Final Exam- Abortion Flashcards
Were abortions allowed before quickening (the feeling of the baby kick)
Yes. Abortions were allowed before quickening. However, they were only allowed in the exception of saving the mother’s life
What did Pope Gregory the 13th support ?
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
True or False: Major religions outlaw abortion right at conception of the baby
True
During the 18th Century……
Abortions continued to outlawed with exceptions, like single moms that are endangered due to honour killings, being bestrode to another or rape
What is the the Yellow Pearl ?
Fear of immigration and the takeover of white supremacy and purity of the asian population
In the 19th Century, what are the main reasons abortions were outlawed?
- The Yellow Pearl
- Fear of Feminism
- Introduction of the theory of Evolution
- Fear of Quacks and Midwives
Fear of Feminism
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
Theory of Evolution by scientist Charles Darwin
Challenges and threathens churches and religious groups control and power
Fear of Quacks and Midwives
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
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)
- Lord Ellenborough’s Act
- Offences against the Person Act
- Pope Pius IX Declaration
- The Infant Life Preservation Act
- Rex v. Bourne
- Criminal Law Amendment Act, 1968-69
- Rod v. Wade US (1973)
- R.v. Morgentaler (1988)
Lord Ellenborough’s Act (1803)
- Abortion after the quickening of the baby carries the death penalty.
- Before the quickening, it accounts for a misdemeanour (a minor crime)
Offences of the Person Act
Punishment to abortion at any point of pregnancy will be a life sentence, permanemt exhile
Pope Pius IX Declaration
- All exceptions to abortions are gone.
Laws become punitive
1895 no abortions to save a women’s life
The Infant Life Preservation Act
- 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
R.v Bourne
- A teen was raped by group of men
- due to this, rape would become an exception for abortion
Criminal Law Amendment Act (1968-69)
- 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
What are the three procedures a woman must go through to get an abortion in 1968-69 ?
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
Roe v. Wade
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
What is the 3 part reasoning surrounding Roe. Wade
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
What are the polarized arguments for Pro-choice (5 main agruments)
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.
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.
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?
What are the polarized arguments of Pro-life:
- 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.
What empirical data in the Badgley Report helped influence the Supreme Court’s decision in finding Canada’s abortion law unconstitutional?
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.