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Should Abortion Be Legal?
The debate over whether or not abortion should be a legal option continues to
divide Americans long after the US Supreme Court's 7-2 decision on Roe v.
Wade declared the procedure a "fundamental right" on Jan. 22, 1973.
Proponents, identifying themselves as pro-choice, contend that choosing
abortion is a woman's right that should not be limited by governmental or
religious authority, and which outweighs any right claimed for an embryo or
fetus. They say that pregnant women will resort to unsafe illegal abortions if
there is no legal option.
Abortion Home
Featured Resources
1. Did You Know?
2. Pro & Con Arguments
Opponents, identifying themselves as pro-life, contend that personhood
begins at conception, and therefore abortion is the immoral killing of an
innocent human being. They say abortion inflicts suffering on the unborn child,
and that it is unfair to allow abortion when couples who cannot biologically
conceive are waiting to adopt. Read more...
3. Background
4. Video Gallery
Projects
Did You Know?
Pro & Con Arguments
Top Pro & Con Quotes
Background
Video Gallery
Comments
5. Top Pro & Con Quotes
6. Comments
7. Abortion Laws by Country,
2008 (from the Center for
Reproductive Rights)
8. US Religious Views on
Abortion
9. 2016 Presidential
Candidates' Positions on
Abortion
Learn More
10. Footnotes & Sources
11. Source Biographies
+ Additional Resources
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Abortion ProCon.org is a nonpartisan, nonprofit website that presents research, studies, and pro and con statements related to abortion. This pro-con debate
revolves around whether or not abortion should be a legal option for terminating pregnancies that do not involve rape, incest, or when a mother’s life is in danger.
For brevity we have abbreviated that issue down to the core question "Should abortion be legal?”
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Did You Know?
1. From Roe v. Wade in 1973 through 2011, nearly 53 million legal abortions
were performed in the United States – an average of about 1.4 million
abortions per year. [84] At 2008 abortion rates, three in ten US women will
have an abortion before age 45. [13]
2. Although the Catholic and Lutheran churches oppose abortion, more of their
members believe abortion should be legal in all or most cases versus illegal
in all or most cases (51% vs. 45%, Lutheran; 48% vs. 45%, Catholic). [151]
3. A woman's risk of dying from having an abortion is 0.6 in 100,000, while the
risk of dying from giving birth is around 14 times higher (8.8 in 100,000). [3]
The mortality rate of a colonoscopy is more than 40 times greater than that
of an abortion. [122]
4. 9.3% of abortions reported to the Centers for Disease Control and
Prevention in 2011 were undergone by women who had three or more
previous abortions. [161]
5. More US state abortion restrictions were enacted between 2011 and 2013
(205 in total) than were adopted during the whole previous decade (189).
[105]
Pro & Con Arguments: "Should Abortion Be Legal?"
PRO Legal Abortion
1.
The US Supreme Court has declared abortion
to be a "fundamental right" guaranteed by the
US Constitution. The landmark abortion case Roe v.
CON Legal Abortion
1.
being is wrong, even if that human being has yet to be born.
Unborn babies are considered human beings by the US
government. The federal Unborn Victims of Violence Act,
which was enacted "to protect unborn children from assault
and murder," states that under federal law, anybody
intentionally killing or attempting to kill an unborn child
should "be punished... for intentionally killing or attempting
to kill a human being." The act also states that an unborn
child is a "member of the species homo sapiens." [126] At
least 38 states have passed similar fetal homicide laws. [127]
Wade, decided on Jan. 22, 1973 in favor of abortion rights,
remains the law of the land. The 7-2 decision stated that the
Constitution gives "a guarantee of certain areas or zones of
privacy," and that "This right of privacy... is broad enough to
encompass a woman's decision whether or not to terminate
her pregnancy." [49]
2.
Reproductive choice empowers women by
giving them control over their own bodies. The
choice over when and whether to have children is central to
a woman's independence and ability to determine her future.
[134] Supreme Court Justice Sandra Day O'Connor wrote in
Abortion is murder. The killing of an innocent human
2.
Life begins at conception, so unborn babies
are human beings with a right to life. Upon
fertilization, a human individual is created with a unique
the 1992 decision in Planned Parenthood v. Casey, "The
ability of women to participate equally in the economic and
social life of the Nation has been facilitated by their ability to
control their reproductive lives." [8] Supreme Court Justice
Ruth Bader Ginsburg wrote in her dissenting opinion in
Gonzales v. Carhart (2007) that undue restrictions on
abortion infringe upon "a woman's autonomy to determine
her life's course, and thus to enjoy equal citizenship stature."
[59] CNN senior legal analyst Jeffrey Toobin, JD, stated that
Roe v. Wade was "a landmark of what is, in the truest sense,
women’s liberation." [113]
genetic identity that remains unchanged throughout his or
her life. This individual has a fundamental right to life, which
must be protected. Jerome Lejeune, the French geneticist
who discovered the chromosome abnormality that causes
Down syndrome, stated that "To accept the fact that after
fertilization has taken place a new human has come into
being is no longer a matter of taste or opinion... The human
nature of the human being from conception to old age is not
a metaphysical contention, it is plain experimental
evidence." [15] [16]
3.
3.
Personhood begins after a fetus becomes
"viable" (able to survive outside the womb) or
after birth, not at conception. [31] [32] Embryos and
of Neurobiology and Anatomy and Adjunct Associate
Professor of Pediatrics at the University of Utah School of
Medicine, explains that the "most primitive response to pain,
the spinal reflex," is developed by eight weeks gestation,
and adds that "There is universal agreement that pain is
detected by the fetus in the first trimester." [18] According to
Kanwaljeet J. S. Anand, MBBS, DPhil, Professor of
Pediatrics, Anesthesiology and Neurobiology at the
University of Tennessee Health Science Center, "If the fetus
is beyond 20 weeks of gestation, I would assume that there
will be pain caused to the fetus. And I believe it will be
severe and excruciating pain." [24] Bernard N. Nathanson,
MD, the late abortion doctor who renounced his earlier work
and became a pro-life activist, stated that when an abortion
is performed on a 12-week-old fetus, "We see [in an
ultrasound image] the child’s mouth open in a silent
scream... This is the silent scream of a child threatened
imminently with extinction." [145]
fetuses are not independent, self-determining beings, and
abortion is the termination of a pregnancy, not a baby. A
person's age is calculated from birth date, not conception,
and fetuses are not counted in the US Census. The majority
opinion in Roe v. Wade states that "the word 'person,' as
used in the Fourteenth Amendment [of the US Constitution],
does not include the unborn." [49]
4.
Fetuses are incapable of feeling pain when
most abortions are performed. According to a
2010 review by Britain's Royal College of Obstetricians and
Gynaecologists, "most neuroscientists believe that the
cortex is necessary for pain perception." The cortex does
not become functional until at least the 26th week of a fetus'
development, long after most abortions are performed. This
finding was endorsed in 2012 by the American College of
Obstetricians and Gynecologists, [1] which stated that that
there is "no legitimate scientific information that supports the
statement that a fetus experiences pain." [142] A 2005
University of California at San Francisco study said fetuses
probably can't feel pain until the 29th or 30th week of
gestation. [166] Abortions that late into a pregnancy are
extremely rare and are often restricted by state laws. [164]
According to Stuart W. G. Derbyshire, PhD, Senior Lecturer
at the University of Birmingham (England), "...fetuses cannot
be held to experience pain. Not only has the biological
development not yet occurred to support pain experience,
but the environment after birth, so necessary to the
development of pain experience, is also yet to occur." [10]
The "flinching" and other reactions seen in fetuses when
they detect pain stimuli are mere reflexes, not an indication
that the fetus is perceiving or "feeling" anything. [135] [145]
5.
Access to legal, professionally-performed
abortions reduces maternal injury and death
caused by unsafe, illegal abortions. According to
4.
Modern abortion procedures are safe and do
not cause lasting health issues such as
cancer and infertility. A peer-reviewed study
published by Obstetrics & Gynecology in Jan. 2015 reported
that less than one quarter of one percent of abortions lead to
major health complications. [159] [160] A 2012 study in
Obstetrics & Gynecology found a woman's risk of dying from
having an abortion is 0.6 in 100,000, while the risk of dying
from giving birth is around 14 times higher (8.8 in 100,000).
The study also found that "pregnancy-related complications
were more common with childbirth than with abortion." [3]
The American Medical Association and the American
College of Obstetricians and Gynecologists stated "Abortion
is one of the safest medical procedures performed in the
Abortion is the killing of a human being,
which defies the word of God. The Bible does not
draw a distinction between fetuses and babies: the Greek
word brephos is used in the Bible to refer to both an unborn
child and an infant. [30] By the time a baby is conceived, he
or she is recognized by God, as demonstrated in Jeremiah
1:5: "Before I formed thee in the belly I knew thee; and
before thou camest forth out of the womb I sanctified thee..."
[133] The Sixth Commandment of the Bible's Old Testament,
"Thou shalt not kill" (Exodus 20:13), applies to all human
beings, including unborn babies. [23] In the Hindu religion,
the holy text Kaushitaki Upanishad states that abortion is an
equivalent misdeed to killing one’s own parents. [148] The
BBC states that "Traditional Buddhism rejects abortion
because it involves the deliberate destroying of a life." [149]
5.
The decision in Roe v. Wade was wrong and
should be overturned. US Supreme Court Justice
Antonin Scalia stated that the right to privacy defended in
Roe v. Wade is "utterly idiotic" and should not be considered
binding precedent: "There is no right to privacy [in the US
Constitution]." [153] [154] In his dissenting opinion in Roe v.
Wade, Justice William H. Rehnquist stated that an abortion
"is not 'private' in the ordinary usage of that word. Nor is the
'privacy' that the Court finds here even a distant relative of
the freedom from searches and seizures protected by the
Fourth Amendment to the Constitution..." [49] Furthermore,
the 14th Amendment bars states from depriving "any person
of life, liberty, or property, without due process of law." [155]
The Supreme Court overreached in Roe v. Wade when it
excluded unborn children from the class of "persons." [156]
Daniel R. Mishell, Jr., MD, Chair of the Department of
Obstetrics and Gynecology at the Keck School of Medicine,
University of Southern California, before abortion was
legalized women would frequently try to induce abortions by
using coat hangers, knitting needles, or radiator flush, or by
going to unsafe "back-alley" abortionists. [150] In 1972, there
were 39 maternal deaths from illegal abortions. By 1976,
after Roe v. Wade had legalized abortion nationwide, this
number dropped to two. [7] The World Health Organization
estimated in 2004 that unsafe abortions cause 68,000
maternal deaths worldwide each year, many of those in
developing countries where safe and legal abortion services
are difficult to access. [11]
6.
Fetuses feel pain during the abortion
procedure. Maureen Condic, PhD, Associate Professor
[157]
6.
Abortions cause psychological damage. A
2008 peer-reviewed study published in the Scandinavian
Journal of Public Health found that "Young adult women
who undergo... abortion may be at increased risk for
subsequent depression." [44] A peer-reviewed 2005 study
published in BMC Medicine found that women who
underwent an abortion had "significantly higher" anxiety
scores on the Hospital Anxiety and Depression Scale up to
five years after the pregnancy termination. [69] A 2002 peerreviewed study published by the Southern Medical Journal
of more than 173,000 American women found that women
who aborted were 154% more likely to commit suicide than
women who carried to term. [26] A 1996 study published in
the British Medical Journal reported that the mean annual
suicide rate amongst women who had an abortion was 34.7
United States." They also said the mortality rate of a
colonoscopy is more than 40 times greater than that of an
abortion. [122] The National Cancer Institute (NCI), the
American Cancer Society (ACS), and the American College
of Obstetricians and Gynecologists all refuted the claim that
abortion can lead to a higher probability of developing breast
cancer. [22] A 1993 fertility investigation of 10,767 women by
the Joint Royal College of General Practitioners and the
Royal College of Obstetricians and Gynecologists found that
women who had at least two abortions experienced the
same future fertility as those who had at least two natural
pregnancies. [14]
7.
10.
8.
Reproductive choice protects women from
financial disadvantage. Many women who choose
abortion don't have the financial resources to support a
child. 42% of women having abortions are below the federal
poverty level. [13] A Sep. 2005 survey in the peer-reviewed
Perspectives on Sexual and Reproductive Health asking
women why they had an abortion found that 73% of
respondents said they could not afford to have a baby, and
38% said giving birth would interfere with their education
and career goals. [19] An Oct. 2010 University of
Massachusetts at Amherst study published in the peerreviewed American Sociological Review found that women
at all income levels earn less when they have children, with
low-wage workers being most affected, suffering a 15%
earnings penalty. [136]
Selective abortion based on genetic
abnormalities (eugenic termination) is overt
discrimination. Physical limitations don't make those
with disabilities less than human. The Americans with
Disabilities Act of 1990 [54] provides civil rights protection to
people born with disabilities so they can lead fulfilling lives.
The National Down Syndrome Society states that "people
with Down syndrome live at home with their families and are
active participants in the educational, vocational, social, and
recreational activities of the community. People with Down
syndrome are valued members of their families and their
communities, contributing to society in a variety of ways."
[66] The increase in abortions of babies with Down
syndrome (over 80% of women choose to abort Down
syndrome babies [70]) reduced the Down syndrome
population by 15% between 1989 and 2005. [67]
9.
Women should not be able to use abortion
as a form of contraception. It is immoral to kill an
unborn child for convenience. [116] The Guttmacher Institute
reported that half of all women having abortions every year
have had at least one previous abortion, [13] while 8.5% of
abortions reported to the Centers for Disease Control and
Prevention in 2010 were undergone by women who had
three or more previous abortions. [83] This suggests that
many women are using abortion as a contraceptive method.
[78] Freakonomics co-author Steven Levitt, PhD, wrote that
after abortion was legalized, "Conceptions rose by nearly 30
percent, but births actually fell by 6 percent, indicating that
many women were using abortion as a method of birth
control, a crude and drastic sort of insurance policy." [38]
Women who are denied abortions are more
likely to become unemployed, to be on public
welfare, to be below the poverty line, and to
become victims of domestic violence. A
University of California at San Francisco study found that
women who were turned away from abortion clinics
(because they had passed the gestational limit imposed by
the clinic) were three times more likely to be below the
poverty level two years later than women who were able to
obtain abortions. 76% of the "turnaways" ended up on
unemployment benefits, compared with 44% of the women
who had abortions. The same study found that women
unable to obtain abortions were more likely to stay in a
relationship with an abusive partner than women who had
an abortion, and were more than twice as likely to become
victims of domestic violence. [114] [73]
Abortions reduce the number of adoptable
babies. Instead of having the option to abort, women
should give their unwanted babies to people who cannot
conceive. The percentage of infants given up for adoption in
the United States declined from 9% of those born before
1973 to 1% of those born between 1996 and 2002. [53] As a
result of the lack of women putting their children up for
adoption, the number of US infant adoptions dropped from
about 90,000 in 1971 to 18,000 in 2007. [46] Around 2.6
million American women were trying to adopt children as of
2002, according to the US Department of Health and
Human Services. [76]
Abortion gives pregnant women the option to
choose not to bring fetuses with profound
abnormalities to full term. Some fetuses have such
severe disorders that death is guaranteed before or shortly
after birth. These include anencephaly, in which the brain is
missing, and limb-body wall complex, in which organs
develop outside the body cavity. [12] It would be cruel to
force women to carry fetuses with fatal congenital defects to
term. Even in the case of nonfatal conditions, such as Down
syndrome, parents may be unable to care for a severely
disabled child. Deborah Anne Driscoll, MD, Professor of
Obstetrics and Gynecology at the University of
Pennsylvania, said "many couples... don’t have the
resources, don’t have the emotional stamina, don’t have the
family support [to raise a child with Down syndrome]." [9]
9.
7.
Women who receive abortions are less likely
to suffer mental health problems than women
denied abortions. A Sep. 2013 peer-reviewed study
comparing the mental health of women who received
abortions to women denied abortions found that women who
were denied abortions "felt more regret and anger" and "less
relief and happiness" than women who had abortions. The
same study also found that 95% of women who received
abortions "felt it was the right decision" a week after the
procedure. [158] Studies by the American Psychological
Association (APA), the Academy of Medical Royal Colleges
(AMRC), and researchers at Johns Hopkins Bloomberg
School of Public Health all concluded that purported links
between abortion and mental health problems are
unfounded. [152]
8.
per 100,000, compared with a mean rate of 11.3 per
100,000 in the general population of women. [45] An Apr.
1998 Journal of Social and Clinical Psychology study of men
whose partners had abortions found that 51.6% of the men
reported regret, 45.2% felt sadness, and 25.8% experienced
depression. [27]
10.
If women become pregnant, they should
accept the responsibility that comes with
producing a child. People need to take responsibility
for their actions and accept the consequences. Having
sexual intercourse, even when contraceptive methods are
used, carries with it the risk of a pregnancy. [128] The unborn
baby should not be punished for a mistake made by adults.
If women are unprepared to care for their children, they
should at least put them up for adoption.
11.
The original text of the Hippocratic Oath,
traditionally taken by doctors when swearing
to practice medicine ethically, forbids
abortion. One section of the classical version of the oath
reads: "I will not give a woman a pessary [a device inserted
into the vagina] to cause an abortion." The modern version
of the Hippocratic Oath, written in 1964 by Luis Lasagna,
still effectively forbids doctors from performing abortions in
the line, "Above all, I must not play at God." [25]
12.
Abortion promotes a culture in which human
life is disposable. The legalization of abortion sends a
message that human life has little value. [144] Pope Francis
condemned "'the throwaway culture'" in Jan. 2014, stating
11.
A baby should not come into the world
unwanted. Having a child is an important decision that
requires consideration, preparation, and planning. The
Colorado Department of Public Health and Environment
stated that unintended pregnancies are associated with birth
defects, low birth weight, maternal depression, increased
risk of child abuse, lower educational attainment, delayed
entry into prenatal care, a high risk of physical violence
during pregnancy, and reduced rates of breastfeeding. [75]
49% of all pregnancies among American women are
unintended. [50]
12.
Abortion is justified as a means of population
control. Philosopher Peter Singer, MA, Professor of
Bioethics at Princeton University, defended abortion as a
way to curb overpopulation. [137] The United Nations
estimated that the world's population will increase to 9.3
billion by 2050, which would be "the equivalent of adding
another India and China to the world," according to the Los
Angeles Times. [131] Malnutrition, starvation, poverty, lack of
medical and educational services, pollution,
underdevelopment, and conflict over resources are all
consequences of overpopulation. [21] With 43.8 million
abortions performed worldwide in 2008 [74], the population
increase if abortion were unavailable could be substantial.
[132]
15.
Many religious organizations and people of
faith support women's reproductive choice.
Allowing abortion conflicts with the
unalienable right to life recognized by the
Founding Fathers of the United States. The
Declaration of Independence states that "[A]ll men are
created equal, that they are endowed by their Creator with
certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness." [51] Abortion takes
away from the unborn the unalienable right to life that the
Founding Fathers intended for all human beings. [115]
14.
Abortion disproportionately affects African
American babies. In the United States, black women
are 3.3 times as likely as white women to have an abortion,
according to the Guttmacher Institute. [68] In New York City
in 2012, more black babies were aborted (31,328) than had
live births (24,758). [77]
Abortion reduces crime. According to a study cowritten by Freakonomics co-author Steven D. Levitt, PhD,
and published in the peer-reviewed Quarterly Journal of
Economics, "legalized abortion has contributed significantly
to recent crime reductions." Around 18 years after abortion
was legalized, crime rates began to drop abruptly, and crime
rates dropped earlier in states that allowed abortion earlier.
Because "women who have abortions are those most at risk
to give birth to children who would engage in criminal
activity," and women who had control over the timing of
childbearing were more likely to raise children in optimal
environments, crime is reduced when there is access to
legal abortion. [20]
14.
13.
Abortion reduces welfare costs to taxpayers.
The Congressional Budget Office (CBO), a nonpartisan
federal agency, evaluated a proposed anti-abortion bill that
would ban all abortions nationwide after 20 weeks of
pregnancy, and found that the resulting additional births
would increase the federal deficit by $225 million over nine
years, due to the increased need for Medicaid coverage.
Also, since many women seeking late-term abortions are
economically disadvantaged, their children are likely to
require welfare assistance. [129] [130]
13.
that "what is thrown away is not only food and dispensable
objects, but often human beings themselves, who are
discarded as 'unnecessary'. For example, it is frightful even
to think there are children, victims of abortion, who will never
see the light of day..." [143] House Representative Randy
Hultgren (R-IL) wrote in Jan. 2014 that "When we tell one
another that abortion is okay, we reinforce the idea that
human lives are disposable, that we can throw away
anything or anyone that inconveniences us." [36]
15.
Abortion eliminates the potential societal
contributions of a future human being.
According to Heisman Trophy-winning football player Tim
Tebow, "the reason I'm here" is because his mother ignored
the advice of doctors who recommended an abortion. [117] It
has also been reported that the mothers of entertainers
Celine Dion, Cher, and Justin Bieber were either advised to
have abortions or were considering the procedure, but
chose to give birth to their babies instead. [118] [120] [119]
16.
Abortion may lead to future medical
problems for the mother. A June 2003 study
published by the peer-reviewed International Journal of
Epidemiology estimated that about 15% of first-trimester
miscarriages are attributed to a prior history of induced
abortion, and stated that "Induced abortion by vacuum
aspiration is associated with an increased risk of firsttrimester miscarriage in the subsequent pregnancy." [34] A
2013 Chinese study published in the peer-reviewed Indian
Journal of Cancer found an association between breast
cancer and a history of abortions [71]. A Feb. 2014 study
published in the peer-reviewed Cancer Causes and Control
found that abortion "is significantly associated with an
increased risk of breast cancer" and that "the risk of breast
cancer increases as the number of [abortions] increases."
[72]
Although many religious groups oppose abortion, the United
Methodist Church, the Presbyterian Church, and the
Unitarian Universalist Association of Congregations are all
officially pro-choice. [139] [140] [141] The Bible, despite
interpretations to the contrary, contains no explicit
condemnation of abortion, and does not portray the killing of
a fetus as equivalent to the killing of a human being. In
Exodus 21:22-25, the crime of causing a woman to miscarry
is treated as a property crime, whereas killing the woman is
considered murder and is punished with the death penalty.
[33] While the Catholic and Lutheran churches oppose
abortion, more of their members believe abortion should be
legal in all or most cases versus illegal in all or most cases
(51% vs. 45%, Lutheran; 48% vs. 45%, Catholic). [151] Joe
Biden, 47th US Vice President, stated in Oct. 2012 that "I
accept my church’s position on abortion... But I refuse to
impose it on equally devout Christians and Muslims and
Jews, and I just refuse to impose that on others..." [138]
Comment
Comment
Background: "Should Abortion Be Legal?"
The debate over whether or not abortion should be a legal option continues to divide
Americans long after the US Supreme Court's 7-2 decision on Roe v. Wade [49] declared
the procedure a "fundamental right" on Jan. 22, 1973.
Proponents, identifying themselves as pro-choice, contend that choosing abortion is a
right that should not be limited by governmental or religious authority, and which
outweighs any right claimed for an embryo or fetus. They say that pregnant women will
resort to unsafe illegal abortions if there is no legal option.
(Click to enlarge image)
Pro-choice and pro-life demonstrators during the
2004 Washington, DC March for Women's Lives
protest
Source: Declan McCullagh Photography,
www.mccullagh.org (accessed Apr. 1, 2010)
Opponents, identifying themselves as pro-life, contend that personhood begins at
conception, and therefore abortion is the immoral killing of an innocent human being.
They say abortion inflicts suffering on the unborn child, and that it is unfair to allow
abortion when couples who cannot biologically conceive are waiting to adopt.
Variations exist in arguments on both sides of the debate. Some pro-choice proponents
believe abortion should only be used as a last resort, while others advocate unrestricted
access to abortion services under any circumstance. Pro-life positions range from
opposing abortion under any circumstance to accepting it for situations of rape, incest, or
when a woman's life is at risk.
Pro-Choice and Pro-Life Groups
Some prominent pro-choice organizations include Planned Parenthood, NARAL Pro-Choice America, the National Abortion Federation,
the American Civil Liberties Union (ACLU), and the National Organization for Women. Although many pro-life positions derive from
religious ideology, several mainstream faith groups support the pro-choice movement, such as the United Methodist Church, United
Church of Christ, the Episcopal Church, Presbyterian Church, and the Unitarian Universalist Association. The 2012 Democratic Party
Platform endorsed the pro-choice position, stating, "The Democratic Party strongly and unequivocally supports Roe v. Wade and a
woman’s right to make decisions regarding her pregnancy, including a safe and legal abortion, regardless of ability to pay. We oppose
any and all efforts to weaken or undermine that right." [55] However, 31% of Democrats consider themselves pro-life. [80]
Some prominent pro-life organizations include The National Right to Life Committee, Pro-Life Action League, Operation Rescue, the
Catholic Church, the Eastern Orthodox Church, Americans United for Life, the National Association of Evangelicals, Family Research
Council, Christian Coalition of America, and the Church of Jesus Christ of Latter-Day Saints (Mormon Church). [6] The 2012 Republican
Party Platform opposed abortion, stating, "Faithful to the 'self-evident' truths enshrined in the Declaration of Independence, we assert the
sanctity of human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed." [56] However,
26% of Republicans are pro-choice. [80]
Public Opinion
In May 2014, Gallup reported that 46% of Americans consider themselves pro-life and
47% say they are pro-choice. [79] Gallup also found that more Americans think abortion
should be "legal under any circumstances" (28%) than those who want abortion to be
"illegal in all circumstances" (21%). 50% of Americans say abortion should be "legal only
under certain circumstances." [79]
In a Gallup poll taken in Jan. 2015, 34% of Americans said they were satisfied with
current US abortion policies, which is the lowest level of satisfaction in 15 years of
polling. Most dissatisfaction was voiced by Republicans, and twice as many people were
dissatisfied because abortion laws are too loose (24%) than the number of people
dissatisfied because abortion laws were too strict (12%). [165]
In Jan. 2013, Pew Research found that most Americans (63%) "say they would not like
to see the court completely overturn the Roe v. Wade decision." 29% would like Roe v.
Wade to be overturned. [94] A 2013 Pew Research survey found that 70% of people who
attend religious services at least once a week say abortion is morally wrong, compared
with just 32% of people who rarely or never attend services. [2]
(Click to enlarge image)
Bob Englehart's 1981 political cartoon "When
Does Life Begin?," originally published by The
Hartford Courant
Source: "Cartoon Plagiarism Case Offers a
Metaphor for the Abortion Debate,"
www.ideagrove.com, Nov. 15, 2005
Abortion Procedures
Surgical abortion (aka suction curettage or vacuum curettage) is the most common type of abortion procedure. It involves using a suction
device to remove the contents of a pregnant woman's uterus. Surgical abortion performed later in pregnancy (after 12-16 weeks) is
called D&E (dilation and evacuation). [81] [82] The second most common abortion procedure, a medical abortion (aka an "abortion pill"),
involves taking medications, usually mifepristone and misoprostol (aka RU-486), within the first seven to nine weeks of pregnancy to
induce an abortion. [39] The Centers for Disease Control and Prevention (CDC) found that 64.5% of abortions performed in 2011 were
performed at or less than 8 weeks gestation, and 91.4% were performed at or less than 13 weeks gestation. 79.6% were performed by
surgical procedure, while 19.1% were medical abortions. [161] In 2009, the average amount paid by US women for a surgical abortion at
10 weeks gestation was $451. For a medical abortion, the average amount paid was $483. [146] Abortions performed in physicians'
offices are generally more expensive than those obtained at an abortion clinic, and abortions performed later in pregnancy are usually
more expensive also. Abortions after 20 weeks gestation can cost over $1,000. [147]
Early History
Abortion techniques were developed as early as 1550 BC, when the Egyptian medical text Ebers Papyrus suggested that the vaginal
insertion of plant fiber covered with honey and crushed dates could induce an abortion. Abortion was an accepted practice in ancient
Greece and Rome. Greek philosopher Aristotle (384–322 B.C) wrote that "...when couples have children in excess, let abortion be
procured before sense and life have begun..." [86] In the latter days of the Roman Empire, abortion was considered not as homicide but
as a crime against a husband who would be deprived of a potential child. [87] [86]
Throughout much of Western history, abortion was not considered a criminal act as long as it was performed before "quickening" (the first
detectable movement of the fetus, which can occur between 13-25 weeks of pregnancy). [86] [88] American states derived their initial
abortion statutes from British common law, which followed this principle. [106] Until at least the early-1800s, abortion procedures and
methods were legal and openly advertised throughout the United States. [89] [91] Abortion was unregulated, however, and often unsafe.
[90]
In 1821, Connecticut became the first state to criminalize abortion. The state banned the selling of an abortion-inducing poison to
women, but it did not punish the women who took the poison. Legal consequences for women began in 1845 when New York
criminalized a woman's participation in her abortion, whether it took place before or after quickening. [41] In the mid-1800s, early pro-life
advocate Dr. Horatio Robinson Storer (1830-1922) convinced the American Medical Association to join him in campaigning for the
outlawing of abortion nationwide. [92] [90] By the early 1900s, most states had banned abortion. By 1965, all 50 states had outlawed
abortion, with some exceptions varying by state. [42]
The motivation behind these early abortion laws has been disputed. Some writers argue
that the laws were not aimed at preserving the lives of unborn children, but rather were
intended to protect women from unsafe abortion procedures [90], or to allow the medical
profession to take over responsibility for women's health from untrained practitioners. [86]
Others say that pro-life concerns were in fact already prevalent and were a major
influence behind the efforts to ban abortion. [93]
Roe v. Wade
Federal action on abortion didn't occur until Roe v. Wade, which declared most state
anti-abortion laws unconstitutional. The high court’s 7-2 decision established rules based
on a pregnancy trimester framework, banning legislative interference in the first trimester
Demonstrators holding pro-choice and pro-life
of pregnancy (0-12 weeks), allowing states to regulate abortion during the second
signs
Source: "New Pew Poll Shows Support for Legal
trimester (weeks 13-28) "in ways that are reasonably related to maternal health," and
Abortion Drops to Lowest Level in 15 Years,"
allowing a state to "regulate, and even proscribe" abortion during the third trimester
LifeNews.com, Apr. 29, 2009
(weeks 29-40) "in promoting its interest in the potentiality of human life," unless an
abortion is required to preserve the life or health of the mother. [49] [95] The decision also
allowed states to prohibit abortions performed by anyone who is not a state-licensed physician. [49]
(Click to enlarge image)
The initial Roe v. Wade lawsuit was filed at the Dallas federal district courthouse on Mar. 3, 1970 by pregnant Texas resident Norma
McCorvey, named in court documents as "Jane Roe." Henry Wade, Dallas County District Attorney from 1951 to 1987, was the named
defendant. McCorvey was seeking to end her pregnancy, but abortion was illegal in Texas except to save the mother's life. [96] [97]
McCorvey said the pregnancy was the result of rape, but she later retracted that claim, admitting she lied in the hope of increasing her
chances of procuring an abortion. The baby was eventually delivered and given up for adoption. [123] McCorvey later abandoned her
support of abortion rights, becoming a pro-life activist and an evangelical Christian in 1995. She then converted to Catholicism and took
part in silent prayer vigils outside abortion clinics. [100]
Federal Regulation
Immediately following Roe v. Wade, pro-life proponents pushed for federal legislation that would restrict abortion. In 1976, Congress
passed the appropriations bill for the Departments of Labor, Health, Education, and Welfare (now the Department of Health and Human
Services) which included an amendment ending Medicaid funding for abortions. Known as the "Hyde Amendment," this provision
banning federal funding for abortions has been renewed with various revisions every year since its inception.
At the Aug. 1984 United Nations International Conference on Population held in Mexico City, Mexico, President Ronald Reagan
announced the Mexico City Policy, [60] which restricted all non-governmental organizations funded by the US Agency for International
Development (USAID) from performing or promoting abortion services. President Bill Clinton rescinded the policy on Jan. 22, 1993, and
on Jan. 22, 2001, President George W. Bush reenacted it. On Jan. 23, 2009, President Barack Obama issued a memorandum again
rescinding the policy, stating that its conditions "undermined efforts to promote safe and
effective voluntary family planning programs in foreign nations." [61]
On June 29, 1992 the US Supreme Court case Planned Parenthood of Southeastern
Pennsylvania v. Casey [57] (5-4) upheld the constitutional right to have an abortion, but it
abandoned the "rigid trimester framework" outlined in Roe v. Wade and adopted a less
restrictive standard for state regulations. The decision allowed states to impose waiting
periods before a woman can obtain an abortion, allowed some legislative interference in
the first trimester in the interests' of a woman's health, and permitted parental consent
requirements for minors seeking abortions. [107] The Court ruled that none of these
conditions imposed an "undue burden" upon women seeking abortions, but some prochoice advocates warned that Roe v. Wade had been significantly weakened and that
states would limit abortion access. [108] [109]
On Nov. 5, 2003, after passing in the US House of Representatives (281-142) and the
US Senate (64-34), the Partial-Birth Abortion Ban Act of 2003 [58] was signed into law by
President George W. Bush. This federal legislation banned physicians from providing
intact dilation and extraction (aka "partial-birth" abortion), a late-term (after 21 weeks
gestation) method which accounted for 0.17% of abortion procedures in 2000. [43] The
(Click to enlarge image)
A coat-hanger is a frequently used symbol for
abortion rights
Source: "Celebrating 25 Years of Decriminalized
Abortion in Canada, gender-focus.com, Jan. 26,
2013
act defines a "partial-birth abortion" as "an abortion in which the [provider] deliberately and intentionally vaginally delivers a living fetus
until... the entire fetal head is outside the body of the mother, or... any part of the fetal trunk past the navel is outside the body of the
mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus." Pro-choice advocates
challenged the constitutionality of the Partial-Birth Abortion Ban Act of 2003; however, the Apr. 18, 2007 US Supreme Court case
Gonzales v. Carhart/Gonzales v. Planned Parenthood [59] upheld the act, ruling 5-4 that it did not impose "an undue burden on a
woman's right to abortion."
The topic of abortion was raised during the 2009-2010 US Congress health care debate. Some pro-life advocates said the Patient
Protection and Affordable Care Act would allow federal funding for abortions, a claim denied by abortion rights supporters. To ensure
passage of the bill, President Obama signed an executive order "to establish an adequate enforcement mechanism to ensure that
Federal funds are not used for abortion services," re-affirming Hyde Amendment restrictions and extending them to cover the newly
created health insurance exchanges. [63]
State Restrictions
State restrictions on abortion access increased sharply after the 2010 midterm elections, in which Republicans gained at least 675 state
legislative seats, the biggest gain made by any party in state legislatures since 1938. [162] The number of new restrictions rose from 23 in
2010 to 92 in 2011, and more restrictions (205) were enacted between 2011 and 2013 than were adopted during the whole previous
decade (189 between 2001 and 2010). [103] [104] [105] In 2014, states enacted 26 new restrictions. [163] As of Jan. 2015, 57% of women
live in states the Guttmacher Institute considers either "hostile" or "extremely hostile" to abortion rights, based on the number of
restrictions they impose (four or five kinds of restrictions equals "hostile," while six or more equals "extremely hostile.") [163]
On Apr. 13, 2010, Nebraska's Republican Governor Dave Heineman signed a law
banning abortions at or after 20 weeks gestation on the theory that a fetus can feel pain
by that time. The law was the first in the United States to restrict abortions based on fetal
pain. [47] After Nebraska's law was passed, several other states enacted similar laws.
[101] On Mar. 6, 2013, Idaho's fetal pain law was the first to be struck down by a federal
court. On Jan. 13, 2014, the US Supreme Court declined to review a similar ruling made
against Arizona's fetal pain law. [102]
(Click to enlarge image)
Anti-abortion sign and wooden crosses placed
outside the Whole Woman's Health abortion
provider in McAllen, TX
Source: "Anti-Abortion Groups Push New Round
of Abortion Rules in Texas," nytimes.com, Nov.
22, 2012
On Apr. 27, 2010, the Oklahoma legislature signed a law requiring pregnant women
seeking an abortion to undergo an ultrasound and listen to a detailed description of the
fetus's heart, limbs, and organs. While other states had passed laws requiring women to
undergo an ultrasound before having an abortion, Oklahoma's law was the first that
required women to watch the monitor and listen to a detailed description of the fetus. [48]
On Mar. 29, 2011, Arizona became the first state to criminalize abortions based on the
sex or race of a fetus. The bill, signed into law by Republican Governor Jan Brewer, was
opposed by Democrats, who said there was little evidence that sex- or race-selection
abortions were taking place in the state. [64] In Mar. 2013, North Dakota outlawed
abortions as early as six weeks after a woman's last menstrual period, when a fetal heartbeat can first be detected. Like several other
state abortion laws, the North Dakota law has been stayed by a federal judge, pending appeals. [110]
As of Mar. 27, 2014, one third of Texas' abortion clinics were forced to close following the enactment of a controversial 2013 Texas law
that requires doctors performing abortions to have hospital admitting privileges, among other restrictions. Six abortion providers were
expected to remain open in Texas by the end of 2014, down from 36 before the law was passed. The Texas law gained extra media
attention when state Senator Wendy Davis (D) tried unsuccessfully to block the bill with an 11-hour filibuster in June 2013. [111] [112]
Abortion Statistics
From Roe v. Wade through 2011, nearly 53 million legal abortions were performed in the United States – an average of about 1.4 million
abortions per year. [84] One out of five pregnancies (excluding miscarriages) end in abortion, and each year 1.7% of women aged 15-44
have an abortion. At 2008 abortion rates, one in ten US women will have an abortion before age 20, one in four by 30, and three in ten
by 45. 18% of women having an abortion are teenagers, while most women having abortions are in their 20s: 33% aged 20-24 and 24%
aged 25-29. [13] The US abortion rate fell 29% between 1990 and 2005, from 27.4 to 19.4 abortions per 1,000 women of childbearing
age, before leveling out from 2005-2008, according to a Mar. 2011 Guttmacher Institute study. [65] Between 2008 and 2011, the abortion
rate dropped again by 13% to its lowest point since 1973: 17 abortions for every 1,000 women. Pro-choice supporters credited an
increased use of new birth control methods such as Mirena (an intra-uterine device that can last for several years) as one of the reasons
for the decline. Pro-life groups credited an increase in anti-abortion laws at the state level amongst other factors, although abortion rates
dropped faster than the national average in some states that had not enacted abortion restrictions, such as Illinois, where the rate
dropped by 18%. [13] [85] [121]
There were 1,720 abortion providers and 839 abortion clinics (facilities where 50% or
more patient visits are for abortion services) in the United States in 2011. However, 89%
of US counties did not provide abortion services, with 38% of women living in those
counties. [124] From 2011 to 2013, at least 73 abortion clinics closed. About half of those
clinics were forced to close as a result of new state laws restricting abortion, according to
Bloomberg Businessweek. [125] However, the number of abortion providers has been
declining since 1984, after it reached a peak of 2,908 providers in 1982. Pro-choice
advocates believe increased clinic violence has contributed to this downward trend.
According to the National Abortion Federation, a professional association of abortion
practitioners, at least 222 arson attacks/bombings were committed against abortion
providers between 1977 and 2012, with at least another 99 attempted arson
attacks/bombings. Additionally, at least eight abortion providers were murdered during
that time and there were at least 17 attempted murders of clinic staff and physicians. [99]
Mainstream pro-life leaders and organizations have publicly denounced violence
committed against abortion providers and clinics. [98]
(Click to enlarge image)
The world’s abortion laws as of Sep. 2011
Source: Center for Reproductive Rights,
www.reproductiverights.org, Sep. 2011
Video Gallery
1973 CBS Evening News with …
Five States Move to Restrict A…
CBS Evening News broadcast hosted by Walter Cronkite,
PBS NewsHour report on the increase in state abortion restrictions,
reporting on the Roe v. Wade decision.
featuring a debate between Charmaine Yoest, President of
Source: "1973 CBS Evening News with Walter Cronkite (1/22/73),"
Americans United for Life, and Ilyse Hogue, President and CEO of NARAL Pro-
YouTube.com, Jan. 22, 1973
Choice America.
Source: "Five States Move to Restrict Access to Abortion Services," YouTube.com,
Apr. 30, 2013
40 years of NARAL Pro-Choice…
1973 CBS Evening News with Walt…
NARAL Pro-Choice America video commemorating the
organization's 40th anniversary and reaffirming support for Roe
v. Wade.
Source: "40 Years of NARAL Pro-Choice America," YouTube.com
(accessed June 1, 2011)
Abortion commentary from Brit Hume, Senior Political Analyst for FOX
News Channel, on the program Special Report.
Source: "Hume Reflects on the 41st Anniversary of Roe v. Wade,"
video.foxnews.com, Jan. 22, 2014
Notices for Abortion and Other ProCon.org Information (archived after 30 days)
Archived Notices (archived after 30 days)
Last updated on 3/7/2016 9:35:26 AM PST
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