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First Ban on Abortion
Connecticut passed the first American abortion ban and declared that abortion was punishable by life imprisonment to induce abortion through poison. States were to later follow this example. -
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More States Follow
Illinois and Missouri follow Connecticut's creation of an abortion law. Unlike Connecticut, it didn't matter whether the woman could feel the fetus move. Abortion through the use of poison was banned as a whole. -
Revised Statutes of 1829
New York passed a law declaring that any attempt to induce abortion at any stage was punishable by up to a year in jail. However, the intent to destroy a fetus after the stage where the mother can feel the fetus move was considered to be second-degree manslaughter. -
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Revisions to New Yorks Ban
New York statute made an exception for abortions necessary to preserve the mother's life as long as it was "advised by two physicians to be necessary for that purpose." A revision in 1845 created a provision making the woman who submitted to abortion guilty of a misdemeanor. However, in 1881, this was amended to make the woman guilty of manslaughter, if the abortion killed a quickened fetus as the previous laws followed. -
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Madame Restell
A self-proclaimed physician by the name of Madame Restell started providing medicine that would cause abortion to many woman who did not want to have babies. However, the medicine caused many women to be sick. One woman by the name of Maria Purdy had her husband go to the law with the news as she was on her deathbed. Madame Restells actions lead to the creation of the abortion ban in New York. -
The Comstock Law
The Comstock Law was a law passed by Congress in which it banned the use of abortion drugs. The law was passed due to the actions of the American Medical Association, who advocated for state laws that restricted abortions. -
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The Women's Liberation Movement
Due to the ban on abortion, many women were going through unsafe measures in order to perform their abortions. An example would be drinking chemicals or using coat hangers in order to extract the fetus. Concerned pastors and rabbis set up organizations to help women have safe, illegal abortions. The event helped the government realize just how dangerous illegal abortions were and helped push for making abortions legal. -
Griswold v. Connecticut
Connecticut had a state law that denied married couples the access to information, advice, or medical instruction about contraception. The Supreme Court decides that the law is unjust which leads to many abortion law reforms later on. -
Roe v. Wade
In this court case, the Supreme Court ruled that criminalizing women for abortions was unconstitutional and violated women's right to privacy. The right to privacy is stated in the due process clause of the 14th amendment. -
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Hyde Amendment
Congress passes the Hyde Amendment to give states the right to deny Medicaid funds for abortions for low-income women. The amendment was later revised and gives states the right to deny Medicaid funding of abortions except in cases of rape, incest, or “severe and long-lasting” damage to the woman’s physical health. -
Planned Parenthood of Southeastern Pennsylvania v. Casey
This court case basically upheld the Roe v. Wade case that women have a right to abortion before fetal viability, but allows states to restrict abortion access so long as these restrictions do not impose an “undue burden” on women seeking abortions. -
Stenberg v. Carhart (Carhart I)
The court case determined that the Nebraska statute banning so-called “partial-birth abortion” is unconstitutional for two independent reasons: the statute lacks the necessary exception for preserving the health of the woman, and the definition of the targeted procedures is so broad as to prohibit abortions in the second trimester, thereby being an “undue burden” on women.That invalidated 29 of 31 similar statewide bans. -
Federal Abortion Ban
President Bush tried to pass a federal ban on abortion, and it was passed through congress and approved by President Bush. The National Abortion Federation immediately challenges the law in court and is successful in blocking enforcement of the law for its members. -
Recent Bans on Abortion
On May 15, 2019 Alabama;s governor signed a law that stated abortions are only allowed if the mother’s life is at risk or if the fetus cannot survive, but not in cases of rape or incest. -
Sources
Abbott, K. (2012, November 27). Madame Restell: The Abortionist of Fifth Avenue. Retrieved from https://www.smithsonianmag.com/history/madame-restell-the-abortionist-of-fifth-avenue-145109198/
Britannica, T. E. of E. (n.d.). Roe v. Wade. Retrieved from https://www.britannica.com/event/Roe-v-Wade
Law, T. (2019, July 5). Abortion Bill Details: Alabama, Georgia, Missouri Laws Explained. Retrieved from https://time.com/5591166/state-abortion-laws-explained/ -
Sources
Ravitz, J. (2016, June 27). The surprising history of abortion in the U.S. Retrieved from https://www.cnn.com/2016/06/23/health/abortion-history-in-united-states/index.html