The Court settled the question left open from the case of Commonwealth v. Bangs that it must be proved a woman was "quick with child" in order for abortion prohibitions to have any effect in Massachusetts.
Mizuko Kuyo is a Japanese Buddhist ceremony that focuses on a deceased fetus or stillborn child. This ceremony was originally developed to honor Jizo, a god believed to be responsible for transporting dead fetuses or children to the other world. The practice has become more popular in the last half century due to the growing number of abortions taking place and the particular views that Japanese Buddhists have about fetuses and abortion. Japanese Buddhists believe that honoring Jizo will ensure that their aborted fetus successfully makes it to the other world, where it can be reborn in the future. In a religious context, Mizuko Kuyo provides an example of one of the many ways that fetuses are viewed and treated both in natural death and in abortion.
Almost ten years after the landmark decision in Roe v. Wade (1973) the battle over abortion was still being waged. The reproductive rights of women in the United States were being challenged yet again by the Pennsylvania Abortion Control Act of 1982. The act was comprised of four provisions that restricted the fundamental right a woman had to obtaining an abortion, as established in Roe v. Wade. The four provisions included spousal notification, information disclosure, a twenty-four hour waiting period, and parental consent for minors.
Known for dropping a long-held distinction in the Catholic Church between the animated and unanimated fetus, Felice Peretti was born in Grottamare, Italy, in 1521, son of a Dalmatian gardener. In his early years, Peretti worked as a swineherd, but soon became involved in the local Minorite convent in Montalto, where he served as a novice at the age of twelve. He went on to study in Montalto, Ferrara, and Bologna, continuing his devotion to religious life, and in 1547 Peretti was ordained as priest in the city of Siena.
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.
Written by Orli Lotan on behalf of the Knesset (Israeli Parliament) Center for Research and Information, "Limitations in Abortion Legislation: A Comparative Study" (hereafter abbreviated "Legislation") examines abortion legislation in Israel, the US, Canada, and a number of European countries. The study also acknowledges the medical, moral, ethical, and religious implications of abortion and the impact of such legislation on society in each country. It acknowledges the conflicting viewpoints that exist regarding the issue of abortion, but notes the overall global liberalization of the legal system since the 1950s and the significant drop in maternal, abortion-related illness and death. The following is a description of the study, taken from the original Hebrew version written in November 2007.
Pope Pius IX, born Giovanni Maria Mastai-Ferretti, marked his contribution to the abortion debate by removing the distinction between an "animated" and "unanimated" fetus from Catholic doctrine, and established the edict that a human should be protected starting from the moment of conception onward. This proclamation made abortion at any time of gestation punishable by excommunication. Pope Pius IX's decision became Canon Law of the Catholic Church.
Abortion is the removal of the embryo or fetus from the womb, before birth can occur-either naturally or by induced labor. Prenatal development occurs in three stages: the zygote, or fertilized egg; the embryo, from post-conception to eight weeks; and the fetus, from eight weeks after conception until the baby is born. After abortion, the infant does not and cannot live. Spontaneous abortion is the loss of the infant naturally or accidentally, without the will of the mother. It is more commonly referred to as miscarriage. Induced abortion is the deliberate removal of a developing infant to end a pregnancy.
Quickening, the point at which a pregnant woman can first feel the movements of the growing embryo or fetus, has long been considered a pivotal moment in pregnancy. Over time, this experience has been used in a variety of contexts, ranging from representing the point of ensoulment to determining whether an abortion was legal to indicating the gender of the unborn baby; philosophy, theology, and law all address the idea of quickening in detail. Beginning with Aristotle, quickening divided the developmental stages of embryo and fetus. Indeed, this concept influenced the way embryology, human development, and hominization have been understood for over two thousand years.
As various societies around the world began legalizing abortive procedures or liberalizing government stances on abortion, the Roman Catholic Church's leaders felt the need to respond to these changes by clarifying the Church's position on procured abortion. One incident in particular that may have inspired the "Declaration on Procured Abortion" is the landmark case in the United States Supreme Court in 1973: Roe v. Wade. This case, which legalized a wide range of abortion procedures in perhaps the most influential nation in the world, spurred conversation regarding the morality of procured abortion throughout the world. The Vatican's response was initiated by the Sacred Congregation for the Doctrine of the Faith which, under the guidance of the Prefect Franciscus Seper and Archbishop Hieronymus Hamer, became the "Declaration on Procured Abortion."