Get The Facts: Abortion Laws in the US

By Ellen Scott

I’ll be honest, when it comes to politics – especially politics in the US – I’m basically clueless. But when politics gets involved in issues such as abortion and birth control, women really need to get involved. Abortion is a really important issue, whether you’ll actually need one at one point or not. There’s a reason abortion is such a hot topic; it delves into women’s rights, religion, and personal choice. Basically, it’s too important to ignore, so we made a quick fact list so you can know the very basics of the actual, current law regarding abortion in the US. Read up!

• The 1973 Roe vs Wade case created a landmark decision regarding abortion. The previous law in Texas, which made abortion illegal, was altered as a result of Jane Roe challenging the constitutionality of criminalizing abortion. The decision fell in favor of Roe, making it legal to have an abortion, but issuing regulations focused on the trimester in which the abortion takes place. The case ignited debate between pro-life and pro-choice activists, and also brought in the issue of ‘viability’.
• The Roe vs Wade case set a precedent that abortion should be allowed only before the point of ‘viability’, ie. only before the child could survive outside of the body. This caused a lot of controversy not only over exactly when a fetus becomes viable, but also over whether the physical viability is what determines life.
• Viability is usually placed at 7 months.
• Prior to the Roe vs Wade ruling, the legality of abortion was decided by each state. It was illegal in 30 states and legal under certain cases in 20 states. The ruling made abortion legal in every state, but with restrictions regarding viability.
• Since 2003, ‘Partial Birth Abortions’ have been made illegal. This is when the fetus is delivered partially and then killed. In the case of a PBA, the woman cannot be prosecuted, and the procedure is allowed if the woman’s life is threatened. A doctor who performs a PBA risks prison.
• Although Roe vs Wade made abortion legal across the country, the split between federal and state law means that actual access to abortions varies state by state. Many states don’t have abortion providers, and some are fighting to create personhood amendments banning abortion.

So those are the very basic laws regarding abortion in the US. Obviously the reality of the situation is a lot more complex, especially at this point in the Presidential race. Do you feel well informed about your rights to abortion? Or overwhelmed by opinion and debate? Leave a comment below and let us know!