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Should Abortion Be Legal?The debate over whether or not abortion should be a legal option continues todivide Americans long after the US Supreme Court's 7-2 decision on Roe v.Wade declared the procedure a "fundamental right" on Jan. 22, 1973.

Proponents, identifying themselves as pro-choice, contend that choosingabortion is a woman's right that should not be limited by governmental orreligious authority, and which outweighs any right claimed for an embryo orfetus. They say that pregnant women will resort to unsafe illegal abortions ifthere is no legal option.

Opponents, identifying themselves as pro-life, contend that personhoodbegins at conception, and therefore abortion is the immoral killing of aninnocent human being. They say abortion inflicts suffering on the unborn child,and that it is unfair to allow abortion when couples who cannot biologicallyconceive are waiting to adopt. Read more...

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Abortion ProCon.org is a nonpartisan, nonprofit website that presents research, studies, and pro and con statements related to abortion. This pro-con debaterevolves around whether or not abortion should be a legal option for terminating pregnancies that do not involve rape, incest, or when a mother’s life is in danger.For brevity we have abbreviated that issue down to the core question "Should abortion be legal?”

Did You Know?

1. From Roe v. Wade in 1973 through 2011, nearly 53 million legal abortionswere performed in the United States – an average of about 1.4 millionabortions per year. [84] At 2008 abortion rates, three in ten US women willhave an abortion before age 45. [13]

2. Although the Catholic and Lutheran churches oppose abortion, more of theirmembers believe abortion should be legal in all or most cases versus illegalin all or most cases (51% vs. 45%, Lutheran; 48% vs. 45%, Catholic). [151]

3. A woman's risk of dying from having an abortion is 0.6 in 100,000, while therisk of dying from giving birth is around 14 times higher (8.8 in 100,000). [3]The mortality rate of a colonoscopy is more than 40 times greater than thatof an abortion. [122]

4. 9.3% of abortions reported to the Centers for Disease Control andPrevention in 2011 were undergone by women who had three or moreprevious abortions. [161]

5. More US state abortion restrictions were enacted between 2011 and 2013(205 in total) than were adopted during the whole previous decade (189).[105]

Pro & Con Arguments: "Should Abortion Be Legal?"

PRO Legal Abortion

1. The US Supreme Court has declared abortionto be a "fundamental right" guaranteed by theUS Constitution. The landmark abortion case Roe v.Wade, decided on Jan. 22, 1973 in favor of abortion rights,remains the law of the land. The 7-2 decision stated that theConstitution gives "a guarantee of certain areas or zones ofprivacy," and that "This right of privacy... is broad enough toencompass a woman's decision whether or not to terminateher pregnancy." [49]

2. Reproductive choice empowers women bygiving them control over their own bodies. Thechoice over when and whether to have children is central toa woman's independence and ability to determine her future.[134] Supreme Court Justice Sandra Day O'Connor wrote in

CON Legal Abortion

1. Abortion is murder. The killing of an innocent humanbeing is wrong, even if that human being has yet to be born.Unborn babies are considered human beings by the USgovernment. The federal Unborn Victims of Violence Act,which was enacted "to protect unborn children from assaultand murder," states that under federal law, anybodyintentionally killing or attempting to kill an unborn childshould "be punished... for intentionally killing or attemptingto kill a human being." The act also states that an unbornchild is a "member of the species homo sapiens." [126] Atleast 38 states have passed similar fetal homicide laws. [127]

2. Life begins at conception, so unborn babiesare human beings with a right to life. Uponfertilization, a human individual is created with a unique

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the 1992 decision in Planned Parenthood v. Casey, "Theability of women to participate equally in the economic andsocial life of the Nation has been facilitated by their ability tocontrol their reproductive lives." [8] Supreme Court JusticeRuth Bader Ginsburg wrote in her dissenting opinion inGonzales v. Carhart (2007) that undue restrictions onabortion infringe upon "a woman's autonomy to determineher life's course, and thus to enjoy equal citizenship stature."[59] CNN senior legal analyst Jeffrey Toobin, JD, stated thatRoe v. Wade was "a landmark of what is, in the truest sense,women’s liberation." [113]

3. Personhood begins after a fetus becomes"viable" (able to survive outside the womb) orafter birth, not at conception. [31] [32] Embryos andfetuses are not independent, self-determining beings, andabortion is the termination of a pregnancy, not a baby. Aperson's age is calculated from birth date, not conception,and fetuses are not counted in the US Census. The majorityopinion in Roe v. Wade states that "the word 'person,' asused in the Fourteenth Amendment [of the US Constitution],does not include the unborn." [49]

4. Fetuses are incapable of feeling pain whenmost abortions are performed. According to a2010 review by Britain's Royal College of Obstetricians andGynaecologists, "most neuroscientists believe that thecortex is necessary for pain perception." The cortex doesnot become functional until at least the 26th week of a fetus'development, long after most abortions are performed. Thisfinding was endorsed in 2012 by the American College ofObstetricians and Gynecologists, [1] which stated that thatthere is "no legitimate scientific information that supports thestatement that a fetus experiences pain." [142] A 2005University of California at San Francisco study said fetusesprobably can't feel pain until the 29th or 30th week ofgestation. [166] Abortions that late into a pregnancy areextremely rare and are often restricted by state laws. [164]According to Stuart W. G. Derbyshire, PhD, Senior Lecturerat the University of Birmingham (England), "...fetuses cannotbe held to experience pain. Not only has the biologicaldevelopment not yet occurred to support pain experience,but the environment after birth, so necessary to thedevelopment of pain experience, is also yet to occur." [10]The "flinching" and other reactions seen in fetuses whenthey detect pain stimuli are mere reflexes, not an indicationthat the fetus is perceiving or "feeling" anything. [135] [145]

5. Access to legal, professionally-performedabortions reduces maternal injury and deathcaused by unsafe, illegal abortions. According toDaniel R. Mishell, Jr., MD, Chair of the Department ofObstetrics and Gynecology at the Keck School of Medicine,University of Southern California, before abortion waslegalized women would frequently try to induce abortions byusing coat hangers, knitting needles, or radiator flush, or bygoing to unsafe "back-alley" abortionists. [150] In 1972, therewere 39 maternal deaths from illegal abortions. By 1976,after Roe v. Wade had legalized abortion nationwide, thisnumber dropped to two. [7] The World Health Organizationestimated in 2004 that unsafe abortions cause 68,000maternal deaths worldwide each year, many of those indeveloping countries where safe and legal abortion servicesare difficult to access. [11]

6. Modern abortion procedures are safe and donot cause lasting health issues such ascancer and infertility. A peer-reviewed studypublished by Obstetrics & Gynecology in Jan. 2015 reportedthat less than one quarter of one percent of abortions lead tomajor health complications. [159] [160] A 2012 study inObstetrics & Gynecology found a woman's risk of dying fromhaving an abortion is 0.6 in 100,000, while the risk of dyingfrom giving birth is around 14 times higher (8.8 in 100,000).The study also found that "pregnancy-related complicationswere more common with childbirth than with abortion." [3]The American Medical Association and the AmericanCollege of Obstetricians and Gynecologists stated "Abortionis one of the safest medical procedures performed in the

genetic identity that remains unchanged throughout his orher life. This individual has a fundamental right to life, whichmust be protected. Jerome Lejeune, the French geneticistwho discovered the chromosome abnormality that causesDown syndrome, stated that "To accept the fact that afterfertilization has taken place a new human has come intobeing is no longer a matter of taste or opinion... The humannature of the human being from conception to old age is nota metaphysical contention, it is plain experimentalevidence." [15] [16]

3. Fetuses feel pain during the abortionprocedure. Maureen Condic, PhD, Associate Professorof Neurobiology and Anatomy and Adjunct AssociateProfessor of Pediatrics at the University of Utah School ofMedicine, explains that the "most primitive response to pain,the spinal reflex," is developed by eight weeks gestation,and adds that "There is universal agreement that pain isdetected by the fetus in the first trimester." [18] According toKanwaljeet J. S. Anand, MBBS, DPhil, Professor ofPediatrics, Anesthesiology and Neurobiology at theUniversity of Tennessee Health Science Center, "If the fetusis beyond 20 weeks of gestation, I would assume that therewill be pain caused to the fetus. And I believe it will besevere and excruciating pain." [24] Bernard N. Nathanson,MD, the late abortion doctor who renounced his earlier workand became a pro-life activist, stated that when an abortionis performed on a 12-week-old fetus, "We see [in anultrasound image] the child’s mouth open in a silentscream... This is the silent scream of a child threatenedimminently with extinction." [145]

4. Abortion is the killing of a human being,which defies the word of God. The Bible does notdraw a distinction between fetuses and babies: the Greekword brephos is used in the Bible to refer to both an unbornchild and an infant. [30] By the time a baby is conceived, heor she is recognized by God, as demonstrated in Jeremiah1:5: "Before I formed thee in the belly I knew thee; andbefore thou camest forth out of the womb I sanctified thee..."[133] The Sixth Commandment of the Bible's Old Testament,"Thou shalt not kill" (Exodus 20:13), applies to all humanbeings, including unborn babies. [23] In the Hindu religion,the holy text Kaushitaki Upanishad states that abortion is anequivalent misdeed to killing one’s own parents. [148] TheBBC states that "Traditional Buddhism rejects abortionbecause it involves the deliberate destroying of a life." [149]

5. The decision in Roe v. Wade was wrong andshould be overturned. US Supreme Court JusticeAntonin Scalia stated that the right to privacy defended inRoe v. Wade is "utterly idiotic" and should not be consideredbinding precedent: "There is no right to privacy [in the USConstitution]." [153] [154] In his dissenting opinion in Roe v.Wade, Justice William H. Rehnquist stated that an abortion"is not 'private' in the ordinary usage of that word. Nor is the'privacy' that the Court finds here even a distant relative ofthe freedom from searches and seizures protected by theFourth Amendment to the Constitution..." [49] Furthermore,the 14th Amendment bars states from depriving "any personof life, liberty, or property, without due process of law." [155]The Supreme Court overreached in Roe v. Wade when itexcluded unborn children from the class of "persons." [156][157]

6. Abortions cause psychological damage. A2008 peer-reviewed study published in the ScandinavianJournal of Public Health found that "Young adult womenwho undergo... abortion may be at increased risk forsubsequent depression." [44] A peer-reviewed 2005 studypublished in BMC Medicine found that women whounderwent an abortion had "significantly higher" anxietyscores on the Hospital Anxiety and Depression Scale up tofive years after the pregnancy termination. [69] A 2002 peer-reviewed study published by the Southern Medical Journalof more than 173,000 American women found that womenwho aborted were 154% more likely to commit suicide thanwomen who carried to term. [26] A 1996 study published inthe British Medical Journal reported that the mean annualsuicide rate amongst women who had an abortion was 34.7

United States." They also said the mortality rate of acolonoscopy is more than 40 times greater than that of anabortion. [122] The National Cancer Institute (NCI), theAmerican Cancer Society (ACS), and the American Collegeof Obstetricians and Gynecologists all refuted the claim thatabortion can lead to a higher probability of developing breastcancer. [22] A 1993 fertility investigation of 10,767 women bythe Joint Royal College of General Practitioners and theRoyal College of Obstetricians and Gynecologists found thatwomen who had at least two abortions experienced thesame future fertility as those who had at least two naturalpregnancies. [14]

7. Women who receive abortions are less likelyto suffer mental health problems than womendenied abortions. A Sep. 2013 peer-reviewed studycomparing the mental health of women who receivedabortions to women denied abortions found that women whowere denied abortions "felt more regret and anger" and "lessrelief and happiness" than women who had abortions. Thesame study also found that 95% of women who receivedabortions "felt it was the right decision" a week after theprocedure. [158] Studies by the American PsychologicalAssociation (APA), the Academy of Medical Royal Colleges(AMRC), and researchers at Johns Hopkins BloombergSchool of Public Health all concluded that purported linksbetween abortion and mental health problems areunfounded. [152]

8. Abortion gives pregnant women the option tochoose not to bring fetuses with profoundabnormalities to full term. Some fetuses have suchsevere disorders that death is guaranteed before or shortlyafter birth. These include anencephaly, in which the brain ismissing, and limb-body wall complex, in which organsdevelop outside the body cavity. [12] It would be cruel toforce women to carry fetuses with fatal congenital defects toterm. Even in the case of nonfatal conditions, such as Downsyndrome, parents may be unable to care for a severelydisabled child. Deborah Anne Driscoll, MD, Professor ofObstetrics and Gynecology at the University ofPennsylvania, said "many couples... don’t have theresources, don’t have the emotional stamina, don’t have thefamily support [to raise a child with Down syndrome]." [9]

9. Women who are denied abortions are morelikely to become unemployed, to be on publicwelfare, to be below the poverty line, and tobecome victims of domestic violence. AUniversity of California at San Francisco study found thatwomen who were turned away from abortion clinics(because they had passed the gestational limit imposed bythe clinic) were three times more likely to be below thepoverty level two years later than women who were able toobtain abortions. 76% of the "turnaways" ended up onunemployment benefits, compared with 44% of the womenwho had abortions. The same study found that womenunable to obtain abortions were more likely to stay in arelationship with an abusive partner than women who hadan abortion, and were more than twice as likely to becomevictims of domestic violence. [114] [73]

10. Reproductive choice protects women fromfinancial disadvantage. Many women who chooseabortion don't have the financial resources to support achild. 42% of women having abortions are below the federalpoverty level. [13] A Sep. 2005 survey in the peer-reviewedPerspectives on Sexual and Reproductive Health askingwomen why they had an abortion found that 73% ofrespondents said they could not afford to have a baby, and38% said giving birth would interfere with their educationand career goals. [19] An Oct. 2010 University ofMassachusetts at Amherst study published in the peer-reviewed American Sociological Review found that womenat all income levels earn less when they have children, withlow-wage workers being most affected, suffering a 15%earnings penalty. [136]

per 100,000, compared with a mean rate of 11.3 per100,000 in the general population of women. [45] An Apr.1998 Journal of Social and Clinical Psychology study of menwhose partners had abortions found that 51.6% of the menreported regret, 45.2% felt sadness, and 25.8% experienceddepression. [27]

7. Abortions reduce the number of adoptablebabies. Instead of having the option to abort, womenshould give their unwanted babies to people who cannotconceive. The percentage of infants given up for adoption inthe United States declined from 9% of those born before1973 to 1% of those born between 1996 and 2002. [53] As aresult of the lack of women putting their children up foradoption, the number of US infant adoptions dropped fromabout 90,000 in 1971 to 18,000 in 2007. [46] Around 2.6million American women were trying to adopt children as of2002, according to the US Department of Health andHuman Services. [76]

8. Selective abortion based on geneticabnormalities (eugenic termination) is overtdiscrimination. Physical limitations don't make thosewith disabilities less than human. The Americans withDisabilities Act of 1990 [54] provides civil rights protection topeople born with disabilities so they can lead fulfilling lives.The National Down Syndrome Society states that "peoplewith Down syndrome live at home with their families and areactive participants in the educational, vocational, social, andrecreational activities of the community. People with Downsyndrome are valued members of their families and theircommunities, contributing to society in a variety of ways."[66] The increase in abortions of babies with Downsyndrome (over 80% of women choose to abort Downsyndrome babies [70]) reduced the Down syndromepopulation by 15% between 1989 and 2005. [67]

9. Women should not be able to use abortionas a form of contraception. It is immoral to kill anunborn child for convenience. [116] The Guttmacher Institutereported that half of all women having abortions every yearhave had at least one previous abortion, [13] while 8.5% ofabortions reported to the Centers for Disease Control andPrevention in 2010 were undergone by women who hadthree or more previous abortions. [83] This suggests thatmany women are using abortion as a contraceptive method.[78] Freakonomics co-author Steven Levitt, PhD, wrote thatafter abortion was legalized, "Conceptions rose by nearly 30percent, but births actually fell by 6 percent, indicating thatmany women were using abortion as a method of birthcontrol, a crude and drastic sort of insurance policy." [38]

10. If women become pregnant, they shouldaccept the responsibility that comes withproducing a child. People need to take responsibilityfor their actions and accept the consequences. Havingsexual intercourse, even when contraceptive methods areused, carries with it the risk of a pregnancy. [128] The unbornbaby should not be punished for a mistake made by adults.If women are unprepared to care for their children, theyshould at least put them up for adoption.

11. The original text of the Hippocratic Oath,traditionally taken by doctors when swearingto practice medicine ethically, forbidsabortion. One section of the classical version of the oathreads: "I will not give a woman a pessary [a device insertedinto the vagina] to cause an abortion." The modern versionof the Hippocratic Oath, written in 1964 by Luis Lasagna,still effectively forbids doctors from performing abortions inthe line, "Above all, I must not play at God." [25]

12. Abortion promotes a culture in which humanlife is disposable. The legalization of abortion sends amessage that human life has little value. [144] Pope Franciscondemned "'the throwaway culture'" in Jan. 2014, stating

11. A baby should not come into the worldunwanted. Having a child is an important decision thatrequires consideration, preparation, and planning. TheColorado Department of Public Health and Environmentstated that unintended pregnancies are associated with birthdefects, low birth weight, maternal depression, increasedrisk of child abuse, lower educational attainment, delayedentry into prenatal care, a high risk of physical violenceduring pregnancy, and reduced rates of breastfeeding. [75]49% of all pregnancies among American women areunintended. [50]

12. Abortion reduces welfare costs to taxpayers.The Congressional Budget Office (CBO), a nonpartisanfederal agency, evaluated a proposed anti-abortion bill thatwould ban all abortions nationwide after 20 weeks ofpregnancy, and found that the resulting additional birthswould increase the federal deficit by $225 million over nineyears, due to the increased need for Medicaid coverage.Also, since many women seeking late-term abortions areeconomically disadvantaged, their children are likely torequire welfare assistance. [129] [130]

13. Abortion reduces crime. According to a study co-written by Freakonomics co-author Steven D. Levitt, PhD,and published in the peer-reviewed Quarterly Journal ofEconomics, "legalized abortion has contributed significantlyto recent crime reductions." Around 18 years after abortionwas legalized, crime rates began to drop abruptly, and crimerates dropped earlier in states that allowed abortion earlier.Because "women who have abortions are those most at riskto give birth to children who would engage in criminalactivity," and women who had control over the timing ofchildbearing were more likely to raise children in optimalenvironments, crime is reduced when there is access tolegal abortion. [20]

14. Abortion is justified as a means of populationcontrol. Philosopher Peter Singer, MA, Professor ofBioethics at Princeton University, defended abortion as away to curb overpopulation. [137] The United Nationsestimated that the world's population will increase to 9.3billion by 2050, which would be "the equivalent of addinganother India and China to the world," according to the LosAngeles Times. [131] Malnutrition, starvation, poverty, lack ofmedical and educational services, pollution,underdevelopment, and conflict over resources are allconsequences of overpopulation. [21] With 43.8 millionabortions performed worldwide in 2008 [74], the populationincrease if abortion were unavailable could be substantial.[132]

15. Many religious organizations and people offaith support women's reproductive choice.Although many religious groups oppose abortion, the UnitedMethodist Church, the Presbyterian Church, and theUnitarian Universalist Association of Congregations are allofficially pro-choice. [139] [140] [141] The Bible, despiteinterpretations to the contrary, contains no explicitcondemnation of abortion, and does not portray the killing ofa fetus as equivalent to the killing of a human being. InExodus 21:22-25, the crime of causing a woman to miscarryis treated as a property crime, whereas killing the woman isconsidered murder and is punished with the death penalty.[33] While the Catholic and Lutheran churches opposeabortion, more of their members believe abortion should belegal in all or most cases versus illegal in all or most cases(51% vs. 45%, Lutheran; 48% vs. 45%, Catholic). [151] JoeBiden, 47th US Vice President, stated in Oct. 2012 that "Iaccept my church’s position on abortion... But I refuse toimpose it on equally devout Christians and Muslims andJews, and I just refuse to impose that on others..." [138]

that "what is thrown away is not only food and dispensableobjects, but often human beings themselves, who arediscarded as 'unnecessary'. For example, it is frightful evento think there are children, victims of abortion, who will neversee the light of day..." [143] House Representative RandyHultgren (R-IL) wrote in Jan. 2014 that "When we tell oneanother that abortion is okay, we reinforce the idea thathuman lives are disposable, that we can throw awayanything or anyone that inconveniences us." [36]

13. Allowing abortion conflicts with theunalienable right to life recognized by theFounding Fathers of the United States. TheDeclaration of Independence states that "[A]ll men arecreated equal, that they are endowed by their Creator withcertain unalienable Rights, that among these are Life,Liberty and the pursuit of Happiness." [51] Abortion takesaway from the unborn the unalienable right to life that theFounding Fathers intended for all human beings. [115]

14. Abortion disproportionately affects AfricanAmerican babies. In the United States, black womenare 3.3 times as likely as white women to have an abortion,according to the Guttmacher Institute. [68] In New York Cityin 2012, more black babies were aborted (31,328) than hadlive births (24,758). [77]

15. Abortion eliminates the potential societalcontributions of a future human being.According to Heisman Trophy-winning football player TimTebow, "the reason I'm here" is because his mother ignoredthe advice of doctors who recommended an abortion. [117] Ithas also been reported that the mothers of entertainersCeline Dion, Cher, and Justin Bieber were either advised tohave abortions or were considering the procedure, butchose to give birth to their babies instead. [118] [120] [119]

16. Abortion may lead to future medicalproblems for the mother. A June 2003 studypublished by the peer-reviewed International Journal ofEpidemiology estimated that about 15% of first-trimestermiscarriages are attributed to a prior history of inducedabortion, and stated that "Induced abortion by vacuumaspiration is associated with an increased risk of first-trimester miscarriage in the subsequent pregnancy." [34] A2013 Chinese study published in the peer-reviewed IndianJournal of Cancer found an association between breastcancer and a history of abortions [71]. A Feb. 2014 studypublished in the peer-reviewed Cancer Causes and Controlfound that abortion "is significantly associated with anincreased risk of breast cancer" and that "the risk of breastcancer increases as the number of [abortions] increases."[72]

Comment Comment

Background: "Should Abortion Be Legal?"The debate over whether or not abortion should be a legal option continues to divide

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Pro-choice and pro-life demonstrators during the2004 Washington, DC March for Women's LivesprotestSource: Declan McCullagh Photography,www.mccullagh.org (accessed Apr. 1, 2010)

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Bob Englehart's 1981 political cartoon "WhenDoes Life Begin?," originally published by TheHartford Courant Source: "Cartoon Plagiarism Case Offers aMetaphor for the Abortion Debate,"www.ideagrove.com, Nov. 15, 2005

Americans long after the US Supreme Court's 7-2 decision on Roe v. Wade [49] declaredthe procedure a "fundamental right" on Jan. 22, 1973.

Proponents, identifying themselves as pro-choice, contend that choosing abortion is aright that should not be limited by governmental or religious authority, and whichoutweighs any right claimed for an embryo or fetus. They say that pregnant women willresort to unsafe illegal abortions if there is no legal option.

Opponents, identifying themselves as pro-life, contend that personhood begins atconception, and therefore abortion is the immoral killing of an innocent human being.They say abortion inflicts suffering on the unborn child, and that it is unfair to allowabortion when couples who cannot biologically conceive are waiting to adopt.

Variations exist in arguments on both sides of the debate. Some pro-choice proponentsbelieve abortion should only be used as a last resort, while others advocate unrestrictedaccess to abortion services under any circumstance. Pro-life positions range fromopposing abortion under any circumstance to accepting it for situations of rape, incest, orwhen a woman's life is at risk.

Pro-Choice and Pro-Life Groups

Some prominent pro-choice organizations include Planned Parenthood, NARAL Pro-Choice America, the National Abortion Federation,the American Civil Liberties Union (ACLU), and the National Organization for Women. Although many pro-life positions derive fromreligious ideology, several mainstream faith groups support the pro-choice movement, such as the United Methodist Church, UnitedChurch of Christ, the Episcopal Church, Presbyterian Church, and the Unitarian Universalist Association. The 2012 Democratic PartyPlatform endorsed the pro-choice position, stating, "The Democratic Party strongly and unequivocally supports Roe v. Wade and awoman’s right to make decisions regarding her pregnancy, including a safe and legal abortion, regardless of ability to pay. We opposeany and all efforts to weaken or undermine that right." [55] However, 31% of Democrats consider themselves pro-life. [80]

Some prominent pro-life organizations include The National Right to Life Committee, Pro-Life Action League, Operation Rescue, theCatholic Church, the Eastern Orthodox Church, Americans United for Life, the National Association of Evangelicals, Family ResearchCouncil, Christian Coalition of America, and the Church of Jesus Christ of Latter-Day Saints (Mormon Church). [6] The 2012 RepublicanParty Platform opposed abortion, stating, "Faithful to the 'self-evident' truths enshrined in the Declaration of Independence, we assert thesanctity of human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed." [56] However,26% of Republicans are pro-choice. [80]

Public Opinion

In May 2014, Gallup reported that 46% of Americans consider themselves pro-life and47% say they are pro-choice. [79] Gallup also found that more Americans think abortionshould be "legal under any circumstances" (28%) than those who want abortion to be"illegal in all circumstances" (21%). 50% of Americans say abortion should be "legal onlyunder certain circumstances." [79]

In a Gallup poll taken in Jan. 2015, 34% of Americans said they were satisfied withcurrent US abortion policies, which is the lowest level of satisfaction in 15 years ofpolling. Most dissatisfaction was voiced by Republicans, and twice as many people weredissatisfied because abortion laws are too loose (24%) than the number of peopledissatisfied because abortion laws were too strict (12%). [165]

In Jan. 2013, Pew Research found that most Americans (63%) "say they would not liketo see the court completely overturn the Roe v. Wade decision." 29% would like Roe v.Wade to be overturned. [94] A 2013 Pew Research survey found that 70% of people whoattend religious services at least once a week say abortion is morally wrong, comparedwith just 32% of people who rarely or never attend services. [2]

Abortion Procedures

Surgical abortion (aka suction curettage or vacuum curettage) is the most common type of abortion procedure. It involves using a suctiondevice to remove the contents of a pregnant woman's uterus. Surgical abortion performed later in pregnancy (after 12-16 weeks) iscalled D&E (dilation and evacuation). [81] [82] The second most common abortion procedure, a medical abortion (aka an "abortion pill"),involves taking medications, usually mifepristone and misoprostol (aka RU-486), within the first seven to nine weeks of pregnancy toinduce an abortion. [39] The Centers for Disease Control and Prevention (CDC) found that 64.5% of abortions performed in 2011 wereperformed at or less than 8 weeks gestation, and 91.4% were performed at or less than 13 weeks gestation. 79.6% were performed bysurgical procedure, while 19.1% were medical abortions. [161] In 2009, the average amount paid by US women for a surgical abortion at10 weeks gestation was $451. For a medical abortion, the average amount paid was $483. [146] Abortions performed in physicians'offices are generally more expensive than those obtained at an abortion clinic, and abortions performed later in pregnancy are usuallymore expensive also. Abortions after 20 weeks gestation can cost over $1,000. [147]

Early History

Abortion techniques were developed as early as 1550 BC, when the Egyptian medical text Ebers Papyrus suggested that the vaginalinsertion of plant fiber covered with honey and crushed dates could induce an abortion. Abortion was an accepted practice in ancientGreece and Rome. Greek philosopher Aristotle (384–322 B.C) wrote that "...when couples have children in excess, let abortion beprocured before sense and life have begun..." [86] In the latter days of the Roman Empire, abortion was considered not as homicide butas a crime against a husband who would be deprived of a potential child. [87] [86]

Throughout much of Western history, abortion was not considered a criminal act as long as it was performed before "quickening" (the firstdetectable movement of the fetus, which can occur between 13-25 weeks of pregnancy). [86] [88] American states derived their initialabortion statutes from British common law, which followed this principle. [106] Until at least the early-1800s, abortion procedures andmethods were legal and openly advertised throughout the United States. [89] [91] Abortion was unregulated, however, and often unsafe.[90]

In 1821, Connecticut became the first state to criminalize abortion. The state banned the selling of an abortion-inducing poison towomen, but it did not punish the women who took the poison. Legal consequences for women began in 1845 when New York

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A coat-hanger is a frequently used symbol forabortion rightsSource: "Celebrating 25 Years of DecriminalizedAbortion in Canada, gender-focus.com, Jan. 26,2013

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Demonstrators holding pro-choice and pro-lifesignsSource: "New Pew Poll Shows Support for LegalAbortion Drops to Lowest Level in 15 Years,"LifeNews.com, Apr. 29, 2009

criminalized a woman's participation in her abortion, whether it took place before or after quickening. [41] In the mid-1800s, early pro-lifeadvocate Dr. Horatio Robinson Storer (1830-1922) convinced the American Medical Association to join him in campaigning for theoutlawing of abortion nationwide. [92] [90] By the early 1900s, most states had banned abortion. By 1965, all 50 states had outlawed

abortion, with some exceptions varying by state. [42]

The motivation behind these early abortion laws has been disputed. Some writers arguethat the laws were not aimed at preserving the lives of unborn children, but rather wereintended to protect women from unsafe abortion procedures [90], or to allow the medicalprofession to take over responsibility for women's health from untrained practitioners. [86]Others say that pro-life concerns were in fact already prevalent and were a majorinfluence behind the efforts to ban abortion. [93]

Roe v. Wade

Federal action on abortion didn't occur until Roe v. Wade, which declared most stateanti-abortion laws unconstitutional. The high court’s 7-2 decision established rules basedon a pregnancy trimester framework, banning legislative interference in the first trimesterof pregnancy (0-12 weeks), allowing states to regulate abortion during the secondtrimester (weeks 13-28) "in ways that are reasonably related to maternal health," andallowing a state to "regulate, and even proscribe" abortion during the third trimester(weeks 29-40) "in promoting its interest in the potentiality of human life," unless anabortion is required to preserve the life or health of the mother. [49] [95] The decision also

allowed states to prohibit abortions performed by anyone who is not a state-licensed physician. [49]

The initial Roe v. Wade lawsuit was filed at the Dallas federal district courthouse on Mar. 3, 1970 by pregnant Texas resident NormaMcCorvey, named in court documents as "Jane Roe." Henry Wade, Dallas County District Attorney from 1951 to 1987, was the nameddefendant. McCorvey was seeking to end her pregnancy, but abortion was illegal in Texas except to save the mother's life. [96] [97]McCorvey said the pregnancy was the result of rape, but she later retracted that claim, admitting she lied in the hope of increasing herchances of procuring an abortion. The baby was eventually delivered and given up for adoption. [123] McCorvey later abandoned hersupport of abortion rights, becoming a pro-life activist and an evangelical Christian in 1995. She then converted to Catholicism and tookpart in silent prayer vigils outside abortion clinics. [100]

Federal Regulation

Immediately following Roe v. Wade, pro-life proponents pushed for federal legislation that would restrict abortion. In 1976, Congresspassed the appropriations bill for the Departments of Labor, Health, Education, and Welfare (now the Department of Health and HumanServices) which included an amendment ending Medicaid funding for abortions. Known as the "Hyde Amendment," this provisionbanning federal funding for abortions has been renewed with various revisions every year since its inception.

At the Aug. 1984 United Nations International Conference on Population held in Mexico City, Mexico, President Ronald Reaganannounced the Mexico City Policy, [60] which restricted all non-governmental organizations funded by the US Agency for InternationalDevelopment (USAID) from performing or promoting abortion services. President Bill Clinton rescinded the policy on Jan. 22, 1993, andon Jan. 22, 2001, President George W. Bush reenacted it. On Jan. 23, 2009, President Barack Obama issued a memorandum againrescinding the policy, stating that its conditions "undermined efforts to promote safe andeffective voluntary family planning programs in foreign nations." [61]

On June 29, 1992 the US Supreme Court case Planned Parenthood of SoutheasternPennsylvania v. Casey [57] (5-4) upheld the constitutional right to have an abortion, but itabandoned the "rigid trimester framework" outlined in Roe v. Wade and adopted a lessrestrictive standard for state regulations. The decision allowed states to impose waitingperiods before a woman can obtain an abortion, allowed some legislative interference inthe first trimester in the interests' of a woman's health, and permitted parental consentrequirements for minors seeking abortions. [107] The Court ruled that none of theseconditions imposed an "undue burden" upon women seeking abortions, but some pro-choice advocates warned that Roe v. Wade had been significantly weakened and thatstates would limit abortion access. [108] [109]

On Nov. 5, 2003, after passing in the US House of Representatives (281-142) and theUS Senate (64-34), the Partial-Birth Abortion Ban Act of 2003 [58] was signed into law byPresident George W. Bush. This federal legislation banned physicians from providingintact dilation and extraction (aka "partial-birth" abortion), a late-term (after 21 weeksgestation) method which accounted for 0.17% of abortion procedures in 2000. [43] The

act defines a "partial-birth abortion" as "an abortion in which the [provider] deliberately and intentionally vaginally delivers a living fetusuntil... the entire fetal head is outside the body of the mother, or... any part of the fetal trunk past the navel is outside the body of themother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus." Pro-choice advocateschallenged the constitutionality of the Partial-Birth Abortion Ban Act of 2003; however, the Apr. 18, 2007 US Supreme Court caseGonzales v. Carhart/Gonzales v. Planned Parenthood [59] upheld the act, ruling 5-4 that it did not impose "an undue burden on awoman's right to abortion."

The topic of abortion was raised during the 2009-2010 US Congress health care debate. Some pro-life advocates said the PatientProtection and Affordable Care Act would allow federal funding for abortions, a claim denied by abortion rights supporters. To ensurepassage of the bill, President Obama signed an executive order "to establish an adequate enforcement mechanism to ensure thatFederal funds are not used for abortion services," re-affirming Hyde Amendment restrictions and extending them to cover the newlycreated health insurance exchanges. [63]

State Restrictions

State restrictions on abortion access increased sharply after the 2010 midterm elections, in which Republicans gained at least 675 statelegislative seats, the biggest gain made by any party in state legislatures since 1938. [162] The number of new restrictions rose from 23 in2010 to 92 in 2011, and more restrictions (205) were enacted between 2011 and 2013 than were adopted during the whole previousdecade (189 between 2001 and 2010). [103] [104] [105] In 2014, states enacted 26 new restrictions. [163] As of Jan. 2015, 57% of womenlive in states the Guttmacher Institute considers either "hostile" or "extremely hostile" to abortion rights, based on the number ofrestrictions they impose (four or five kinds of restrictions equals "hostile," while six or more equals "extremely hostile.") [163]

(Click to enlarge image)

Anti-abortion sign and wooden crosses placedoutside the Whole Woman's Health abortionprovider in McAllen, TXSource: "Anti-Abortion Groups Push New Roundof Abortion Rules in Texas," nytimes.com, Nov.22, 2012

(Click to enlarge image)

The world’s abortion laws as of Sep. 2011Source: Center for Reproductive Rights,www.reproductiverights.org, Sep. 2011

On Apr. 13, 2010, Nebraska's Republican Governor Dave Heineman signed a lawbanning abortions at or after 20 weeks gestation on the theory that a fetus can feel painby that time. The law was the first in the United States to restrict abortions based on fetalpain. [47] After Nebraska's law was passed, several other states enacted similar laws.[101] On Mar. 6, 2013, Idaho's fetal pain law was the first to be struck down by a federalcourt. On Jan. 13, 2014, the US Supreme Court declined to review a similar ruling madeagainst Arizona's fetal pain law. [102]

On Apr. 27, 2010, the Oklahoma legislature signed a law requiring pregnant womenseeking an abortion to undergo an ultrasound and listen to a detailed description of thefetus's heart, limbs, and organs. While other states had passed laws requiring women toundergo an ultrasound before having an abortion, Oklahoma's law was the first thatrequired women to watch the monitor and listen to a detailed description of the fetus. [48]

On Mar. 29, 2011, Arizona became the first state to criminalize abortions based on thesex or race of a fetus. The bill, signed into law by Republican Governor Jan Brewer, wasopposed by Democrats, who said there was little evidence that sex- or race-selectionabortions were taking place in the state. [64] In Mar. 2013, North Dakota outlawed

abortions as early as six weeks after a woman's last menstrual period, when a fetal heartbeat can first be detected. Like several otherstate abortion laws, the North Dakota law has been stayed by a federal judge, pending appeals. [110]

As of Mar. 27, 2014, one third of Texas' abortion clinics were forced to close following the enactment of a controversial 2013 Texas lawthat requires doctors performing abortions to have hospital admitting privileges, among other restrictions. Six abortion providers wereexpected to remain open in Texas by the end of 2014, down from 36 before the law was passed. The Texas law gained extra mediaattention when state Senator Wendy Davis (D) tried unsuccessfully to block the bill with an 11-hour filibuster in June 2013. [111] [112]

Abortion Statistics

From Roe v. Wade through 2011, nearly 53 million legal abortions were performed in the United States – an average of about 1.4 millionabortions per year. [84] One out of five pregnancies (excluding miscarriages) end in abortion, and each year 1.7% of women aged 15-44have an abortion. At 2008 abortion rates, one in ten US women will have an abortion before age 20, one in four by 30, and three in tenby 45. 18% of women having an abortion are teenagers, while most women having abortions are in their 20s: 33% aged 20-24 and 24%aged 25-29. [13] The US abortion rate fell 29% between 1990 and 2005, from 27.4 to 19.4 abortions per 1,000 women of childbearingage, before leveling out from 2005-2008, according to a Mar. 2011 Guttmacher Institute study. [65] Between 2008 and 2011, the abortionrate dropped again by 13% to its lowest point since 1973: 17 abortions for every 1,000 women. Pro-choice supporters credited anincreased use of new birth control methods such as Mirena (an intra-uterine device that can last for several years) as one of the reasonsfor the decline. Pro-life groups credited an increase in anti-abortion laws at the state level amongst other factors, although abortion ratesdropped faster than the national average in some states that had not enacted abortion restrictions, such as Illinois, where the ratedropped by 18%. [13] [85] [121]

There were 1,720 abortion providers and 839 abortion clinics (facilities where 50% ormore patient visits are for abortion services) in the United States in 2011. However, 89%of US counties did not provide abortion services, with 38% of women living in thosecounties. [124] From 2011 to 2013, at least 73 abortion clinics closed. About half of thoseclinics were forced to close as a result of new state laws restricting abortion, according toBloomberg Businessweek. [125] However, the number of abortion providers has beendeclining since 1984, after it reached a peak of 2,908 providers in 1982. Pro-choiceadvocates believe increased clinic violence has contributed to this downward trend.According to the National Abortion Federation, a professional association of abortionpractitioners, at least 222 arson attacks/bombings were committed against abortionproviders between 1977 and 2012, with at least another 99 attempted arsonattacks/bombings. Additionally, at least eight abortion providers were murdered duringthat time and there were at least 17 attempted murders of clinic staff and physicians. [99]Mainstream pro-life leaders and organizations have publicly denounced violencecommitted against abortion providers and clinics. [98]

Video Gallery

1973 CBS Evening News with … Five States Move to Restrict A…

CBS Evening News broadcast hosted by Walter Cronkite,reporting on the Roe v. Wade decision.

Source: "1973 CBS Evening News with Walter Cronkite (1/22/73),"

PBS NewsHour report on the increase in state abortion restrictions,featuring a debate between Charmaine Yoest, President of

Americans United for Life, and Ilyse Hogue, President and CEO of NARAL Pro-

Visit the ProCon.org community on:

YouTube.com, Jan. 22, 1973 Choice America.Source: "Five States Move to Restrict Access to Abortion Services," YouTube.com,Apr. 30, 2013

40 years of NARAL Pro-Choice…

1973 CBS Evening News with Walt…

NARAL Pro-Choice America video commemorating theorganization's 40th anniversary and reaffirming support for Roe

v. Wade.Source: "40 Years of NARAL Pro-Choice America," YouTube.com(accessed June 1, 2011)

Abortion commentary from Brit Hume, Senior Political Analyst for FOXNews Channel, on the program Special Report.

Source: "Hume Reflects on the 41st Anniversary of Roe v. Wade,"video.foxnews.com, Jan. 22, 2014

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