Abortion in the United States

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Abortion in the United States is a highly-charged issue = involving=20 significant political and ethical debate. In medical terms, the word = abortion=20 refers to any pregnancy that does = not end in=20 a live birth and therefore can refer to a miscarriage or a = premature=20 birth that does not result in a live infant. Such events are often = called spontaneous=20 abortions if they occur before 20 weeks of gestation. In common = parlance,=20 however, abortion is used to mean "induced abortion" of an embryo or fetus at any point in = pregnancy,=20 and this is also how the term is used in a legal sense.^[1]

Abortion=20 by country
Part of the abortion=20 series

Countries

Argentina=
Australia=
Brazil
Canada
Chile
Czec= h=20 Republic
El=20 Salvador
Finland
= France
Germany
= Guatemala=
Iceland
= India
Iran
Ireland
= Italy

Israel
Japan
Mexico
Netherl= ands
New=20 Zealand
Norway
Nicaragua=
Philipp= ines
Romania
= Russia
South=20 Africa
Sweden
Switzerland=
Unit= ed=20 Kingdom
United=20 = States

1 Current legal=20 situation=20
2 Statistics=20
- 2.1 Number of = abortions in=20 United States=20
- 2.2 Abortions = and=20 ethnicity=20
- 2.3 Reasons for = abortions=20
- 2.4 When women = have=20 abortions (in weeks from conception)
3 Public = opinion=20
- 3.1 By gender, = party, and=20 region=20
- 3.2 By = trimester of=20 pregnancy=20
- 3.3 By = circumstance or=20 reasons=20
- 3.4 Additional=20 polls=20
- 3.5 Partial = birth=20 abortion
4 Abortion before = Roe=20
5 Roe v. = Wade=20
- 5.1 Jane Roe = and Mary=20 Doe
6 Later judicial=20 decisions=20
7 Legislative=20 developments=20
8 Positions of = U.S. political=20 parties=20
- 8.1 The US = Republican=20 Party=20
- 8.2 The US = Democratic=20 Party
9 Effects of=20 legalization=20
10 Opposition to=20 abortion=20
- 10.1 Pro-life=20 organizations
11 Notes=20
12 See = also=20
13 External = links=20

[edit]=20 Current legal situation

=20

Parental notification and consent laws in the U.S. = No=20 parental notification or consent laws One=20 parent must be informed beforehand Both=20 parents must be informed beforehand One=20 parent must consent beforehand Both=20 parents must consent beforehand Parental=20 notification law currently enjoined Parental=20 consent law currently enjoined

=20

Mandatory waiting period laws in the U.S. No=20 mandatory waiting period Waiting=20 period of less than 24 hours Waiting=20 period of 24 hours or more Waiting=20 period law currently enjoined

=20

Informed consent laws in the U.S. No=20 mandatory counselling Counselling=20 in person, by phone, mail, and/or other Counselling=20 in person only Counselling=20 law enjoined

The current judicial interpretation of the U.S. Constitution = regarding abortion in the=20 United States, = following=20 the = Supreme=20 Court of the United States's 1973 landmark decision in Roe v.=20 Wade, and subsequent companion decisions, is that abortion is = legal but=20 may be restricted by the states to varying degrees. States have passed = laws to=20 restrict late term abortions, require parental notification for minors, = and=20 mandate the disclosure of abortion risk information to patients prior to = treatment.

The official report of the U.S. Senate Judiciary Committee, issued in = 1983=20 after extensive hearings on the Human Life=20 Amendment (proposed by Senators Orrin Hatch and Thomas = Eagleton), stated=20 what substantially remains true today:

=E2=80=9C Thus, the [Judiciary] Committee observes that no = significant=20 legal barriers of any kind whatsoever exist today in the United = States for=20 a woman to obtain an abortion for any reason during any stage of = her=20 pregnancy. ^[2] =E2=80=9D

One aspect of the legal abortion regime now in place has been = determining=20 when the fetus is=20 "viable"=20 outside the womb as a measure of when the "life" of the fetus is its own = (and=20 therefore subject to being protected by the state). In the majority = opinion=20 delivered by the court in Roe v. Wade, viability was defined as=20 "potentially able to live outside the woman's womb, albeit with = artificial aid.=20 Viability is usually placed at about seven months (28 weeks) but may = occur=20 earlier, even at 24 weeks." When the court ruled in 1973, the = then-current=20 medical technology suggested that viability could occur as early as 24 = weeks.=20 Advances over the past three decades have allowed fetuses that are a few = weeks=20 less than 24 weeks old to survive outside the woman's womb. These = scientific=20 achievements, while life-saving for premature babies, have made the=20 determination of being "viable" somewhat more complicated. As of 2006, = the=20 youngest child to survive a premature birth in the United States was a girl = born at the=20 Baptist Hospital of Miami at 21 weeks and 6 days' gestational = age.[3]

In comparison to other developed countries, the procedure is more = available=20 in the United States in terms of how late the abortion can legally be = performed.=20 However, in terms of other aspects such as government funding, privacy = for=20 non-adults, or geographical access, some U.S. states are far more = restrictive.=20 In France, unless the fetus is severely deformed or the woman's health = is at=20 risk, any abortion after the first twelve weeks is illegal. Canada is = more=20 permissive, allowing abortion throughout the entire pregnancy, while Australia= places=20 heavier restrictions on the procedure. In many countries the right to = abortion=20 has been legalized by respective parliaments, while in the U.S. the = right to=20 abortion has been deemed a part of a constitutional right to privacy by = the=20 Supreme Court.

Because of the split between federal and state law, legal access to = abortion=20 continues to vary somewhat by state. Geographic availability, however, = varies=20 dramatically, with 87 percent of U.S. counties having no abortion=20 provider.^[4]=20 Moreover, due to the Hyde Amendment, = many state = health=20 programs which poor women rely on for their health care do not cover = abortions; currently only 17 states (including California, Illinois and New = York)=20 offer or require such coverage.^[5]

The legality of abortion in the United States is frequently a major = issue in=20 nomination battles for the U.S. Supreme Court. However, nominees = typically=20 remain silent on the issue during their hearings, because it is an issue = that=20 may come before them as judges.

[edit]=20 Statistics

Because reporting of abortions is not mandatory, statistics are of = varying=20 reliability. The Centers= For=20 Disease Control (CDC) regularly compiles these statistics.

[edit]=20 Number of abortions in United = States

According to the Centers for Disease Control (CDC), there were = 854,122 legal=20 induced abortions in the US in 2003.^[6]

[edit]=20 Abortions and ethnicity

Abortions are much more common among minority women in the U.S. In = 2000-2001,=20 the rates among black and Hispanic women were 49 per 1,000 and 33 per = 1,000,=20 respectively, vs. 13 per 1,000 among non-Hispanic white women.[7]

[edit]=20 Reasons for abortions

In 2000, cases of rape or incest accounted for 1% of abortions.[8]=20 Another study, in 1998, revealed that women reported the following = reasons for=20 choosing an abortion:^[9]

25.5% Want to postpone childbearing=20
21.3% Cannot afford a baby=20
14.1% Has relationship problem or partner does not want pregnancy=20
12.2% Too young; parent(s) or other(s) object to pregnancy=20
10.8% Having a child will disrupt education or=20 job=20
7.9% Want no (more) children=20
3.3% Risk to fetal health=20
2.8% Risk to maternal health=20
2.1% Other

According to a 1987 study that included specific data about late = abortions (i.e.=20 abortions =E2=80=9Cat 16 or more weeks' gestation=E2=80=9D),^[10]=20 women reported that various reasons contributed to their having a late=20 abortion:

71% Woman didn't recognize she was pregnant or misjudged gestation =
48% Woman found it hard to make arrangements for abortion=20
33% Woman was afraid to tell her partner or parents=20
24% Woman took time to decide to have an abortion=20
8% Woman waited for her relationship to change=20
8% Someone pressured woman not to have abortion=20
6% Something changed after woman became pregnant=20
6% Woman didn't know timing is important=20
5% Woman didn't know she could get an abortion=20
2% A fetal problem was diagnosed late in pregnancy=20
11% Other

[edit]=20 When women have abortions (in weeks from=20 conception)

=20

Data source: Centers for Disease Control and = Prevention

[edit]=20 Public opinion

Generally speaking, in the United States induced abortions become = more=20 controversial the later they are performed into the pregnancy.

[edit]=20 By gender, party, and region

A January 2003 CBS News/New York = Times poll=20 examined whether Americans thought abortion should be legal or not, and = found=20 variations in opinion which depended upon gender, party=20 affiliation, and the region of the country. ^[11]=20 The margin of = error is +/-=20 4% for questions answered of the entire sample ("overall" figures) and = may be=20 higher for questions asked of subgroups (all other figures).^[11]

Group	"Generally available"	"Available, but with stricter limits than now"	"Not permitted"
Overall	39%	38%	22%
Women	37%	37%	24%
Men	40%	40%	20%
Democrats	43%	35%	21%
Republicans	29%	41%	28%
Independent= s	42%	38%	18%
Northeas= terners	48%	31%	19%
Midwestern= ers	34%	40%	25%
Southerners<= /A>	33%	41%	25%
Westerners	43%	40%	16%

[edit]=20 By trimester of pregnancy

A CNN/USA=20 Today/Gallup poll in January = 2003 asked=20 about the legality of abortion by trimester, using the = question,=20 "Do you think abortion should generally be legal or generally illegal = during=20 each of the following stages of pregnancy?" ^[12]=20 This same question was also asked by Gallup in March 2000 and July = 1996.[13]

	2003 Poll	2000 Poll	1996 Poll
	=E2=80=9CLegal=E2=80=9D	=E2=80=9CIllegal=E2=80=9D	=E2=80=9CLegal=E2=80=9D	=E2=80=9CIllegal=E2=80=9D	=E2=80=9CLegal=E2=80=9D	=E2=80=9CIllegal=E2=80=9D
First trimester	66%	29%	66%	31%	64%	30%
Second trimester	25%	68%	24%	69%	26%	65%
Third trimester	10%	84%	8%	86%	13%	82%

[edit]=20 By circumstance or reasons

A January 2006 CBS News poll = explored under=20 what circumstances Americans believe abortion should be allowed, asking = the=20 question, "What is your personal feeling about abortion?" The results = were as=20 follows:^[12]

"Permitted in all cases"	"Permitted, but subject to greater restrictions than it is = now"	"Only in cases such as rape, incest, or to save the woman's = life"	"Only permitted to save the woman's life"	"Never"
31%	16%	30%	12%	5%

[edit]=20 Additional polls

Main article: Societal=20 attitudes towards abortion

A June 2000=20 Los Angeles=20 Times survey found that, although 57% of polltakers considered = abortion to be "murder", half of that 57% believed in allowing women = access to=20 abortion. The survey also found that, overall, 65% of respondents did = not=20 believe abortion should be legal after the first trimester, including = 72% of=20 women and 58% of men. Further, the survey found that 85% of Americans = polled=20 supported abortion in cases of risk to a woman's physical health, 54% = if the=20 woman's mental health was at risk, and 66% if a congenital abnormality = was=20 detected in the fetus. ^[14]=20
A July 2002=20 Public Agenda poll found that 44% of men and 42% of women thought that = "abortion should be generally available to those who want it", 34% of = men and=20 35% of women thought that "abortion should be available, but under = stricter=20 than limits it is now", and 21% of men and 22% of women thought that = "abortion=20 should not be permitted". ^[15]=20
A January 2003=20 ABC=20 News/Washington = Post=20 poll also examined attitudes towards abortion by gender. In answer to = the=20 question, "On the subject of abortion, do you think abortion should be = legal=20 in all cases, legal in most cases, illegal in most cases or illegal in = all=20 cases?", 25% of women responded that it should be legal in "all = cases", 33%=20 that it should be legal in "most cases", 23% that it should be illegal = in=20 "most cases", and 17% that it should be illegal in "all cases". 20% of = men=20 thought it should be legal in "all cases", 34% legal in "most cases", = 27%=20 illegal in "most cases", and 17% illegal in "all cases". ^[15]=20
Most Americans favor both parental notification as well as = parental=20 consent, when a minor seeks an abortion. A Fox = News=20 poll in 2005 found=20 that 78% of people favor a notification requirement, and 72% favor a = consent=20 requirement.^[16]=20
An April 2006=20 Harris = poll on=20 Roe=20 v. Wade, asked, "In 1973, the U.S. Supreme Court decided that = states'=20 laws which made it illegal for a woman to have an abortion up to three = months=20 of pregnancy were unconstitutional, and that the decision on whether a = woman=20 should have an abortion up to three months of pregnancy should be left = to the=20 woman and her doctor to decide. In general, do you favor or oppose = this part=20 of the U.S. Supreme Court decision making abortions up to three months = of=20 pregnancy legal?", to which 49% of respondents indicated favor while = 47%=20 indicated opposition. The Harris organization has concluded from this = poll=20 that "49 percent now support Roe vs. Wade."^[17]=20
Two polls were released in May of 2007 asking Americans = "With=20 respect to the abortion issue, would you consider yourself to be = pro-choice or=20 pro-life?" May 4th through 6th, a CNN poll found 45% said pro-choice = and 50%=20 said pro-life.^[18]=20 Within the following week, a Gallup poll found 49% responding = pro-choice and=20 45% pro-life. ^[19]=20

[edit]=20 Partial birth abortion

See also: Part= ial-Birth=20 Abortion Ban Act

A Rasmussen = Reports poll=20 four days after the Supreme Court's opinion in Gonzales v.=20 Carhart found that 40% of respondents "knew the ruling allowed = states to=20 place some restrictions on specific abortion procedures." Of those who = knew of=20 the decision, 56% agreed with the decision and 32% were opposed.[20]=20 An ABC poll from 2003 found that 62% of respondents thought = "partial-birth=20 abortion" should be illegal; a similar number of respondents wanted an = exception=20 "if it would prevent a serious threat to the woman's health." Additional = polls=20 from 2003 found between 47=E2=80=9370% in favor of banning partial-birth = abortions and=20 between 25=E2=80=9340% opposed.^[21]=20 "Partial-birth abortion" is a non-medical term for a procedure called inta= ct=20 dilation and extraction.

[edit]=20 Abortion before Roe

=20

Abortion laws in the U.S. prior to Roe. = Illegal=20 Legal=20 in case of rape Legal=20 in case of danger to woman's health Legal=20 in case of danger to woman's health, rape or incest, or likely damaged=20 fetus Legal=20 on request

There were few laws on abortion in the United States at the time of=20 independence, except the common law adopted = from=20 England, which held abortion to be legally acceptable if occurring = before quickening= . James=20 Wilson, a framer of the U.S. Constitution, explained as follows:

=E2=80=9C With consistency, beautiful and undeviating, human = life, from=20 its commencement to its close, is protected by the common law. In = the=20 contemplation of law, life begins when the infant is first able to = stir in=20 the womb. By the law, life is protected not only from immediate=20 destruction, but from every degree of actual violence, and, in = some cases,=20 from every degree of danger.^[22] =E2=80=9D

Various anti-abortion statutes began to appear in the 1820s. In 1821, = Connecticut passed = a statute=20 targeting apothecaries who = sold poisons=20 to women for purposes of abortion, and New York made = post-quickening=20 abortions a felony and pre-quickening abortions a misdemeanor eight = years later.=20 It is sometimes argued that the early American abortion statutes were = motivated=20 not by ethical concerns about abortion but by worry about the safety of = the=20 procedure, but some legal theorists believe that this theory is = inconsistent=20 with the fact that abortion was punishable regardless of whether any = harm befell=20 the pregnant woman and that many of the early statutes punished not only = the=20 doctors or abortionists, but also punished the women who hired them.^[23]=20 Many early feminists, including Susan B. = Anthony and Elizabeth = Cady=20 Stanton, argued against abortion for a variety of reasons. The = former=20 wrote:

=E2=80=9C Guilty? Yes, no matter what the motive, love of ease, = or a=20 desire to save from suffering the unborn innocent, the woman is = awfully=20 guilty who commits the deed. It will burden her conscience in = life, it=20 will burden her soul in death; but oh! thrice guilty is he who, = for=20 selfish gratification, heedless of her prayers, indifferent to her = fate,=20 drove her to the desperation which impels her to the crime.[24] =E2=80=9D

The criminalization movement accelerated during the 1860s, and by = 1900=20 abortion was largely illegal in every state. Some states did include = provisions=20 allowing for abortion in limited circumstances, generally to protect the = woman's=20 life or pregnancies due to rape or incest. Abortions continued to occur, = however, and increasingly became readily available. Illegal abortions = were often=20 unsafe, sometimes resulting in death, as in the case of Gerri Santoro of = Connecticut in 1964.

Some activist groups developed their own skills to provide abortions = to women=20 who could not obtain them elsewhere. As an example, in Chicago, a group = known as=20 "Jane" operated a floating abortion clinic throughout much of the 1960s. = Women=20 seeking the procedure would call a designated number and be given = instructions=20 on how to find "Jane".

In 1965, following the Supreme Court=E2=80=99s decision in Griswold = v.=20 Connecticut declaring a constitutional right to contraceptives, = the American=20 College of Obstetricians and Gynecologists (ACOG) issued a controversial=20 medical bulletin declaring that drugs which halted human = reproduction=20 between fertilization and implantation were contraceptives = instead of=20 abortifacients.<= /P>

In 1967, Colorado became the = first state=20 to legalize abortion in cases of rape, incest, or in which pregnancy = would lead=20 to permanent physical disability of the = woman.=20 Similar laws were passed in California, Oregon, and North=20 Carolina. In 1970, New York repealed its 1830 law and allowed = abortions up=20 to the 24th week of pregnancy on demand. Similar laws were soon passed = in Alaska, = Hawaii, = and Washington.=20 A law in Washington, = DC, which=20 allowed abortion to protect the life or health of the woman, was = challenged in=20 the = Supreme=20 Court in 1971 in United=20 States v. Vuitch. The court upheld the law, deeming that = "health" meant=20 "psychological and physical well-being," essentially allowing abortion = on demand=20 in Washington, DC. By the end of 1972, 13 states had a law similar to = that of=20 Colorado, while Mississippi = allowed abortion=20 in cases of rape or incest only and Alabama allowed = abortions in=20 cases of the woman's physical health. Thirty-one states still allowed = abortion=20 to protect the woman's life only. In order to obtain abortions during = this=20 period, women would often travel from a state where abortion was illegal = to=20 states where it was legal.

[edit]=20 Roe v. Wade

Main article: Roe v.=20 Wade

=20

The United = States=20 Supreme Court membership in 1973.

In deciding Roe v. Wade, = the Supreme=20 Court ruled that a Texas statute forbidding = abortion=20 except when necessary to save the life of the woman was = unconstitutional. The=20 Court arrived at its decision by concluding that the issue of abortion = and=20 abortion rights falls under the right to = privacy. In=20 its opinion it listed several landmark cases where the court had = previously=20 found that right implied by the Constitution. The court held that a=20 first-trimester embryo or fetus was not a person = under the=20 Constitution, and that a right to privacy existed and included the right = to have=20 an abortion. The court further ruled that the state could intervene to = restrict=20 abortion in the second trimester of development and could outlaw it = altogether=20 in the third trimester (about 4/5 of U.S. states forbid third-trimester = abortion=20 except as necessary for the woman's health, but which, as we see in Doe, = is=20 broadly defined.)

A central issue in the Roe case (and in the wider abortion = debate in=20 general) is whether human life begins at conception, birth, or at some = point in=20 between. The Court declined to make an attempt at resolving this issue, = noting:=20 "When those trained in the respective disciplines of medicine, = philosophy, and=20 theology are unable to arrive at any consensus, the judiciary, at this = point in=20 the development of man's knowledge, is not in a position to speculate as = to the=20 answer." Instead, it chose to point out that historically, under English = and=20 American common law and = statutes, "the=20 unborn have never been recognized...as persons in the whole sense" and = thus=20 fetuses are not legally entitled to the protection afforded by the right = to life=20 specifically enumerated in the Fourteenth Amendment. So rather than = asserting=20 that human life begins at any specific point, the court simply declared = that the=20 State has a "compelling interest" in protecting "potential life" at the = point of=20 viability.

The 1973 Companion case to Roe, Doe v. = Bolton,=20 expanded the right to abortion in the United States up to the moment of = birth if=20 her doctor "in his best clinical judgment", in light of the patient's = age,=20 "physical, emotional, psychological [and] familial" circumstances, finds = it=20 "necessary for her physical or mental health". However, this definition = of=20 "health" allowed any doctor willing to perform a late-term abortion the = legal=20 option to do so, thereby removing the trimester requirements of = Roe,=20 although they were not officially overturned until 1992.

[edit]=20 Jane Roe and Mary Doe

"Jane Roe" of the landmark Roe v. Wade lawsuit, whose real = name is Norma=20 McCorvey, is now a strong Pro-life advocate. = McCorvey=20 writes that she never had the abortion and became the "pawn" of two = young and=20 ambitious lawyers who were looking for a plaintiff who they could use to = challenge the Texas=20 state law prohibiting abortion. However, attorney Linda Coffee says she = doesn't=20 remember McCorvey having any hesitancy about wanting an abortion. [25]

"Mary Doe" of the companion Doe v. Bolton lawsuit, the mother = of three=20 whose real name is Sandra Cano, maintains that she never wanted or had = an=20 abortion and that the she is "ninety-nine percent certain that [she] did = not=20 sign" the affidavit to initiate the suit. ^[26]

[edit]=20 Later judicial decisions

The 1992 case of Planned= =20 Parenthood v. Casey overturned Roe's strict trimester = formula,=20 but reemphasized the right to abortion as grounded in the general sense = of=20 liberty and privacy protected under the Due Process = Clause of=20 the Fourteenth=20 Amendment to the United States Constitution: "If the right of = privacy means=20 anything, it is the right of the individual, married or single, to be = free from=20 unwarranted governmental intrusion into matters so fundamentally = affecting a=20 person as the decision whether to bear or beget a child." Advancements = in=20 medical technology meant that a fetus might be considered viable, and = thus have=20 some basis of a right to life, at 22 or 23 weeks rather than at the 28 = that was=20 more common at the time Roe was decided. For this reason, the old = trimester=20 formula was ruled obsolete, with a new focus on viability of the = fetus.

The Supreme Court continues to grapple with cases on the subject. On = April = 18, 2007 it = issued a ruling=20 in the case of Gonzales v.=20 Carhart, involving a Federal law entitled the Part= ial-Birth=20 Abortion Ban Act of 2003 which President George W. Bush = had signed=20 into law. The United States Supreme Court upheld the 2003 partial-birth = abortion=20 ban by a narrow majority of 5-4. The law stipulated that anyone breaking = the law=20 would get a prison sentence up to 2.5 years. The Supreme Court voted to = uphold=20 the national ban on the procedure opponents call "partial-birth = abortion"=20 (called inta= ct=20 dilation and extraction by the medical establishment), marking the = first=20 time the court has allowed a ban on any type of abortion since 1973. The = swing=20 vote, which came from moderate justice Anthony = Kennedy, was=20 joined by Justices Antonin Scalia, = Clarence = Thomas, and the=20 two recent appointees, Samuel Alito and = Chief=20 Justice John Roberts.

[edit]=20 Legislative developments

Since 1995, led by Congressional Repu= blicans,=20 the U.S.=20 House of Representatives and U.S. = Senate have=20 moved several times to pass measures banning the procedure of inta= ct=20 dilation and extraction, also commonly known as partial birth = abortion.=20 After several long and emotional debates on the issue, such measures = passed=20 twice by wide margins, but Pres= ident=20 Bill=20 Clinton vetoed=20 those bills in April 1996 and October 1997 on the grounds that they did = not=20 include health exceptions. Congressional supporters of the bill argue = that a=20 health exception would render the bill unenforceable, since the Doe v.=20 Bolton decision defined "health" in vague terms, justifying any = motive=20 for obtaining an abortion. Subsequent Congressional attempts at = overriding the=20 veto were unsuccessful.

On October=20 2, 2003, with a=20 vote of 281-142, the House=20 again approved a measure banning the procedure, called the Part= ial-Birth=20 Abortion Ban Act. Through this legislation, a doctor could face = up to=20 two years in prison and face civil lawsuits for performing such an = abortion. A=20 woman who undergoes the procedure cannot be prosecuted under the = measure. The=20 measure contains an exemption to allow the procedure if the woman's life = is=20 threatened. On October 21, 2003, the United States = Senate passed the same bill by a vote of 64-34, with a number of = Democrats=20 joining in support. The bill was signed by President George W. Bush = on November=20 5, 2003, but a=20 federal judge blocked its enforcement in several states just a few hours = after=20 it became public law. The Supreme Court upheld the nationwide ban on the = procedure in the case Gonzales v.=20 Carhart on April 18, 2007. The 5-4 ruling said the Partial = Birth=20 Abortion Ban Act does not conflict with previous Court decisions = regarding=20 abortion.

=20

Fetal homicide laws in the fifty states "Homicide"=20 or "murder". Other=20 crime against fetus. Depends=20 on age of fetus. Assaulting=20 mother.

The Unbo= rn=20 Victims of Violence Act, commonly known as "Laci and Conner's Law" = was=20 passed by Congress and signed into law by President Bush on April 1, 2004, allowing two = charges to be=20 filed against someone who kills a pregnant woman (one for the woman and = the one=20 for the fetus). It specifically bans charges against the woman and/or = doctor=20 relating to abortion procedures. Nevertheless, it has generated much = controversy=20 among pro-choice advocates. They view it as a potential step in the = direction of=20 banning abortion. Various states have also passed similar legislation, = on the=20 subject of feticide.

On March=20 6, 2006, South = Dakota=20 Governor Mike Rounds signed = into law=20 a pro-life=20 statute which made performing abortions a felony, and that law was=20 subsequently repealed in a November 7, 2006 referendum.[27]=20 On February 27, 2006, Mississippi=E2=80=99= s House Public=20 Health Committee voted to approve a ban on abortion, and that bill died = after=20 the House and Senate failed to agree on compromise legislation.[28]=20 Several states have enacted "trigger laws" which "would take effect if = Roe v.=20 Wade is overturned."^[29]

[edit]=20 Positions of U.S. political = parties

Though members of both major political parties come down on either = side of=20 the issue, the Republican=20 Party is often seen as being pro-life, since the = official=20 party platform recognizes the right of the unborn child to life. Republicans = for=20 Choice represents the minority of that party.

The Democratic=20 Party platform considers abortion to be a woman's right. Democ= rats for=20 Life of America represents the minority of that party. In 2006 = pollsters=20 found that 74% of Democrats favor the availability of abortion in most=20 circumstances.[1]=20 However, in 2004, forty-three percent (43%) of all Democrats believed = that=20 abortion "destroys a human life and is manslaughter."^[30]=20 Of Democratic National Convention delegates 64% believed that abortion = should be=20 generally available while only 37% of all Democratic voters believed = that it=20 should be generally available.[2] The same poll showed that more than half of = Democratic=20 voters believed that abortion should be generally available or available = with=20 some restrictions, however.

The US Gre= en=20 Party supports abortion as a woman's right.

The US Libertarian=20 Party officially supports abortion as a right, though there is a = division on=20 the issue among members. The Party, though, opposes any government = funding of=20 abortion.

In the United States the abortion issue has become deeply = politicized: in=20 2002, 84% of state Demo= cratic=20 platforms supported abortion while 88% of state Repu= blican=20 platforms opposed it. This divergence also led to Christian = Right=20 organizations like Christian = Voice, Chri= stian=20 Coalition and Moral Majority = having an=20 increasingly strong role in the Republican Party. This opposition has = been=20 extended under the Foreign Assistance Act: in 1973 Jesse Helms = introduced an=20 amendment banning the use of aid money to promote abortion overseas, and = in 1984=20 the Mexico City = Policy=20 prohibited financial support to any overseas organization that performed = or=20 promoted abortions. The "Mexico City Policy" was revoked by President=20 Bill Clinton and subsequently reinstated by President George W. = Bush.

The official platforms of the major=20 political parties in the US are as follows:

[edit]=20 The US Republican Party

"As a country, we must keep our pledge to the first guarantee of = the=20 Declaration of Independence. That is why we say the unborn child has a = fundamental individual right to life which cannot be infringed. We = support a=20 human life amendment to the Constitution and we endorse legislation to = make it=20 clear that the Fourteenth Amendment=E2=80=99s protections apply to = unborn children.=20 Our purpose is to have legislative and judicial protection of that = right=20 against those who perform abortions. We oppose using public revenues = for=20 abortion and will not fund organizations which advocate it. We support = the=20 appointment of judges who respect traditional family values and the = sanctity=20 of innocent human life." ^[31]=20
"Ban abortion with Constitutional amendment. We say the unborn = child has a=20 fundamental right to life. We support a human life amendment to the=20 Constitution and we endorse legislation that the 14th = Amendment=E2=80=99s protections=20 apply to unborn children. Our purpose is to have legislative and = judicial=20 protection of that right against those who perform abortions. We = oppose using=20 public revenues for abortion and will not fund organizations which = advocate=20 it. We support the appointment of judges who respect the sanctity of = innocent=20 human life." ^[32]=20
"Alternatives like adoption, instead of punitive action. Our goal = is to=20 ensure that women with problem pregnancies have the kind of support, = material=20 and otherwise, they need for themselves and for their babies, not to = be=20 punitive towards those for whose difficult situation we have only = compassion.=20 We oppose abortion, but our pro-life agenda does not include punitive = action=20 against women who have an abortion. We salute those who provide = alternatives=20 to abortion and offer adoption services." ^[33]=20

[edit]=20 The US Democratic Party

"Support right to choose even if mother cannot pay. Because we = believe in=20 the privacy and equality of women, we stand proudly for a woman's = right to=20 choose, consistent with Roe v. Wade, and regardless of her ability to = pay. We=20 stand firmly against Republican efforts to undermine that right. At = the same=20 time, we strongly support family planning and adoption incentives. = Abortion=20 should be safe, legal, and rare." ^[34]=20
"Choice is a fundamental, constitutional right. Democrats stand = behind the=20 right of every woman to choose. We believe it is a constitutional = liberty.=20 This year=E2=80=99s Supreme Court ruling show us that eliminating a = woman=E2=80=99s right to=20 choose is only one justice away. Our goal is to make abortion more = rare, not=20 more dangerous. We support contraceptive research, family planning,=20 comprehensive family life education, and policies that support healthy = childbearing." ^[35]=20

[edit]=20 Effects of legalization

Some supporters of legal abortion argue that legalization resulted in = a=20 dramatic decrease in women dying from abortion. From 1940 through 1970, = deaths=20 of pregnant women during abortion fell from nearly 1,500 to a little = over 100.=20 ^[36]=20 According to the Centers for Disease Control, the number of women who = died in=20 1972 from illegal abortion was thirty-nine (39). ^[37]=20 In 1960, Dr. Mary Calderone, a former director of Planned Parenthood, = said:

=E2=80=9C Abortion is no longer a dangerous procedure. This = applies not=20 just to therapeutic abortions as performed in hospitals but also = to=20 so-called illegal abortions as done by physician. In 1957 there = were only=20 260 deaths in the whole country attributed to abortions of any = kind....90=20 percent of all illegal abortions are presently being done by=20 physicians....Whatever trouble arises usually arises from = self-induced=20 abortions, which comprise approximately 8 percent, or with the = very small=20 percentage that go to some kind of non-medical abortionist....^[38] =E2=80=9D

After 1973, legalization of abortion led to an approximately tenfold = increase=20 in the total number of abortions, though there is some dispute over the=20 prelegalization statistics.^[39]

The Roe=20 effect is an unproven hypothesis which suggests that since = supporters of=20 abortion rights cause the erosion of their own political base by having = fewer=20 children, the practice of abortion will eventually lead to the = restriction or=20 illegalization of abortion. The legalized=20 abortion and crime effect is another controversial theory that = posits legal=20 abortion reduces crime, because unwanted children are more likely to = become=20 criminals.

[edit]=20 Opposition to abortion

This section needs additional citations<= /A>=20 for verificatio= n.
Please=20 help improve this article by adding reliable= =20 references. Unsourced material may be challenged = and=20 removed. (December 2007)

Organizations and individuals opposing legal abortion in the United = States=20 typically focus on one of two primary strategies: limitation and = prevention.=20 Those focusing on limitation participate in lobbying, rallies, = and=20 grassroots efforts to influence the public and lawmakers. The most = common=20 prevention strategy is the manning of pregnancy help centers, also = called Crisis = Pregnancy=20 Centers or CPC's. These centers provide pregnancy tests and present = women=20 with information intended to lead them to reject abortion. They also = provide=20 practical help which varies according to the organization's means, = ranging from=20 help obtaining public = assistance to providing housing and medical care.

The most highly visible prevention activity is presence outside = abortion=20 facilities. The activity outside the facility can range from simply = handing out=20 brochures to attempts to totally block entrance. Typical activity is a = mix of=20 protesters holding signs and "sidewalk counselors" attempting to speak = to those=20 entering the facility in the hope of dissuading them. One popular method = of=20 attempting to dissuade women from entering the facility is the "Chicago = method"=20 which consists of obtaining legal complaints against the facility and/or = practitioner and giving copies of these complaints to patients and their = companions.^[40]

Organizations and individuals opposing abortion typically present one = of two=20 general arguments against the general availability of abortion. Some = argue that=20 because of the complexity and difficulty involved in determining exactly = when=20 life begins, the law should err on the side of protecting the fetus over = the=20 mother's privacy rights. Other organizations and individuals opposing = abortion=20 argue that the fetus is a distinct living entity, thus it is a person = and is=20 entitled to protection under the law.^{[citation =

needed]}

Abortion is strongly opposed by the Roman = Catholic=20 Church and other religious denominations. The focal point of their = efforts=20 has been overturning Roe v. Wade. = Other=20 religious actions include the erection of Pro-Life memorials on church = property,=20 prayer, and fasting. [41]

[edit]=20 Pro-life organizations

In the 1980s and 1990s, many opponents of legal abortion turned to = speaking=20 with abortion = clinics and=20 women seeking abortions. The organization Operation = Rescue=20 carried out organized picketings, = occupations, and=20 blockades of abortion clinics, in which hundreds of pro-life activists = would=20 surround clinics in an attempt to shut them down.

Operation Rescue went bankrupt in the course of defending itself in = the case=20 Scheidler=20 v. National Organization for Women, Inc.. Many of its tactics = were=20 specifically outlawed by the Freedom=20 of Access to Clinic Entrances Act, known as the "FACE Act" or = "Access=20 Act".^[42]

[edit]=20 Notes

^=20 According to the Supreme Court's decision in Roe v. Wade: =

"(a) For the stage prior to approximately the end of the first=20 trimester, the abortion decision and its effectuation must be left = to the=20 medical judgment of the pregnant woman's attending physician.=20
"(b) For the stage subsequent to approximately the end of the = first=20 trimester, the State, in promoting its interest in the health of the = mother,=20 may, if it chooses, regulate the abortion procedure in ways that are = reasonably related to maternal health.=20
"(c) For the stage subsequent to viability, the State in = promoting its=20 interest in the potentiality of human life may, if it chooses, = regulate, and=20 even proscribe, abortion except where it is necessary, in = appropriate=20 medical judgment, for the preservation of the life or health of the = mother."=20
Likewise, Black's Law Dictionary defines abortion = as "knowing=20 destruction" or "intentional expulsion or removal."=20
^=20 Report, Committee on the Judiciary, U.S. Senate, on Senate Joint = Resolution 3,=20 98th Congress, 98-149, June 7, 1983, p. 6.=20
^=20 Baptist Hospital of Miami, Fact Sheet (2006).=20
^=20 Access to Abortion. National Abortion Federation = (2003).=20 Retrieved on 2007-06-17.=20
^=20 "Public = Funding for=20 Abortion" (map)=20
^=20 Abortion Surveillance - United States, 2003=20
^=20 Guttmacher.org Get "In the Know": Questions About Pregnancy, = Contraception and=20 Abortion=20
^=20 Guttmacher=20 Institute,"Induced=20 Abortion Facts in Brief" (2002) (13,000 out of 1.31 million = abortions in=20 2000 were on account of rape or incest). Retrieved via InfoPlease 2007-01-07.=20
^=20 Bankole et al., "Reasons Why Women Have Induced Abortions: Evidence = from 27=20 Countries", International Family Planning Perspectives (1998). = Also see=20 Lawrence B. Finer, Lori F. Frohwirth, Lindsay A. Dauphinee, Susheela = Singh,=20 and Ann M. Moore, "Reasons U.S. Women Have Abortions: Quantitative and = Qualitative=20 Perspectives", Perspectives on Sexual and Reproductive Health,=20 37(3):110-118 (September 2005).=20
^=20 Aida Torres and Jacqueline Darroch Forrest, "Why = Do Women=20 Have Abortions", Family Planning Perpectives, 20 (4) Jul/Aug 1988, = pp=20 169-176 (The bimonthly research journal of The Alan Guttmacher = Institute):=20 "Some 42 facilities were originally invited to participate in the = study; these=20 include six at which a relatively large number of late abortions = (those at 16=20 or more weeks' gestation) were performed."=20
^ ^a=20 ^b=20 "Poll: Strong Support For Abortion Rights" (January = 22 2003).=20 CBS News. Retrieved January 11, 2007.=20
^ ^a=20 ^b=20 The = Polling=20 Report. (2006). Retrieved 2007-01-11.=20
^=20 See Saad, "Americans Walk the Middle Road on Abortion," The = Gallup Poll=20 Monthly (April 2000); Gallup Poll Topics from Florida Right to Life. = Retrieved 2007-01-12.=20
^=20 Rubin, Allisa J. (June 18, 2000). "Americans Narrowing Support for Abortion." Los = Angeles=20 Times. Retrieved January 11, 2007.=20
^ ^a=20 ^b=20 Public Agenda Online. (2006). Men and women hold similar views on the legality of = abortion.=20 Retrieved January 11, 2006.=20
^=20 FOX=20 News/Opinion Dynamics Poll. April 25-26, 2005: "Do you think a = female=20 under age 18 should be required by state law to notify at least one = parent or=20 guardian before having an abortion?" 78% yes, 17% no. "Do you think a = female=20 under age 18 should be required by state law to get permission or = consent from=20 at least one parent or guardian before having an abortion?" 72% yes, = 22% no.=20
^=20 Harris Interactive, (2006-05-04). "Support for Roe vs. Wade Declines to Lowest Level = Ever."=20 Retrieved 2007-01-04.=20 Pro-life activists have disputed whether the Harris poll question is a = valid=20 measure of public opinion about Roe's overall decision, because the = question=20 focuses only on the first three months of pregnancy. See Franz, Wanda. = "The Continuing Confusion About Roe v. Wade", = NRL News=20 (June 2007). Also see Adamek, Raymond. "Abortion Polls", Public = Opinion=20 Quarterly, Vol. 42, No. 3 (Autumn, 1978), pp. 411-413.=20
^=20 CNN=20 Opinion Research Poll, (2007-05-09). Retrieved 2007-05-27.=20
^=20 "Abortion" The Gallup Poll (5/21/2007) = Retrieved=20 2007-05-28.=20
^=20 Most Who Know of Decision Agree With Supreme Court on = Partial=20 Birth Abortion Rasmussen Reports. April 22, 2007. Retrieved = on=20 April 26, 2007=20
^=20 Abortion and=20 Birth Control. PollingReports.com Retrieved April 26, 2007=20
^=20 James=20 Wilson, "Of the Natural Rights of Individuals" (1790-1792). = Also see=20 William Blackstone, Commentaries (1765): "Life ... begins in = contemplation of law=20 as soon as an infant is able to stir in the mother's womb."=20
^=20 Suzanne M. Alford, Is Self-Abortion a Fundamental Right?, 52 Duke Law = Journal=20 1011.=20
^=20 Susan B. Anthony, The Revolution. July 8, 1869. Quoted in Kate O = 'Beirne,=20 Women Who Make the World Worse: and How Their Radical = Feminist=20 Assault Is Ruining Our Schools, Families, Military, and Sports.=20
^=20 An Interview with Norma McCorvey. Ann Scheidler, = Chicago=20 Pro-life Action League. April 20, 1996.=20
^=20 Affidavit of=20 Sandra Cano. January 2, 2005.=20
^=20 Myers, Megan. "S.D.=20 rejects abortion ban", Argus Leader, (2006-11-08). Retrieved = 2007-01-23.=20
^=20 MacIntyre, Krystal. "Mississippi abortion ban bill fails as legislators miss = deadline=20 for compromise", Jurist News Archive (2006-03-28). Retrieved = 2007-01-23.=20
^=20 Alford, Jeremy. "Louisiana Governor Plans To Sign Anti-Abortion = Law". New York = Times.=20 Section A; Column 3; National Desk; Pg. 18 June 7, 2006. Retrieved = December=20 23, 2007. Quote: "Gov. Kathleen Babineaux Blanco's office said Tuesday = that=20 she would shortly sign into law a strict ban on abortion that would = permit=20 abortion only in the case where a woman's life was threatened by = pregnancy.=20 The bill, approved by both houses of the Legislature and sent to the = governor=20 on Monday, would go into effect only if the United States Supreme = Court=20 overturned Roe v. Wade... Eleven other states are considering similar=20 measures. Six other states have bans, similar to the Louisiana bill, = that=20 would be put into effect by the end of Roe."=20
^=20 Zogby International=20
^=20 GOP = party=20 platform 2004, p.84.=20
^=20 Republican Platform adopted at GOP National Convention August 12, 2000.=20
^=20 Republican Platform adopted at GOP National Convention August 12, 2000.=20
^=20 The Democratic Platform for America, p.36 July 10, 2004.=20
^=20 Democratic National Platform August 15, 2000.=20
^=20 "Induced termination of pregnancy before and after Roe v. Wade" JAMA, = 12/9/92,=20 vol. 208, no. 22, p. 3231-3239.=20
^=20 Lilo T. Strauss, M.A., Joy Herndon, M.S., Jeani Chang, M.P.H., Wilda = Y. Parker=20 Sonya V. Bowens, M.S., Suzanne B. Zane, D.V.M., Cynthia J. Berg, M.D., = Abortion Surveillance --- United States, 2001 = (Table 19).=20
^=20 Mary S. Calderone, M.D.: "Illegal Abortion as a Public Health Problem." = American=20 Journal of Public Health, 50:948, 1960.=20
^=20 See Syska, Hilgers & O'Hare, An Objective Model for Estimating = Criminal=20 Abortions and Its Implications for Public Policy, in New Perspectives = on Human=20 Abortion 178 (Hilgers, Horan & Mall eds. 1981). For a review of = the=20 dispute over prelegalization statistics, see Daniel Callahan, = Abortion: Law,=20 Choice and Morality 132 (1970); Stephen Krason, Abortion: Politics, = Morality,=20 and the Constitution 301(1984).=20
^=20 "The "Chicago Method": Sidewalk Counseling that appeals = to the=20 Mother's concerns for her own well-being", Priests for Life=20
^=20 Group of=20 Bishops Using Influence to Oppose Kerry. New York Times. October=20 12, 2004.=20
^=20 Access = to=20 Reproductive Health Clinics and Places of Religious Worship. U.S.=20 Department of Justice Civil Rights Division Special Litigation = Section.=20 October 20, 1999.

[edit]=20 See also

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