Abortion in the United States is legal, through a landmark case of Roe v. Wade . In particular, legal abortion in all US states, and each state has at least one abortion clinic. However, each country may regulate/restrict the use of abortion or create a "trigger law", which would create an illegal abortion in the first and second trimesters if Roe is annulled by the US Supreme Court. Currently, 6 states have triggered the law and 3 other countries have laws that intend to criminalize abortion. In accordance with the US Supreme Court case of Planned Parenthood v. Casey (1992), countries can not place legal restrictions that impose undue burden for "the purpose or effect of placing a substantial obstacle in the path of women seeking abortive fetal abortion."
Video Abortion in the United States by state
Current legal status nationally
The current legal interpretation of the US Constitution on abortion in the United States, following the decision of the 1973 United States Supreme Court decision on Roe v. Wade , and the next companion decision, is that abortion is legal but may be limited by the state to varying degrees. States have passed legislation to restrict late abortion, require parental notice for minors, and mandate of disclosure of risk information of abortion to patients prior to the procedure.
Key, the deliberate article of the US Constitution is the Fourteenth Amendment, which states that
All persons born or naturalized in the United States, and subject to their jurisdiction, are citizens of the United States and the State in which they live. No State shall make or enforce any law which will bring down the privileges or immunities of US citizens; nor shall any State remove any person from soul, liberty or property, without due process of law; or deny to anyone within its jurisdiction the same legal protection.
The official US Senate Honorary Committee report, issued in 1983 after an extensive hearing on the Amendment of Human Life (proposed by Senators Orrin Hatch and Thomas Eagleton), states:
Thus, the [Judiciary] Committee observes that there is no significant legal obstacle in any form currently available in the United States for a woman to have an abortion for any reason during each stage of her pregnancy.
One aspect of the current legal abortion regime in place has determined when a "proper" fetus is outside the womb as a measure when the "life" of a fetus is its own (and therefore can be protected by the state). In majority opinion submitted by the court at Roe v. Wade , viability is defined as "potentially able to live outside the womb of a woman, even with artificial help." Survival is usually placed in about seven months (28 weeks, about 196 days) but may occur earlier, even at 24 weeks. "When the court ruled in 1973, medical technology prevailed at the time showed that viability could occur as early as 24 weeks. Progress over the last three decades has allowed the fetus a few weeks less than 24 weeks to survive outside the womb of a woman. This scientific achievement, while saving lives for premature babies, has made the determination of being "feasible" somewhat more complicated. The youngest child allegedly survived by preterm birth in the United States is Amillia Taylor (born October 24, 2006 in Miami, Florida, at 21 weeks and 6 days, about 153 days vs. the possibility of 40 weeks' gestation period, about 280 days).
Compared to other developed countries, this procedure is more available in the United States in terms of how long an abortion can be done legally. However, in terms of other aspects such as government funding, privacy for adults, or geographic access, some US states are much more restrictive. In most European countries abortion on request is permitted only during the first trimester, with abortion during the final stages of pregnancy permitted only for certain reasons (eg physical or mental health reasons, risk of birth defects, if the woman is raped, etc.). The reason that a woman seeking abortion after the first trimester varies by country, for example, some countries, such as Denmark, offer a variety of reasons, including social and economic reasons.
There are no laws or limitations governing abortion in Canada, while abortion laws in Australia vary by state/territory. In many countries, abortion rights have been ratified by their respective parliaments, while in the US the right to abortion has been considered part of the constitutional right to privacy by the Supreme Court.
Due to a split between federal and state law, the legal access to abortion continues to vary by state. Geographic availability, however, varies dramatically, with 87 percent of US territory lacking an abortion provider. In addition, due to the Hyde Amendment, many state health programs for poor women relying on their health care do not include abortion; currently only 17 states (including California, Illinois, and New York) are offering or requesting such coverage.
Case 1992 Planned Parenthood v. Casey canceled Roe's strict trimester formula, but re-emphasized the right to abortion based on the general sense of freedom and privacy being protected under the Fourth Amendment Clause Fourth Amendment of the Constitution of the United States: "If the right privacy means anything, it is the right of the individual, married or single, to be free from unreasonable government disruption into matters that fundamentally influence a person as to whether to give birth or to give birth to a child. "Advances in medical technology mean that the fetus can is considered viable, and thus has some basis for the right to life, at 22 or 23 weeks rather than on the more general 28 by the time Roe is decided. For this reason, the old trimester formula is ruled obsolete, with a new focus on fetal survival.
Since 1995, headed by the Republican Party of Congress, the US House of Representatives and the US Senate have moved several times to pass measures that prohibit dilation and extraction procedures intact, also commonly known as partial birth abortions. After some lengthy and emotional debates on the issue, these steps went by double-width margins, but President Bill Clinton vetoed the bill in April 1996 and October 1997 on the grounds that they did not include health exemptions. Congressional supporters of the RUU argue that a health exemption would make the bill unworkable, as the decision of Doe v. Bolton defines "health" in vague terms, justifying any motive for getting an abortion. The next congressional effort to override the veto was unsuccessful.
On October 2, 2003, with a vote of 281-142, the Parliament once again approved an act that prohibited the procedure, called the Partial-Birth Act of Abortion . Through this law, a doctor can face two years in prison and face a civil suit to have such an abortion. A woman undergoing a procedure can not be prosecuted under a meter. This step contains exceptions to allow the procedure if the woman's life is threatened.
On October 21, 2003, the United States Senate passed the same bill with a 64-34 vote, with some Democrats joining in support. The bill was signed by President George W. Bush on November 5, 2003, but a federal judge blocked its enforcement in some countries just hours after it became a public law. The Supreme Court upheld the national ban on procedures in the case of Gonzales v. Carhart on April 18, 2007. Decision 5-4 says the Partial Conditional Abolition Act Act does not contradict the previous Court's decision on abortion.
The ruling marks the first time the court has allowed the ban of any kind of abortion since 1973. The swing vote, which comes from moderate justice Anthony Kennedy, joins Judge Antonin Scalia, Clarence Thomas, and two newly appointed Samuel Alito and Chief Justice John Roberts.
Maps Abortion in the United States by state
Country-related abortion regulatory initiatives
The following countries have initiatives on abortion:
Colorado
The initiative is jointly proposed by Kristine Burton and Michael Burton of Colorado for Equal Rights. The Colorado Amendment 48 is the proposed initiative to change the definition of a person to "every human being from the moment of conception." On November 4, 2008, the initiative was rejected by 73.2% of voters.
Kansas
Kansas MPs approve sweeping abortion laws (HB 2253) on April 6, 2013 which says life begins at conception, prohibits gender-based abortion and prohibits Planned Parenthood from providing sex education in schools.
By 2015, Kansas became the first country to ban widening and evacuation procedures, a second-trimester abortion procedure in general. But the new law was then beaten in January 2016 without ever being enacted.
Louisiana
On June 19, 2006, Governor Kathleen Blanco signed a law banning most forms of abortion (unless the mother's life was in danger or her health would be permanently damaged) after passing the state legislature. Though he feels the exception to rape or incest will "make sense," he feels he should not veto on those grounds. The bill will only apply if the United States Supreme Court reverses Roe v. Wade. The size of Louisiana will allow prosecution of anyone who did or assisted in an abortion. Penalties include up to 10 years in prison and a maximum fine of $ 100,000.
Mississippi
On February 27, 2006, the Mississippi House Public Health Committee decided to approve the ban on abortion, and the bill died after the House and Senate failed to agree on a compromise law.
On 8 November 2011, the Personhood amendment, to define the personality as the beginning "at the time of conception, cloning, or functional equation," was rejected by 55% of voters.
On March 20, 2018, the federal district court in Mississippi suspended the enforcement of a new state law that prohibits the performance of abortion as soon as the fetus's pregnancy is over 15 weeks old.
North Dakota
North Dakota HB 1572 , otherwise known as the Personhood of Children Act , is a bill on the North Dakota Legislature aimed at "providing equality and rights to all human beings at every stage of biological development". This step can finally eliminate all types of abortion for almost any reason in the state of North Dakota. It will allocate rights "born, partially born." If it has passed, it may be used to challenge Roe v. Wade .
This law, sponsored by the State Representative And Ruby, passed the North Dakota Representative Council on February 17, 2009 in a 51-41 vote. On April 3, 2009, the North Dakota Senate rejected HB 1572 in 29 to 16 votes.
Oklahoma
In 2016, Oklahoma state lawmakers passed a law to criminalize abortion for service providers, potentially charging them up to three years in prison. On May 20, 2016, Governor Mary Fallin vetoed the bill before it could become law, citing his words for being too vague to face legal challenges.
South Dakota
In 2004, a bill banning abortion passed the two legislative assemblies, but was vetoed by the governor due to technical problems. The state legislature then passed five laws that restricted the legality of abortion in 2005. The majority of the legislative "task force" then issued a report recommending that the Legislature eradicate all abortions, which would lead to the challenge of constitutionality of Roe v. Wade in the United States Supreme Court. A separate minority report that criticized the process and reached different conclusions was also released.
In February 2006, the Legislature adopted the Law on the Protection of Health and Human Life, signed into law by Governor Mike Rounds on March 6, 2006. This law would prohibit abortion in virtually every circumstance , including in cases of rape and incest. The law allows "medical procedures designed or intended to prevent the death of a pregnant mother." Doctors who perform such procedures will be required to "... make reasonable medical efforts in a state to maintain the life of the mother and the life of the unborn child."
This act specifically defines pregnancy as early at the point of conception rather than implantation to the uterine wall (see early pregnancy controversy), which may mean that WHHLPA is applied to emergency contraception and possibly all forms of hormonal contraception.
Some members of the majority of South Dakota's legislature, as well as the Governor's Rounds, acknowledged that the WHHLPA's real purpose was to have the Supreme Court cancel Roe according to the task force's recommendations (the Supreme Court at that time shifted towards conservative, which might be easier to to reverse Roe ).
A referendum to repeal Women's Health and Human Health Protection Act was placed in a statewide election vote in November 2006 due to a successful petition by the South Dakota Healthy Families organization. On May 30, more than 38,000 petition signatures were submitted, more than twice the 17,000 needed to place a measure on the ballot. On 7 November, WHHLPA was revoked by South Dakota voters; vote is 56% -44% support retraction.
Texas
Case Roe v. Wade, on trial in Texas, became the center of a national debate on the issue of abortion. Henry Wade served as Dallas District Attorney at the time. In 2013, a bill restricting access to abortion was passed. Due to the passage of the bill, access to abortion in the state of Texas has declined substantially.
On August 29, 2014. District Judge Lee Yeakel rejected as two unconstitutional provisions of the Texas omnibus anti-abortion bill, House Bill 2 which came into effect on 1 September. The rule will close about a dozen abortion clinics, leaving only eight places in Texas to get legal abortions, all located in big cities. Judge Lee Yeakel ruled that state regulations were unconstitutional and would place undue burdens on women, especially on poor and rural women living in west Texas and the Rio Grande Valley.
Country table
Prohibition of abortion
Abortion limit
Abortion protection
See also
- Abortion statistics in the United States
- Abortion by country
- Abortion and religion
- The abortion debate
- Type of abortion restrictions in the United States
References
External links
- Legal
- Full Text Roe v. Wade Decision
- Abortion Law at AOL
- Interactive map compares abortion of US abortion by state
- Country Policy on Abortion Later Guttmacher Institute
Source of the article : Wikipedia
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