Abortion in New Jersey

Abortion in New Jersey is legal. Abortion related laws were drafted by the legislature by the end of the 1900s.  These laws would be addressed in court during the 1800s as they related to application in prosecutions of women for having abortions. During the 1940s, hospitals created committees to approve abortion requests with the goal of trying to reduce the number of abortions performed at them. Currently, there are no required waiting times and parental consent is not necessary.

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]

Context
See also: Abortion in the United States

Free birth control correlates to teenage girls having a fewer pregnancies and fewer abortions. A 2014 New England Journal of Medicine study found such a link.  At the same time, a 2011 study by Center for Reproductive Rights and Ibis Reproductive Health also found that states with more abortion restrictions have higher rates of maternal death, higher rates of uninsured pregnant women, higher rates of infant and child deaths, higher rates of teen drug and alcohol abuse, and lower rates of cancer screening.[8]

According to a 2017 report from the Center for Reproductive Rights and Ibis Reproductive Health, states that tried to pass additional constraints on a women's ability to access legal abortions had fewer policies supporting women's health, maternal health and children's health.  These states also tended to resist expanding Medicaid, family leave, medical leave, and sex education in public schools.[9] According to Megan Donovan, a senior policy manager at the Guttmacher Institute, states have legislation seeking to protect a woman's right to access abortion services have the lowest rates of infant mortality in the United States.[9]

Poor women in the United States had problems paying for menstrual pads and tampons in 2018 and 2019. Almost two-third of American women could not pay for them. These were not available through the federal Women, Infants, and Children Program (WIC).[10] Lack of menstrual supplies has an economic impact on poor women.  A study in St. Louis found that 36% had to miss days of work because they lacked adequate menstrual hygiene supplies during their period.  This was on top of the fact that many had other menstrual issues including bleeding, cramps and other menstrual induced health issues.[10] Connecticut, Florida, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New York, Nevada, and Pennsylvania all had exemptions for essential hygiene products like tampons and menstrual pads as of November 2018.[11][12][13][14]

History

The Committee on Abortion was created at the Monmouth Memorial Hospital in Long Branch during the 1940s.  Its purpose was to try to reduce the number of abortions at the hospital performed for therapeutic reasons.[15] Monmouth Memorial Hospital's Dr. Robert A. MacKenzie said of this process, "No physician is going to ask the Committee to consider a case which he has not carefully studied, nor about which he does not feel strongly."[15] MacKenzie went on to say about review committees, "No woman will consent to be taken to the hospital for possible examination and interrogation unless she desperately feels the need for help."[15]

In March 2015, New Jersey Governor and US Republican presidential primary candidate Chris Christie issued a state to Susan B. Anthony List that said he supported a 20-week abortion ban.[16]

In September 2018, New Jersey Senator Cory Booker released documents related to Brett Kavanaugh's position on abortion when Kavanaugh was serving as a staff member in President George W. Bush's White House.[17]

With states like Alabama and Georgia passing restrictive abortion laws in early 2019, some businesses announced they would boycott these states. Birmingham Mayor Randall Woodfin said that these boycotts would likely mean two tech companies would not base themselves in the city.  Other states moved to try to take advantage of this political situation, including New Jersey where current Governor Phil Murphy related a statement that said, “New Jersey is open for business for any company that, given the assault on a woman’s right to choose perpetrated by states like Alabama and Georgia, is seeking a home that recognizes basic constitutional rights. [...] New Jersey offers not only a hospitable business climate, but also maintains its progressive values, which include defending a woman’s right to choose. “[18]

Legislative history

By the end of the 1800s, all states in the Union except Louisiana had therapeutic exceptions in their legislative bans on abortions.[19] In the 19th century, bans by state legislatures on abortion were about protecting the life of the mother given the number of deaths caused by abortions; state governments saw themselves as looking out for the lives of their citizens.[19]

In January 2015, Pain-Capable Unborn Child Protection Act was discussed but was ultimately pulled because female Republican New Jersey House members expressed active opposition to the bill, with one major complaint being the only exception was in rape and only if the woman had reported the rape to the police.[16]

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.[20] In early 2018, State Sen. Jeff Van Drew quietly withdrew his sponsorship of a bill that supported parental consent before a minor could request an abortion in New Jersey.[21] As of March 2019, New Jersey remained one of the few states in the country that lacked mandatory consent for minors to get an abortion, either through parental notification or judicial bypass.  Laws also existed that allowed women to drop off newborn infants at certain designated locations without providing their contact information and without facing legal consequences for child abandonment, which is called the Safe-Haven law. As of May 2018, the state did not require waiting periods, mandatory parental consent or prohibit state funding for abortions.[22]

Judicial history

In 1858, the New Jersey Supreme Court said of a woman, "Her guilt or innocence remains a common law.  Her offense at the common law is against the life of the child.... The statue regards her as the victim of the crime, not as the criminal, as the object of protection, rather than of the punishment."[19] 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.[19]

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

Between 1982 and 1992, the number of abortion clinics in the state decreased by twelve, going from 100 in 1982 to 88 in 1992.[23] During the 1990s, Steven C. Brigham opened his first abortion clinic in the state in Wyomissing.[24] While working at his clinics, Brigham performed a number of botched abortions, including late-term abortions.  These were investigated and later resulted in Brigham losing his medical license.[24] In 1996, the state had 94 abortion clinics and was one of only three to gain clinics in the period between 1992 and 1996.[25] In 2011, there were 64 facilities which provided abortions of which 24 were abortion clinics.[22] In 2014, there were 79 facilities that provided abortions of which 41 were abortion clinics.[26][22] In 2014, 33% of the counties in the state did not have an abortion clinic. That year, 23% of women in the state aged 15 – 44 lived in a county without an abortion clinic.[27] In March 2016, there were 26 Planned Parenthood clinics in the state.[28] In 2017, there were 26 Planned Parenthood clinics in a state with a population of 2,046,346 women aged 15 – 49 of which 22 offered abortion services.[29]

In 2014, Steven C. Brigham lost his medical license and was ordered by the  New Jersey Board of Medical Examiners to divest his ownership in six abortion clinics.[30][24]

Vikram Kaji owned a chain of abortion clinics in New Jersey in 2019, but had his medical license revoked in January 2019 because of physical and mental impairments as a result of a stroke.  As part of his agreement when his license was revoked, he agreed to sell these in April 2019.  His agreement also included a provision that would make it possible for state regulators to remove 62-year-old Steven C. Brigham as co-founder of seven of those clinics.[30][31]

Statistics

In the period between 1972 and 1974, the state had an illegal abortion mortality rate per million women aged 15 – 44 of between 0.1 and 0.9.[32] In 1990, 1,042,000 women in the state faced the risk of an unintended pregnancy.[23] In 2013, among white women aged 15–19, there were  abortions 1110, 2230 abortions for black women aged 15–19, 470 abortions for Hispanic women aged 15–19, and 860 abortions for women of all other races.[33] In 2014, 61% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[34] In 2017, the state had an infant mortality rate of 4.5 deaths per 1,000 live births.[9]

The number of abortion clinics in the state has been on the decline in recent years, going from 100 in 1982 to 88 in 1992 to 41 in 2014. State funding through Medicaid was available for poor women needing abortions, with 10,277 state funded abortions in 2010.  There were 24,454 legal abortions performed in 2014, going up to 48,110 abortions in New Jersey in 2017.[35]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[25]
Census division and stateNumberRate% change 1992–1996
199219951996199219951996
Middle Atlantic300,450278,310270,22034.632.732–8
New Jersey55,32061,13063,1003134.535.816
New York195,390176,420167,60046.242.841.1–11
Pennsylvania49,74040,76039,52018.615.515.2–18
Number, rate, and ratio of reported abortions, by reporting area of residence and occurrence and by percentage of abortions obtained by out-of-state residents, US CDC estimates
LocationResidenceOccurrence% obtained by

out-of-state residents

 YearRef
No.Rate^Ratio^^No.Rate^Ratio^^
New Jersey 55,320 31 1992 [25]
New Jersey 61,130 34.5 1995 [25]
New Jersey 63,100 35.8 1996 [25]
New Jersey24,45414.223724,18114.02345.22014[36]
New Jersey 24,563 14.4 239 24,470 14.3 238 5.5 2016 [37]
^number of abortions per 1,000 women aged 15-44; ^^number of abortions per 1,000 live births


Abortion financing
State Medicaid coverage of medically necessary abortion services. Navy blue: Medicaid covers medically necessary abortion for low-income women through legislation. Royal 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 New Jersey 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.[38] In 2010, the state had 10,277 publicly funded abortions, of which were zero federally funded and 10,277 were state funded.[39]

Current Governor Phil Murphy passed a bill into law approving the allocation of $9.5 million in state taxpayer money to Planned Parenthood after President Donald Trump barred clinics that tell patients where they can obtain abortions or clinics offering abortions from receiving federal aid.

Abortion rights views and activities
2017 Women's March in Trenton.

Protests

The state has an abortion rights activist community. Women from the state participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[40]

Anti-abortion rights and views

Views

Governor Chris Christie said in March 2015, “When I was preparing to run for Governor of New Jersey there were those who told me there was no way I would be elected as a pro-life candidate. [...] I told them that they were wrong, that the voters would accept the sincerity of my beliefs even if they felt differently. Today, I am a living example that being pro-life is not a political liability anywhere in America.”[16]

In the state of New Jersey, minors are able to obtain abortion services without parental consent.[41] As long as the minor has obtained the required information such as risks, benefits, and alternatives, the minor may give informed consent to these services without parental consent. All healthcare professionals are bound by law to adhere to HIPAA confidentiality rules unless the minor is suspected of being a victim of child abuse or neglect, is a harm to self or others, or listed by the insurance the minor may be attempting to use.

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. Castillo, Stephanie (2014-10-03). "States With More Abortion Restrictions Hurt Women's Health, Increase Risk For Maternal Death". Medical Daily. Retrieved 2019-05-27.
  9. "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved 2019-05-25.
  10. Mundell, E.J. (January 16, 2019). "Two-Thirds of Poor U.S. Women Can't Afford Menstrual Pads, Tampons: Study". US News & World Report. Retrieved May 26, 2019.
  11. Larimer, Sarah (January 8, 2016). "The 'tampon tax,' explained". The Washington Post. Archived from the original on December 11, 2016. Retrieved December 10, 2016.
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  14. "Election Results 2018: Nevada Ballot Questions 1-6". KNTV. Retrieved 2018-11-07.
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  16. Sullivan, Peter (2015-03-30). "Christie endorses 20-week abortion ban". TheHill. Retrieved 2019-06-02.
  17. "Read the committee confidential document Cory Booker released on Brett Kavanaugh". CNN. Retrieved 2019-06-02.
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  37. Jatlaoui, Tara C. (2019). "Abortion Surveillance — United States, 2016". MMWR. Surveillance Summaries. 68. doi:10.15585/mmwr.ss6811a1. ISSN 1546-0738.
  38. Francis Roberta W. "Frequently Asked Questions". Equal Rights Amendment. Alice Paul Institute. Archived from the original on 2009-04-17. Retrieved 2009-09-13.
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  40. Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA TODAY. Retrieved 2019-05-25.
  41. https://www.aclu-nj.org/files/9413/1540/4576/2008minorsrights.pdf
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