Digital Commons Network^™

The Unconstitutionality Of Ohio's House Bill 125: The Heartbeat Bill As Analyzed Under The First Amendment Of The United States Constitution, Jessica L. Knopp

ConLawNOW

This article examines the constitutionality of Ohio’s controversial House Bill 125 (“H.B. 125”), which includes new restrictions and requirements for abortion procedures performed in Ohio. The author argues that, while the new abortion measures conflict with the Supreme Court’s Fourteenth Amendment jurisprudence established in Roe v. Wade and in Planned Parenthood v. Casey, H.B. 125 also violates the Establishment Clause of the First Amendment by imputing religious beliefs about conception and the value of life onto all Ohioans.

The article first outlines the current legal framework for constitutionally acceptable and unacceptable abortion restrictions, including a discussion of informed consent …

Constitutionalizing Fetal Rights: A Salutary Tale From Ireland, Fiona De Londras

Michigan Journal of Gender & Law

In 1983, Ireland became the first country in the world to constitutionalize fetal rights. The 8th Amendment to the Constitution, passed by a referendum of the People, resulted in constitutional protection for “the right to life of the unborn,” which was deemed “equal” to the right to life of the “mother.” Since then, enshrining fetal rights in constitutions and in legislation has emerged as a key part of anti-abortion campaigning. This Article traces the constitutionalization of fetal rights in Ireland and its implications for law, politics, and women. In so doing, it provides a salutary tale of such an approach. …

Not In My Hospital: The Future Of State Statutes Requiring Abortion Providers To Maintain Admitting Privileges At Local Hospitals, Daniel J. Glass

Akron Law Review

In recent years, state legislatures have enacted a variety of restrictive statutes making it more difficult for abortion providers to serve their patients, typically in the name of health and safety. Those opposing these restrictive statutes commonly refer to them as Targeted Regulation of Abortion Providers (TRAP) laws. This Note discusses admitting privileges statutes, which require that abortion providers maintain permissions with a local hospital to admit and treat their patients. Admitting privileges statutes have been challenged in federal courts, but the resulting decisions have been inconsistent. This Note compares the analysis used by federal circuits and district courts in …

The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons

Kaiya Amelia Lyons

No abstract provided.

Competing For Attention: A Comparative Study Of Social Movements And News Media In Abortion Debates, Katherine Eugene Lebreton Hunt

Department of Political Science: Dissertations, Theses, and Student Research

Why do some social movements in abortion debates get more attention from the news media than others? Do movements that support the status quo receive more attention than those opposing the status quo? Through quantitative content analysis of eight major newspapers in South Korea, Ireland, and Canada and fieldwork in South Korea and Ireland, I theorize that antistatus quo groups – whether they are for or against abortion rights – may reopen debate conditions in their countries by strategically using international human rights norms and frames and gaining standing in the news media in environments that tend to be hostile …

Women And Abortion In Canada: What's Law Got To Do With It?, Shelley Gavigan

Shelley A. M. Gavigan

This article explores the relationship of feminism, the state, and the law with specific reference to abortion legislation in Canada. It is inspired in part by a kindling of marxist interest in law (Hay et al. 1975, Thompson 1977, Hall et al. 1978, Pashukanis 1978, Cain and Hunt 1979, Fine et al. 1979, Sumner 1979, Fine 1984) and in part by the work of British feminists such as Mary McIntosh, Michele Barrett, Carol Smart, and Elizabeth Wilson.

Abortion In Brazil - Todo Mundo Faz: An Analysis Of Social Movements And Social Support For The Liberalization Of Brazil’S Abortion Law In Salvador, Brazil, Maria Camila Caicedo

Independent Study Project (ISP) Collection

This study analyzed the current actions of feminist movements, black women’s movements, and other advocacy groups that have a stake in the current debate for the legalization of abortion in Brazil. The purpose of the study was to assess the current political avenues for approaching the legislative body available to marginalized groups who are disproportionately affected by the criminalization of abortion. It was built upon a comprehensive review of existing literature, which found very little information on the actions of feminist movements and black women’s movements in Northeast Brazil. The study was conducted over the course of four weeks in …

Replacing Myths With Facts: Sex-Selective Abortion Laws In The United States, Brian Citro, Jeff Gilson, Sital Kalantry, Kelsey Stricker

Sital Kalantry

Several countries in the world have sex ratios at birth that are as high or higher than China and India, including countries with predominantly white populations. Nonetheless, immigrant communities in the United States from China and India are consistently accused of harboring a preference for sons. It is supposedly this preference for sons that leads Asian Americans to abort female fetuses. In response, eight states have enacted bans on sex-selective abortion and 21 states and the United States Congress have considered such bans.

Proponents of sex-selective abortion bans claim that the United States is one of the few countries in …

Sex-Selective Abortion Bans: Anti-Immigration Or Anti-Abortion?, Sital Kalantry

Sital Kalantry

In the last five years, over half of the state legislatures in the United States have considered banning sex-selective abortion because of the (false) belief that Asian Americans are disproportionately giving birth to more boys than are European Americans. Supported by the data that applies to a very small subset of Asian Americans, proponents of the law stereotype Asian Americans by assuming that their birthing patterns are the same as those of people in India and China.

Because of the undue focus on Asian immigrants in the discussions of sex selection bans, the real conversation that should occur in the …

Sex Selection In The United States And India: A Contextualist Feminist Approach, Sital Kalantry

Sital Kalantry

Seven states in the United States have passed sex selection abortion bans, bills are pending in several other states, and a bill has been reintroduced in the U.S. Congress. In analyzing state legislative hearings, this article documents how the wide-spread practice of sex selection in other countries, particularly India and China, is being used by anti-abortion groups as a way to restrict women's right to autonomy in the United States. The dominant feminist paradigm in the United States takes a universal position on sex selection bans - these bans contravene women's right to autonomy and should not be permitted in …

Sex-Selective Abortion Bans Are Not Associated With Changes In Sex Ratios At Birth Among Asian Populations In Illinois And Pennsylvania, Arindam Nandi, Sital Kalantry, Brian Citro

Sital Kalantry

Legal prohibitions on sex-selective abortions are proliferating in the United States. Eight state legislatures have banned abortions sought on the basis of the sex of the fetus, 21 states have considered such laws since 2009, and a similar bill is pending in U.S. Congress. These laws have been introduced and enacted without any empirical data about their impact or effectiveness. Prior studies of U.S. Census data found sex ratios among foreign-born Chinese, Korean and Indian immigrants were skewed in favor of boys, but only in families where there were already one or two girls. Using the variation in the timing …

Section 8: Looking Ahead: Abortion And The Aca Contraception Mandate, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Politics Of Protection: The Forgotten History Of Georgia Feminists And Doe V. Bolton, Alexandra Mcgee

History Theses

In this thesis, I will argue that Doe v. Bolton, 410 U.S. 179 (1973), a United States Supreme Court case originating in Georgia, enabled all women access to abortion, including groups of marginalized women previously denied this right. An examination of the background of Doe uncovers the roles played by Georgia feminists and the medical community. By comparing Doe v. Bolton with the concurrent Supreme Court case of Roe v. Wade, I will shed light on the history of abortion in America as well as continuing divisions over abortion access in America today.

My Body, Not My Say: Regulation Of Reproductive Freedom In America, Kisha K. Patel

Gender, Women's, and Sexuality Studies Summer Fellows

Women’s bodies have been legislated for years. Many people associate regulation beginning in 1973 when Roe V. Wade was decided, however legislation has affected women for much longer. These infringements on women’s rights create a major roadblock in gender equality. During summer fellows I researched how the law regulates aspects of American women's lives particularly in reproductive freedom (birth control, day-after pill, abortion, maternity discrimination). Conducting this research included thorough research of 48 pieces of congressional legislation from the 114^th Congress that limit women's reproductive freedom through abortion bans, non-accessible health care, and cuts in federal spending towards Planned …

Northeast Women's Center, Inc. V. Mcmonagle: A Message To Poltical Activists, Jo Anne Pool

Akron Law Review

This note examines Northeast Women's Center, Inc v. McMonagle a successful civil RICO claim brought by an abortion clinic against antiabortion activists who "used force, threats of force, fear and violence in their efforts to force the clinic out of business " As a background to examining the case, this note will explore the RICO statute, the judicial extension of RICO, and the current congressional action concerning reform.

Analysis of Northeast reveals an emerging extension of civil RICO. Civil RICO is applied to curb unlawful political protest. Such an extension allows certain victims of domestic terrorism private recovery of damages. …

The Abortion Decision: What About Dad?, Erica C. Graham

Bioethics in Faith and Practice

The modern utilitarian abortion debate focuses on how women are affected by abortion but has neglected the utilitarian concerns of men. Abortion is currently justified based on ethical claims that apply to both men and women equally. These ethical claims include empowerment in reproductive decisions, not desiring to become a parent, socioeconomic concerns, moral responsibility over children, pregnancy resulting from coercion, and autonomy. This paper reveals the equivalent ethical claims of men and women to these claims and argues for men having a legal say in deciding whether or not to abort.

The Case Of Beatriz: An Outcry To Amend El Salvador’S Abortion Ban, Jonathan Alvarez

Pace International Law Review

This Note examines the evolution of El Salvador’s existing penal code, specifically focusing on the abortion legislation. Further, it examines the significance of The Case of Beatriz and it suggests reform for El Salvador’s government to include exceptions in their penal code, similar to exceptions available in the United States, to provide women with access to safe abortions in extreme circumstances. Part II will illustrate the struggle that women face in El Salvador. Part III will briefly explore the historical background of the current Penal Code, exclusively the abortion ban. Part IV will also discuss women’s rights violated by the …

False Framings: The Co-Opting Of Sex-Selection By The Anti-Abortion Movement, Seema Mohapatra

Faculty Scholarship

No abstract provided.

The Unconstitutionality Of Ohio's House Bill 125: The Heartbeat Bill, Jessica L. Knopp

Akron Law Review

This Comment analyzes the constitutionality of Ohio’s controversial H.B. 125 under the Fourteenth and First Amendments to the United States Constitution in the context of current United States Supreme Court precedent. Part II outlines Ohio’s current abortion laws, describes Ohio’s role in creating anti-abortion legislation and case law, provides a context of other abortion bills occurring nationwide, and explains H.B. 125. Part III analyzes how H.B. 125 is unconstitutional under the Fourteenth Amendment in its current form, analyzes its constitutionality if the bill was modified to be a consent-only bill, and analyzes its unconstitutionality under the Establishment Clause of the …

Does The Right To Elective Abortion Include The Right To Ensure The Death Of, Stephen G. Gilles

University of Richmond Law Review

No abstract provided.

Informed Consent, Abortion, And Reproductive Autonomy, Heather Dawn Lakey

Electronic Theses and Dissertations

Abortion is an inimitable experience that poses a host of unique ethical and philosophical questions not generated by other medical procedures. In spite of a massive amount of literature discussing abortion, there is little theoretical work examining the relationship between abortion and informed consent. This is a problematic oversight because informed consent plays a prominent role in contemporary abortion practices. In an effort to address this lacuna, my dissertation explores the concept of informed consent as it functions within abortion discourse.

Informed consent and abortion are both interdisciplinary terms and thus a robust critique of their intersection requires an interdisciplinary …

Eugenics No Matter What?: An Investigation Of The Eugenic Origin Of Planned Parenthood And Its Effect On Contemporary Society, Sarah Mccrea

Black & Gold

According to Students for Life of America, the reproductive health non-profit known as Planned Parenthood was founded upon the principles of the Eugenics movement. They also argue that Planned Parenthood is still working toward the goals of that movement today. While Planned Parenthood’s ties to the Eugenics movement are clear, it is not necessarily true that the organization’s workers, volunteers, and officers are toiling to achieve century-old eugenic goals in contemporary society. In fact, this hypothesis ignores a piece of the puzzle that is integral to our understanding of why Planned Parenthood facilities are located where they are: the link …

Sex-Selective Abortion Bans: Anti-Immigration Or Anti-Abortion?, Sital Kalantry

Cornell Law Faculty Publications

In the last five years, over half of the state legislatures in the United States have considered banning sex-selective abortion because of the (false) belief that Asian Americans are disproportionately giving birth to more boys than are European Americans. Supported by the data that applies to a very small subset of Asian Americans, proponents of the law stereotype Asian Americans by assuming that their birthing patterns are the same as those of people in India and China.

Because of the undue focus on Asian immigrants in the discussions of sex selection bans, the real conversation that should occur in the …

A Primer On Hobby Lobby: For-Profit Corporate Entities’ Challenge To The Hhs Mandate, Free Exercise Rights, Rfra’S Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby

Pepperdine Law Review

Earlier this term, the United States Supreme Court heard oral argument in the consolidated case of Hobby Lobby Stores, Inc. v. Sebelius, the first of a litany of cases in which for-profit business entities are invoking the Religious Freedom Restoration Act ("RFRA") in support of their claim that the Affordable Care Act’s HHS Mandate violates their freedom of religion. In particular, these plaintiffs argue that the Mandate’s requirement that employer-provided health insurance covers the costs of contraceptives, the "morning after" pill, and other fertility-related drugs conflicts with their deeply-held religious belief that life begins at conception and is, therefore, unconstitutional. …

Simon Poll, Spring 2015 (State Wide), Paul Simon Public Policy Institute

Paul Simon Public Policy Institute Statewide Polls

The mission of the non-partisan Paul Simon Public Policy Institute polling is to provide citizens, policy-makers, and academic researchers with objective information about trends and issues facing society.

The 2014 Simon Poll interviewed 1,000 registered voters across Illinois.

The margin of error for the poll is plus or minus 3 percentage points at the 95 percent confidence level. The margin for error will be larger for demographic, geographic and response subgroups.

Areas covered:

General outlook, approval of elected officials, Illinois budget, hydraulic fracturing, community development, veterans issues, media consumption, attitudes towards social groups, abortion and gay marriage. Demographic information is …

Texas Tightens Abortion Restrictions: Abbott, Physician Admittance Requirements, And What It Really Means For Texas Women, Rebecca Waddell

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Does The Right To Elective Abortion Include The Right To Ensure The Death Of The Fetus?, Stephen G. Gilles

Stephen G Gilles

Is the right to an elective abortion limited to terminating the woman’s pregnancy, or does it also include the right to ensure the death of the fetus? Important as this question is in principle, in today’s world the conduct that would squarely raise it cannot occur in practice. The right to elective abortion applies only to fetuses that are not viable, which by definition means that they have been determined to have no realistic chance of surviving outside the uterus. Even if abortion providers used fetus-sparing methods rather than the fetus-killing methods they currently prefer, pre-viable fetuses would die within …

The Surprising Resilience Of State Opposition To Abortion: The Supreme Court, Federalism, And The Role Of Intense Minorities In The U.S. Politics System, Gerald N. Rosenberg

Saint Louis University Public Law Review

No abstract provided.

Testing Sex, Rachel Rebouché

University of Richmond Law Review

No abstract provided.

“Don’T Talk About It”: Investigating The Effects Of Pei’S Cultural Silence On Abortion Access And Advocacy From The Perspective Of Advocates And Support People, Emily A. Rutledge

Theses and Dissertations (Comprehensive)

As an arm of a greater study that investigates the impacts of PEI's abortion restriction over the past two decades, "Don't talk about it" explores the situation from the perspective of support people and advocates to abortion access including; their emotional experiences of support and advocacy, the associated risks and repercussions, as well as their understandings of the barriers, facilitators and impacts of compromised access to off-Island services for PEI women and girls. Key findings show an overarching culture of silence and blame surrounding abortion on PEI, reinforced by stigma and repercussions for those speaking out. This silence serves to …