Joelle Ho

Writing 39C
Broadbent
25 April 2018
Abortion Laws in the United States

“The greatest destroyer of peace is abortion because if a mother can kill her own child, what is
left for me to kill you and you to kill me? There is nothing between.” - Mother Teresa

The Oxford Dictionary defines abortion as “the deliberate termination of a human

pregnancy.” For years, this word has struck fear into the hearts of many Americans. Abortion was
legal at the time the first English settlers arrived, however states began to criminalize it during
the mid-1800s. It is believed that the main reasoning behind this was that many “native” Anglo-
Saxon women (Germanic inhabitants of England) in the United States were having abortions,
whereas foreign immigrant women were not. People were afraid that this would lead to the
demise of the Anglo-Saxon race (Beisel). It was not until 1973, over one-hundred years later, that
abortion would be made legal again.
Before then, the controversial nature of abortion polarized
people into either Pro-Life or Pro-Choice groups. Pro-Life
activists argue that an unborn baby is still considered a human
being by the government and therefore, terminating a
pregnancy would be considered murder. According to this
belief, abortion practice should be made illegal due to its
unethical nature. Some Pro-Life arguments also tie in religious
beliefs that fall along the lines of the acknowledgment of the
sanctity of the unborn child’s life. Whereas Pro-Choice activists
believe that prior to the point of viability, a woman should have
the choice to terminate her own pregnancy without government
involvement. They do not consider it “murder” because prior to
viability, the underdeveloped fetus is not able to survive outside
of the womb. Both sides have completely opposing viewpoints
which is what makes this topic so controversial.
In 1973, an infamous court case took place in the United States. In Roe v. Wade, the Court
reviewed a law in Texas that prohibited abortion from taking place in its state unless the mother’s
life was in danger. The state placed this restriction because of their Pro-Life viewpoints–that a
fetus is still considered a human being and that their life should be protected by the government.
Nevertheless, the Court’s final decision was that a woman’s right to abortion fell under the right
to privacy, protected by the Fourteenth Amendment.
However, in 1989, another case surrounding abortion was presented to the Court. In
Webster v. Reproductive Health Services, the Court upheld a regulation in Missouri that required
women to get viability tests performed by physicians before getting an approved abortion. It also
Joelle Ho
Writing 39C
Broadbent
25 April 2018
prohibited the use of public facilities for the performance of an abortion. This decision sent a
message to other states that they could enact different laws to regulate abortion practice in their
states. States that sway towards the Pro-Life side have taken advantage of this by placing
restrictions on abortions to make it more difficult for women to have access to them. A study
conducted in 2008 estimated that around 4,000 women were denied an abortion in that year alone
due to limits on gestational age in certain states (Upadhyay). For example, the Governor of North
Dakota signed a law in March 2013 that bans abortions as early as six weeks after a woman’s last
menstrual period. Many other states have also placed bans on abortions around 12 weeks, 20
weeks, and 24-28 weeks into a woman’s term.
Additionally, some states such as Alabama, Arizona, Idaho, etc., have enacted laws
requiring minors to obtain permission from their parents/legal guardians to have an abortion,
while others require parents to be informed of the abortion 48 hours before the procedure, or
simply have no requirements at all (Planned Parenthood). Similarly, a new law in Arkansas
requires a woman to obtain permission from the man who impregnated her before having an
abortion, including rape victims (Forester). All of these restrictions regarding permission send
the message to American women what they are not free to make their own life decisions, and that
their right to do what they want to their bodies is not respected in the United States.
These restrictions cause many issues for women trying to terminate their pregnancies
because they have to take more steps than necessary that might deter them from undergoing the
procedure. Recently, the Trump administration tried to deny a 17 year old undocumented teen in
Texas from receiving an abortion. A federal appeals court sided with the girl and ordered the
Trump administration to allow the girl to have her abortion immediately. At 16 weeks pregnant,
time was of the essence since Texas prohibits abortions after 20 weeks. The girl, referred to as
Jane Doe, and her lawyers claim that the federal officials have been deliberately delaying the
case by requiring her to undergo counseling at a religiously affiliated pregnancy center, which
urged her to continue with her pregnancy (Vasquez). Undocumented women under federal
custody are allowed to obtain abortions in the United States, however the Trump administration
used its power to delay the procedure from happening. Their actions demonstrate how the
country is only moving backwards in terms of abortion laws, and creates fear and worry for
many young women in the United States.
Additionally, in 2013, a new law in
Texas limited abortions to only take place
in surgical centers, including abortions
using the pill (CBS/AP). Unfortunately,
only 5 out of 42 abortion clinics were
certified surgical centers, which further
limited women’s access to abortions. The
Joelle Ho
Writing 39C
Broadbent
25 April 2018
effects of this law are evident in the amount of women who decided to take matters into their
own hands. Researchers conducted a study in Texas that resulted in an estimated
100,000-200,000 women who had attempted to self-induce an abortion (Grossman). These
women felt as though they did not have adequate access to clinic-based care and decided to
perform the procedure themselves. Whether this be through ineffective herb remedies,
medications brought in from Mexico, or through violent actions such as blunt trauma to the
abdomen, these self-induced attempts pose a high health risks to the mother.