Our bodies are not public property
Dear Leading Ladies,
This week, we are focusing on reproductive rights, so clearly under attack right now while headspinning misinformation is being circulated about the place of abortion in our history and in the collective health of women.
Historical Perspective
It is important to know that abortion has been legal for most of our American history. The U.S. legal system followed English common law, which held that abortions performed before perceptible fetal movement (usually after the first trimester and in the fourth month) were not a crime. It was not until the mid-19th century that states began to enact anti-abortion laws, according to the Guttmacher Institute.
Even into the early 1960s, only Pennsylvania prohibited all abortions, while 44 other states allowed termination of pregnancy when a woman's life would be endangered if she carried the pregnancy to term. Alabama, Colorado, New Mexico, Massachusetts, and the District of Columbia permitted abortion if the life or physical health of the woman was in jeopardy; Mississippi allowed abortions in case of life endangerment or rape.
Restrictions +/-
A small number of states had less restrictive abortion laws even before Roe v. Wade in 1973. For example, in 1970, New York allowed abortions up to the 24th week of pregnancy with no restrictions; as a result, women from throughout the country journeyed to New York for safe terminations of pregnancy. Washington, Hawaii, and Alaska offered the same, but with some residency requirements.
Nonetheless, the severe restrictions in most states meant that the majority of American women with unplanned pregnancies were unable to receive safe and legal abortions before Roe v. Wade passed in 1973. Prior to Roe v. Wade, there were scant data concerning the number of abortions in the US. According to the Guttmacher Institute, however, by 1967 researchers estimated that 800,000 abortions, mostly illegal, were being performed each year.
A sculpture during a demonstration in support of legal abortion in Mexico City (Marcos Brindicci / Reuters)
Unequal Access
It is important to remember that before and since Roe v. Wade opened the door to reproductive rights for women, access was not equal for all. A safe abortion continued to be out of financial reach for many, especially minority women. According to the Guttmacher Institute, “from 1972 to 1974, the mortality rate due to illegal abortion for nonwhite women was 12 times that for white women.”
The safety of illegal abortions varied according to race and ability to pay. For example, “A clear racial disparity is evident in the data of mortality because of illegal abortion: In New York City in the early 1960s, one in four childbirth-related deaths among white women was due to abortion; in comparison, abortion accounted for one in two childbirth-related deaths among nonwhite and Puerto Rican women.”
Though pro-life advocates often assert that legal abortions will encourage women to terminate pregnancies, the statistics do not support this claim. In fact, the number of legal abortions has dropped significantly in the last several years. The Guttmacher Institute attributes the drop to fewer pregnancies, often because of increased access to family planning information and contraception, and not to the influence of the pro-life agenda.
Women’s Safety
In addition, according to the New England Journal of Medicine, “Deaths due to unsafe abortions in the United States have been essentially eliminated, with 90% of procedures done today in the first trimester, when the risk of maternal mortality is less than one tenth of that associated with carrying a pregnancy to term.” In contrast, illegal abortions were generally done later in the pregnancy, when risks are higher; often self-induced with very dangerous substances and methods; and in unsterile conditions with substandard care.
The sharp decline in death by abortion stands in contrast to the maternal deaths in other countries. “In parts of the world where abortion is illegal, botched illegal abortions still cause about 8 to 11 percent of all maternal deaths, or about 30,000 each year,” according to an article in The Atlantic.
If Roe v. Wade is Overturned
An end to Roe v. Wade would mean an increase in illegal abortions, maternal deaths, and poverty. The Center for Reproductive Rights estimates that if the Supreme Court overturns or limits Roe v. Wade, “Almost half of the states likely would enact new laws that are as restrictive as possible or seek to enforce current, unconstitutional laws prohibiting abortion.” Women of means will continue to have access to terminating unwanted pregnancies; women in poverty will be more likely to have dangerous illegal abortions or give birth to children they will have difficulty supporting. Access to education about family planning and to contraception will be ever more important.
This is a lot to digest. And a lot to think about.
Meanwhile, we are hearing more about the Saturday, October 2 Women’s Marches in support of our reproductive rights. It seems certain there will be a march in Boston and perhaps one in Peabody, as well. Get on the Women’s March mailing list here. We hope to coordinate transportation and march together with purple hats and pins and some great posters.
Onward with hope.
Therese
Judy
Mary
Beth
Leading Ladies Executive Team
ladies@leadingladiesvote.org
Leadingladiesvote.org