Timeline of reproductive rights legislation
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Timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from gender-based practices such as female genital cutting (FGC) and male genital mutilation (MGM).
17th century to 19th centuryEdit
- End of 16th century - Sir Edward Coke formulates the "born alive rule", in common law, which holds that various criminal laws, such as homicide and assault, apply only to a child that is "born alive".
- 1765 – Post-quickening abortion is no longer considered homicide in England, but William Blackstone confirms the "born alive rule" and calls it "a very heinous misdemeanor".
- 1778 – In Sweden, the first Infanticide Act granted mothers the right and the means for an anonymous birth.
- 1793 – In France, Article 326 of the Code Civil legalized both anonymous and confidential births.
- 1803 – United Kingdom enacts Lord Ellenborough's Act, making abortion after quickening a capital crime, and providing lesser penalties for the felony of abortion before quickening.
- 1842 – The Shogunate in Japan bans induced abortion in Edo. The law does not affect the rest of the country.
- 1856 – In Sweden, an amendment to the 1778 Infanticide Act restricts the right to give birth anonymously to a mere confidential birth.
- 1861 – The Parliament of the United Kingdom passes the Offences against the Person Act 1861 which outlaws abortion.
- 1869 – Pope Pius IX declared that abortion under any circumstance was gravely immoral (mortal sin), and, that anyone who participated in an abortion in any material way had by virtue of that act excommunicated themselves (latae sententiae) from the Church.
- 1869 - The Parliament of Canada unifies criminal law in all provinces, banning abortion.
- 1873 – The passage of the Comstock Act in the United States makes it illegal to send any "obscene, lewd, and/or lascivious" materials through the mail, including contraceptive devices and information on contraception or abortion and how to obtain them. (see also advertisement of abortion services).
- 1820–1900 – Primarily through the efforts of physicians in the American Medical Association and legislators, most abortions in the U.S. were outlawed.
- 1850–1920 – During the fight for women's suffrage in the U.S., some notable first-wave feminists, such as Elizabeth Cady Stanton and Mary Wollstonecraft, opposed abortion.
1910s to 1960sEdit
- 1918 - In the United States, Margaret Sanger was charged under the New York law against disseminating contraceptive information. On appeal, her conviction was reversed on the grounds that contraceptive devices could legally be promoted for the cure and prevention of disease.
- 1920 – Lenin legalized all abortions in the Soviet Union.
- 1931– Mexico as first country in the world legalized abortion in case of rape.
- 1932– Poland as first country in Europe outside Soviet Union legalized abortion in cases of rape and threat to maternal health.
- 1935 – Iceland became the first Western country to legalize therapeutic abortion under limited circumstances.
- 1935 – Nazi Germany amended its eugenics law, to promote abortion for women who have hereditary disorders. The law allowed abortion if a woman gave her permission, and if the fetus was not yet viable, and for purposes of so-called racial hygiene.
- 1936 – Joseph Stalin reversed most parts of Lenin's legalization of abortion in the Soviet Union to increase population growth.
- 1936 – A US federal appeals court ruled in United States v. One Package of Japanese Pessaries that the federal government could not interfere with doctors providing contraception to their patients.
- 1936 – Heinrich Himmler, Chief of the SS, creates the "Reich Central Office for the Combating of Homosexuality and Abortion". Himmler, inspired by bureaucrats of the Race and Settlement Main Office, hoped to reverse a decline in the "Aryan" birthrate which he attributed to homosexuality among men and abortions among healthy Aryan women, which were not allowed under the 1935 law, but nevertheless practiced. Reich Secretary Martin Bormann however refused to implement law in this respect, which would revert the 1935 law.
- 1938 – In Britain, Dr. Aleck Bourne aborted the pregnancy of a young girl who had been raped by soldiers. Bourne was acquitted after turning himself in to authorities. The legal precedent of allowing abortion in order to avoid mental or physical damage was picked up by other countries in the Commonwealth of Nations.
- 1938 – Abortion legalized on a limited basis in Sweden.
- 1948 – The Eugenic Protection Act in Japan expanded the circumstances in which abortion is allowed.
- 1955 - Abortion legalized again in the Soviet Union.
- 1959– The American Law Institute (ALI) drafts a model state abortion law to make legal abortions accessible.
- 1965 – The U.S. Supreme Court case Griswold v. Connecticut struck down one of the remaining Comstock laws, the state bans on contraception.
- 1966 – The Ceauşescu regime in Romania, in an attempt to boost the country's population, Decree 770 banned all abortion and contraception, except in very limited cases.
- 1966 – Mississippi reformed its abortion law and became the first U.S. state to allow abortion in cases of rape.
- 1967 – The Abortion Act (effective 1968) legalized abortion in the United Kingdom (except in Northern Ireland). In the U.S., California, Colorado, and North Carolina reformed their abortion laws based on the 1962 American Law Institute (ALI) Model Penal Code (MPC)
- 1968 – Georgia and Maryland reformed their abortion laws based on the ALI MPC.
- 1968– President Lyndon Johnson’s Committee on The Status of Women releases a report calling for a repeal of all abortion laws.
- 1969 – Arkansas, Delaware, Kansas, New Mexico and Oregon, and reformed their abortion laws based on the ALI MPC.
- 1969– Canada passed the Criminal Law Amendment Act, 1968-69, which began to allow abortion for selective reasons.
- 1969 – The ruling in the Victorian case of R v Davidson defined for the first time which abortions are lawful in Australia.
1970s to presentEdit
- 1970 – Hawaii, New York, Alaska and Washington repealed their abortion laws and allowed abortion on demand; South Carolina and Virginia reformed their abortion laws based on the ALI Model Penal Code.
- 1970 – Family Planning Services and Population Research Act of 1970 Pub.L. 91–572, which established the Public Health Service Title X program in the United States, providing family planning services for those in need.
- 1970 - The U.S. Congress removed references to contraception from federal anti-obscenity laws.
- 1971 – The Indian Parliament under the Prime Ministership of Indira Gandhi, passes Medical Termination of Pregnancy Act 1971 (MTP Act 1971). India thus becomes one of the earliest nations to pass this Act. The Act gains importance, considering India had traditionally been a very conservative country in these matters. Most notably there was no similar Act in several US states around the same time.
- 1972 – Florida reformed its abortion law based on the ALI MPC.
- 1972 - The U.S. Supreme Court, in Eisenstadt v. Baird extends Griswold v. Connecticut birth control rights to unmarried couples.
- 1973 – The U.S. Supreme Court, in Roe v. Wade, declared all the individual state bans on abortion during the first trimester to be unconstitutional, allowed states to regulate but not proscribe abortion during the second trimester, and allowed states to proscribe abortion during the third trimester unless abortion is in the best interest of the woman's physical or mental health. The Court legalized abortion in all trimesters when a woman's doctor believes the abortion is necessary for her physical or mental health and held that only a "compelling state interest" justified regulations limiting the individual right to privacy.
- 1973 - Doe v. Bolton, 410 U.S. 179 (1973), was a decision of the United States Supreme Court overturning the abortion law of Georgia. The Supreme Court's decision was released on January 22, 1973, the same day as the decision in the better-known case of Roe v. Wade, 410 U.S. 113 (1973). Doe v. Bolton challenged Georgia's much more liberal abortion statute.
- 1973–1980 – France (1975), West Germany (1976), New Zealand (1977), Italy (1978), and the Netherlands (1980) legalized abortion in limited circumstances. (France : no elective -for non-medical reasons- abortion allowed after 10–12 weeks gestation)
- 1976–1977– Representative Henry Hyde of Illinois sponsors the Hyde Amendment, which passes, allows states to prohibit the use of Medicaid funding for abortions.
- 1978 - US Federal Pregnancy Discrimination Act was passed, prohibiting employment discrimination on the basis of pregnancy, childbirth, or related medical conditions.
- 1979 – The People's Republic of China enacted a one-child policy, to alleviate social, economic, and environmental problems in China, encouraging many couples to have at most one child, and in some cases imposing penalties for violating the policy.
- 1979 – Ireland, Health (Family Planning) Act, 1979 allowed sale of contraceptives, upon presentation of a prescription.
- 1980 - In William v. Zbaraz, the United States Supreme Court upheld that states could constitutionally make their own versions of the anti-abortion Hyde Amendment, and that states/the federal government have no statutory or constitutional obligation to fund medically necessary abortions.
- 1983 – Ireland, by popular referendum, added an amendment to its Constitution recognizing "the right to life of the unborn." Abortion is still illegal in Ireland, except as urgent medical procedures to save a woman's life.
- 1985 – Ireland, Health (Family Planning) (Amendment) Act, 1985 allowed sale of condoms and spermicides to people over 18 without having to present a prescription.
- 1985 - United Kingdom, Prohibition of Female Circumcision Act 1985 made female genital mutilation a crime throughout the UK. The Act was replaced by the Female Genital Mutilation Act 2003 and the Prohibition of Female Genital Mutilation (Scotland) Act 2005 respectively, both of which extend the legislation to cover acts committed by UK nationals outside of the UK's borders.
- 1988 – France legalized the "abortion pill" mifepristone (RU-486).
- 1988 – In R. v. Morgentaler, the Supreme Court of Canada struck down the abortion regulation which allowed abortions in some circumstances but required approval of a committee of doctors for violating a woman's constitutional "security of person"; Canadian law has not regulated abortion ever since.
- 1989 – Webster v. Reproductive Health Services reinforces the state's right to prevent all publicly funded facilities from providing or assisting with abortion services.
- 1990 – The Abortion Act in the UK was amended so that abortion is legal only up to 24 weeks, rather than 28, except in unusual cases.
- 1992 – In Planned Parenthood v. Casey, the Supreme Court overturned the trimester framework in Roe v. Wade, making it legal for states to proscribe abortion after the point of fetal viability, excepting instances that would risk the woman's health.
- 1993 – Ireland Health (Family Planning) (Amendment) Act, 1992 allowed sale of contraceptives without prescription.
- 1993 – Poland banned abortion, except in cases of rape, incest, severe congenital disorders, or threat to the life of the pregnant woman.
- 1994– Freedom of Access to Clinic Entrances Act is passed by the United States Congress to forbid the use of force or obstruction to prevent someone from providing or receiving reproductive health services.
- 1997 – In South Africa, the Choice on Termination of Pregnancy Act, 1996 comes into effect, allowing abortion on demand. The Abortion and Sterilization Act, 1975, which only allowed abortions in very limited circumstances, is repealed.
- 1998 – In Christian Lawyers Association and Others v Minister of Health and Others, the Transvaal Provincial Division of the High Court of South Africa upholds the Choice on Termination of Pregnancy Act, holding that the Constitution of South Africa does not forbid abortions.
- 1999 – In the United States, Congress passed a ban on intact dilation and extraction, which President Bill Clinton vetoed.
- 2000 – Mifepristone (RU-486) approved by the U.S. Food and Drug Administration (FDA). In Stenberg v. Carhart, the Supreme Court of the United States overturned a Nebraska state law that banned intact dilation and extraction.
- 2000 - The Equal Employment Opportunity Commission ruled that companies that provided insurance for prescription drugs to their employees but excluded birth control were violating the Civil Rights Act of 1964.
- 2003 – The U.S. enacted the Partial-Birth Abortion Ban Act and President George W. Bush signed it into law. After the law was challenged in three appeals courts, the U.S. Supreme Court held that it was constitutional because, unlike the earlier Nebraska state law, it was not vague or overly broad. The court also held that banning the procedure did not constitute an "undue burden," even without a health exception. (see also: Gonzales v. Carhart)
- 2005 – The U.S. Deficit Reduction Act of 2005 (implemented in January 2007) prevented college health centers and many health care providers from participating in the drug pricing discount program, which formerly allowed contraceptives to be sold to students and women of low income in the United States at low cost.
- 2007 – The Parliament of Portugal voted to legalize abortion during the first ten weeks of pregnancy. This followed a referendum that, while revealing that a majority of Portuguese voters favored legalization of early-stage abortions, failed due to low voter turnout. The second referendum passed, however, and President Cavaco Silva signed the measure into effect in April, 2007.
- 2007 – The government of Mexico City legalizes abortion during the first 12 weeks of pregnancy, and offers free abortions. On August 28, 2008, the Mexican Supreme Court upholds the law.
- 2007 – The U.S. Supreme Court upholds the Partial Birth Abortion Ban Act of 2003.
- 2008– The Australian state of Victoria passes a bill which decriminalizes abortion, making it legally accessible to women in the first 24 weeks of the pregnancy.
- 2009 – In Spain a bill decriminalizes abortion, making it legally accessible to women in the first 14 weeks of the pregnancy.
- 2010 - In Chile, came into force the Morning After Pill Law, which set the rules on information, advice and services relating to fertility regulation, allowing the free distribution of the pill in all country public clinics.
- 2011 - The U.S. Department of Health and Human Services established the policy, effective 2012, that all private insurance plans are required to provide contraceptive coverage to women without a co-pay or deductible.
- 2012 – In the Philippines, the Congress of the Philippines passed the Responsible Parenthood and Reproductive Health Act of 2012 which guarantees universal access to contraception, fertility control and maternal care. The bill also mandates the teaching of sexual education in schools.
- 2012 – Uruguay legalizes abortion in the first trimester, making it legally accessible to women.
- 2014 - Burwell v. Hobby Lobby, 573 U.S. ___ (2014), is a landmark decision by the United States Supreme Court allowing closely held for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law's interest. It is the first time that the court has recognized a for-profit corporation's claim of religious belief, but it is limited to closely held corporations.[a] The decision is an interpretation of the Religious Freedom Restoration Act (RFRA) and does not address whether such corporations are protected by the free-exercise of religion clause of the First Amendment of the Constitution. For such companies, the Court's majority directly struck down the contraceptive mandate, a regulation adopted by the US Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) requiring employers to cover certain contraceptives for their female employees, by a 5-4 vote. The court said that the mandate was not the least restrictive way to ensure access to contraceptive care, noting that a less restrictive alternative was being provided for religious non-profits, until the Court issued an injunction 3 days later, effectively ending said alternative, replacing it with a government-sponsored alternative for any female employees of closely held corporations that do not wish to provide birth control.
- 2014 - McCullen v. Coakley, 573 U.S. ___ (2014), was a United States Supreme Court case. The Court unanimously held that Massachusetts' 35-feet fixed abortion buffer zones, established via amendments to that state's Reproductive Health Care Facilities Act, violated the First Amendment to the U.S. Constitution because it limited free speech too broadly.
- 2016 - Zubik v. Burwell was a case before the United States Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation adopted by the US Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) that requires non-church employers to cover certain contraceptives for their female employees. Churches are already exempt under those regulations. On May 16, 2016, the U.S. Supreme Court issued a per curiam ruling in Zubik v. Burwell that vacated the decisions of the Circuit Courts of Appeals and remanded the case "to the respective United States Courts of Appeals for the Third, Fifth, Tenth, and D.C. Circuits" for reconsideration in light of the "positions asserted by the parties in their supplemental briefs". Because the Petitioners agreed that "their religious exercise is not infringed where they 'need to do nothing more than contract for a plan that does not include coverage for some or all forms of contraception'", the Court held that the parties should be given an opportunity to clarify and refine how this approach would work in practice and to "resolve any outstanding issues". The Supreme Court expressed "no view on the merits of the cases." In a concurring opinion, Justice Sotomeyer, joined by Justice Ginsburg noted that in earlier cases "some lower courts have ignored those instructions" and cautioned lower courts not to read any signals in the Supreme Court's actions in this case.
- 2016 - Whole Woman's Health v. Hellerstedt, 579 U.S. ___ (2016), was a United States Supreme Court case decided on June 27, 2016, when the Court ruled 5-3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion. It has been called the most significant abortion rights case before the Supreme Court since Planned Parenthood v. Casey in 1992.
- 2017 - The "Mexico City Policy" was reinstated by United States President Trump. Trump not only reinstated the policy but expanded it, making it cover all global health organizations that receive U.S. government funding, rather than only family planning organizations that do, as was previously the case.
- 2017 - In Poland, a new law restricted emergency contraception by making it a prescription drug.
- 2017 - The Trump administration of the United States issued a ruling letting insurers and employers refuse to provide birth control if doing so went against their "religious beliefs" or "moral convictions".
- "Closely held" corporations are defined by the Internal Revenue Service as those which a) have more than 50% of the value of their outstanding stock owned (directly or indirectly) by 5 or fewer individuals at any time during the last half of the tax year; and b) are not personal service corporations. By this definition, approximately 90% of U.S. corporations are "closely held", and approximately 52% of the U.S. workforce is employed by "closely held" corporations. See Blake, Aaron (June 30, 2014). "A LOT of people could be affected by the Supreme Court's birth control decision – theoretically". The Washington Post.
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This emendation allowed abortion only if the woman granted permission, and only if the fetus was not old enough to survive outside the womb. It is unclear if either of these qualifications was enforced.
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Abortion, in other words, could be allowed if it was in the interest of racial hygiene… the Nazis did allow (and in some cases even required) abortions for women deemed racially inferior… On November 10, 1938, a Luneberg court declared abortion legal for Jews.
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In 1939, it was announced that Jewish women could seek abortions, but non-Jewish women could not.
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In its decree of 23 November 1955, the government of the former USSR repealed the general prohibition on the performance of abortions contained in the 1936 Decree.
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