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​ Historical context

Before the U.S. became independent in 1776, abortion was allowed in the early stages of pregnancy. In the
mid-19th century abortion started to get banned in every state, but some states still allowed it if the life of a woman was in
danger.

In the mid-19th century abortion was not allowed after “quickening”-- generally after 4 months of pregnancy. This
is where the fetus starts to move. Catholics call it “ensoulment,” where God puts a soul into a fetus to make a human
being. This is from the ​Commentaries on the Laws of England. ​Before the 19th century abortion was punished. Abortion
was usually performed by midwives that assisted in childbirth. In 1821 abortion was also done by a substance that
induced abortion. This was really bad for the health of a pregnant woman. This was used after “quickening.” By 1860,
about 85% of states had laws stating abortion was a felony even if the mother's life was at risk. The American Medical
Association (AMA), founded in 1847, licensed physicians. They wanted tighter restrictions on abortion, saying that
physicians were best equipped for the procedure. In the late 19th century, about 2 million abortions were performed every
year. The Comstock Act of 1873 made it illegal to send “obscene, lewd, and/or lascivious” material including abortion, in
the mail. In the late 1920s, around 15,000 women had died from abortion, because the poor who could not travel outside
of there state to get an abortion had to get a “ back alley” abortion which was really dangerous.

In the second half of the 20th century, with new technology, people were able to see the fetus in the womb. This
made people oppose abortion even more. In 1960, the birth control pill gave women more control over their bodies. The
Catholic Church made birth control equal to abortion in terms how wrong it is. In 1962, a woman became pregnant with
her fifth child, and had taken sleeping pills that caused harm to the fetus. Since she couldn’t get an abortion in the U.S.,
she had to fly to Sweden to get it. Two years later, rubella, also known as German measles, swept across the U.S., which
affected pregnant woman and could cause fetal deformity. (NARAL) National Abortion Rights Action League persuaded
legislatures to loosen the abortion laws to allow these women to legally get abortions. In 1966 Mississippi allowed
abortion in cases of rape. Alaska, California, Oregon and North Carolina followed by allowing abortion in cases of rape,
incest, or severe fetal deformity. In 1970 Alaska, New York, Hawaii, and Washington state allowed abortion on demand.

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