Abortion in Washington (state)

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Abortion in Washington is explicitly legal up to the point of fetal viability, [1] although there is no law prohibiting it after that point. In a poll by the Pew Research Center, 60% of adults said that abortion should be legal in all or most cases.

Contents

Washington currently has nineteen abortion clinics. The number of clinics has declined over the years, with 95 in 1982, 65 in 1992, and 33 in 2014. There were 17,710 legal abortions performed in the state in 2014, and 17,098 in 2015.

In Washington politics, the Washington State Democratic Party supports access to abortion while the Washington State Republican Party opposes abortion, which has led to proposed legislation by Republicans that would restrict or ban abortion. [2] [3] [4]

History

Legislative history

By 1950, the state legislature passed a law stating that a woman who had an abortion or actively sought to have an abortion, regardless of whether she went through with it, was guilty of a criminal offense. [5]

Abortion was made legal in 1970. Prior to that, it was illegal in the state, with a therapeutic exception if the life of the mother was at risk. [6] In 1971, the state repealed its statute that said inducing an abortion was a criminal offense. [7] [8] Hawaii, New York, Alaska, and Washington were the first states to repeal their abortion laws in the pre- Roe v. Wade era. [9] Still, state law in 1971 required that any woman getting a legal abortion in the state needed to be a resident for some specific period between 30 and 90 days. [8]

As of 2017, Washington State, New Mexico, Illinois, Alaska, Maryland, Massachusetts, Connecticut, and New Jersey allow certain qualified non-physicians to prescribe drugs for medical abortions only. [10] In August 2018, the state had a law to protect the right to have an abortion. [11] In February 2019, the Washington State Attorney General issued an opinion that the physician-only clause of Washington State abortion law (I-120) was unenforceable, and that aspiration and medication abortion prior to viability was within the scope of nurse practitioners and physician assistants. [12] As of May 14, 2019, the state has an explicit right to abortion generally some point between week 24 and 28. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling. [13] [14]

Ballot box history

In November 1970, Washington held a referendum on legalizing early pregnancy abortions, becoming the first state to legalize abortion through a vote of the people. [15] [8] In 1991, a ballot box measure passed that codified the right to have an abortion up to the point where a fetus was viable. This law prohibits the government from restricting abortion before that point. Although the law allows for restrictions after the point of fetal viability, to date no such restrictions have been passed. [14] [16]

Clinic history

Between 1982 and 1992, the number of abortion clinics in the state declined by thirty, going from 95 in 1982 to 65 in 1992. [17] In 2014, there were 33 abortion clinics in the state. [18] In 2014, 64% of the counties in the state did not have an abortion clinic. That year, 15% of women in the state aged 15–44 lived in a county without an abortion clinic. [11] In March 2016, there were 35 Planned Parenthood clinics in the state. [19] In 2017, there were 34 Planned Parenthood clinics, of which 26 offered abortion services, in a state with a population of 1,645,293 women aged 15–49. [20]

On June 11, 2001, an unsolved bombing took place at a clinic in Tacoma, Washington, destroying a wall and resulting in $6,000 in damages. [21] On September 4, 2015, a Planned Parenthood clinic in Pullman, Washington, was intentionally set on fire. No injuries were reported due to the time of day, but the FBI was involved because of a history of domestic terrorism against the clinic. [22] The crime was never solved. The clinic reopened six months later. [23]

Statistics

In 1990, 606,000 women in the state faced the risk of an unintended pregnancy. [17] In 2014, 60% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. [24] In 2017, the state had an infant mortality rate of 3.9 deaths per 1,000 live births. [25]

Number of reported abortions, abortion rate, and percentage change in rate by geographic region and state in 1992, 1995 and 1996 [26]
Census division and stateNumberRate % change 1992–1996
199219951996199219951996
US total1,528,9301,363,6901,365,73025.922.922.9–12
Pacific368,040290,520288,19038.730.530.1–22
Alaska2,3701,9902,04016.514.214.6–11
California304,230240,240237,83042.133.433–22
Hawaii12,1907,5106,9304629.327.3–41
Oregon16,06015,59015,05023.922.621.6–10
Washington33,19025,19026,34027.720.220.9–24
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence% obtained by

out-of-state residents

YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
Washington17,58312.619817,71012.72004.92014 [27]
Washington17,23012.219417,09812.11924.52015 [28]
Washington17,14011.918917,08011.91893.82016 [29]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion financing

Seventeen states including Washington use their own funds to cover all or most "medically necessary" abortions sought by low-income women under Medicaid, thirteen of which are required by State court orders to do so. [30] In 2010, the state had 14,236 publicly funded abortions, of which were zero federally funded and 14,236 were state funded. [31]

Abortion rights views and activities

2018 Indivisible demonstration in Olympia regarding Brett Kavanaugh 2018--Indivisible demonstration in Olympia regarding Brett Kavanaugh (44237332092).jpg
2018 Indivisible demonstration in Olympia regarding Brett Kavanaugh

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019. [32]

Anti-abortion views and activities

Seattle Women's March 2019 Seattle Women's March 2019 (45892263455).jpg
Seattle Women's March 2019

Violence

Two documented arson attacks on abortion clinics took place in 1983 including one in Washington. Between this attack and one in Virginia, over US$500,000 in damage was done to the two clinics. [33]

On June 11, 2001, an unsolved bombing at a clinic in Tacoma, Washington, destroyed a wall, resulting in $6,000 in damages. [34]

On January 9, 2005, Eastside Women's Clinic in Olympia, Washington sustained $500,000 damage in an arson. [35]

On September 4, 2015, a Planned Parenthood clinic in Pullman, Washington was intentionally set on fire. No injuries were reported due to the time of day, but the FBI was involved because of a history of domestic terrorism against the clinic. [36] The crime was never solved. The clinic reopened six months later. [37]

Related Research Articles

Abortion in Alaska is legal at all stages of pregnancy, as long as a licensed physician performs the procedure. As of 2016, Alaska does not require a minor to notify a parent or guardian in order to obtain an abortion. 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. Alaska was one of only four states to make abortion legal between 1967 and 1970, a few years before the US Supreme Court's decision in 1973's Roe v. Wade ruling. Alaska had consent requirements for women seeking abortions by 2007 that required abortion providers to warn patients of a link between abortion and breast cancer despite it being scientifically unsupported.

Abortion in Arkansas is illegal except when it is necessary to save the life of the mother. Doctors determined to have performed an abortion face up to 10 years in prison and fines up to $100,000.

Abortion in Connecticut is legal up to the point of fetal viability, or after that if necessary to preserve the life or health of the pregnant woman. A poll by the Pew Research Center found that 67 percent of adults in the state believed that abortion should be legal in all or most cases. Abortions took place early in the state's history. People at that time talked about abortions using euphemisms. The death of Sarah Grosvenor following unsuccessful abortion resulted in a prosecution in colonial Connecticut. Connecticut became the first state to criminalize abortion after codifying its common law in 1821. Later, such laws were justified as trying to protect the life of the women from bad actors providing unsafe abortion services. The state was one of ten states in 2007 to have a customary informed consent provision for abortions. In 1965, the US Supreme Court heard the case of Griswold v. Connecticut, striking down laws that banned the sale, use of and prescription of contraceptives, even for married couples. The Court's later decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester. In 1990, state law was amended to read, "the decision to terminate a pregnancy prior to the viability of the fetus shall be solely that of the pregnant woman in consultation with her physician", the first such law in state codifying the Court's holding in Roe, as it would be later modified by Planned Parenthood v. Casey.

Abortion in Delaware is legal up to the point of fetal viability. 55% of adults said in a poll by the Pew Research Center that abortion should be legal and 38% stated it should be illegal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. In 2017, Senator Bryan Townsend, D-Newark introduced legislation to try to make clear that abortion would remain legal in the state in case 1973's Roe v. Wade ruling was overturned. The legislation was subsequently updated. Attempts have been made to introduce mandatory ultrasound laws, but they failed to get out of committee. State legislators tried to move ahead the week at which a woman could get a legal abortion in 2019.

Abortion in the District of Columbia is legal at all stages of pregnancy. In 1971, in United States v. Vuitch, the U.S. Supreme Court upheld a law saying abortion was allowed for health reasons, which include "psychological and physical well-being". Consequently, the District of Columbia became a destination for women seeking abortions starting that year.

Abortion in Hawaii is legal. 66% of adults in Hawaii said in a poll by the Pew Research Center that abortion should be legal in all or most cases. Hawaii began allowing elective abortion care de jure in 1970, the first state to do so. State law enacted at that time stated said, "the State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female."

Abortion in Maine is legal at all stages of pregnancy, although terminations after the fetal viability can only be performed if a physician determines it to be medically necessary. According to a poll by the Pew Research Center, 64% of adults said that abortion should be legal with 33% stating that it should be illegal in all or most cases.

Abortion in Montana is legal. The number of abortion clinics in Montana has fluctuated over the years, with twenty in 1982, twelve in 1992, eight providers of which seven were clinics in 2011, and five clinics in 2014. There were four clinics from 2015 to February 2018 when All Families Healthcare clinic in Whitefish reopened. There were 1,690 legal abortions in 2014, and 1,611 in 2015.

Abortion in Nevada is legal up to the 24th week of pregnancy, under the Nevada Revised Statutes chapter 442, section 250; and after 24 weeks if the pregnancy could be fatal for the pregnant woman. 62% of adults said in a poll by the Pew Research Center that abortion should be legal while 34% said it should by illegal in all or most cases. Legislation by 2007 required informed consent. Attempts were successfully made to pass abortion legislation in May 2019, being pushed through a largely Democratic controlled state legislature. The number of abortion clinics in Nevada has declined over the years, with 25 in 1982, seventeen in 1992 and thirteen in 2014. There were 8,132 legal abortions in 2014, and 7,116 in 2015. Due to the high level of support for abortion rights, continued access to abortion is supported by all parties, including the Republicans.

Abortion in New York is legal at all stages of pregnancy, although abortions after the 24th week of pregnancy require a physician's approval. Abortion was legalized up to the 24th week of pregnancy in New York (NY) in 1970, three years before it was legalized for the entire United States with the Supreme Court's decision in Roe v. Wade in 1973. Roe v. Wade was later overturned in 2022 by the Supreme Court in Dobbs v. Jackson Women's Health Organization. The Reproductive Health Act, passed in 2019 in New York, further allows abortions past the 24th week of pregnancy if a woman's life or health is at risk or if the fetus is not viable. However, since these exceptions are not defined by the law, and the law carries no criminal penalties, abortion is effectively legal throughout pregnancy.

Abortion in North Dakota is illegal. The state's sole abortion clinic relocated to Minnesota.

Abortion in Oregon is legal at all stages of pregnancy.

Abortion in Rhode Island is legal. On June 19, 2019, the legal right to abortion was codified into Rhode Island law by passage of the Reproductive Privacy Act.

Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.

Abortion in Tennessee is illegal from fertilization, except to "prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".

Abortion in Utah is legally performed under a temporary restraining order blocking enforcement of the state's trigger law, which bans abortion. According to HB136, which is effective state law from June 28, 2022, abortions are banned following 18 weeks of gestation. Abortion was banned following the Supreme Court case, Dobbs v. Jackson Women's Health Organization on June 24, 2022. Utah State Legislation enacted SB 174 in May 2020, which, upon the overturn of Roe v. Wade, made inducing an abortion a second-degree felony. The law includes exceptions for pregnancies "caused by rape or incest," pregnancies that put the mother's life at risk, or "if two doctors say the fetus has a lethal defect." Rape and incest exceptions will only be viable if the crimes were previously reported to law enforcement officials.

Abortion in Vermont is legal at all stages of pregnancy. A 2014 Pew Research Center poll showed 70% of adults in the state believed abortion should be legal in most or all cases, the second highest percentage in the country. The state funds abortions deemed medically necessary for low-income women via Medicaid.

Abortion in the U.S. state of Virginia is legal up to the end of the second trimester of a pregnancy. Before the year 1900, abortion remained largely illegal in Virginia, reflecting a widespread trend in many U.S. states during the 19th and early 20th centuries. Abortion was viewed as a criminal act and subject to state laws that prohibited it. However, by 1950, Virginia introduced a legal therapeutic exception, allowing for abortion under specific circumstances, primarily when a woman's physical or mental health was at risk. Notably, the University of Virginia Hospital established a review board in 1950 responsible for evaluating and approving abortion requests, particularly those grounded in psychiatric reasons. This thorough approval process resulted in a significant decrease in the number of abortions performed at the hospital.

Abortion in West Virginia is illegal except in cases of rape, incest, fatal fetal abnormalities, and when the mother’s life is at risk from a pregnancy.

Abortion in New Mexico is legal at all stages of pregnancy. The number of abortion clinics in New Mexico has declined over the years, with 26 in 1982, 20 in 1992 and 11 in 2014. There were 4,500 legal abortions in 2014. There were 7 facilities providing abortion in New Mexico in 2017, and 6 of those were clinics. In 2017, 91% of New Mexico counties had no clinics that provided abortions, and 48% of New Mexico women lived in those counties.

References

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