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CHAPTER 4. ABORTION DISCOURSE IN THE PUBLIC SPHERE 58 4.1 Historic Overview of Abortion Policy in the United States The abortion issue in American political history can best be understood in three broad phases: Pre-Criminalization Phase From the earliest days of the Republic, through the 1850s, abortion was essentially a “non-issue.” Most states and the federal government were silent on the legal issues concerning abortion. Criminalization Phase Starting in the 1850s, and through 1973, abortion was illegal in most states, with some exceptions to save the life of the mother. Constitutional Right Phase Following the U.S. Supreme Court’s decision in Roe v. Wade, the right to an abortion during the early phases of pregnancy is considered to be protected by the U.S. Constitution. Standard works on the history of abortion in the United States (c.f. Means 1970, Mohr 1978, Luker 1984, Tribe 1990) document that prior to 1850, most states – as well as the federal government – were silent on the legality of abortion, and that little if any public discussion concerning this issue occurred. Within each state, abortions were governed by common law, which by tradition permitted abortions until “quickening,” the first perception of fetal movement by the woman. The earliest abortion statute, passed in Connecticut in 1821, was designed to protect the health of the mother, and applied only to post-quickening abortion. Abortions appear to have been relatively common during the first half of the nineteenth century, even though the mortality rate from surgical abortion may have been as much as ten times greater than that for childbirth. The second half of the nineteenth century marks the emergence of the “first ’rightto-life’ movement” (Luker 1984, 11) in the United States. During the period from 1850 to 1890, every state passed legislation prohibiting abortion, with some states allowing exceptions to “save” the life of the mother. This legislation was primarily motivated by the desire of university-trained physicians to advance their professional status by making clear distinctions between themselves and the “irregular” and quack doctors. The “physicians’ campaign” sought to remove reproductive
CHAPTER 4. ABORTION DISCOURSE IN THE PUBLIC SPHERE 59 medicine from the control of midwives and other “non-professional” practitioners, and place decisions about abortion within the domain controlled by doctors. The state laws, which typically made abortion illegal at any time during pregnancy unless necessitated by medical considerations, created a zone of discretion between “therapeutic” and “criminal” abortions, and left physicians with virtually no guidance about how to navigate the distinctions. The physicians used advances in the biological sciences made during the first half of the century to publicize the process of fetal development. These advances called into question the traditional doctrine of quickening by viewing pregnancy as a continuous process from conception to birth. Although there is evidence that this knowledge was disseminated into the general public prior to the physicians’ campaign (Luker 1984), the physicians nevertheless argued that women who terminated their pregnancies did so out of ignorance of the biological processes underway. Two additional factors appear to be associated with the criminalization of abortion during this period (Mohr 1978, Luker 1984, Tribe 1990, Sitaraman 1994). The transition of the United States from a largely agrarian to largely urban society brought with it corresponding shifts in the role of women, especially among middle-class women. Sitaraman (1994) describes the relationship between 19th century feminism and abortion, providing additional evidence supporting the emergence of a right-to-life movement: In the late 19th century, marriage and motherhood became full time occupations for most middle and upper class women in America. Industrialization first attracted native single women, and later a greater proportion of immigrant women into the factories, while creating a spatial and ideological separation of the world of work and the world of family life. The ’cult of true womanhood’ stressed moral qualities of piety, purity, domesticity and submissiveness that corresponded to the roles middle class women assumed in their lives: daughter, wife, and mother. In this context, 19th century feminists engaged in social causes that extended their moral superiority and responsibility from the home to the public arena. They campaigned for a right to vote and a right to education rather than a right to control their sexual and reproductive behavior.” (Sitaraman 1994, 6)(citations omitted). Additionally, a sharp rise in non-Protestant immigration fueled nativist sentiments supporting an anti-abortion stance. “The perception that abortion was practiced by
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APPENDIX B. DENSITY SCORES 165 Tabl
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Appendix C Supplemental Analysis 16
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APPENDIX C. SUPPLEMENTAL ANALYSIS 1
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BIBLIOGRAPHY 177 Best, Michael L. 1
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BIBLIOGRAPHY 179 Fisher, Bonnie, Mi
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BIBLIOGRAPHY 181 Hiltz, Starr Roxan
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BIBLIOGRAPHY 183 Mansbridge, Jane.
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BIBLIOGRAPHY 185 Pateman, Carole. 1
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BIBLIOGRAPHY 187 Savicki, Victor, D
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BIBLIOGRAPHY 189 U. S. Congress, Of
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