinics in Hawaii by year
Location of Hawaiian abortion clinics by island in 2017
See also: Abortion clinic

Abortions in 1970 were required to take place in a hospital.  They cost around US$350, and 57.5% of women used personal funds or loans to cover the cost of their abortion. In 1970, the first year that abortion was legal in the state, abortions were performed at fifteen hospitals.[7] Between 1982 and 1992, the number of abortion clinics in the state increased by one, going from 51 in 1982 to 52 in 1992.[17] In 2011, there were only six clinics in the state, partly a result of the lack of doctors more generally in the state.[3] In 2014, there were four abortion clinics in the state.[18] In 2014, 40% 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.[19] By 2017, there were only three clinics left.[3]

In 2017, 28 facilities in Hawaii provided abortion care, with 4 of those facilities being clinics,[20] including 2 Planned Parenthood clinics.[21] Despite a demand on Kauai, an island of 67,000 people, there were no abortion clinics there in 2017. Of Hawaii's eight major islands, only two islands have abortion clinics.[3]

Telehealth abortion services are currently available in Hawaii. Patients seeking a medical abortion are evaluated by a clinician using video conferencing. This service allows many women seeking abortion to avoid inter-island travel to an abortion clinic.[22]

Statistics

From March 1970 to December 1970, 3,643 abortions took place at 15 hospitals in the state, with an abortion to live birth rate of 1:45.[7] Demographics of women seeking abortions in Hawaii that year said that 47% were white, 21% were Japanese, 10% were Hawaiian, 8.4% were Filipino, 5.0% were Chinese, 54% had never been married, 51% had never been pregnant before, 71% were in a relationship, 20% were teenagers.  Outside racial demographics, the profile of women getting abortions in Hawaii in 1970 was similar to that of other women in the United States.  Women getting abortions that year were more educated than the rest of women in childbearing range in the state. There were a variety of reasons these women had abortions including limiting family size or not using contraception.  Some had complications, with 22.5% of the complications being cervical laceration, 19.5% being hemorrhage and 16% infection.[7]

In 1990, 136,000 women in the state faced the risk of an unintended pregnancy.[17] In 2013, among white women aged 15–19, there were abortions 60, 10 abortions for black women aged 15–19, 50 abortions for Hispanic women aged 15–19, and 380 abortions for women of all other races.[23] In 2014, 66% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[24] In 2017, the state had an infant mortality rate of 5.3 deaths per 1,000 live births.[25]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 2014, 2016, and 2017.[26]
Census division and state Number Rate % change 2014–2017
2014 2016 2017 2014 2016 2017
US Total 926,190 874,080 862,320 25.9 22.9 22.9 -8
Alaska 1,470 1,260 1,260 10.0 8.6 8.6 -14
California 157,350 140,700 132,680 19.5 17.4 16.4 -16
Hawaii 3,760 3,100 3,200 14.0 11.6 12.0 -14
Oregon 9,330 9,850 9,640 12.0 12.3 11.9 -1
Washington 19,230 17,350 17,740 13.7 12.1 12.1 -12
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^^
Hawaii 12,190 46 1992 [27]
Hawaii 7,510 29.3 1995 [27]
Hawaii 6,930 27.3 1996 [27]
Hawaii 2,011 7.5 108 2,147 8.0 116 0.9 2014 [28]
Hawaii 2,042 7.6 111 2,026 7.6 110 0.3 2015 [29]
Hawaii 2,479 9.3 137 2,554 9.6 141 1.0 2016 [30]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

After Hawaii legalized abortion in 1970, the number of live births of children with Down syndrome decreased.[11]

Abortion financing

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

Seventeen states including Hawaii use their own funds to cover all or most "medically necessary" abortions sought by low-income women under Medicaid, thirteen of which are required by State court orders to do so.[31] In 2010, the state had 1,279 publicly funded abortions, of which zero were federally and 1,279 were state funded.[32]

Women in rural Hawaii faced huge problems getting access to abortion services in 2017.[3] Women seeking abortions in 2017 often had to travel great distances, often paying more than $300 and take one or more days off and book accommodation, to get an abortion. This could make the total cost of an abortion over US$1,000.[3]

Abortion rights views and activities

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[33]

Footnotes


References

  1. ^ "Religious Landscape Study".
  2. ^ "State Facts About Abortion: Hawaii". Guttmacher Institute. 2020-03-01. Retrieved 2020-06-30.
  3. ^ a b c d e f "Abortion access is a myth for rural women in Hawaii". Mother Jones. Retrieved 2019-05-28.
  4. ^ a b "Medicine: Abortion on Request". Time. March 9, 1970. Archived from the original on December 1, 2010. Retrieved 2012-10-15. (subscription required)
  5. ^ a b Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
  6. ^ Tribune, Chicago (29 March 2001). "Timeline of abortion laws and events". chicagotribune.com. Retrieved 2019-05-23.
  7. ^ a b c d e Diamond, M.; Palmore, J. A.; Smith, R. G.; Steinhoff, P. G. (1973). "Abortion in Hawaii". Family Planning Perspectives. 5 (1): 54–60. doi:10.2307/2133802. ISSN 0014-7354. JSTOR 2133802. PMID 4805720.
  8. ^ Willke, J.C. (September 1992). "Very few illegal abortion deaths". American Journal of Obstetrics and Gynecology. 167 (3): 854–855. doi:10.1016/s0002-9378(11)91601-9. ISSN 0002-9378. PMID 1530050.
  9. ^ Larson, Jordan (17 January 2017). "Timeline: The 200-Year Fight for Abortion Access". The Cut. Retrieved 2019-05-25.
  10. ^ Reagan, Leslie J. (1998-09-21). When Abortion Was a Crime: Women, Medicine, and Law in the United States, 1867–1973. University of California Press. ISBN 9780520216570.
  11. ^ 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.
  12. ^ 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.
  13. ^ "Are there *any* states working to protect abortion rights?". Well+Good. 2019-05-17. Retrieved 2019-05-25.
  14. ^ Hawaii. Legislature. Office of the Legislative Auditor. (1984). Sunset evaluation report--medicine and surgery, chapter 453, Hawaii revised statutes : a report to the Governor and the Legislature of the State of Hawaii. [The Auditor]. OCLC 12839988.
  15. ^ 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.
  16. ^ 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.
  17. ^ 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.
  18. ^ 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)
  19. ^ Panetta, Grace; Lee, Samantha (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.
  20. ^ "State Facts About Abortion: Hawaii". Guttmacher Institute. 2016-01-26. Retrieved 2020-04-25.
  21. ^ "Here's Where Women Have Less Access to Planned Parenthood". Retrieved 2019-05-23.
  22. ^ "Hawaii Doctors Turn To Telemedicine As Number of Abortion Providers Dwindles". Honolulu Civil Beat. 2019-06-06. Retrieved 2020-04-20.
  23. ^ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved 2019-05-24.
  24. ^ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved 2019-05-23.
  25. ^ "States pushing abortion bans have highest infant mortality rates". NBC News. 24 May 2019. Retrieved 2019-05-25.
  26. ^ Jones, Rachel K.; Witwer, Elizabeth; Jerman, Jenna (2019-09-11). "Abortion Incidence and Service Availability in the United States, 2017". Guttmacher Institute. doi:10.1363/2019.30760. S2CID 203813573. Retrieved 2020-04-27.
  27. ^ a b c Henshaw, Stanley K. (2005-06-15). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved 2019-06-02.
  28. ^ 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.
  29. ^ 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.
  30. ^ 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.
  31. ^ Francis Roberta W. "Frequently Asked Questions". Equal Rights Amendment. Alice Paul Institute. Archived from the original on 2009-04-17. Retrieved 2009-09-13.
  32. ^ "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
  33. ^ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA TODAY. Retrieved 2019-05-25.
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