Hidden history of U.S. abortion laws

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The following article is reprinted from the April 1989 issue of Bulletin in Defense of Marxism (BIDOM). It is the text of a talk presented to a forum on "What Next in the Struggle to Defend Abortion Rights?" held in Minneapolis, Minn., on January 27, 1989.

The U.S. Supreme Court decision Roe v. Wade did not give us legalized abortion. The impact of this decision was to remove the prohibition and consequently reinstitute a woman's right to choose abortion.

It was just a little over a hundred years ago when abortion was decreed illegal by the states and a sin by the Catholic Church. Prior to that time, abortion was accepted in this country, condoned by the church, and recognized as legal by the states.

No doctors, or judges, or churches condemned abortion before quickening of the fetus. [Approximately six months into pregnancy. Ed.]. It was considered to be a medically safe as well as socially acceptable procedure.

Our laws and traditions, our social norms, came directly from English common law which was based on the ancient traditions and laws from the Greek and Roman cultures. Collectively, throughout history, these laws and traditions did not recognize the existence of the fetus until quickening. Abortion, before quickening, was never illegal.

In the year 1800 there was no legislation, no law against abortion in the United States.

In 1812 the Massachusetts Supreme Court asserted: Abortion in early pregnancy would remäin beyond the scope of the law...abortion was not a crime. This would be the ruling precedent throughout the first half of the 19th century.

Not only was the procedure legal, American women had access to a wide range of information on methods and procedures of abortion. They had books, pamphlets, available medication and instruments; and the knowledge of practicing midwives. Abortion was truly accessible to the women of this country. One could even say abortion was the first specialty in American medical history. It certainly was a firmly established practice in the United States by the 1860s. doctors did not have much influence in their communities, and they did not have very large practices. It is important to note that for the most part they did not perform abortions.

Thankfully, the American public had other choices for medical care. During the 19th century Americans chose folk-practicioners, osteopaths, homeopathists, and midwives for their health care and medical advice. These doctors also performed abortions.

The American Medical Association was formed in 1847 by graduates of medical schools as an organizational attempt to discredit all other medical practicioners. The obvious reason was to build up thejr own practice. The AMA's first act was to label themselves regular doctors and to refer to all other as "irregulars.

It wasn't until after the Civil War that the • Huge profits were being made by those specializing in performing abortions and by drug companies like Parke/Davis that were providing drugs and instruments.

• Advertising for abortion had become extremely competitive and very public.

• There had been a steep decline in the population exactly when abortion information and services were the most available (18401850).

• The country had suffered a huge loss of life in the Civil War.

The cumulative effect of these conditions not only gave ammunition to the AMA but also teeth to their propaganda against abortion. Armed with arrogance, the AMA launched a speaking tour and a barrage of written material aimed at the American public. They made claim to three consistent The AMA tapped on the shoulders of their friends and relatives in state legislatures. The state governments had a vested interest in an expanding population, a population needed to develop the land and to fill the factories and mills of industrializing America. (It was also true that these same state governments were pressured by drug companies to protect their interests in practicing abortion.)

The AMA at this time was also opposed to contraception. For this reason they joined forces with Anthony Comstock, the Joe McCarthy of the 19th century. Comstock's general obsession was obscenity and he dabbled everywhere he imagined sex could be implied. Mr. Comstock prosecuted abortionists by citing their advertising as obscene.

The New York Times endorsed the AMA'S campaign and began writing stories sensationalizing deaths from abortion. Eventually the paper no longer allowed abortion services to advertise.

And, unfortunately, the leaders of the feminist movement of the day joined the AMA in the fight to outlaw abortion.

By 1880 the AMA had effective control over medical education: one result was evidenced in women's health manuals, all stating opposition to abortion. They too were calling abortion a crime against nature, an evil, murder, and an unsafe medical practice.

By 1890 virtually all the states had enacted anti-abortion legislation.

Abortions did not stop throughout the whole period it was under attack. It went underground...a little deeper with each new law that was passed.

Yesterday and today

It is ironic, a hundred years later, to find the American Medical Association defending the right of women to choose safe and legal abortion. They, after all, have a professional and financial investment in keeping it legal. The AMA, however, remains a conservative and self-serving organization which has an equal investment in childbirth. We must not have false confidence in the AMA organizing any campaign for abortion equal to the campaign against abortion of the 19th century.

We cannot look to the political parties and their politicians to organize a massive campaign to keep abortion safe and legal. Organized religion, for the most part, is not our ally on this issue. The media continue to sensationalize the subject.

We need to keep in perspective: during the 19th century the AMA never convinced the majority, the working class, that abortion was wrong. Women continued to practice abortion regardless and in spite of laws or taboos against it. And many women died a needless and painful death. Unless we are willing to accept a return to home remedies, coat hangers, quinine water, knitting needles, and the like; unless we are willing to accept