Abortion in Rhode Island

From Wikipedia, the free encyclopedia

Abortion in Rhode Island is legal. On June 19, 2019, the legal right to abortion was codified into Rhode Island law by passage of the Reproductive Privacy Act.[1] 71% of Rhode Islanders were found to support passing a law to protect safe, legal abortion in an October, 2018 poll.[2]

The number of abortion clinics in Rhode Island has fluctuated over the years, with five in 1982, six in 1992 and three in 2014. There were 2,990 legal abortions in 2014, and 2,649 in 2015.

Terminology[]

Main article: Abortion

The abortion debate most commonly relates to the "induced abortion" of an embryo or fetus at some point in a pregnancy, which is also how the term is used in a legal sense.[note 1] Some also use the term "elective abortion", which is used in relation to a claim to an unrestricted right of a woman to an abortion, whether or not she chooses to have one. The term elective abortion or voluntary abortion describes the interruption of pregnancy before viability at the request of the woman, but not for medical reasons.[3]

Anti-abortion advocates tend to use terms such as "unborn baby", "unborn child", or "pre-born child",[4][5] and see the medical terms "embryo", "zygote", and "fetus" as dehumanizing.[6][7] Both "pro-choice" and "pro-life" are examples of terms labeled as political framing: they are terms which purposely try to define their philosophies in the best possible light, while by definition attempting to describe their opposition in the worst possible light. "Pro-choice" implies that the alternative viewpoint is "anti-choice", while "pro-life" implies the alternative viewpoint is "pro-death" or "anti-life".[8] The Associated Press encourages journalists to use the terms "abortion rights" and "anti-abortion".[9]

Context[]

See also: Abortion in the United States

Free birth control correlates to teenage girls having a fewer pregnancies and fewer abortions. A 2014 New England Journal of Medicine study found such a link.  At the same time, a 2011 study by Center for Reproductive Rights and also found that states with more abortion restrictions have higher rates of maternal death, higher rates of uninsured pregnant women, higher rates of infant and child deaths, higher rates of teen drug and alcohol abuse, and lower rates of cancer screening.[10]

According to a 2017 report from the Center for Reproductive Rights and Ibis Reproductive Health, states that tried to pass additional constraints on a women's ability to access legal abortions had fewer policies supporting women's health, maternal health and children's health.  These states also tended to resist expanding Medicaid, family leave, medical leave, and sex education in public schools.[11] According to Megan Donovan, a senior policy manager at the Guttmacher Institute, states have legislation seeking to protect a woman's right to access abortion services have the lowest rates of infant mortality in the United States.[11]
Poor women in the United States had problems paying for menstrual pads and tampons in 2018 and 2019. Almost two-thirds of American women could not pay for them. These were not available through the federal Women, Infants, and Children Program (WIC).[12] Lack of menstrual supplies has an economic impact on poor women.  A study in St. Louis found that 36% had to miss days of work because they lacked adequate menstrual hygiene supplies during their period.  This was on top of the fact that many had other menstrual issues including bleeding, cramps and other menstrual induced health issues.[12] This state was one of a majority that taxed essential hygiene products like tampons and menstrual pads as of November 2018.[13][14][15][16]

History[]

Legislative history[]

By the end of the 1800s, all states in the Union except Louisiana had therapeutic exceptions in their legislative bans on abortions.[17] 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.[17]

The state was one of ten states in 2007 to have a customary informed consent provision for abortions.[18] In 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to medication induced abortions and private doctor offices in addition to abortion clinics.[19]

As of May 14, 2019, the state prohibited abortions after the fetus was viable, considered to be 24 weeks. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling.[20][21][22] Another provision was on the books banning abortion at 12 weeks but it was not enforceable by law.[21] In May 2019, Rhode Island's Senate Judiciary Committee considered a bill that would have allowed the right to an abortion to be codified into state law before finally rejecting it.[23][24][21]

On June 19, 2019, both the Rhode Island Senate and the Rhode Island House of Representatives passed the Reproductive Privacy Act. The House voted 45–29[25] and the Senate voted 21–17.[26] Governor Raimondo signed the legislation the same night.

On August 27, 2019, a motion was filed in Superior Court which alleges the Reproductive Privacy Act violated Article I, Section 2 of the Rhode Island Constitution.[27] These allegations are premised on plaintiffs' argument that Article I, Section2 prohibits the General Assembly from passing any law that would grant or secure any rights relating to abortion or the funding thereof.[28]

Judicial history[]

Abortion laws in the U.S. before the 1973 Roe v. Wade
  Illegal (30)
  Legal in case of rape (1)
  Legal in case of danger to woman's health (2)
  Legal in case of danger to woman's health, rape or incest, or likely damaged fetus (13)
  Legal on request (4)
[citation needed]

Before the US Supreme Court decision Roe v. Wade decriminalized abortion nationwide in 1973, abortion was already legal in several states, but the decision imposed a uniform framework for state legislation on the subject. It established a minimal period during which abortion is legal (with more or fewer restrictions throughout the pregnancy). That basic framework, modified in Planned Parenthood v. Casey (1992), remains nominally in place, although the effective availability of abortion varies significantly from state to state, as many counties have no abortion providers.[29] Planned Parenthood v. Casey held that a law cannot place legal restrictions imposing an undue burden for "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus."[30]

Clinic history[]

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

Between 1982 and 1992, the number of abortion clinics in the state increased from five in 1982 to six in 1992.[31] In 2014, there were three abortion clinics in the state.[32] In 2014, 80% of the counties in the state did not have an abortion clinic. That year, 36% of women in the state aged 15–44 lived in a county without an abortion clinic.[33] In 2017, there was one Planned Parenthood clinic, which offered abortion services, in a state with a population of 246,389 women aged 15–49.[34]

Statistics[]

In the period between 1972 and 1974, there were no recorded illegal abortion deaths in the state.[35] In 1990, 137,000 women in the state faced the risk of an unintended pregnancy.[31] In 2010, the state had no publicly funded abortions.[36] In 2014, 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[37] In 2017, the state had an infant mortality rate of 6.2 deaths per 1,000 live births.[11]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[38]
Census division and state Number Rate % change 1992–1996
1992 1995 1996 1992 1995 1996
Total 1,528,930 1,363,690 1,365,730 25.9 22.9 22.9 –12
New England 78,360 71,940 71,280 25.2 23.6 23.5 –7
Connecticut 19,720 16,680 16,230 26.2 23 22.5 –14
Maine 4,200 2,690 2,700 14.7 9.6 9.7 –34
Massachusetts 40,660 41,190 41,160 28.4 29.2 29.3 3
New Hampshire 3,890 3,240 3,470 14.6 12 12.7 –13
Rhode Island 6,990 5,720 5,420 30 25.5 24.4 –19
Number of reported abortions and abortion rate, selected years; and percentage change in rate, 2008–2011—all by region and state in which the abortions occurred[39]
Region and state Number Rate (abortions per 1,000 women aged 15–44.) % change 2008–2011
2008 2010 2011 2008 2010 2011
Total 1,212,350 1,102,670 1,058,490 19.4 17.7 16.9 −13
Northeast 302,710 281,250 272,020 27.1 25.3 24.6 −9
Connecticut 17,030 15,430 14,640 24.4 22.3 21.3 −13
Maine 2,800 2,490 2,360 11.2 10.3 9.9 −12
Massachusetts 24,900 24,360 24,030 18.4 18.0 17.8 −3
New Hampshire 3,200 3,040 3,200 12.4 12.2 12.9 4
New Jersey 54,160 48,840 46,990 30.9 28.1 27.1 −12
New York 153,110 142,790 138,370 37.7 35.3 34.2 −9
Pennsylvania 41,000 38,650 36,870 16.7 15.8 15.1 −9
Rhode Island 5,000 4,290 4,210 22.9 20.0 19.8 −13
Vermont 1,510 1,370 1,370 12.5 11.6 11.7 −7
Number of reported abortions and abortion rate in 2014, 2016 and 2017; and percentage change in rates between 2014 and 2017, all by region and state in which the abortion occurred[40]
Region and state Number Rate (abortions per 1,000 women aged 15–44.) % change 2014–2017
2014 2016 2017 2014 2016 2017
U.S. Total 926,190 874,080 862,320 14.6 13.7 13.5 –8
Northeast 240,320 232,040 224,310 21.8 21.2 20.5 –6
Connecticut 13,140 12,210 11,910 19.2 18.1 17.7 –8
Maine 2,220 2,060 2,040 9.5 8.9 8.8 –7
Massachusetts 21,020 19,200 18,590 15.3 14.0 13.5 –12
New Hampshire 2,540 2,310 2,210 10.4 9.6 9.2 –12
New Jersey 44,460 48,300 48,110 25.8 28.2 28.0 9
New York 119,940 110,840 105,380 29.6 27.6 26.3 –11
Pennsylvania 32,030 32,230 31,260 13.3 13.5 13.1 –1
Rhode Island 3,580 3,510 3,500 17.0 16.8 16.7 –2
Vermont 1,400 1,360 1,300 12.1 12.0 11.4 –5
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^^
Rhode Island 2,581 12.3 238 2,990 14.2 276 16 2014 [41]
Rhode Island 2,348 11.2 214 2,649 12.6 241 14.7 2015 [42]
Rhode Island 2,223 10.7 206 2,479 11.9 230 12.9 2016 [43]
^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.[44]

Footnotes[]

  1. ^ According to the Supreme Court's decision in Roe v. Wade:

    (a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgement of the pregnant woman's attending physician. (b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. (c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgement, for the preservation of the life or health of the mother.

    Likewise, Black's Law Dictionary defines abortion as "knowing destruction" or "intentional expulsion or removal".


References[]

  1. ^ "Rhode Island codifies Roe v Wade into State Law". UpriseRI.com.
  2. ^ "Campaign 2018 poll: Hot-button issues divide R.I. voters, lawmakers and Catholic church". Providence Journal.
  3. ^ Watson, Katie (20 Dec 2019). "Why We Should Stop Using the Term "Elective Abortion"". AMA Journal of Ethics. 20 (12): E1175-1180. doi:10.1001/amajethics.2018.1175. PMID 30585581. Retrieved 17 May 2019.
  4. ^ Chamberlain, Pam; Hardisty, Jean (2007). "The Importance of the Political 'Framing' of Abortion". The Public Eye Magazine. 14 (1).
  5. ^ "The Roberts Court Takes on Abortion". New York Times. November 5, 2006. Retrieved January 18, 2008.
  6. ^ Brennan 'Dehumanizing the vulnerable' 2000
  7. ^ Getek, Kathryn; Cunningham, Mark (February 1996). "A Sheep in Wolf's Clothing – Language and the Abortion Debate". Princeton Progressive Review.
  8. ^ "Example of "anti-life" terminology" (PDF). Archived from the original (PDF) on 2011-07-27. Retrieved 2011-11-16.
  9. ^ Goldstein, Norm, ed. The Associated Press Stylebook. Philadelphia: Basic Books, 2007.
  10. ^ Castillo, Stephanie (2014-10-03). "States With More Abortion Restrictions Hurt Women's Health, Increase Risk For Maternal Death". Medical Daily. Retrieved 2019-05-27.
  11. ^ Jump up to: a b c "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved May 25, 2019.
  12. ^ Jump up to: a b Mundell, E.J. (January 16, 2019). "Two-Thirds of Poor U.S. Women Can't Afford Menstrual Pads, Tampons: Study". US News & World Report. Retrieved May 26, 2019.
  13. ^ Larimer, Sarah (January 8, 2016). "The 'tampon tax,' explained". The Washington Post. Archived from the original on December 11, 2016. Retrieved December 10, 2016.
  14. ^ Bowerman, Mary (July 25, 2016). "The 'tampon tax' and what it means for you". USA Today. Archived from the original on December 11, 2016. Retrieved December 10, 2016.
  15. ^ Hillin, Taryn. "These are the U.S. states that tax women for having periods". Splinter. Retrieved 2017-12-15.
  16. ^ "Election Results 2018: Nevada Ballot Questions 1-6". KNTV. Retrieved 2018-11-07.
  17. ^ Jump up to: a b Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
  18. ^ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
  19. ^ "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.
  20. ^ Lai, K. K. Rebecca (2019-05-15). "Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year". The New York Times. ISSN 0362-4331. Retrieved 2019-05-24.
  21. ^ Jump up to: a b c "Are there *any* states working to protect abortion rights?". Well+Good. 2019-05-17. Retrieved May 25, 2019.
  22. ^ 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.
  23. ^ "National Debate Over Abortion Laws Comes To Rhode Island". www.wbur.org. Retrieved 2019-05-23.
  24. ^ Gregg, Katherine. "Abortion-rights bill voted down by R.I. Senate Judiciary Committee". providencejournal.com. Retrieved May 25, 2019.
  25. ^ "The State of Rhode Island General Assembly". webserver.rilin.state.ri.us. Retrieved 2021-08-09.
  26. ^ "The State of Rhode Island General Assembly". webserver.rilin.state.ri.us. Retrieved 2021-08-09.
  27. ^ [1]
  28. ^ [2]
  29. ^ Alesha Doan (2007). Opposition and Intimidation: The Abortion Wars and Strategies of Political Harassment. University of Michigan Press. p. 57. ISBN 9780472069750.
  30. ^ Casey, 505 U.S. at 877.
  31. ^ Jump up to: 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.
  32. ^ 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.
  33. ^ 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.
  34. ^ "Here's Where Women Have Less Access to Planned Parenthood". Retrieved 2019-05-23.
  35. ^ 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.
  36. ^ "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
  37. ^ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics | Pew Research Center". Retrieved 2019-05-23.
  38. ^ "Abortion Incidence and Services in the United States, 1995-1996". Guttmacher Institute. 2005-06-15. Retrieved 2019-06-02.
  39. ^ "Abortion Incidence and Service Availability In the United States, 2011". Guttmacher Institute. 2014-02-14. Retrieved 2020-02-06.
  40. ^ "Abortion Incidence and Service Availability in the United States, 2017". Guttmacher Institute. 2019-09-01. Retrieved 2020-02-06.
  41. ^ 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.
  42. ^ 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.
  43. ^ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi:10.15585/mmwr.ss6811a1. ISSN 1546-0738. PMID 31774741.
  44. ^ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved May 25, 2019.
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