{"id":351969,"date":"2016-04-04T11:02:46","date_gmt":"2016-04-04T16:02:46","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/reproductive-rights\/abortion-and-the-law-background.html"},"modified":"2024-06-26T14:48:00","modified_gmt":"2024-06-26T19:48:00","slug":"abortion-and-the-law-background","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/reproductive-rights\/abortion-and-the-law-background.html","title":{"rendered":"Abortion History in the U.S."},"content":{"rendered":"\n
\n \n
\n

Abortion History in the U.S.<\/h1>\n
\n
\n By Eric Harvey, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

The history of abortion in the United States pre-dates Roe v. Wade<\/i>. Abortions went unregulated until the early 1800s, when many states restricted access to abortion. This changed with the Court’s 1973 decision in Roe <\/i>and changed again 49 years later when the Court overturned Roe <\/i>in 2022. <\/p>\n\n <\/div>\n\n

Abortion laws have shifted. In 1973, the U.S. Supreme Court (SCOTUS)\u00a0recognized a constitutional right to get an abortion. But in June 2022, SCOTUS rejected that understanding of the U.S. Constitution.
\r\n<\/p>\r\n

It is still legal under federal law to get an abortion. Yet, individual\u00a0states now have the final say on its availability and restrictions.<\/p>\r\n

Abortion occurs when an embryo or fetus is expelled from a woman’s body before birth.\u00a0Abortions can be spontaneous or induced. Discussions about abortions, in the legal context, usually involve induced abortions. These are also called \u201cintentional" abortions.<\/p>\r\n

Abortion in the United States has always been a divisive issue. Under consideration is a\u00a0woman’s right to choose to get an abortion<\/a>. In this article, learn about the history of abortion rights in the United States.\u00a0\u00a0<\/p>\r\n

Early History of Abortion in the United States<\/h2>\r\n

Abortion regulation began before the founding of the United States. The common law of England permitted abortions before the fetus "quickened." This term described the mother’s first feeling of the fetus moving in her uterus. Typically, quickening occurs between the sixteenth and twentieth weeks of pregnancy.<\/p>\r\n

Laws for abortions<\/a>\u00a0did not exist in the U.S.\u00a0until the 1800s. Women weren’t\u00a0allowed to vote<\/a>, become doctors, or join the American Medical Association (AMA).\u00a0The AMA aimed to get rid of midwives at that time. It agreed with\u00a0religious leaders in campaigning to outlaw abortion.<\/p>\r\n

In 1821, Connecticut passed the first anti-abortion law in the United States. By the 1880s, all states had laws criminalizing abortions, and these laws stayed intact until the latter half of the Twentieth\u00a0Century.<\/p>\r\n

Health Hazards Sparked Legal Advocacy\u00a0<\/h2>\r\n

In the nineteenth century, abortions were generally unsafe. The women who managed to survive abortions often became sterile.\u00a0<\/p>\r\n

The twentieth century brought global changes to abortion care. In other countries,\u00a0abortions were legal and generally safe. But in the United States, the lack of rights forced women to undergo illegal abortions and risk permanent injury or death.<\/p>\r\n

Abortion rights advocates argued that abortion bans lead to unsafe procedures, as evident in the past.\u00a0When abortions are legal, people can get them without evading the law. People tend to get safe abortions at clinics and through doctors where it is accessible.<\/p>\r\n

Unsafe abortions weren’t the only cause of health risks. The lack of safe abortion care also affected parents and children.<\/p>\r\n

In the 1960s, babies were increasingly born with birth defects<\/a>. This spike was partly due to the anti-nausea drug\u00a0thalidomide<\/a>\u00a0and a German measles, or rubella, outbreak. Women wishing to avoid serious congenital disabilities couldn’t seek legal abortions. This problem brought more attention to the issue of abortion.<\/p>\r\n

Abortion Laws Changed As Advocacy Rose<\/h2>\r\n

Beginning in the mid-twentieth century, U.S. abortion history took a turn. Women’s groups, doctors, and lawyers organized a movement to\u00a0reform abortion laws<\/a>. Reformers explained how women’s inability to control their reproductive lives worsened inequalities between men and women. The post-World War II population explosion also increased awareness about the need to limit family size.<\/p>\r\n

Women’s rights organizations, including the\u00a0National Organization for Women<\/a>\u00a0(NOW), lobbied for abortion law reform. They filed lawsuits when lobbying efforts failed. States responded by\u00a0reforming their laws about abortion.<\/p>\r\n

In 1970, New York became the first state to legalize abortion. Women’s rights groups continued to fight for unfettered access to abortion services. Anti-abortion groups fought back, arguing that a woman’s\u00a0right to reproductive freedom<\/a>\u00a0is no greater than the right of an unborn child to be born.<\/p>\r\n

People historically discussed the issue of access to abortion as one of women’s rights. But not only women have the biological capacity to reproduce. Cisgender women, transgender men, and some nonbinary people have this biological capacity. Restrictions on access to abortion can have consequences for everyone’s due process and privacy rights. Modern advocacy has expanded to include more of these considerations.<\/p>\r\n

Roe v. Wade <\/i>Established Federal Abortion Rights<\/h2>\r\n

In 1973, the U.S. Supreme Court decided the landmark abortion case of\u00a0Roe v. Wade<\/i><\/a>.\u00a0This case was the first in U.S. history that established a constitutional right to an abortion.<\/p>\r\n

An unmarried pregnant Texas woman sought an abortion, but Texas law denied her. She challenged the law in federal court, which determined three important things:<\/p>\r\n