Episode Transcript
[00:00:01] Before we begin, this episode contains content that some listeners may find sensitive. Listener discretion is advised.
[00:00:28] This is the Pregnancy Post Roe, and I am your host, Mia Braun.
[00:00:37] As our discussion on abortion continues today, we will take a look at the history of abortion throughout the ages and then narrow our focus to the United States.
[00:00:49] We will focus on how the views and social norms have shifted throughout time regarding abortion at the beginning of time, evidence suggests abortion was practiced in ancient civilizations, including Egypt, Greece, and Rome.
[00:01:11] Abortion was likely not punished in ancient Greece. Some writings suggest it was seen as a matter between the woman and and her family.
[00:01:22] Roman law generally did not prohibit abortion in the early stages of pregnancy. Later, some laws focused on protecting the father's property rights of the unborn child.
[00:01:37] The Ebers papyrus from Ancient Egypt circa 1550 BCE before current era, contained some of the earliest recorded mentions of abortion methods.
[00:01:54] There were also some legal codes, like the Assyrian law, which prescribed harsh punishments for abortion, especially if done against the husband's wishes.
[00:02:06] Generally, abortion was not explicitly illegal in many ancient societies, particularly before the quickening, which is the first fetal movements felt by the mother.
[00:02:21] Social views were likely varied depending on cultural norms and philosophical beliefs, practical considerations like family size and economic factors.
[00:02:35] Some philosophers like Aristotle discussed abortion as a means of population control.
[00:02:42] The available historical records limit our understanding of ancient views on abortion.
[00:02:55] During the medieval period, we see a rise in religious influence. The rise of Christianity influenced views on abortion, with the Catholic Church condemning it as morally wrong.
[00:03:09] The Catholic Church strongly condemned abortion as a mortal sin, viewing it as the taking of a human life. This stance was rooted in their belief that life began at conception.
[00:03:24] While the Church generally opposed abortion at any stage, there was some distinction made between abortions before and and after the quickening.
[00:03:35] Abortions before quickening were often seen as less severe, though still sinful.
[00:03:42] Women who had abortions could face penance from the Church and, in some cases, excommunication.
[00:03:51] Secular laws regarding abortion varied across different regions and periods. In the Middle Ages, as the church's influence grew, secular law began to reflect its stance on abortion. Secular laws gradually began to align with church teachings, though variations existed. Some legal systems also incorporated the quickening distinction with harsher punishments for abortions. After this point, laws often focused on punishing women who performed or sought abortions, sometimes with the concern of depriving husbands of heirs.
[00:04:34] During this time, women likely knew herbal remedies, and methods for inducing abortion probably passed down through generations.
[00:04:45] The available historical records limit our understanding of medieval attitudes toward abortion.
[00:04:52] However, the evidence suggests that it was a complex religious legal and social issue Factors like family size, economic hardship, and social stigma surrounding unwed pregnancies may have influenced decisions about abortion in the early modern period. Roughly the 16th to 18th centuries, the views on abortion were in flux, influenced by a mix of religious beliefs, evolving legal systems, and changing social attitudes. We see a changing of views as scientific understanding of reproduction evolved and debates about the legality and morality of abortion intensified.
[00:05:51] The rise of print media allowed for wider dissemination of information and opinions on abortion, contributing to public discourse on the issue.
[00:06:05] Laws regulating abortion began to appear in some Western countries, often with varying degrees of restriction.
[00:06:14] Again, the concept of quickening when the mother feels fetal movement continued to be a significant factor in legal considerations.
[00:06:25] Abortions before quickening were often treated differently than those after.
[00:06:31] Laws often focused on punishing women who sought or performed abortions, reflecting concerns about female sexuality and reproduction.
[00:06:44] The Catholic Church maintained its strong condemnation of abortion as a mortal sin, while the Protestant Reformation challenged some Catholic doctrines. Most Protestant denominations also viewed abortion negatively, though with varying degrees of emphasis.
[00:07:04] The information available proposes that abortion was a complex issue with religious, legal, and social dimensions and that views on it were evolving alongside broader changes in society.
[00:07:20] Abortion was frequently practiced in North America during the period from 1600 to 1900.
[00:07:28] Many tribal societies knew how to induce abortions.
[00:07:33] According to Michelle Goodwin a a law professor at the University of California, Irvine stated that in the late 1700s and early 1800s, medical literature regularly referred to herbs and medications as abortion inducing methods. Since surgical procedures were rare, reproductive care, including abortion, was unregulated. In those days. It was provided by skilled midwives, nurses, and other unlicensed women's health care providers.
[00:08:09] Midwives were trusted, legitimate medical professionals who provided essential reproductive health care.
[00:08:18] Before the Civil War, white men were not generally involved in the kind of obgyn practices we know today.
[00:08:26] Half of the women who provided reproductive care were black women, some who were enslaved. Midwives also included indigenous and white women.
[00:08:41] The 19th and 20th centuries saw dramatic shifts in the views on abortion, moving from widespread practice and relative legal acceptance acceptance in early America to near total criminalization and then finally to a resurgence of abortion rights movements and legal reform.
[00:09:06] In the mid 19th century we saw change with the rise of the American Medical Association, AMA, and campaigns against abortion.
[00:09:18] In 1847, doctors banded together to form the AMA. It became a male dominated authority on medical practices.
[00:09:30] The AMA scrutinized reproductive healthcare workers like midwives and nurses and the obstetric services they provided were phased out.
[00:09:41] The members of the AMA believed that they should have the power to decide whether when an abortion could be legally performed. However, at the same time, the AMA was composed of physicians who lacked expertise in pregnancy and reproductive health.
[00:10:00] The AMA members launched a full fledged criminalization campaign against abortion and female abortion providers.
[00:10:09] State legislatures moved to ban abortion.
[00:10:14] This backlash kicked off a century of criminalization.
[00:10:18] Laws restricting abortion became the norm.
[00:10:22] By 1880, all states had laws to restrict abortion with some exceptions, Such as if a doctor said the abortion was needed to save the life or health of the patient.
[00:10:36] As abortion became criminalized, the stigma surrounding it grew.
[00:10:42] Many western countries enacted stricter abortion laws, Often influenced by moral and religious concerns, as well as efforts to protect women's health from unsafe procedures.
[00:10:56] Despite legal restrictions, abortion continued to be practiced, Often in unsafe and clandestine conditions.
[00:11:05] By the late 19th century, most states had laws criminalizing abortion at all stages of pregnancy.
[00:11:19] In the early 20th century, abortion remained largely illegal in most western countries.
[00:11:27] Abortion became increasingly stigmatized and associated with immortality and criminal activity.
[00:11:35] In 1910, abortion was not only restricted, but outright illegal at every stage of pregnancy in every state in the country.
[00:11:46] These abortion bans had some exceptions and instances to save the patient's life, A decision that only doctors, 95% of whom were male, had the power to make.
[00:11:59] By this time, America had experienced several decades of increased immigration.
[00:12:05] Worried about losing their hold on the country, white men in power supported abortion bans as a way to get upper class white women to have more children.
[00:12:19] In the 1930s, due to the criminalization of abortion, it was practiced underground, which resulted in a high death toll.
[00:12:30] According to the Guttmacher Institute, unsafe and illegal abortion was the cause of death for nearly 2,700 women in 1930, which was almost one out of every five 18% of maternal deaths recorded that year.
[00:12:52] In 1955, Planned Parenthood held a first of its kind conference on the issue of abortion. Due to the increasingly alarming media coverage of unsafe and illegal abortions, the doctors who attended the National Conference on abortion made the bold move to publicly call for abortion law reform.
[00:13:16] Conference attendees said that laws should be rewritten to allow doctors greater latitude to provide abortion services which would improve public health and and access to reproductive health care for people of different economic circumstances.
[00:13:35] In the late 1950s and early 1960s, many pregnant women took a drug called thalidomide. It helped ease pregnancy symptoms.
[00:13:46] Later on, it was discovered that this drug caused severe birth defects.
[00:13:53] In 1962, a pregnant TV host who took thalidomide could not obtain a legal abortion in the United States and had to travel to Sweden 52% of Americans agreed with her choice.
[00:14:10] The thalidomide fallout brought greater support for abortion law reform.
[00:14:16] In 1964, the association for the Study of Abortion, or or ASA, was created and registered as a national group by abortion law reform activists.
[00:14:30] Planned Parenthood joined doctors and laypeople leading the ASA and advocating for abortion law reform and for studies that would advance abortion procedure safety. A strategic move to increase abortion access. The ASA advocated only for medically necessary abortions.
[00:14:55] Many members of the larger abortion law reform movement wanted a full repeal to legalize abortion for all people.
[00:15:06] In 1966, nine well respected doctors were sued in California for performing abortions on women who had been exposed to rubella, a disease known to cause birth defects. Doctors across the country came to the defense of the San Francisco nine, including the deans of 128 medical schools. This resulted in one of the first abortion reform measures in the United States.
[00:15:37] California amended its prohibition on abortion to allow hospital committees to to approve requests for abortion.
[00:15:49] In the year 1969, the National association for the Repeal of Abortion Laws, or narol, was established in Chicago at the first national conference on abortion laws. NAROL was the first national group created solely to campaign for the legalization of abortion, marking the start of direct action to repeal abortion bans.
[00:16:20] In the year 1969, the National association for the Repeal of Abortion Laws, or naral, was established in Chicago at the first national conference on abortion laws. NARREL was the first national group created solely to campaign for the legalization of abortion, marking the start of direct action to repeal abortion bans.
[00:16:46] By the late 60s, a nationwide effect was underway to reform abortion laws. In nearly every state, health care providers, advocates, clergy members, and the legal community lobbied state legislatures and went to court to overturn statutes that had been in place since before the turn of the century.
[00:17:12] Alaska, Hawaii, New York, and Washington repealed their abortion bans entirely. Between 1967 and 1973, 13 other states enacted reforms that expanded exceptions which allowed instances where pregnancy was dangerous for the physical or mental health of the patient, fetal abnormalities, and when the pregnancy resulted from rape or incest.
[00:17:45] When New York legalized abortion in 1970, a Planned Parenthood Health center in Syracuse became the first Planned Parenthood center to provide abortion services.
[00:17:58] Within the first two years, 2/3 of the abortions performed were on patients who traveled from other states where abortion was still banned.
[00:18:09] New York was the only state that allowed non residents to come for these services.
[00:18:15] At the time, other states that had legalized abortion required patients to be state resident residents.
[00:18:23] The mid 20th century saw the rise of abortion rights movements advocating for women's autonomy and access to safe abortion.
[00:18:33] Social and political movements advocating for women's rights and reproductive freedom gained momentum.
[00:18:43] Some countries began liberalizing abortion laws in the mid 20th century, culminating in landmark decisions like Roe v. Wade in the United States in 1973.
[00:19:00] In 1973, the U.S. supreme Court made a landmark decision and ruled that the Due Process clause of the 14th Amendment to the Constitution protects the right to abortion.
[00:19:15] The case involved a woman in Texas known as Jane Roe to protect her privacy, who wanted an abortion but was prohibited by state law.
[00:19:26] Roe v. Wade had a profound impact on abortion laws in the United States, overturning many state laws that restricted or banned abortion. This decision protected the right to abortion in all 50 states, making abortion services safer and more accessible throughout the country.
[00:19:48] This decision would also set a legal precedent that affected dozens of subsequent Supreme Court cases.
[00:19:57] The landmark case of Roe v. Wade and the Court's decision would not go undisputed for long.
[00:20:04] Many politicians would create or apply different laws or amendments to make obtaining an abortion more difficult.
[00:20:15] Within the year of 1976, the Hyde Amendment was put into place. This Amendment is a discriminatory and racist policy that prevents federal dollars from government insurance programs like Medicaid for abortion services.
[00:20:34] This legislation was created by Representative Henry Hyde, who was quoted saying the I would certainly like to prevent, if I could, anybody having an abortion, a rich woman, a middle class woman, or a poor woman.
[00:20:52] The Hyde Amendment is a legislative provision that restricts the use of federal funds for abortion except in cases of rape, incest, or when the life of the mother is endangered. Here is a breakdown. The Hyde Amendment primarily affects those who receive health care coverage through federal programs like Medicaid. It means that federal dollars cannot be used to pay for their abortions except in very limited circumstances mentioned above.
[00:21:26] The Hyde Amendment has a significant impact on access to abortion, particularly for low income women.
[00:21:35] Because many cannot afford to pay for an abortion out of pocket, the restriction effectively limits their choices.
[00:21:45] The Hyde Amendment is a contentious issue, with supporters arguing that it protects taxpayer dollars from funding something they may find morally objectionable.
[00:21:58] Opponents argue that it disproportionately harms low income women and restricts their access to essential health care.
[00:22:07] With centuries of systematic racism and bias, Medicaid disproportionately services black, brown and LGBTQ communities, people who already face other barriers to care and economic opportunity.
[00:22:27] Even though the Hyde Amendment is federal law, 16 states currently include abortion in their Medicaid programs. In 2021, the Biden Harris administration would become the first administration in decades to exclude the Hyde Amendment from from the presidential budget.
[00:22:49] Another politician, former President Ronald Reagan, introduced the Mexico City policy, otherwise known as the global gag rule, in 1984.
[00:23:02] The global gag rule prevents foreign organizations that receive US health aid from providing information on and referrals for abortions or advocating for abortion access.
[00:23:18] Every president since Reagan who supports abortion access has rescinded the global gag rule, while every president who does not support abortion access reinstates it.
[00:23:31] One administration not only reinstated this rule, but expanded the global gag rule to make it even more harmful.
[00:23:44] In 1992, there was a landmark case between Planned Parenthood of Southeastern Pennsylvania vs Casey. This case challenged several provisions of Pennsylvania's Abortion Control act, which placed restrictions on abortion access.
[00:24:03] Here's a breakdown of the key aspects of the case.
[00:24:07] The case arose from a challenge to Pennsylvania's law, which included requirements like a 24 hour waiting period, parental consent for minors, and spousal notification.
[00:24:20] The Supreme Court upheld the essential holding of Roe v. Wade, reaffirming a woman's right to an abortion. However, it replaced the trimester framework with the undue burden standard. This new standard meant that states could not place substantial obstacles in the path of a woman seeking an abortion before fetal viability.
[00:24:48] While upholding Roe, the Casey decision allowed for some restrictions on abortion access as long as they didn't create an undue burden. This led to a wave of state laws with varying degrees of restrictions.
[00:25:05] This decision has had a lasting impact on abortion access in the US Leading to a complex patchwork of state laws.
[00:25:17] Other key cases that have impacted abortion access include the 2007 case of Gonzalez v. Carhart and Gonzalez vs Planned Parenthood Federation of America, which allowed Congress to ban certain second trimester abortion procedures, which are sometimes the safest and best way to protect a patient's health.
[00:25:43] The Partial Birth Abortion ban Act of 2003 was a federal law that prohibited a specific abortion procedure, often referred to as a partial birth abortion.
[00:25:56] This procedure is technically known as an intact dilation and extraction dnx.
[00:26:03] A dilation and extraction procedure is primarily used for later term abortions, typically in the second trimester or later. Here are the main reasons why someone might have this procedure. First, if a fetus is diagnosed with severe genetic abnormalities or health problems that are incompatible with life or would result in significant suffering, a D and X may be chosen.
[00:26:34] Second, if continuing the pregnancy poses a serious threat to the mother's health, physically or mentally, a D and X might be necessary.
[00:26:45] Third, in some cases, people may not be able to access abortion care earlier in their pregnancy due to various reasons such as financial constraints, logistical barriers, or changes in abortion laws.
[00:27:01] This may lead them to seek a D later in the pregnancy.
[00:27:07] D and X procedures are relatively rare as most abortions are performed earlier in pregnancy.
[00:27:17] The Supreme Court upheld the constitutionality of the Partial Birth Abortion Ban Act.
[00:27:24] This decision was significant because it was the first time the Court upheld a ban on a specific abortion procedure without an exception for the woman's health.
[00:27:36] The Court argued that the ban did not impose an undue burden on women seeking abortions and that it was permissible for Congress to regulate abortion procedures.
[00:27:49] This decision narrowed abortion rights and allowed for further restrictions on abortion procedures.
[00:27:57] It also signaled a shift in the Court's approach to abortion cases, moving away from prioritizing the woman's health in such regulations.
[00:28:09] This case and ruling marked a shift in the Supreme Court's approach to abortion regulations.
[00:28:17] Another landmark case that resulted in the biggest Supreme Court victory for abortion Access was in 2016. In the Whole Women's Health vs. Hellersted case.
[00:28:31] The U.S. supreme Court ruled that two abortion restrictions in Texas were unconstitutional because they would shut down most clinics in the state and cause Texans an undue burden to access safe, legal abortion.
[00:28:48] This case exposed the lie that anti abortion politicians have been peddling for years that it's somehow safer when the state imposes medically unnecessary, onerous restrictions on health centers and clinicians that provide abortions.
[00:29:08] Texas was targeting abortion providers, requiring them to obtain often unattainable admitting privileges and adhere to prohibitively expensive building requirements like down to the inch dimensions for hallways and janitors closets.
[00:29:27] The significance of this Supreme Court ruling allowed abortion providers to remain open beyond Texas. Other states like Alabama, Mississippi, and Wisconsin's efforts to enforce these similar abortion restrictions also fell due to this ruling.
[00:29:50] The 19th and 20th centuries were a time of profound change in how abortion was viewed and regulated.
[00:29:59] This period saw the criminalization of abortion, its resurgence as a women's rights issue, and the ongoing struggle to balance competing interests and beliefs.
[00:30:13] All of this brings us to today in the modern era, abortion remains a contentious issue, with ongoing debates about its legality, morality and access.
[00:30:26] Laws and access to abortion vary significantly across countries and even within regions of some countries, medical advancements have led to safer abortion methods, including medication abortion.
[00:30:42] In December of 2021, almost 50 years after the landmark Roe ruling, the Supreme Court heard arguments in a case about a Mississippi ban on abortion at 15 weeks of pregnancy, Mississippi asked the Supreme Court to get rid of Roe.
[00:31:05] Justice Sonia Sotomayor spoke openly during the arguments about how Mississippi politicians admitted to writing the 15 week ban to give justices with records hostile to reproductive rights, including three new justices appointed, a chance to overturn Roe. In the previous 30 years, Sotomayor pointed out, 15 different justices from a variety of political backgrounds had reaffirmed that governments could not apply an undue burden to a woman if she wanted to end her pregnancy up to the time of viability.
[00:31:47] But now, with new justices in place, the Court was on the brink of taking back its recognition of a constitutional right.
[00:31:57] The precedent had not changed, but the makeup of the Court had.
[00:32:06] Most Americans never realized that the constitutional right to abortion was at risk until May of 2022, when a draft of a majority decision to overturn Roe was leaked.
[00:32:21] In June 2022, the U.S. supreme Court overturned Roe v. Wade, the landmark 1973 decision that it established a woman's constitutional right to an abortion.
[00:32:36] This action eliminated the federal protection for abortion rights, leaving individual states to regulate or ban the procedure.
[00:32:45] The consequences of this decision have been significant and far reaching.
[00:32:53] Several states had trigger laws in place designed to automatically ban or severely restrict abortion. If Roe v. Wade was overturned, these laws went into effect immediately, drastically changing the landscape of abortion access in those states.
[00:33:12] The legality of abortion now varies widely across the United States.
[00:33:18] Some states have enacted near total bans, while others have taken steps to protect abortion access.
[00:33:26] This has created a patchwork of laws with significant implications for women's health care and reproductive choices.
[00:33:35] The overturning of Roe v. Wade has made it more difficult for many women to access abortion care.
[00:33:43] Those in states with bans or severe restrictions may need to travel long distances to obtain a legal abortion, facing financial and logistical challenges.
[00:33:57] The legal battles over abortion rights are ongoing. With challenges to state laws and efforts to protect access to abortion, the future of abortion rights in the US Remains uncertain. The decision has had a major impact on the political landscape, galvanizing both supporters and opponents of abortion rights. It has also sparked renewed debate about the Supreme Court's role and constitutional rights future.
[00:34:30] The overturning of Roe v. Wade is a complex and controversial issue with profound implications for women's health, reproductive rights, and the legal and political landscape of the United States.
[00:34:45] Views on abortion are deeply influenced by cultural, religious, and moral beliefs.
[00:34:52] Access to safe and legal abortion is often framed as a matter of women's health, reproductive rights, and bodily autonomy.
[00:35:05] Conversely, arguments against abortion often center on the moral status and rights of the fetus.
[00:35:13] Access to abortion can be influenced by socioeconomic factors, with marginalized communities often facing greater barriers.
[00:35:24] Next week, we will take a deeper look at the impacts that have occurred with the overturning of Roe v. Wade.
