Abortion in Maryland

Abortion in Maryland is legal. 64% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.

The number of abortion clinics have been declining in recent years, going from 52 in 1982 to 51 in 1992 to 25 in 2014.

Terminology
Main article: Abortion
See also: Definitions of abortion

The abortion debate most commonly relates to the "induced abortion" of an embryo or fetus at some point in a pregnancy, which is also how the term is used in a legal sense.[note 1] Some also use the term "elective abortion", which is used in relation to a claim to an unrestricted right of a woman to an abortion, whether or not she chooses to have one. The term elective abortion or voluntary abortion describes the interruption of pregnancy before viability at the request of the woman, but not for medical reasons.[1]

Anti-abortion advocates tend to use terms such as "unborn baby", "unborn child", or "pre-born child",[2][3] and see the medical terms "embryo", "zygote", and "fetus" as dehumanizing.[4][5] Both "pro-choice" and "pro-life" are examples of terms labeled as political framing: they are terms which purposely try to define their philosophies in the best possible light, while by definition attempting to describe their opposition in the worst possible light. "Pro-choice" implies that the alternative viewpoint is "anti-choice", while "pro-life" implies the alternative viewpoint is "pro-death" or "anti-life".[6] The Associated Press encourages journalists to use the terms "abortion rights" and "anti-abortion".[7]

History

Legislative history

By the end of the 1800s, all states in the Union except Louisiana had therapeutic exceptions in their legislative bans on abortions.[8] In the late 1960s and early 1970s, Arkansas, Colorado, Georgia, Maryland, New Mexico, North Carolina and Oregon made reforms to their abortion laws, with most of these states providing more detailed medical guidance on when therapeutic abortions could be performed.[8]

In 2013, state Targeted Regulation of Abortion Providers (TRAP) had provisions related to organization structure, requiring them to be similar to a surgical center in structure.[9] Cities like Baltimore, Austin, and New York passed legislation to require Crisis Pregnancy Centers (CPCs) to disclose their status and that they did not offer abortion services, but organizations representing the CPCs have been successful in courts challenging these laws, principally on the argument that forcing the CPCs to post such language violated their First Amendment rights and constituted compelled speech.[10][11] Whereas the previous attempts at regulating CPCs in Baltimore and other cities were based on having signage that informed the patient that the CPC did not offer abortion-related services, the FACT Act instead makes the patient aware of state-sponsored services that are available rather than what the CPCs did or did not offer.[12] The law went into effect January 1, 2016.[13] In Maryland in 2013, according to The New York Times, something "rare in this era of polarized abortion politics" occurred when laws that significantly tightened the licensing and inspection of abortion clinics were supported by those on both sides of the abortion issue.[14]

As of 2017, Washington State, New Mexico, Illinois, Alaska, Maryland, Massachusetts, Connecticut, and New Jersey allow qualified non-physicians to prescribe drugs for medical abortions only.[15] In August 2018, the state had a law to protect the right to have an abortion.[16]

As of May 14, 2019, the state prohibited abortions after the fetus was viable, generally some point between week 24 and 28. This period uses a standard defined by the US Supreme Court in 1973 with the Roe v. Wade ruling.[17] Two fetal heartbeat bills have been filed in the Maryland House of Delegates in 2019. On February 8, 2019,Ric Metzgar filed HB 933.[18] On February 8, 2019, Robin L. Grammer, Jr. filed HB 978, a bill entitled "Keep Our Hearts Beating Act."[19] In 2019, Former Maryland House Speaker Michael Busch proposed an amendment to the state's constitution to enshrine the right for women to have an abortion.  [20][21] His replacement Maryland House Speaker Adrienne Jones said she would try to re-introduce the amendment in 2020 in response to the abortion bans in the states of Alabama and Georgia.[20][22]

Ballot box history

There was a ballot effort in 1992 where Maryland voters codified women's right to have abortions up to viability.  They wanted this in place in case Roe v. Wade was ever overturned.[20]

Judicial history

The US Supreme Court's decision in 1973's Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester.[8]

Clinic history
Number of abortion clinics in Maryland by year.
See also: Abortion clinic

Between 1982 and 1992, the number of abortion clinics in the state decreased by one, going from 52 in 1982 to 51 in 1992.[23] In 2014, there were 25 abortion clinics in the state.[24] In 2014, 67% of the counties in the state did not have an abortion clinic. That year, 24% of women in the state aged 15 – 44 lived in a county without an abortion clinic.[16] In March 2016, there were ten Planned Parenthood clinics in the state.[25] In 2017, there were nine Planned Parenthood clinics in a state with a population of 1,416,615 women aged 15 – 49 of which five offered abortion services.[26]

Statistics

In the period between 1972 and 1974, there were zero recorded illegal abortion deaths in the state.[27] In 1990, 604,000 women in the state faced the risk of an unintended pregnancy.[23] In 2014, 64% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[28] In 2017, the state had an infant mortality rate of 6.4 deaths per 1,000 live births.[29]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[30]
Census division and stateNumberRate% change 1992–1996
199219951996199219951996
South Atlantic269,200261,990263,60025.924.624.7–5
Delaware5,7305,7904,09035.234.424.1–32
District of Columbia21,32021,09020,790138.4151.7154.512
Florida84,68087,50094,0503030327
Georgia39,68036,94037,3202421.221.1–12
Maryland31,26030,52031,31026.425.626.30
North Carolina36,18034,60033,55022.42120.2–10
South Carolina12,19011,0209,94014.212.911.6–19
Virginia35,02031,48029,94022.72018.9–16
West Virginia3,1403,0502,6107.77.66.6–14

Abortion financing
State Medicaid coverage of medically necessary abortion services.Navy blue: Medicaid covers medically necessary abortion for low-income women through legislationRoyal blue: Medicaid covers medically necessary abortions for low-income women under court order Gray: Medicaid denies abortion coverage for low-income women except for cases of rape, incest, or life endangerment.

Seventeen states including Maryland use their own funds to cover all or most "medically necessary" abortions sought by low-income women under Medicaid, thirteen of which are required by State court orders to do so.[31] In 2010, the state had 4,352 publicly funded abortions, of which were zero federally funded and 4,352 were state funded.[32]

Abortion rights views and activities
Pro-choice is "pro-life" at Summer of Choice 2011 in Germantown, Maryland

Protests

Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[33]

Anti-abortion views and activities

Violence

From February 24–25, 2016, Travis Reynolds, 21, vandalized a Baltimore-area women's health care clinic with anti-abortion graffiti.[34][35] After being arrested, Reynolds "admitted to police that he defaced the clinic's doors, walls and windows because he thought that it would deter women from using the clinic."[35] Reynolds pleaded guilty in federal court to one count of violating the Freedom of Access to Clinic Entrances Act in October 2016.[35]

Footnotes
  1. According to the Supreme Court's decision in Roe v. Wade:
    (a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgement of the pregnant woman's attending physician. (b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. (c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgement, for the preservation of the life or health of the mother.
    Likewise, Black's Law Dictionary defines abortion as "knowing destruction" or "intentional expulsion or removal".

References
  1. Watson, Katie (20 Dec 2019). "Why We Should Stop Using the Term "Elective Abortion"". AMA Journal of Ethics. 20: E1175-1180. doi:10.1001/amajethics.2018.1175. PMID 30585581. Retrieved 17 May 2019.
  2. Chamberlain, Pam; Hardisty, Jean (2007). "The Importance of the Political 'Framing' of Abortion". The Public Eye Magazine. 14 (1).
  3. "The Roberts Court Takes on Abortion". New York Times. November 5, 2006. Retrieved January 18, 2008.
  4. Brennan 'Dehumanizing the vulnerable' 2000
  5. Getek, Kathryn; Cunningham, Mark (February 1996). "A Sheep in Wolf's Clothing – Language and the Abortion Debate". Princeton Progressive Review.
  6. "Example of "anti-life" terminology" (PDF). Archived from the original (PDF) on 2011-07-27. Retrieved 2011-11-16.
  7. Goldstein, Norm, ed. The Associated Press Stylebook. Philadelphia: Basic Books, 2007.
  8. Buell, Samuel (1991-01-01). "Criminal Abortion Revisited". New York University Law Review. 66: 1774–1831.
  9. "TRAP Laws Gain Political Traction While Abortion Clinics—and the Women They Serve—Pay the Price". Guttmacher Institute. 2013-06-27. Retrieved 2019-05-27.
  10. Winter, Meaghan (June 15, 2015). "Why Are Crisis Pregnancy Centers Not Illegal?". Slate. Retrieved March 15, 2018.
  11. Stempel, Jonathan (January 5, 2018). "Court voids Baltimore law requiring 'no abortion' clinic disclaimers". Reuters. Retrieved March 20, 2018.
  12. McEvers, Kelly (November 5, 2015). "California Law Adds New Twist To Abortion, Religious Freedom Debate". All Things Considered. NPR. Retrieved March 15, 2018.
  13. National Institute of Family and Life Advocates v. Harris, 839 F.3d 823 (9th Cir. 2016).
  14. Eckholm, Erik (July 10, 2013). "Maryland's Path to an Accord in Abortion Fight" – via NYTimes.com.
  15. "Study: Abortions Are Safe When Performed By Nurse Practitioners, Physician Assistants, Certified Nurse Midwives". Retrieved 25 January 2017.
  16. businessinsider (2018-08-04). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Retrieved 2019-05-24.
  17. Lai, K. K. Rebecca (2019-05-15). "Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year". The New York Times. ISSN 0362-4331. Retrieved 2019-05-24.
  18. "MD - 2019 Regular Session - HB933". mgaleg.maryland.gov. General Assembly of Maryland. Retrieved February 12, 2019.
  19. "MD - 2019 Regular Session - HB978". mgaleg.maryland.gov. General Assembly of Maryland. Retrieved February 12, 2019.
  20. "Are there *any* states working to protect abortion rights?". Well+Good. 2019-05-17. Retrieved 2019-05-25.
  21. Broadwater, Luke. "Michael Busch to withdraw Maryland constitutional amendment for abortion rights". baltimoresun.com. Retrieved 2019-05-25.
  22. "Maryland House Speaker Jones says she'll likely push for stronger abortion rights". WTOP. 2019-05-16. Retrieved 2019-05-25.
  23. Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. DIANE Publishing. ISBN 9780788174810.
  24. Gould, Rebecca Harrington, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved 2019-05-23.
  25. Bohatch, Emily. "27 states with the most Planned Parenthood clinics". thestate. Retrieved 2019-05-24.
  26. "Here's Where Women Have Less Access to Planned Parenthood". Retrieved 2019-05-23.
  27. Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86. doi:10.2307/2133995. JSTOR 2133995. PMID 1269687.
  28. "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics". Pew Research Center. Retrieved 2019-05-23.
  29. "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved 2019-05-25.
  30. "Abortion Incidence and Services in the United States, 1995-1996". Guttmacher Institute. 2005-06-15. Retrieved 2019-06-02.
  31. Francis Roberta W. "Frequently Asked Questions". Equal Rights Amendment. Alice Paul Institute. Archived from the original on 2009-04-17. Retrieved 2009-09-13.
  32. "Guttmacher Data Center". data.guttmacher.org. Retrieved 2019-05-24.
  33. Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA TODAY. Retrieved 2019-05-25.
  34. John Fritze, Man pleads guilty to vandalizing reproductive health clinic, Baltimore Sun (October 14, 2016).
  35. Baltimore Man Pleads Guilty to Damaging Property of a Reproductive Health Services Facility (press release), United States Department of Justice Office of Public Affairs (October 14, 2014).
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