Timeline of Abortion: Events to Know
In order to set the foundation for having an educated discussion about abortion, we must first take a look at the events that have had important impacts on the reproductive rights movement. More specifically, the court cases and events with the greatest significance from the 1960s to the present day have been briefly described in the timeline below. The most relevant events to the modern day have been further highlighted underneath the timeline.
ROE V. WADE (1973)
Norma McCorvey, an unmarried woman living in Texas, found herself pregnant in 1969 and wished to have an abortion. However, in Texas, abortion was illegal unless it was performed in order to save a woman's life. Because McCorvey's life was not in danger and most other states held similar abortion laws, she decided to sue the Dallas county district attourney with the charges that the Texas law infringed upon her right to personal privacy and was too vague to be constitutional. The case went to the Supreme Court and on January 22, 1973, the Supreme Court ruled that a woman's choice to have an abortion is protected by the 14th Amendment.
Why is it important?
In 2022, Roe v. Wade was deemed unconstitutional and overturned by the ruling of the case, Dobbs v. Jackson. As a result, laws regarding access to abortion are changing on a state-by-state basis, which has caused abortion to take the spotlight in recent politics.
HYDE AMENDMENT (1976)
Passed only three years after the ruling of Roe v. Wade, the Hyde Amendment banned the use of Medicaid and other federal funds for abortions. It disproportionately impacted people in lower socioeconomic classes and people of color; it is currently considered a well-known example of systemic racism. In addition to people who rely on Medicaid, the Hyde Amendment impacts people who receive federal funding, which includes government employees, military personnel and veterans, and Peace Corps volunteers, to name a few. The amendment is still in place today, perpetuating a system that is harshest on Black, Indigenous, and other people of color.
Why is it important?
Despite perpetuating a system that disproportionately impacts minority groups, the Hyde Amendment is still in place today. With abortion access under debate, it is incredibly important for its proponents to ensure that access is given to everyone, regardless of socioeconomic class or race.
BELLOTTI V. BAIRD (1979)
This court case challenged a Massachusetts statute that required all minors to obtain parental consent in order to have an abortion, except in an emergency situation. However, the statute allowed for cases to be brought before a court if one or both parents did not give consent and the pregnant minor could "show a good cause." The ruling of Bellotti v. Baird deemed this statute to be unconstitutional, and it was changed to allow minors to receive an abortion without parental consent as long as they could demonstrate maturity and the necessity of the procedure before a court.
Why is it important?
Many minors, especially those who become pregnant, do not have a stable home life or supportive parents. Therefore, an abortion may be the healthiest option given their circumstances and it is important that they are able to choose it.
WEBSTER V. REPRODUCTIVE HEALTH SERVICES (1989)
Missouri adopted laws that restricted access to abortion. Webster v. Reproductive Health Services was a case challenging them for being unconstitutional. The laws under debate defined life as beginning at conception, required abortions 16 weeks or later into a pregnancy to be performed in a hospital, disallowed the use of public funds, facilities, and employees for performing abortions, and changed the language around informed consent and viability tests. Despite that the restriction of abortion in the second trimester to only take place in a hospital was deemed unconstitutional in the City of Akron v. Akron Center for Reproductive Health only six years prior, all of the Missouri laws were upheld by the Supreme Court. This ruling directly challenged Roe v. Wade and set a precedent followed soon after by other states for upholding restrictive abortion laws.
Why is it important?
The ruling of Webster v. Reproductive Health Services is considered by some to be "the beginning of the end" of federally protected abortion access. The allowance of restrictive abortion laws in this case can be seen as related to the eventual Mississippi laws that led to Dobbs v. Jackson and the eventual overturning of Roe v. Wade.
PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA V. CASEY (1992)
The Pennsylvania Abortion Control Act was challenged by several abortion clinics for being unconstitutional; specifically, the rules that required married women to notify their spouse before an abortion, a lengthened informed consent process, parental or court consent for a minor to obtain an abortion, and a 24-hour waiting period, and it also limited the definition of a medical emergency that would allow for an abortion to take place. The Supreme Court ultimately ruled that all parts of the act were constitutional, except for the requirement of the notification of one's spouse; the Fourteenth Amendment guaranteed one's right to privacy and was used as a counter-argument to this restriction. Additionally, this case changed the language used in discussion of abortion cases; restrictions were to be deemed unconstitutional if they placed "undue burden" on a woman seeking an abortion.
Why is it important?
Casey was a monumental abortion case, generally considered hand-in-hand with Roe v. Wade. The phrase "undue burden" was later used in a number of cases involving state restrictions on abortion.
ALABAMA'S HUMAN LIFE PROTECTION ACT (2019)
On May 15, 2019, Alabama passed a new bill titled the Human Life Protection Act. It imposed the most restrictive abortion law in the United States at the time; the law made abortion illegal in all circumstances unless the mother's life was at risk. The law made no exceptions for cases of rape or incest. It was intentionally designed to contradict Roe v. Wade, as Alabama lawmakers hoped the bill would make it to the Supreme Court in order to undermine and overturn Roe v. Wade.
Why is it important?
Alabama's Human Life Protection Act was an impetus for the swift rise of the prevalence of abortion in politics. It inspired numerous protests, which led to the appearance of costumes from Margaret Atwood's The Handmaid's Tale being used as a symbol of the oppressiveness of restrictive abortion laws.
DOBBS V. JACKSON WOMEN'S HEALTH ORGANIZATION (2022)
In 2018, Mississippi put into place the Gestational Age Act, which banned abortions after the 15th week of pregnancy. This clearly was in violation of Roe v. Wade, which allowed abortions up until about the 24th week of pregnancy, so this law was challenged for being unconstitutional. It was taken to the Supreme Court, where the eventual ruling overturned both Roe v. Wade and Casey, allowing the Mississippi Gestational Age Act to stay in place. The Supreme Court ruled that the decision of Roe v. Wade was wrong to begin with, as the right to abortion is not explicitly mentioned in the Constitution. As a result of these cases being overturned, the legality of abortion is now determined on a state-by-state basis, rather than federally.
Why is it important?
Dobbs v. Jackson overturned Roe v. Wade, meaning that states are free to regulate or ban abortion. The result of this ruling has inspired numerous protests across the United States as states begin (and continue) to adopt new and restrictive abortion laws.