Abortion in Louisiana
Abortion in Louisiana is mostly illegal as of August 1, 2022.[1]
In 2022, Governor John Bel Edwards (D) signed a law criminalizing abortion providers. An earlier version of the bill had also sought to criminalize abortion seekers, but this was vehemently opposed by both opponents and advocates of abortion rights.[2] In 2023, some lawmakers proposed adding exceptions for rape and incest, but these proposals were defeated.[3]
A 2022
History
Legislative
By the end of the 1800s, Louisiana was the only state lacking a
A 1997 Louisiana law created a civil cause-of-action for abortion-related damages, including damage to the unborn child for up to ten years after the abortion. The same law also barred the state's Patient's Compensation Fund (which limits malpractice liability for participating physicians) from insuring against abortion-related claims.[6][7] An attorney for the Center for Reproductive Rights, who opposes the law, stated that it 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 child.[8]
On June 19, 2006, ex-Governor Kathleen Blanco signed a trigger ban on most forms of abortion, with the exception of threats to the life or permanent health of the mother. Although supporting exceptions for cases involving rape and incest, she stated that the lack of their inclusion was not sufficient grounds to veto the law. The law would allow for the prosecution of any person who performed, or aided someone in performing, an abortion. It included penalties up to 10 years imprisonment and a fine of $100,000.[9]
In the 2000s, Louisiana passed a law banning abortions after 22 weeks based on the belief that fetuses can feel pain at that point in a pregnancy.[10] In 2007, Louisiana was one of 23 states to have a detailed abortion-specific informed-consent requirement.[11] By law, abortion providers in Louisiana were required to perform an ultrasound on a pregnant woman prior to providing her with abortion services, despite the fact that it serves no medical purpose at that point of gestation.[12]
In 2011, Louisiana became one of six states to introduce a bill (which failed to pass) banning abortion in almost all cases.
One of the most active years (in terms of trying to pass abortion rights restrictions) for state legislatures across the nation was 2019. Many Republican-led states began to push these bills after Brett M. Kavanaugh was confirmed as a US Supreme Court judge (Kavanaugh replacing the more liberal Anthony M. Kennedy). These state governments generally saw Kavanaugh's confirmation as a positive efforts that moves to restrict abortion rights would less likely face resistance by the courts.[13] In mid-May 2019, Louisiana state law banned abortion after week 22.[13] Shortly thereafter, the Louisiana legislature passed making abortion illegal in almost all cases. Louisiana was one of several states passing similar laws in April and May 2019, alongside Georgia, Missouri, and Alabama. The bill was created as an amendment and required voters in the state to pass it via referendum before it could become law. The law was an example of a "fetal heartbeat" bill.[13][18] At the time the bill passed, 15% of the state legislators were female, with only two female representatives voting against the bill.[19]
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.[20][21]
In May 2022, a state House committee voted 7–2 to advance a bill (HB813) that would open the possibility of a woman and her physician being charged with homicide for having an abortion at any point during gestation, and could also criminalize the destruction of embryos during IVF.[22][23][24] The bill faced bipartisan opposition from lawmakers and some anti-abortion groups.[25] The bill was ultimately amended to remove criminal penalties for abortion seekers, and was and signed into law by Governor John Bel Edwards.[2]
In July 2022, the New Orleans City Council voted unanimously to not enforce the states anti-abortion laws, effectively decriminalising abortion.[26]
Judicial
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.[5]
The model Texas law passed in 2014 was declared unconstitutional by the Supreme Court in
Clinical
Between 1982 and 1992, the number of abortion clinics in Louisiana decreased by one, going from eighteen in 1982 to seventeen in 1992.[33] In 2014, there were five abortion clinics in the state.[34] In 2014, 92% of the parishes in the state lacked an abortion clinic, leaving 63% of women between the ages of 15-44 without access to an abortion clinic.[17] In 2017, there were two Planned Parenthood clinics (neither of which offered abortion services) in Louisiana whose population of women aged 15–49 at the time was 1,089,684.[35] North Dakota, Wyoming, Mississippi, Louisiana, Kentucky and West Virginia were the only six states as of July 21, 2017, to not have a Planned Parenthood clinic offering abortion services.[35]
Statistics
Between 1972 and 1974, Louisiana had an illegal-abortion mortality rate of 0.1-0.9 per million women aged 15–44.[36] In 1990, 489,000 women in Louisiana faced the risk of unintended pregnancy.[33] 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.[37] In 2010, the state had zero publicly funded abortions.[38] In 2013, there were 290 abortions among white women aged 15–19, 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.[39] In 2014, 57% of adults indicated (in a national poll by the Pew Research Center) that abortion should be illegal in all or most cases with only 39% saying it should be legal.[40]
In March 2024, a report was released stating that in the wake of Louisiana's abortion ban, pregnant patients had been given risky, unnecessary surgeries and C-sections, denied swift treatment for miscarriages, were forced to delay routine prenatal care until after 12 weeks of pregnancy, and were forced to wait until their life was at risk before getting an abortion.[41]
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 |
Location | Residence | Occurrence | % obtained by out-of-state residents |
Year | Ref | ||||
---|---|---|---|---|---|---|---|---|---|
No. | Rate^ | Ratio^^ | No. | Rate^ | Ratio^^ | ||||
Louisiana | 13,600 | 13.4 | 1992 | [42] | |||||
Louisiana | 14,820 | 14.7 | 1995 | [42] | |||||
Louisiana | 14,740 | 14.7 | 1996 | [42] | |||||
Louisiana | 9,416 | 10.0 | 146 | 10,322 | 10.9 | 160 | 14.1 | 2014 | [43] |
Louisiana | 8,515 | 9 | 132 | 9,362 | 9.9 | 145 | 14.6 | 2015 | [44] |
Louisiana | 8,243 | 8.8 | 130 | 8.973 | 9.5 | 142 | 15.4 | 2016 | [45] |
^number of abortions per 1,000 women aged 15–44; ^^number of abortions per 1,000 live births |
Abortion rights views and activities
Protests
Louisiana women participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[46]
Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protesters gathered in New Orleans, marching from Lafayette Square to City Hall.[47] On June 30, abortion rights protesters rallied at the Louisiana State Capitol in Baton Rouge before marching to the governor's mansion.[48]
Anti-abortion views and activities
Violence
On December 12, 2005, Patricia Hughes and Jeremy Dunahoe threw a Molotov cocktail at a clinic in Shreveport, Louisiana. 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.[49][50]
References
- ^ "Louisiana abortion ban reinstated, clinics halt procedures". August 1, 2022.
- ^ a b Rojas, Rick; Mzezewa, Tariro (2022-05-12). "After Tense Debate, Louisiana Scraps Plan to Classify Abortion as Homicide". The New York Times. Retrieved 2022-06-27.
- ^ Cline, Sara (2023-05-13). "Rape, Incest Exceptions To Louisiana Abortion Ban Rejected By GOP Lawmakers". HuffPost. Retrieved 2023-05-13.
- ^ Palermo, Jeff. "LSU Survey: Louisiana residents split on abortion, but the percentage of Democrats who are pro-choice increases". louisianaradionetwork.com. Retrieved 2023-05-07.
- ^ PMID 11652642.
- ^ 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.
- ^ Catalanello, Rebecca (September 5, 2013). "Abortion providers challenging Louisiana law to suffer setback at 5th Circuit". Times-Picayune. Retrieved October 8, 2013.
- ^ Mcconnaughey, Janet (March 29, 2012). "Judge forbids La to enforce abortion liability law". Deseret News. Associated Press. Retrieved October 8, 2013.
- ^ Alford, Jeremy (June 7, 2006). "Louisiana Governor Plans to Sign Anti-Abortion Law". The New York Times. Retrieved April 23, 2010.
- ^ "Abortion Restrictions in States". The New York Times. Retrieved 2019-05-25.
- ^ "State Policy On Informed Consent for Abortion" (PDF). Guttmacher Policy Review. Fall 2007. Retrieved May 22, 2019.
- ^ "State Abortion Counseling Policies and the Fundamental Principles of Informed Consent". Guttmacher Institute. 2007-11-12. Retrieved 2019-05-22.
- ^ ISSN 0362-4331. Retrieved 2019-05-24.
- ^ "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.
- ^ "3 States Trying To Follow In Texas' Footsteps And Shut Down Abortion Clinics". ThinkProgress. 13 March 2014. Retrieved 2019-05-27.
- ^ Advocate, The (26 July 2023). "Politics | News from The Advocate". The Advocate.
- ^ a b "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). 2018-08-04. Archived from the original on 2019-05-24. Retrieved 2019-05-24.
- ISSN 0261-3077. Retrieved 2020-01-24.
- ^ "Roll Call: LA SB184 | 2019 | Regular Session". LegiScan. Retrieved 2019-05-26.
- ^ Lisa, Andrew. "Notable ballot measures from the 2020 election and how they could reshape America". The Desert Review.[permanent dead link]
- ^ Durkee, Alison (2022-08-03). "After Kansas Referendum Fails, Here's Where Else Abortion Will Be On The Ballot In The Midterms". Forbes. Retrieved 2022-08-12.
- ^ "HB813". legis.la.gov. Retrieved 2022-05-12.
- ^ "Bill to make abortion a crime of homicide in Louisiana advances". The Hill. 2022-05-05. Retrieved 2022-05-12.
- ISSN 0362-4331. Retrieved 2022-05-12.
- ^ Durkee, Alison (2022-05-12). "Louisiana Republicans Plan To Thwart Bill Classifying Abortion As Homicide". Forbes. Retrieved 2022-08-12.
- ^ Lippincott, Jordan (July 7, 2022). "New Orleans City Council adopts resolution to decriminalize state abortion laws". WGNO. Nexstar Media Group. Retrieved September 27, 2022.
- ^ "Supreme Court strengthens right to abortion, strikes down Texas restrictions on clinics". Los Angeles Times. June 27, 2016.
- ^ Higgins, Tucker (January 29, 2019). "Eyes on Kavanaugh and Gorsuch as Supreme Court weighs whether Louisiana abortion law can go into effect". CNBC.
- ^ de Vogue, Ariana (February 1, 2019). "Supreme Court blocks Louisiana abortion law from taking effect Monday". CNN. Retrieved February 1, 2019.
- ^ de Vogue, Ariana (February 7, 2019). "Supreme Court blocks Louisiana abortion law from taking effect". CNN. Retrieved February 7, 2019.
- ^ de Vogue, Arinne (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
- ^ Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
- ^ ISBN 9780788174810.
- ^ 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.
{{cite web}}
: CS1 maint: multiple names: authors list (link) - ^ a b "Here's Where Women Have Less Access to Planned Parenthood". Retrieved 2019-05-23.
- PMID 1269687.
- ^ "Abortion Surveillance --- United States, 2001". www.cdc.gov. Retrieved 2019-05-25.
- ^ "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
- ^ "No. of abortions among women aged 15–19, by state of residence, 2013 by racial group". Guttmacher Data Center. Retrieved 2019-05-24.
- ^ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved June 27, 2022.
- ^ "Standard pregnancy care is now dangerously disrupted in Louisiana, report reveals". NPR. Retrieved March 19, 2024.
- ^ a b c d Henshaw, Stanley K. (2005-06-15). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved 2019-06-02.
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- ^ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA Today. Retrieved 2019-05-25.
- ^ Berlin, Carly; Schreiber, Alana (June 24, 2022). "New Orleans protesters ready to 'fight like hell' for abortion rights after SCOTUS ruling". WWNO. Retrieved March 12, 2024.
- ^ Allsop, Allison (July 1, 2022). "'It's just the beginning': abortion-rights protesters flood the governor's gate during Thursday protest". Reveille. Retrieved August 5, 2022.
- ^ "Louisiana Clinic Bomber Pleads Guilty". Ms. Magazine. Retrieved 2023-12-28.
- ^ "Couple Charged in Attempted Firebomb of Louisiana Abortion Clinic". Feminist Majority Foundation. Retrieved 2023-12-28.