essays on abortion rights

10 Essential Essays About Women’s Reproductive Rights

“Reproductive rights” let a person decide whether they want to have children, use contraception, or terminate a pregnancy. Reproductive rights also include access to sex education and reproductive health services. Throughout history, the reproductive rights of women in particular have been restricted. Girls and women today still face significant challenges. In places that have seen reproductive rights expand, protections are rolling back. Here are ten essential essays about reproductive rights:

“Our Bodies, Ourselves: Reproductive Rights”

bell hooks Published in Feminism Is For Everyone (2014)

This essay opens strong: when the modern feminism movement started, the most important issues were the ones linked to highly-educated and privileged white women. The sexual revolution led the way, with “free love” as shorthand for having as much sex as someone wanted with whoever they wanted. This naturally led to the issue of unwanted pregnancies. Birth control and abortions were needed.

Sexual freedom isn’t possible without access to safe, effective birth control and the right to safe, legal abortion. However, other reproductive rights like prenatal care and sex education were not as promoted due to class bias. Including these other rights more prominently might have, in hooks’ words, “galvanized the masses.” The right to abortion in particular drew the focus of mass media. Including other reproductive issues would mean a full reckoning about gender and women’s bodies. The media wasn’t (and arguably still isn’t) ready for that.

“Racism, Birth Control, and Reproductive Rights”

Angela Davis Published in Women, Race, & Class (1981)

Davis’ essay covers the birth control movement in detail, including its race-based history. Davis argues that birth control always included racism due to the belief that poor women (specifically poor Black and immigrant women) had a “moral obligation” to birth fewer children. Race was also part of the movement from the beginning because only wealthy white women could achieve the goals (like more economic and political freedom) driving access to birth control.

In light of this history, Davis emphasizes that the fight for reproductive freedom hasn’t led to equal victories. In fact, the movements driving the gains women achieved actively neglected racial inequality. One clear example is how reproductive rights groups ignored forced sterilization within communities of color. Davis ends her essay with a call to end sterilization abuse.

“Reproductive Justice, Not Just Rights”

Dorothy Roberts Published in Dissent Magazine (2015)

Dorothy Roberts, author of Killing the Black Body and Fatal Invention , describes attending the March for Women’s Lives. She was especially happy to be there because co-sponsor SisterSong (a collective founded by 16 organizations led by women of color) shifted the focus from “choice” to “social justice.” Why does this matter? Roberts argues that the rhetoric of “choice” favors women who have options that aren’t available to low-income women, especially women of color. Conservatives face criticism for their stance on reproductive rights, but liberals also cause harm when they frame birth control as the solution to global “overpopulation” or lean on fetal anomalies as an argument for abortion choice.

Instead of “the right to choose,” a reproductive justice framework is necessary. This requires a living wage, universal healthcare, and prison abolition. Reproductive justice goes beyond the current pro-choice/anti-choice rhetoric that still favors the privileged.

“The Color of Choice: White Supremacy and Reproductive Justice”

Loretta J. Ross, SisterSong Published in Color of Violence: The INCITE! Anthology (2016)

White supremacy in the United States has always created different outcomes for its ethnic populations. The method? Population control. Ross points out that even a glance at reproductive politics in the headlines makes it clear that some women are encouraged to have more children while others are discouraged. Ross defines “reproductive justice,” which goes beyond the concept of “rights.” Reproductive justice is when reproductive rights are “embedded in a human rights and social justice framework.”

In the essay, Ross explores topics like white supremacy and population control on both the right and left sides of politics. She acknowledges that while the right is often blunter in restricting women of color and their fertility, white supremacy is embedded in both political aisles. The essay closes with a section on mobilizing for reproductive justice, describing SisterSong (where Ross is a founding member) and the March for Women’s Lives in 2004.

“Abortion Care Is Not Just For Cis Women”

Sachiko Ragosta Published in Ms. Magazine (2021)

Cisgender women are the focus of abortion and reproductive health services even though nonbinary and trans people access these services all the time. In their essay, Ragosta describes the criticism Ibis Reproductive Health received when it used the term “pregnant people.” The term alienates women, the critics said, but acting as if only cis women need reproductive care is simply inaccurate. As Ragosta writes, no one is denying that cis women experience pregnancy. The reaction to more inclusive language around pregnancy and abortion reveals a clear bias against trans people.

Normalizing terms like “pregnant people” help spaces become more inclusive, whether it’s in research, medical offices, or in day-to-day life. Inclusiveness leads to better health outcomes, which is essential considering the barriers nonbinary and gender-expansive people face in general and sexual/reproductive care.

“We Cannot Leave Black Women, Trans People, and Gender Expansive People Behind: Why We Need Reproductive Justice”

Karla Mendez Published in Black Women Radicals

Mendez, a freelance writer and (and the time of the essay’s publication) a student studying Interdisciplinary Studies, Political Science, and Women’s and Gender Studies, responds to the Texas abortion ban. Terms like “reproductive rights” and “abortion rights” are part of the mainstream white feminist movement, but the benefits of birth control and abortions are not equal. Also, as the Texas ban shows, these benefits are not secure. In the face of this reality, it’s essential to center Black people of all genders.

In her essay, Mendez describes recent restrictive legislation and the failure of the reproductive rights movement to address anti-Blackness, transphobia, food insecurity, and more. Groups like SisterSong have led the way on reproductive justice. As reproductive rights are eroded in the United States, the reproductive rights movement needs to focus on justice.

“Gee’s Bend: A Reproductive Justice Quilt Story From the South”

Mary Lee Bendolph Published in Radical Reproductive Justice (2017)

One of Mary Lee Bendolph’s quilt designs appears as the cover of Radical Reproductive Justice. She was one of the most important strip quilters associated with Gee’s Bend, Alabama. During the Civil Rights era, the 700 residents of Gee’s Bend were isolated and found it hard to vote or gain educational and economic power outside the village. Bendolph’s work didn’t become well-known outside her town until the mid-1990s.

Through an interview by the Souls Grown Foundation, we learn that Bendolph didn’t receive any sex education as a girl. When she became pregnant in sixth grade, she had to stop attending school. “They say it was against the law for a lady to go to school and be pregnant,” she said, because it would influence the other kids. “Soon as you have a baby, you couldn’t never go to school again.”

“Underground Activists in Brazil Fight for Women’s Reproductive Rights”

Alejandra Marks Published in The North American Congress on Latin America (2021)

While short, this essay provides a good introduction to abortion activism in Brazil, where abortion is legal only in the case of rape, fetal anencephaly, or when a woman’s life is at risk. The reader meets “Taís,” a single mother faced with an unwanted pregnancy. With no legal options, she researched methods online, including teas and pills. She eventually connected with a lawyer and activist who walked her through using Cytotec, a medication she got online. The activist stayed on the phone while Taís completed her abortion at home.

For decades, Latin American activists have helped pregnant people get abortion medications while wealthy Brazilians enter private clinics or travel to other countries. Government intimidation makes activism risky, but the stakes are high. Hundreds of Brazilians die each year from dangerous abortion methods. In the past decade, religious conservatives in Congress have blocked even mild reform. Even if a new president is elected, Brazil’s abortion rights movement will fight an uphill battle.

“The Ambivalent Activist”

Lauren Groff Published in Fight of the Century: Writers Reflect on 100 years of Landmark ACLU Cases (2020)

Before Roe v. Wade, abortion regulation around the country was spotty. 37 states still had near-bans on the procedure while only four states had repealed anti-abortion laws completely. In her essay, Groff summarizes the case in accessible, engaging prose. The “Jane Roe” of the case was Norma McCorvey. When she got pregnant, she’d already had two children, one of whom she’d given up for adoption. McCorvey couldn’t access an abortion provider because the pregnancy didn’t endanger her life. She eventually connected with two attorneys: Sarah Weddington and Linda Coffee. In 1973 on January 2, the Supreme Court ruled 7-2 that abortion was a fundamental right.

Norma McCorvey was a complicated woman. She later became an anti-choice activist (in an interview released after her death, she said Evangelical anti-choice groups paid her to switch her position), but as Groff writes, McCorvey had once been proud that it was her case that gave women bodily autonomy.

“The Abortion I Didn’t Want”

Caitlin McDonnell Published in Salon (2015) and Choice Words: Writers on Abortion (2020)

While talking about abortion is less demonized than in the past, it’s still fairly unusual to hear directly from people who’ve experienced it. It’s certainly unusual to hear more complicated stories. Caitlin McDonnell, a poet and teacher from Brooklyn, shares her experience. In clear, raw prose, this piece brings home what can be an abstract “issue” for people who haven’t experienced it or been close to someone who has.

In debates about abortion rights, those who carry the physical and emotional effects are often neglected. Their complicated feelings are weaponized to serve agendas or make judgments about others. It’s important to read essays like McDonnell’s and hear stories as nuanced and multi-faceted as humans themselves.

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About the author, emmaline soken-huberty.

Emmaline Soken-Huberty is a freelance writer based in Portland, Oregon. She started to become interested in human rights while attending college, eventually getting a concentration in human rights and humanitarianism. LGBTQ+ rights, women’s rights, and climate change are of special concern to her. In her spare time, she can be found reading or enjoying Oregon’s natural beauty with her husband and dog.

Princeton Legal Journal

The First Amendment and the Abortion Rights Debate

Sofia Cipriano

4 Prin.L.J.F. 12

Following Dobbs v. Jackson ’s (2022) reversal of Roe v. Wade (1973) — and the subsequent revocation of federal abortion protection — activists and scholars have begun to reconsider how to best ground abortion rights in the Constitution. In the past year, numerous Jewish rights groups have attempted to overturn state abortion bans by arguing that abortion rights are protected by various state constitutions’ free exercise clauses — and, by extension, the First Amendment of the U.S. Constitution. While reframing the abortion rights debate as a question of religious freedom is undoubtedly strategic, the Free Exercise Clause is not the only place to locate abortion rights: the Establishment Clause also warrants further investigation. 

Roe anchored abortion rights in the right to privacy — an unenumerated right with a long history of legal recognition. In various cases spanning the past two centuries, t he Supreme Court located the right to privacy in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments . Roe classified abortion as a fundamental right protected by strict scrutiny, meaning that states could only regulate abortion in the face of a “compelling government interest” and must narrowly tailor legislation to that end. As such, Roe ’s trimester framework prevented states from placing burdens on abortion access in the first few months of pregnancy. After the fetus crosses the viability line — the point at which the fetus can survive outside the womb  — states could pass laws regulating abortion, as the Court found that   “the potentiality of human life”  constitutes a “compelling” interest. Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) later replaced strict scrutiny with the weaker “undue burden” standard, giving states greater leeway to restrict abortion access. Dobbs v. Jackson overturned both Roe and Casey , leaving abortion regulations up to individual states. 

While Roe constituted an essential step forward in terms of abortion rights, weaknesses in its argumentation made it more susceptible to attacks by skeptics of substantive due process. Roe argues that the unenumerated right to abortion is implied by the unenumerated right to privacy — a chain of logic which twice removes abortion rights from the Constitution’s language. Moreover, Roe’s trimester framework was unclear and flawed from the beginning, lacking substantial scientific rationale. As medicine becomes more and more advanced, the arbitrariness of the viability line has grown increasingly apparent.  

As abortion rights supporters have looked for alternative constitutional justifications for abortion rights, the First Amendment has become increasingly more visible. Certain religious groups — particularly Jewish groups — have argued that they have a right to abortion care. In Generation to Generation Inc v. Florida , a religious rights group argued that Florida’s abortion ban (HB 5) constituted a violation of the Florida State Constitution: “In Jewish law, abortion is required if necessary to protect the health, mental or physical well-being of the woman, or for many other reasons not permitted under the Act. As such, the Act prohibits Jewish women from practicing their faith free of government intrusion and thus violates their privacy rights and religious freedom.” Similar cases have arisen in Indiana and Texas. Absent constitutional protection of abortion rights, the Christian religious majorities in many states may unjustly impose their moral and ethical code on other groups, implying an unconstitutional religious hierarchy. 

Cases like Generation to Generation Inc v. Florida may also trigger heightened scrutiny status in higher courts; The Religious Freedom Restoration Act (1993) places strict scrutiny on cases which “burden any aspect of religious observance or practice.”

But framing the issue as one of Free Exercise does not interact with major objections to abortion rights. Anti-abortion advocates contend that abortion is tantamount to murder. An anti-abortion advocate may argue that just as religious rituals involving human sacrifice are illegal, so abortion ought to be illegal. Anti-abortion advocates may be able to argue that abortion bans hold up against strict scrutiny since “preserving potential life” constitutes a “compelling interest.”

The question of when life begins—which is fundamentally a moral and religious question—is both essential to the abortion debate and often ignored by left-leaning activists. For select Christian advocacy groups (as well as other anti-abortion groups) who believe that life begins at conception, abortion bans are a deeply moral issue. Abortion bans which operate under the logic that abortion is murder essentially legislate a definition of when life begins, which is problematic from a First Amendment perspective; the Establishment Clause of the First Amendment prevents the government from intervening in religious debates. While numerous legal thinkers have associated the abortion debate with the First Amendment, this argument has not been fully litigated. As an amicus brief filed in Dobbs by the Freedom From Religion Foundation, Center for Inquiry, and American Atheists  points out, anti-abortion rhetoric is explicitly religious: “There is hardly a secular veil to the religious intent and positions of individuals, churches, and state actors in their attempts to limit access to abortion.” Justice Stevens located a similar issue with anti-abortion rhetoric in his concurring opinion in Webster v. Reproductive Health Services (1989) , stating: “I am persuaded that the absence of any secular purpose for the legislative declarations that life begins at conception and that conception occurs at fertilization makes the relevant portion of the preamble invalid under the Establishment Clause of the First Amendment to the Federal Constitution.” Judges who justify their judicial decisions on abortion using similar rhetoric blur the line between church and state. 

Framing the abortion debate around religious freedom would thus address the two main categories of arguments made by anti-abortion activists: arguments centered around issues with substantive due process and moral objections to abortion. 

Conservatives may maintain, however, that legalizing abortion on the federal level is an Establishment Clause violation to begin with, since the government would essentially be imposing a federal position on abortion. Many anti-abortion advocates favor leaving abortion rights up to individual states. However, in the absence of recognized federal, constitutional protection of abortion rights, states will ban abortion. Protecting religious freedom of the individual is of the utmost importance  — the United States government must actively intervene in order to uphold the line between church and state. Protecting abortion rights would allow everyone in the United States to act in accordance with their own moral and religious perspectives on abortion. 

Reframing the abortion rights debate as a question of religious freedom is the most viable path forward. Anchoring abortion rights in the Establishment Clause would ensure Americans have the right to maintain their own personal and religious beliefs regarding the question of when life begins. In the short term, however, litigants could take advantage of Establishment Clauses in state constitutions. Yet, given the swing of the Court towards expanding religious freedom protections at the time of writing, Free Exercise arguments may prove better at securing citizens a right to an abortion. 

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There’s a Better Way to Debate Abortion

Caution and epistemic humility can guide our approach.

If Justice Samuel Alito’s draft majority opinion in Dobbs v. Jackson Women’s Health Organization becomes law, we will enter a post– Roe v. Wade world in which the laws governing abortion will be legislatively decided in 50 states.

In the short term, at least, the abortion debate will become even more inflamed than it has been. Overturning Roe , after all, would be a profound change not just in the law but in many people’s lives, shattering the assumption of millions of Americans that they have a constitutional right to an abortion.

This doesn’t mean Roe was correct. For the reasons Alito lays out, I believe that Roe was a terribly misguided decision, and that a wiser course would have been for the issue of abortion to have been given a democratic outlet, allowing even the losers “the satisfaction of a fair hearing and an honest fight,” in the words of the late Justice Antonin Scalia. Instead, for nearly half a century, Roe has been the law of the land. But even those who would welcome its undoing should acknowledge that its reversal could convulse the nation.

From the December 2019 issue: The dishonesty of the abortion debate

If we are going to debate abortion in every state, given how fractured and angry America is today, we need caution and epistemic humility to guide our approach.

We can start by acknowledging the inescapable ambiguities in this staggeringly complicated moral question. No matter one’s position on abortion, each of us should recognize that those who hold views different from our own have some valid points, and that the positions we embrace raise complicated issues. That realization alone should lead us to engage in this debate with a little more tolerance and a bit less certitude.

Many of those on the pro-life side exhibit a gap between the rhetoric they employ and the conclusions they actually seem to draw. In the 1990s, I had an exchange, via fax, with a pro-life thinker. During our dialogue, I pressed him on what he believed, morally speaking , should be the legal penalty for a woman who has an abortion and a doctor who performs one.

My point was a simple one: If he believed, as he claimed, that an abortion even moments after conception is the killing of an innocent child—that the fetus, from the instant of conception, is a human being deserving of all the moral and political rights granted to your neighbor next door—then the act ought to be treated, if not as murder, at least as manslaughter. Surely, given what my interlocutor considered to be the gravity of the offense, fining the doctor and taking no action against the mother would be morally incongruent. He was understandably uncomfortable with this line of questioning, unwilling to go to the places his premises led. When it comes to abortion, few people are.

Humane pro-life advocates respond that while an abortion is the taking of a human life, the woman having the abortion has been misled by our degraded culture into denying the humanity of the child. She is a victim of misinformation; she can’t be held accountable for what she doesn’t know. I’m not unsympathetic to this argument, but I think it ultimately falls short. In other contexts, insisting that people who committed atrocities because they truly believed the people against whom they were committing atrocities were less than human should be let off the hook doesn’t carry the day. I’m struggling to understand why it would in this context.

There are other complicating matters. For example, about half of all fertilized eggs are aborted spontaneously —that is, result in miscarriage—usually before the woman knows she is pregnant. Focus on the Family, an influential Christian ministry, is emphatic : “Human life begins at fertilization.” Does this mean that when a fertilized egg is spontaneously aborted, it is comparable—biologically, morally, ethically, or in any other way—to when a 2-year-old child dies? If not, why not? There’s also the matter of those who are pro-life and contend that abortion is the killing of an innocent human being but allow for exceptions in the case of rape or incest. That is an understandable impulse but I don’t think it’s a logically sustainable one.

The pro-choice side, for its part, seldom focuses on late-term abortions. Let’s grant that late-term abortions are very rare. But the question remains: Is there any point during gestation when pro-choice advocates would say “slow down” or “stop”—and if so, on what grounds? Or do they believe, in principle, that aborting a child up to the point of delivery is a defensible and justifiable act; that an abortion procedure is, ethically speaking, the same as removing an appendix? If not, are those who are pro-choice willing to say, as do most Americans, that the procedure gets more ethically problematic the further along in a pregnancy?

Read: When a right becomes a privilege

Plenty of people who consider themselves pro-choice have over the years put on their refrigerator door sonograms of the baby they are expecting. That tells us something. So does biology. The human embryo is a human organism, with the genetic makeup of a human being. “The argument, in which thoughtful people differ, is about the moral significance and hence the proper legal status of life in its early stages,” as the columnist George Will put it.

These are not “gotcha questions”; they are ones I have struggled with for as long as I’ve thought through where I stand on abortion, and I’ve tried to remain open to corrections in my thinking. I’m not comfortable with those who are unwilling to grant any concessions to the other side or acknowledge difficulties inherent in their own position. But I’m not comfortable with my own position, either—thinking about abortion taking place on a continuum, and troubled by abortions, particularly later in pregnancy, as the child develops.

The question I can’t answer is where the moral inflection point is, when the fetus starts to have claims of its own, including the right to life. Does it depend on fetal development? If so, what aspect of fetal development? Brain waves? Feeling pain? Dreaming? The development of the spine? Viability outside the womb? Something else? Any line I might draw seems to me entirely arbitrary and capricious.

Because of that, I consider myself pro-life, but with caveats. My inability to identify a clear demarcation point—when a fetus becomes a person—argues for erring on the side of protecting the unborn. But it’s a prudential judgment, hardly a certain one.

At the same time, even if one believes that the moral needle ought to lean in the direction of protecting the unborn from abortion, that doesn’t mean one should be indifferent to the enormous burden on the woman who is carrying the child and seeks an abortion, including women who discover that their unborn child has severe birth defects. Nor does it mean that all of us who are disturbed by abortion believe it is the equivalent of killing a child after birth. In this respect, my view is similar to that of some Jewish authorities , who hold that until delivery, a fetus is considered a part of the mother’s body, although it does possess certain characteristics of a person and has value. But an early-term abortion is not equivalent to killing a young child. (Many of those who hold this position base their views in part on Exodus 21, in which a miscarriage that results from men fighting and pushing a pregnant woman is punished by a fine, but the person responsible for the miscarriage is not tried for murder.)

“There is not the slightest recognition on either side that abortion might be at the limits of our empirical and moral knowledge,” the columnist Charles Krauthammer wrote in 1985. “The problem starts with an awesome mystery: the transformation of two soulless cells into a living human being. That leads to an insoluble empirical question: How and exactly when does that occur? On that, in turn, hangs the moral issue: What are the claims of the entity undergoing that transformation?”

That strikes me as right; with abortion, we’re dealing with an awesome mystery and insoluble empirical questions. Which means that rather than hurling invective at one another and caricaturing those with whom we disagree, we should try to understand their views, acknowledge our limitations, and even show a touch of grace and empathy. In this nation, riven and pulsating with hate, that’s not the direction the debate is most likely to take. But that doesn’t excuse us from trying.

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How Black Feminists Defined Abortion Rights

By Keeanga-Yamahtta Taylor

It will probably be months before the Supreme Court decides, in Dobbs v. Jackson Women’s Health Organization , whether to overturn Roe v. Wade. But, in this latest round of attacks on Roe, a novel line of argument has emerged: that forced pregnancy and parenthood no longer constitute a hardship for women. Lawyers representing Mississippi, the appellant in the lawsuit, describe a world that has fundamentally changed over the past fifty years, in which the burdens of parenting have been lifted and women have been empowered to have it all—to assume a career while still raising families. As for those women who would prefer not to parent, they now have the option to simply terminate their parental rights.

In a legal brief, Mississippi described a fantasy land, where “many (largely post-dating Roe ) laws protect equal opportunity—including prohibitions on sex and pregnancy discrimination in employment,” where the law guarantees parental leave, and where there is “support to offset the costs of childcare for working mothers.” The brief continued, “Sweeping policy advances now promote women’s full pursuit of both career and family.” In an interview with a local television station, the state attorney general, Lynn Fitch, added, as a flourish, “Fifty years ago, for professional women, they wanted you to make a choice. Now you don’t have to. Now you have the opportunity to be whatever you want to be. You have the option in life to really achieve your dreams, your goals, and you can have those beautiful children as well.” These would be wild claims under normal circumstances, but, in the midst of the pandemic, when child-care costs have been rising dramatically and when intermittent and impromptu school closures have forced nearly two million women out of the workforce, they are ludicrous.

According to the legal regime in Mississippi, the ability to give up one’s child for adoption cinches the final loophole in the logic of banning abortion. Justice Amy Coney Barrett added her own gloss on this claim through her questioning of the Jackson Women’s Health Organization’s lawyers, suggesting that safe-haven laws, which allow women to relinquish their infants, mean that “the obligations of motherhood” no longer “flow from pregnancy.” She continued, “It doesn’t seem to follow that pregnancy and then parenthood are all part of the same burden. And so it seems to me that the choice, more focussed, would be between, say, the ability to get an abortion at twenty-three weeks, or the state requiring the woman to go fifteen, sixteen weeks more and then terminate parental rights at the conclusion.”

The powerful men and women championing an end to abortion seek to recast an unwanted pregnancy as an inconvenience for “professional women.” But rich women have always had a bounty of choices when deciding to end a pregnancy and when deciding to have children. Fitch, who likes to use her own story as a single mother of three as evidence that women can have it all, was able to afford day care and a nanny. It should go without saying that these are not options for poor and working-class women, who without access to abortion will lose their right and ability to control their own destiny. In 2014, three-quarters of abortion patients qualified as low-income or poor, according to the Guttmacher Institute. That year, Black and brown patients accounted for more than half of abortions performed.

That Dobbs originates in Mississippi, the poorest state in the country, twists this fairy tale into a cruel joke. In Mississippi, nearly half of women-led households live in poverty, almost twice the national average; twelve per cent of women in the state lack health insurance, compared with eight per cent nationally. Barrett’s blithe suggestion that pregnant women simply “go fifteen, sixteen weeks more” ignores, among many burdens, that pregnant women in Mississippi die at higher rates than their peers in most states, including Louisiana and Georgia. And because this case is no longer just about Mississippi, it also ignores the fact that Black women are three to four times more at risk of dying in childbirth than white women.

For poor and working-class women, a disproportionate number of whom are Black and brown, overturning Roe won’t mean that abortions will end. It will mean that safe and sound abortions in health-care facilities will move further out of reach. This dilemma has been a permanent feature of the modern movement for abortion rights. One study found that eighty per cent of deaths caused by septic abortions in New York City in the nineteen-sixties involved Black and Puerto Rican women. In Georgia, between 1965 and 1967, the Black maternal death rate was fourteen times that of white women. During this period, nurses reported that “sticks, rocks, chopsticks, rubber or plastic tubes, gauze or cotton packing, ballpoint pens, coat hangers, or knitting needles” were administered to terminate pregnancies. For these women, access to abortion was not abstract—it was a matter of life and death.

If the Roe decision had simply affirmed that access to abortion was elemental to the social equality of women, it would have become something closer to an incontrovertible right. Instead, the Justices explicitly disagreed with the appellant’s claim that “the woman’s right is absolute and that she is entitled to terminate her pregnancy at whatever time, in whatever way, and for whatever reason she alone chooses.” The twenty-one-page decision, written by Justice Harry Blackmun, considers when life begins, the potential harm experienced by unwanted children, and the right to privacy between a physician and a patient, but there is nothing about the equality of women and the ways that forced pregnancy impairs its actualization.

Within a few years, new legislation began to restrict poor and working-class women’s right to an abortion. The passage of the Hyde Amendment, in 1976, eliminated Medicaid funding of abortion except in cases in which the mother’s life is at risk. The impact was immediate. The number of abortions financed by Medicaid dropped from three hundred thousand a year to a few thousand.

In Roe, the Supreme Court claimed to want to make a dispassionate decision, one not influenced by the larger debates concerning abortion. “Population growth, pollution, poverty, and racial overtones tend to complicate and not to simplify the problem,” Blackmun wrote. In this way, the Court’s decision reflected the narrowness of the mainstream women’s movement, which viewed abortion as the singular way to measure women’s right to control their reproductive lives. In both cases, the broad range of factors constraining women’s equality was ignored, because doing otherwise would open larger and more complicated issues involving pay, family structure, social provision, and a more capacious consideration of reproductive rights. It would also require accounting for the ways that women’s equality had different meanings for women who were not white or middle class. Black, Puerto Rican, and Chicana women had different constraints and burdens in their daily lives that meant they would have different approaches to achieving liberation.

When the National Organization for Women formed, in 1966, it patterned its mission after the civil-rights strategy of changing the legal framework of discrimination. Yet even as NOW demanded a dramatic expansion of rights for women, it largely overlooked the concerns of poor and working-class women of color. This was made plain in 1969, when NOW ’s president, Betty Friedan , gave an address at a conference that marked the formation of the National Association for the Repeal of Abortion Laws. She said, “As the Negro was the invisible man, so women are the invisible people in America today: we must now become visible women who have a share in the decisions of the mainstream of government, of politics, of the church—who don’t just cook the church supper but preach the sermon; who don’t just look up the Zip Code and address the envelopes but make the political decisions; who don’t just do the housework of industry but make some of the executive decisions. Women, above all, who say what their own lives and personalities are going to be, and no longer listen to or even permit male experts to define what ‘feminine’ is or isn’t.” These were certainly examples and sites of sexism, but Friedan ignored the possibility that “woman” was not a universal category as she prioritized the problems of white and middle-class women as the most urgent. And if there was any confusion over whom she was addressing, Friedan went on to explain that NOW ’s purpose was to “break out of the confines of that sterile little suburban family to relate to each other in terms of all of the possible dimensions of our personalities.”

The chasm between middle-class white women’s demands and aspirations and those of poor and working-class women of color began to be addressed by the emergence of Black feminists in the late sixties. These women, who included Toni Cade Bambara, Frances Beal, Alice Walker, and Barbara Smith, argued that real equality could be achieved only by expanding the parameters of what constituted “reproductive justice” to include the entire context within which decisions about having or not having children were made. Organizations like NOW mobilized predominately white women to fight for abortion rights, but they often ignored or minimized the glaring issue of coerced or forced sterilizations, which was critical to women of color. According to a national study conducted by Princeton University in 1970, twenty-one per cent of married Black women had been sterilized. As the legal scholar Dorothy Roberts has observed, “The dominant women’s movement has focussed myopically on abortion rights at the expense of other aspects of reproductive freedom, including the right to bear children, and has misunderstood criticism of coercive birth-control policies.”

For Black feminists, many of whom had become radicalized through their involvement in the civil-rights movement, the persistent racism and sexism that they experienced compelled them to question the totality of American society, not just their place in it. In 1969, Beal penned one of the pioneering documents of Black feminism, a pamphlet titled “Double Jeopardy: To Be Black and Female.” Beal wrote, “it is idle dreaming to think of black women simply caring for their homes and children like the middle-class white model. Most black women have to work to help house, feed, and clothe their families. Black women make up a substantial percentage of the black working force and this is true for the poorest black family as well as the so-called ‘middle-class’ family.” This double burden, Beal continued, was ignored by many Black men, who may have seen the “System for what it really is” when it came to their own subjugation but, when it came to women, seemed to be reading “from the pages of the Ladies Home Journal .” This inattention compelled Black women to organize their own groups, set their own agendas, and develop their own strategies—what the Combahee River Collective would later describe as “identity politics.”

By the time Beal wrote “Double Jeopardy,” she and several other Black women in the Student Nonviolent Coordinating Committee ( SNCC ) were leaving the group because of increasingly divergent ideas about the role of women in the Black movement. Among Black men in the movement, there was a pervasive belief that Black women should follow the men’s political lead. As Beal wrote, “To assign women the role of housekeeper and mother while men go forth into battle is a highly questionable doctrine for a revolutionary to maintain. Each individual must develop a high political consciousness in order to understand how this System enslaves us all and what actions we must take to bring about its total destruction. Those who consider themselves to be revolutionary must begin to deal with other revolutionaries as equals. And, so far as I know, revolutionaries are not determined by sex.”

This was more than a debate over the women in radical politics. Beal and her women comrades were chafing against the influence of Daniel Patrick Moynihan’s 1965 report on the state of the Black family, which included a thesis that the emasculation of Black men led them to retreat from their natural role as patriarchs, causing Black women to take leadership of their families. In his view, this gender confusion led to the collapse of Black family life, spawning criminality among men and producing unruly children. Moynihan wrote, “At the center of the tangle of pathology is the weakness of the family structure. Once or twice removed, it will be found to be the principal source of most of the aberrant, inadequate, or antisocial behavior that did not establish, but now serves to perpetuate the cycle of poverty and deprivation.”

Moynihan was criticized for essentially blaming Black women for the poverty and hardship that shaped the lives of their families. In a speech a year after the report was published, the SNCC leader Stokely Carmichael said, “To set the record straight, the reason we are in the bag we are in isn’t because of my mama, it’s because of what they did to my mama. . . . We have to put the blame where it belongs.” But, for many other Black men, Moynihan provided a framework in which they could understand their marginalization and attempt to repair the damage—by reasserting their rightful positions as patriarchs. Assuming this role meant denouncing birth control and abortion as tools of genocide that compromised the future and freedom of Black families. In 1971, the comedian and activist Dick Gregory wrote a cover story for Ebony that began, “My answer to genocide, quite simply, is eight kids—and another baby on the way.” Gregory, who never quotes his wife in the article or even mentions her name, goes on to claim that birth control and abortion both had been designed to “limit the black population,” describing them casually as methods of genocide. Speaking to the U.S. Commission on Population Control, in 1971, the Reverend Jesse Jackson said, “Virtually all the security we have is in the number of children we produce.”

For Beal, a single mother of two children, and other Black feminists, reproductive freedom, including access to birth control and abortion and the right to have children on their terms, was the most basic element of self-determination in a society where their choices were heavily circumscribed by racism, gender, and class position. As a result, Black women activists not only took up the immediate questions concerning reproduction but they also raised issues about child care, employment, welfare, and the other material necessities that could help women take care of their children and choose to bring them into the world. By focussing on the plight of poor women, they made it easier to see that the struggle for abortion and reproductive freedom was about equality, not just privacy or even “choice.” Their insights into the ways that poverty and other forms of oppression limited their life chances compelled them to demand reproductive justice—which also involved the right to raise children in healthy environments where their and their parents’ basic needs could be met. It is a standard that certainly was not achieved with Roe, but is needed now more than ever.

More on Abortion and Roe v. Wade

In the post-Roe era, letting pregnant patients get sicker— by design .

The study that debunks most anti-abortion arguments .

Of course the Constitution has nothing to say about abortion .

How the real Jane Roe shaped the abortion wars.

Recent data suggest that taking abortion pills at home is as safe as going to a clinic. 

When abortion is criminalized, women make desperate choices .

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By Rachel Aviv

How Abortion’s Legal Landscape Post-Roe is Causing Fear and Confusion

We spoke with seven reproductive rights organizations — here’s what we found..

This is The Marshall Project’s Closing Argument newsletter, a weekly deep dive into a key criminal justice issue. Want this delivered to your inbox? Subscribe to future newsletters .

For years before the Supreme Court upended Roe v. Wade, the landmark precedent protecting abortion access, a network of conservative Christians was slowly and methodically stacking the courts through political means. “[W]hat Trump and his Republican allies had done was to change the country by leveraging political force to conquer the courts,” Elizabeth Dias and Lisa Lerer wrote in their recent recounting of the network’s maneuvering for The New York Times Magazine.

“Their policy arms churned out legal arguments and medical studies. Their lawyers argued their cases, and their judges ruled on them,” Dias and Lerer explained.

This strategy helps to decode the ever-changing post-Roe legal landscape. With Roe out of the way, and with many courts stacked in their favor, conservative state legislatures have continued to pass increasingly restrictive and punitive abortion laws. At least 14 states have banned abortion with limited exceptions since the Dobbs v. Jackson Women’s Health Organization decision ended Roe in 2022. Another seven states have banned the procedure before 18 weeks, according to the Guttmacher Institute , a research organization that advocates for reproductive rights, including abortion.

Nearly two years after Dobbs, the legality of abortion in the United States is still being debated in court. A total of 40 cases have challenged abortion bans in 23 states as of January, according to the think tank Brennan Center for Justice.

The Marshall Project has been tracking the ripple effects of these laws and lawsuits, particularly in Southern states in which most pregnancy-related prosecutions are concentrated. We wanted to understand how reproductive rights lawyers, advocacy groups, abortion providers and their patients are responding to this new legal reality and what new risks they face. Over the course of several weeks, we heard from seven organizations in Alabama, Mississippi, North Carolina and South Carolina.

The end of Roe ushered in a climate of fear and confusion, many of the organizations told us. New laws and novel prosecutorial tactics have raised critical questions about free speech, interstate travel, telemedicine and more. All while the reproductive rights legal community has scrambled to keep up.

Here are other important takeaways:

A set of lawsuits in Alabama, where abortion is banned, illustrates the new dynamics. State Attorney General Steve Marshall threatened to prosecute anyone helping residents get an out-of-state abortion. The threat extends to organizations, such as Yellowhammer Fund, that provide information about where to go and what to consider when seeking an abortion in a state where the procedure is legal.

Yellowhammer Fund and another organization filed suit, questioning the constitutionality of the state ban. Such prosecutions would violate Alabamians’ right to free speech, they argued.

Marshall “has threatened to criminalize in a way calculated to chill the speech, expressive conduct, and association of helpers, and to isolate pregnant people — a known tactic of abusers — to make it more difficult for them to travel and access needed medical care,” lawyers for the case explained in their initial complaint .

Marshall moved to dismiss the lawsuit, arguing the state could prosecute people using its anti-conspiracy laws . But earlier this month a federal judge ruled the lawsuit can proceed.

Many of the reproductive rights organizations we spoke to across the South said they’ve also struggled with what information they can legally share. Most lawyers won’t give them guidance, one group told us, saying the laws are too untested and too risky.

Many of the recent state laws take aim at people helping someone seeking an abortion or those looking to leave a state where abortion is illegal. Several states have focused on aid to minors.

Take, for example, a soon-to-be-enacted law in Tennessee that would punish adults for taking minors across state lines to end a pregnancy. A law in Idaho that did the same has been temporarily put on hold by a federal court. These laws are copycats of Texas’ S.B. 8, which allows anyone to sue people aiding or abetting an abortion.

In her ruling blocking the Idaho law from taking effect, U.S. District Magistrate Debora K. Grasham wrote that the case was about much more than abortion. “Namely, long-standing and well recognized fundamental rights of freedom of speech, expression, due process, and parental rights,” she wrote. “These are not competing rights, nor are they at odds.”

Challenging these laws legally is complex because there is limited legal precedent. Last year, the Department of Justice sought to clarify the constitutionality of the travel bans. “The right to travel from one state to another is firmly embedded in the Supreme Court’s jurisprudence and the Constitution,” the department noted.

Even before the Dobbs decision, labor and delivery wards in rural hospitals were shutting down , citing costs and financial uncertainty. By 2020, half of rural community hospitals stopped providing obstetrics care, according to the American Hospital Association. About 60 million , or 1 in 5, Americans live in rural areas.

Adding to the strain, rural hospitals are also experiencing a “brain drain.” Some doctors, wary of restrictive abortion laws, are leaving in droves . That has created maternity care deserts — where access to reproductive health care, including abortions, is nearly impossible. Women in these regions often have to travel hundreds of miles to find care , if they can afford to do so at all.

For people in states with abortion restrictions, and where health care is scarce, access to telehealth medicine is also up for legal debate.

In Ohio , the ACLU and Planned Parenthood are suing the state Department of Health because of laws that make it hard to get abortion medications using telehealth services. A court there previously recognized telehealth medication abortion services as a safe and effective option.

Now, the fight has grown bigger as the ACLU and Planned Parenthood challenge more Ohio laws, including those that prevent certain health care professionals, like nurse practitioners, from providing medication abortions.

The case extends beyond Ohio; it shows how people in rural areas, already facing limited health care, are hit hardest by these restrictions. This is even more true for low-income women, who are six times more likely to have an abortion and twice as likely to lack health insurance compared to higher-income women, per a Guttmacher Institute study .

“So many people across the country had questions,” said Clara Spera, senior counsel at the National Women’s Law Center, where she helps lead the Abortion Access Legal Defense Fund. “What can I do? What can I not do? What’s different today than it was yesterday? There was just a real need to navigate the chaos.”

The laws are not only changing rapidly — so that legal guidance that is relevant today could be out-of-date only weeks later — but these laws often change locally . For example, in Texas last year, Lubbock County passed an ordinance that would bar pregnant people from driving through Lubbock County to get an abortion in another state. Meanwhile, the city council of neighboring Amarillo has yet to approve the travel ban .

To solve this issue — and provide legal expertise to attorneys navigating the uncertainty — nonprofit legal organizations have banded together to form coalitions. One such example is the Abortion Defense Network , launched last year by several organizations, including the Lawyering Project, the ACLU and the National Women’s Law Center.

“The Abortion Defense Network leverages the resources and expertise of six leading reproductive rights organizations, and a number of very well respected nationwide law firms, to provide legal help, assistance and support to those who provide abortion care, those who help people obtain abortion care, or want to do one of those things,” Spera explained.

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Nicole Lewis Twitter Email is the engagement editor for The Marshall Project, leading the organization’s strategic efforts to deepen reporting that reaches communities most affected by the criminal legal system.

Aala Abdullahi Email Aala Abdullahi is an engagement reporter for The Marshall Project. She previously served as the innovation editor at Sahan Journal, where she led the successful completion of the Citizen Lab project, a comprehensive investigation into the news needs of Minnesota's Latino, Somali, and Hmong communities.

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Persuasive Essay Guide

Persuasive Essay About Abortion

Crafting a Convincing Persuasive Essay About Abortion

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Are you about to write a persuasive essay on abortion but wondering how to begin?

Writing an effective persuasive essay on the topic of abortion can be a difficult task for many students. 

It is important to understand both sides of the issue and form an argument based on facts and logical reasoning. This requires research and understanding, which takes time and effort.

In this blog, we will provide you with some easy steps to craft a persuasive essay about abortion that is compelling and convincing. Moreover, we have included some example essays and interesting facts to read and get inspired by. 

So let's start!

• 1. How To Write a Persuasive Essay About Abortion?
• 2. Persuasive Essay About Abortion Examples
• 3. Examples of Argumentative Essay About Abortion
• 4. Abortion Persuasive Essay Topics
• 5. Facts About Abortion You Need to Know

How To Write a Persuasive Essay About Abortion?

Abortion is a controversial topic, with people having differing points of view and opinions on the matter. There are those who oppose abortion, while some people endorse pro-choice arguments. 

It is also an emotionally charged subject, so you need to be extra careful when crafting your persuasive essay .

Before you start writing your persuasive essay, you need to understand the following steps.

Step 1: Choose Your Position

The first step to writing a persuasive essay on abortion is to decide your position. Do you support the practice or are you against it? You need to make sure that you have a clear opinion before you begin writing. 

Once you have decided, research and find evidence that supports your position. This will help strengthen your argument. 

Check out the video below to get more insights into this topic:

Step 2: Choose Your Audience

The next step is to decide who your audience will be. Will you write for pro-life or pro-choice individuals? Or both? 

Knowing who you are writing for will guide your writing and help you include the most relevant facts and information.

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Step 3: Define Your Argument

Now that you have chosen your position and audience, it is time to craft your argument. 

Start by defining what you believe and why, making sure to use evidence to support your claims. You also need to consider the opposing arguments and come up with counter arguments. This helps make your essay more balanced and convincing.

Step 4: Format Your Essay

Once you have the argument ready, it is time to craft your persuasive essay. Follow a standard format for the essay, with an introduction, body paragraphs, and conclusion. 

Make sure that each paragraph is organized and flows smoothly. Use clear and concise language, getting straight to the point.

Step 5: Proofread and Edit

The last step in writing your persuasive essay is to make sure that you proofread and edit it carefully. Look for spelling, grammar, punctuation, or factual errors and correct them. This will help make your essay more professional and convincing.

These are the steps you need to follow when writing a persuasive essay on abortion. It is a good idea to read some examples before you start so you can know how they should be written.

Continue reading to find helpful examples.

Persuasive Essay About Abortion Examples

To help you get started, here are some example persuasive essays on abortion that may be useful for your own paper.

Short Persuasive Essay About Abortion

Persuasive Essay About No To Abortion

What Is Abortion? - Essay Example

Persuasive Speech on Abortion

Legal Abortion Persuasive Essay

Persuasive Essay About Abortion in the Philippines

Persuasive Essay about legalizing abortion

You can also read m ore persuasive essay examples to imp rove your persuasive skills.

Examples of Argumentative Essay About Abortion

An argumentative essay is a type of essay that presents both sides of an argument. These essays rely heavily on logic and evidence.

Here are some examples of argumentative essay with introduction, body and conclusion that you can use as a reference in writing your own argumentative essay. 

Abortion Persuasive Essay Introduction

Argumentative Essay About Abortion Conclusion

Argumentative Essay About Abortion Pdf

Argumentative Essay About Abortion in the Philippines

Argumentative Essay About Abortion - Introduction

Abortion Persuasive Essay Topics

If you are looking for some topics to write your persuasive essay on abortion, here are some examples:

• Should abortion be legal in the United States?
• Is it ethical to perform abortions, considering its pros and cons?
• What should be done to reduce the number of unwanted pregnancies that lead to abortions?
• Is there a connection between abortion and psychological trauma?
• What are the ethical implications of abortion on demand?
• How has the debate over abortion changed over time?
• Should there be legal restrictions on late-term abortions?
• Does gender play a role in how people view abortion rights?
• Is it possible to reduce poverty and unwanted pregnancies through better sex education?
• How is the anti-abortion point of view affected by religious beliefs and values? 

These are just some of the potential topics that you can use for your persuasive essay on abortion. Think carefully about the topic you want to write about and make sure it is something that interests you. 

Check out m ore persuasive essay topics that will help you explore other things that you can write about!

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Facts About Abortion You Need to Know

Here are some facts about abortion that will help you formulate better arguments.

• According to the Guttmacher Institute , 1 in 4 pregnancies end in abortion.
• The majority of abortions are performed in the first trimester.
• Abortion is one of the safest medical procedures, with less than a 0.5% risk of major complications.
• In the United States, 14 states have laws that restrict or ban most forms of abortion after 20 weeks gestation.
• Seven out of 198 nations allow elective abortions after 20 weeks of pregnancy.
• In places where abortion is illegal, more women die during childbirth and due to complications resulting from pregnancy.
• A majority of pregnant women who opt for abortions do so for financial and social reasons.
• According to estimates, 56 million abortions occur annually.

In conclusion, these are some of the examples, steps, and topics that you can use to write a persuasive essay. Make sure to do your research thoroughly and back up your arguments with evidence. This will make your essay more professional and convincing. 

Need the services of a persuasive essay writing service ? We've got your back!

MyPerfectWords.com that provides help to students in the form of professionally written essays. Our persuasive essay writer can craft quality persuasive essays on any topic, including abortion. 

So, just ask our experts ' do my essay ' and get professional help.

Frequently Asked Questions

What should i talk about in an essay about abortion.

When writing an essay about abortion, it is important to cover all the aspects of the subject. This includes discussing both sides of the argument, providing facts and evidence to support your claims, and exploring potential solutions.

What is a good argument for abortion?

A good argument for abortion could be that it is a woman’s choice to choose whether or not to have an abortion. It is also important to consider the potential risks of carrying a pregnancy to term.

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Keep reading

Abortion in the US: What you need to know

Subscribe to the center for economic security and opportunity newsletter, isabel v. sawhill and isabel v. sawhill senior fellow emeritus - economic studies , center for economic security and opportunity @isawhill kai smith kai smith research assistant - the brookings institution, economic studies.

May 29, 2024

Key takeaways:

One in every four women will have an abortion in their lifetime.

• The vast majority of abortions (about 95%) are the result of unintended pregnancies.
• Most abortion patients are in their twenties (61%), Black or Latino (59%), low-income (72%), unmarried (86%), between six and twelve weeks pregnant (73%), and already have given birth to one or more children (55%).
• Despite state bans, U.S. abortion totals increased in the first full year after the Supreme Court overturned Roe v. Wade.

Introduction

Two years after the Supreme Court overturned Roe v. Wade, abortion remains one of the most hotly contested issues in American politics. The abortion landscape has become highly fractured, with some states implementing abortion bans and restrictions and others increasing protections and access. The Supreme Court heard two more cases on abortion this term and will likely release those decisions in June. Beyond the Supreme Court, pro-choice and pro-life advocates are fiercely battling it out in the voting booths, state legislatures, and courts. If the 2022 midterm elections are any indication , abortion will be one of the most influential issues of the 2024 election. So what are the basic facts about abortion in America? This primer is designed to tell you most of what you need to know.

What are the different types of abortion?

There are two main types of abortion: procedural abortions and medication abortions. Procedural abortions (also called in-clinic or surgical abortions) are provided by health care professionals in a clinical setting. Medication abortions (also called medical abortions or the abortion pill) typically involve the oral ingestion of two drugs in succession, mifepristone and misoprostol.

Most women discover they are pregnant in the first five to six weeks of pregnancy, but about a third of women do not learn they are pregnant until they are beyond six weeks of gestation. 1 Women with unintended pregnancies detect their pregnancies later than women with intended pregnancies, between six and seven weeks of gestation on average. Even if a woman discovers she is pregnant relatively early, for many it takes time to decide what to do and how to arrange for an abortion if that is her preference.

Why do women have abortions?

The vast majority of abortions (about 95%) are the result of unintended pregnancies. That includes pregnancies that are mistimed as well as those that are unwanted.

Women’s reasons for not wanting a child—or not wanting one now—include finances, partner-related issues, the need to focus on other children, and interference with future education or work opportunities.

In short, if there were fewer unintended pregnancies, there would be fewer abortions.

How common are abortions?

About two in every five pregnancies are unintended (40% in 2015). Roughly the same share of these unintended pregnancies end in abortion (42% in 2011). About one in every five pregnancies are aborted (21% in 2020).

How have abortion totals changed over time?

The number of abortions occurring in the U.S. jumped up after the Roe v. Wade decision in 1973. After peaking in 1990, the number of abortions declined steadily for two and a half decades until reaching its lowest point since 1973 in 2017. 2 Possible contributing factors explaining this long-term decline include delays in sexual activity amongst young people, improvements in the use of effective contraception , and overall declines in pregnancy rates , including those that are unintended . In addition, state restrictions which became more prevalent beginning in 2011 prevented at least some individuals in certain states from having abortions.

In 2018 (four years before the Supreme Court overturned Roe v. Wade), the number of abortions in the U.S. began to increase. The causes of this uptick are not yet fully understood, but researchers have identified multiple potential contributing factors. These include greater coverage of abortions under Medicaid that made abortions more affordable in certain states, regulations issued by the Trump administration in 2019 which decreased the size of the Title X network and therefore reduced the availability of contraception to low-income individuals, and increased financial support from privately-financed abortion funds to help pay for the costs associated with getting an abortion.

Another contributing factor, whose importance bears emphasizing, is the surging popularity of medication abortions .

The use of medication abortions has increased steadily since becoming available in the U.S. in 2000. However, in 2016, the FDA increased the gestational limit for the use of mifepristone from seven to ten weeks and thereby doubled the share of abortion patients eligible for medication abortions from 37% to 75%.

Later, during the COVID-19 pandemic, the FDA revised its policy in 2021 so that clinicians are no longer required to dispense medication abortion pills in person. Patients can now have medication abortion pills mailed to their homes after conducting remote consultations with clinicians via telehealth. In January 2023, the FDA issued another change which allows retail pharmacies like CVS and Walgreens to dispense medication abortion pills to patients with a prescription. Previously only doctors, clinics, or some mail-order pharmacies could dispense abortion pills.

Although access varies widely by state , medication abortions are now the most commonly used abortion method in the U.S. and account for nearly two-thirds of all abortions (63% in 2023). 3

This is why the Supreme Court’s upcoming decision in the Mifepristone case (FDA v. Alliance for Hippocratic Medicine) is so consequential. Among other issues, at stake is whether access to medication abortion will be sharply curtailed and whether regulations regarding medication abortions will revert to pre-2016 rules when abortion pills were not authorized for use after seven weeks of pregnancy and could not be prescribed via telemedicine, sent to abortion patients by mail, or dispensed by retail pharmacies.

Who has abortions?

Most abortion patients are in their twenties (61%), Black or Latino  (59%), low-income (72%), unmarried (86%), and between six and twelve weeks pregnant (73%). 4

The majority of abortion patients have already given birth to one or more children (55%) and have not previously had an abortion (57%). 5 Among abortion patients twenty years old or older, most had attended at least some college (63%). The vast majority of abortions occur during the first trimester of pregnancy (91%). So-called “late-term abortions” performed at or after 21 weeks of pregnancy are very rare and represent less than 1% of all abortions in the U.S.

The abortion rate per 1,000 women of reproductive age is disproportionately high for certain population groups. Among women living in poverty, for example, the abortion rate was 36.6 abortions per 1,000 women of reproductive age in 2014, compared to 14.6 abortions per 1,000 women among all women of reproductive age.

How much does an abortion cost?

The cost of an abortion varies depending on what kind of abortion is administered, how far along the patient is in their pregnancy, where the patient lives, where the patient is seeking an abortion, and whether health insurance or financial assistance is available. In 2021, the median self-pay cost for abortion services was $625 for a procedural abortion in the first trimester of pregnancy and $568 for a medication abortion.

Since 1977, the Hyde Amendment has banned the use of federal funds to pay for abortions except in cases of rape, incest, or life endangerment. Today, among the 36 states that have not banned abortion, fewer than half (17 as of March 2024) allow the use of state Medicaid funds to pay for abortions. 6 Many insurance plans do not cover abortions, often due to state limitations. Most abortion patients pay for abortions out of pocket (53%). State Medicaid funding is the second-most-commonly used method of payment (30%), followed by financial assistance (15%) and private insurance (13%). 7

Whether state law allows state Medicaid funds to cover abortions has a very large impact on the difficulty of paying for abortions and the methods used by women to pay for them. In the year before the Dobbs Supreme Court decision, 50% of women residing in states where state Medicaid funds did not cover abortion reported it was very or somewhat difficult to pay for their abortions, compared to only 17% of women residing in states where abortions were covered.

How has the Supreme Court handled abortion?

In Roe v. Wade (1973), the Supreme Court established that states could not ban abortions before fetal viability, the point at which a fetus can survive outside the womb. Under the three-trimester framework established by Roe, states were not allowed to ban abortions during the first two trimesters of pregnancy but were allowed to regulate or prohibit abortions in the third trimester, except in cases where abortions were necessary to protect the life or health of a pregnant person. The Court ruled that the fundamental right to have an abortion is included in the right to privacy implicit in the “liberty” guarantee of the Due Process Clause of the Fourteenth Amendment.

Since it was decided, Roe v. Wade has faced legal criticism. Notwithstanding these critiques, the Court upheld Roe multiple times over the next half-century including in Planned Parenthood v. Casey (1992). But after former President Trump appointed three new Justices to the Supreme Court, a new conservative supermajority overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization (2022) and established that there is no Constitutional right to have an abortion.

In his Dobbs majority opinion , Justice Alito concluded “Roe was egregiously wrong from the start.” Writing for the majority, he underscored that “[t]he Constitution makes no reference to abortion,” and while he recognized there are constitutional rights not expressly enumerated in the Constitution, he concluded the right to have an abortion is not one of them. Justice Alito reasoned that the only legitimate rights not explicitly stated in the Constitution are those “deeply rooted in the nation’s history and traditions,” and he found no evidence of this for abortion.

Because the Court determined there is no Constitutional right to abortion, it allowed the Mississippi state law which banned abortion after 15 weeks of pregnancy with limited exceptions to go into effect. The Court ruled that states have the authority to restrict access to abortion or ban it completely and that the power to regulate or prohibit abortions would be “returned to the people and their elected representatives.”

The Court’s three liberal Justices criticized the majority’s decision in a withering joint dissent . The dissenting Justices argued the right to abortion established in Roe and upheld in Casey is necessary to respect the autonomy and equality of women and prevent the government from controlling “a woman’s body or the course of a woman’s life.” They lamented “one result of today’s decision is certain: the curtailment of women’s rights, and of their status as free and equal citizens.”

How did the states respond to the overturning of Roe v. Wade?

Since Roe v. Wade was overturned, many states have implemented abortion bans or restrictions, while others have added protections and expanded access. The abortion landscape in America is now fractured and highly variegated .

As of May 2024, abortion is banned completely in almost all circumstances in 14 states. In 7 states, abortion is banned at or before 18 weeks of gestation. Many states with abortion bans do not include exceptions in cases where the health of the pregnant person is at risk, the pregnancy is the result of rape or incest, or there is a fatal fetal anomaly.

Access to abortion varies widely even among states without bans since many states have restrictions such as waiting periods, gestational limits, or parental consent laws making it more difficult to get an abortion.

Many state bans and restrictions are still being litigated in court. The interjurisdictional issues and legal questions arising from the post-Dobbs abortion landscape have not been fully resolved.

Despite the Supreme Court’s stated intention in Dobbs to leave the abortion issue to elected officials, the Court will likely hear more cases on abortion in the near future. This term, in addition to the case about Mifepristone, the Court will decide in Moyle v. United States whether a federal law called the Emergency Medical Treatment and Labor Act (EMTLA) can require hospitals in states with abortion bans to perform abortions in emergency situations that demand “stabilizing treatment” for the health of pregnant patients.

What are the trends in abortion statistics post-Dobbs?

In 2023, the first full year since the Dobbs Supreme Court decision, states with abortion bans experienced sharp declines in the number of abortions occurring within their borders. But these declines were outweighed by increases in abortion totals in states where abortion remained legal. Nearly all states without bans witnessed increases in 2023. Taken together, abortions in non-ban states increased by 26% in 2023 compared to 2020 levels.

As a result, the nationwide abortion statistics from 2023 represent the highest total number (1,037,000 abortions) and abortion rate (15.9 abortions per 1,000 women of reproductive age) in the U.S. in over a decade. The 2023 U.S. total represents an 11% increase from 2020 levels.

It’s unclear why, despite Dobbs, abortions have continued to rise . It may be because of the increased use of medication abortions , especially after the FDA liberalized regulations related to telehealth and in-person visits. In addition, multiple states where abortion remains legal have implemented shield laws and other new protections for abortion patients and providers, increased insurance coverage, or otherwise expanded access . Abortion funds provided greater financial and practical assistance . Interstate travel for abortions doubled after the Dobbs decision.

In short, the impacts of Dobbs are being felt unevenly. Although most women who want abortions are still able to obtain them, a significant minority are instead carrying their pregnancies to term. In the first six months of 2023, state abortion bans led between one-fifth and one-fourth of women living in ban states who may have otherwise gotten an abortion not to have one.

Young, low-income, and minority women will be most affected by state bans and restrictions because they are disproportionately likely to have unintended pregnancies and less able to overcome economic and logistical barriers involved in travelling across state lines or receiving medication abortion pills through out-of-state networks.

What are the effects of expanding or restricting abortion access on women and their families?

Effects of abortion restrictions on women.

Abortion bans jeopardize the lives and health of women. The impacts on their health can be especially troublesome. Pregnancies can go wrong for many reasons—fetal abnormalities, complications of a miscarriage, ectopic pregnancies—and without access to emergency care, some women could face serious threats to their own health and future ability to bear children. Abortion restrictions can place doctors in difficult situations and undermine women’s health care.

Although medication abortions are safe and effective, abortion bans could also increase the number of women who use unsafe methods to induce self-managed abortions, thereby endangering their own health or even their lives. State abortion legalizations in the years before Roe reduced maternal mortality among non-white women by 30-40%.

Enforcement of state laws that restricted access to abortion in the years before Dobbs has even been associated with increases in intimate partner violence-related homicides of women and girls.

In addition, lack of access to abortion leads to worse economic outcomes for women. After a conservative group suggested that such effects have not been well documented, a group of economists filed an amicus brief to the Supreme Court in the Dobbs case, noting that in recent years methods for establishing the causal effects of abortion have shown that they do affect women’s life trajectories. Although there has been some difficulty in separating the effects of access to abortion from access to the Pill or other forms of birth control, an extensive literature shows that reducing unintended pregnancies increases educational attainment , labor force participation , earnings , and occupational prestige for women. These trends are especially pronounced for Black women .

One example that focuses solely on abortion is the Turnaway study, in which researchers compared the outcomes for women who were denied abortions on the basis of just being a little beyond the gestational cutoff for eligibility to the outcomes of otherwise similar women who were just under that cutoff. The study along with subsequent related research has shown that women who are denied abortions are nearly four times more likely to be living in poverty six months after being denied an abortion, a difference that persists through four years after denial. They are also more likely to be unemployed , rely on public assistance , and experience financial distress such as bankruptcies, evictions and court judgements.

Finally, increased access to abortion results in lower rates of single and teen parenthood. State abortion legalizations in the years before Roe reduced the number of teen mothers by 34%. The effects were especially large for Black teens.

Effects of abortion restrictions on children

Along with contraception, access to abortion reduces unplanned births. That means fewer children dying in infancy, growing up in poverty, needing welfare, and living with a single parent. One study suggests that if all currently mistimed births were aligned with the timing preferred by their mothers, children’s college graduation rates would increase by about 8 percentage points (a 36% increase), and their lifetime incomes would increase by roughly $52,000.

Despite this evidence that the denial of abortions to women who want them would be harmful to women and to children once born, those who are pro-life argue that these costs are well worth the price to save the lives of the unborn. As of April 2024, 36% of Americans believe abortion should be illegal in all (8%) or most (28%) cases, while 63% of Americans believe abortion should be legal in all (25%) or most (28%) cases.

Looking ahead

The abortion landscape in America is continually evolving. Whereas pro-choice advocates will seek to expand access and add additional protections for abortion patients and providers, opponents of abortion will continue to criminalize abortions and further restrict availability.

Abortion will be one of the top issues of the 2024 elections in November. Democratic candidates in particular believe abortion is a winning issue for them and will broadcast their pro-choice stance on the campaign trail. Some evidence suggests the overturning of Roe has galvanized a new class of abortion-rights voters. Multiple states will have abortion referenda on the ballot .

The Supreme Court’s Dobbs decision will not prevent women and other citizens from affecting the legislative process by voting, organizing, influencing public opinion, or running for office. What they do with that power in November remains to be seen.

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The Brookings Institution is financed through the support of a diverse array of foundations, corporations, governments, individuals, as well as an endowment. A list of donors can be found in our annual reports published online  here . The findings, interpretations, and conclusions in this report are solely those of its author(s) and are not influenced by any donation.

• We recognize people of all genders become pregnant and have abortions, including about 1% of abortion patients who do not identify as women or female. For concision, we use “women” and female pronouns in this piece when discussing individuals who become pregnant.
• The Guttmacher and CDC data produced in this primer only represent legal abortions that occur within the formal US healthcare system. They do not include self-managed which occur outside of the formal US healthcare system.
• As of March 2024, 29 states have laws that restrict access to medication abortion, for example by requiring ultrasound, counseling, or multiple in-person appointments.
• We define low-income as earnings below 200% of the federal poverty level.
• The CDC abortion data is less complete than the Guttmacher Institute data and omits abortion data from states which account for approximately one-fourth of all abortions in the U.S.
• Today, roughly 35% of women of reproductive age covered by Medicaid (5.5 million women) are living in states where abortion is legal but state funds are not allowed to cover abortions beyond the Hyde exceptions of rape, incest, or life endangerment.
• Respondents could indicate multiple payment methods.

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• Rom J Morphol Embryol
• v.61(1); Jan-Mar 2020

A research on abortion: ethics, legislation and socio-medical outcomes. Case study: Romania

Andreea mihaela niţă.

1 Faculty of Social Sciences, University of Craiova, Romania

Cristina Ilie Goga

This article presents a research study on abortion from a theoretical and empirical point of view. The theoretical part is based on the method of social documents analysis, and presents a complex perspective on abortion, highlighting items of medical, ethical, moral, religious, social, economic and legal elements. The empirical part presents the results of a sociological survey, based on the opinion survey method through the application of the enquiry technique, conducted in Romania, on a sample of 1260 women. The purpose of the survey is to identify Romanians perception on the decision to voluntary interrupt pregnancy, and to determine the core reasons in carrying out an abortion.

The analysis of abortion by means of medical and social documents

Abortion means a pregnancy interruption “before the fetus is viable” [ 1 ] or “before the fetus is able to live independently in the extrauterine environment, usually before the 20 th week of pregnancy” [ 2 ]. “Clinical miscarriage is both a common and distressing complication of early pregnancy with many etiological factors like genetic factors, immune factors, infection factors but also psychological factors” [ 3 ]. Induced abortion is a practice found in all countries, but the decision to interrupt the pregnancy involves a multitude of aspects of medical, ethical, moral, religious, social, economic, and legal order.

In a more simplistic manner, Winston Nagan has classified opinions which have as central element “abortion”, in two major categories: the opinion that the priority element is represented by fetus and his entitlement to life and the second opinion, which focuses around women’s rights [ 4 ].

From the medical point of view, since ancient times there have been four moments, generally accepted, which determine the embryo’s life: ( i ) conception; ( ii ) period of formation; ( iii ) detection moment of fetal movement; ( iv ) time of birth [ 5 ]. Contemporary medicine found the following moments in the evolution of intrauterine fetal: “ 1 . At 18 days of pregnancy, the fetal heartbeat can be perceived and it starts running the circulatory system; 2 . At 5 weeks, they become more clear: the nose, cheeks and fingers of the fetus; 3 . At 6 weeks, they start to function: the nervous system, stomach, kidneys and liver of the fetus, and its skeleton is clearly distinguished; 4 . At 7 weeks (50 days), brain waves are felt. The fetus has all the internal and external organs definitively outlined. 5 . At 10 weeks (70 days), the unborn child has all the features clearly defined as a child after birth (9 months); 6 . At 12 weeks (92 days, 3 months), the fetus has all organs definitely shaped, managing to move, lacking only the breath” [ 6 ]. Even if most of the laws that allow abortion consider the period up to 12 weeks acceptable for such an intervention, according to the above-mentioned steps, there can be defined different moments, which can represent the beginning of life. Nowadays, “abortion is one of the most common gynecological experiences and perhaps the majority of women will undergo an abortion in their lifetimes” [ 7 ]. “Safe abortions carry few health risks, but « every year, close to 20 million women risk their lives and health by undergoing unsafe abortions » and 25% will face a complication with permanent consequences” [ 8 , 9 ].

From the ethical point of view, most of the times, the interruption of pregnancy is on the border between woman’s right over her own body and the child’s (fetus) entitlement to life. Judith Jarvis Thomson supported the supremacy of woman’s right over her own body as a premise of freedom, arguing that we cannot force a person to bear in her womb and give birth to an unwanted child, if for different circumstances, she does not want to do this [ 10 ]. To support his position, the author uses an imaginary experiment, that of a violinist to which we are connected for nine months, in order to save his life. However, Thomson debates the problem of the differentiation between the fetus and the human being, by carrying out a debate on the timing which makes this difference (period of conception, 10 weeks of pregnancy, etc.) and highlighting that for people who support abortion, the fetus is not an alive human being [ 10 ].

Carol Gilligan noted that women undergo a true “moral dilemma”, a “moral conflict” with regards to voluntary interruption of pregnancy, such a decision often takes into account the human relationships, the possibility of not hurting the others, the responsibility towards others [ 11 ]. Gilligan applied qualitative interviews to a number of 29 women from different social classes, which were put in a position to decide whether or not to commit abortion. The interview focused on the woman’s choice, on alternative options, on individuals and existing conflicts. The conclusion was that the central moral issue was the conflict between the self (the pregnant woman) and others who may be hurt as a result of the potential pregnancy [ 12 ].

From the religious point of view, abortion is unacceptable for all religions and a small number of abortions can be seen in deeply religious societies and families. Christianity considers the beginning of human life from conception, and abortion is considered to be a form of homicide [ 13 ]. For Christians, “at the same time, abortion is giving up their faith”, riot and murder, which means that by an abortion we attack Jesus Christ himself and God [ 14 ]. Islam does not approve abortion, relying on the sacral life belief as specified in Chapter 6, Verse 151 of the Koran: “Do not kill a soul which Allah has made sacred (inviolable)” [ 15 ]. Buddhism considers abortion as a negative act, but nevertheless supports for medical reasons [ 16 ]. Judaism disapproves abortion, Tanah considering it to be a mortal sin. Hinduism considers abortion as a crime and also the greatest sin [ 17 ].

From the socio-economic point of view, the decision to carry out an abortion is many times determined by the relations within the social, family or financial frame. Moreover, studies have been conducted, which have linked the legalization of abortions and the decrease of the crime rate: “legalized abortion may lead to reduced crime either through reductions in cohort sizes or through lower per capita offending rates for affected cohorts” [ 18 ].

Legal regulation on abortion establishes conditions of the abortion in every state. In Europe and America, only in the XVIIth century abortion was incriminated and was considered an insignificant misdemeanor or a felony, depending on when was happening. Due to the large number of illegal abortions and deaths, two centuries later, many states have changed legislation within the meaning of legalizing voluntary interruption of pregnancy [ 6 ]. In contemporary society, international organizations like the United Nations or the European Union consider sexual and reproductive rights as fundamental rights [ 19 , 20 ], and promotes the acceptance of abortion as part of those rights. However, not all states have developed permissive legislation in the field of voluntary interruption of pregnancy.

Currently, at national level were established four categories of legislation on pregnancy interruption area:

( i )  Prohibitive legislations , ones that do not allow abortion, most often outlining exceptions in abortion in cases where the pregnant woman’s life is endangered. In some countries, there is a prohibition of abortion in all circumstances, however, resorting to an abortion in the case of an imminent threat to the mother’s life. Same regulation is also found in some countries where abortion is allowed in cases like rape, incest, fetal problems, etc. In this category are 66 states, with 25.5% of world population [ 21 ].

( ii )  Restrictive legislation that allow abortion in cases of health preservation . Loosely, the term “health” should be interpreted according to the World Health Organization (WHO) definition as: “health is a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity” [ 22 ]. This type of legislation is adopted in 59 states populated by 13.8% of the world population [ 21 ].

( iii )  Legislation allowing abortion on a socio-economic motivation . This category includes items such as the woman’s age or ability to care for a child, fetal problems, cases of rape or incest, etc. In this category are 13 countries, where we have 21.3% of the world population [ 21 ].

( iv )  Legislation which do not impose restrictions on abortion . In the case of this legislation, abortion is permitted for any reason up to 12 weeks of pregnancy, with some exceptions (Romania – 14 weeks, Slovenia – 10 weeks, Sweden – 18 weeks), the interruption of pregnancy after this period has some restrictions. This type of legislation is adopted in 61 countries with 39.5% of the world population [21].

The Centre for Reproductive Rights has carried out from 1998 a map of the world’s states, based on the legislation typology of each country (Figure ​ (Figure1 1 ).

The analysis of states according to the legislation regarding abortion. Source: Centre for Reproductive Rights. The World’s Abortion Laws, 2018 [ 23 ]

An unplanned pregnancy, socio-economic context or various medical problems [ 24 ], lead many times to the decision of interrupting pregnancy, regardless the legislative restrictions. In the study “Unsafe abortion: global and regional estimates of the incidence of unsafe abortion and associated mortality in 2008” issued in 2011 by the WHO , it was determined that within the states with restrictive legislation on abortion, we may also encounter a large number of illegal abortions. The illegal abortions may also be resulting in an increased risk of woman’s health and life considering that most of the times inappropriate techniques are being used, the hygienic conditions are precarious and the medical treatments are incorrectly administered [ 25 ]. Although abortions done according to medical guidelines carry very low risk of complications, 1–3 unsafe abortions contribute substantially to maternal morbidity and death worldwide [ 26 ].

WHO has estimated for the year 2008, the fact that worldwide women between the ages of 15 and 44 years carried out 21.6 million “unsafe” abortions, which involved a high degree of risk and were distributed as follows: 0.4 million in the developed regions and a number of 21.2 million in the states in course of development [ 25 ].

Case study: Romania

Legal perspective on abortion

In Romania, abortion was brought under regulation by the first Criminal Code of the United Principalities, from 1864.

The Criminal Code from 1864, provided the abortion infringement in Article 246, on which was regulated as follows: “Any person, who, using means such as food, drinks, pills or any other means, which will consciously help a pregnant woman to commit abortion, will be punished to a minimum reclusion (three years).

The woman who by herself shall use the means of abortion, or would accept to use means of abortion which were shown or given to her for this purpose, will be punished with imprisonment from six months to two years, if the result would be an abortion. In a situation where abortion was carried out on an illegitimate baby by his mother, the punishment will be imprisonment from six months to one year.

Doctors, surgeons, health officers, pharmacists (apothecary) and midwives who will indicate, will give or will facilitate these means, shall be punished with reclusion of at least four years, if the abortion took place. If abortion will cause the death of the mother, the punishment will be much austere of four years” (Art. 246) [ 27 ].

The Criminal Code from 1864, reissued in 1912, amended in part the Article 246 for the purposes of eliminating the abortion of an illegitimate baby case. Furthermore, it was no longer specified the minimum of four years of reclusion, in case of abortion carried out with the help of the medical staff, leaving the punishment to the discretion of the Court (Art. 246) [ 28 ].

The Criminal Code from 1936 regulated abortion in the Articles 482–485. Abortion was defined as an interruption of the normal course of pregnancy, being punished as follows:

“ 1 . When the crime is committed without the consent of the pregnant woman, the punishment was reformatory imprisonment from 2 to 5 years. If it caused the pregnant woman any health injury or a serious infirmity, the punishment was reformatory imprisonment from 3 to 6 years, and if it has caused her death, reformatory imprisonment from 7 to 10 years;

2 . When the crime was committed by the unmarried pregnant woman by herself, or when she agreed that someone else should provoke the abortion, the punishment is reformatory imprisonment from 3 to 6 months, and if the woman is married, the punishment is reformatory imprisonment from 6 months to one year. Same penalty applies also to the person who commits the crime with the woman’s consent. If abortion was committed for the purpose of obtaining a benefit, the punishment increases with another 2 years of reformatory imprisonment.

If it caused the pregnant woman any health injuries or a severe disablement, the punishment will be reformatory imprisonment from one to 3 years, and if it has caused her death, the punishment is reformatory imprisonment from 3 to 5 years” (Art. 482) [ 29 ].

The criminal legislation from 1936 specifies that it is not considered as an abortion the interruption from the normal course of pregnancy, if it was carried out by a doctor “when woman’s life was in imminent danger or when the pregnancy aggravates a woman’s disease, putting her life in danger, which could not be removed by other means and it is obvious that the intervention wasn’t performed with another purpose than that of saving the woman’s life” and “when one of the parents has reached a permanent alienation and it is certain that the child will bear serious mental flaws” (Art. 484, Par. 1 and Par. 2) [ 29 ].

In the event of an imminent danger, the doctor was obliged to notify prosecutor’s office in writing, within 48 hours after the intervention, on the performance of the abortion. “In the other cases, the doctor was able to intervene only with the authorization of the prosecutor’s office, given on the basis of a medical certificate from hospital or a notice given as a result of a consultation between the doctor who will intervene and at least a professor doctor in the disease which caused the intervention. General’s Office Prosecutor, in all cases provided by this Article, shall be obliged to maintain the confidentiality of all communications or authorizations, up to the intercession of any possible complaints” (Art. 484) [ 29 ].

The legislation of 1936 provided a reformatory injunction from one to three years for the abortions committed by doctors, sanitary agents, pharmacists, apothecary or midwives (Art. 485) [ 29 ].

Abortion on demand has been legalized for the first time in Romania in the year 1957 by the Decree No. 463, under the condition that it had to be carried out in a hospital and to be carried out in the first quarter of the pregnancy [ 30 ]. In the year 1966, demographic policy of Romania has dramatically changed by introducing the Decree No. 770 from September 29 th , which prohibited abortion. Thus, the voluntary interruption of pregnancy became a crime, with certain exceptions, namely: endangering the mother’s life, physical or mental serious disability; serious or heritable illness, mother’s age over 45 years, if the pregnancy was a result of rape or incest or if the woman gave birth to at least four children who were still in her care (Art. 2) [ 31 ].

In the Criminal Code from 1968, the abortion crime was governed by Articles 185–188.

The Article 185, “the illegal induced abortion”, stipulated that “the interruption of pregnancy by any means, outside the conditions permitted by law, with the consent of the pregnant woman will be punished with imprisonment from one to 3 years”. The act referred to above, without the prior consent from the pregnant woman, was punished with prison from two to five years. If the abortion carried out with the consent of the pregnant woman caused any serious body injury, the punishment was imprisonment from two to five years, and when it caused the death of the woman, the prison sentence was from five to 10 years. When abortion was carried out without the prior consent of the woman, if it caused her a serious physical injury, the punishment was imprisonment from three to six years, and if it caused the woman’s death, the punishment was imprisonment from seven to 12 years (Art. 185) [ 32 ].

“When abortion was carried out in order to obtain a material benefit, the maximum punishment was increased by two years, and if the abortion was made by a doctor, in addition to the prison punishment could also be applied the prohibition to no longer practice the profession of doctor”.

Article 186, “abortion caused by the woman”, stipulated that “the interruption of the pregnancy course, committed by the pregnant woman, was punished with imprisonment from 6 months to 2 years”, quoting the fact that by the same punishment was also sanctioned “the pregnant woman’s act to consent in interrupting the pregnancy course made out by another person” (Art. 186) [ 26 ].

The Regulations of the Criminal Code in 1968, also provided the crime of “ownership of tools or materials that can cause abortion”, the conditions of this holding being met when these types of instruments were held outside the hospital’s specialized institutions, the infringement shall be punished with imprisonment from three months to one year (Art. 187) [ 32 ].

Furthermore, the doctors who performed an abortion in the event of extreme urgency, without prior legal authorization and if they did not announce the competent authority within the legal deadline, they were punished by imprisonment from one month to three months (Art. 188) [ 32 ].

In the year 1985, it has been issued the Decree No. 411 of December 26 th , by which the conditions imposed by the Decree No. 770 of 1966 have been hardened, meaning that it has increased the number of children, that a woman could have in order to request an abortion, from four to five children [ 33 ].

The Articles 185–188 of the Criminal Code and the Decree No. 770/1966 on the interruption of the pregnancy course have been abrogated by Decree-Law No. 1 from December 26 th , 1989, which was published in the Official Gazette No. 4 of December 27 th , 1989 (Par. 8 and Par. 12) [ 34 ].

The Criminal Code from 1968, reissued in 1997, maintained Article 185 about “the illegal induced abortion”, but drastically modified. Thus, in this case of the Criminal Code, we identify abortion as “the interruption of pregnancy course, by any means, committed in any of the following circumstances: ( a ) outside medical institutions or authorized medical practices for this purpose; ( b ) by a person who does not have the capacity of specialized doctor; ( c ) if age pregnancy has exceeded 14 weeks”, the punishment laid down was the imprisonment from 6 months to 3 years” (Art. 185, Par. 1) [ 35 ]. For the abortion committed without the prior consent of the pregnant woman, the punishment consisted in strict prison conditions from two to seven years and with the prohibition of certain rights (Art. 185, Par. 2) [ 35 ].

For the situation of causing serious physical injury to the pregnant woman, the punishment was strict prison from three to 10 years and the removal of certain rights, and if it had as a result the death of the pregnant woman, the punishment was strict prison from five to 15 years and the prohibition of certain rights (Art. 185, Par. 3) [ 35 ].

The attempt was punished for the crimes specified in the various cases of abortion.

Consideration should also be given in the Criminal Code reissued in 1997 for not punishing the interruption of the pregnancy course carried out by the doctor, if this interruption “was necessary to save the life, health or the physical integrity of the pregnant woman from a grave and imminent danger and that it could not be removed otherwise; in the case of a over fourteen weeks pregnancy, when the interruption of the pregnancy course should take place from therapeutic reasons” and even in a situation of a woman’s lack of consent, when it has not been given the opportunity to express her will, and abortion “was imposed by therapeutic reasons” (Art. 185, Par. 4) [ 35 ].

Criminal Code from 2004 covers abortion in Article 190, defined in the same way as in the prior Criminal Code, with the difference that it affects the limits of the punishment. So, in the event of pregnancy interruption, in accordance with the conditions specified in Paragraph 1, “the penalty provided was prison time from 6 months to one year or days-fine” (Art. 190, Par. 1) [ 36 ].

Nowadays, in Romania, abortion is governed by the criminal law of 2009, which entered into force in 2014, by the section called “aggression against an unborn child”. It should be specified that current criminal law does not punish the woman responsible for carrying out abortion, but only the person who is involved in carrying out the abortion. There is no punishment for the pregnant woman who injures her fetus during pregnancy.

In Article 201, we can find the details on the pregnancy interruption infringement. Thus, the pregnancy interruption can be performed in one of the following circumstances: “outside of medical institutions or medical practices authorized for this purpose; by a person who does not have the capacity of specialist doctor in Obstetrics and Gynecology and the right of free medical practice in this specialty; if gestational age has exceeded 14 weeks”, the punishment is the imprisonment for six months to three years, or fine and the prohibition to exercise certain rights (Art. 201, Par. 1) [ 37 ].

Article 201, Paragraph 2 specifies that “the interruption of the pregnancy committed under any circumstances, without the prior consent of the pregnant woman, can be punished with imprisonment from 2 to 7 years and with the prohibition to exercise some rights” (Art. 201, Par. 1) [ 37 ].

If by facts referred to above (Art. 201, Par. 1 and Par. 2) [ 37 ] “it has caused the pregnant woman’s physical injury, the punishment is the imprisonment from 3 to 10 years and the prohibition to exercise some rights, and if it has had as a result the pregnant woman’s death, the punishment is the imprisonment from 6 to 12 years and the prohibition to exercise some rights” (Art. 201, Par. 3) [ 37 ]. When the facts have been committed by a doctor, “in addition to the imprisonment punishment, it will also be applied the prohibition to exercise the profession of doctor (Art. 201, Par. 4) [ 37 ].

Criminal legislation specifies that “the interruption of pregnancy does not constitute an infringement with the purpose of a treatment carried out by a specialist doctor in Obstetrics and Gynecology, until the pregnancy age of twenty-four weeks is reached, or the subsequent pregnancy interruption, for the purpose of treatment, is in the interests of the mother or the fetus” (Art. 201, Par. 6) [ 37 ]. However, it can all be found in the phrases “therapeutic purposes” and “the interest of the mother and of the unborn child”, which predisposes the text of law to an interpretation, finally the doctors are the only ones in the position to decide what should be done in such cases, assuming direct responsibility [ 38 ].

Article 202 of the Criminal Code defines the crime of harming an unborn child, pointing out the punishments for the various types of injuries that can occur during pregnancy or in the childbirth period and which can be caused by the mother or by the persons who assist the birth, with the specification that the mother who harms her fetus during pregnancy is not punished and does not constitute an infringement if the injury has been committed during pregnancy or during childbirth period if the facts have been “committed by a doctor or by an authorized person to assist the birth or to follow the pregnancy, if they have been committed in the course of the medical act, complying with the specific provisions of his profession and have been made in the interest of the pregnant woman or fetus, as a result of the exercise of an inherent risk in the medical act” (Art. 202, Par. 6) [ 37 ].

The fact situation in Romania

During the period 1948–1955, called “the small baby boom” [ 39 ], Romania registered an average fertility rate of 3.23 children for a woman. Between 1955 and 1962, the fertility rate has been less than three children for a woman, and in 1962, fertility has reached an average of two children for a woman. This phenomenon occurred because of the Decree No. 463/1957 on liberalization of abortion. After the liberalization from 1957, the abortion rate has increased from 220 abortions per 100 born-alive children in the year 1960, to 400 abortions per 100 born-alive children, in the year 1965 [ 40 ].

The application of provisions of Decrees No. 770 of 1966 and No. 411 of 1985 has led to an increase of the birth rate in the first three years (an average of 3.7 children in 1967, and 3.6 children in 1968), followed by a regression until 1989, when it was recorded an average of 2.2 children, but also a maternal death rate caused by illegal abortions, raising up to 85 deaths of 100 000 births in the year of 1965, and 170 deaths in 1983. It was estimated that more than 80% of maternal deaths between 1980–1989 was caused by legal constraints [ 30 ].

After the Romanian Revolution in December 1989 and after the communism fall, with the abrogation of Articles 185–188 of the Criminal Code and of the Decree No. 770/1966, by the Decree of Law No. 1 of December 26 th , 1989, abortion has become legal in Romania and so, in the following years, it has reached the highest rate of abortion in Europe. Subsequently, the number of abortion has dropped gradually, with increasing use of birth control [ 41 ].

Statistical data issued by the Ministry of Health and by the National Institute of Statistics (INS) in Romania show corresponding figures to a legally carried out abortion. The abortion number is much higher, if it would take into account the number of illegal abortion, especially those carried out before 1989, and those carried out in private clinics, after the year 1990. Summing the declared abortions in the period 1958–2014, it is to be noted the number of them, 22 037 747 exceeds the current Romanian population. A detailed statistical research of abortion rate, in terms of years we have exposed in Table ​ Table1 1 .

The number of abortions declared in Romania in the period 1958–2016

Source: Pro Vita Association (Bucharest, Romania), National Institute of Statistics (INS – Romania), EUROSTAT [ 42 , 43 , 44 ]

Data issued by the United Nations International Children’s Emergency Fund (UNICEF) in June 2016, for the period 1989–2014, in matters of reproductive behavior, indicates a fertility rate for Romania with a continuous decrease, in proportion to the decrease of the number of births, but also a lower number of abortion rate reported to 100 deliveries (Table ​ (Table2 2 ).

Reproductive behavior in Romania in 1989–2014

Source: United Nations International Children’s Emergency Fund (UNICEF), Transformative Monitoring for Enhanced Equity (TransMonEE) Data. Country profiles: Romania, 1989–2015 [ 45 ].

By analyzing data issued for the period 1990–2015 by the International Organization of Health , UNICEF , United Nations Fund for Population Activity (UNFPA), The World Bank and the United Nations Population Division, it is noticed that maternal mortality rate has currently dropped as compared with 1990 (Table ​ (Table3 3 ).

Maternal mortality estimation in Romania in 1990–2015

Source: World Health Organization (WHO), Global Health Observatory Data. Maternal mortality country profiles: Romania, 2015 [ 46 ].

Opinion survey: women’s opinion on abortion

Argument for choosing the research theme

Although the problematic on abortion in Romania has been extensively investigated and debated, it has not been carried out in an ample sociological study, covering Romanian women’s perception on abortion. We have assumed making a study at national level, in order to identify the opinion on abortion, on the motivation to carry out an abortion, and to identify the correlation between religious convictions and the attitude toward abortion.

Examining the literature field of study

In the conceptual register of the research, we have highlighted items, such as the specialized literature, legislation, statistical documents.

Formulation of hypotheses and objectives

The first hypothesis was that Romanian women accept abortion, having an open attitude towards this act. Thus, the first objective of the research was to identify Romanian women’s attitude towards abortion.

The second hypothesis, from which we started, was that high religious beliefs generate a lower tolerance towards abortion. Thus, the second objective of our research has been to identify the correlation between the religious beliefs and the attitude towards abortion.

The third hypothesis of the survey was that, the main motivation in carrying out an abortion is the fact that a woman does not want a baby, and the main motivation for keeping the pregnancy is that the person wants a baby. In this context, the third objective of the research was to identify main motivation in carrying out an abortion and in maintaining a pregnancy.

Another hypothesis was that modern Romanian legislation on the abortion is considered fair. Based on this hypothesis, we have assumed the fourth objective, which is to identify the degree of satisfaction towards the current regulatory provisions governing the abortion.

Research methodology

The research method is that of a sociological survey by the application of the questionnaire technique. We used the sampling by age and residence looking at representative numbers of population from more developed as well as underdeveloped areas.

Determination of the sample to be studied

Because abortion is a typical women’s experience, we have chosen to make the quantitative research only among women. We have constructed the sample by selecting a number of 1260 women between the ages of 15 and 44 years (the most frequently encountered age among women who give birth to a child). We also used the quota sampling techniques, taking into account the following variables: age group and the residence (urban/rural), so that the persons included in the sample could retain characteristic of the general population.

By the sample of 1260 women, we have made a percentage of investigation of 0.03% of the total population.

The Questionnaires number applied was distributed as follows (Table ​ (Table4 4 ).

The sampling rates based on the age, and the region of residence

Source: Sample built, based on the population data issued by the National Institute of Statistics (INS – Romania) based on population census conducted in 2011 [ 47 ].

Data collection

Data collection was carried out by questionnaires administered by 32 field operators between May 1 st –May 31 st , 2018.

The analysis of the research results

In the next section, we will present the main results of the quantitative research carried out at national level.

Almost three-quarters of women included in the sample agree with carrying out an abortion in certain circumstances (70%) and only 24% have chosen to support the answer “ No, never ”. In modern contemporary society, abortion is the first solution of women for which a pregnancy is not desired. Even if advanced medical techniques are a lot safer, an abortion still carries a health risk. However, 6% of respondents agree with carrying out abortion regardless of circumstances (Table ​ (Table5 5 ).

Opinion on the possibility of carrying out an abortion

Although abortions carried out after 14 weeks are illegal, except for medical reasons, more than half of the surveyed women stated they would agree with abortion in certain circumstances. At the opposite pole, 31% have mentioned they would never agree on abortions after 14 weeks. Five percent were totally accepting the idea of abortion made to a pregnancy that has exceeded 14 weeks (Table ​ (Table6 6 ).

Opinion on the possibility of carrying out an abortion after the period of 14 weeks of pregnancy

For 53% of respondents, abortion is considered a crime as well as the right of a women. On the other hand, 28% of the women considered abortion as a crime and 16% associate abortion with a woman’s right (Table ​ (Table7 7 ).

Opinion on abortion: at the border between crime and a woman’s right

Opinions on what women abort at the time of the voluntary pregnancy interruption are split in two: 59% consider that it depends on the time of the abortion, and more specifically on the pregnancy development stage, 24% consider that regardless of the period in which it is carried out, women abort a child, and 14% have opted a fetus (Table ​ (Table8 8 ).

Abortion of a child vs. abortion of a fetus

Among respondents who consider that women abort a child or a fetus related to the time of abortion, 37.5% have considered that the difference between a baby and a fetus appears after 14 weeks of pregnancy (the period legally accepted for abortion). Thirty-three percent of them have mentioned that the distinction should be performed at the first few heartbeats; 18.1% think it is about when the child has all the features definitively outlined and can move by himself; 2.8% consider that the difference appears when the first encephalopathy traces are being felt and the child has formed all internal and external organs. A percentage of 1.7% of respondents consider that this difference occurs at the beginning of the central nervous system, and 1.4% when the unborn child has all the features that we can clearly see to a newborn child (Table ​ (Table9 9 ).

The opinion on the moment that makes the difference between a fetus and a child

We noticed that highly religious people make a clear association between abortion and crime. They also consider that at the time of pregnancy interruption it is aborted a child and not a fetus. However, unexpectedly, we noticed that 27% of the women, who declare themselves to be very religious, have also stated that they see abortion as a crime but also as a woman’s right. Thirty-one percent of the women, who also claimed profound religious beliefs, consider that abortion may be associated with the abortion of a child but also of a fetus, this depending on the time of abortion (Tables ​ (Tables10 10 and ​ and11 11 ).

The correlation between the level of religious beliefs and the perspective on abortion seen as a crime or a right

The correlation between the level of religious beliefs and the perspective on abortion procedure conducted on a fetus or a child

More than half of the respondents have opted for the main reason for abortion the appearance of medical problems to the child. Baby’s health represents the main concern of future mothers, and of each parent, and the birth of a child with serious health issues, is a factor which frightens any future parent, being many times, at least theoretically, one good reason for opting for abortion. At the opposite side, 12% of respondents would not choose abortion under any circumstances. Other reasons for which women would opt for an abortion are: if the woman would have a medical problem (22%) or would not want the child (10%) (Table ​ (Table12 12 ).

Potential reasons for carrying out an abortion

Most of the women want to give birth to a child, 56% of the respondents, representing also the reason that would determine them to keep the child. Morality (26%), faith (10%) or legal restrictions (4%), are the three other reasons for which women would not interrupt a pregnancy. Only 2% of the respondents have mentioned other reasons such as health or age.

A percentage of 23% of the surveyed people said that they have done an abortion so far, and 77% did not opted for a surgical intervention either because there was no need, or because they have kept the pregnancy (Table ​ (Table13 13 ).

Rate of abortion among women in the sample

Most respondents, 87% specified that they have carried out an abortion during the first 14 weeks – legally accepted limit for abortion: 43.6% have made abortion in the first four weeks, 39.1% between weeks 4–8, and 4.3% between weeks 8–14. It should be noted that 8.7% could not appreciate the pregnancy period in which they carried out abortion, by opting to answer with the option “ I don’t know ”, and a percentage of 4.3% refused to answer to this question.

Performing an abortion is based on many reasons, but the fact that the women have not wanted a child is the main reason mentioned by 47.8% of people surveyed, who have done minimum an abortion so far. Among the reasons for the interruption of pregnancy, it is also included: women with medical problems (13.3%), not the right time to be a mother (10.7%), age motivation (8.7%), due to medical problems of the child (4.3%), the lack of money (4.3%), family pressure (4.3%), partner/spouse did not wanted. A percentage of 3.3% of women had different reasons for abortion, as follows: age difference too large between children, career, marital status, etc. Asked later whether they regretted the abortion, a rate of 69.6% of women who said they had at least one abortion regret it (34.8% opted for “ Yes ”, and 34.8% said “ Yes, partially ”). 26.1% of surveyed women do not regret the choice to interrupted the pregnancy, and 4.3% chose to not answer this question. We noted that, for women who have already experienced abortion, the causes were more diverse than the grounds on which the previous question was asked: “What are the reasons that determined you to have an abortion?” (Table ​ (Table14 14 ).

The reasons that led the women in the sample to have an abortion

The majority of the respondents (37.5%) considered that “nervous depression” is the main consequence of abortion, followed by “insomnia and nightmares” (24.6%), “disorders in alimentation” and “affective disorders” (each for 7.7% of respondents), “deterioration of interpersonal relationships” and “the feeling of guilt”(for 6.3% of the respondents), “sexual disorders” and “panic attacks” (for 6.3% of the respondents) (Table ​ (Table15 15 ).

Opinion on the consequences of abortion

Over half of the respondents believe that abortion should be legal in certain circumstances, as currently provided by law, 39% say it should be always legal, and only 6% opted for the illegal option (Table ​ (Table16 16 ).

Opinion on the legal regulation of abortion

Although the current legislation does not punish pregnant women who interrupt pregnancy or intentionally injured their fetus, survey results indicate that 61% of women surveyed believe that the national law should punish the woman and only 28% agree with the current legislation (Table ​ (Table17 17 ).

Opinion on the possibility of punishing the woman who interrupts the course of pregnancy or injures the fetus

For the majority of the respondents (40.6%), the penalty provided by the current legislation, the imprisonment between six months and three years or a fine and deprivation of certain rights for the illegal abortion is considered fair, for a percentage of 39.6% the punishment is too small for 9.5% of the respondents is too high. Imprisonment between two and seven years and deprivation of certain rights for an abortion performed without the consent of the pregnant woman is considered too small for 65% of interviewees. Fourteen percent of them think it is fair and only 19% of respondents consider that Romanian legislation is too severe with people who commit such an act considering the punishment as too much. The imprisonment from three to 10 years and deprivation of certain rights for the facts described above, if an injury was caused to the woman, is considered to be too small for more than half of those included in the survey, 64% and almost 22% for nearly a quarter of them. Only 9% of the respondents mentioned that this legislative measure is too severe for such actions (Table ​ (Table18 18 ).

Opinion on the regulation of abortion of the Romanian Criminal Code (Art. 201)

Conclusions

After analyzing the results of the sociological research regarding abortion undertaken at national level, we see that 76% of the Romanian women accept abortion, indicating that the majority accepts only certain circumstances (a certain period after conception, for medical reasons, etc.). A percentage of 64% of the respondents indicated that they accept the idea of abortion after 14 weeks of pregnancy (for solid reasons or regardless the reason). This study shows that over 50% of Romanian women see abortion as a right of women but also a woman’s crime and believe that in the moment of interruption of a pregnancy, a fetus is aborted. Mostly, the association of abortion with crime and with the idea that a child is aborted is frequently found within very religious people. The main motivation for Romanian women in taking the decision not to perform an abortion is that they would want the child, and the main reason to perform an abortion is the child’s medical problems. However, it is noted that, in real situations, in which women have already done at least one abortion, most women resort to abortion because they did not want the child towards the hypothetical situation in which women felt that the main reason of abortion is a medical problem. Regarding the satisfaction with the current national legislation of the abortion, the situation is rather surprising. A significant percentage (61%) of respondents felt as necessary to punish the woman who performs an illegal abortion, although the legislation does not provide a punishment. On the other hand, satisfaction level to the penalties provided by law for various violations of the legal conditions for conducting abortion is low, on average only 25.5% of respondents are being satisfied with these, the majority (average 56.2%) considering the penalties as unsatisfactory. Understood as a social phenomenon, intensified by human vulnerabilities, of which the most obvious is accepting the comfort [ 48 ], abortion today is no longer, in Romanian society, from a legal or religious perspective, a problem. Perceptions on the legislative sanction, moral and religious will perpetual vary depending on beliefs, environment, education, etc. The only and the biggest social problem of Romania is truly represented by the steadily falling birth rate.

Conflict of interests

The authors declare that they have no conflict of interests.

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• America’s Abortion Quandary

2. Social and moral considerations on abortion

Table of contents.

• Abortion at various stages of pregnancy 
• Abortion and circumstances of pregnancy 
• Parental notification for minors seeking abortion
• Penalties for abortions performed illegally 
• Public views of what would change the number of abortions in the U.S.
• A majority of Americans say women should have more say in setting abortion policy in the U.S.
• How do certain arguments about abortion resonate with Americans?
• In their own words: How Americans feel about abortion 
• Personal connections to abortion 
• Religion’s impact on views about abortion
• Acknowledgments
• The American Trends Panel survey methodology

Relatively few Americans view the morality of abortion in stark terms: Overall, just 7% of all U.S. adults say abortion is morally acceptable in all cases, and 13% say it is morally wrong in all cases. A third say that abortion is morally wrong in  most  cases, while about a quarter (24%) say it is morally acceptable most of the time. About an additional one-in-five do not consider abortion a moral issue.

There are wide differences on this question by political party and religious affiliation. Among Republicans and independents who lean toward the Republican Party, most say that abortion is morally wrong either in most (48%) or all cases (20%). Among Democrats and Democratic leaners, meanwhile, only about three-in-ten (29%) hold a similar view. About four-in-ten Democrats say abortion is morally  acceptable  in most (32%) or all (11%) cases, while an additional 28% say abortion is not a moral issue. 

White evangelical Protestants overwhelmingly say abortion is morally wrong in most (51%) or all cases (30%). A slim majority of Catholics (53%) also view abortion as morally wrong, but many also say it is morally acceptable in most (24%) or all cases (4%), or that it is not a moral issue (17%). And among religiously unaffiliated Americans, about three-quarters see abortion as morally acceptable (45%) or not a moral issue (32%).

There is strong alignment between people’s views of whether abortion is morally wrong and whether it should be illegal. For example, among U.S. adults who take the view that abortion should be illegal in all cases without exception, fully 86% also say abortion is always morally wrong. The prevailing view among adults who say abortion should be legal in all circumstances is that abortion is not a moral issue (44%), though notable shares of this group also say it is morally acceptable in all (27%) or most (22%) cases. 

Most Americans who say abortion should be illegal with some exceptions take the view that abortion is morally wrong in  most  cases (69%). Those who say abortion should be legal with some exceptions are somewhat more conflicted, with 43% deeming abortion morally acceptable in most cases and 26% saying it is morally wrong in most cases; an additional 24% say it is not a moral issue. 

The survey also asked respondents who said abortion is morally wrong in at least some cases whether there are situations where abortion should still be legal  despite  being morally wrong. Roughly half of U.S. adults (48%) say that there are, in fact, situations where abortion is morally wrong but should still be legal, while just 22% say that whenever abortion is morally wrong, it should also be illegal. An additional 28% either said abortion is morally acceptable in all cases or not a moral issue, and thus did not receive the follow-up question.

Across both political parties and all major Christian subgroups – including Republicans and White evangelicals – there are substantially more people who say that there are situations where abortion should still be  legal  despite being morally wrong than there are who say that abortion should always be  illegal  when it is morally wrong.

Asked about the impact a number of policy changes would have on the number of abortions in the U.S., nearly two-thirds of Americans (65%) say “more support for women during pregnancy, such as financial assistance or employment protections” would reduce the number of abortions in the U.S. Six-in-ten say the same about expanding sex education and similar shares say more support for parents (58%), making it easier to place children for adoption in good homes (57%) and passing stricter abortion laws (57%) would have this effect. 

While about three-quarters of White evangelical Protestants (74%) say passing stricter abortion laws would reduce the number of abortions in the U.S., about half of religiously unaffiliated Americans (48%) hold this view. Similarly, Republicans are more likely than Democrats to say this (67% vs. 49%, respectively). By contrast, while about seven-in-ten unaffiliated adults (69%) say expanding sex education would reduce the number of abortions in the U.S., only about half of White evangelicals (48%) say this. Democrats also are substantially more likely than Republicans to hold this view (70% vs. 50%). 

Democrats are somewhat more likely than Republicans to say support for parents – such as paid family leave or more child care options – would reduce the number of abortions in the country (64% vs. 53%, respectively), while Republicans are more likely than Democrats to say making adoption into good homes easier would reduce abortions (64% vs. 52%).

Majorities across both parties and other subgroups analyzed in this report say that more support for women during pregnancy would reduce the number of abortions in America.

More than half of U.S. adults (56%) say women should have more say than men when it comes to setting policies around abortion in this country – including 42% who say women should have “a lot” more say. About four-in-ten (39%) say men and women should have equal say in abortion policies, and 3% say men should have more say than women. 

Six-in-ten women and about half of men (51%) say that women should have more say on this policy issue. 

Democrats are much more likely than Republicans to say women should have more say than men in setting abortion policy (70% vs. 41%). Similar shares of Protestants (48%) and Catholics (51%) say women should have more say than men on this issue, while the share of religiously unaffiliated Americans who say this is much higher (70%).

Seeking to gauge Americans’ reactions to several common arguments related to abortion, the survey presented respondents with six statements and asked them to rate how well each statement reflects their views on a five-point scale ranging from “extremely well” to “not at all well.” 

The list included three statements sometimes cited by individuals wishing to protect a right to abortion: “The decision about whether to have an abortion should belong solely to the pregnant woman,” “If legal abortions are too hard to get, then women will seek out unsafe abortions from unlicensed providers,” and “If legal abortions are too hard to get, then it will be more difficult for women to get ahead in society.” The first two of these resonate with the greatest number of Americans, with about half (53%) saying each describes their views “extremely” or “very” well. In other words, among the statements presented in the survey, U.S. adults are most likely to say that women alone should decide whether to have an abortion, and that making abortion illegal will lead women into unsafe situations.

The three other statements are similar to arguments sometimes made by those who wish to restrict access to abortions: “Human life begins at conception, so a fetus is a person with rights,” “If legal abortions are too easy to get, then people won’t be as careful with sex and contraception,” and “If legal abortions are too easy to get, then some pregnant women will be pressured into having an abortion even when they don’t want to.” 

Fewer than half of Americans say each of these statements describes their views extremely or very well. Nearly four-in-ten endorse the notion that “human life begins at conception, so a fetus is a person with rights” (26% say this describes their views extremely well, 12% very well), while about a third say that “if legal abortions are too easy to get, then people won’t be as careful with sex and contraception” (20% extremely well, 15% very well).

When it comes to statements cited by proponents of abortion rights, Democrats are much more likely than Republicans to identify with all three of these statements, as are religiously unaffiliated Americans compared with Catholics and Protestants. Women also are more likely than men to express these views – and especially more likely to say that decisions about abortion should fall solely to pregnant women and that restrictions on abortion will put women in unsafe situations. Younger adults under 30 are particularly likely to express the view that if legal abortions are too hard to get, then it will be difficult for women to get ahead in society.

In the case of the three statements sometimes cited by opponents of abortion, the patterns generally go in the opposite direction. Republicans are more likely than Democrats to say each statement reflects their views “extremely” or “very” well, as are Protestants (especially White evangelical Protestants) and Catholics compared with the religiously unaffiliated. In addition, older Americans are more likely than young adults to say that human life begins at conception and that easy access to abortion encourages unsafe sex.

Gender differences on these questions, however, are muted. In fact, women are just as likely as men to say that human life begins at conception, so a fetus is a person with rights (39% and 38%, respectively).

Analyzing certain statements together allows for an examination of the extent to which individuals can simultaneously hold two views that may seem to some as in conflict. For instance, overall, one-in-three U.S. adults say that  both  the statement “the decision about whether to have an abortion should belong solely to the pregnant woman” and the statement “human life begins at conception, so the fetus is a person with rights” reflect their own views at least somewhat well. This includes 12% of adults who say both statements reflect their views “extremely” or “very” well. 

Republicans are slightly more likely than Democrats to say both statements reflect their own views at least somewhat well (36% vs. 30%), although Republicans are much more likely to say  only  the statement about the fetus being a person with rights reflects their views at least somewhat well (39% vs. 9%) and Democrats are much more likely to say  only  the statement about the decision to have an abortion belonging solely to the pregnant woman reflects their views at least somewhat well (55% vs. 19%).

Additionally, those who take the stance that abortion should be legal in all cases with no exceptions are overwhelmingly likely (76%) to say only the statement about the decision belonging solely to the pregnant woman reflects their views extremely, very or somewhat well, while a nearly identical share (73%) of those who say abortion should be  illegal  in all cases with no exceptions say only the statement about human life beginning at conception reflects their views at least somewhat well.

When asked to describe whether they had any other additional views or feelings about abortion, adults shared a range of strong or complex views about the topic. In many cases, Americans reiterated their strong support – or opposition to – abortion in the U.S. Others reflected on how difficult or nuanced the issue was, offering emotional responses or personal experiences to one of two open-ended questions asked on the survey. 

One open-ended question asked respondents if they wanted to share any other views or feelings about abortion overall. The other open-ended question asked respondents about their feelings or views regarding abortion restrictions. The responses to both questions were similar. 

Overall, about three-in-ten adults offered a response to either of the open-ended questions. There was little difference in the likelihood to respond by party, religion or gender, though people who say they have given a “lot” of thought to the issue were more likely to respond than people who have not. 

Of those who did offer additional comments, about a third of respondents said something in support of legal abortion. By far the most common sentiment expressed was that the decision to have an abortion should be solely a personal decision, or a decision made jointly with a woman and her health care provider, with some saying simply that it “should be between a woman and her doctor.” Others made a more general point, such as one woman who said, “A woman’s body and health should not be subject to legislation.” 

About one-in-five of the people who responded to the question expressed disapproval of abortion – the most common reason being a belief that a fetus is a person or that abortion is murder. As one woman said, “It is my belief that life begins at conception and as much as is humanly possible, we as a society need to support, protect and defend each one of those little lives.” Others in this group pointed to the fact that they felt abortion was too often used as a form of birth control. For example, one man said, “Abortions are too easy to obtain these days. It seems more women are using it as a way of birth control.” 

About a quarter of respondents who opted to answer one of the open-ended questions said that their views about abortion were complex; many described having mixed feelings about the issue or otherwise expressed sympathy for both sides of the issue. One woman said, “I am personally opposed to abortion in most cases, but I think it would be detrimental to society to make it illegal. I was alive before the pill and before legal abortions. Many women died.” And one man said, “While I might feel abortion may be wrong in some cases, it is never my place as a man to tell a woman what to do with her body.” 

The remaining responses were either not related to the topic or were difficult to interpret.

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Home — Essay Samples — Philosophy — Ethics — Ethical Issues on Abortion

Ethical Issues on Abortion

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Published: Jun 6, 2024

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Melinda French Gates explains why she resigned from the Gates Foundation — and what she’ll do now

M elinda French Gates says that after the US Supreme Court’s 2022 Dobbs decision that let individual states decide abortion rights, the philanthropist felt compelled to offer Americans financial support for their reproductive freedoms — support that she says she had been giving exclusively overseas.

“While I have long focused on improving contraceptive access overseas, in the post-Dobbs era, I now feel compelled to support reproductive rights here at home,” French Gates said in an op-ed Tuesday in the New York Times . “For too long, a lack of money has forced organizations fighting for women’s rights into a defensive posture while the enemies of progress play offense. I want to help even the match.”

French Gates, one of the world’s wealthiest and most prominent philanthropists , resigned from the Bill & Melinda Gates Foundation earlier this month, announcing June 7 will be her last day at the organization she helped create more than two decades ago. As part of her divorce agreement , she received $12.5 billion from the Gates Foundation for her work upon her resignation, and she hinted she would focus her philanthropic efforts on women and girls — but she offered no specifics.

Tuesday, she gave the first details of her new plan.

French Gates said she will donate $1 billion through 2026 to advance women’s rights around the world through her organization, Pivotal Ventures. That will include $200 million in grants to organizations that are fighting for women’s reproductive rights.

Among those recipients is The 19th, a nonprofit news organization that reports on gender policy. “Pinch me,” Emily Ramshaw, the company’s co-founder and CEO, said in a post on X .

“Sometimes dreams do come true,” Ramshaw said in a blog post on the company’s website . “This support will bolster our critical politics and policy coverage in a seismic election year, allow us to make strategic investments in our audiences and our future, and lay the foundation for our long-term sustainability in a turbulent time for our industry.”

Another recipient, The Institute for Women’s Policy Research, said its grant will help advance its work to improve women’s health across the United States and narrow the gender pay gap .

“We are deeply honored to receive this support from Melinda French Gates, a true pioneer for women’s empowerment,” said Dr. Jamila Taylor, IWPR President and CEO, in a statement.

French Gates will also give $250 million in awards to organizations working to help improve women’s mental and physical health.

In an innovative effort that echoes those by mega-philanthropist MacKenzie Scott, French Gates also said she will grant $240 million to a group of 12 advocates and influential leaders around the world ($20 million each) to allow them to give the money to groups they believe are performing urgent and meaningful work in women’s health. Scott has shaken up the charitable world by shelling out large sums of money at rapid speed to organizations she favors — with no demands or strings attached.

“I’m also experimenting with novel tactics to bring a wider range of perspectives into philanthropy,” French Gates wrote in her op-ed. “I’m eager to see the landscape of funding opportunities through their eyes, and the results their approaches unlock.”

French Gates said the group of leaders includes former New Zealand Prime Minister Jacinda Ardern, maternal-health advocate Allyson Felix and Afghan women’s education activist Shabana Basij-Rasikh.

In her op-ed, French Gates said she was once told to set her own agenda before someone else sets it — and that’s why she chose to leave the Gates Foundation.

She said naysayers about charitable efforts to empower women have frustrated her with their shortsightedness. She called America’s high maternal mortality rate “unconscionable” and decried America’s status as the only advanced economy without paid family leave at a national level.

Just 2% of donations in the United States go to organizations focused on women and girls, French Gates noted. But she said investments in women’s health will add significantly to the global economy.

“Because I have been given this extraordinary opportunity, I am determined to do everything I can to seize it and to set an agenda that helps other women and girls set theirs, too,” she wrote in her op-ed.

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Abortion bans that grant exceptions to 'save the life of the mother' are a gray area.

Regan McCarthy

Florida recently issued new guidance on when an abortion can be performed, but providers say it has caused even more confusion.

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Guest Essay

Melinda French Gates: The Enemies of Progress Play Offense. I Want to Help Even the Match.

By Melinda French Gates

Ms. French Gates is a philanthropist and the founder of the charitable organization Pivotal.

Many years ago, I received this piece of advice: “Set your own agenda, or someone else will set it for you.” I’ve carried those words with me ever since.

That’s why, next week, I will leave the Bill & Melinda Gates Foundation , of which I was a co-founder almost 25 years ago, to open a new chapter in my philanthropy. To begin, I am announcing $1 billion in new spending over the next two years for people and organizations working on behalf of women and families around the world, including on reproductive rights in the United States.

In nearly 20 years as an advocate for women and girls, I have learned that there will always be people who say it’s not the right time to talk about gender equality. Not if you want to be relevant. Not if you want to be effective with world leaders (most of them men). The second the global agenda gets crowded, women and girls fall off.

It’s frustrating and shortsighted. Decades of research on economics , well-being and governance make it clear that investing in women and girls benefits everyone. We know that economies with women’s full participation have more room to grow. That women’s political participation is associated with decreased corruption. That peace agreements are more durable when women are involved in writing them. That reducing the time women spend in poor health could add as much as $1 trillion to the global economy by 2040.

And yet, around the world, women are seeing a tremendous upsurge in political violence and other threats to their safety, in conflict zones where rape is used as a tool of war, in Afghanistan where the Taliban takeover has erased 20 years of progress for women and girls, in many low-income countries where the number of acutely malnourished pregnant and breastfeeding women is soaring.

In the United States, maternal mortality rates continue to be unconscionable , with Black and Native American mothers at highest risk. Women in 14 states have lost the right to terminate a pregnancy under almost any circumstances. We remain the only advanced economy without any form of national paid family leave. And the number of teenage girls experiencing suicidal thoughts and persistent feelings of sadness and hopelessness is at a decade high.

Despite the pressing need, only about 2 percent of charitable giving in the United States goes to organizations focused on women and girls, and only about half a percentage point goes to organizations focused on women of color specifically.

When we allow this cause to go so chronically underfunded, we all pay the cost. As shocking as it is to contemplate, my 1-year-old granddaughter may grow up with fewer rights than I had.

Over the past few weeks, as part of the $1 billion in new funding I’m committing to these efforts, I have begun directing new grants through my organization, Pivotal, to groups working in the United States to protect the rights of women and advance their power and influence. These include the National Women’s Law Center, the National Domestic Workers Alliance and the Center for Reproductive Rights.

While I have long focused on improving contraceptive access overseas, in the post-Dobbs era, I now feel compelled to support reproductive rights here at home. For too long, a lack of money has forced organizations fighting for women's rights into a defensive posture while the enemies of progress play offense. I want to help even the match.

I’m also experimenting with novel tactics to bring a wider range of perspectives into philanthropy. Recently, I offered 12 people whose work I admire their own $20 million grant-making fund to distribute as he or she sees fit. That group — which includes the former prime minister of New Zealand, Jacinda Ardern, the athlete and maternal-health advocate Allyson Felix, and an Afghan champion of girls’ education, Shabana Basij-Rasikh — represents a wide range of expertise and experience. I’m eager to see the landscape of funding opportunities through their eyes, and the results their approaches unlock.

In the fall, I will introduce a $250 million initiative focused on improving the mental and physical health of women and girls globally. By issuing an open call to grass-roots organizations beyond the reach of major funders, I hope to lift up groups with personal connections to the issues they work on. People on the front lines should get the attention and investment they deserve, including from me.

As a young woman, I could never have imagined that one day I would be part of an effort like this. Because I have been given this extraordinary opportunity, I am determined to do everything I can to seize it and to set an agenda that helps other women and girls set theirs, too.

Melinda French Gates is a philanthropist and the founder of Pivotal, a charitable, investment and advocacy organization.

Source photographs by Bryan Bedder, filipfoto, and Westend61, via Getty Images.

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Is abortion rights your top issue? Here's a guide to each 2024 candidate's stance.

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Abortion rights has become a major issue in the 2024 election.

President Joe Biden has repeatedly promised to enshrine Roe into law.

Former President Donald Trump says he wants to leave the issue to each state.

The Supreme Court's landmark reversal of Roe v. Wade unleashed a torrent of emotions that upended the 2022 midterms. Two years later, abortion rights remain a major issue in the 2024 election.

Polling at both the state and national level shows that abortion is likely President Joe Biden's best issue. But alone, it's unlikely to be enough to save him.

Just look at Arizona: Advocates there are hoping to put a measure guaranteeing a right to an abortion until fetal viability, roughly 22 to 25 weeks of pregnancy, before voters this November. A recent CBS News-YouGov poll showed 65% of Arizonans would vote in favor of such a ballot measure. In the same survey, Biden still trailed former President Donald Trump in the state among likely voters 47% to 52%.

There's also confusion about the issue that could dampen Biden's advantage.

Nearly one in five voters (17%) in six key swing states incorrectly said Biden is responsible for the end of nationwide abortion rights, according to New York Times/Siena College polls. The Supreme could only overturn Roe thanks to the three Trump-appointed justices. On multiple occasions, Trump has emphatically bragged that he killed Roe.

Here's a guide on where Biden and Trump stand on the issue.

Where Joe Biden stands on abortion rights

Biden has repeatedly promised that he would restore Roe. It's not a simple endeavor. Biden would need Democrats to hold a trifecta again, which would require him to win reelection, Democrats to keep the Senate, and to retake the House. Political pundits currently favor the GOP to retake the chamber, given that some of the most closely-watched races are taking place in states Trump won in 2020.

Even controlling Congress likely wouldn't be enough. The Senate filibuster requires a de facto 60-vote majority for legislation that would enshrine nationwide abortion rights protection into law. It's difficult to see how Democrats could net nine additional seats they would need for a filibuster-proof majority. Democrats could change or completely end the filibuster, but such efforts have fizzled in the past. Ending the filibuster would also open the door to Republicans' passing a nationwide abortion ban in the future.

Some legal experts have also questioned whether Congress has the power to guarantee abortion access. It's almost certain that anti-abortion rights groups would file legal challenges if Democrats were able to pass such a law.

There are other ways Biden could affect abortion access if he remains in power. The Biden administration has defended access to the abortion drug mifepristone all the way up to the Supreme Court. Under Biden's direction, the Pentagon has a policy of reimbursing servicemembers who travel for an abortion if they cannot obtain the procedure in the area where they are stationed.

A Biden White House would also likely challenge Republican-led states that try to restrict abortion rights further. For example, Biden and the Justice Department have vowed to defend the ability for women to travel between states if they want to obtain an abortion.

Where Donald Trump stands on abortion rights

While there's little doubt Trump has done more to limit access to abortion in the US than any other president, he has recently tried to avoid the topic entirely, saying that the issue should be left up to individual states.

"The states will determine by vote or legislation or perhaps both, and whatever they decide must be the law of the land," Trump said in a recent video. "In this case, the law of the state."

The former president did not mention the role of state Supreme Courts, an issue that came to a head days after Trump's abortion announcement when the Arizona state Supreme Court found that an 1864 near-total ban on abortions was enforceable. Trump and many Republicans said Arizona went too far amid an uproar after the ruling. (Ultimately, Gov. Katie Hobbs, a Democrat, signed a repeal of the territorial-era ban into law.)

Trump has been less clear on what else he believes about the topic. He has repeatedly promised to outline his views on mifepristone but has failed to do so. He hasn't said how he will vote as a Florida resident on a proposed constitutional amendment that would guarantee access to abortion to the fetal viability or "when necessary to protect the patient's health, as determined by the patient's healthcare provider."

Trump's allies want to go even further. Project 2025, an unofficial partnership of right-wing think tanks, has outlined an ambitious series of plans to curtail abortion rights if Trump wins in November. While Trump's campaign has distanced itself from the group, many of the authors of its plans held key positions in his administration. The plan calls for a future GOP president to take action to reverse FDA approval of mifepristone and to restrict "mail-order abortions."

Read the original article on Business Insider

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