Abortion in Louisiana

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Abortion in Louisiana is legal up to the 22nd week of pregnancy. Only 39% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. The state had abortion related laws on the books by 1900. A 1997 Louisiana law created a civil cause of action for abortion-related damages, including damage to the unborn, for up to ten years after the abortion. By the mid-2000s, members of the state legislature were trying to roll back 1973's US Supreme Court Roe v. Wade ruling. In mid-2019, the state legislature passed a law that would make abortion illegal in almost all cases. It was one of several states passing such laws in April and May 20, 2019, alongside Georgia, Missouri and Alabama.

The number of abortion clinics in the state has been on the decline in recent years, going from eighteen in 1982 to seventeen in 1992 to five in 2014.  There were 10,322 legal abortions in 2014, and 9,362 legal abortions in 2015.  There are both abortion rights activists and anti-abortion rights activists in Louisiana.

History[]

One of the biggest groups of women who oppose legalized abortion in the United States are southern white evangelical Christians.  These women voted overwhelming for Trump, with 80% of these voters supporting him at the ballot box in 2016. In November 2018, during US House exit polling, 75% of southern white evangelical Christian women indicated they supported Trump and only 20% said they voted for Democratic candidates.[1]

Legislative history[]

Fetal heartbeat bills by state, including time limit without exceptions marked:
  Heartbeat bill passed (to go into effect)
  Law partially passed by state legislature
  Law blocked by court order

By the end of the 1800s, Louisiana was the only state to not have a therapeutic exception in their legislative bans on abortions.[2] In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens.[2]

A 1997 Louisiana law created a civil cause of action for abortion-related damages, including damage to the unborn, for up to ten years after the abortion. The same law also bars the state's Patient's Compensation Fund, which limits malpractice liability for participating physicians, from insuring against abortion-related claims.[3][4] An attorney for the Center for Reproductive Rights, which opposes the law, said the law is an attempt to drive abortion providers out of practice, and that every completed abortion imposes strict liability under the law because abortion necessarily involves damage to the unborn.[5]

On June 19, 2006, Governor Kathleen Blanco signed into law a trigger ban on most forms of abortion (unless the life of the mother was in danger or her health would be permanently damaged) once it passed the state legislature. Although she felt exclusions for rape or incest would have "been reasonable", she felt she should not veto based on those reasons. The trigger law would only go into effect if the United States Supreme Court reversed Roe v. Wade. Louisiana's measure would allow the prosecution of any person who performed or aided in an abortion. The penalties include up to 10 years in prison and a maximum fine of $100,000.[6]

The state passed a law in the 2000s banning abortions before 22 weeks, when it was said that the fetus felt pain.[7] The state was one of 23 states in 2007 to have a detailed abortion-specific informed consent requirement.[8] By law, abortion providers in Alabama, Louisiana and Mississippi were required to perform ultrasounds before providing women with ultrasounds, even in situations like in the first trimester where an ultrasound has no medical necessity.[9]

In 2011, the state was one of six where the legislature introduced a bill that would have banned abortion in almost all cases.  It did not pass.[10] In 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to private doctor offices in addition to abortion clinics.[11] In 2014, the state passed a law that appeared to require it to maintain a database of women who had abortions in the state, and the type of abortion the woman had.[12] A second law, Act 620, passed in 2014, modeled after one passed earlier in Texas, required that any doctor performing abortions also have admittance privileges at an authorized hospital within a 30-mile radius of the abortion clinic, among other new requirements. At the time the law was passed, only one doctor had this privileges, effectively leaving only one legal abortion clinic in the state.[13] The state had a law on the books in August 2018 that would be triggered if Roe v. Wade was overturned.[14]

Nationally, 2019 was one of the most active years for state legislatures in terms of trying to pass abortion rights restrictions.  State governments with Republican majorities started to push these bills after Brett M. Kavanaugh was confirmed as a US Supreme Court judge, replacing the more liberal Anthony M. Kennedy.  These state governments generally saw this as a positive sign that new moves to restrict abortion rights would less likely face resistance by the courts.[10] In mid-May 2019, state law banned abortion after week 22.[10] In mid-2019, the state legislature passed a law that would make abortion illegal in almost all cases. It was one of several states passing such laws in April and May 2019, alongside Georgia, Missouri and Alabama. The bill was created as an amendment and before it could become law, it needed to be passed by voters in the state via a referendum. It was an example of a "fetal heartbeat" bill.[10][15] At the time the bill passed, only 15% of the state legislators were female, but only two female representatives voted against the bill.[16]

In 2020, Louisiana voters passed a measure to amend the state constitution to omit any language implying that a woman has a right to get an abortion or that any abortion that does occur should be funded.[17]

Judicial history[]

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester.[2]

The model Texas law passed in 2014 was declared unconstitutional by the Supreme Court in Whole Woman's Health v. Hellerstedt in 2016, as the additional admitting privileges required by Texas law interfered with a woman's right to an abortion per Roe v. Wade.[18] While the Texas law was being challenged, the Louisiana law was challenged by abortion clinics and doctors in the state in June Medical Services, LLC v. Gee; while the District Court ordered an injunction on the law, the reversed this decision, allowing the law to come in effect later in 2014. The plaintiffs petitioned the Supreme Court, who granted an emergency stay of the Fifth Circuit's order, pending the result of the pending Texas litigation in Whole Woman's Health. June Medical Services was remanded back to District Court, which found the law unconstitutional under Whole Woman's Health. The Fifth Circuit reversed the District's finding and prepared to allow the law to come back into effect by February 4, 2019, differentiating the case from the Texas one as they found the physician had not taken any steps to try to qualify for this allowance. The plaintiffs again petitioned the Supreme Court for an emergency stay of the Fifth Circuit's decision.[19] Justice Samuel Alito granted the stay of the law until February 7, 2019, stating that the Court needed more time to evaluate the request and had made no merits on the ruling of the case.[20] Subsequently, on February 7, 2019, the Supreme Court ruled 5–4, with Justice John Roberts joining the liberal Justices, in reversing the Firth Circuit's order, effectively preventing the law from going into effect.[21]

Clinic history[]

Number of abortion clinics in Louisiana by year
See also: Abortion clinic

Between 1982 and 1992, the number of abortion clinics in the state decreased by one, going from eighteen in 1982 to seventeen in 1992.[22] In 2014, there were five abortion clinics in the state.[23] In 2014, 92% of the counties in the state did not have an abortion clinic. That year, 63% of women in the state aged 15–44 lived in a county without an abortion clinic.[14] In 2017, there were two Planned Parenthood clinics in a state with a population of 1,089,684 women aged 15–49, of which zero offered abortion services.[24] North Dakota, Wyoming, Mississippi, Louisiana, Kentucky and West Virginia were the only six states as of July 21, 2017, not to have a Planned Parenthood clinic that offered abortion services.[24]

Statistics[]

In the period between 1972 and 1974, the state had an illegal abortion mortality rate per million women aged 15–44 of between 0.1 and 0.9.[25] In 1990, 489,000 women in the state faced the risk of an unintended pregnancy.[22] In 2010, the state had zero publicly funded abortions.[26] In 2001, Arizona, Florida, Iowa, Louisiana, Massachusetts, and Wisconsin did not provide any residence related data regarding abortions performed in the state to the Centers for Disease Control.[27] In 2013, among white women aged 15–19, there were 290 abortions, 640 abortions for black women aged 15–19, zero abortions for Hispanic women aged 15–19, and 60 abortions for women of all other races.[28] In 2014, 39% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[29]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[30]
Census division and state Number Rate % change 1992–1996
1992 1995 1996 1992 1995 1996
US Total 1,528,930 1,363,690 1,365,730 25.9 22.9 22.9 –12
West South Central 127,070 119,200 120,610 19.6 18 18.1 –8
Arkansas 7,130 6,010 6,200 13.5 11.1 11.4 –15
Louisiana 13,600 14,820 14,740 13.4 14.7 14.7 10
Oklahoma 8,940 9,130 8,400 12.5 12.9 11.8 –5
Texas 97,400 89,240 91,270 23.1 20.5 20.7 –10
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
Location Residence Occurrence % obtained by
out-of-state residents 		Year Ref
No. Rate^ Ratio^^ No. Rate^ Ratio^^
Louisiana 13,600 13.4 1992 [30]
Louisiana 14,820 14.7 1995 [30]
Louisiana 14,740 14.7 1996 [30]
Louisiana 9,416 10.0 146 10,322 10.9 160 14.1 2014 [31]
Louisiana 8,515 9 132 9,362 9.9 145 14.6 2015 [32]
Louisiana 8,243 8.8 130 8.973 9.5 142 15.4 2016 [33]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births


Abortion rights views and activities[]

Protests[]

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[34]

Pro-Life rights views and activities[]

Violence[]

1998 saw 6 arson attacks, 4 bombings, 1 murder and 19 acid attacks take place at abortion clinics in the United States.  The butyric acid attacks took place between May and July in Florida, Louisiana and Texas.[35] On December 12, 2005, and threw a Molotov cocktail at a clinic in Shreveport. The device missed the building and no damage was caused. In August 2006, Hughes was sentenced to six years in prison, and Dunahoe to one year. Hughes claimed the bomb was a "memorial lamp" for an abortion she had had there.[36]

References[]

  1. ^ Brownstein, Ronald (2019-05-23). "White Women Are Helping States Pass Abortion Restrictions". The Atlantic. Retrieved 2019-05-26.
  2. ^ a b c Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66: 1774–1831.
  3. ^ Cassens Weiss, Debra (September 6, 2013). "5th Circuit finds no undue burden in law curbing liability protection for abortion providers". ABA Journal. Retrieved October 8, 2013.
  4. ^ Catalanello, Rebecca (September 5, 2013). "Abortion providers challenging Louisiana law suffer setback at 5th Circuit". Times-Picayune. Retrieved October 8, 2013.
  5. ^ Mcconnaughey, Janet (March 29, 2012). "Judge forbids La to enforce abortion liability law". Deseret News. Associated Press. Retrieved October 8, 2013.
  6. ^ Alford, Jeremy (June 7, 2006). "Louisiana Governor Plans to Sign Anti-Abortion Law". The New York Times. Retrieved April 23, 2010.
  7. ^ Times, The New York. "Abortion Restrictions in States". archive.nytimes.com. Retrieved 2019-05-25.
  8. ^ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  9. ^ "State Abortion Counseling Policies and the Fundamental Principles of Informed Consent". Guttmacher Institute. 2007-11-12. Retrieved 2019-05-22.
  10. ^ a b c d Tavernise, Sabrina (2019-05-15). "'The Time Is Now': States Are Rushing to Restrict Abortion, or to Protect It". The New York Times. ISSN 0362-4331. Retrieved 2019-05-24.
  11. ^ "TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price". Guttmacher Institute. 2013-06-27. Retrieved 2019-05-27.
  12. ^ "3 States Trying To Follow In Texas' Footsteps And Shut Down Abortion Clinics". Retrieved 2019-05-27.
  13. ^ Advocate, The. "Politics | News from The Advocate". The Advocate.
  14. ^ a b businessinsider (2018-08-04). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Archived from the original on 2019-05-24. Retrieved 2019-05-24.
  15. ^ Keneally, Meghan (2019-05-30). "Louisiana governor signs 6-week abortion ban into law". ABC News. ISSN 0261-3077. Retrieved 2020-01-24.
  16. ^ "Roll Call: LA SB184 | 2019 | Regular Session". LegiScan. Retrieved 2019-05-26.
  17. ^ Lisa, Andrew. "Notable ballot measures from the 2020 election and how they could reshape America". The Desert Review.
  18. ^ "Supreme Court strengthens right to abortion, strikes down Texas restrictions on clinics". Los Angeles Times. June 27, 2016.
  19. ^ Higgins, Tucker (January 29, 2019). "Eyes on Kavanaugh and Gorsuch as Supreme Court weighs whether Louisiana abortion law can go into effect". CNBC.
  20. ^ de Vogue, Ariana (February 1, 2019). "Supreme Court blocks Louisiana abortion law from taking effect Monday". CNN. Retrieved February 1, 2019.
  21. ^ de Vogue, Ariana (February 7, 2019). "Supreme Court blocks Louisiana abortion law from taking effect". CNN. Retrieved February 7, 2019.
  22. ^ a b Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. DIANE Publishing. ISBN 9780788174810.
  23. ^ Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved 2019-05-23.
  24. ^ a b "Here's Where Women Have Less Access to Planned Parenthood". Retrieved 2019-05-23.
  25. ^ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86–92. doi:10.2307/2133995. JSTOR 2133995. PMID 1269687.
  26. ^ "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
  27. ^ "Abortion Surveillance --- United States, 2001". www.cdc.gov. Retrieved 2019-05-25.
  28. ^ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved 2019-05-24.
  29. ^ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved 2019-05-23.
  30. ^ a b c d "Abortion Incidence and Services in the United States, 1995-1996". Guttmacher Institute. 2005-06-15. Retrieved 2019-06-02.
  31. ^ Jatlaoui, Tara C. (2017). "Abortion Surveillance — United States, 2014". MMWR. Surveillance Summaries. 66 (24): 1–48. doi:10.15585/mmwr.ss6624a1. ISSN 1546-0738. PMC 6289084. PMID 29166366.
  32. ^ Jatlaoui, Tara C. (2018). "Abortion Surveillance — United States, 2015". MMWR. Surveillance Summaries. 67 (13): 1–45. doi:10.15585/mmwr.ss6713a1. ISSN 1546-0738. PMC 6289084. PMID 30462632.
  33. ^ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68. doi:10.15585/mmwr.ss6811a1. ISSN 1546-0738.
  34. ^ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved 2019-05-25.
  35. ^ Jacobson, Mireille; Royer, Heather (December 2010). "Aftershocks: The Impact of Clinic Violence on Abortion Services". American Economic Journal: Applied Economics. 3: 189–223. doi:10.1257/app.3.1.189.
  36. ^ "Louisiana Clinic Bomber Pleads Guilty". Ms. July 13, 2006. Retrieved March 26, 2009.
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