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Abortion in Georgia (U.S. state)

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Abortion in Georgia is legal. Access to abortion correlates to a number of other women's health rights issues, including maternal death, insured pregnant women, infant and child deaths, teen drug and alcohol abuse, and cancer screening. 48% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases; just over 50% of white women in the state believed that abortion be illegal in all or most cases. By 1900, a therapeutic exception existed in the state's legislative ban on abortions. In the late 1960s and early 1970s, reforms were made by the legislature to its abortions laws. The state passed a law in the 2000s banning abortions before 22 weeks because they alleged that fetus can feel pain.  By 2007, mandatory ultrasound requirements were on the books.  Attempts to ban abortion in almost all cases took place in 2011 and 2012, finally passing in 2019. White women and southern white evangelical Christian women have been some of the biggest supporters of abortion restrictions in the same period.

The number of abortion clinics has been on the decline in recent years, going from 82 in 1982 to 55 in 1992 to 17 in 2014. Because of restrictions, cost issues and lack of clinics in other states, thousands of women came from out of state to have abortions in Georgia in the 2010s.  There were 30,013 legal abortions in 2014, and 31,009 in 2015. There is an abortion rights movement in the state; following the state's 2019, they saw a surge in donations.  Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.  There is also an anti-abortion rights community in the state.  They organized the "Siege of Atlanta" in 1988.  There has also been anti-abortion violence, with Northside Family Planning Services clinic in suburban Atlanta being bombed in January 1997.

Terminology

The abortion debate most commonly relates to the "induced abortion" of an embryo or fetus at some point in a pregnancy, which is also how the term is used in a legal sense.[note 1] Some also use the term "elective abortion", which is used in relation to a claim to an unrestricted right of a woman to an abortion, whether or not she chooses to have one. The term elective abortion or voluntary abortion describes the interruption of pregnancy before viability at the request of the woman, but not for medical reasons.[1]

Anti-abortion advocates tend to use terms such as "unborn baby", "unborn child", or "pre-born child",[2][3] and see the medical terms "embryo", "zygote", and "fetus" as dehumanizing.[4][5] Both "pro-choice" and "pro-life" are examples of terms labeled as political framing: they are terms which purposely try to define their philosophies in the best possible light, while by definition attempting to describe their opposition in the worst possible light. "Pro-choice" implies that the alternative viewpoint is "anti-choice", while "pro-life" implies the alternative viewpoint is "pro-death" or "anti-life".[6] Some right-to-lifers use the term "pro-abort" to refer to pro-choice organizations and individuals.[7] The Associated Press encourages journalists to use the terms "abortion rights" and "anti-abortion".[8]

Context

Free birth control correlates to teenage girls having a fewer pregnancies and fewer abortions. A 20014 New England Journal of Medicine study found such a link.  At the same time, a 2011 study by Center for Reproductive Rights and Ibis Reproductive Health also found that states with more abortion restrictions have higher rates of maternal death, higher rates of uninsured pregnant women, higher rates of infant and child deaths, higher rates of teen drug and alcohol abuse, and lower rates of cancer screening.[9]

In 2017, Georgia, Ohio, Missouri, Louisiana, Alabama and Mississippi have among the highest rates of infant mortality in the United States.[10] In 2017, Georgia  had an infant mortality rate of 7.2 deaths per 1,000 live births.[10] Medicaid expansion under the Affordable Care Act was rejected by Alabama, Georgia, Mississippi and Missouri.  Consequently, poor women in the typical age range to become mothers had a gap in coverage for prenatal care. According to Georgetown University Center for Children and Families research professor Adam Searing, "The uninsured rate for women of childbearing age is nearly twice as high in states that have not expanded Medicaid. [...] That means a lot more women who don’t have health coverage before they get pregnant or after they have their children. [...] If states would expand Medicaid coverage, they would improve the health of mothers and babies and save lives."[10] According to a 2017 report from the Center for Reproductive Rights and Ibis Reproductive Health, states that tried to pass additional constraints on a women's ability to access legal abortions had fewer policies supporting women's health, maternal health and children's health.  These states also tended to resist expanding Medicaid, family leave, medical leave, and sex education in public schools.[10] According to the 2018 America’s Health Rankings produced by United Health Foundation, Georgia ranked 48th in the country when it came to maternal mortality 46.2 deaths per 100,000 live births.[10] According to the 2018 Premature Birth Report Cards, Georgia was given a D.[10]

Poor women in the United States had problems paying for menstrual pads and tampons in 2018 and 2019. Almost two-third of American women could not pay for them. These were not available through the federal Women, Infants, and Children Program (WIC).[11] Lack of menstrual supplies has an economic impact on poor women.  A study in St. Louis found that 36% had to miss days of work because they lacked adequate menstrual hygiene supplies during their period.  This was on top of the fact that many had other menstrual issues including bleeding, cramps and other menstrual induced health issues.[11] This state was one of a majority that taxed essential hygiene products like tampons and menstrual pads as of November 2018.[12][13][14][15]

History

Thousands of women came from out of state in 2015 to get abortions in North Carolina and Georgia. 14.5% of all abortions in Georgia that year were for out-of-state residents, while 7.5% of all abortions performed in North Carolina were performed for out-of-state residents.  This contrasted to neighboring South Carolina, where only 5.9% of abortions performed in the state involved out-of-state residents.[16]

In recent years, white women have played a major role in helping Republican male anti-abortion rights candidates get elected. In 2018, around 75% of white women voted for Republican Brian Kemp and not for Democratic gubernatorial candidate Stacey Abrams. 97% of black women voted for Abrams.[17] One of the biggest groups of women who oppose legalized abortion in the United States are southern white evangelical Christians.  These women voted overwhelming for Trump, with 80% of these voters supporting him at the ballot box in 2016. 88% voted for Kemp in 2018 over Abrams.[17]

With states like Alabama and Georgia passing restrictive abortion laws in early 2019, some businesses announced they would boycott these states.  Other states moved to try to take advantage of this political situation, including New Jersey where Governor Phil Murphy related a statement that said, “New Jersey is open for business for any company that, given the assault on a woman’s right to choose perpetrated by states like Alabama and Georgia, is seeking a home that recognizes basic constitutional rights. [...] New Jersey offers not only a hospitable business climate, but also maintains its progressive values, which include defending a woman’s right to choose. “[18]

Legislative history

Fetal heartbeat bills by state, including time limit without exceptions marked:
  Heartbeat bill passed (to go into effect)
  Law partially passed by state legislature
  Law blocked by court order

By the end of the 1800s, all states in the Union except Louisiana had therapeutic exceptions in their legislative bans on abortions.[19] In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens.[19]

In the late 1960s and early 1970s, Arkansas, Colorado, Georgia, Maryland, New Mexico, North Carolina and Oregon made reforms to their abortion laws, with most of these states providing more detailed medical guidance on when therapeutic abortions could be performed.[19] In 1962, the American Law Institute published their model penal code as it applied to abortions with three circumstances where they believed a physician could justifiably perform an abortion, "If ... there is substantial risk that the continuance of the pregnancy would gravely impair the physical or mental health of the mother or that the child would be born with grave physical or mental defect, or that the pregnancy resulted from rape, incest, or other felonious intercourse."  In 1968, Georgia implemented a version of this could but created an exception where they did not allow abortion in the case of incest.[20]

Dates of when heartbeat laws come into effect (as of May 25, 2019)

The state passed a law in the 2000s banning abortions before 22 weeks because they alleged that fetus can feel pain.[21] The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement.[22] Georgia, Michigan, Arkansas and Idaho all required in 2007 that women must be provided by an abortion clinic with the option to view an image their fetus if an ultrasound is used prior to the abortion taking place.[23] Informed consent materials about fetal pain at 20-weeks in Arkansas, Georgia and Oklahoma says, "the unborn child has the physical structures necessary to experience pain."  The Journal of the American Medical Association has concluded that pain sensors do not develop in the fetus until between weeks 23 and 30.[23] Georgia and Wisconsin were two of the only 22 states with written informed consent materials referring women to  "crisis pregnancy centers" which acknowledged these centers did not support or provide women with abortion related services.[23]

In 2011, the state was one of six where the legislature introduced a bill that would have banned abortion in almost all cases.  It did not pass.[24] This was repeated in 2012, where the state was one of three to unsuccessfully try to ban abortion.[24]

The law as of March 2019 required women wait 24 hours after their initial appointment for an abortion before they could have a second appointment for the actual procedure. This could be waived in case of medical emergency, allowing a woman to receive mandatory counselling over the phone or via a website. [25]

Georgia had a six-week abortion ban slated to go into effect in 2019, which will make it illegal to obtain an abortion in the state once the fetus's heartbeat can be detected. The law makes no exception for cases of rape or incest and mandates a penalty in prison for doctors who perform the procedure, noted specifically that this is not referring to the women who get this procedure done.[26]

Rep. Ed Setzler introduced HB 481 in the Georgia House of Representatives on February 25, 2019.[27] A similar bill is expected to be filed in the Georgia State Senate by Sen. Bruce Thompson soon.[28][29] During his campaign for Governor, Brian Kemp, now the Governor of Georgia, "vow[ed] to sign the toughest abortion laws in the country" and when asked about litigation said, "bring it! I'll fight for life at the Capitol and in the courtroom."[30] After being passed in the House on March 7, 2019, HB 481 was passed out of a Senate committee on March 18, 2019.[31][32] It was subsequently passed by the entire state Senate, after which it was narrowly passed by the House 92-78.[33] The bill was signed by Governor Kemp on May 7, 2019, bringing into effect one of the strictest abortion laws in the country at the time.[34] The bill would prohibit abortions after a heartbeat can be detected in a conceptus, which is usually when a woman is six weeks pregnant.[35] Democratic opponent of the Georgia bill, former candidate for Governor Stacey Abrams, called the bill a "forced pregnancy bill."[36] It was one of several states passing such laws in April and May 20, 2019 alongside Missouri, Louisiana and Alabama. The law was a “fetal heartbeat” bill.[37] At the time the bill passed, only 31% of the state legislators were female.[38]

Judicial history

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester.[19][39] In 1973, the US Supreme Court rules in a case named Doe v. Bolton.  The 7 - 2 ruling invalidated the law in Georgia that said women needed to seek and attain permission from three physicians before she could have an abortion performed on her. The Court said Georgia's law put too many restrictions on women seeking to get an abortion, making it unconstitutional.[39][40]

Clinic history

Number of abortion clinics in Georgia by year

Between 1982 and 1992, the number of abortion clinics in the state decreased by 27, going from 82 in 1982 to 55 in 1992.[41] In 2014, there were 17 abortion clinics in the state.[42] In 2014, 96% of the counties in the state did not have an abortion clinic. That year, 58% of women in the state aged 15 – 44 lived in a county without an abortion clinic.[43] In 2017, there were 3 Planned Parenthood clinics in a state with a population of 2,475,985 women aged 15 – 49 of which 2 offered abortion services.[44] In 2018, there was an abortion clinic in Savannah.  Because of its location, it attracted women from South Carolina who were seeking abortions.[16] There was also a clinic in Atlanta. Some women from South Carolina went to this clinic because abortions were substantially cheaper there than in the state of South Carolina.[16]

Statistics

In the period between 1972 and 1974, the state had an illegal abortion mortality rate per million women aged 15 – 44 of between 0.1 and 0.9.[45] In 1990, 796,000 women in the state faced the risk of an unintended pregnancy.[41] In 2010, the state had eight publicly funded abortions, of which were eight federally and zero were state funded.[46] In 2013, among white women aged 15–19, there were  abortions 90, 2,270 abortions for black women aged 15–19, 910 abortions for Hispanic women aged 15–19, and 120 abortions for women of all other races.[47] In 2014, 48% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[48] According to a 2014  Public Religion Research Institute (PRRI) study, just over 50% of white women in the state believed that abortion be illegal in all or most cases.[17]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[49]
Census division and state Number Rate % change 1992 - 1996
1992 1995 1996 1992 1995 1996
South Atlantic 269,200 261,990 263,600 25.9 24.6 24.7 –5
Delaware 5,730 5,790 4,090 35.2 34.4 24.1 –32
District of Columbia 21,320 21,090 20,790 138.4 151.7 154.5 12
Florida 84,680 87,500 94,050 30 30 32 7
Georgia 39,680 36,940 37,320 24 21.2 21.1 –12
Maryland 31,260 30,520 31,310 26.4 25.6 26.3 0
North Carolina 36,180 34,600 33,550 22.4 21 20.2 –10
South Carolina 12,190 11,020 9,940 14.2 12.9 11.6 –19
Virginia 35,020 31,480 29,940 22.7 20 18.9 –16
West Virginia 3,140 3,050 2,610 7.7 7.6 6.6 –14
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents
Location Residence Occurrence % obtained by

out-of-state residents

Year Ref
No. Rate Ratio No. Rate Ratio
Georgia 39,680 24 1992 [49]
Georgia 36,940 21.2 1995 [49]
Georgia 37,320 21.1 1996 [49]
Georgia 26,563 12.6 203 30,013 14.3 229 12.3 2014 [50]
Georgia 26,835 12.7 204 31,009 14.6 236 14.5 2015 [51]

Abortion rights views and activities

Planned Parenthood Abortion Center Manager in Lawrenceville, Georgia April 2016.
Planned Parenthood Abortion Center Staff Lawrenceville Georgia USA April 2016.

Donations

After Georgia passed new abortion restrictions in 2019, Access Reproductive Care-Southeast saw a surge in donations totaling more than US$18,000 in a single week.[52]

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[53] Over 1,000 people participated in a protest in Atlanta, outside the State Capitol building. ACLU of Georgia's Andrea Young spoke, saying, "The next action will be that the ACLU and other partners will file a lawsuit in federal district court to stay this law and to challenge it as a violation of women's constitutional rights under Roe v. Wade."  [54]

Economic boycotts

The creators of The Handmaid’s Tale,  director Reed Morano, and Bridesmaids writers Kristen Wiig and Annie Mumolo all announced that they were cancelling plans to film in Georgia as a result of the abortion restrictions passed into law in May 2019. Titanic actor Frances Fisher also picketed outside the Atlanta City Hall to condemn the restrictions.[55]

Views

Women in Film Executive Director Kirsten Schaffer said of Georgia and other states similar restrictive abortion bans passed in early 2019, “A woman’s right to make choices about her own body is fundamental to her personal and professional well-being. [...] We support people who make the choice not to take their production to Georgia or take a job in Georgia because of the draconian anti-choice law. To that end, we’ve compiled a list of pro-choice states that offer meaningful tax rebates and production incentives, and encourage everyone to explore these alternatives: California, Colorado, Hawaii, Illinois, Maine, Nevada, New Jersey, New Mexico, New York, Washington.”[55]

Anti-abortion views and activities

Planned Parenthood Abortion Center Protest Lawrenceville Georgia USA April 2016.

Activities

In 1988, anti-abortion activities organized the "Siege of Atlanta." This was one of three large anti-abortion protests that received extensive media coverage.[56]

The Marriage Vow or "The Marriage Vow - A Declaration of Dependence Upon Marriage and Family" is a political pledge created by Bob Vander Plaats, a former candidate for Iowa governor, and the Iowa-based conservative group; The Family Leader, a public advocacy organization affiliated with the Iowa Family Policy Center, that he heads.[57] The 2 most notable signatures came from Rick Santorum and Michele Bachmann. Rick Santorum was the first presidential candidate to contact The Family Leader after the organization publicly announced the pledge. Michele Bachmann also contacted The Family Leader to sign the pledge, and became the first Candidate to send her signed document to the organization.[58] Although Newt Gingrich did not sign the pledge, he wrote a lengthy letter in which he upheld many of the principles of the pledge including personal fidelity to his wife, respecting the marital bonds of others, enforcing the defense of marriage act, to support a federal marriage amendment, and to oppose any definition of marriage outside of "one man and one woman." [59] The pledge was also signed by former Texas governor Rick Perry.[60]

Violence

Eric Rudolph admitted, as part of a plea deal for the Centennial Olympic Park bombing at the 1996 Olympic Games to placing a pair of bombs that exploded at the Northside Family Planning Services clinic in the Atlanta suburb of Sandy Springs in January 1997.[61] The Army of God claimed responsibility for Eric Robert Rudolph's 1997 shrapnel bombing of abortion clinics in Atlanta and Birmingham.[62] The organization embraces its description as terrorist.[63]

Footnotes

  1. ^ According to the Supreme Court's decision in Roe v. Wade:

    (a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgement of the pregnant woman's attending physician. (b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. (c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgement, for the preservation of the life or health of the mother.

    Likewise, Black's Law Dictionary defines abortion as "knowing destruction" or "intentional expulsion or removal".

References

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