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Friday, June 7, 2013

Abortion Law... by: Terri Neal

 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.