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1. Alice Walker
ABORTION WARS:WHY THE CONTROVERSY?
A fifteen-year old girl from southern Texas sits on a hard wooden table, alone. She is wearing nothing and quite nervous. After a moment, the ?doctor? comes in and instructs her to lie down and open her legs. He then thrusts a sharp instrument inside her vagina and jaggedly scrapes the lining of her uterus and pulls the resulting pieces out of her vagina. The ?pieces? are chunks of a first trimester fetus. It looks roughly like pieces of uncooked hamburger, raw and red. The person who performed this procedure was unlicensed and untrained. It was highly likely that fragments of the instruments that he used for the procedure would be left inside this young girl?s vaginal cavity. There was a chance that this young girl would be one of the estimated 8,179 abortion related deaths in 1936 in the United States (Gorney 23). Throughout modern American history, there have been many controversial subjects that the US government has had to handle and settle pertaining disputes. One such issue has been the woman?s right to abortion. There are many legal and moral issues involved in the arguments. Abortion had been performed both legally and illegally for centuries (both in the United States and Overseas), now the United States government has the responsibility of deciding if a woman has the right to choose whether or not she is ready to become a mother. Funk & Wagnall?s Dictionary defines abortion as ?the expulsion of a fetus prematurely; miscarriage? (2). The miscarriage can be either naturally occurring or induced. From the time that the United States of America was formed up until the landmark case of Roe v. Wade in the 1970?s, abortion has been an illegal operation. It was obtained in back alleys through midwives and untrained ?doctors? as well as a few (very cautious) private physicians (Gorney 22). There were a variety of methods to induce an abortion and each abortionist would be likely to be in possession of many (if not all) of the objects on a list that was published in the journals of American Medicine in the late 1960?s: Lysol douche Hexol douche Bleach douche Green soap and glycerin douche Powdered kitchen mustard douche Hydrogen peroxide douche Potassium permanganate corrosive tablets Intrauterine installation of kerosene and vinegar Gauze packing Artist?s paintbrush Curtain rod Slippery Elm stick Garden hose Rubber tube Polyethylene tube Glass cocktail stirrer Ear syringe Telephone wire Copper wire Coat hanger (wire) Nut pick Pencil Cotton swabs Clothespin Knitting needle Rubber catheter Woven silk catheter Catheter with stylette Chopsticks Bicycle pump and tube Football pump and plastic straw Plastic tube with soap solution Gramophone needle Bulb syringe Castor oil by mouth Quinine by mouth Ergot by mouth Humphries No. 11 tablets by mouth Turpentine by mouth Each of these items leaves tell-tale signs inside the uterus that could later be identified by doctors who examined the ladies after an abortion or by the examiner in the case of the expiration of a back alley abortion victim (Gorney 21-22). For example: if air was pumped into the uterus to stimulate an abortion or miscarriage, then the larger blood vessels in the uterus would be left distended. Turpentine, either ingested or introduced through douche would leave the victim?s urine smelling slightly like violets. If the patient complained of lower abdominal tenderness, it was likely that she had forced soap or detergent into her cervix. Another tactic that women would use would be to press potassium permanganate tablets into her uterus to stimulate bleeding. In many cases, the doctor would think that a miscarriage was already underway and would surgically abort the pregnancy. However the wound could not be sutured because the walls of her vaginal cavity would be so severely corroded. Also, any doctor of the time would be able to identify the cervical bruising where metal instruments had been clamped (Gorney 22). Abortion has a long history, both in the United States and in Europe. American abortion law originates in English common law. It is commonly believed that abortion before quickening was not considered a crime. However, recent research has revealed that abortion in England before quickening was actually considered a criminal offense. (Quickening was defined as the first time that a woman feels the fetus move in the womb (Risen and Thomas 6). This occurs between the sixteenth and eighteenth weeks of pregnancy). Infanticide and abortion were both infractions of the law, but instead of being punished by common law, the church (Catholic) court handled most cases for practical purposes. Throughout the seventeenth, eighteenth, and early into the nineteenth centuries, criminal prosecution for abortion was rare. The British view of abortion carried over into the newly forming country of the United States. Although English Common Law tradition held, there were no laws specifically banning abortion in the United States until 1821, when the first state outlawed it. Connecticut was the first to make abortion an illegal, punishable act. The legislation was created to resemble a similar act of British Parliament, passed in 1803 (7). The new legislation banned the usage of any poisonous substance for use of inducing abortion (also known as a spontaneous miscarriage) after the period of quickening. Although Connecticut was the first, many states would follow the lead and outlaw induced abortion: Missouri in 1825, Illinois in 1827, and New York in 1828. But by 1841, only ten American states and one United Stated territory had enacted anti-abortion laws (Risen and Thomas 8). None of these laws were specifically addressed towards abortion. Instead, they were minor provisions and revisions to already existing state criminal statutes. In most cases, the new revisions would allow the courts to not only try the woman who attempted an abortion, but also the physician or midwife that served as the abortionist. One such case was that of Maria Aldrich in 1843. She had sought out an abortion in Boston and was found dead in a Boston boardinghouse days later due to complications arisen from the procedure. The courts tried both the man who had impregnated the woman and the abortionist for murder. The charges were dropped because quickening could not be proven; only five days later, a state legislator requested that a House committee look into the possibility of ?making the procuring of an abortion a misdemeanor? (8). Within the next seven days, the afore mentioned House committee had drafted the first bill in United States history pertaining exclusively to abortion. Although this bill was passed, the new law was very rarely invoked. At this time, the American Medical Association (AMA-1847) was formed. The AMA launched a campaign to raise new restrictions for abortion. Although this campaign was considered strictly anti-abortion, it was anything but. The physicians were merely worried about the steadily climbing number of women seeking out abortions in back alleys and through midwives. Due to this, the doctors were worried about their jobs. Despite the fact that the campaign was run for the wrong reason (money), it was poised to help many women to procure abortions safely (8).
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