The Importance Of Abortion Restrictions

The topic of reproductive rights surrounding women in Texas has been a hot buttoned issue since the closing of many reproductive centers across the state. Recently damaging abortion restrictions were passed and therefor encroach on women’s reproductive rights even more by decreasing access to abortion care. Texas’ 84th Legislature, both passed HB 3994 as a law and had it Governor Abbott make it effective with his signature on July 8, or this year. This law complicates access to abortion services for mistreated and neglected minors and for those who do not possess specific identification cards in Texas.

Regardless of the opinions surrounding abortion, a majority of people are familiar with the Supreme court cases of Roe v. Wade and Planned Parenthood v. Casey. These two cases have played a tremendous role in regard to the abortion debate. In 1973, the Roe v. Wade case was ruled in favour of Roe and stated the stringent criminalization of abortion in Texas was deemed unconstitutional under the fourteenth amendment. The law violated the right of privacy, which implied the privacy of a woman’s decision to an abortion. Although the courts agreed with Roe, they also recognized the rights to an abortion are not absolute. Limitations to the right was based on the trimesters of pregnancy with the first trimester protecting the woman’s choice and the third trimester being acceptable for states to regulate or even ban abortions outside of therapeutic reasons.

For many years abortion has been the topic of controversy among the political, social and religious spectrum. Each holds individuals with dichotomous views on the legality of abortion. In recent times, the topic of abortion has returned to the courts to challenge political and religious opposing views. In this case, Texas has attempted to combine their religious perspective of abortion into the political sphere by demanding laws restricting abortion practices in clinics. On the other hand, liberal women and women’s rights groups are demanding the unconstitutionality of these restrictions. Therefore the restriction of women’s reproductive rights in laws that are being implemented in Texas should be rejected because of its potential threat

Texas is a key state when it comes to looking at abortion policy, and the laws surrounding it. The fight for a women’s right of choice regarding her body came about in Texas in 1969 with the supreme court case regarding a women’s right to an abortion. Now, in 2016 the state of Texas continues to fight with congress regarding issues surrounding women obtaining an abortion. The HB2 bill, which people from all over the country are fighting both for, and against, is in the eye of the camera as Texas implements some of the strictest rules yet regarding who, when, where, and how abortions can be performed.

In the case of Planned Parenthood of Greater Texas v. Abbott (2014), The American Civil Liberties Union, The Planned Parenthood Federation of America, the Center for Reproductive Rights, and a Texas law firm filed a lawsuit in federal court on behalf of several women’s health-care providers in Texas for seeking to enforce their rights and those of patients for declaratory judgment and pertaining to the regulation of surgical abortions and abortion-inducing drugs by enjoining two provisions of the 2013 Texas House Bill No. 2. (Planned Parent Hood v. Abbott, 2014). To many, Planned Parenthood challenges the state of Texas abortion law as it places an unconstitutional restriction on a woman’s right to obtain an abortion. It also

In 1973, Roe v. Wade ruled a state law that banned abortions, except in the cases of risking the life of the mother, unconstitutional (Garrow 833). The Court ruled that states were forbidden from regulating or outlawing abortion performed during the first trimester of a woman’s pregnancy, could pass abortion regulations if they were related to the health of the mother in the second and third trimesters, and pass abortion laws protecting the life of the fetus in the third trimester (Paltrow 18). However, the primary concern would remain to be the mother’s health, regardless. Roe v. Wade, controversial since it was decided, divided America and continues to spark debates,

The issue of abortion is one of the most controversial topics of our time, but recently the amount of public interest has grown exponentially. A number of bills regarding this policy issue such as Defund Planned Parenthood Act of 2015 and Child Interstate Notification Act have both greatly influenced the public’s opinion of abortion. Although, the issue of abortion hasn’t always been like this; according to Timeline of Abortion Laws and Events, an article from the Chicago Tribune, “The earliest anti-abortion laws were intended to protect women from untrained abortionists.” (Timeline) Since the 1973 passing of the Supreme Court Case, Roe V Wade, women have been able to obtain the abortion procedure in all 50 states, 46 of which were

Before 1973, abortion access was determined by state legislature for each individual state with no consistency across the United States. Some states allowed abortions but most state statues heavily restricted or completely banned abortion. The restricted states would generally only allow abortion in the event of rape, incest, fetal anomalies, or the woman’s life is at risk. The state of Texas enforced a state statute that made it illegal for an abortion to be performed unless the woman’s

wade. “Repeated challenges since 1973 narrowed the scope of Roe v. Wade but did not overturn it. In Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), the Supreme Court established that restrictions on abortion are unconstitutional if they place an “undue burden” on a woman seeking an abortion before the fetus is viable” (). “Since the roe decision, anti abortion lawmakers have not been able to ban abortion outright. Instead, they have developed a very successful strategy of limiting a woman’s access to the procedure and restricting the procedures that physicians can use to perform it” (76). “The restrictions that were given made life harder for women. All of these laws are meant to dissuade a woman from going through with the abortion. Feminists oppose the restrictions. They view the laws as condescending to women, who they feel know how to make up their own minds about this personal, private decision” (77). “When they eventually make their way back to a clinic, they may be much farther along in the pregnancy, when the procedure becomes more invasive, potentially more dangerous to the mother, and much more expensive” (77). “For some clinics, the expenses brought on by TRAP laws are so high the facilities shut down. By the fall of 2014, only eight abortion clinics in Texas were still standing. Before the law, some 10,000 Texas women had to travel more than 200 miles

As a consequence, the ruling set the path toward new restrictive abortion laws that can completely block having an abortion. In Whole Woman’s Health v. Hellerstedt (2016), the Court recognized an undue burden was placed when Texas placed restrictions on the delivery of abortion providers. Justice Ginsburg, concurring with the majority states, “When a State severely limits access to safe and legal procedures, women in desperate circumstances… , faute de mieux, at great risk to their health and safety” (“Whole Woman’s Health v. Hellerstedt” Cornell 10). Having limited options to an abortion will lead women to another alternative that consists of an unsafe abortion. While this ruling upheld women’s right to a safe and legal abortion, States still have the opportunity to intervene and persuade women to not get an abortion as seen in Hellerstedt. Through the rulings made in Roe, Casey, and Hellerstedt, society has slowly progressed in accepting women have the basic liberty to control reproduction. Some individuals have learned to put aside their religious and moral beliefs when it comes to making a decision that will affect women. Overall, the United States still remains at conflict over the controversial subject of abortion. We as a nation have learned women have the basic liberty to decide over their body and terminate a pregnancy,

Roe vs. Wade case was a ground-breaking landmark case because it gave a woman the right to choose. Since then landmark cases and legislation restricted a woman from having an abortion. The rights of the unborn are the reason why a woman's rights to have an abortion are being eroded. In addition, violent events have occurred because a woman has a right to have an abortion. Clearly, this topic has affected the political, health, social, and religious, aspects of our society. Currently, women are choosing not to have an abortion. The sentiment is so strong that a Harris poll showed that 72% of Americans say abortion should be illegal after the first 3 months of pregnancy. To make this point, abortion rates are down in the states where the abortion

In Texas, a large cultural controversy has resurfaced. State lawmakers want to introduce a new set of guidelines which would essentially limit the availability of abortions to Texan women. This debate is very clearly divided into two opposing sides: pro-life and pro-choice. The pro-life side wants to pass this law, which says that clinics must be held to hospital grade standards and doctors must have admitting privileges at a hospital within 30 miles of where the abortion takes place. According to the pro-choice side and abortion clinicians themselves, “the regulations [are] expensive, unnecessary and intended to put many [offices] out of business” (nytimes). This case has made it to the U.S. Supreme Court, meaning that

Texas continues to fight women’s rights groups for the life of the “unborn child” and has won on many levels. According to the Texas Abortion Laws, Texas includes mandatory ultrasound imaging and parental consent for minors, and women must make at least four visits to a doctor and receive an ultrasound. Women may only receive a third trimester abortion if it is necessary to prevent death or substantial risk of serious impairment to a women’s physical or mental health, or if fetus has severe and irreversible abnormality. Texas considers an illegal abortion if it destroys the vitality or life of child in birth or before (which otherwise would have been born alive); operating a facility without a license, failure to meet Board of Health standards, or failure to make reports to Department of Health; act preformed after pregnancy with intent to cause termination of pregnancy other than for purpose of birth of live fetus or removal

In Whole Woman’s Health v. Cole, the Supreme Court will decide on the constitutionality of 2 provisions from the 2013 Texas law, H.B. 2, which places requirements on physicians who perform abortions and the clinics that they perform them in. The first provision of H.B. 2 requires that physicians, who perform abortions at clinics, have admitting privileges at a hospital 30 miles or closer to every clinic in which they are performing the abortion. The second provision requires that abortion clinics “have facilities equal to an outpatient surgical center.” H.B. 2 was enacted to protect the health of the woman procuring an abortion but will close down a majority of clinics in Texas, which limits where women can go to seek help.

The issue of abortion is notoriously controversial. Since the Supreme Court’s 1992 ruling in Casey v. Planned Parenthood, states have enacted different restrictions on the procedure. These restrictions vary from state to state. Nineteen states currently have laws prohibiting partial-birth abortion, and forty-one states strictly prohibit abortions except in cases of life-endangerment. One particularly incendiary area of abortion law is that of public funding. However, as of this year there are only seventeen states that cover abortion procedures through public funding. In this paper we will discuss federal abortion legislation, while describing the laws and political ideologies of the following states: Texas, California, New