In the 1989 case Webster v. Reproductive Health Services, the US Supreme Court upheld the constitutionality of a Missouri law regulating abortion care. The Missouri law prohibited the use of public facilities, employees, or funds to provide abortion counseling or services. The law also placed restrictions on physicians who provided abortions. A group of physicians affected by the law challenged the constitutionality of certain sections of it. The US federal district court that first heard the case ruled many of the challenged sections of the law unconstitutional. The Missouri attorney general then appealed the case to an US federal appeals court and eventually to the US Supreme Court in Washington, D.C. In a five to four decision, the US Supreme Court overturned the decisions of the lower federal courts, ruling that it was constitutional to prohibit public funds, facilities, and employees from providing abortion care. In doing so, the Supreme Court upheld a state law that limited women’s access to abortions and established a precedent that states could apply restrictions to abortion care.
In the 1983 case City of Akron v. Akron Center for Reproductive Health the US Supreme Court ruled that certain requirements of the city of Akron’s “Regulation on Abortion” ordinance violated women’s rights to abortions. Despite the legalization of abortion in the 1973, with the US Supreme Court case Roe v. Wade, individual states passed legislation regulating certain aspects of abortion. The city of Akron, Ohio, passed legislation in 1978 that regulated when and where abortions could be conducted, the consent process leading up to abortions, and the disposal of fetal remains after abortions. In a six to three ruling, the Court argued provisions of the city of Akron’s ordinance were unconstitutional. The Court’s opinion in City of Akron v. Akron Center for Reproductive Health reaffirmed the ruling in Roe v. Wade that states could not unduly restrict women’s access to abortions.
What Every Girl Should Know was published in 1916 in New York City, New York, as a compilation of articles written by Margaret Sanger from 1912 to 1913. The original articles appeared in the newspaper New York Call, under the tile “What Every Girl Should Know.” The articles, which are organized into chapters and individual parts in the book, describe sex education, human reproduction, and sexually transmitted infections. Sanger, a nurse and social activist, published What Every Girl Should Know during a time in which US federal and state obscenity laws regulated the circulation of literature related to sex. What Every Girl Should Know flouted those laws, helping people to learn about sex education and reproductive health in the US during the early twentieth century.
What Every Mother Should Know was published in 1914 in New York City, New York, as a compilation of newspaper articles written by Margaret Sanger in 1911. The series of articles informed parents about how to teach their children about reproduction and it appeared in the newspaper New York Call. In 1911, the newspaper series was published as a book, with several subsequent editions appearing later. In What Every Mother Should Know, Sanger emphasizes starting education on reproduction early and honestly answering children’s questions. The book acted as a resource for parents and urged readers to be less fearful of approaching the topic with their children. What Every Mother Should Know provided information to the public about sex education and reproductive health, which was scarce during the early twentieth century.
Where Are My Children? is an anti-abortion silent film released in the United States on 16 April 1916. The film was directed by Lois Weber and Phillips Smalley and produced by Universal Film Manufacturing Company/Lois Weber Productions in Universal City, California. In the film, Weber tells a story of an attorney who wants to have children and raise a family, but his wife chooses to abort her pregnancies, fearing that having children will ruin her social activities. In the early 1900s, information about contraception was not freely available or legal to obtain. Physicians were allowed to distribute contraceptives only if the woman would be put in a life-threatening circumstance were she to get pregnant. In the film, Weber encourages contraceptives as a means of family planning, but advocates against abortions. Where Are My Children? is one of the first films to discuss birth control and family planning, and it is among the first to push against motion picture censorship of contraception and family planning in cinema.
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.
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.
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.
In 1918, the New York State Court of Appeals in Albany broadened the justification physicians could use to prescribe contraceptives to married patients in the case The People of the State of New York v. Margaret H. Sanger (People v. Sanger). The presiding judge of People v. Sanger, Frederick Crane, ruled that under Section 1145 of the New York Penal Code physicians could provide contraceptives to married couples for the prevention of disease. However, he supported a criminal conviction against birth control activist Margaret Sanger, who had distributed contraceptives, because she was not a physician. In his ruling, Crane broadened New York’s legal definition of disease to include any situation affecting the health of married people, increasing physicians’ ability to prescribe contraceptives in New York. The case also influenced the US Supreme Court when it legalized contraception for married couples in the mid twentieth century.