The United States abortion-rights movement (also known as the pro-choice movement) is a sociopolitical movement in the United States supporting the view that a woman should have the legal right to an elective abortion, meaning the right to terminate her pregnancy, and is part of a broader global abortion-rights movement. The movement consists of a variety of organizations, with no single centralized decision-making body.
A key point in abortion rights in the United States was the U.S. Supreme Court's 1973 decision in Roe v. Wade, which struck down most state laws restricting abortion, thereby decriminalizing and legalizing elective abortion in a number of states. On June 24, 2022, Roe v. Wade was overruled in Dobbs v. Jackson Women's Health Organization.
On the other side of the abortion debate in the United States is the anti-abortion movement (self-described as the "pro-life movement"), which holds the belief that human embryos and fetuses have a right to life, and abortion violates this right and should be outlawed or otherwise restricted. Within this group, many argue that human personhood begins at conception, a position rejected by many abortion rights groups.
Overview
Abortion-rights advocates argue that whether or not a pregnant woman continues with a pregnancy should be her personal choice, as it involves her body, personal health, and future. They also argue that more availability of legal abortions reduces the exposure of women to the risks associated with illegal abortions. More broadly, abortion-rights advocates frame their arguments in terms of individual liberty, reproductive freedom, and reproductive rights. The first of these terms was widely used to describe many of the political movements of the 19th and 20th centuries (such as in the abolition of slavery in Europe and the United States, and in the spread of popular democracy) whereas the latter terms derive from changing perspectives on sexual freedoms and bodily integrity.
Abortion-rights supporters rarely consider themselves "pro-abortion" because they consider termination of a pregnancy as a bodily autonomy issue, and find forced abortion to be as legally and morally indefensible as the outlawing of abortion. Indeed, some who support abortion rights consider themselves opposed to some or all abortions on a moral basis, but believe that abortions would happen in any case such that legal abortion under medically controlled conditions is preferable to illegal back-alley abortion without proper medical supervision. Such people believe the death rate of women due to such procedures in areas where abortions are only available outside of the medical establishment is unacceptable.
Some who argue from a philosophical viewpoint believe that an embryo has no rights as it is only a potential, not actual, person and that it should not have rights that override those of the pregnant woman at least until it is viable.
Many abortion-rights campaigners also note that some anti-abortion activists also oppose practices that correlate with less demand for abortion, namely sex education and the ready availability of contraception. Proponents of this argument point to cases of areas with limited sex education and contraceptive access that have high abortion rates, either legal or illegal. Some women also travel to another jurisdiction or country where they may obtain an abortion. For example, a large number of Irish women would visit the United Kingdom for abortions. For instance, Belgian women who travelled to France before Belgium legalized abortion. Similarly, women would travel to the Netherlands when it became legal to have abortions there in the 1970s.
The majority of Americans, despite what side of politics they are on, believe that abortion should be legal circumstantially. Some people who support abortion rights see abortion as a last resort and focus on situations where they feel abortion is a necessary option. Among these situations are those where the woman was raped, her health or life (or that of the fetus) is at risk, contraception was used but failed, the fetus has acute congenital disorder and defects, incest, financial constraints, or she feels unable to raise a child. One common reason women give for terminating unintended pregnancies is that having a baby would prevent them from achieving goals, such as pursuing an education. Some abortion-rights moderates, who would otherwise be willing to accept certain restrictions on abortion, feel that political pragmatism compels them to oppose any such restrictions, as they could be used to form a slippery slope against all abortions. On the other hand, even some abortion rights advocates feel uncomfortable with the use of abortion for sex-selection, as is practiced in some countries, such as India.
History
Prior to 1973, abortion rights in the United States were not seen as a constitutional issue. Abortion was seen as a purely state matter, all of which had some type of restrictions. The first legal restrictions on abortion appeared in the 1820s, forbidding abortion after the fourth month of pregnancy. A number of early feminists expressed skepticism about outlawing abortion. They disliked abortion but thought anti-abortion laws did not apply "the proper remedies", according to one nineteenth-century women's rights pioneer. By 1900, legislators at the urgings of the American Medical Association (AMA) had enacted laws banning abortion in most U.S. states. The AMA played a vital role in stigmatizing abortions by using their status and power to create a moral stance against abortion. The AMA viewed abortion providers as unwanted healthcare competitors. Due to the high maternal morbidity and mortality rates caused by back alley abortions, physicians, nurses, and social workers pushed for legalization of abortion from a pro-public health perspective. Support for abortion rights went beyond feminists and medical professions. The broad support for legalizing abortion in the 1960s also derived from certain religious leaders. For example, there were 1,400 clergy operating on the East Coast for the Clergy Consultation Service on Abortion—an underground network that connected women seeking abortions to doctors—during the 1960s. As the historian Christine Stansell explained, many religious leaders came to approach the abortion rights argument from a position of individual conscience instead of from dogma by witnessing the "strains unwanted pregnancies put on members of their congregations".
In its landmark 1973 case Roe v. Wade, in which a woman challenged the Texas laws criminalizing abortion, the U.S. Supreme Court reached two important conclusions:
That state abortion laws are subject to the due process clause of the Fourteenth Amendment to the United States Constitution; and That the procurement of an abortion was a constitutional right during the first and second trimesters of a pregnancy based on the constitutional right to privacy, but that the state's interest in protecting "potential life" prevailed in the third trimester unless the woman's health was at risk. In subsequent rulings, the Court rejected the trimester framework altogether in favor of a cutoff at the point of fetal viability (cf. Planned Parenthood v. Casey). The outcome of Roe V. Wade divided Americans over the issue of abortion and the laws surrounding it. The issue became highly politicized as the Democratic and Republican parties took more polarized positions on abortion policy. The Democratic party advocated for abortion rights, while the Republican party supported the anti-abortion side.
In the 2010s, the Abortion-rights movement faced setbacks as more anti-abortion policies were beginning to be passed across various state legislatures. In 2015, the successes of the anti-abortion movement generated more anti-abortion policies in various states. During the first quarter of 2015, 322 provisions were introduced in multiple state legislatures. These new provisions included implementing existing laws like Targeted Restrictions on Abortion Providers laws (TRAP) that require abortion providers to meet the standards of an ambulatory surgical, prohibit state fund use on abortions, mandate counseling before an abortion, require waiting periods, parental involvement for minors, and restriction of abortion coverage in private insurance. Since 2000, the number of states that enacted more restrictive abortion policies has grown from 13 to 27 in 2013. The anti-abortion movement assisted in electing governors and policymakers that are more favorable towards their viewpoint. The election of these officials helped solidify party control of anti-abortion Republicans in both houses of state legislatures. In 2015, 31 of the 50 governors in the U.S. and two-thirds of the state legislatures they controlled held strong favorability towards anti-abortion policy. The majority of these anti-abortion states were concentrated in the southern and midwestern regions of the United States.
The outcome of the Dobbs v. Jackson Women's Health Organization case in 2022 led to trigger laws being enacted and the formation of new laws that involve anti-abortion policy. More than 470 abortion restriction policies were passed compared to 70 abortion protective policies that were passed across various state legislatures after the Dobbs case. Restrictive state abortion policy varied across the country, but a majority of laws heavily restricting or banning abortion were enacted in the southern and midwestern regions of the United States. Indiana was the first state in the country to ban abortion at zero weeks. States that have implemented new laws present new legal challenges for patients and clinicians.
Abortion-rights groups are active in all American states and at the federal level, campaigning for legal abortion and against the reimposition of anti-abortion laws, with varying degrees of success. Only a few states allow abortion without limitation or regulation, but most do allow various limited forms of abortion.
In the wake of extreme abortion restrictions in states like Georgia, Texas, Alabama, Missouri and Ohio, transgender, intersex and other gender-nonconforming people felt forgotten in this movement.
Abortion is one of the most common medical interventions undergone by women aged 15–44. In the US, childbirth carries a risk of death about 14 times higher than abortion.
The Democratic Party's platform endorses the abortion-rights position, stating that abortion should be "safe and legal". Not all Democrats agree with the platform, however, and there is a small anti-abortion faction within the party, expressed in such groups as Democrats for Life of America. Similarly, there is a small abortion-rights faction within the Republican Party. The Libertarian Party platform holds "that government should be kept out of the matter" of abortion.Plank 1.5 Abortion, at Libertarian Party website.
Roe v. Wade Roe v. Wade was an essential court case in the U.S. abortion rights movement. The case was first tried in June 1970 by a Texas district court. The court ruled that Texas' law for abortions was unconstitutional and was appealed to the United States Supreme Court. This particular law made it a crime to have an abortion unless the mother's life would be in danger if she had the child. This issue was brought to the U.S. Supreme Court when a woman in Texas by the name of Norma McCorvey wanted to get an abortion. In the case, she was given the pseudonym "Jane Roe", and Henry Wade was the district attorney of Dallas County who the case was against. A lawsuit was filed on behalf of McCorvey by her lawyers, Linda Coffee and Sarah Weddington, claiming that particular articles for the Texas penal code, 1191-1194 and 1196, were unconstitutional. The lawyers' stance was that these articles took away a women's right to choose which went against the U.S. Constitution's Ninth Amendment.