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The United States is a global outlier among developed countries on the issue of abortion, with the subject being divisible in American politics and culture wars to an extent not found elsewhere. There are widely different abortion laws depending on state.
The National Right to Life Committee (NRLC) is the oldest and largest national anti-abortion organization in the United States with affiliates in all 50 states and more than 3,000 local chapters nationwide.
The United States anti-abortion movement contains elements opposing induced abortion on both moral and religious grounds and supports its legal prohibition or restriction. Advocates generally argue that human life begins at conception and that the human zygote, embryo or fetus is a person and therefore has a right to life. The anti-abortion movement includes a variety of organizations, with no single centralized decision-making body. There are diverse arguments and rationales for the anti-abortion stance. Some anti-abortion activists allow for some permissible abortions, including therapeutic abortions, in exceptional circumstances such as incest, rape, severe fetal defects, or when the woman's health is at risk.
This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counselling requirements.
John Charles Willke was an American author, physician, and anti-abortion activist. He served as president of National Right to Life and, along with his wife Barbara, authored a number of books on abortion and human sexuality. Willke was a leading promoter of the false claim that women's bodies resist pregnancy from forcible rape, an idea which continues to be promoted by some anti-abortion politicians.
Abortion-rights movements, also self-styled as pro-choice movements, advocate for the right to have legal access to induced abortion services including elective abortion. They seek to represent and support women who wish to terminate their pregnancy without fear of legal or social backlash. These movements are in direct opposition to anti-abortion movements.
Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right to obtain an abortion without excessive government restriction, and in 1992 the Court in Planned Parenthood v. Casey invalidated restrictions that create an undue burden on people seeking abortions. Since then, there has continued to be an abortion debate in the United States, and some states have passed laws in the form of regulation of abortions but which have the purpose or effect of restricting its provision. The proponents of such laws argue they do not create an undue burden. Some state laws that impact the availability of abortions have been upheld by courts. In 2022, Roe and Casey were overturned by the Supreme Court in Dobbs v. Jackson Women's Health Organization, meaning that states may now regulate abortion in ways that were not previously permitted.
A six-week abortion ban, also called a "fetal heartbeat bill" by proponents, is a law in the United States which makes abortion illegal as early as six weeks gestational age, which is when proponents falsely claim that a "fetal heartbeat" can be detected. Medical and reproductive health experts, including the American Medical Association and the American College of Obstetricians and Gynecologists, say that the reference to a fetal heartbeat is medically inaccurate and intentionally misleading because a conceptus is not called a fetus until eight weeks after fertilization, as well as that at four weeks after fertilization, the embryo has no heart, only a group of cells which will become a heart. Medical professionals advise that a true fetal heartbeat cannot be detected until around 17 to 20 weeks of gestation when the chambers of the heart have become sufficiently developed.
Abortion in Oklahoma is illegal unless the abortion is necessary to save the life of a pregnant woman.
Janet L. Folger Porter is an American anti-abortion activist and author.
Abortion in Alabama is illegal. Under section 26-23H-4 of the Code of Alabama in the U.S. state of Alabama, it is unlawful for an abortion to be performed unless it is deemed absolutely necessary in order to prevent a serious health risk to the pregnant woman. There are no exceptions for rape or incest.
Abortion in Georgia is legal up to the detection of an embryonic heartbeat, which typically begins in the 5th or 6th week after the onset of the last menstrual period (LMP) or in two to three weeks after implantation. This law came into force on July 20, 2022, almost a month after the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) ruling. In 2007, mandatory ultrasound requirements were passed by state legislators. Georgia has continually sought to legislate against abortion at a state level since 2011. The most recent example, 2019's HB 481, sought to make abortion illegal as soon as an embryonic heartbeat can be detected; in most cases that is around the six-week mark of a pregnancy. Many women are not aware they are pregnant at this time. An injunction was issued against this bill by a federal judge, who ruled that it contravened the Supreme Court's 1973 ruling. A poll conducted by the Pew Research Center in 2014 found that 49% of Georgians believed abortions should be illegal in all or most cases vs 48% legal in all or most cases.
Abortion in Kentucky is illegal. There were laws in Kentucky about abortion by 1900, including ones with therapeutic exceptions. In 1998, the state passed legislation that required clinics to have an abortion clinic license if they wanted to operate. By the early 2010s, members of the Kentucky Legislature attempted to ban abortion in almost all cases and had also introduced the early abortion bans. Prior to 2019, Kentucky law prohibited abortions after week 22. This changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year. In that year, 57% of people in Kentucky said abortion should be "illegal in all or most cases." A bill passed and made effective in April 2022 lowered the threshold to 15 weeks, the second most restrictive limit in effect in the United States behind Texas, and introduced regulations that made abortion illegal until it was blocked in federal court.
Abortion in Mississippi is illegal. The new law took effect on July 7, 2022, after Mississippi State Attorney General Lynn Fitch certified on June 27, the Supreme Court decision on Dobbs v. Jackson Women's Health Organization on June 24 of that year.
Abortion in Ohio is legal on request until fetal viability and after fetal viability if, in the professional judgement of an attending physician, the abortion necessary to protect the pregnant individual’s life or health.
Abortion in South Carolina is legal up to when an embryonic heartbeat can be detected, usually around 6 weeks gestation. On May 25, 2023, Governor Henry McMaster signed a 6-week ban, and it took effect immediately. The ban was indefinitely blocked in court on May 26, and reinstated by the South Carolina Supreme Court on August 23.
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 Iowa is legal up to 20 weeks of gestation. A 6-week abortion ban has been indefinitely blocked in court.
The Texas Heartbeat Act, Senate Bill 8, is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect on September 1, 2021, after the U.S. Supreme Court denied a request for emergency relief from Texas abortion providers. It was the first time a state has successfully imposed a six-week abortion ban since Roe v. Wade, and the first abortion restriction to rely solely on enforcement by private individuals through civil lawsuits, rather than having state officials enforce the law with criminal or civil penalties. The act authorizes members of the public to sue anyone who performs or facilitates an illegal abortion for a minimum of $10,000 in statutory damages per abortion, plus court costs and attorneys' fees.
References
- ↑ "Right to Life opens Ross County chapter". Detroit Free Press. February 7, 2017. Retrieved October 7, 2017.
- ↑ Eaton, Emilie (February 21, 2015). "Cincinnati Right to Life founder dies". Cincinnati.com. Retrieved October 7, 2017.
- ↑ "Group To Fight Abortion Law Change". The Times Recorder . Zanesville, Ohio. July 3, 1967. p. 3. Retrieved November 4, 2023– via Newspapers.com.
- ↑ Thompson, Chrissie (December 12, 2016). "Ohio's 'heartbeat' abortion bill poses Kasich's first test in Trump era". USA TODAY. Retrieved October 7, 2017.
- ↑ Eckholm, Erik (December 5, 2011). "Anti-Abortion Groups Are Split on Legal Tactics". The New York Times . Retrieved December 17, 2023.
- ↑ Eckholm, Erik (December 4, 2011). "Ohio Bill Splits Anti-Abortion Forces on Legal Tactics". The New York Times. ISSN 0362-4331 . Retrieved October 7, 2017.
- ↑ Borchardt, Jackie (February 9, 2017). "Ohio Right to Life seeks to ban most abortions after 13 weeks". cleveland.com. Retrieved October 7, 2017.
- ↑ Gross, Allie (December 2, 2015). "John Kasich's Quiet Campaign To Cut Abortion Access". FiveThirtyEight. Retrieved October 7, 2017.
- ↑ Ax, Joseph (November 2, 2023). "Abortion foes in Ohio aim to snap losing streak with 2024 election looming". Reuters . Retrieved November 4, 2023.
