Embryo Project Encyclopedia Articles

In the spring of 1841, abortionist Ann Lohman, called Madame Restell, was convicted for crimes against one of her abortion clients, Maria Purdy. In a deathbed confession, Purdy admitted that she had received an abortion provided by Madame Restell, and she further claimed that the tuberculosis that she was dying from was a result of her abortion. Restell was charged with administering an illegal abortion in New York and her legal battles were heavily documented in the news. Madame Restell’s arrest was one of many highly publicized altercations with the law she experienced during her forty years as a professional abortion provider. Her trial was one of the first abortion trials in American history. Although the charges against Restell were later dropped due to many minor legal complications, her trial brought attention to the legal controversies surrounding abortion as well as the high likelihood of legal action and convictions of abortion crimes in New York during the 1800s.

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.

Emma Goldman was a traveling public speaker and writer known for her anarchist political views as well as her opinions on contraception and birth limiting in the late nineteenth century in the United States. Goldman identified as an anarchist, which she explained as being part of an ideology in which people use violence to provoke or demand social and political change. Goldman was involved in many anarchist social groups and published the anarchist magazine Mother Earth. She spent the majority of her life traveling the US and Europe giving lectures and presentations to spread her views on the political events during her lifetime. Goldman also worked to spread awareness about birth control and contraceptive options in response to the lack of birth control options she witnessed while working as a nurse. By advocating for birth control in her travels, Goldman brought international attention to topics like birth control and women’s rights during the late nineteenth and early twentieth centuries.

Harvey Karman was an abortionist, inventor, and activist for safe abortion techniques in the US during the twentieth century. Karman developed the Karman cannula, a flexible soft tube used for vacuum aspiration abortions. Karman traveled extensively throughout the US to educate healthcare providers on how to administer safe abortions. He also traveled to Bangladesh, India, China, and other developing nations to promote safe and simple abortion techniques that anyone could perform without previous medical training. As of 2017, Karman’s abortion technique and cannula continue to be widely used throughout the world for terminating early pregnancies. Karman challenged laws prohibiting abortion in the US prior to 1973 and worked to create methods for abortion that were safer, less expensive, and easier to administer than previous abortion techniques.

Evelyn Lorraine Rothman advocated for women’s reproductive rights and invented at-home kits for women’s health concerns in the late twentieth century in Los Angeles, California. Rothman provided women in the Los Angeles area with the means to perform self-examinations, pregnancy tests, and abortions on their own without assistance from a medical professional. Along with Carol Downer, Rothman cofounded the Federation of Feminist Health Centers in Los Angeles, California, and spent her career educating women on reproductive health. She also invented the Del-Em Kit, a menstrual extraction device that allowed women to perform very early abortions on their own and at home. Rothman’s activism educated women on female anatomy, provided an at-home option for early abortion before abortion became legal, and promoted women’s reproductive rights in the 1970s.

Jane Elizabeth Hodgson was a physician who advocated for abortion rights in the twentieth century in the United States. In November of 1970, Hodgson became the first physician in the U.S. to be convicted of performing an illegal abortion in a hospital. Hodgson deliberately performed the abortion to challenge the Minnesota State Statute 617.18, which prohibited non-therapeutic abortions. Following the legalization of abortion in the US Supreme Court case Roe v. Wade (1973), Hodgson focused on promoting accessible abortion, obstetric, and gynecological care throughout Minnesota. Her name also appears in the Supreme Court case Hodgson v. Minnesota (1990), which challenged the constitutionality of a Minnesota statute that required physicians to notify both parents forty-eight hours prior to a minor being allowed to undergoing an abortion. Hodgson’s career was centered around challenging the legal system to protect and promote reproductive rights for women, including access to abortion.

In 2010, the Catholic Church excommunicated Margaret McBride, a nun and ethics board member at St. Joseph’s Hospital and Medical Center in Phoenix, Arizona. McBride was excommunicated latae sententiae, or automatically, for approving a therapeutic abortion, which is an abortion that is required to save a pregnant woman’s life. McBride approved an abortion for a woman who was twenty-seven years old, eleven weeks pregnant with her fifth child, and suffered from pulmonary hypertension, a life-threatening condition during pregnancy. Following McBride’s decision, St. Joseph’s lost its affiliation with the Catholic Church, which it had maintained since the late 1800s. Affiliation with the Catholic Church required that the hospital abide by Canon Law, which is the law of the Catholic Church. Under Canon Law, abortion is serious wrongdoing that could result in excommunication, as it did in the case of McBride. McBride’s excommunication illustrated the impact that affiliation of Catholicism with hospitals had on patients’ ability to receive comprehensive reproductive health care.

Misericordia et Misera (Mercy with Misery) was a letter written by Pope Francis and published in Rome, Italy, on 20 November 2016. Through the letter, Pope Francis gives priests the ability to grant forgiveness for abortion. Before Pope Francis’s letter, priests had some ability to grant forgiveness for the Catholic sin of abortion, but bishops had to grant that ability to the priests individually. Prior to the letter, the official rules of the Catholic Church did not state that priests could forgive abortion-related sins. The extension provided in the letter did not change the status of abortion as a grave sin that could result in excommunication. By extending that ability to priests, Pope Francis made forgiveness through the Catholic Church more accessible for women, doctors, and those who take part in an abortion, which started a discussion about the status of abortion in the Catholic Church in the twenty-first century.

In 2013, Lois Uttley, Sheila Reynertson, Larraine Kenny, and Louise Melling published “Miscarriage of Medicine: The Growth of Catholic Hospitals and the Threat to Reproductive Health Care,” in which they analyzed the growth of Catholic hospitals in the United States from 2001 to 2011 and the impact those hospitals had on reproductive health care. In the US, Catholic hospitals are required to abide by the US Catholic Church's Ethical Guidelines for Health Care Providers, also called the Directives. The authors of the article argue that the Directives threaten reproductive health because of their limitations on contraception, sterilization, some infertility treatments, and abortion. The report demonstrated an increase in Catholic hospitals and an associated impact on reproductive health care, which formed the basis for lawsuits the American Civil Liberties Union brought against various Catholic hospitals and health care networks during the early 2000s.

In the 1971 court case United States v. Milan Vuitch, hereafter US v. Vuitch, the US Supreme Court ruled that a Washington, DC law was constitutional by overturning a 1969 district court decision. Beginning in the early twentieth century, Washington, DC, prohibited abortions except for abortions performed to preserve the life or health of the pregnant woman. In 1969, Milan Vuitch, a physician in Washington, DC, was convicted of criminal abortion for providing an abortion when the woman’s life was not endangered. In his defense, Vuitch argued that the Washington abortion law was unconstitutionally vague, meaning it failed to define health in terms clear enough so that doctors could be sure what actions violated the law. Though a lower district court agreed with Vuitch and struck down the law as unconstitutional, the Supreme Court later disagreed and overturned the decision. US v. Vuitch was one of the first US Supreme Court cases that challenged the constitutional validity of laws regulating abortion and set a precedent that helped determine future abortion cases, like Roe v. Wade in 1973, which made abortions more accessible and gave women more control over their bodies.