Pregnancy Definitions

• Conception: The action of conceiving a child or of a child being conceived

• Abortion: The deliberate termination of a human pregnancy

• 1st Amendment: ratified in 1791 as part of the Bill of Rights, prohibiting congress from interfering with freedom of religion, speech, assembly or petition

Pregnancy Definitions

• 14th Amendment: Ratified in 1868, defining national citizenship and forbidding the states to restrict the basic rights of citizens or other persons

• Ethical Dilemmas: two or more ethical principles in conflict with one another

• Viability: capable of living, physically fitted to live

Types of Abortions

• Suction Aspiration: during 1st 12 weeks, Local anesthesia, cervix dilated, suction tube inserted into the womb, connected to a vacuum, 29 X more powerful than a household vacuum.

Types of Abortions

• Dilation & Curettage: during 1st 12 weeks, Similar to suction, hook shaped knife used to remove the products of conception

Types of Abortions

• Dilation & Evacuation (D&E): Used up to 18 weeks, Instead of a curett a loop-shaped knife with forceps are used

Types of Abortions

• Saline Injection: after 16 weeks, salt solution is injected into the amniotic sac , salt effects the organ function of the fetus, death of the baby usually leads to death

Types of Abortions

• Prostaglandin Chemical Abortion: Labor is induced causing the fetus to be born early

• Hysterotomy or Cesarean Section: similar to c-section the baby and sometimes the uterus are removed through surgery.

Types of Abortions

• Partial Birth Abortions: The baby is partially manually delivered and then the brains are removed before the baby is entirely delivered.

Roe vs. Wade 1973

• Woman’s right to privacy (1st amendment) • 1st tri: decision between woman and physician

• 2nd Tri: State may regulate the abortion procedure

• 3rd Tri: State has a compelling interest in the “product” so can override the woman’s right

Doe V. Bolton 1973

• Georgia’s abortion statute• Specify what regulations the state can enact

during each trimester• Struck down preabortion procedural

requirements– Residency– In accredited Hospital only– Approval by med committee– Consultations of two copractitioners

Danforth v. Planned Parenthood 1976 and Belloti v Baird

• <18 unconstitutional to require parental consent– Does not define when consent may be required

• Belloti v. Baird– Overturned Massachusetts statute requiring

parental consent <18• Protected by the 14th amendment

Maher v. Roe 1977 & Harris v. McRae 1980

• Maher v. Roe– Supreme Court supported Connecticut in the

decision to deny Medicaid payment for abortions• Harris v. McRae– State may choose to us Medicaid funds to pay for

medically necessary abortions– http://www.wimp.com/withcliff/

Colautti v. Franklin 1979

• State can choose to protect a fetus that a physician has determined to be viable

• Individual State Statutes– Must allow physicians to make the best medical

judgment

H.L. v. Matheson 1981

• Supreme Court supported State• Utah Statute– “notify if possible” the parents of a minor once an

abortion was performed– This is just notice not consent

City of Akron v. Akron Center for Reproductive Health 1983

• States cannot– (1) Mandate what info physician must give parents• Beyond procedure consent

– (2) Require after 3mo that abortion be done in hospital• Cost and availability

– (3) 24 hour waiting period– (4) Under age 15 consult guardian & obtain consent– http://www.wimp.com/tennistoddler/

Rust v. Sullivan 1991

• Family planning clinics and Title X• Argument– How can a woman make an informed choice

between two options when she cannot obtain information as to one of them?

• Supreme Court found that there was no violation

Planned Parenthood v. Casey 1992

• Ruled that it is “not an undue burden”– Woman be informed– Offered info and alternatives– Informed consent– Require parental consent for minor with judicial

bypass options– 24 hour waiting period

Women’s Medical Professional Corp. v. Voinovich 1998

• Ohio Statute• Terminations in later term only if medical risk• Statute banned D&X of previable and

postviable abortions• Determined to be unconstitutionally vague• Professional judgment, two providers• http://www.wimp.com/spellingbee/

Stenberg v. Carhart 2000

• Nebraska ban on partial birth abortions• Ban considered unconstitutional and a

violation of Roe v. Wade• Supreme Court struck this ban down– Stating it to be an extremely descript attempt at

outlawing abortions

Partial Birth Abortion Ban Made Law 2003

• November 6th

• President Bush signed the first federal restrictions banning late-term partial-birth abortions

• No exceptions• U.S. district Court in Nebraska issued a

restraining order on the ban

Abortion Rights 2004

• Hundreds of thousands from more than 60 countries

• Marched in Washington DC• “Pro Choice-Pro Child” “It’s Your Choice…Not

Theirs” “My Family My Choice” “My Body My Choice” “Justice for All” “Keep Abortion Legal”

State Abortion Statutes

• 1973 Roe and Doe tried to eliminate State statutes regarding Abortion

• It is clear– States have been given more power to regulate

the performance of abortions– http://www.wimp.com/birdonstage/

Spousal Consent

• Florida Therapeutic Abortion Act, Pennsylvania Abortion Control Act, and in Planned Parenthood v. Casey– required a married woman to obtain the

husband’s consent before an abortion• Found to be unconstitutional• Husband’s interest in baby insufficient• Undue burden on the woman

In competent Persons’ Consent

• The court can appoint a surrogate decision maker

• Family court in In re Doe

South Dakota tried to Ban Abortion

• 2 houses of State legislation voted overwhelmingly for the bill

• This legislation was vetoed• Pro choice advocates argued for a woman’s

rights• Called for the State to be evenhanded in its

health care policies

Utah Woman Refuses C-Section

• Woman was charged with criminal homicide– Refused c-section when physician recommended it– One of her twins died prior to delivery

Morality of Abortion

• Not a legal or constitutional issue; it is a matter of philosophy, ethics, and theology

• Our obligation is to define the liberty of all, not to mandate our own moral code.

Current News on Abortion

• http://www.cbsnews.com/8301-504763_162-57369527-10391704/susan-g-komen-cuts-ties-with-planned-parenthood/

• Susan G Komen foundation stopped grant funding to Planned Parenthood

• Claimed policy barred support for organizations under government investigation

• Investigation into Planned Parenthood’s compliance with federal restrictions on funding abortions

Current News on Abortion

• Planned Parenthood feels that Komen is bowing to pressure from anti-abortion activists

• Karen Handel VP advocated for the defunding in her fun for Georgia governor

• http://www.washingtonpost.com/local/former-komen-exec-defends-funding-cut-205/2012/02/07/gIQAXnkTxQ_video.html

Current News on Abortion

• Komen has invested nearly $2 billion in diagnosis, treatment, research & education since 1982

• Komen reversed it’s decision• Planned Parenthood received donations of $3

million over the past 10 days

Current News on Abortion

• http://www.youtube.com/watch?v=YmRz3b0myok

• http://www.cbsnews.com/video/watch/?id=7397991n

• http://www.cbsnews.com/video/watch/?id=7397845n

Current News on Abortion

• Republicans vow to reverse Obama’s policy on birth control

• Obama looking for a way to allay the concerns• Can the government tell a faith based

organization what they must pay for?