Summary
Abortion policies are among the most controversial political debates of the 21st century. Today, the debates often begin with the Supreme Court decision in Roe v. Wade (1973) that placed abortion care under a right to privacy. Doe v. Bolton (1973) and Planned Parenthood v. Casey (1992) further upheld the Supreme Court’s decision in Roe until it was overturned by Dobbs v. Jackson Women's Health Organization (2022).
However, debates surrounding abortion since the decision in Roe are in stark contrast to earlier 20th century abortion debates. While the post-Roe United States saw the tightening of abortion laws and continued congressional enhancement of the Hyde Amendment (1976) which ensures federal funding will be denied to anyone seeking to end a pregnancy, the landscape of early 20th century abortion laws was concerned with completely different issues.
The Pacific Coast Abortion Ring was a network of doctors that developed in the 1930s. It was run by Reginald Rankin who was particularly concerned with ensuring women had access to safe abortions. At the time, the way abortion laws were written centered on the health of the mother. Women were allowed to get therapeutic abortions if there was a medical issue that could threaten her future fertility or health in another way. Typically, it was the doctor rather than the mother who would be punished for an abortion, especially if the procedure resulted in harm to the mother's health. Rankin navigated abortion laws by organizing transport and appointments for abortions in Tijuana. In the California Supreme Court Case of People v. Buffum (1953), the court ruled that the state had no jurisdiction over these trans-border procedures. The Pacific Coast Abortion Ring and Reginald Rankin were instrumental in demonstrating the safety of abortion procedures. Later, the decision in People v. Belous (1969) focused on eliminating legal barriers to physicians practicing medicine.
The ideological shifts regarding abortion in California were not isolated. Phoenix children's TV show host, Sherri Chessen Finkbine was a public figure whose requests for an abortion generated national attention. When she found out her unborn child would likely be deformed due to a drug she had taken, Chessen Finkbine fought to get abortion care. Her legal battle for a therapeutic abortion played out publicly in the press until she eventually travelled to Sweden in 1962 to obtain an abortion. Chessen Finkbine already had several children at the time of her abortion, and brought more publicity to the multitude of reasons a woman might desire an abortion.
Women have long sought ways to end their pregnancies. Until medicine was professionalized, it was generally accepted that women could quietly end their pregnancy prior to "quickening," the moment during pregnancy when a pregnant person begins to feel fetal movement, which happens around 20 weeks. As care for pregnant mothers shifted from midwives to male doctors, legislation was enacted to ensure the health of the mother and protect them from dangerous surgeries. These laws were pushed back against by actors like Reginald Rankin and the Pacific Coast Abortion Ring who demonstrated how safe abortions could be. While pre-Roe abortion laws generally were focused on the health of the mother, post-Dobbs laws typically are more focused on the birth of a child and only allow exceptions in life-threatening cases.
Suggested Reading
Gutierrez-Romine, Alicia. From Back Alley to the Border: Criminal Abortion in California, 1920-1969. University of Nebraska Press, 2020.
Webinar - From Back Alley to the Border: Criminal Abortion in the 20th Century U.S.