US abortion laws have evolved since the 19th century. The landmark Roe v. Wade case in 1973 legalized abortion nationwide.
Abortion and contraception have been legally practiced in America since the arrival of the Pilgrims in 1620, despite the rhetoric of anti-abortion activists.
In 1625, a statute adopted from Britain in the American colonies asserted that women who gave birth to stillborn children would be found guilty of infanticide if they hadn’t taken certain steps to prepare for the birth.
In 1650, abortion laws in New England were less restrictive compared to the recent legislation in Arkansas and North Dakota. Abortion was allowed until 'quickening,' the first fetal movements felt by the mother, which typically occurred between 14 to 26 weeks into pregnancy.
A passionate plea against the prohibition of natural and useful actions turning into crimes by laws, specifically focusing on the consequences of the law leading to numerous procur'd abortions and distressed mothers resorting to infanticide out of fear of punishment and shame.
In 1716, New York passed an ordinance that banned midwives from performing abortions.
Connecticut becomes the first U.S. state to make abortion a criminal offense through a state statute in 1821, punishing those involved in causing miscarriages.
The founding fathers met in Pennsylvania to declare independence, aiming to establish a new nation based on principles of freedom and self-governance.
Connecticut becomes the first state to regulate abortion, outlawing it after quickening, the moment in pregnancy when the pregnant woman starts to feel the fetus's movement in the uterus.
In 1829, New York made post-quickening abortions a felony and pre-quickening abortions a misdemeanor, setting a precedent for other states to follow suit.
In 1847, the American Medical Association (AMA) was established by doctors to regulate medical practices. The AMA, dominated by men, influenced the decline of reproductive health care workers like midwives and nurses.
In 1854, the General Laws of Texas introduced an Act that criminalized attempting to procure the miscarriage of a pregnant woman.
The Texas Legislature formally codified the Penal Code in 1856, including provisions related to abortions that were slightly expanded from the 1854 Act.
Dr. Horatio Storer initiates the Physicians' Crusade Against Abortion in Massachusetts, advocating for criminalizing abortion in all instances.
In 1858, the General Laws of Texas amended a provision to the abortion statutes, criminalizing attempts at abortion.
During the period after the Civil War in 1865, abortion bans were enforced specifically for enslaved Black women in America. Enslaved Black women were not allowed to have abortions as they were considered valuable property owned by white men.
The Comstock Act of 1873, also known as the Comstock laws, played a crucial role in furthering the criminalization of abortion by prohibiting the distribution of information related to birth control and pregnancy termination methods.
The Penal Code of 1879 included Articles 536-541, which likely continued to address regulations and penalties related to abortion in Texas.
By 1880, the majority of states in the US had outlawed abortion, solidifying the trend of criminalization that started in the late 1860s.
Articles 641-646 of the 1895 Penal Code contained the abortion statutes, which were renumbered but remained unchanged in essence.
In the early 20th century, a coalition of male doctors supported by the American Medical Association, the Catholic Church, and sensationalist newspapers successfully campaigned for the criminalization of abortion, limiting women's medical choices. This movement aimed to assert male physicians' authority over female patients and portrayed women who terminated pregnancies as unnatural and selfish.
In 1907, HB 140 in the General Laws of Texas added a specific definition of 'abortion' to the existing statutes.
In 1910, abortion was officially banned across the United States, making it illegal. However, the wealthy white women had the means to circumvent the law and access abortion services, while others were unable to do so.
The abortion statutes were renumbered in the 1911 edition of the Penal Code, maintaining their substance and incorporating the new language introduced in 1907.
Margaret Sanger, a prominent advocate for birth control and the founder of Planned Parenthood, was arrested in 1916 for violating the Comstock laws while trying to educate women on contraception. She aimed to empower women to have control over their bodies and families.
Margaret Sanger founded the American Birth Control League in 1921, which later evolved into Planned Parenthood Federation of America in 1942, marking a significant development in reproductive rights advocacy.
The '1925 Laws' in Texas regarding abortion have gained attention since the Dobbs ruling. Interestingly, these laws had been in existence in some form even before 1925.
Criminalizing abortion in 1930 led to a high death toll as the practice went underground, resulting in nearly 2,700 women dying from unsafe, illegal abortions, accounting for almost one-fifth of recorded maternal deaths that year.
In 1939, Cook County Hospital in Chicago reported treating more than 1,000 women annually for health complications related to self-induced or illegal abortions. The number of women seeking treatment increased to nearly 5,000 by 1962.
In 1955, Planned Parenthood organized a groundbreaking conference on abortion in response to the alarming media coverage of unsafe, illegal abortions. Doctors at the conference advocated for abortion law reform.
In August 1962, Sherri Finkbine traveled to Sweden to obtain a legal abortion after discovering her fetus had severe deformities, sparking a public debate on women's reproductive rights and highlighting disparities in access to abortion.
In 1964, abortion law reform activists established the Association for the Study of Abortion (ASA) as the first national group dedicated to advocating for abortion law reforms and advancing abortion procedure safety.
In 1965, 17% of reported deaths related to pregnancy and childbirth in the U.S. were linked to illegal abortions. This highlights the dangers and risks women faced when seeking clandestine abortion procedures.
In 1966, nine well-respected doctors in California faced a trial for performing abortions on women exposed to rubella, a disease linked to birth defects. The case garnered support from doctors nationwide, including the deans of 128 medical schools.
In 1967, Colorado became the first U.S. state to decriminalize abortion, but with limitations such as only allowing it in cases of rape, incest, or when the pregnancy posed a risk of 'permanent physical disability' to the woman.
The National Association for the Repeal of Abortion Laws (NARAL) was founded in Chicago during the First National Conference on Abortion Laws. NARAL was the first national organization dedicated to advocating for the legalization of abortion.
In 1970, New York state legalized abortion, allowing for a broader range of reasons for the procedure. This marked a significant shift in abortion laws in the United States.
Norma McCorvey, also known as Jane Roe, brought a case to the Supreme Court in 1971 due to being poor and pregnant, seeking an abortion in a state where it was banned in most circumstances.
It was not until 1972, with the Supreme Court ruling in Eisenstadt v. Baird, that unmarried women in the United States were granted the right to access birth control, further expanding reproductive rights.
On January 22, 1973, the U.S. Supreme Court issued the landmark Roe v. Wade decision, effectively overturning all existing criminal abortion laws and establishing the right to privacy in reproductive choices under the Fourteenth Amendment.
On January 1, 1974, the laws concerning abortion in Texas were moved from the Penal Code to the Revised Civil Statutes, following the Roe v. Wade ruling.
The Hyde Amendment, passed in 1976, prohibits the use of federal Medicaid funds for covering abortions, impacting access to reproductive healthcare.
Rosie Jiménez, a young mother pursuing a nursing degree, died in Mexico after having an abortion due to lack of Medicaid coverage in the United States. She was the first known victim of the Hyde Amendment.
In 1979, the Supreme Court ruled in Bellotti v. Baird that states could require minors to obtain parental consent for abortion, but also mandated a judicial bypass option for minors to seek permission from a judge without parental notification.
In Harris v. McRae, the Supreme Court upheld the Hyde Amendment, banning federal funding for abortions, even in cases of medical necessity, stating that it did not violate women's constitutional rights.
The report stated that there were no significant legal barriers in the United States for a mother to obtain an abortion for any reason during any stage of her pregnancy.
In 1984, Ronald Reagan implemented the Mexico City Policy, also known as the 'global gag rule,' which restricts foreign NGOs from receiving U.S. family planning funding if they provide abortion-related services or advocate for abortion access.
Rebecca Suzanne Bell, a 17-year-old from Indiana, died in 1988 due to complications from an illegal abortion influenced by Indiana's parental consent law, becoming a tragic example of the consequences of such legislation.
The annual number of legal induced abortions in the U.S. peaked in 1990.
A landmark case in 1992 that reaffirmed the protection of the right to abortion under the Constitution.
President Bill Clinton signs the Freedom of Access to Clinics Act, making it a federal crime to obstruct access to clinics providing reproductive health services.
In 1998, the FDA approved medication abortion for ending early pregnancies up to 10 weeks, using a combination of mifepristone and misoprostol, which is 95-97 percent effective.
Chapter 33 was added to the Texas Family Code, mandating parental notification for minors seeking an abortion, starting from September 1, 1999.
In September 2000, the FDA approved mifepristone for medical abortion in the United States. The drug was made available in all 50 states, Washington, D.C., Guam, and Puerto Rico, under the supervision of licensed physicians.
The Born-Alive Infants Protection Act was signed into law on August 5, 2002, by President George W. Bush. The act aimed to safeguard the rights of infants born alive after failed abortion attempts.
The bill created Chapter 171 of the Texas Health and Safety Code, known as the 'Woman's Right to Know Act,' which included provisions related to abortion. It became effective on September 1, 2003, and applied to abortions performed on or after January 1, 2004.
On October 2, 2003, the House approved the Partial-Birth Abortion Ban Act to prohibit intact dilation and extraction procedures, with exceptions in cases of fatal threats to the woman. The legislation imposed penalties on doctors performing such abortions.
President George W. Bush signs the Partial-Birth Abortion Ban Act into law, restricting the procedure except when necessary to save the mother's life.
This law allows two charges to be filed against someone who kills a pregnant mother, one for the mother and one for the fetus, but specifically bans charges related to abortion procedures.
Between 2005 and 2007, four states passed trigger laws that criminalized performing, procuring, or prescribing abortion in anticipation of a potential overturning of Roe v. Wade.
Over the last 15 years, around 1,200 women, mainly low-income and women of color, have been prosecuted for their behavior during pregnancy, highlighting the issue of criminalization of pregnant women.
On April 18, 2007, the Supreme Court issued a ruling in Gonzales v. Carhart, upholding the Partial-Birth Abortion Ban Act of 2003. The law banned intact dilation and extraction, marking the first time the Court allowed a ban on any type of abortion since 1973.
On January 23, 2009, President Barack Obama overruled the Mexico City policy, which prohibited financial support to overseas organizations that performed or promoted abortions. This decision was later reinstated by President Donald Trump on January 23, 2017.
In 2010, the Affordable Care Act (ACA) was signed into law, extending the Hyde Amendment restrictions on abortion coverage to states’ newly created health insurance exchanges.
This bill added sections to the 'informed consent' subchapter of the Woman's Right to Know Act, mandating physicians to perform a sonogram before an abortion.
On July 11, 2012, a Mississippi federal judge extended a temporary order allowing the state's only abortion clinic to remain open, pending a review of new abortion laws.
Most provisions of HB 2, a bill restricting abortions and regulating doctors and clinics, went into effect on October 29, 2013.
Section 8 of HB 2, which was part of a bill restricting abortions, took effect on September 1, 2014.
HB 3994 amended the law regarding minors seeking abortions in Texas, making the process more complicated and restrictive by imposing stricter requirements for proof of age and obtaining judicial bypass.
The Supreme Court rules in the Whole Woman's Health v. Hellerstedt case, preventing Texas from imposing undue restrictions on abortion services.
In June 2016, the Supreme Court decision in Whole Woman's Health v. Hellerstedt struck down state restrictions on abortion clinics, emphasizing that laws imposing unconstitutional burdens on women's right to abortion are invalid.
SB 8 was a bill passed during the 85th Regular Session that prohibited partial-birth and dismemberment abortions, as well as imposed regulations on the disposal of fetal tissue.
In 2018, the federal Fifth Circuit found the laws requiring embryonic or fetal tissue to be cremated or given a burial to be unconstitutional.
In 2019, New York passed the Reproductive Health Act (RHA), which repealed a pre-Roe provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman's life.
Alabama House Republicans passed a law on April 30, 2019, that will criminalize most abortion if it goes into effect. Dubbed the 'Human Life Protection Act', it offers only two exceptions: serious health risk to the mother or a lethal fetal anomaly.
Louisiana adopted an abortion law on May 30, 2019, following the trend set by other states like Mississippi, Kentucky, Ohio, and Georgia.
On June 29, 2020, the U.S. Supreme Court struck down the Louisiana anti-abortion law, questioning the legality of similar laws in other states like Ohio.
In June 2020, the Supreme Court invalidated a medically unnecessary law similar to the one in Whole Woman's Health, preventing it from making abortion nearly impossible to obtain in Louisiana.
Ruth Bader Ginsburg had her final opportunity to rule on abortion access before her passing later that year. This event marked the end of her influence on abortion-related cases.
On April 6, 2021, Hayes Center, Nebraska, passed a local ordinance outlawing abortion and declaring itself a 'sanctuary city for the unborn', setting a precedent for other cities in Nebraska to follow.
On April 12, 2021, under the Biden administration, the FDA reversed course and lifted the in-person distribution requirement for abortion pills for the duration of the pandemic.
In April 2021, Blue Hill, Nebraska, enacted an ordinance outlawing abortion and declaring itself a 'sanctuary city for the unborn', joining the trend of cities taking such measures.
Texas implemented S.B. 8, a controversial law that prohibits abortion at around six weeks of pregnancy, a time when many individuals may not even be aware of their pregnancy. This law sparked widespread debate and criticism.
On September 9, 2021, Merrick Garland, the Attorney General, sued Texas over the Texas Heartbeat Act, citing violations of federal law and the U.S. Constitution.
The Supreme Court will hear oral arguments in Dobbs v. Jackson Women’s Health Organization, a case challenging a Mississippi ban on abortion at 15 weeks, which is seen as a direct challenge to Roe v. Wade.
An amendment to the United States Constitution was adopted, granting states the power to prohibit abortion. This change shifted the authority over abortion regulations from the federal government to individual states.
Amid the COVID-19 pandemic, on December 16, 2021, the FDA allowed the distribution of mifepristone via mail to address healthcare access challenges. This decision enabled women in restricted states to obtain abortion pills through various means.
On May 25, 2022, Oklahoma imposed a ban on elective abortions after Governor Kevin Stitt signed House Bill 4327, allowing lawsuits against abortion providers who perform elective abortions.
On June 24, 2022, the US Supreme Court made a landmark decision in Dobbs v. Jackson Women’s Health Organization, overturning the constitutional protections for the right to abortion established in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). This decision marked the first time in US history that a fundamental constitutional right was revoked.
The Texas Supreme Court issued a stay order on July 1, 2022, temporarily allowing the enforcement of the 1925 Laws while the case is under consideration.
The Court issued its judgment in the Dobbs v. Jackson Women’s Health Organization case on July 26, 2022. This case is significant as it is related to the potential triggers listed in Texas's trigger law regarding abortion.
Texas Attorney General Ken Paxton stated that the judgment in the Supreme Court case overturning Roe will trigger the implementation of Texas laws prohibiting most abortions on August 25, 2022.
Senator Lindsey Graham introduced legislation to ban abortion nationwide after 15 weeks of pregnancy with exceptions for rape, incest, and the life of the patient.
The article 'A Brief History of Abortion in the U.S.' was published on October 26, 2022, shedding light on the historical context of abortion in the United States.
On January 31, 2023, the Minnesota state Senate passed a bill guaranteeing women's rights to abortion and other reproductive medicine, prohibiting restrictions on access to sterilization or prenatal care.
Republican lawmakers and anti-abortion activists are working on legislation to ban abortion nationwide, with the goal of achieving it if Republicans win Congress and the White House in 2024.