Abortion in Pennsylvania
editState laws in Pennsylvania, although limited to those living in the state, have impacted abortion laws nationally. Pennsylvania's Abortion Control Act was the first state endorsed legal challenge to 1973's Roe v. Wade. The legal challenge to the Act led to the Supreme Court case Planned Parenthood of Southeastern Pennsylvania v. Casey in which the Supreme Court affirmed the basic right to abortion as well as expanded the ability of states to enact restrictions on access to abortion.[1]
Notable court cases and legislation
editAbortion in the United States has always been one of the nation's most hot button issues for more than two-hundred years. Though the landmark court case Roe v. Wade legalized abortion nationally, for the most part it has been up to the states to legislate its perimeters on a state to state basis.[2]
Historically Pennsylvania has been known to have some of the strictest abortion legislation in the United States.[3] Pennsylvania provides very little financial support and has one of the shortest windows to receive an abortion in the country.[4]
In 1977 following the decision in the famous Roe v. Wade case, Pennsylvania lawmakers instituted a law that restricted Medicaid-funded abortions to lower class women seeking non-therapeutic abortions.[5] The Supreme Court ruled in the case of Beal v. Doe that states could exclude non-therapeutic abortions from medicaid programs because Title IX of the Social Security Act made no specific reference to abortion.[6]
In 1982 the Pennsylvania government passed legislation that would further restrict a woman's ability to receive an abortion. The law called for informed consent of the woman involved which required the dissemination of information concerning the risks of abortion, reporting procedures, the use of certain medical techniques after visibility, and the presence of a second physician for post-visibility abortions.[7] American Congress of Obstetricians and Gynecologists sued Governor Richard Thornburgh citing the laws unconstitutionality against a woman's right to privacy.
The case of Thornburgh v. American College of Obstetricians & Gynecologists made it to the United States Supreme Court where it was ruled in a 5-4 vote as unconstitutional for stripping women of their right to privacy and deterring women to make their own decision about getting an abortion.[8]
In 1989, Governor Bob Casey Sr. introduced the Abortion Control Act which, mandated a 24-hour waiting period where a patient would receive information regarding abortion prior to the procedure, required spousal notification, and parental consent if the patient was under the age of 18 to name a few of the provisions.[9] Though a registered Democrat, Governor Bob Casey Sr. was a pro-life supporter and pushed for stronger abortion restrictions during is time in office.[10] Casey pushed the legislation through the Assembly and was signed into law the same year. Currently, Pennsylvania remains one of the strictest states when it comes to abortion funding as part of the Abortion Control Act of 1989. Women can only receive health care, insurance, or government funded abortions if the mother's heath is in danger, she has been a victim of rape, or in the case of incest.
Planned Parenthood of Southeastern Pennsylvania sued siting Casey as the main defendant, claiming that the law violate the Roe v. Wade ruling. The case made it all the way to the United States Supreme Court in April of 1992. On June 29th in the case of Planned Parenthood of Southeastern Pennsylvania v. Casey, the court upheld the Abortion Control Act while also reaffirming the ruling of Roe v. Wade.[11]
In 2012 while Governor, Republican Tom Corbett tried to pass legislation that involved ultrasound polices in abortion cases.[12] The "Women's Right to Know" Act, required doctors to preform an ultrasound on a patient seeking an abortion, offer two personalized copies of the image, and play and describe the fetal heartbeat in detail before she can have an abortion. The bills been laid on and removed form the table several times until it was last laid on the table on March 12, 2012 where it currently remains.[13]
On December 12, 2017 the Pennsylvania General Assembly narrowly passed a bill that would change the deadline to receive an abortion from 24 weeks to 20 weeks. The bill was however vetoed by Governor Tom Wolf on December 18, 2017.[14]
References
edit- ^ "Planned Parenthood of Southeastern Pennsylvania v. Casey". LII / Legal Information Institute. Retrieved 2018-04-16.
- ^ "Roe v. Wade | Casebriefs". www.casebriefs.com. Retrieved 2018-04-16.
- ^ "Pennsylvania Abortion Laws and How They Differ From Neighboring States". Newsmax. Retrieved 2018-04-16.
- ^ "PA Abortion Control Act". www.plannedparenthood.org. Retrieved 2018-04-16.
- ^ https://www.oyez.org/cases/1976/75-554. Retrieved 2018-04-16.
{{cite web}}: Missing or empty|title=(help) - ^ "Beal v. Doe, 432 U.S. 438 (1977)". Justia Law. Retrieved 2018-04-16.
- ^ "FindLaw's United States Supreme Court case and opinions". Findlaw. Retrieved 2018-04-16.
- ^ "Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747". http://www.apa.org. Retrieved 2018-04-16.
{{cite web}}: External link in|website= - ^ Center, Legislativate Data Processing. "Title 18". The official website for the Pennsylvania General Assembly. Retrieved 2018-04-16.
- ^ "Bob Casey on Abortion". www.ontheissues.org. Retrieved 2018-04-16.
- ^ "Governor signs Pennsylvania abortion bill". UPI. Retrieved 2018-04-16.
- ^ Bassett, Laura (2012-03-15). "Tom Corbett, Pennsylvania Governor, On Ultrasound Mandate: Just 'Close Your Eyes'". Huffington Post. Retrieved 2018-04-16.
- ^ Center, Legislativate Data Processing. "Bill Information - House Bill 1077; Regular Session 2011-2012". The official website for the Pennsylvania General Assembly. Retrieved 2018-04-16.
- ^ "Pa. House bill bans abortions after 20 weeks, Wolf promises veto". 6abc Philadelphia. 2017-12-13. Retrieved 2018-04-16.