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How the Right to Legal Abortion Changed the Arc of All Women’s Lives

By Katha Pollitt

Prochoice demonstrators during the March for Women's Lives rally organized by NOW Washington DC April 5 1992.

I’ve never had an abortion. In this, I am like most American women. A frequently quoted statistic from a recent study by the Guttmacher Institute, which reports that one in four women will have an abortion before the age of forty-five, may strike you as high, but it means that a large majority of women never need to end a pregnancy. (Indeed, the abortion rate has been declining for decades, although it’s disputed how much of that decrease is due to better birth control, and wider use of it, and how much to restrictions that have made abortions much harder to get.) Now that the Supreme Court seems likely to overturn Roe v. Wade sometime in the next few years—Alabama has passed a near-total ban on abortion, and Ohio, Georgia, Kentucky, Mississippi, and Missouri have passed “heartbeat” bills that, in effect, ban abortion later than six weeks of pregnancy, and any of these laws, or similar ones, could prove the catalyst—I wonder if women who have never needed to undergo the procedure, and perhaps believe that they never will, realize the many ways that the legal right to abortion has undergirded their lives.

Legal abortion means that the law recognizes a woman as a person. It says that she belongs to herself. Most obviously, it means that a woman has a safe recourse if she becomes pregnant as a result of being raped. (Believe it or not, in some states, the law allows a rapist to sue for custody or visitation rights.) It means that doctors no longer need to deny treatment to pregnant women with certain serious conditions—cancer, heart disease, kidney disease—until after they’ve given birth, by which time their health may have deteriorated irretrievably. And it means that non-Catholic hospitals can treat a woman promptly if she is having a miscarriage. (If she goes to a Catholic hospital, she may have to wait until the embryo or fetus dies. In one hospital, in Ireland, such a delay led to the death of a woman named Savita Halappanavar, who contracted septicemia. Her case spurred a movement to repeal that country’s constitutional amendment banning abortion.)

The legalization of abortion, though, has had broader and more subtle effects than limiting damage in these grave but relatively uncommon scenarios. The revolutionary advances made in the social status of American women during the nineteen-seventies are generally attributed to the availability of oral contraception, which came on the market in 1960. But, according to a 2017 study by the economist Caitlin Knowles Myers, “The Power of Abortion Policy: Re-Examining the Effects of Young Women’s Access to Reproductive Control,” published in the Journal of Political Economy , the effects of the Pill were offset by the fact that more teens and women were having sex, and so birth-control failure affected more people. Complicating the conventional wisdom that oral contraception made sex risk-free for all, the Pill was also not easy for many women to get. Restrictive laws in some states barred it for unmarried women and for women under the age of twenty-one. The Roe decision, in 1973, afforded thousands upon thousands of teen-agers a chance to avoid early marriage and motherhood. Myers writes, “Policies governing access to the pill had little if any effect on the average probabilities of marrying and giving birth at a young age. In contrast, policy environments in which abortion was legal and readily accessible by young women are estimated to have caused a 34 percent reduction in first births, a 19 percent reduction in first marriages, and a 63 percent reduction in ‘shotgun marriages’ prior to age 19.”

Access to legal abortion, whether as a backup to birth control or not, meant that women, like men, could have a sexual life without risking their future. A woman could plan her life without having to consider that it could be derailed by a single sperm. She could dream bigger dreams. Under the old rules, inculcated from girlhood, if a woman got pregnant at a young age, she married her boyfriend; and, expecting early marriage and kids, she wouldn’t have invested too heavily in her education in any case, and she would have chosen work that she could drop in and out of as family demands required.

In 1970, the average age of first-time American mothers was younger than twenty-two. Today, more women postpone marriage until they are ready for it. (Early marriages are notoriously unstable, so, if you’re glad that the divorce rate is down, you can, in part, thank Roe.) Women can also postpone childbearing until they are prepared for it, which takes some serious doing in a country that lacks paid parental leave and affordable childcare, and where discrimination against pregnant women and mothers is still widespread. For all the hand-wringing about lower birth rates, most women— eighty-six per cent of them —still become mothers. They just do it later, and have fewer children.

Most women don’t enter fields that require years of graduate-school education, but all women have benefitted from having larger numbers of women in those fields. It was female lawyers, for example, who brought cases that opened up good blue-collar jobs to women. Without more women obtaining law degrees, would men still be shaping all our legislation? Without the large numbers of women who have entered the medical professions, would psychiatrists still be telling women that they suffered from penis envy and were masochistic by nature? Would women still routinely undergo unnecessary hysterectomies? Without increased numbers of women in academia, and without the new field of women’s studies, would children still be taught, as I was, that, a hundred years ago this month, Woodrow Wilson “gave” women the vote? There has been a revolution in every field, and the women in those fields have led it.

It is frequently pointed out that the states passing abortion restrictions and bans are states where women’s status remains particularly low. Take Alabama. According to one study , by almost every index—pay, workforce participation, percentage of single mothers living in poverty, mortality due to conditions such as heart disease and stroke—the state scores among the worst for women. Children don’t fare much better: according to U.S. News rankings , Alabama is the worst state for education. It also has one of the nation’s highest rates of infant mortality (only half the counties have even one ob-gyn), and it has refused to expand Medicaid, either through the Affordable Care Act or on its own. Only four women sit in Alabama’s thirty-five-member State Senate, and none of them voted for the ban. Maybe that’s why an amendment to the bill proposed by State Senator Linda Coleman-Madison was voted down. It would have provided prenatal care and medical care for a woman and child in cases where the new law prevents the woman from obtaining an abortion. Interestingly, the law allows in-vitro fertilization, a procedure that often results in the discarding of fertilized eggs. As Clyde Chambliss, the bill’s chief sponsor in the state senate, put it, “The egg in the lab doesn’t apply. It’s not in a woman. She’s not pregnant.” In other words, life only begins at conception if there’s a woman’s body to control.

Indifference to women and children isn’t an oversight. This is why calls for better sex education and wider access to birth control are non-starters, even though they have helped lower the rate of unwanted pregnancies, which is the cause of abortion. The point isn’t to prevent unwanted pregnancy. (States with strong anti-abortion laws have some of the highest rates of teen pregnancy in the country; Alabama is among them.) The point is to roll back modernity for women.

So, if women who have never had an abortion, and don’t expect to, think that the new restrictions and bans won’t affect them, they are wrong. The new laws will fall most heavily on poor women, disproportionately on women of color, who have the highest abortion rates and will be hard-pressed to travel to distant clinics.

But without legal, accessible abortion, the assumptions that have shaped all women’s lives in the past few decades—including that they, not a torn condom or a missed pill or a rapist, will decide what happens to their bodies and their futures—will change. Women and their daughters will have a harder time, and there will be plenty of people who will say that they were foolish to think that it could be otherwise.

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The Messiness of Reproduction and the Dishonesty of Anti-Abortion Propaganda

By Jia Tolentino

A Supreme Court Reporter Defines the Threat to Abortion Rights

By Isaac Chotiner

By Eyal Press

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Introduction

Access to safe abortion has been labelled as a fundamental human right by the International Women's Health Coalition, who stated that:

A woman should have the choice to carry a pregnancy to term or not;

Abortion services should be part of a comprehensive sexual health programme;

Lack of funding and illegality do not reduce the number of abortions, they only serve to put the woman's health in danger. 1

In the USA, certain states have introduced laws requiring women to listen to fetal heart beat monitors or to undergo a transvaginal ultrasound scan before being permitted to proceed with an abortion, with the thinly-veiled intent to discourage them.

Recently in the UK, MP Nadine Dorries proposed an amendment to abortion legislation that would have prevented abortion providers, such as Marie Stopes International and the British Pregnancy Advisory Service, from offering pre-abortion counselling to women on the basis that their advice was ‘not independent’. They would instead be directed to ‘Crisis Pregnancy Centres’ for supposedly independent counselling. However, many of these centres are run and funded by religious groups with prominent anti-abortion agendas. 2

The amendment was withdrawn due both to lack of support and to a national campaign against it. But the motives behind the amendment, and the more extreme pieces of legislation being passed in the USA, call for the arguments of legality, morality and access to be re-evaluated.

Traditional arguments

Against abortion.

A common argument against abortion is that it is equivalent to murder – specifically infanticide – and in this way it is immoral and unjustifiable.

One of the best known philosophical arguments to this effect is that of Don Marquis, who claimed that murder is illegal because it deprives the murdered person of their potential future. Consequently, abortion is murder as it deprives the fetus of its potential future, and therefore abortion is morally wrong and should not be allowed from the moment of conception. 3 However, this does not take into consideration that the zygote formed at conception is a very different entity from that which will ultimately be born and go on to experience a future. 4

Therefore, it could be reasoned that Marquis's argument rather endorses a policy of abortion up to the point of viability, as once a fetus has reached this stage it will be highly similar to a newborn child that can go on to experience a future.

For abortion

There are two main arguments in favour of abortion. First, that of Mary Anne Warren, who argued that it is a person , rather than simply a human being, that is entitled to rights, including the right to life. Abortion could therefore be deemed acceptable, as while a fetus is undeniably a human being, it is not a person. Warren goes further by suggesting that intelligent extraterrestrial beings could be regarded as persons and therefore deserving of rights, rather than rights being reserved only for humans, and goes on to list several criteria of personhood, including consciousness, reasoning, activity, communication and self-awareness. 5 This argument is often objected to as it does not take into account that people who are temporarily comatose cannot fulfil her criteria of personhood and therefore could be killed with impunity as a result of her argument. Similarly, infants up to the age of 1 or 2 years can be incapable of fulfilling these criteria and so her argument could be used to justify infanticide. However, Warren has responded that from the point of birth a child does not need to biologically rely on its mother any longer as it can be cared for by anyone; thus if the mother did not want the child, killing it would not be her only option. 5

The second argument is that of Judith Jarvis Thomson in ‘A Defence of Abortion’. Her essay generates several ‘thought experiments’, the most discussed being that of ‘The Violinist’. The world's top violinist falls ill and the Society of Music Lovers kidnaps you and hooks him up to you to make use of your kidneys for the next 9 months until he recovers. If you are parted any sooner, he will die. The essay then goes on to consider several assumptions and reasons that would make it permissible or impermissible to detach the violinist and leave him to die before the 9 months are over. 6

The central principle of the argument is that even though the violinist has a right to life, that right does not supersede your right to choose whether or not to remain connected to the violinist for 9 months. Thomson considers the stance that in this instance you have been kidnapped by the Society for Music Lovers and have not chosen to participate, equating the whole thought experiment to pregnancy as a result of rape, and she accepts that this does not necessarily hold for a pregnancy resulting from consensual heterosexual intercourse. However, this argument relies on the assumption that pregnancy is a foreseeable consequence of heterosexual intercourse.

First, if a heterosexual couple engaging in sexual activity make use of one or more methods of contraception it can be said that while pregnancy is a foreseeable consequence, it is an unlikely one and the woman in this scenario does not morally or philosophically have a responsibility to give life to something that she took so much effort to avoid.

Second, a person may not necessarily associate the act of sexual intercourse with pregnancy; that is to say, when a person meets a member of the opposite sex to whom they are attracted, it is unlikely that their intention is to ‘have a baby’ with them, whereas they may intend to have sexual relations with them. This highlights a psychological separation between sex and ‘making babies’ that may lead to sexual behaviour that makes pregnancy more likely (not using contraception), as pregnancy is no longer a ‘foreseeable’ outcome. This is especially true for young people who are reaching sexual maturity, yet have not reached emotional maturity.

Related to this is the concept of ‘normalised deviance’, where an incorrect or unsafe action is carried out, but no negative consequence results, and so the incorrect or unsafe action becomes viewed as being correct and safe. This can be applied to having unprotected sex, but not getting pregnant. It can also apply to smoking a cigarette but not getting lung cancer. However, the greater the number of times the ‘deviant’ act is committed – be it unprotected sex or smoking cigarettes – the greater the likelihood that a negative consequence will result.

We do not condemn to death those who have contracted lung cancer due to smoking; rather, we offer them help and treatment. Similarly, it can be reasoned that a woman would be within her rights to terminate a pregnancy on the basis of not considering the outcomes of unprotected sexual intercourse, in other words, making a mistake.

A new argument

Access to safe abortion is not only a human right; it is a measure of a society's development with regard to women.

Western society has a strong patriarchal basis, which has at least in part emanated from the influence of Christianity: the Bible and the teachings of the Church historically emphasise a woman's role as being the property of a man and to be subordinate to him. Gender equality only began to take steps forward in the UK as recently as 100 years ago and our society still retains many patriarchal features and influences, as can be seen in another bill proposed by Nadine Dorries, who wished to make abstinence education compulsory in the UK, but only for young girls. 7

The ideology behind singling out young women as being responsible for saying no to sex is born out of the patriarchal notion of hegemonic masculinity: 8 that it is a male's prerogative to be sexually driven and experienced and that it is natural for him to ‘sow his wild oats’, whereas a female should be modest and restrained lest she become pregnant, a condition that would have an irreversible effect on her life. Herein lies the importance of contraception and abortion.

First, contraception theoretically liberates women from the fear of falling pregnant, so allowing a different sexual culture to develop in which women are able to explore their sexuality, experiment and have multiple sexual partners in a way that had previously been the preserve of men. Second, and more importantly, abortion allows women to reverse what used to be an irreversible event in their lives. This comes into a greater degree of conflict with patriarchy and hegemonic masculinity than contraception does and is thus a more controversial issue.

Contraception can be viewed in a positive light by patriarchy and hegemonic masculinity as it can be seen to encourage women to engage in sex as they will not need to worry about the consequence, namely pregnancy. Abortion, however, is less acceptable as it is the act of removing and rejecting the sperm of a male. This goes against hegemonic masculinity and patriarchy, which emphasise the importance of virility and fertility of men. As such, a patriarchal society will be more inclined to oppose access to abortion as it is seen, by extension, to be an act of emasculation.

It is for this reason that access to abortion is such an important measure of progress. A society that permits abortion recognises that women are more important than the ‘seed’ of a male that they may be carrying.

As politicians and lobbying groups of varying backgrounds seek to restrain the rights of women in terms of access to abortion it must be remembered that: abortion is justifiable morally and philosophically; that abortion is a way for an individual woman to correct a mistake that she and her partner have made and avoid an otherwise unavoidable future; and that for women and society as a whole it is part of our further social evolution towards equality.

↵ International Women's Health Coalition . Access to Safe Abortion is a Human Right . 2008. http://www.iwhc.org/storage/iwhc/docUploads/Safe%20Abortion_FINAL.pdf?documentID=420 [accessed 21 March 2012].
Strattton A
Drennan J ,
Howlett E ,

Funding None.

Competing interests None.

Provenance and peer review Not commissioned; externally peer reviewed.

Linked Articles

Highlights from this issue In this issue British Medical Journal Publishing Group BMJ Sexual & Reproductive Health 2013; 39 1-1 Published Online First: 07 Jan 2013. doi: 10.1136/jfprhc-2012-100558

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Pro-Choice Does Not Mean Pro-Abortion: An Argument for Abortion Rights Featuring the Rev. Carlton Veazey

Since the Supreme Court’s historic 1973 decision in Roe v. Wade , the issue of a woman’s right to an abortion has fostered one of the most contentious moral and political debates in America. Opponents of abortion rights argue that life begins at conception – making abortion tantamount to homicide. Abortion rights advocates, in contrast, maintain that women have a right to decide what happens to their bodies – sometimes without any restrictions.

To explore the case for abortion rights, the Pew Forum turns to the Rev. Carlton W. Veazey, who for more than a decade has been president of the Religious Coalition for Reproductive Choice. Based in Washington, D.C., the coalition advocates for reproductive choice and religious freedom on behalf of about 40 religious groups and organizations. Prior to joining the coalition, Veazey spent 33 years as a pastor at Zion Baptist Church in Washington, D.C.

A counterargument explaining the case against abortion rights is made by the Rev. J. Daniel Mindling, professor of moral theology at Mount St. Mary’s Seminary.

Featuring: The Rev. Carlton W. Veazey, President, Religious Coalition for Reproductive Choice

Interviewer: David Masci, Senior Research Fellow, Pew Forum on Religion & Public Life

Question & Answer

Can you explain how your Christian faith informs your views in support of abortion rights?

I grew up in a Christian home. My father was a Baptist minister for many years in Memphis, Tenn. One of the things that he instilled in me – I used to hear it so much – was free will, free will, free will. It was ingrained in me that you have the ability to make choices. You have the ability to decide what you want to do. You are responsible for your decisions, but God has given you that responsibility, that option to make decisions.

I had firsthand experience of seeing black women and poor women being disproportionately impacted by the fact that they had no choices about an unintended pregnancy, even if it would damage their health or cause great hardship in their family. And I remember some of them being maimed in back-alley abortions; some of them died. There was no legal choice before Roe v. Wade .

But in this day and time, we have a clearer understanding that men and women are moral agents and equipped to make decisions about even the most difficult and complex matters. We must ensure a woman can determine when and whether to have children according to her own conscience and religious beliefs and without governmental interference or coercion. We must also ensure that women have the resources to have a healthy, safe pregnancy, if that is their decision, and that women and families have the resources to raise a child with security.

The right to choose has changed and expanded over the years since Roe v. Wade . We now speak of reproductive justice – and that includes comprehensive sex education, family planning and contraception, adequate medical care, a safe environment, the ability to continue a pregnancy and the resources that make that choice possible. That is my moral framework.

You talk about free will, and as a Christian you believe in free will. But you also said that God gave us free will and gave us the opportunity to make right and wrong choices. Why do you believe that abortion can, at least in some instances, be the right choice?

Dan Maguire, a former Jesuit priest and professor of moral theology and ethics at Marquette University, says that to have a child can be a sacred choice, but to not have a child can also be a sacred choice.

And these choices revolve around circumstances and issues – like whether a person is old enough to care for a child or whether a woman already has more children than she can care for. Also, remember that medical circumstances are the reason many women have an abortion – for example, if they are having chemotherapy for cancer or have a life-threatening chronic illness – and most later-term abortions occur because of fetal abnormalities that will result in stillbirth or the death of the child. These are difficult decisions; they’re moral decisions, sometimes requiring a woman to decide if she will risk her life for a pregnancy.

Abortion is a very serious decision and each decision depends on circumstances. That’s why I tell people: I am not pro-abortion, I am pro-choice. And that’s an important distinction.

You’ve talked about the right of a woman to make a choice. Does the fetus have any rights?

First, let me say that the religious, pro-choice position is based on respect for human life, including potential life and existing life.

But I do not believe that life as we know it starts at conception. I am troubled by the implications of a fetus having legal rights because that could pit the fetus against the woman carrying the fetus; for example, if the woman needed a medical procedure, the law could require the fetus to be considered separately and equally.

From a religious perspective, it’s more important to consider the moral issues involved in making a decision about abortion. Also, it’s important to remember that religious traditions have very different ideas about the status of the fetus. Roman Catholic doctrine regards a fertilized egg as a human being. Judaism holds that life begins with the first breath.

What about at the very end of a woman’s pregnancy? Does a fetus acquire rights after the point of viability, when it can survive outside the womb? Or let me ask it another way: Assuming a woman is healthy and her fetus is healthy, should the woman be able to terminate her pregnancy until the end of her pregnancy?

There’s an assumption that a woman would end a viable pregnancy carelessly or without a reason. The facts don’t bear this out. Most abortions are performed in the first 12 weeks of pregnancy. Late abortions are virtually always performed for the most serious medical and health reasons, including saving the woman’s life.

But what if such a case came before you? If you were that woman’s pastor, what would you say?

I would talk to her in a helpful, positive, respectful way and help her discuss what was troubling her. I would suggest alternatives such as adoption.

Let me shift gears a little bit. Many Americans have said they favor a compromise, or reaching a middle-ground policy, on abortion. Do you sympathize with this desire and do you think that both sides should compromise to end this rancorous debate?

I have been to more middle-ground and common-ground meetings than I can remember and I’ve never been to one where we walked out with any decision.

That being said, I think that we all should agree that abortion should be rare. How do we do that? We do that by providing comprehensive sex education in schools and in religious congregations and by ensuring that there is accurate information about contraception and that contraception is available. Unfortunately, the U.S. Congress has not been willing to pass a bill to fund comprehensive sex education, but they are willing to put a lot of money into failed and harmful abstinence-only programs that often rely on scare tactics and inaccurate information.

Former Surgeon General David Satcher has shown that abstinence-only programs do not work and that we should provide young people with the information to protect themselves. Education that stresses abstinence and provides accurate information about contraception will reduce the abortion rate. That is the ground that I stand on. I would say that here is a way we can work together to reduce the need for abortions.

Abortion has become central to what many people call the “culture wars.” Some consider it to be the most contentious moral issue in America today. Why do many Catholics, evangelical Christians and other people of faith disagree with you?

I was raised to respect differing views so the rigid views against abortion are hard for me to understand. I will often tell someone on the other side, “I respect you. I may disagree with your theological perspective, but I respect your views. But I think it’s totally arrogant for you to tell me that I need to believe what you believe.” It’s not that I think we should not try to win each other over. But we have to respect people’s different religious beliefs.

But what about people who believe that life begins at conception and that terminating a pregnancy is murder? For them, it may not just be about respecting or tolerating each other’s viewpoints; they believe this is an issue of life or death. What do you say to people who make that kind of argument?

I would say that they have a right to their beliefs, as do I. I would try to explain that my views are grounded in my religion, as are theirs. I believe that we must ensure that women are treated with dignity and respect and that women are able to follow the dictates of their conscience – and that includes their reproductive decisions. Ultimately, it is the government’s responsibility to ensure that women have the ability to make decisions of conscience and have access to reproductive health services.

Some in the anti-abortion camp contend that the existence of legalized abortion is a sign of the self-centeredness and selfishness of our age. Is there any validity to this view?

Although abortion is a very difficult decision, it can be the most responsible decision a person can make when faced with an unintended pregnancy or a pregnancy that will have serious health consequences.

Depending on the circumstances, it might be selfish to bring a child into the world. You know, a lot of people say, “You must bring this child into the world.” They are 100 percent supportive while the child is in the womb. As soon as the child is born, they abort the child in other ways. They abort a child through lack of health care, lack of education, lack of housing, and through poverty, which can drive a child into drugs or the criminal justice system.

So is it selfish to bring children into the world and not care for them? I think the other side can be very selfish by neglecting the children we have already. For all practical purposes, children whom we are neglecting are being aborted.

This transcript has been edited for clarity, spelling and grammar.

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ABOUT PEW RESEARCH CENTER Pew Research Center is a nonpartisan fact tank that informs the public about the issues, attitudes and trends shaping the world. It conducts public opinion polling, demographic research, media content analysis and other empirical social science research. Pew Research Center does not take policy positions. It is a subsidiary of The Pew Charitable Trusts .

There’s a Better Way to Debate Abortion

Caution and epistemic humility can guide our approach.

Opponents and proponents of abortion arguing outside the Supreme Court

If Justice Samuel Alito’s draft majority opinion in Dobbs v. Jackson Women’s Health Organization becomes law, we will enter a post– Roe v. Wade world in which the laws governing abortion will be legislatively decided in 50 states.

In the short term, at least, the abortion debate will become even more inflamed than it has been. Overturning Roe , after all, would be a profound change not just in the law but in many people’s lives, shattering the assumption of millions of Americans that they have a constitutional right to an abortion.

This doesn’t mean Roe was correct. For the reasons Alito lays out, I believe that Roe was a terribly misguided decision, and that a wiser course would have been for the issue of abortion to have been given a democratic outlet, allowing even the losers “the satisfaction of a fair hearing and an honest fight,” in the words of the late Justice Antonin Scalia. Instead, for nearly half a century, Roe has been the law of the land. But even those who would welcome its undoing should acknowledge that its reversal could convulse the nation.

From the December 2019 issue: The dishonesty of the abortion debate

If we are going to debate abortion in every state, given how fractured and angry America is today, we need caution and epistemic humility to guide our approach.

We can start by acknowledging the inescapable ambiguities in this staggeringly complicated moral question. No matter one’s position on abortion, each of us should recognize that those who hold views different from our own have some valid points, and that the positions we embrace raise complicated issues. That realization alone should lead us to engage in this debate with a little more tolerance and a bit less certitude.

Many of those on the pro-life side exhibit a gap between the rhetoric they employ and the conclusions they actually seem to draw. In the 1990s, I had an exchange, via fax, with a pro-life thinker. During our dialogue, I pressed him on what he believed, morally speaking , should be the legal penalty for a woman who has an abortion and a doctor who performs one.

My point was a simple one: If he believed, as he claimed, that an abortion even moments after conception is the killing of an innocent child—that the fetus, from the instant of conception, is a human being deserving of all the moral and political rights granted to your neighbor next door—then the act ought to be treated, if not as murder, at least as manslaughter. Surely, given what my interlocutor considered to be the gravity of the offense, fining the doctor and taking no action against the mother would be morally incongruent. He was understandably uncomfortable with this line of questioning, unwilling to go to the places his premises led. When it comes to abortion, few people are.

Humane pro-life advocates respond that while an abortion is the taking of a human life, the woman having the abortion has been misled by our degraded culture into denying the humanity of the child. She is a victim of misinformation; she can’t be held accountable for what she doesn’t know. I’m not unsympathetic to this argument, but I think it ultimately falls short. In other contexts, insisting that people who committed atrocities because they truly believed the people against whom they were committing atrocities were less than human should be let off the hook doesn’t carry the day. I’m struggling to understand why it would in this context.

There are other complicating matters. For example, about half of all fertilized eggs are aborted spontaneously —that is, result in miscarriage—usually before the woman knows she is pregnant. Focus on the Family, an influential Christian ministry, is emphatic : “Human life begins at fertilization.” Does this mean that when a fertilized egg is spontaneously aborted, it is comparable—biologically, morally, ethically, or in any other way—to when a 2-year-old child dies? If not, why not? There’s also the matter of those who are pro-life and contend that abortion is the killing of an innocent human being but allow for exceptions in the case of rape or incest. That is an understandable impulse but I don’t think it’s a logically sustainable one.

The pro-choice side, for its part, seldom focuses on late-term abortions. Let’s grant that late-term abortions are very rare. But the question remains: Is there any point during gestation when pro-choice advocates would say “slow down” or “stop”—and if so, on what grounds? Or do they believe, in principle, that aborting a child up to the point of delivery is a defensible and justifiable act; that an abortion procedure is, ethically speaking, the same as removing an appendix? If not, are those who are pro-choice willing to say, as do most Americans, that the procedure gets more ethically problematic the further along in a pregnancy?

Read: When a right becomes a privilege

Plenty of people who consider themselves pro-choice have over the years put on their refrigerator door sonograms of the baby they are expecting. That tells us something. So does biology. The human embryo is a human organism, with the genetic makeup of a human being. “The argument, in which thoughtful people differ, is about the moral significance and hence the proper legal status of life in its early stages,” as the columnist George Will put it.

These are not “gotcha questions”; they are ones I have struggled with for as long as I’ve thought through where I stand on abortion, and I’ve tried to remain open to corrections in my thinking. I’m not comfortable with those who are unwilling to grant any concessions to the other side or acknowledge difficulties inherent in their own position. But I’m not comfortable with my own position, either—thinking about abortion taking place on a continuum, and troubled by abortions, particularly later in pregnancy, as the child develops.

The question I can’t answer is where the moral inflection point is, when the fetus starts to have claims of its own, including the right to life. Does it depend on fetal development? If so, what aspect of fetal development? Brain waves? Feeling pain? Dreaming? The development of the spine? Viability outside the womb? Something else? Any line I might draw seems to me entirely arbitrary and capricious.

Because of that, I consider myself pro-life, but with caveats. My inability to identify a clear demarcation point—when a fetus becomes a person—argues for erring on the side of protecting the unborn. But it’s a prudential judgment, hardly a certain one.

At the same time, even if one believes that the moral needle ought to lean in the direction of protecting the unborn from abortion, that doesn’t mean one should be indifferent to the enormous burden on the woman who is carrying the child and seeks an abortion, including women who discover that their unborn child has severe birth defects. Nor does it mean that all of us who are disturbed by abortion believe it is the equivalent of killing a child after birth. In this respect, my view is similar to that of some Jewish authorities , who hold that until delivery, a fetus is considered a part of the mother’s body, although it does possess certain characteristics of a person and has value. But an early-term abortion is not equivalent to killing a young child. (Many of those who hold this position base their views in part on Exodus 21, in which a miscarriage that results from men fighting and pushing a pregnant woman is punished by a fine, but the person responsible for the miscarriage is not tried for murder.)

“There is not the slightest recognition on either side that abortion might be at the limits of our empirical and moral knowledge,” the columnist Charles Krauthammer wrote in 1985. “The problem starts with an awesome mystery: the transformation of two soulless cells into a living human being. That leads to an insoluble empirical question: How and exactly when does that occur? On that, in turn, hangs the moral issue: What are the claims of the entity undergoing that transformation?”

That strikes me as right; with abortion, we’re dealing with an awesome mystery and insoluble empirical questions. Which means that rather than hurling invective at one another and caricaturing those with whom we disagree, we should try to understand their views, acknowledge our limitations, and even show a touch of grace and empathy. In this nation, riven and pulsating with hate, that’s not the direction the debate is most likely to take. But that doesn’t excuse us from trying.

Persuasive Essay Guide

Persuasive Essay About Abortion

Crafting a Convincing Persuasive Essay About Abortion

How To Write a Persuasive Essay About Abortion?

Abortion is a controversial topic, with people having differing points of view and opinions on the matter. There are those who oppose abortion, while some people endorse pro-choice arguments.

It is also an emotionally charged subject, so you need to be extra careful when crafting your persuasive essay .

Before you start writing your persuasive essay, you need to understand the following steps.

Step 1: Choose Your Position

The first step to writing a persuasive essay on abortion is to decide your position. Do you support the practice or are you against it? You need to make sure that you have a clear opinion before you begin writing.

Once you have decided, research and find evidence that supports your position. This will help strengthen your argument.

Check out the video below to get more insights into this topic:

Step 2: Choose Your Audience

The next step is to decide who your audience will be. Will you write for pro-life or pro-choice individuals? Or both?

Knowing who you are writing for will guide your writing and help you include the most relevant facts and information.

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Step 3: Define Your Argument

Now that you have chosen your position and audience, it is time to craft your argument.

Start by defining what you believe and why, making sure to use evidence to support your claims. You also need to consider the opposing arguments and come up with counter arguments. This helps make your essay more balanced and convincing.

Step 4: Format Your Essay

Once you have the argument ready, it is time to craft your persuasive essay. Follow a standard format for the essay, with an introduction, body paragraphs, and conclusion.

Make sure that each paragraph is organized and flows smoothly. Use clear and concise language, getting straight to the point.

Step 5: Proofread and Edit

The last step in writing your persuasive essay is to make sure that you proofread and edit it carefully. Look for spelling, grammar, punctuation, or factual errors and correct them. This will help make your essay more professional and convincing.

These are the steps you need to follow when writing a persuasive essay on abortion. It is a good idea to read some examples before you start so you can know how they should be written.

Continue reading to find helpful examples.

Persuasive Essay About Abortion Examples

To help you get started, here are some example persuasive essays on abortion that may be useful for your own paper.

Short Persuasive Essay About Abortion

Persuasive Essay About No To Abortion

What Is Abortion? - Essay Example

Persuasive Speech on Abortion

Legal Abortion Persuasive Essay

Persuasive Essay About Abortion in the Philippines

Persuasive Essay about legalizing abortion

You can also read m ore persuasive essay examples to imp rove your persuasive skills.

Examples of Argumentative Essay About Abortion

An argumentative essay is a type of essay that presents both sides of an argument. These essays rely heavily on logic and evidence.

Here are some examples of argumentative essay with introduction, body and conclusion that you can use as a reference in writing your own argumentative essay.

Abortion Persuasive Essay Introduction

Argumentative Essay About Abortion Conclusion

Argumentative Essay About Abortion Pdf

Argumentative Essay About Abortion in the Philippines

Argumentative Essay About Abortion - Introduction

Abortion Persuasive Essay Topics

If you are looking for some topics to write your persuasive essay on abortion, here are some examples:

Should abortion be legal in the United States?
Is it ethical to perform abortions, considering its pros and cons?
What should be done to reduce the number of unwanted pregnancies that lead to abortions?
Is there a connection between abortion and psychological trauma?
What are the ethical implications of abortion on demand?
How has the debate over abortion changed over time?
Should there be legal restrictions on late-term abortions?
Does gender play a role in how people view abortion rights?
Is it possible to reduce poverty and unwanted pregnancies through better sex education?
How is the anti-abortion point of view affected by religious beliefs and values?

These are just some of the potential topics that you can use for your persuasive essay on abortion. Think carefully about the topic you want to write about and make sure it is something that interests you.

Check out m ore persuasive essay topics that will help you explore other things that you can write about!

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Facts About Abortion You Need to Know

Here are some facts about abortion that will help you formulate better arguments.

According to the Guttmacher Institute , 1 in 4 pregnancies end in abortion.
The majority of abortions are performed in the first trimester.
Abortion is one of the safest medical procedures, with less than a 0.5% risk of major complications.
In the United States, 14 states have laws that restrict or ban most forms of abortion after 20 weeks gestation.
Seven out of 198 nations allow elective abortions after 20 weeks of pregnancy.
In places where abortion is illegal, more women die during childbirth and due to complications resulting from pregnancy.
A majority of pregnant women who opt for abortions do so for financial and social reasons.
According to estimates, 56 million abortions occur annually.

In conclusion, these are some of the examples, steps, and topics that you can use to write a persuasive essay. Make sure to do your research thoroughly and back up your arguments with evidence. This will make your essay more professional and convincing.

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MyPerfectWords.com that provides help to students in the form of professionally written essays. Our persuasive essay writer can craft quality persuasive essays on any topic, including abortion.

So, just ask our experts ' do my essay ' and get professional help.

Frequently Asked Questions

What should i talk about in an essay about abortion.

When writing an essay about abortion, it is important to cover all the aspects of the subject. This includes discussing both sides of the argument, providing facts and evidence to support your claims, and exploring potential solutions.

What is a good argument for abortion?

A good argument for abortion could be that it is a woman’s choice to choose whether or not to have an abortion. It is also important to consider the potential risks of carrying a pregnancy to term.

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Abortion Argumentative Essay: Definitive Guide

Academic writing

Abortion remains a debatable issue even today, especially in countries like the USA, where a controversial ban was upheld in 13 states at the point this article was written. That’s why an essay on abortion has become one of the most popular tasks in schools, colleges, and universities. When writing this kind of essay, students learn to express their opinion, find and draw arguments and examples, and conduct research.

It’s very easy to speculate on topics like this. However, this makes it harder to find credible and peer-reviewed information on the topic that isn’t merely someone’s opinion. If you were assigned this kind of academic task, do not lose heart. In this article, we will provide you with all the tips and tricks for writing about abortion.

Where to begin?

Conversations about abortion are always emotional. Complex stories, difficult decisions, bitter moments, and terrible diagnoses make this topic hard to cover. Some young people may be shocked by this assignment, while others would be happy to express their opinion on the matter.

One way or another, this topic doesn't leave anyone indifferent. However, it shouldn’t have an effect on the way you approach the research and writing process. What should you remember when working on an argumentative essay about abortion?

Don’t let your emotions take over. As this is an academic paper, you have to stay impartial and operate with facts. The topic is indeed sore and burning, causing thousands of scandals on the Internet, but you are writing it for school, not a Quora thread.
Try to balance your opinions. There are always two sides to one story, even if the story is so fragile. You need to present an issue from different angles. This is what your tutors seek to teach you.
Be tolerant and mind your language. It is very important not to hurt anybody with the choice of words in your essay. So make sure you avoid any possible rough words. It is important to respect people with polar opinions, especially when it comes to academic writing.
Use facts, not claims. Your essay cannot be based solely on your personal ideas – your conclusions should be derived from facts. Roe v. Wade case, WHO or Mayo Clinic information, and CDC are some of the sources you can rely on.

Speaking of Outline

An argumentative essay on abortion outline is a must-have even for experienced writers. In general, each essay, irrespective of its kind or topic, has a strict outline. It may be brief or extended, but the major parts are always the same:

Introduction. This is a relatively short paragraph that starts with a hook and presents the background information on the topic. It should end with a thesis statement telling your reader what your main goal or idea is.
Body. This section usually consists of 2-4 paragraphs. Each one has its own structure: main argument + facts to support it + small conclusion and transition into the next paragraph.
Conclusion. In this part, your task is to summarize all your thoughts and come to a general conclusive idea. You may have to restate some info from the body and your thesis statement and add a couple of conclusive statements without introducing new facts.

Why is it important to create an outline?

You will structure your ideas. We bet you’ve got lots on your mind. Writing them down and seeing how one can flow logically into the other will help you create a consistent paper. Naturally, you will have to abandon some of the ideas if they don’t fit the overall narrative you’re building.
You can get some inspiration. While creating your outline, which usually consists of some brief ideas, you can come up with many more to research. Some will add to your current ones or replace them with better options.
You will find the most suitable sources. Argumentative essay writing requires you to use solid facts and trustworthy arguments built on them. When the topic is as controversial as abortion, these arguments should be taken from up-to-date, reliable sources. With an outline, you will see if you have enough to back up your ideas.
You will write your text as professionals do. Most expert writers start with outlines to write the text faster and make it generally better. As you will have your ideas structured, the general flow of thoughts will be clear. And, of course, it will influence your overall grade positively.

Abortion Essay Introduction

The introduction is perhaps the most important part of the whole essay. In this relatively small part, you will have to present the issue under consideration and state your opinion on it. Here is a typical introduction outline:

The first sentence is a hook grabbing readers' attention.
A few sentences that go after elaborate on the hook. They give your readers some background and explain your research.
The last sentence is a thesis statement showing the key idea you are building your text around.

Before writing an abortion essay intro, first thing first, you will need to define your position. If you are in favor of this procedure, what exactly made you think so? If you are an opponent of abortion, determine how to argue your position. In both cases, you may research the point of view in medicine, history, ethics, and other fields.

When writing an introduction, remember:

Never repeat your title. First of all, it looks too obvious; secondly, it may be boring for your reader right from the start. Your first sentence should be a well-crafted hook. The topic of abortion worries many people, so it’s your chance to catch your audience’s attention with some facts or shocking figures.
Do not make it too long. Your task here is to engage your audience and let them know what they are about to learn. The rest of the information will be disclosed in the main part. Nobody likes long introductions, so keep it short but informative.
Pay due attention to the thesis statement. This is the central sentence of your introduction. A thesis statement in your abortion intro paragraph should show that you have a well-supported position and are ready to argue it. Therefore, it has to be strong and convey your idea as clearly as possible. We advise you to make several options for the thesis statement and choose the strongest one.

Hooks for an Abortion Essay

Writing a hook is a good way to catch the attention of your audience, as this is usually the first sentence in an essay. How to start an essay about abortion? You can begin with some shocking fact, question, statistics, or even a quote. However, always make sure that this piece is taken from a trusted resource.

Here are some examples of hooks you can use in your paper:

As of July 1, 2022, 13 states banned abortion, depriving millions of women of control of their bodies.
According to WHO, 125,000 abortions take place every day worldwide.
Is abortion a woman’s right or a crime?
Since 1994, more than 40 countries have liberalized their abortion laws.
Around 48% of all abortions are unsafe, and 8% of them lead to women’s death.
The right to an abortion is one of the reproductive and basic rights of a woman.
Abortion is as old as the world itself – women have resorted to this method since ancient times.
Only 60% of women in the world live in countries where pregnancy termination is allowed.

Body Paragraphs: Pros and Cons of Abortion

The body is the biggest part of your paper. Here, you have a chance to make your voice concerning the abortion issue heard. Not sure where to start? Facts about abortion pros and cons should give you a basic understanding of which direction to move in.

First things first, let’s review some brief tips for you on how to write the best essay body if you have already made up your mind.

Make a draft

It’s always a good idea to have a rough draft of your writing. Follow the outline and don’t bother with the word choice, grammar, or sentence structure much at first. You can polish it all later, as the initial draft will not likely be your final. You may see some omissions in your arguments, lack of factual basis, or repetitiveness that can be eliminated in the next versions.

Trust only reliable sources

This part of an essay includes loads of factual information, and you should be very careful with it. Otherwise, your paper may look unprofessional and cost you precious points. Never rely on sources like Wikipedia or tabloids – they lack veracity and preciseness.

Edit rigorously

It’s best to do it the next day after you finish writing so that you can spot even the smallest mistakes. Remember, this is the most important part of your paper, so it has to be flawless. You can also use editing tools like Grammarly.

Determine your weak points

Since you are writing an argumentative essay, your ideas should be backed up by strong facts so that you sound convincing. Sometimes it happens that one argument looks weaker than the other. Your task is to find it and strengthen it with more or better facts.

Add an opposing view

Sometimes, it’s not enough to present only one side of the discussion. Showing one of the common views from the opposing side might actually help you strengthen your main idea. Besides, making an attempt at refuting it with alternative facts can show your teacher or professor that you’ve researched and analyzed all viewpoints, not just the one you stand by.

If you have chosen a side but are struggling to find the arguments for or against it, we have complied abortion pro and cons list for you. You can use both sets if you are writing an abortion summary essay covering all the stances.

Why Should Abortion Be Legal

If you stick to the opinion that abortion is just a medical procedure, which should be a basic health care need for each woman, you will definitely want to write the pros of abortion essay. Here is some important information and a list of pros about abortion for you to use:

Since the fetus is a set of cells – not an individual, it’s up to a pregnant woman to make a decision concerning her body. Only she can decide whether she wants to keep the pregnancy or have an abortion. The abortion ban is a violation of a woman’s right to have control over her own body.
The fact that women and girls do not have access to effective contraception and safe abortion services has serious consequences for their own health and the health of their families.
The criminalization of abortion usually leads to an increase in the number of clandestine abortions. Many years ago, fetuses were disposed of with improvised means, which included knitting needles and half-straightened metal hangers. 13% of women’s deaths are the result of unsafe abortions.
Many women live in a difficult financial situation and cannot support their children financially. Having access to safe abortion takes this burden off their shoulders. This will also not decrease their quality of life as the birth and childcare would.
In countries where abortion is prohibited, there is a phenomenon of abortion tourism to other countries where it can be done without obstacles. Giving access to this procedure can make the lives of women much easier.
Women should not put their lives or health in danger because of the laws that were adopted by other people.
Girls and women who do not have proper sex education may not understand pregnancy as a concept or determine that they are pregnant early on. Instead of educating them and giving them a choice, an abortion ban forces them to become mothers and expects them to be fit parents despite not knowing much about reproduction.
There are women who have genetic disorders or severe mental health issues that will affect their children if they're born. Giving them an option to terminate ensures that there won't be a child with a low quality of life and that the woman will not have to suffer through pregnancy, birth, and raising a child with her condition.
Being pro-choice is about the freedom to make decisions about your body so that women who are for termination can do it safely, and those who are against it can choose not to do it. It is an inclusive option that caters to everyone.
Women and girls who were raped or abused by their partner, caregiver, or stranger and chose to terminate the pregnancy can now be imprisoned for longer than their abusers. This implies that the system values the life of a fetus with no or primitive brain function over the life of a living woman.
People who lived in times when artificial termination of pregnancy was scarcely available remember clandestine abortions and how traumatic they were, not only for the physical but also for the mental health of women. Indeed, traditionally, in many countries, large families were a norm. However, the times have changed, and supervised abortion is a safe and accessible procedure these days. A ban on abortion will simply push humanity away from the achievements of the civilized world.

Types of abortion

There are 2 main types of abortions that can be performed at different pregnancy stages and for different reasons:

Medical abortion. It is performed by taking a specially prescribed pill. It does not require any special manipulations and can even be done at home (however, after a doctor’s visit and under supervision). It is considered very safe and is usually done during the very first weeks of pregnancy.
Surgical abortion. This is a medical operation that is done with the help of a suction tube. It then removes the fetus and any related material. Anesthesia is used for this procedure, and therefore, it can only be done in a hospital. The maximum time allowed for surgical abortion is determined in each country specifically.

Cases when abortion is needed

Center for Reproductive Rights singles out the following situations when abortion is required:

When there is a risk to the life or physical/mental health of a pregnant woman.
When a pregnant woman has social or economic reasons for it.
Upon the woman's request.
If a pregnant woman is mentally or cognitively disabled.
In case of rape and/or incest.
If there were congenital anomalies detected in the fetus.

Countries and their abortion laws

Countries where abortion is legalized in any case: Australia, Albania, Bosnia and Herzegovina, Belgium, Canada, Denmark, Sweden, France, Germany, Greece, Italy, Hungary, the Netherlands, Norway, Ukraine, Moldova, Latvia, Lithuania, etc.
Countries where abortion is completely prohibited: Angola, Venezuela, Egypt, Indonesia, Iraq, Lebanon, Nicaragua, Oman, Paraguay, Palau, Jamaica, Laos, Haiti, Honduras, Andorra, Aruba, El Salvador, Dominican Republic, Sierra Leone, Senegal, etc.
Countries where abortion is allowed for medical reasons: Afghanistan, Israel, Argentina, Nigeria, Bangladesh, Bolivia, Ghana, Israel, Morocco, Mexico, Bahamas, Central African Republic, Ecuador, Ghana, Algeria, Monaco, Pakistan, Poland, etc.
Countries where abortion is allowed for both medical and socioeconomic reasons: England, India, Spain, Luxembourg, Japan, Finland, Taiwan, Zambia, Iceland, Fiji, Cyprus, Barbados, Belize, etc.

Why Abortion Should Be Banned

Essays against abortions are popular in educational institutions since we all know that many people – many minds. So if you don’t want to support this procedure in your essay, here are some facts that may help you to argument why abortion is wrong:

Abortion at an early age is especially dangerous because a young woman with an unstable hormonal system may no longer be able to have children throughout her life. Termination of pregnancy disrupts the hormonal development of the body.
Health complications caused by abortion can occur many years after the procedure. Even if a woman feels fine in the short run, the situation may change in the future.
Abortion clearly has a negative effect on reproductive function. Artificial dilation of the cervix during an abortion leads to weak uterus tonus, which can cause a miscarriage during the next pregnancy.
Evidence shows that surgical termination of pregnancy significantly increases the risk of breast cancer.
In December 1996, the session of the Council of Europe on bioethics concluded that a fetus is considered a human being on the 14th day after conception.

You are free to use each of these arguments for essays against abortions. Remember that each claim should not be supported by emotions but by facts, figures, and so on.

Health complications after abortion

One way or another, abortion is extremely stressful for a woman’s body. Apart from that, it can even lead to various health problems in the future. You can also cover them in your cons of an abortion essay:

Continuation of pregnancy. If the dose of the drug is calculated by the doctor in the wrong way, the pregnancy will progress.
Uterine bleeding, which requires immediate surgical intervention.
Severe nausea or even vomiting occurs as a result of a sharp change in the hormonal background.
Severe stomach pain. Medical abortion causes miscarriage and, as a result, strong contractions of the uterus.
High blood pressure and allergic reactions to medicines.
Depression or other mental problems after a difficult procedure.

Abortion Essay Conclusion

After you have finished working on the previous sections of your paper, you will have to end it with a strong conclusion. The last impression is no less important than the first one. Here is how you can make it perfect in your conclusion paragraph on abortion:

It should be concise. The conclusion cannot be as long as your essay body and should not add anything that cannot be derived from the main section. Reiterate the key ideas, combine some of them, and end the paragraph with something for the readers to think about.
It cannot repeat already stated information. Restate your thesis statement in completely other words and summarize your main points. Do not repeat anything word for word – rephrase and shorten the information instead.
It should include a call to action or a cliffhanger. Writing experts believe that a rhetorical question works really great for an argumentative essay. Another good strategy is to leave your readers with some curious ideas to ponder upon.

Abortion Facts for Essay

Abortion is a topic that concerns most modern women. Thousands of books, research papers, and articles on abortion are written across the world. Even though pregnancy termination has become much safer and less stigmatized with time, it still worries millions. What can you cover in your paper so that it can really stand out among others? You may want to add some shocking abortion statistics and facts:

40-50 million abortions are done in the world every year (approximately 125,000 per day).
According to UN statistics, women have 25 million unsafe abortions each year. Most of them (97%) are performed in the countries of Africa, Asia, and Latin America. 14% of them are especially unsafe because they are done by people without any medical knowledge.
Since 2017, the United States has shown the highest abortion rate in the last 30 years.
The biggest number of abortion procedures happen in the countries where they are officially banned. The lowest rate is demonstrated in the countries with high income and free access to contraception.
Women in low-income regions are three times more susceptible to unplanned pregnancies than those in developed countries.
In Argentina, more than 38,000 women face dreadful health consequences after unsafe abortions.
The highest teen abortion rates in the world are seen in 3 countries: England, Wales, and Sweden.
Only 31% of teenagers decide to terminate their pregnancy. However, the rate of early pregnancies is getting lower each year.
Approximately 13 million children are born to mothers under the age of 20 each year.
5% of women of reproductive age live in countries where abortions are prohibited.

We hope that this abortion information was useful for you, and you can use some of these facts for your own argumentative essay. If you find some additional facts, make sure that they are not manipulative and are taken from official medical resources.

Abortion Essay Topics

Do you feel like you are lost in the abundance of information? Don’t know what topic to choose among the thousands available online? Check our short list of the best abortion argumentative essay topics:

Why should abortion be legalized essay
Abortion: a murder or a basic human right?
Why we should all support abortion rights
Is the abortion ban in the US a good initiative?
The moral aspect of teen abortions
Can the abortion ban solve birth control problems?
Should all countries allow abortion?
What consequences can abortion have in the long run?
Is denying abortion sexist?
Why is abortion a human right?
Are there any ethical implications of abortion?
Do you consider abortion a crime?
Should women face charges for terminating a pregnancy?

Want to come up with your own? Here is how to create good titles for abortion essays:

Write down the first associations. It can be something that swirls around in your head and comes to the surface when you think about the topic. These won’t necessarily be well-written headlines, but each word or phrase can be the first link in the chain of ideas that leads you to the best option.
Irony and puns are not always a good idea. Especially when it comes to such difficult topics as abortion. Therefore, in your efforts to be original, remain sensitive to the issue you want to discuss.
Never make a quote as your headline. First, a wordy quote makes the headline long. Secondly, readers do not understand whose words are given in the headline. Therefore, it may confuse them right from the start. If you have found a great quote, you can use it as your hook, but don’t forget to mention its author.
Try to briefly summarize what is said in the essay. What is the focus of your paper? If the essence of your argumentative essay can be reduced to one sentence, it can be used as a title, paraphrased, or shortened.
Write your title after you have finished your text. Before you just start writing, you might not yet have a catchy phrase in mind to use as a title. Don’t let it keep you from working on your essay – it might come along as you write.

Abortion Essay Example

We know that it is always easier to learn from a good example. For this reason, our writing experts have complied a detailed abortion essay outline for you. For your convenience, we have created two options with different opinions.

Topic: Why should abortion be legal?

Introduction – hook + thesis statement + short background information

Essay hook: More than 59% of women in the world do not have access to safe abortions, which leads to dreading health consequences or even death.

Thesis statement: Since banning abortions does not decrease their rates but only makes them unsafe, it is not logical to ban abortions.

Body – each paragraph should be devoted to one argument

Argument 1: Woman’s body – women’s rules. + example: basic human rights.

Argument 2: Banning abortion will only lead to more women’s death. + example: cases of Polish women.

Argument 3: Only women should decide on abortion. + example: many abortion laws are made by male politicians who lack knowledge and first-hand experience in pregnancies.

Conclusion – restated thesis statement + generalized conclusive statements + cliffhanger

Restated thesis: The abortion ban makes pregnancy terminations unsafe without decreasing the number of abortions, making it dangerous for women.

Cliffhanger: After all, who are we to decide a woman’s fate?

Topic: Why should abortion be banned?

Essay hook: Each year, over 40 million new babies are never born because their mothers decide to have an abortion.

Thesis statement: Abortions on request should be banned because we cannot decide for the baby whether it should live or die.

Argument 1: A fetus is considered a person almost as soon as it is conceived. Killing it should be regarded as murder. + example: Abortion bans in countries such as Poland, Egypt, etc.

Argument 2: Interrupting a baby’s life is morally wrong. + example: The Bible, the session of the Council of Europe on bioethics decision in 1996, etc.

Argument 3: Abortion may put the reproductive health of a woman at risk. + example: negative consequences of abortion.

Restated thesis: Women should not be allowed to have abortions without serious reason because a baby’s life is as priceless as their own.

Cliffhanger: Why is killing an adult considered a crime while killing an unborn baby is not?

Argumentative essay on pros and cons of abortion

Examples of Essays on Abortion

There are many great abortion essays examples on the Web. You can easily find an argumentative essay on abortion in pdf and save it as an example. Many students and scholars upload their pieces to specialized websites so that others can read them and continue the discussion in their own texts.

In a free argumentative essay on abortion, you can look at the structure of the paper, choice of the arguments, depth of research, and so on. Reading scientific papers on abortion or essays of famous activists is also a good idea. Here are the works of famous authors discussing abortion.

A Defense of Abortion by Judith Jarvis Thomson

Published in 1971, this essay by an American philosopher considers the moral permissibility of abortion. It is considered the most debated and famous essay on this topic, and it’s definitely worth reading no matter what your stance is.

Abortion and Infanticide by Michael Tooley

It was written in 1972 by an American philosopher known for his work in the field of metaphysics. In this essay, the author considers whether fetuses and infants have the same rights. Even though this work is quite complex, it presents some really interesting ideas on the matter.

Some Biological Insights into Abortion by Garret Hardin

This article by American ecologist Garret Hardin, who had focused on the issue of overpopulation during his scholarly activities, presents some insights into abortion from a scientific point of view. He also touches on non-biological issues, such as moral and economic. This essay will be of great interest to those who support the pro-choice stance.

H4 Hidden in Plain View: An Overview of Abortion in Rural Illinois and Around the Globe by Heather McIlvaine-Newsad

In this study, McIlvaine-Newsad has researched the phenomenon of abortion since prehistoric times. She also finds an obvious link between the rate of abortions and the specifics of each individual country. Overall, this scientific work published in 2014 is extremely interesting and useful for those who want to base their essay on factual information.

H4 Reproduction, Politics, and John Irving’s The Cider House Rules: Women’s Rights or “Fetal Rights”? by Helena Wahlström

In her article of 2013, Wahlström considers John Irving’s novel The Cider House Rules published in 1985 and is regarded as a revolutionary work for that time, as it acknowledges abortion mostly as a political problem. This article will be a great option for those who want to investigate the roots of the abortion debate.

FAQs On Abortion Argumentative Essay

Is abortion immoral?

This question is impossible to answer correctly because each person independently determines their own moral framework. One group of people will say that abortion is a woman’s right because only she has power over her body and can make decisions about it. Another group will argue that the embryo is also a person and has the right to birth and life.

In general, the attitude towards abortion is determined based on the political and religious views of each person. Religious people generally believe that abortion is immoral because it is murder, while secular people see it as a normal medical procedure. For example, in the US, the ban on abortion was introduced in red states where the vast majority have conservative views, while blue liberal states do not support this law. Overall, it’s up to a person to decide whether they consider abortion immoral based on their own values and beliefs.

Is abortion legal?

The answer to this question depends on the country in which you live. There are countries in which pregnancy termination is a common medical procedure and is performed at the woman's request. There are also states in which there must be a serious reason for abortion: medical, social, or economic. Finally, there are nations in which abortion is prohibited and criminalized. For example, in Jamaica, a woman can get life imprisonment for abortion, while in Kenya, a medical worker who volunteers to perform an abortion can be imprisoned for up to 14 years.

Is abortion safe?

In general, modern medicine has reached such a level that abortion has become a common (albeit difficult from various points of view) medical procedure. There are several types of abortion, as well as many medical devices and means that ensure the maximum safety of the pregnancy termination. Like all other medical procedures, abortion can have various consequences and complications.

Abortions – whether safe or not - exist in all countries of the world. The thing is that more than half of them are dangerous because women have them in unsuitable conditions and without professional help. Only universal access to abortion in all parts of the world can make it absolutely safe. In such a case, it will be performed only after a thorough assessment and under the control of a medical professional who can mitigate the potential risks.

How safe is abortion?

If we do not talk about the ethical side of the issue related to abortion, it still has some risks. In fact, any medical procedure has them to a greater or lesser extent.

The effectiveness of the safe method in a medical setting is 80-99%. An illegal abortion (for example, the one without special indications after 12 weeks) can lead to a patient’s death, and the person who performed it will be criminally liable in this case.

Doctors do not have universal advice for all pregnant women on whether it is worth making this decision or not. However, many of them still tend to believe that any contraception - even one that may have negative side effects - is better than abortion. That’s why spreading awareness on means of contraception and free access to it is vital.

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Princeton Legal Journal

The First Amendment and the Abortion Rights Debate

Sofia Cipriano

Following Dobbs v. Jackson ’s (2022) reversal of Roe v. Wade (1973) — and the subsequent revocation of federal abortion protection — activists and scholars have begun to reconsider how to best ground abortion rights in the Constitution. In the past year, numerous Jewish rights groups have attempted to overturn state abortion bans by arguing that abortion rights are protected by various state constitutions’ free exercise clauses — and, by extension, the First Amendment of the U.S. Constitution. While reframing the abortion rights debate as a question of religious freedom is undoubtedly strategic, the Free Exercise Clause is not the only place to locate abortion rights: the Establishment Clause also warrants further investigation.

Roe anchored abortion rights in the right to privacy — an unenumerated right with a long history of legal recognition. In various cases spanning the past two centuries, t he Supreme Court located the right to privacy in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments . Roe classified abortion as a fundamental right protected by strict scrutiny, meaning that states could only regulate abortion in the face of a “compelling government interest” and must narrowly tailor legislation to that end. As such, Roe ’s trimester framework prevented states from placing burdens on abortion access in the first few months of pregnancy. After the fetus crosses the viability line — the point at which the fetus can survive outside the womb — states could pass laws regulating abortion, as the Court found that “the potentiality of human life” constitutes a “compelling” interest. Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) later replaced strict scrutiny with the weaker “undue burden” standard, giving states greater leeway to restrict abortion access. Dobbs v. Jackson overturned both Roe and Casey , leaving abortion regulations up to individual states.

While Roe constituted an essential step forward in terms of abortion rights, weaknesses in its argumentation made it more susceptible to attacks by skeptics of substantive due process. Roe argues that the unenumerated right to abortion is implied by the unenumerated right to privacy — a chain of logic which twice removes abortion rights from the Constitution’s language. Moreover, Roe’s trimester framework was unclear and flawed from the beginning, lacking substantial scientific rationale. As medicine becomes more and more advanced, the arbitrariness of the viability line has grown increasingly apparent.

As abortion rights supporters have looked for alternative constitutional justifications for abortion rights, the First Amendment has become increasingly more visible. Certain religious groups — particularly Jewish groups — have argued that they have a right to abortion care. In Generation to Generation Inc v. Florida , a religious rights group argued that Florida’s abortion ban (HB 5) constituted a violation of the Florida State Constitution: “In Jewish law, abortion is required if necessary to protect the health, mental or physical well-being of the woman, or for many other reasons not permitted under the Act. As such, the Act prohibits Jewish women from practicing their faith free of government intrusion and thus violates their privacy rights and religious freedom.” Similar cases have arisen in Indiana and Texas. Absent constitutional protection of abortion rights, the Christian religious majorities in many states may unjustly impose their moral and ethical code on other groups, implying an unconstitutional religious hierarchy.

Cases like Generation to Generation Inc v. Florida may also trigger heightened scrutiny status in higher courts; The Religious Freedom Restoration Act (1993) places strict scrutiny on cases which “burden any aspect of religious observance or practice.”

But framing the issue as one of Free Exercise does not interact with major objections to abortion rights. Anti-abortion advocates contend that abortion is tantamount to murder. An anti-abortion advocate may argue that just as religious rituals involving human sacrifice are illegal, so abortion ought to be illegal. Anti-abortion advocates may be able to argue that abortion bans hold up against strict scrutiny since “preserving potential life” constitutes a “compelling interest.”

The question of when life begins—which is fundamentally a moral and religious question—is both essential to the abortion debate and often ignored by left-leaning activists. For select Christian advocacy groups (as well as other anti-abortion groups) who believe that life begins at conception, abortion bans are a deeply moral issue. Abortion bans which operate under the logic that abortion is murder essentially legislate a definition of when life begins, which is problematic from a First Amendment perspective; the Establishment Clause of the First Amendment prevents the government from intervening in religious debates. While numerous legal thinkers have associated the abortion debate with the First Amendment, this argument has not been fully litigated. As an amicus brief filed in Dobbs by the Freedom From Religion Foundation, Center for Inquiry, and American Atheists points out, anti-abortion rhetoric is explicitly religious: “There is hardly a secular veil to the religious intent and positions of individuals, churches, and state actors in their attempts to limit access to abortion.” Justice Stevens located a similar issue with anti-abortion rhetoric in his concurring opinion in Webster v. Reproductive Health Services (1989) , stating: “I am persuaded that the absence of any secular purpose for the legislative declarations that life begins at conception and that conception occurs at fertilization makes the relevant portion of the preamble invalid under the Establishment Clause of the First Amendment to the Federal Constitution.” Judges who justify their judicial decisions on abortion using similar rhetoric blur the line between church and state.

Framing the abortion debate around religious freedom would thus address the two main categories of arguments made by anti-abortion activists: arguments centered around issues with substantive due process and moral objections to abortion.

Conservatives may maintain, however, that legalizing abortion on the federal level is an Establishment Clause violation to begin with, since the government would essentially be imposing a federal position on abortion. Many anti-abortion advocates favor leaving abortion rights up to individual states. However, in the absence of recognized federal, constitutional protection of abortion rights, states will ban abortion. Protecting religious freedom of the individual is of the utmost importance — the United States government must actively intervene in order to uphold the line between church and state. Protecting abortion rights would allow everyone in the United States to act in accordance with their own moral and religious perspectives on abortion.

Reframing the abortion rights debate as a question of religious freedom is the most viable path forward. Anchoring abortion rights in the Establishment Clause would ensure Americans have the right to maintain their own personal and religious beliefs regarding the question of when life begins. In the short term, however, litigants could take advantage of Establishment Clauses in state constitutions. Yet, given the swing of the Court towards expanding religious freedom protections at the time of writing, Free Exercise arguments may prove better at securing citizens a right to an abortion.

A research on abortion: ethics, legislation and socio-medical outcomes. Case study: Romania

Andreea mihaela niţă.

1 Faculty of Social Sciences, University of Craiova, Romania

Cristina Ilie Goga

This article presents a research study on abortion from a theoretical and empirical point of view. The theoretical part is based on the method of social documents analysis, and presents a complex perspective on abortion, highlighting items of medical, ethical, moral, religious, social, economic and legal elements. The empirical part presents the results of a sociological survey, based on the opinion survey method through the application of the enquiry technique, conducted in Romania, on a sample of 1260 women. The purpose of the survey is to identify Romanians perception on the decision to voluntary interrupt pregnancy, and to determine the core reasons in carrying out an abortion.

The analysis of abortion by means of medical and social documents

Abortion means a pregnancy interruption “before the fetus is viable” [ 1 ] or “before the fetus is able to live independently in the extrauterine environment, usually before the 20 th week of pregnancy” [ 2 ]. “Clinical miscarriage is both a common and distressing complication of early pregnancy with many etiological factors like genetic factors, immune factors, infection factors but also psychological factors” [ 3 ]. Induced abortion is a practice found in all countries, but the decision to interrupt the pregnancy involves a multitude of aspects of medical, ethical, moral, religious, social, economic, and legal order.

In a more simplistic manner, Winston Nagan has classified opinions which have as central element “abortion”, in two major categories: the opinion that the priority element is represented by fetus and his entitlement to life and the second opinion, which focuses around women’s rights [ 4 ].

From the medical point of view, since ancient times there have been four moments, generally accepted, which determine the embryo’s life: ( i ) conception; ( ii ) period of formation; ( iii ) detection moment of fetal movement; ( iv ) time of birth [ 5 ]. Contemporary medicine found the following moments in the evolution of intrauterine fetal: “ 1 . At 18 days of pregnancy, the fetal heartbeat can be perceived and it starts running the circulatory system; 2 . At 5 weeks, they become more clear: the nose, cheeks and fingers of the fetus; 3 . At 6 weeks, they start to function: the nervous system, stomach, kidneys and liver of the fetus, and its skeleton is clearly distinguished; 4 . At 7 weeks (50 days), brain waves are felt. The fetus has all the internal and external organs definitively outlined. 5 . At 10 weeks (70 days), the unborn child has all the features clearly defined as a child after birth (9 months); 6 . At 12 weeks (92 days, 3 months), the fetus has all organs definitely shaped, managing to move, lacking only the breath” [ 6 ]. Even if most of the laws that allow abortion consider the period up to 12 weeks acceptable for such an intervention, according to the above-mentioned steps, there can be defined different moments, which can represent the beginning of life. Nowadays, “abortion is one of the most common gynecological experiences and perhaps the majority of women will undergo an abortion in their lifetimes” [ 7 ]. “Safe abortions carry few health risks, but « every year, close to 20 million women risk their lives and health by undergoing unsafe abortions » and 25% will face a complication with permanent consequences” [ 8 , 9 ].

From the ethical point of view, most of the times, the interruption of pregnancy is on the border between woman’s right over her own body and the child’s (fetus) entitlement to life. Judith Jarvis Thomson supported the supremacy of woman’s right over her own body as a premise of freedom, arguing that we cannot force a person to bear in her womb and give birth to an unwanted child, if for different circumstances, she does not want to do this [ 10 ]. To support his position, the author uses an imaginary experiment, that of a violinist to which we are connected for nine months, in order to save his life. However, Thomson debates the problem of the differentiation between the fetus and the human being, by carrying out a debate on the timing which makes this difference (period of conception, 10 weeks of pregnancy, etc.) and highlighting that for people who support abortion, the fetus is not an alive human being [ 10 ].

Carol Gilligan noted that women undergo a true “moral dilemma”, a “moral conflict” with regards to voluntary interruption of pregnancy, such a decision often takes into account the human relationships, the possibility of not hurting the others, the responsibility towards others [ 11 ]. Gilligan applied qualitative interviews to a number of 29 women from different social classes, which were put in a position to decide whether or not to commit abortion. The interview focused on the woman’s choice, on alternative options, on individuals and existing conflicts. The conclusion was that the central moral issue was the conflict between the self (the pregnant woman) and others who may be hurt as a result of the potential pregnancy [ 12 ].

From the religious point of view, abortion is unacceptable for all religions and a small number of abortions can be seen in deeply religious societies and families. Christianity considers the beginning of human life from conception, and abortion is considered to be a form of homicide [ 13 ]. For Christians, “at the same time, abortion is giving up their faith”, riot and murder, which means that by an abortion we attack Jesus Christ himself and God [ 14 ]. Islam does not approve abortion, relying on the sacral life belief as specified in Chapter 6, Verse 151 of the Koran: “Do not kill a soul which Allah has made sacred (inviolable)” [ 15 ]. Buddhism considers abortion as a negative act, but nevertheless supports for medical reasons [ 16 ]. Judaism disapproves abortion, Tanah considering it to be a mortal sin. Hinduism considers abortion as a crime and also the greatest sin [ 17 ].

From the socio-economic point of view, the decision to carry out an abortion is many times determined by the relations within the social, family or financial frame. Moreover, studies have been conducted, which have linked the legalization of abortions and the decrease of the crime rate: “legalized abortion may lead to reduced crime either through reductions in cohort sizes or through lower per capita offending rates for affected cohorts” [ 18 ].

Legal regulation on abortion establishes conditions of the abortion in every state. In Europe and America, only in the XVIIth century abortion was incriminated and was considered an insignificant misdemeanor or a felony, depending on when was happening. Due to the large number of illegal abortions and deaths, two centuries later, many states have changed legislation within the meaning of legalizing voluntary interruption of pregnancy [ 6 ]. In contemporary society, international organizations like the United Nations or the European Union consider sexual and reproductive rights as fundamental rights [ 19 , 20 ], and promotes the acceptance of abortion as part of those rights. However, not all states have developed permissive legislation in the field of voluntary interruption of pregnancy.

Currently, at national level were established four categories of legislation on pregnancy interruption area:

( i ) Prohibitive legislations , ones that do not allow abortion, most often outlining exceptions in abortion in cases where the pregnant woman’s life is endangered. In some countries, there is a prohibition of abortion in all circumstances, however, resorting to an abortion in the case of an imminent threat to the mother’s life. Same regulation is also found in some countries where abortion is allowed in cases like rape, incest, fetal problems, etc. In this category are 66 states, with 25.5% of world population [ 21 ].

( ii ) Restrictive legislation that allow abortion in cases of health preservation . Loosely, the term “health” should be interpreted according to the World Health Organization (WHO) definition as: “health is a state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity” [ 22 ]. This type of legislation is adopted in 59 states populated by 13.8% of the world population [ 21 ].

( iii ) Legislation allowing abortion on a socio-economic motivation . This category includes items such as the woman’s age or ability to care for a child, fetal problems, cases of rape or incest, etc. In this category are 13 countries, where we have 21.3% of the world population [ 21 ].

( iv ) Legislation which do not impose restrictions on abortion . In the case of this legislation, abortion is permitted for any reason up to 12 weeks of pregnancy, with some exceptions (Romania – 14 weeks, Slovenia – 10 weeks, Sweden – 18 weeks), the interruption of pregnancy after this period has some restrictions. This type of legislation is adopted in 61 countries with 39.5% of the world population [21].

The Centre for Reproductive Rights has carried out from 1998 a map of the world’s states, based on the legislation typology of each country (Figure (Figure1 1 ).

An external file that holds a picture, illustration, etc.
Object name is RJME-61-1-283-fig1.jpg

The analysis of states according to the legislation regarding abortion. Source: Centre for Reproductive Rights. The World’s Abortion Laws, 2018 [ 23 ]

An unplanned pregnancy, socio-economic context or various medical problems [ 24 ], lead many times to the decision of interrupting pregnancy, regardless the legislative restrictions. In the study “Unsafe abortion: global and regional estimates of the incidence of unsafe abortion and associated mortality in 2008” issued in 2011 by the WHO , it was determined that within the states with restrictive legislation on abortion, we may also encounter a large number of illegal abortions. The illegal abortions may also be resulting in an increased risk of woman’s health and life considering that most of the times inappropriate techniques are being used, the hygienic conditions are precarious and the medical treatments are incorrectly administered [ 25 ]. Although abortions done according to medical guidelines carry very low risk of complications, 1–3 unsafe abortions contribute substantially to maternal morbidity and death worldwide [ 26 ].

WHO has estimated for the year 2008, the fact that worldwide women between the ages of 15 and 44 years carried out 21.6 million “unsafe” abortions, which involved a high degree of risk and were distributed as follows: 0.4 million in the developed regions and a number of 21.2 million in the states in course of development [ 25 ].

Case study: Romania

Legal perspective on abortion

In Romania, abortion was brought under regulation by the first Criminal Code of the United Principalities, from 1864.

The Criminal Code from 1864, provided the abortion infringement in Article 246, on which was regulated as follows: “Any person, who, using means such as food, drinks, pills or any other means, which will consciously help a pregnant woman to commit abortion, will be punished to a minimum reclusion (three years).

The woman who by herself shall use the means of abortion, or would accept to use means of abortion which were shown or given to her for this purpose, will be punished with imprisonment from six months to two years, if the result would be an abortion. In a situation where abortion was carried out on an illegitimate baby by his mother, the punishment will be imprisonment from six months to one year.

Doctors, surgeons, health officers, pharmacists (apothecary) and midwives who will indicate, will give or will facilitate these means, shall be punished with reclusion of at least four years, if the abortion took place. If abortion will cause the death of the mother, the punishment will be much austere of four years” (Art. 246) [ 27 ].

The Criminal Code from 1864, reissued in 1912, amended in part the Article 246 for the purposes of eliminating the abortion of an illegitimate baby case. Furthermore, it was no longer specified the minimum of four years of reclusion, in case of abortion carried out with the help of the medical staff, leaving the punishment to the discretion of the Court (Art. 246) [ 28 ].

The Criminal Code from 1936 regulated abortion in the Articles 482–485. Abortion was defined as an interruption of the normal course of pregnancy, being punished as follows:

“ 1 . When the crime is committed without the consent of the pregnant woman, the punishment was reformatory imprisonment from 2 to 5 years. If it caused the pregnant woman any health injury or a serious infirmity, the punishment was reformatory imprisonment from 3 to 6 years, and if it has caused her death, reformatory imprisonment from 7 to 10 years;

2 . When the crime was committed by the unmarried pregnant woman by herself, or when she agreed that someone else should provoke the abortion, the punishment is reformatory imprisonment from 3 to 6 months, and if the woman is married, the punishment is reformatory imprisonment from 6 months to one year. Same penalty applies also to the person who commits the crime with the woman’s consent. If abortion was committed for the purpose of obtaining a benefit, the punishment increases with another 2 years of reformatory imprisonment.

If it caused the pregnant woman any health injuries or a severe disablement, the punishment will be reformatory imprisonment from one to 3 years, and if it has caused her death, the punishment is reformatory imprisonment from 3 to 5 years” (Art. 482) [ 29 ].

The criminal legislation from 1936 specifies that it is not considered as an abortion the interruption from the normal course of pregnancy, if it was carried out by a doctor “when woman’s life was in imminent danger or when the pregnancy aggravates a woman’s disease, putting her life in danger, which could not be removed by other means and it is obvious that the intervention wasn’t performed with another purpose than that of saving the woman’s life” and “when one of the parents has reached a permanent alienation and it is certain that the child will bear serious mental flaws” (Art. 484, Par. 1 and Par. 2) [ 29 ].

In the event of an imminent danger, the doctor was obliged to notify prosecutor’s office in writing, within 48 hours after the intervention, on the performance of the abortion. “In the other cases, the doctor was able to intervene only with the authorization of the prosecutor’s office, given on the basis of a medical certificate from hospital or a notice given as a result of a consultation between the doctor who will intervene and at least a professor doctor in the disease which caused the intervention. General’s Office Prosecutor, in all cases provided by this Article, shall be obliged to maintain the confidentiality of all communications or authorizations, up to the intercession of any possible complaints” (Art. 484) [ 29 ].

The legislation of 1936 provided a reformatory injunction from one to three years for the abortions committed by doctors, sanitary agents, pharmacists, apothecary or midwives (Art. 485) [ 29 ].

Abortion on demand has been legalized for the first time in Romania in the year 1957 by the Decree No. 463, under the condition that it had to be carried out in a hospital and to be carried out in the first quarter of the pregnancy [ 30 ]. In the year 1966, demographic policy of Romania has dramatically changed by introducing the Decree No. 770 from September 29 th , which prohibited abortion. Thus, the voluntary interruption of pregnancy became a crime, with certain exceptions, namely: endangering the mother’s life, physical or mental serious disability; serious or heritable illness, mother’s age over 45 years, if the pregnancy was a result of rape or incest or if the woman gave birth to at least four children who were still in her care (Art. 2) [ 31 ].

In the Criminal Code from 1968, the abortion crime was governed by Articles 185–188.

The Article 185, “the illegal induced abortion”, stipulated that “the interruption of pregnancy by any means, outside the conditions permitted by law, with the consent of the pregnant woman will be punished with imprisonment from one to 3 years”. The act referred to above, without the prior consent from the pregnant woman, was punished with prison from two to five years. If the abortion carried out with the consent of the pregnant woman caused any serious body injury, the punishment was imprisonment from two to five years, and when it caused the death of the woman, the prison sentence was from five to 10 years. When abortion was carried out without the prior consent of the woman, if it caused her a serious physical injury, the punishment was imprisonment from three to six years, and if it caused the woman’s death, the punishment was imprisonment from seven to 12 years (Art. 185) [ 32 ].

“When abortion was carried out in order to obtain a material benefit, the maximum punishment was increased by two years, and if the abortion was made by a doctor, in addition to the prison punishment could also be applied the prohibition to no longer practice the profession of doctor”.

Article 186, “abortion caused by the woman”, stipulated that “the interruption of the pregnancy course, committed by the pregnant woman, was punished with imprisonment from 6 months to 2 years”, quoting the fact that by the same punishment was also sanctioned “the pregnant woman’s act to consent in interrupting the pregnancy course made out by another person” (Art. 186) [ 26 ].

The Regulations of the Criminal Code in 1968, also provided the crime of “ownership of tools or materials that can cause abortion”, the conditions of this holding being met when these types of instruments were held outside the hospital’s specialized institutions, the infringement shall be punished with imprisonment from three months to one year (Art. 187) [ 32 ].

Furthermore, the doctors who performed an abortion in the event of extreme urgency, without prior legal authorization and if they did not announce the competent authority within the legal deadline, they were punished by imprisonment from one month to three months (Art. 188) [ 32 ].

In the year 1985, it has been issued the Decree No. 411 of December 26 th , by which the conditions imposed by the Decree No. 770 of 1966 have been hardened, meaning that it has increased the number of children, that a woman could have in order to request an abortion, from four to five children [ 33 ].

The Articles 185–188 of the Criminal Code and the Decree No. 770/1966 on the interruption of the pregnancy course have been abrogated by Decree-Law No. 1 from December 26 th , 1989, which was published in the Official Gazette No. 4 of December 27 th , 1989 (Par. 8 and Par. 12) [ 34 ].

The Criminal Code from 1968, reissued in 1997, maintained Article 185 about “the illegal induced abortion”, but drastically modified. Thus, in this case of the Criminal Code, we identify abortion as “the interruption of pregnancy course, by any means, committed in any of the following circumstances: ( a ) outside medical institutions or authorized medical practices for this purpose; ( b ) by a person who does not have the capacity of specialized doctor; ( c ) if age pregnancy has exceeded 14 weeks”, the punishment laid down was the imprisonment from 6 months to 3 years” (Art. 185, Par. 1) [ 35 ]. For the abortion committed without the prior consent of the pregnant woman, the punishment consisted in strict prison conditions from two to seven years and with the prohibition of certain rights (Art. 185, Par. 2) [ 35 ].

For the situation of causing serious physical injury to the pregnant woman, the punishment was strict prison from three to 10 years and the removal of certain rights, and if it had as a result the death of the pregnant woman, the punishment was strict prison from five to 15 years and the prohibition of certain rights (Art. 185, Par. 3) [ 35 ].

The attempt was punished for the crimes specified in the various cases of abortion.

Consideration should also be given in the Criminal Code reissued in 1997 for not punishing the interruption of the pregnancy course carried out by the doctor, if this interruption “was necessary to save the life, health or the physical integrity of the pregnant woman from a grave and imminent danger and that it could not be removed otherwise; in the case of a over fourteen weeks pregnancy, when the interruption of the pregnancy course should take place from therapeutic reasons” and even in a situation of a woman’s lack of consent, when it has not been given the opportunity to express her will, and abortion “was imposed by therapeutic reasons” (Art. 185, Par. 4) [ 35 ].

Criminal Code from 2004 covers abortion in Article 190, defined in the same way as in the prior Criminal Code, with the difference that it affects the limits of the punishment. So, in the event of pregnancy interruption, in accordance with the conditions specified in Paragraph 1, “the penalty provided was prison time from 6 months to one year or days-fine” (Art. 190, Par. 1) [ 36 ].

Nowadays, in Romania, abortion is governed by the criminal law of 2009, which entered into force in 2014, by the section called “aggression against an unborn child”. It should be specified that current criminal law does not punish the woman responsible for carrying out abortion, but only the person who is involved in carrying out the abortion. There is no punishment for the pregnant woman who injures her fetus during pregnancy.

In Article 201, we can find the details on the pregnancy interruption infringement. Thus, the pregnancy interruption can be performed in one of the following circumstances: “outside of medical institutions or medical practices authorized for this purpose; by a person who does not have the capacity of specialist doctor in Obstetrics and Gynecology and the right of free medical practice in this specialty; if gestational age has exceeded 14 weeks”, the punishment is the imprisonment for six months to three years, or fine and the prohibition to exercise certain rights (Art. 201, Par. 1) [ 37 ].

Article 201, Paragraph 2 specifies that “the interruption of the pregnancy committed under any circumstances, without the prior consent of the pregnant woman, can be punished with imprisonment from 2 to 7 years and with the prohibition to exercise some rights” (Art. 201, Par. 1) [ 37 ].

If by facts referred to above (Art. 201, Par. 1 and Par. 2) [ 37 ] “it has caused the pregnant woman’s physical injury, the punishment is the imprisonment from 3 to 10 years and the prohibition to exercise some rights, and if it has had as a result the pregnant woman’s death, the punishment is the imprisonment from 6 to 12 years and the prohibition to exercise some rights” (Art. 201, Par. 3) [ 37 ]. When the facts have been committed by a doctor, “in addition to the imprisonment punishment, it will also be applied the prohibition to exercise the profession of doctor (Art. 201, Par. 4) [ 37 ].

Criminal legislation specifies that “the interruption of pregnancy does not constitute an infringement with the purpose of a treatment carried out by a specialist doctor in Obstetrics and Gynecology, until the pregnancy age of twenty-four weeks is reached, or the subsequent pregnancy interruption, for the purpose of treatment, is in the interests of the mother or the fetus” (Art. 201, Par. 6) [ 37 ]. However, it can all be found in the phrases “therapeutic purposes” and “the interest of the mother and of the unborn child”, which predisposes the text of law to an interpretation, finally the doctors are the only ones in the position to decide what should be done in such cases, assuming direct responsibility [ 38 ].

Article 202 of the Criminal Code defines the crime of harming an unborn child, pointing out the punishments for the various types of injuries that can occur during pregnancy or in the childbirth period and which can be caused by the mother or by the persons who assist the birth, with the specification that the mother who harms her fetus during pregnancy is not punished and does not constitute an infringement if the injury has been committed during pregnancy or during childbirth period if the facts have been “committed by a doctor or by an authorized person to assist the birth or to follow the pregnancy, if they have been committed in the course of the medical act, complying with the specific provisions of his profession and have been made in the interest of the pregnant woman or fetus, as a result of the exercise of an inherent risk in the medical act” (Art. 202, Par. 6) [ 37 ].

The fact situation in Romania

During the period 1948–1955, called “the small baby boom” [ 39 ], Romania registered an average fertility rate of 3.23 children for a woman. Between 1955 and 1962, the fertility rate has been less than three children for a woman, and in 1962, fertility has reached an average of two children for a woman. This phenomenon occurred because of the Decree No. 463/1957 on liberalization of abortion. After the liberalization from 1957, the abortion rate has increased from 220 abortions per 100 born-alive children in the year 1960, to 400 abortions per 100 born-alive children, in the year 1965 [ 40 ].

The application of provisions of Decrees No. 770 of 1966 and No. 411 of 1985 has led to an increase of the birth rate in the first three years (an average of 3.7 children in 1967, and 3.6 children in 1968), followed by a regression until 1989, when it was recorded an average of 2.2 children, but also a maternal death rate caused by illegal abortions, raising up to 85 deaths of 100 000 births in the year of 1965, and 170 deaths in 1983. It was estimated that more than 80% of maternal deaths between 1980–1989 was caused by legal constraints [ 30 ].

After the Romanian Revolution in December 1989 and after the communism fall, with the abrogation of Articles 185–188 of the Criminal Code and of the Decree No. 770/1966, by the Decree of Law No. 1 of December 26 th , 1989, abortion has become legal in Romania and so, in the following years, it has reached the highest rate of abortion in Europe. Subsequently, the number of abortion has dropped gradually, with increasing use of birth control [ 41 ].

Statistical data issued by the Ministry of Health and by the National Institute of Statistics (INS) in Romania show corresponding figures to a legally carried out abortion. The abortion number is much higher, if it would take into account the number of illegal abortion, especially those carried out before 1989, and those carried out in private clinics, after the year 1990. Summing the declared abortions in the period 1958–2014, it is to be noted the number of them, 22 037 747 exceeds the current Romanian population. A detailed statistical research of abortion rate, in terms of years we have exposed in Table Table1 1 .

The number of abortions declared in Romania in the period 1958–2016

Source: Pro Vita Association (Bucharest, Romania), National Institute of Statistics (INS – Romania), EUROSTAT [ 42 , 43 , 44 ]

Data issued by the United Nations International Children’s Emergency Fund (UNICEF) in June 2016, for the period 1989–2014, in matters of reproductive behavior, indicates a fertility rate for Romania with a continuous decrease, in proportion to the decrease of the number of births, but also a lower number of abortion rate reported to 100 deliveries (Table (Table2 2 ).

Reproductive behavior in Romania in 1989–2014

Source: United Nations International Children’s Emergency Fund (UNICEF), Transformative Monitoring for Enhanced Equity (TransMonEE) Data. Country profiles: Romania, 1989–2015 [ 45 ].

By analyzing data issued for the period 1990–2015 by the International Organization of Health , UNICEF , United Nations Fund for Population Activity (UNFPA), The World Bank and the United Nations Population Division, it is noticed that maternal mortality rate has currently dropped as compared with 1990 (Table (Table3 3 ).

Maternal mortality estimation in Romania in 1990–2015

Source: World Health Organization (WHO), Global Health Observatory Data. Maternal mortality country profiles: Romania, 2015 [ 46 ].

Opinion survey: women’s opinion on abortion

Argument for choosing the research theme

Although the problematic on abortion in Romania has been extensively investigated and debated, it has not been carried out in an ample sociological study, covering Romanian women’s perception on abortion. We have assumed making a study at national level, in order to identify the opinion on abortion, on the motivation to carry out an abortion, and to identify the correlation between religious convictions and the attitude toward abortion.

Examining the literature field of study

In the conceptual register of the research, we have highlighted items, such as the specialized literature, legislation, statistical documents.

Formulation of hypotheses and objectives

The first hypothesis was that Romanian women accept abortion, having an open attitude towards this act. Thus, the first objective of the research was to identify Romanian women’s attitude towards abortion.

The second hypothesis, from which we started, was that high religious beliefs generate a lower tolerance towards abortion. Thus, the second objective of our research has been to identify the correlation between the religious beliefs and the attitude towards abortion.

The third hypothesis of the survey was that, the main motivation in carrying out an abortion is the fact that a woman does not want a baby, and the main motivation for keeping the pregnancy is that the person wants a baby. In this context, the third objective of the research was to identify main motivation in carrying out an abortion and in maintaining a pregnancy.

Another hypothesis was that modern Romanian legislation on the abortion is considered fair. Based on this hypothesis, we have assumed the fourth objective, which is to identify the degree of satisfaction towards the current regulatory provisions governing the abortion.

Research methodology

The research method is that of a sociological survey by the application of the questionnaire technique. We used the sampling by age and residence looking at representative numbers of population from more developed as well as underdeveloped areas.

Determination of the sample to be studied

Because abortion is a typical women’s experience, we have chosen to make the quantitative research only among women. We have constructed the sample by selecting a number of 1260 women between the ages of 15 and 44 years (the most frequently encountered age among women who give birth to a child). We also used the quota sampling techniques, taking into account the following variables: age group and the residence (urban/rural), so that the persons included in the sample could retain characteristic of the general population.

By the sample of 1260 women, we have made a percentage of investigation of 0.03% of the total population.

The Questionnaires number applied was distributed as follows (Table (Table4 4 ).

The sampling rates based on the age, and the region of residence

Source: Sample built, based on the population data issued by the National Institute of Statistics (INS – Romania) based on population census conducted in 2011 [ 47 ].

Data collection

Data collection was carried out by questionnaires administered by 32 field operators between May 1 st –May 31 st , 2018.

The analysis of the research results

In the next section, we will present the main results of the quantitative research carried out at national level.

Almost three-quarters of women included in the sample agree with carrying out an abortion in certain circumstances (70%) and only 24% have chosen to support the answer “ No, never ”. In modern contemporary society, abortion is the first solution of women for which a pregnancy is not desired. Even if advanced medical techniques are a lot safer, an abortion still carries a health risk. However, 6% of respondents agree with carrying out abortion regardless of circumstances (Table (Table5 5 ).

Opinion on the possibility of carrying out an abortion

Although abortions carried out after 14 weeks are illegal, except for medical reasons, more than half of the surveyed women stated they would agree with abortion in certain circumstances. At the opposite pole, 31% have mentioned they would never agree on abortions after 14 weeks. Five percent were totally accepting the idea of abortion made to a pregnancy that has exceeded 14 weeks (Table (Table6 6 ).

Opinion on the possibility of carrying out an abortion after the period of 14 weeks of pregnancy

For 53% of respondents, abortion is considered a crime as well as the right of a women. On the other hand, 28% of the women considered abortion as a crime and 16% associate abortion with a woman’s right (Table (Table7 7 ).

Opinion on abortion: at the border between crime and a woman’s right

Opinions on what women abort at the time of the voluntary pregnancy interruption are split in two: 59% consider that it depends on the time of the abortion, and more specifically on the pregnancy development stage, 24% consider that regardless of the period in which it is carried out, women abort a child, and 14% have opted a fetus (Table (Table8 8 ).

Abortion of a child vs. abortion of a fetus

Among respondents who consider that women abort a child or a fetus related to the time of abortion, 37.5% have considered that the difference between a baby and a fetus appears after 14 weeks of pregnancy (the period legally accepted for abortion). Thirty-three percent of them have mentioned that the distinction should be performed at the first few heartbeats; 18.1% think it is about when the child has all the features definitively outlined and can move by himself; 2.8% consider that the difference appears when the first encephalopathy traces are being felt and the child has formed all internal and external organs. A percentage of 1.7% of respondents consider that this difference occurs at the beginning of the central nervous system, and 1.4% when the unborn child has all the features that we can clearly see to a newborn child (Table (Table9 9 ).

The opinion on the moment that makes the difference between a fetus and a child

We noticed that highly religious people make a clear association between abortion and crime. They also consider that at the time of pregnancy interruption it is aborted a child and not a fetus. However, unexpectedly, we noticed that 27% of the women, who declare themselves to be very religious, have also stated that they see abortion as a crime but also as a woman’s right. Thirty-one percent of the women, who also claimed profound religious beliefs, consider that abortion may be associated with the abortion of a child but also of a fetus, this depending on the time of abortion (Tables (Tables10 10 and and11 11 ).

The correlation between the level of religious beliefs and the perspective on abortion seen as a crime or a right

The correlation between the level of religious beliefs and the perspective on abortion procedure conducted on a fetus or a child

More than half of the respondents have opted for the main reason for abortion the appearance of medical problems to the child. Baby’s health represents the main concern of future mothers, and of each parent, and the birth of a child with serious health issues, is a factor which frightens any future parent, being many times, at least theoretically, one good reason for opting for abortion. At the opposite side, 12% of respondents would not choose abortion under any circumstances. Other reasons for which women would opt for an abortion are: if the woman would have a medical problem (22%) or would not want the child (10%) (Table (Table12 12 ).

Potential reasons for carrying out an abortion

Most of the women want to give birth to a child, 56% of the respondents, representing also the reason that would determine them to keep the child. Morality (26%), faith (10%) or legal restrictions (4%), are the three other reasons for which women would not interrupt a pregnancy. Only 2% of the respondents have mentioned other reasons such as health or age.

A percentage of 23% of the surveyed people said that they have done an abortion so far, and 77% did not opted for a surgical intervention either because there was no need, or because they have kept the pregnancy (Table (Table13 13 ).

Rate of abortion among women in the sample

Most respondents, 87% specified that they have carried out an abortion during the first 14 weeks – legally accepted limit for abortion: 43.6% have made abortion in the first four weeks, 39.1% between weeks 4–8, and 4.3% between weeks 8–14. It should be noted that 8.7% could not appreciate the pregnancy period in which they carried out abortion, by opting to answer with the option “ I don’t know ”, and a percentage of 4.3% refused to answer to this question.

Performing an abortion is based on many reasons, but the fact that the women have not wanted a child is the main reason mentioned by 47.8% of people surveyed, who have done minimum an abortion so far. Among the reasons for the interruption of pregnancy, it is also included: women with medical problems (13.3%), not the right time to be a mother (10.7%), age motivation (8.7%), due to medical problems of the child (4.3%), the lack of money (4.3%), family pressure (4.3%), partner/spouse did not wanted. A percentage of 3.3% of women had different reasons for abortion, as follows: age difference too large between children, career, marital status, etc. Asked later whether they regretted the abortion, a rate of 69.6% of women who said they had at least one abortion regret it (34.8% opted for “ Yes ”, and 34.8% said “ Yes, partially ”). 26.1% of surveyed women do not regret the choice to interrupted the pregnancy, and 4.3% chose to not answer this question. We noted that, for women who have already experienced abortion, the causes were more diverse than the grounds on which the previous question was asked: “What are the reasons that determined you to have an abortion?” (Table (Table14 14 ).

The reasons that led the women in the sample to have an abortion

The majority of the respondents (37.5%) considered that “nervous depression” is the main consequence of abortion, followed by “insomnia and nightmares” (24.6%), “disorders in alimentation” and “affective disorders” (each for 7.7% of respondents), “deterioration of interpersonal relationships” and “the feeling of guilt”(for 6.3% of the respondents), “sexual disorders” and “panic attacks” (for 6.3% of the respondents) (Table (Table15 15 ).

Opinion on the consequences of abortion

Over half of the respondents believe that abortion should be legal in certain circumstances, as currently provided by law, 39% say it should be always legal, and only 6% opted for the illegal option (Table (Table16 16 ).

Opinion on the legal regulation of abortion

Although the current legislation does not punish pregnant women who interrupt pregnancy or intentionally injured their fetus, survey results indicate that 61% of women surveyed believe that the national law should punish the woman and only 28% agree with the current legislation (Table (Table17 17 ).

Opinion on the possibility of punishing the woman who interrupts the course of pregnancy or injures the fetus

For the majority of the respondents (40.6%), the penalty provided by the current legislation, the imprisonment between six months and three years or a fine and deprivation of certain rights for the illegal abortion is considered fair, for a percentage of 39.6% the punishment is too small for 9.5% of the respondents is too high. Imprisonment between two and seven years and deprivation of certain rights for an abortion performed without the consent of the pregnant woman is considered too small for 65% of interviewees. Fourteen percent of them think it is fair and only 19% of respondents consider that Romanian legislation is too severe with people who commit such an act considering the punishment as too much. The imprisonment from three to 10 years and deprivation of certain rights for the facts described above, if an injury was caused to the woman, is considered to be too small for more than half of those included in the survey, 64% and almost 22% for nearly a quarter of them. Only 9% of the respondents mentioned that this legislative measure is too severe for such actions (Table (Table18 18 ).

Opinion on the regulation of abortion of the Romanian Criminal Code (Art. 201)

Conclusions

After analyzing the results of the sociological research regarding abortion undertaken at national level, we see that 76% of the Romanian women accept abortion, indicating that the majority accepts only certain circumstances (a certain period after conception, for medical reasons, etc.). A percentage of 64% of the respondents indicated that they accept the idea of abortion after 14 weeks of pregnancy (for solid reasons or regardless the reason). This study shows that over 50% of Romanian women see abortion as a right of women but also a woman’s crime and believe that in the moment of interruption of a pregnancy, a fetus is aborted. Mostly, the association of abortion with crime and with the idea that a child is aborted is frequently found within very religious people. The main motivation for Romanian women in taking the decision not to perform an abortion is that they would want the child, and the main reason to perform an abortion is the child’s medical problems. However, it is noted that, in real situations, in which women have already done at least one abortion, most women resort to abortion because they did not want the child towards the hypothetical situation in which women felt that the main reason of abortion is a medical problem. Regarding the satisfaction with the current national legislation of the abortion, the situation is rather surprising. A significant percentage (61%) of respondents felt as necessary to punish the woman who performs an illegal abortion, although the legislation does not provide a punishment. On the other hand, satisfaction level to the penalties provided by law for various violations of the legal conditions for conducting abortion is low, on average only 25.5% of respondents are being satisfied with these, the majority (average 56.2%) considering the penalties as unsatisfactory. Understood as a social phenomenon, intensified by human vulnerabilities, of which the most obvious is accepting the comfort [ 48 ], abortion today is no longer, in Romanian society, from a legal or religious perspective, a problem. Perceptions on the legislative sanction, moral and religious will perpetual vary depending on beliefs, environment, education, etc. The only and the biggest social problem of Romania is truly represented by the steadily falling birth rate.

Conflict of interests

The authors declare that they have no conflict of interests.

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The meaning, history and political rhetoric surrounding the term abortion ‘ban’

Experts say ‘ban’ has emerged as shorthand for nearly all abortion prohibitions. the blunt term often leaves room for political spin..

Ban: Merriam-Webster defines it as “a legal or formal prohibition.”

But in the 2024 election cycle — the first general election since Roe v. Wade, the landmark ruling that enshrined a constitutional right to an abortion, was overturned — the term has morphed into polarizing political rhetoric. “Ban” has become synonymous with abortion and the wave of anti-abortion laws enacted in states across the country.

For example, on President Joe Biden’s reelection campaign website, the abortion policy page’s title reads: “Donald Trump wants to ban abortion nationwide. Re-elect Joe Biden to stop him and protect reproductive freedom.”

Trump appointed three of the U.S. Supreme Court justices who voted to overturn Roe. After years of inconsistency, Trump most recently has said that laws on abortion should be left to the states and that he wouldn’t sign a national abortion ban.

Many Democrats and abortion rights activists have also zeroed in on down-ballot Republicans, accusing them of supporting abortion “bans,” even if their position allows for some access.

“Yesterday, we celebrated Mother’s Day. Today, I remind you that politicians like Bernie Moreno, who supports a national abortion ban, don’t want moms making their own healthcare decisions. Abortion rights are on Ohio’s ballot again in 2024,” Ohio Democrat Allison Russo wrote May 13 on X .

Moreno, who has Trump’s support, is a Republican running for Senate in Ohio against Democratic incumbent Sen. Sherrod Brown. Moreno has said that he would vote for a 15-week national abortion ban.

Political discourse experts say “ban” has emerged as shorthand for nearly all abortion prohibitions. The blunt term, nuanced in its myriad interpretations, often leaves room for political spin.

What exactly is a ban?

“Ban” is not a medical term; people across the political spectrum on abortion define it differently.

The word has two main rhetorical functions, political discourse experts said. When people talk to like-minded people about a particular issue, it can reinforce the group’s beliefs. Or, it can label opponents as “extreme.”

“For example, when Joe Biden talks about an assault weapon ban, he’s not trying to convert skeptics — he’s signaling to people who already agree with them that they’re on the same team,” said Ryan Skinnell, an associate professor of rhetoric and writing at San Jose State University. “But the other way ‘ban’ works is to identify someone you disagree with as extreme. Groups who want to keep certain books out of libraries, for instance, rarely describe themselves as in support of book banning. Their opponents adopt that language.”

This dual usage reflects in the abortion fight. Abortion-rights activists use “ban” to signal an infringement on personal freedom and autonomy over medical decisions. Anti-abortion proponents may use “ban” to signal a protection of fetal life. For example, when introducing legislation that ban abortion at various stages, Republican politicians have often framed the bills as moral imperatives that protect unborn life.

Peter Loge, a George Washington University professor who directs the school’s Project on Ethics in Political Communication, said ban has historically meant “to eliminate” or “not have,” but politicians employ a strategic ambiguity that allows listeners to assign their own meaning. Loge, who served as a senior adviser in former President Barack Obama’s Food and Drug Administration, said Obama did this with one of his campaign slogans: “Change We Can Believe In.”

“Well, what does ‘change’ mean? Clearly, it means whatever he thinks it means, but as a listener you will ascribe it to mean whatever you think it means,” Loge said. “So, if I think most abortions should be illegal and in some cases it’s OK, I can support a ban, because it’s a ban with exceptions. The listener plugs in whatever caveats they prefer and ascribes them to the speaker. This is a technique as far back as Aristotle, who wrote that the listener provides the reasoning for themselves.”

Loge, like Skinnell, said “ban” is often used in politics to showcase extremism and the threat of something being taken away.

“It’s the rhetoric of anger. ‘They want to take your rights from you. … Now it’s an ideological divide and it works because we’re going to be more motivated to vote,” Loge said. “People are more concerned about losing something they have than they are interested in getting something new. We are risk-averse.”

Nathan Stormer, a rhetoric professor at the University of Maine and an expert in abortion rhetoric, said the term usually shows up when people refer to making abortion illegal in pregnancy’s earlier stages. But, he added, although common usage typically refers to a first trimester threshold, there is “no set of rules.”

“Because it is not a consistently used term, I think when people do not specify what they are referring to, others may take them to mean at conception or very early, but one has to inquire about context,” Stormer wrote in an email.

How abortion ban rhetoric evolved

Before the 1970s, there was little discussion about abortion bans.

Although legal abortion existed in various states at various stages before the Supreme Court decided Roe v. Wade in 1973, the ruling’s enshrinement of abortion rights across the country, helped galvanize opposition and mobilize anti-abortion groups.

“There were book bans, pornography bans, dancing bans, and so on. But even most conservative politicians and church groups weren’t especially concerned with abortion as an issue, and there was virtually no concerted political interest in bans,” Skinnell, from San Jose University, said. “That began to change with Richard Nixon.”

Skinnell said the former president’s advisers, in coordination with evangelical Christian church leaders, determined they could connect abortion to left-wing social movements, such as feminism, by linking them consistently in speeches and campaign materials.

“The idea of abortion bans came directly out of that partnership,” Skinnell said, “and it gathered steam in right-wing and conservative circles throughout the next few decades.”

Republicans further popularized the term in the mid-1990s, when they advocated for the Partial-Birth Abortion Ban Act, which President George W. Bush signed into law in 2003. The campaign to pass that legislation, experts said, introduced the term “ban” as the abortion restriction’s “stated intent.”

Political rhetoric experts said much of the medical literature and media coverage before Roe v. Wade often used terms such as “illegal” because abortion was considered a criminal act in most states.

“Even in the early stages of criminalizing abortion in the U.S., I don’t think ban was a common term,” Stormer said. “When a restriction is being put in place where before there was not one, people tend to resort to the word ban.”

Emily Winderman, a University of Minnesota professor specializing in the rhetorical study of health and medicine, said that over time abortion “bans” have manifested as “incremental” restrictions throughout gestational development to the complete prohibitions seen in multiple states today.

For instance, she said, “heartbeat bills,” which typically refer to laws that make abortion illegal as early as six weeks of pregnancy, were controversial when they emerged around 2010, but have become more prevalent since the Trump administration and Roe’s overturning.

Winderman also said bans can appear via code and ordinance restrictions, such as banning the type of use for a particular piece of real estate — making abortion clinics impossible to place.

“It’s important to understand bans as a complex strategy that includes gestational limits as well as limitations on who can provide care and where,” she said.

Shifting abortion laws across the U.S. have made “ban” an increasingly common term. Forty-one states now ban abortion at different points in pregnancy — 14 enforce total bans, three enforce six-week bans and others restrict abortion before fetal viability.

Stormer, from the University of Maine, pointed to Arizona’s Supreme Court reinstating an 1864 law that completely banned abortion. (It has since been repealed. ) At the time the law was written, conception was not well understood, and there was no clear sense of fertilization or how it worked.

“Reinstating that law was a great example of how the conflict over abortion has remained steady and largely recognizable, but its terms and understandings have been constantly moving, which says something,” Stormer said. “So, specific words do important work, but they do not capture what is happening rhetorically, in my opinion. The moving terminologies are the waves crashing, but the tides are the thing.”

This fact check was originally published by PolitiFact , which is part of the Poynter Institute. See the sources for this fact check here .

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Is There a Constitutional Right to Talk About Abortion?

A woman peering over a barrier with an empty speech bubble coming out of her mouth.

By Linda Greenhouse

Ms. Greenhouse, the recipient of a 1998 Pulitzer Prize, reported on the Supreme Court for The Times from 1978 to 2008 and was a contributing Opinion writer from 2009 to 2021.

There has hardly ever been as fierce a defender of free speech as the current Supreme Court.

Since John Roberts became chief justice almost 19 years ago, the court has expanded the protective net of the First Amendment to cover such activities as selling videos depicting animal torture, spending unlimited amounts of money in support of political candidates and refusing to pay dues (or a dues-like fee) to a public employee union.

This last decision, Janus v. American Federation of State, County and Municipal Employees, Council 31, overturned a 41-year-old precedent and led a dissenting justice, Elena Kagan, to accuse the majority of “weaponizing the First Amendment.” In the 303 Creative case last year, the court gave a Christian web designer the First Amendment right not to do business with would-be customers whose same-sex wedding websites would violate her views about marriage.

The court’s version of free speech has become a powerful tool against government regulation. Six years ago, effectively striking down a California law, the court gave so-called crisis pregnancy centers — offices that try to imitate abortion clinics but strive to persuade women to continue their pregnancies — a First Amendment right not to provide information on where a woman could actually get an abortion. The state said the notice was needed to help women who came to such centers under the false impression that they provided abortions. In his majority opinion, Justice Clarence Thomas said the “unduly burdensome” requirement amounted to unconstitutionally compelled speech.

Now the question is whether the court’s solicitude toward those who would rather not talk about abortion extends in the other direction. What about state laws that prohibit rather than require offering information about where to get an abortion?

While there is not yet such a case on the Supreme Court’s docket, lower courts have been tightening a First Amendment noose around efforts by anti-abortion states to curb the flow of information about how to obtain legal abortion care across state lines. Federal District Courts in Indiana and Alabama both ruled this month that while states in the wake of Roe v. Wade’s demise can ban abortion, they cannot make it illegal to give abortion-related advice, including advice to minors seeking abortions without parental consent.

A federal magistrate judge issued a similar ruling last November on Idaho’s abortion law, one of the most extreme in the country, which makes it a crime to assist a minor in obtaining an abortion in any state without a parent’s consent. Idaho could criminalize abortion, the judge, Debora Grasham, wrote. “What the state cannot do,” she went on, “is craft a statute muzzling the speech and expressive activities of a particular viewpoint with which the state disagrees under the guise of parental rights.” The United States Court of Appeals for the Ninth Circuit heard Idaho’s appeal on May 7.

With the Supreme Court extremely unlikely to revisit its decision 23 months ago in Dobbs v. Jackson Women’s Health Organization that eradicated the constitutional right to abortion, the question of how far states can go to prevent their citizens from finding alternative ways to terminate a pregnancy will become increasingly urgent. In his concurring opinion in the Dobbs case, Justice Brett Kavanaugh raised the question of whether a state could now “bar a resident of that state from traveling to another state to obtain an abortion.” The answer was “no,” he continued, “based on the constitutional right to interstate travel.” It is worth noting that Justice Kavanaugh wrote only for himself; none of the other conservatives who made up the Dobbs majority joined him. “Other abortion-related legal questions may emerge in the future,” Justice Kavanaugh offered noncommittally.

The future arrived quickly enough in the form of the two abortion-related cases awaiting decision before the court’s current term, which concludes at the end of June or in early July. Both are anomalous in that they involve questions of federal rather than state authority.

One, Food and Drug Administration v. Alliance for Hippocratic Medicine , concerns the government’s approval of the expanded use of the medication that first received F.D.A. approval 24 years ago. Medication abortion now accounts for more than half of abortions in the United States. The case contains an off-ramp for the court that, based on the argument in March, the justices appear likely to take: Because the anti-abortion doctors, dentists and medical groups who challenged the F.D.A. suffered no harm from the availability of the medication, and are unlikely to suffer harm in the future, they never had standing to bring the case in the first place.

The other, Moyle v. United States, results from a clash between the federal government and Idaho over whether federal law requires the state to provide emergency abortion care in its hospitals. The outcome largely depends on whether the court accepts the Biden administration’s view that there is no abortion exception to the law at issue, which prohibits hospitals from turning away people who need emergency care.

In the abortion cases in Indiana, Idaho and Alabama that may yet find their way to the Supreme Court, the justices would face the acute dilemma of reconciling their fealty to the First Amendment with the profound anti-abortion sentiment the Dobbs majority opinion displayed.

In defending their laws, the states argue that what they are prohibiting is not actually speech but conduct, namely inducing criminal activity. Rejecting this argument in the Indiana case, Judge Sarah Evans Barker of Federal District Court wrote that the Planned Parenthood affiliate that challenged the law simply “seeks to provide truthful information to clients regarding out-of-state options and medical referrals to out-of-state providers for abortion services that are legal in those states.” A prohibition on providing such information, the judge said, “does not further any interest Indiana may have in investigating criminal conduct within its borders.” In the Alabama case, another Federal District Court judge, Myron Thompson, observed that “unable to proscribe out-of-state abortions, the attorney general interprets state law as punishing the speech necessary to obtain them.”

From the cases they are in the process of deciding this term, the justices are well aware that their effort to wash their hands of the nettlesome business of abortion has failed. One or more of the First Amendment cases is likely to reach the court during its next term. I wonder if the justices have a clue about how much pain lies ahead when they have to decide whether the right to speak inevitably encompasses the right to choose.

Linda Greenhouse, the recipient of a 1998 Pulitzer Prize, reported on the Supreme Court for The Times from 1978 to 2008 and was a contributing Opinion writer from 2009 to 2021.

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips . And here’s our email: [email protected] .

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Opinion: Why abortion is on the ballot everywhere

E ditor’s Note: Mary Ziegler ( @maryrziegler ) is the Martin Luther King Jr. Professor of Law at UC Davis. She is the author of “Dollars for Life: The Antiabortion Movement and the Fall of the Republican Establishment” and “ Roe: The History of a National Obsession.” The views expressed in this commentary are her own. Read more opinion on CNN.

The 2024 election has prompted an avalanche of stories about the places where abortion is on the ballot. Usually, these stories zero in on the states that are likely to have reproductive rights propositions on the ballot in November (such a ballot initiative is already going forward in two states, Florida and Maryland, and additional measures could be on the ballot in ten other states by the fall).

Ballot initiatives are certainly important. In states with gerrymandered legislatures and limited partisan competition, such measures allow voters to set abortion policy directly .

But the received wisdom underestimates the extent to which abortion is on the ballot in every state — even when there is no ballot initiative that poses the question to voters directly.

In some states that already have or could soon have state constitutional protections, the 2024 election will determine whether state legislatures and the many Supreme Court justices who face some kind of election, will interpret state court decisions in line with the will of voters. And then there is the simple reality that a possible federal backdoor ban could preempt any state protections voters create .

These tensions are higher because of two pending US Supreme Court cases on abortion. One, a challenge to nationwide access to mifepristone, a drug used in more than half of all abortions, appears likely to be dismissed because the plaintiffs don’t have standing to sue . The result in a second case, on access to abortion in medical emergencies, is harder to predict — but could very well allow states to limit access to abortion for more pregnant patients facing medical emergencies .

Ultimately, 2024 will likely be taken as critical evidence by both Democrats and Republicans about how much the abortion issue matters. If voters put former President Donald Trump back in the White House and award Republicans control of the House, Senate or both, pundits will read that — rightly or wrongly — as a sign that the electorate does not care that much about reproductive rights after all. All of this means that abortion is on the ballot in far more — and more consequential — ways than in decades.

Start with the complexities of state elections. If a ballot initiative on reproductive rights passes, there will be open questions about how the measure will be implemented and interpreted. In Florida, for example, voters approved Amendment 4 , which restored the voting rights of former felons after they served their time. But in implementing Amendment 4, the Florida legislature created legislation requiring that former convicts pay off certain legal financial obligations before their rights were restored — a hurdle that prevented many Floridians from voting .

If states pass a ballot initiative on reproductive rights, hostile legislatures could likewise pass legislation testing the limits of new constitutional protections — for example, by imposing limits claimed to help women. That means that state legislative majorities and governors will have a good deal to say about abortion policy in a state, even if a ballot initiative passes.

The same is true of state Supreme Court elections. State courts are tasked with interpreting the open-seeming terms of ballot initiatives — and determining whether they would permit specific restrictions. Most state Supreme Courts require their judges to face some sort of election.

Critical partisan races in states like Ohio, Wisconsin and Michigan will determine the balance of power on state Supreme Courts . Retention elections , which tend to reward incumbents, can also produce surprises, especially when a state court hands down an unpopular, high-profile ruling . State courts will decide whether to interpret a ballot initiative to permit more regulation — or even whether a state constitution protects the personhood and fetuses and embryos and thus potentially prohibits abortion or IVF.

If state legislatures or judges can gut ballot initiatives, a Republican president might set the stage for a federal ban that would preempt state constitutional protections. Conservative activists who worked in the first Trump Administration (and who remain close to the former president) have promised that Trump’s Department of Justice would interpret the Comstock Act, a 1873 obscenity law, as a de facto ban on all abortions and prosecute doctors and drug companies across the country, even in states where reproductive rights are protected .

If Trump wins office, embraces this argument and convinces the Supreme Court to agree with his interpretation, the Comstock Act, as a federal law, could override any state protections voters create. Trump has been asked repeatedly about the Comstock Act and has thus far refused to answer the question — a telling omission given his public position that the states, not the federal government, should decide the abortion question.

And significantly, the 2024 election will be taken as a bellwether about whether voters actually care about issues related to reproductive rights. For years, conventional wisdom suggested that most voters opposed criminalizing abortion — especially early in pregnancy— but that reproductive health issues were a top priority only for a relatively small fraction of the electorate . That made Republicans comfortable tying themselves to the antiabortion movement, even if that movement’s favored laws were unpopular: most voters may disagree, but few seemed to prioritize the issue.

That assumption no longer seemed to hold true after the Dobbs decision. Democrats’ position on abortion seems to have prevented a widely expected red wave in the 2022 midterm . Voters who supported reproductive rights began ranking the issue as one of the most critical to their decision . It is for that reason that President Joe Biden and others have made reproductive rights so central to their campaigns .

If Trump wins, pundits — and the GOP — will conclude that voters do not care much about reproductive issues after all. Republicans, who have been caught between the demands of base voters opposed to abortion and the majority unhappy with the status quo, will be sorely tempted to read a Trump win as a way out. Many Republicans will want to give the antiabortion movement more of what it wants without consequences. That means that if Trump wins, it could encourage far more aggressive actions on abortion by Republicans across the country.

So it is absolutely right to think that abortion is on the ballot. But if anything, the stakes are far higher than the fight over ballot measures would suggest.

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Mary Ziegler - Bill Lax/Bill Lax/FSU Photography Service

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Legalization of abortion
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