Final Exam- Abortion

Question 1

Were abortions allowed before quickening (the feeling of the baby kick)

Answer 1

Yes. Abortions were allowed before quickening. However, they were only allowed in the exception of saving the mother’s life

Question 2

What did Pope Gregory the 13th support ?

Answer 2

Pope Gregory supported abortions before the quickening of the baby. He stated that abortion should be legal in the first 40 days of a woman’s pregnancy or for single extraordinary circumstances.
- Such as having the baby out of wedlock or an affair with a person outside of the religion during the 16th century

Question 3

True or False: Major religions outlaw abortion right at conception of the baby

Answer 3

True

Question 4

During the 18th Century……

Answer 4

Abortions continued to outlawed with exceptions, like single moms that are endangered due to honour killings, being bestrode to another or rape

Question 5

What is the the Yellow Pearl ?

Answer 5

Fear of immigration and the takeover of white supremacy and purity of the asian population

Question 6

In the 19th Century, what are the main reasons abortions were outlawed?

Answer 6

• The Yellow Pearl
• Fear of Feminism
• Introduction of the theory of Evolution
• Fear of Quacks and Midwives

Question 7

Fear of Feminism

Answer 7

Women’s autonomy and the talk of women’s autonomy was introduced, establishing control of women’s autonomy and power can shut down the movement

Question 8

Theory of Evolution by scientist Charles Darwin

Answer 8

Challenges and threathens churches and religious groups control and power

Question 9

Fear of Quacks and Midwives

Answer 9

Quacks and Midwives (who performed abortions) from medical profession doctors began opening practices and wanted to become a stronger branch in medicine, hence why they pushed for other establishments in medicine

Question 10

Explain how the Abortion issue shifted from a conservative/religious position in the 19th century to a secular, liberal position by the end of the 20th century (8 main events) (LOPIBCWM)

Answer 10

1. Lord Ellenborough’s Act
2. Offences against the Person Act
3. Pope Pius IX Declaration
4. The Infant Life Preservation Act
5. Rex v. Bourne
6. Criminal Law Amendment Act, 1968-69
7. Rod v. Wade US (1973)
8. R.v. Morgentaler (1988)

Question 11

Lord Ellenborough’s Act (1803)

Answer 11

• Abortion after the quickening of the baby carries the death penalty.
• Before the quickening, it accounts for a misdemeanour (a minor crime)

Question 12

Offences of the Person Act

Answer 12

Punishment to abortion at any point of pregnancy will be a life sentence, permanemt exhile

Question 13

Pope Pius IX Declaration

Answer 13

• All exceptions to abortions are gone.
  Laws become punitive
  1895 no abortions to save a women’s life

Question 14

The Infant Life Preservation Act

Answer 14

• The only exception is to save a woman’s life.
• No abortions for rape
• Strictest Abortion Laws to combat science, immigration, feminism to maintain and gain control

Question 15

R.v Bourne

Answer 15

• A teen was raped by group of men
• due to this, rape would become an exception for abortion

Question 16

Criminal Law Amendment Act (1968-69)

Answer 16

• Trudy government decriminalized abortions in one year. Thus creating a three procedure process to receive an abortion
  1) Registered in an credited hospital (No midwife or private clinics)
  2) Had to great permission from the therapeutic abortion committee (consisting of male doctors)
  3) Prove abortion was threatening to your physical life or health to the therapeutic committee

-Feminist wanted total control and went to the supreme court

Question 17

What are the three procedures a woman must go through to get an abortion in 1968-69 ?

Answer 17

1) Registered in an credited hospital (No midwife or private clinics)

2) Had to great permission from the therapeutic abortion committee (consisting of male doctors)

3) Prove abortion was threatening to your physical life or health to the therapeutic committee

Question 18

Roe v. Wade

Answer 18

Decriminalized abortions under court compromise. This time, the three part reasoning surrounded the viability of the fetus.

1) First trimester: abortions can be performed for any reason – the fetus is not viable and cannot live outside the womb.

2) Second trimester: abortions cane be performed if the mother’s life is at risk.

3) Third trimester: as the fetus is viable, the state can take an interest – exceptions include the fetus is compromised or threatens the health of the mother

Question 19

What is the 3 part reasoning surrounding Roe. Wade

Answer 19

First trimester: abortions can be performed for any reason – the fetus is not viable and cannot live outside the womb.

Second trimester: abortions cane be performed if the mother’s life is at risk.

Third trimester: as the fetus is viable, the state can take an interest – exceptions include the fetus is compromised or threatens the health of the mother

Question 20

What are the polarized arguments for Pro-choice (5 main agruments)

Answer 20

1) Women should maintain bodily controls they are the primary host – hence they dictate autonomy over their body. – Fetuses are secondary hosts.

2) Legal persons hold – fetuses are not legal persons as they hold no legal rights.

3) Real life scenarios:
Verona Parkinson – had an abortion that benefited her psychologically, as she was a student and a single, black poor women. 90% of American say that post-abortions they do not have long term psychological affects – and this case proved abortions can have phycological benefits.

4) Dorothea Palmer – Arrested in 1987 for illegally distributing contraception to help poor people control family sixes. Took her case to court and won – she was preforming a social good that broke the law. Utilizing this case, they argued why can’t Morgentaler case be viewed as a social good that broke the law?

5) Defence of necessities: abortions are necessary to protect the life and health of all the mother’s physical health and physical wellbeing.

Question 21

Verona Parkinson

Answer 21

had an abortion that benefited her psychologically, as she was a student and a single, black poor women. 90% of American say that post-abortions they do not have long term psychological affects – and this case proved abortions can have phycological benefits.

Question 22

Dorothea Palmer

Answer 22

Arrested in 1987 for illegally distributing contraception to help poor people control family sixes. Took her case to court and won – she was preforming a social good that broke the law. Utilizing this case, they argued why can’t Morgentaler case be viewed as a social good that broke the law?

Question 23

What are the polarized arguments of Pro-life:

Answer 23

• Belief that fetus is a Cohost: since the fetus has separate organs, different blood type, own heartbeat and can live outside the womb after viability/. Furthermore, the fetus can inherit property and child welfare can step in if you are possibly harming the health of your fetus, of child welfare can get involved in defense of the fetus it is a different person.
• Personhood applied to the fetus – they are people, religious laws ban it and it’s implied within the law.
• Mrs. K (witness that was not disclosed): states that she had an abortion, and it was psychologically damaging to her.
• Bernard Nathanson: originally an abortionist, but after witnessing an ultrasound he changed his perspective as he believed it was evil and quit performing abortions. He was an atheist, hence they argued that it was not religiously based, and a scientific individual converted.
• Impossibility: it is impossible that all Morgentaler abortions were needed to save a woman’s life – as most abortions are done for socioeconomic purposes, just due to inconvenience rather than necessities, and inconvenience is not a just reason for abortions.

Question 24

What empirical data in the Badgley Report helped influence the Supreme Court’s decision in finding Canada’s abortion law unconstitutional?

Answer 24

The supreme court decided based on science:
Badgley Report suggested some geographic regions in Canada do not have close hospitals close by, forcing people to travel and spend more money to reach a hospital – hence creating travel expense that was limiting to women to perform an abortion. It was a financial burden for women to seek abortion especially those in rural areas. – Hence, the allowance of clinics creates needed access with no limitations.

Question 25

What are other reasons the empirical data in the Badgley Report helped influence the Supreme Court’s decision in finding Canada’s abortion law unconstituional?

Answer 25

• Some hospitals refuse to perform abortions, due to the violent criticism they would receive and biased beliefs. – Picketers ad people with signs outside ruining reputations
• Therapeutic abortion committees’ decisions came down to the members biases and hence the decision making was not fair – the reasons for refusal or acceptance varied – the bias of the committee created unfair rulings.
• Men cannot understand the psychology of women and hence have no right to dictate. It is outside of their realm of experience, and men can relate to only objectifying it, thereby eliminating the subjective element of female psyche.

Question 26

Progress is ..

Answer 26

Provisonsal. It can go back to square one – you must be vigilant of a law is passed you have to keep fighting for its existence.

Question 27

Why did Henry Mongentaler believe that women should have full access to abortions

Answer 27

His humanism. His faith in people and in juries

Question 28

Why he Henry Morgentaler Pro-choice

Answer 28

• Grew up in Poland as German’s Hitley government occupied Poland.
• He learnt from his father, statism, fighting against state authority and a government that asserts too much control or power against individuals became suspicious – as the Nazis practiced similar control. Thus mistrusting goverment
• He believed it was his moral duty to offer women help – he had a comfortable life and still risked prison – jeopardizing his success and the life he has built for the cause.

Question 29

What did Henry Morgentaler do?

Answer 29

• In 1968 Morgentaler starts practicing abortions illegally as it was a punishable offense by life in prison, only clinic in the country that offer abortions – he wanted to present a humanistic view Infront of the people and government.
• Most illegal abortions were dangerous and as a reult many woman were rushed to the hospital as a consequence of having illegal abortion. Hence why he advocated a lot for access for all woman

-He broadcasted an abortion in 1973 – aggravating the public and the government.

• He faced a lot of threats and violence from various people

Question 30

Henry Morgentaler’s Case

Answer 30

• The jury was aware he was already illegally practicing abortions – however since the jury society could relate to him and knew his work the jury said he was acquitted (he was free), as they did not want him to go to prison – the juries liked him, they let him off.
• Government hated him as even the jury was not even to convict him – and for the first time in Canada a higher court changes the jury’s verdict.
• The creation of the Morgentaler amend – that established no higher court can changes the jury’s verdict.

-Since the jury acquitted him three times – he was released

• He decided to make change by continuing to break the law.

-1983, he got arrested in Toronto and the prochoice movement fought the government with the presence of 12,000 people.

• The people and government were becoming more aware of the resistance and the shift in pro-life and pro-choice stance of the people.
• 1988 – the government threw out Canada’s abortion laws.

-1992 – a bomb destroyed his clinic

Question 31

Canadian Abortion Laws

Answer 31

• Canada currently does not have any abortion laws.
• For lack of a comprehensive abortion law, women in Canada can still be punished by geography.

Question 32

What was found by the SCC on abortion laws section 7

Answer 32

• Forcing a woman by threat of criminal sanctions to carry a fetus to term unless she meets certain criteria unrelated to her own priorities and aspirations is profound interference with a woman’s body and this an infringement of security of the person.
• Another breach of the right to security of the person occurs independently because of the delay in obtaining therapeutic abortions caused by the mandatory procedures which result in a higher probability of complications and greater risk.
• The harm to the psychological integrity of women seeking abortions was clearly established: any infringement of the right to life, liberty and security of the person must comport with the principles of fundamental justice.

Question 33

Section 7

Answer 33

Liberty in a free and democratic society does not require the state to approve such decisions but it does require a state to respect them