Abortion in West Virginia

From Wikipedia, the free encyclopedia

Abortion in West Virginia is legal however only 35% of West Virginians in a poll approved of legalized abortion in most or all situations.

The number of clinics in West Virginia has declined steeply from the original nineteen over the years, with ten in 1982, five in 1992, two in 2014, and one in 2017.  There were 1,730 legal abortions in 2014, and 1,516 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.[1]

Anti-abortion advocates tend to use terms such as "unborn baby", "unborn child", or "pre-born child",[2][3] and see the medical terms "embryo", "zygote", and "fetus" as dehumanizing.[4][5] 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".[6] The Associated Press encourages journalists to use the terms "abortion rights" and "anti-abortion".[7]

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.[8]

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.[9] 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.[9]

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).[10] 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.[10] This state was one of a majority that taxed essential hygiene products like tampons and menstrual pads as of November 2018.[11][12][13][14]

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.[15] 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.[15]

Some doctors in 2017 would privately prescribe drugs to induce abortions or perform medical procedures on women outside the clinic context, and mostly only to friends and family.[16]

Legislative and judicial history[]

West Virginia's primary abortion statute is a holdover from a Virginia law passed in 1848.[17] The statute reads:

Any person who shall administer to, or cause to be taken by, a woman, any drug or other thing, or use any means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and shall thereby destroy such child, or produce such abortion or miscarriage, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years; and if such woman die by reason of such abortion performed upon her, such person shall be guilty of murder. No person, by reason of any act mentioned in this section, shall be punishable where such act is done in good faith, with the intention of saving the life of such woman or child.

— West Virginia Code, § 61-2-8[18]

In Roe v. Wade (1973,) the Supreme Court of the United States ruled that states could no longer regulate abortion in the first trimester.[19] Following this, the above statute was declared unconstitutional by the Fourth Circuit Court of Appeals in Doe v. Charleston Area Medical Center (1975;) while the statute has been unenforceable since then, it has remained on the books and would go back into effect if Roe is overturned.[20]

The West Virginia Legislature passed the Women's Right To Know Act in 2002, requiring abortion providers to read a counselling script to women seeking an abortion.[16] These materials include details on fetal development by week and a list of "psychological risks" of the procedure, including guilt, depression, suicidal thoughts or acts, and "chronic relationship problems".[21] Earlier editions of the script labelled the psychological risks as "post-traumatic stress disorder", in addition to containing scientifically unsupported warnings about a link between abortion and breast cancer.[22][23][24]

In March 2015, the West Virginia legislature overrode a veto from governor Earl Ray Tomblin to pass "The Pain-Capable Unborn Child Protection Act", outlawing abortions more than 20 weeks into a pregnancy.[25][26]

West Virginia requires parental consent for a minor to receive an abortion. Historically, this could be avoided by a waiver from a physician; in 2017, HB2002 was enacted, requiring the physician's waiver to also be approved by a judge.[16][27]

Clinic history[]

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

The opened in 1976.[16] Between 1982 and 1992, the number of abortion clinics in the state declined by five, going from ten in 1982 to five in 1992.[28] In 1998, 96% of the counties in the state lacked an abortion clinic.[28]

In 2014, there were two abortion clinics in the state.[29] In 2014, 98% of the counties in the state did not have an abortion clinic. That year, 90% of women in the state aged 15–44 lived in a county without an abortion clinic.[30] In 2017, only about 20% of all patients at the Women's Health Center of West Virginia went seeking abortion services. Women came from Ohio and Kentucky to utilize their services. Few came from Virginia, which had more clinics providing abortion services.[16] In 2017, there was only one Planned Parenthood clinic in a state with a population of 392,351 women aged 15–49 and it did not provide abortion services.[31] 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.[32] In January 2017, shut down after the doctor running the clinic moved to California, leaving the state with only one operating abortion clinic.[16] In May 2019, the state was one of six states in the nation with only one abortion clinic.[33]

Statistics[]

In the period between 1972 and 1974, there were zero recorded illegal abortion deaths in the state.[34] In 1990, 179,000 women in the state faced the risk of an unintended pregnancy.[28] In 2013, among white women aged 15–19, there were 230 abortions, 40 abortions for black women aged 15–19, 0 abortions for Hispanic women aged 15–19, and 0 abortions for women of all other races.[35] In 2014, only 35% of West Virginians in a poll approved of legalized abortion in most or all situations.[36] In 2016, only four minors had abortions that bypassed parental consent by getting a waiver.[16] In 2017, the state had an infant mortality rate of 7.0 deaths per 1,000 live births.[9]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[37]
Census division and state Number Rate % change 1992–1996
1992 1995 1996 1992 1995 1996
South Atlantic 269,200 261,990 263,600 25.9 24.6 24.7 –5
Delaware 5,730 5,790 4,090 35.2 34.4 24.1 –32
District of Columbia 21,320 21,090 20,790 138.4 151.7 154.5 12
Florida 84,680 87,500 94,050 30 30 32 7
Georgia 39,680 36,940 37,320 24 21.2 21.1 –12
Maryland 31,260 30,520 31,310 26.4 25.6 26.3 0
North Carolina 36,180 34,600 33,550 22.4 21 20.2 –10
South Carolina 12,190 11,020 9,940 14.2 12.9 11.6 –19
Virginia 35,020 31,480 29,940 22.7 20 18.9 –16
West Virginia 3,140 3,050 2,610 7.7 7.6 6.6 –14
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^^
West Virginia 1,884 5.6 93 1,730 5.1 85 13.2 2014 [38]
West Virginia 1,736 5.2 88 1,516 4.5 77 12.7 2015 [39]
West Virginia 1,637 5.0 86 1,428 4.4 75 12.0 2016 [40]
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births

Abortion financing[]

State Medicaid coverage of medically necessary abortion services. Navy blue: Medicaid covers medically necessary abortion for low-income women through legislation. Royal blue: Medicaid covers medically necessary abortions for low-income women under court order. Gray: Medicaid denies abortion coverage for low-income women except for cases of rape, incest, or life endangerment.

Since 2018 West Virginia covers abortion only in case of rape, incest, or life endangerment.[41] Before 2018 West Virginia used their own funds to cover all or most "medically necessary" abortions sought by low-income women under Medicaid.[42] In 2010, the state had 1,111 publicly funded abortions, of which all were state funded and none were federally funded.[43]

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.[25]

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. ^ Watson, Katie (20 Dec 2019). "Why We Should Stop Using the Term "Elective Abortion"". AMA Journal of Ethics. 20: E1175-1180. doi:10.1001/amajethics.2018.1175. PMID 30585581. Retrieved 17 May 2019.
  2. ^ Chamberlain, Pam; Hardisty, Jean (2007). "The Importance of the Political 'Framing' of Abortion". The Public Eye Magazine. 14 (1).
  3. ^ "The Roberts Court Takes on Abortion". New York Times. November 5, 2006. Retrieved January 18, 2008.
  4. ^ Brennan 'Dehumanizing the vulnerable' 2000
  5. ^ Getek, Kathryn; Cunningham, Mark (February 1996). "A Sheep in Wolf's Clothing – Language and the Abortion Debate". Princeton Progressive Review.
  6. ^ "Example of "anti-life" terminology" (PDF). Archived from the original (PDF) on 2011-07-27. Retrieved 2011-11-16.
  7. ^ Goldstein, Norm, ed. The Associated Press Stylebook. Philadelphia: Basic Books, 2007.
  8. ^ Castillo, Stephanie (2014-10-03). "States With More Abortion Restrictions Hurt Women's Health, Increase Risk For Maternal Death". Medical Daily. Retrieved May 27, 2019.
  9. ^ a b c "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved May 25, 2019.
  10. ^ 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.
  11. ^ Larimer, Sarah (January 8, 2016). "The 'tampon tax,' explained". The Washington Post. Archived from the original on December 11, 2016. Retrieved December 10, 2016.
  12. ^ 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.
  13. ^ Hillin, Taryn. "These are the U.S. states that tax women for having periods". Splinter. Retrieved 2017-12-15.
  14. ^ "Election Results 2018: Nevada Ballot Questions 1-6". KNTV. Retrieved 2018-11-07.
  15. ^ a b Brownstein, Ronald (May 23, 2019). "White Women Are Helping States Pass Abortion Restrictions". The Atlantic. Retrieved May 26, 2019.
  16. ^ a b c d e f g McCann, Allison (May 23, 2017). "Seven states have only one remaining abortion clinic. We talked to the people keeping them open". Vice News. Retrieved May 23, 2019.
  17. ^ Acts passed at a General Assembly of the Commonwealth of Virginia (1847/1848 ed.). Richmond, Virginia. p. 96.
  18. ^ "§61-2-8. Abortion; penalty". West Virginia Code. West Virginia Legislature. Retrieved February 27, 2021.
  19. ^ Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66: 1774–1831.
  20. ^ Linton, Paul Benjamin (2007). "The Legal Status of Abortion in the States if Roe v. Wade is Overruled". Issues in Law & Medicine. 23 (1): 3–43.
  21. ^ "Women's Right to Know Home Page". West Virginia Department of Health and Human Resources. Retrieved February 27, 2021.
  22. ^ Women's Right to Know Home Page, archived from the original on April 20, 2008, retrieved February 27, 2021
  23. ^ "Do abortions cause breast cancer? Kansas State House Abortion Act invokes shaky science for political gain". Slate Magazine. Retrieved 28 June 2015.
  24. ^ "Misinformed Consent: The Medical Accuracy of State-Developed Abortion Counseling Materials". 25 October 2006.
  25. ^ a b Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved May 25, 2019.
  26. ^ Sullivan, Peter (2015-03-06). "West Virginia overrides veto to ban abortions after 20 weeks". The Hill. Retrieved 2019-06-02.
  27. ^ "Parental notification of abortions performed on unaccompanied minors". Article 2F,  of May 8, 2017. West Virginia Legislature.
  28. ^ a b c 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.
  29. ^ 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 May 23, 2019.
  30. ^ 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 May 24, 2019.
  31. ^ "Here's Where Women Have Less Access to Planned Parenthood". Retrieved May 23, 2019.
  32. ^ "Here's Where Women Have Less Access to Planned Parenthood". Retrieved May 23, 2019.
  33. ^ Holly Yan. "These 6 states have only 1 abortion clinic left. Missouri could become the first with zero". CNN. Retrieved 2019-06-02.
  34. ^ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86. doi:10.2307/2133995. JSTOR 2133995. PMID 1269687.
  35. ^ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved May 24, 2019.
  36. ^ Yaver, Miranda (March 27, 2017). "States with more Planned Parenthood clinics have fewer teen births and sexually transmitted diseases". Washington Post.
  37. ^ "Abortion Incidence and Services in the United States, 1995-1996". Guttmacher Institute. 2005-06-15. Retrieved 2019-06-02.
  38. ^ 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.
  39. ^ 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.
  40. ^ Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68. doi:10.15585/mmwr.ss6811a1. ISSN 1546-0738.
  41. ^ "Agency over healthcare for poor already adjusting to WV abortion amendment". 12 November 2018.
  42. ^ Francis Roberta W. "Frequently Asked Questions". Equal Rights Amendment. Alice Paul Institute. Archived from the original on 2009-04-17. Retrieved 2009-09-13.
  43. ^ "Guttmacher Data Center". data.guttmacher.org. Retrieved May 24, 2019.
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