Abortion and Reproductive Rights in America, to 1991

The original chronology appeared in
Judith Ezekiel, "The History of Abortion in America,"  Living Archives (Nancy, France) 2 (winter 1991), 6-19.

For corrections and additions, please click here

•  References to abortion go back thousands of years before the Christian Era

1821

• First antiabortion legislation in the US

1859

• American Medical Association takes stand against abortion

1869

• Catholic Church, under Pope Pius IX, forbids all abortions

1873

• Comstock Law outlaws birth control, associates it with obscenity.  Forbids use of US mail in distribution of "obscene" matter.

1905

• President Theodore Roosevelt condemns the tendency towards smaller families, labeled as "race suicide"

1907

• Indiana passes first eugenic sterilization law, to be used against "criminals, idiots, imbeciles, and rapists."

1916

• Margaret Sanger opens birth control clinic in New York

1921

• Organizational conference of the American Birth Control League.

1926

• In Buck v. Bell, Supreme Court upholds eugenic sterilization laws, approving the idea that "society can prevent those who are manifestly unfit from continuing their kind."

1942

• Margaret Sanger's Birth Control Federation becomes Planned Parenthood Federation of America.

1953

• Kinsey Report on female sexuality, reports that women enjoy sex, engaged in premarital intercourse and lesbian relationships.

1960

• FDA approves the birth control pill.

1962

• Thalidomide scare, abortion reform becomes public issue.  Sherri Finkbine case (see Ginsburg p 35)
• 1964
• Rubella (German Measles) epidemic renews debate on abortion law repeal.

1965

• Griswold v. Connecticut, Supreme Court decision uses "right to privacy" to strike down laws against the use of contraceptives by married couples.

1966

• Master and Johnson's Human Sexual Response published

1967

• Clergy Consultation Service on Abortion founded in New York. (Spring)
• Colorado becomes first state to pass abortion reform law, allowing abortion in cases of risks for woman's health and suspicion of fetal abnormalities (April 25).  From 1967-70, 11 other states follow suit.
• After heated debate, the National Organization for Women (NOW) adopts position for abortion law repeal at its second national convention.  The first "official" women's movement involvement on abortion.  (November)

1969

• NARAL founded as outgrowth of abortion reform movement.
• First national conference for the repeal of abortion laws in Chicago (February 14).

1970

• Abortion laws repealed in Hawaii, Alaska, and New York.
• By 1970, American Medical Association board, Church Women United, YWCA, UAW, and Planned Parenthood, have come out in favor of abortion law repeal
• Supreme Court agrees to consider two abortion cases, including Roe v. Wade (May 3).
• New York liberalized abortion law goes into effect (July).

1971

• John Gailbraith introduces a bill in the Ohio legislature which would pay welfare mothers $300 dollars if they abort.  (February)
• Nixon states his "personal" opinion against abortion in conjunction with his ordering the reversal of liberalized abortion policies of military hospitals (Mar 3).

1972

• Supreme Court establishes 14th amendment due process and equal protection  rights of the unwed father to the custody of his children. (In 1977 extended to a sperm donor.)
• Eisenstadt v. Baird, Supreme Court ruling eliminates restrictions on contraceptives based on marital status, including in the right to privacy, "the right of the individual, married or single to be free from unwarranted government intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child."
• Two Days of Denunciation of Crimes Against Women, on abortion,  contraception, and forced sterilization organized by Women's National  Abortion Action Coalition (October 21-22).

1973

• Religious Coalition for Abortion Rights founded by Catholic, Protestant and Jewish leaders
• Roe v. Wade, Supreme Court decision legalizes abortion nationally.  Roe v. Bolton eliminates restrictions on where abortions could be performed, paving the way for abortion clinics  (January 22)

1975

• The National Conference of Catholic Bishops, which had rejected the Supreme Court ruling immediately after the 1973 decision, proposes the creation of a "pro-life" network.
• Dr Kenneth Edelin found guilty (by a lower court?) of manslaughter of a fetus after having performed a legal abortion (February).
• NOW demonstration on Mother's Day at the Vatican Embassy in Washington DC, for separation of Church and State on abortion issue (May 11)

1976

• Republican Party platform supports constitutional amendment banning abortions.
• 1000's protest anniversary of legalization of abortion in Washington DC (January 23)
• Planned Parenthood v. Danforth, Supreme Court ruled that states could not give husbands the right to oppose their wives decision to abort and no absolute veto for parents of minor, unwed girls (July 1)

1977

• Hyde amendment (proposed in late 1976) goes into effect.  Amendment to the 1977 Labor/HEW budget prohibiting use of medicaid money for abortions except when a woman's life is endangered  
• Woman declared brain dead sustained for two days to see if 15 week old fetus might live.
• Planned Parenthood in St Paul, Minnesota victim of arson (February)
• In Maher v. Roe and Beal v. Doe, The Supreme Court rules that Equal protection clause does not mean that Medicaid requires states to fund "non-therapeutic" abortions, and that publicly-funded hospitals may refuse to perform these "elective" abortions.  Decisions reduce availability of abortion for poor women. (June 20)
• Abortion clinic in Omaha, Nebraska firebombed August (August).
• Federal ban on reimbursement of most abortions voted by the House (disputed, goes into effect 12/77.)  (August 4)    
• Rosie Jimenez dies as a result of illegal abortion obtained after Medicaid  reimbursement refused.  (October 3)

1978

• Cleveland abortion clinic firebombed, incidents in Columbus and Cincinnati clinics later in the year (February 18).
• Akron ordinance passed, requires parental consent, "informed consent" (distributing information about alternatives, bloody pictures...) and a waiting period. (February 28).
• Akron abortion clinic attacked (March 1).
• Louise Brown, first "test tube" baby is born (June).

1979

• Creation of CARASA (Committee for Abortion Rights and Against Sterilization Abuse), advocates a broad approach to "reproductive freedom."
• Colautti v. Franklin, Supreme Court confirmed doctors' prorogative in determining when a fetus is viable. (Jan 9)
• Reproductive Rights National Network organized in response to Medicaid cuts (February)
• Meeting of pro and anti-abortion groups, at the initiative of NOW, "to lessen the need for abortion." (February 15)
• International call for demonstrations for reproductive rights. (March 31)
• 1500 protest National Right-to-Life convention in Cincinnati.   (June 23)
• "Ethical Issues in Human Reproductive Technology: Analyses by Women" workshop at Hampshire College. (June 24-29)
• Extremely restrictive abortion provisions passed as budget rider in Ohio.    Several organizations, including Planned Parenthood, ACLU, sue (July).
• Belotti v. Baird, Supreme Court confirms its opposition to allowing states to require parental consent unless an alternative procedure is envisaged, implying that consent or judicial approval may be required (July 2).
• Federal judge overturns Akron ordinance (August  22).

1980

• Amicus cuiae (friends of the court) brief in support of a petition asking the  Supreme Court for a rehearing of the Hyde Amendment (June 25).
• Harris v. McRae, upheld Hyde Amendment, bars use of Medicaid funding of abortion in most cases (June 30).
• Ronald Reagan elected president, staunch opponent of abortion rights (November).

1981

• H.L. v. Matheson, Supreme Court rules that states may require doctors to inform parents of certain immature minors (March 23).
• Women's Liberation Zap Action Brigade disrupts Senate hearings  on "Human Life" bill.  They are arrested (May).

1982

• Human Life Amendment to the Constitution fails to pass Congress.
• Political action committees (PACs) both for and against abortion spend considerable sums on elections.
• Reagan administration notifies many family planning agencies that renewal of federal grants is contingent on implementation of parental notification when dispensing birth control to minors (July 1).  

1983

• City of Akron v. Akron Center for Reproductive Health Inc., Supreme Court strikes down the Akron ordinance also, along with two other 1983 decisions, declared it unconstitutional to require all abortions after three months to be performed in a hospital (June 15)

1984

•  
• The Silent Scream, supposedly showing a scream of an embryo being aborted, comes out  
• Reagan administration announces that it will cut aid to international organizations which support abortion.  The US Agency for International Development subsequently cuts aid to the the UN Fund for Population Activities and the International Planned Parenthood Federation.

1986

• Reagan elevates William H. Rehnquist to chief justice of the sc
• Thornburgh v. American College of Obstetricians and Gynecologists, Court reconfirmed that states may not require "informed consent" (June 11)

 1987

• Lewis Powell retires from the Supreme Court.  Reagan's first nominee, Robert Bork, is rejected by the Senate after a nationwide campaign of opposition by civil rights and women's groups.  In 1988, Senate accepts nominee Anthony Kennedy who proves to be as opposed to abortion.

1988

• Reagan administration forbids family planning clinics which receive federal funds from dispensing information on abortion.

1989

• Fear of abortion being criminalized, revival of self-help groups learning to perform abortions
• Several hundred thousand people attend pro-choice demonstration in Washington, D.C. (April 9)    
• Webster v. Reproductive Health Services.  Invitation by the Court for the states to introduce restrictive legislation on abortion.  Opens the gate to "fetal federalism," and catapults the debate into the electoral arena.  Stirs up passions: more friend of the court briefs filed than any other case in the history of the US (July 3).
• Abortion issue dominates electoral campaigns in many states.  Candidates victories in several states are largely attributed to their pro-choice positions.  Following elections, Republican leaders meet to discuss abortion stances (August-Nov).
• In Washington, D.C., around 200,000 people participate in a pro-choice demonstrate called by the NOW (November)
• Report released by a House subcommittee criticizing the US Public Health Service for censoring information on abortion, curtailing research, and punishing federal researchers whose results conflict with the administrations policy (December).  

1990

• Bush nominates David H Souter, avoids questions on abortion, but is confirmed
• Federal court upholds US policy banning aid to foreign organizations that perform abortions (March).  
• Committee of US Roman Catholic Bishops launches multi-million dollar nationwide publicity campaign against abortion (April)
• Supreme Court upheld ban on demonstrations blocking access to abortion clinics, in this case led by Operation Rescue (May)
• New anti-euthanasia emphasis appears at the National Right to Life's annual convention (June)
• _Hodgson v. Minnesota,_Supreme Court upholds requirements that a minor inform both her parents assuming that a judicial bypass remains an alternative (June 25).  
• After Bush vetoes legislation which would have allowed Medicaid to pay for abortion for victims of rape and incest, the house voted 231 to 191 to override his veto, 51 votes short of the necessary 2/3rds. check, le monde says overridden (October 24)

1991

•  Rust v. Sullivan, Supreme Court rules that forbidding family planning clinics which receive federal aid from dispensing information on abortion does not violate freedom of speech or a woman's right to an abortion.  Many clinics proclaim they will give up federal funds.
• Congress passes bill that authorizes abortion counseling in family planning clinics which receive federal aid
• Justice Thurgood Marshall, a staunch progressive and the only black on the Court, resigns.  Bush nominates conservative black, Clarence Thomas, who has a weak record on civil rights and is suspected of opposing abortion rights.  Coalition of black, feminist and progressive groups oppose nomination.