Abortion laws are changing in several states
throughout the country and it does make
one wonder; what exactly are the laws governing abortion today? In 1973 in the Roe vs. Wade Supreme court case,
it was decided that states may enforce restrictions on abortions after fetal
viability has been determined to
preserve the life or “health” of the woman. “Health” is defined as both
emotional and physical. In 1992 in Planned Parenthood vs. Casey, Roe vs Wade
was revisited. It was upheld that states could not ban abortion before the
point of viability and, that no state could ban abortions that help preserve
the life or health of the mother. It did
give leeway in allowing the states to pass laws protecting the life and health
of the fetus or mother past viability. With Roe vs Wade the federal government
has mandated abortion to be legal in any circumstance
before the point of “viability”. This viability has always been viewed as being
around 22-24 weeks gestation. In 2010, Nebraska passed an abortion law that
banned abortions after 20 weeks. Since that time, 12 states have done so.
Alabama, Arkansas, Kansas and North Dakota have all made recent headlines
passing laws that limit abortions in their states. Virginia is expected to join the list. North
Dakota and Arkansas with their recent news breaking abortion laws, have
redefined “viability” marking it with the presence of a fetal heart beat
instead of the traditional 22-24 week
gestation. Thus, North Dakota now has the strictest abortion laws in the
nation, making abortion illegal after the 6th week of gestation. This will
surely test the states limits against the Roe vs Wade decision and will most
likely end up in court. In Kansas, Gov.
Sam Brownback pledged to sign a bill declaring that life begins at fertilization.
The law will eliminate tax breaks for abortionists and forbid abortions done to
select a particular gender. Other state laws regarding abortion are also
happening around the nation. Both Alabama and Mississippi have passed “safety
laws “ for abortion clinics which would require them to conform to new
guidelines. This means the state's abortion clinics would have to remodel to
increase the sizes of rooms and doorways in order to comply with the safety
guidelines. This law will also require abortion doctors to have admitting
privileges at local hospitals in order to perform abortions. This will put a
burden on abortion clinics in those states and according to Alabama Gov. Robert
Bentley, this measure "has been endorsed by pro-life groups across America."
One of the few federal laws enacted since Roe vs. Wade was the Partial Birth Abortion Ban of 2003.
It was upheld as law by the Supreme Court when disputed in 2007. Every state has its own laws governing abortion but federal law
trumps state law. There are 6 states where abortion would be completely illegal
if Roe vs. Wade were overturned. The states do have some decisive power
regarding abortion. 39 states require an abortion to be performed by a licensed
physician. 20 states require that abortions be performed in a hospital after
viability.19 states have laws in effect that prohibit “partial-birth” abortion.
46 states allow individual health care providers to refuse to participate in an
abortion. 43 states allow institutions to refuse to perform abortions. 17
states require that women be given counseling before an abortion that includes
information on at least one of the following: the link between abortion and breast cancer (5
states), the ability of a fetus to feel pain (12 states) or long-term mental
health concerns for the woman (8 states). 26 states require a woman to wait 24
hours from her first trip to a clinic to have an abortion.38 states require
some type of parental involvement in a minor’s decision to have an abortion. 22
states require atleast one parent to give permission for a minor to have an
abortion. Washington is one of the most liberal states in regards to its laws
on abortion. It is the only state to have legalized abortion through a popular
vote, having done so in 1970 before the Roe vs. Wade decision. It is looking
like it may be the first state with an insurance mandate for abortion coverage.
There are no state restrictions on abortion in WA. state .
Information taken from:
washingtonpost.com, cnn.com, lifenews.com, wikipedia.org, and
www.guttmacher.org.