Embryo Project Encyclopedia

In the 1990 case Hodgson v. Minnesota, the US Supreme Court in Washington, D.C., upheld Minnesota statute 144.343, which required physicians to notify both biological parents of minors seeking abortions forty-eight hours prior to each procedure. The US Supreme Court determined that a state could legally require physicians to notify both parents of minors prior to performing abortions as long as they allowed for a judicial bypass procedure, in which courts could grant exceptions. The Supreme Court’s decision in Hodgson v. Minnesota allowed for the enforcement of Minnesota statute 144.343, which changed minors’ abilities to access abortions in Minnesota by requiring parental notification by a physician forty-eight hours prior to each abortion.

In the 1973 court case Doe v. Bolton, the US Supreme Court in Washington, D.C., ruled that a Georgia law regulating abortion was unconstitutional. The Georgia abortion law required women seeking abortions to get approval for the procedure from their personal physician, two consulting physicians, and from a committee at the admitting hospital. Furthermore, under the statutes, only women who had been raped, whose lives were in danger from the pregnancy, or who were carrying fetuses likely to be seriously, permanently malformed were permitted to receive abortions. The US Supreme Court ruled that the Georgia requirements violated the right to privacy implicit in the Fourteenth Amendment to the US Constitution. Decided on the same day as the abortion case Roe v. Wade, Doe v. Bolton expanded women’s access to abortion by striking down laws that restricted the reasons for which women could receive abortions.

In the 2016 case Whole Woman's Health v. Hellerstedt, the US Supreme Court ruled unconstitutional the Texas requirements that abortion providers have admitting privileges at local hospitals and that abortion facilities meet ambulatory surgical center standards. Whole Woman’s Health represented abortion care providers in Texas and brought the case against the commissioner for the Texas Department of State Health Services, John Hellerstedt. In a five to three decision, the US Supreme Court ruled that the requirements of the challenged law, Texas House Bill 2, had forced the majority of abortion care facilities to close. With fewer available facilities, women faced undue burdens of travel time and cost when seeking abortions, restricting their access abortion care. In previous US Supreme Court cases Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), the Court ruled that placing undue burdens on women seeking abortion care was unconstitutional. Upholding those decisions in Whole Woman's Health v. Hellerstedt, the US Supreme Court struck down Texas House Bill 2 and protected women’s access to abortion care.

In the 1973 case State v. New Times, INC, the Arizona Court of Appeals in Phoenix, Arizona, ruled that Arizona Revised Statutes 13-211, 13-212, and 13-213, collectively called the Arizona abortion statutes, were unconstitutional. The statues made it illegal for anyone to receive, provide, or advertise abortion services. The Arizona Court of Appeals reviewed a case in which a city court in Tempe, Arizona, convicted the New Times, a newspaper headquartered in Phoenix, Arizona, of advertising abortion. In hearing the case, the Arizona Court of Appeals deferred to the recently decided US Supreme Court case Roe v. Wade (1973). In Roe v. Wade, the US Supreme Court ruled that women have constitutional rights to abortion services within the first trimester of pregnancy. Accordingly, the Arizona Court of Appeals claimed that all of Arizona's abortion statutes, including the one the New Times was convicted of, prohibited no criminal acts, and set aside New Times's conviction.

A licensed obstetrician and gynecologist, Pearl Tang worked to improve the health of women and children in Maricopa County, Arizona, during the twentieth and twenty-first centuries. Her work with the Maricopa County Health Department ranged from immunizations to preventing cervical cancer. Tang obtained federal grants and community support to establish various child and maternal health clinics throughout Maricopa County as chief of the Maricopa County Bureau of Maternal and Child Health. Tang established mobile clinics, including a clinic she called the Maternity Care Bus, to address the lack of access to medical care among rural women in Arizona. She also focused on family planning through education and the distribution of contraception. Tang's efforts in Maricopa Country increased the delivery of maternal, child, and family planning care and helped lower Arizona's infant mortality rate.

In the 1962 case Planned Parenthood Committee of Phoenix v. Maricopa County, the Arizona Supreme Court ruled that Arizona Revised Statute 13-213, which banned the public advertising of contraceptive or abortion medication or services, was constitutional. However, the court also ruled that that Arizona Revised Statute 13-213 did not apply to Planned Parenthood's distribution of contraceptive information, allowing Planned Parenthood to continue distributing the information. Following the case, the Arizona law was challenged several times and eventually deemed unconstitutional in the 1973 case State v. New Times INC. The case Planned Parenthood Committee of Phoenix v. Maricopa County established that Planned Parenthood's distribution of medical literature was not advertising as described in the law, and it initiated a decade long discussion about the constitutionality of the laws preventing the distribution of materials related to contraception or abortion.

In the 1972 case Planned Parenthood Center of Tucson, Inc., v. Marks, the Arizona Court of Appeals required the Arizona Superior Court to rehear the case Planned Parenthood Association v. Nelson (1971) and issue a decision on the constitutionality of Arizona's abortion laws. In 1971, the Planned Parenthood Center of Tucson filed the case Planned Parenthood Association v. Nelson asking for the US District Court to rule on the constitutionality of the Arizona Revised Statutes 13-211, 13-212, and 13-213, which made it illegal for anyone to advertise, provide, or receive an abortion. The decision in Planned Parenthood Center of Tucson, Inc., v. Marks forced the Arizona Superior Court to issue a decision on the constitutionality of the Arizona abortion laws, and is one in a series of lawsuits that culminated in the legalization of abortion in Arizona in 1973.

Nearly seven decades ago, the US government established grants to the states for family planning and acknowledged the importance of enabling all women to plan and space their pregnancies, regardless of personal income. Since then, publicly-funded family planning services have empowered millions of women, men, and adolescents to achieve their childbearing goals. Despite the recognized importance of subsidized family planning, services remain funded in a piecemeal fashion.

In the 1973 case of Roe v. Wade, the US Supreme Court ruled that laws banning abortion violated the US Constitution. The Texas abortion laws, articles 1191–1194, and 1196 of the Texas penal code, made abortion illegal and criminalized those who performed or facilitated the procedure. Prior to Roe v. Wade, most states heavily regulated or banned abortions. The US Supreme Court decision in Roe v. Wade secured women's rights to terminate pregnancies for any reasons within the first trimester of pregnancy. It also sparked legal discussions of abortion, fetus viability and personhood, and the trimester framework, setting a landmark precedent for future cases including Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992), and Stenberg v. Carhart (2000).

On 16 October 1916, Margaret Sanger opened one of the first birth control clinics in the United States in Brooklyn, New York, which some have called the Brownsville Clinic. Located at 46 Amboy Street, the clinic was a place where Sanger and her staff verbally communicated with women seeking information about birth control. During the early 1900s, both birth control and abortion were illegal in the US, and publication or circulation of information on both topics was deemed obscene and illegal by the federal Comstock Act. However, women still sought means to control unwanted pregnancies and visited the clinic to learn about birth control. The clinic was open for only ten days. It shut down after being found guilty of violation of the Comstock Act. The Brownsville Clinic represented a step toward the eventual founding of Planned Parenthood Federation of America, which Sanger led. Despite being short-lived, America’s first birth control clinic provided educational resources to women in New York and raised awareness of the birth control movement in the US through media exposure.