Before 1973: Number of Women Who Asked Their Doctors
In the study, "The Search for an Abortionist", Nancy Howell Lee questioned 114
middle-class, educated women about their illegal abortions. The study reports
that 63 out of the 114 women asked a doctor for help. (Note that because of the
restricted group, this study is not generalizable across the entire population
of American women.) C. Westoff and L. A. Westoff, From Zero to Now: Fertility,
Contraception and Abortion in America (1968) pp. 156-157.
Before 1973: Doctors' Responses
In the above study, " . . . only 6 of the doctors arranged for legal abortions.
Nine doctors helped to provide the address of an abortionist, 27 were neutral
or disapproving, and seven were rude or bullying." (Note that because of the
restricted group, this study is not generalizable across the entire population
of American women.) C. Westoff and L. A. Westoff, From Zero to Now: Fertility,
Contraception and Abortion in America (1968) pp. 156-157.
Legal Risks in 1955 New York
Women's Legal Risks in 1955 New York
Section 81 of the New York State Penal Law stated, "A pregnant woman who takes
any medicine, drug, or substance or uses or submits to the use of any
instrument or means, with intent thereby to produce her own miscarriage, unless
the same is necessary to preserve her life, or that of the child whereof she is
pregnant, is punishable by imprisonment . . . " Planned Parenthood Federation
of America, Abortion in the United States, M.S. Calderone, ed., (1958) p. 47.
Doctors' Legal Risks in 1955 New York
Some doctors were willing to provide abortions or to refer patients to abortion
providers. But these providers often lacked formal training, anaesthetics, and
antibiotics. If the abortion was traced back to the doctor, he could still face
loss of his medical license and jail time.
Federal Law
Before the Supreme Court's 1973 Roe v. Wade decision, state laws differed, but
the prevailing rule in 1955 throughout the United States was that abortion was
illegal unless necessary to preserve the woman's life. In addition, the Federal
Comstock Act prohibited "transporting, mailing, or importing abortion
instruments, drugs, or instructions." Planned Parenthood Federation of America,
Abortion in the United States, M.S. Calderone, ed., (1958) p. 34.
State and Local Law
In New York State in 1955, abortion was not allowed unless "necessary to
preserve the life of the woman, or of the child." The New York County District
Attorney prosecuted 136 abortion cases from 1946 to 1953. Planned Parenthood
Federation of America, Abortion in the United States, M.S. Calderone, ed.,
(1958) pp. 190, 36.
Burden on Proof on Defendant
U.S. Circuit Judge Thurman Arnold stated in a Federal case, "The performance of
an abortion for any of these purposes (to avoid social disgrace, poverty, or
illegitimacy) is so offensive to our moral conception that it does not seem
unjust to put on the defendant who has committed an abortion the burden of
producing evidence that the act was justified on therapeutic grounds." Planned
Parenthood Federation of America, Abortion in the United States, M.S.
Calderone, ed., (1958) pp. 34-35, 190.
Vague Definitions of "Necessary" Abortion
Exactly what constituted a necessary abortion was ill-defined. In the published
proceedings from the 1955 Abortion in the United States Conference sponsored by
the Planned Parenthood Federation, Edwin Schur , a senior student at Yale
University School of Law, said " . . . a physician must be wary about
performing therapeutic abortions, for despite consultation with other
physicians, his decision may not stand up in court. . . . The current laws
provide no accurate criteria by which the doctor can govern his actions."
Planned Parenthood Federation of America, Abortion in the United States, M.S.
Calderone, ed., (1958) p. 35
...New York City Requirement to Report Illegal
Abortions
Women and the medical staff who treated them were in a legal bind in New York
City in 1955. "Under the Penal Code of the City of New York , it becomes the
duty of a doctor to report to the legal authorities any case where an abortion
has been induced or is suspected of being induced," stated Dr. Louis Hellman,
Professor, Department of Obstetrics & Gynecology, State University of New
York/Brooklyn. Planned Parenthood Federation of America, Abortion in the United
States, M.S. Calderone, ed., (1958) p. 41.
Countries Where Abortion was
Legal in 1955
In 1955 in addition to Japan (starting 1952), abortions were legal in Finland
(starting in 1950), Sweden (starting 1946), and the U.S.S.R. (starting 1920).
The conditions under which abortions were permitted in these countries varied
widely. Some of the abortion laws have been changed, in both more restrictive
and more liberal directions since the dates indicated. J. van der Tak,
Abortion, Fertility, and Changing Legislation: An International Review (1974)
p. 13, 30, 43-4, 47.
Legal Abortions in American Hospitals Before 1973
In limited cases, to preserve her health, a woman could get a legal therapeutic
abortion at a hospital in 1955. Many hospitals used review boards to evaluate
requests for abortions. However, the availability of the abortion depended upon
the the woman's money and social connections as well as upon the personal
opinions, biases, and political agendas of the hospital management and abortion
review board members.
Number of Legal Abortions Before 1973
In the U.S.: 8,000 Therapeutic Abortions and One Million Illegal Abortions Per
Year
"For the period just prior to adoption of moderate abortion laws by some states
beginning in 1967, Tietze states that 'constant repetition has led to the wide
acceptance of a round figure of 1 million induced abortions per year [of which
only an estimated 8,000 were legal], corresponding to an abortion rate of 5 per
1,000 population and an abortion ratio of almost 30 per 100 live births.'" J.
van der Tak, Abortion, Fertility, and Changing Legislation: An International
Review (1974) pp. 72-3.
In California: 500 Therapeutic Abortions Per Year and 100,000 Illegal Abortions
Per Year
"[Dr. Fox] has made a fairly authoritative estimate of about 100,000 criminal
abortions per year in the State of California and a very authoritative record
of approximately 500 therapeutic abortions per year in the State of
California." Dr. Edmund Overstreet in L. Fox, "Abortion Related Deaths,"
American Journal of Obstetrics and Gynecology (1967) p. 652.
Factors Limiting Access to Legal
Abortions in 1955
Money for Psychiatric Evaluations
" . . . A woman with money can afford to hire a psychiatrist who will find
suicidal inclinations so that she can get an abortion somewhere in that state."
C. Westoff and L. A. Westoff, From Zero to Now: Fertility, Contraception and
Abortion in America (1968) p. 153.
Social Connections
In explaining why more private patients than ward patients received therapeutic
abortions, Dr. Sophia Kleegman, Clinical Professor of Obstetrics and Gynecology
at New York University, stated that it is "often because the girl from the
higher social bracket has somebody to whom she is dear, and that somebody is a
person with influence." Planned Parenthood Federation of America, Abortion in
the United States, M.S. Calderone, ed., (1958) p. 114.
Limited Availability of Therapeutic Abortions in Hospitals
"No hospital wants to be known as an 'abortion mill.' In some hospitals
abortions are consistently denied because the director is personally opposed to
any abortion and doesn't want them performed in 'his' hospital." (C. Westoff
and L. A. Westoff, From Zero to Now: Fertility, Contraception and Abortion in
America (1968) p. 153.) Between 1952 and 1956, 26 California hospitals showed
wide variance in the number of therapeutic abortions performed per the number
of deliveries. The range extended from one hospital performing 7,616 deliveries
and no therapeutic abortions to one hospital that recorded one therapeutic
abortion for every 126 deliveries. Fifteen of these 26 hospitals used abortion
boards to authorize abortions. (H.L. Packer and R.J. Gampell "Therapeutic
Abortion: A Problem in Law and Medicine," in The Case for Legalized Abortion
Now, A.F. Guttmacher, ed., p. 148-9.)
A Sample Review Board Procedure
The 1955 abortion board request procedure at Mount Sinai Hospital in New York
was as follows: The five member board consisted of the chief in medicine,
representatives of pediatrics and of surgery, the chief of psychiatry, and the
chief of obstetrics and gynecology. The board met once a week. For each
request, the board required that two consulting doctors submit reports
recommending a therapeutic abortion. These reports were due 48 hours prior to
the meeting. Board members analyzed the reports and consulted medical
literature if necessary. One of the consulting doctors needed to attend the
board meeting to answer questions. After this inquiry the board voted. A
request for a therapeutic abortion was approved only upon a unanimous vote.
Planned Parenthood Federation of America, Abortion in the United States, M.S.
Calderone, ed., (1958) pp. 92-3.
A Patient's Account
Kate Michelman, the Presid
nt of the National Abortion and Reproductive Rights
Action League, describes her pre-Roe experience: "[I]n 1970 . . . the
government did not allow me to make this decision for myself. I was forced to
appear before a hospital-appointed panel of four men. These complete strangers
cross-examined me about the most intimate and personal details of my life. It
was humiliating . . . " National Commission on America Without Roe, Facing a
Future Without Choice: A Report on Reproductive Liberty in America, p. 22.
A Doctor's View of the Review Board System
Fearful of a return to the hospital abortion review board system, Dr. Nada
Stotland, Associate Professor of Clinical Psychiatry and Obstetrics and
Gynecology and Director of Psychiatric Education at the University of Chicago,
stated in 1992: "I think the implications of going back to a system where there
is some sort of board who decides, perverts the whole practice of medicine. I
did my residency under those conditions of having to falsify or being torn
between the best interests of your patient and the law. It's a completely
untenable way to practice medicine." National Commission on America Without
Roe, Facing a Future Without Choice: A Report on Reproductive Liberty in
America, p.21.
Finding an Illegal Abortionist
How did women to find abortionists before Roe? One doctor stated that it took
"an average of four phone calls to find an abortionist and that everyone can
find one through a friend." But there was no guarantee that the abortionist was
medically competent or ethical. "In one Southern city the choice was reportedly
among a chiropractor, an antique dealer, a midwife, a mechanic, and an unhappy
doctor." C. Westoff and L. A. Westoff, From Zero to Now: Fertility,
Contraception and Abortion in America (1968) p. 154.
In the study, The Search for an Abortionist, Nancy Howell Lee questioned 114
middle-class, educated women about their illegal abortions. She reports that
the 114 women asked an average of five people to find an abortionist. In her
study, the women usually found a trained doctor to provide the illegal
abortion, and appointments for the abortions were usually available within a
week of contacting the abortionist. (Note that because of the restricted group,
this study is not generalizable across the entire population of American
women.) C. Westoff and L. A. Westoff, From Zero to Now: Fertility,
Contraception and Abortion in America (1968) pp. 157-8.
Illegal Abortions
Number of Illegal Abortions Before 1973
Estimating the number of illegal abortions is difficult since many abortions
went unreported unless they resulted in hospitalization or death. These quotes
provdes experts' estimates.
United States
Up to 1,200,000 Illegal Abortions Per Year -- or One in Five Pregnancies
Terminated
"Most studies also indicate that up to 1,200,00 illegal abortions are performed
annually or -- otherwise stated -- that one pregnancy in five in this country
is illegally terminated." R. Schwarz, Septic Abortion (1968) p. 7.
One Million Illegal Abortions Per Year -- 30 Per 100 Births
"For the period just prior to adoption of moderate abortion laws by some states
beginning in 1967, Tietze states that 'constant repetition has led to the wide
acceptance of a round figure of 1 million induced abortions per year [of which
only an estimated 8,000 were legal], corresponding to an abortion rate of 5 per
1,000 population and an abortion ratio of almost 30 per 100 live births.'" J.
van der Tak, Abortion, Fertility, and Changing Legislation: An International
Review (1974) pp. 72-3.
200,000 to 1,200,00 Per Year
"No official data exist on the number of illegal abortions that are performed.
In 1955 a panel of experts could only provide a 'best estimate' of between
200,000 and 1.2 million illegally induced abortions occurring annually in the
United States." W. Cates and R. Rochat, "Illegal Abortions in the United
States: 1972-1974," 8 Family Planning Perspectives (1976) p. 2.
California
100,000 Illegal Abortions Per Year
"[Dr. Fox] has made a fairly authoritative estimate of about 100,000 criminal
abortions per year in the State of California and a very authoritative record
of approximately 500 therapeutic abortions per year in the State of
California." Dr. Edmund Overstreet in L. Fox, "Abortion Related Deaths,"
American Journal of Obstetrics and Gynecology (1967) p. 652.
Number of Deaths from Illegal Abortions Before 1973
5,000 American Women Per Year
"It has been estimated that as many as 5,000 American women die each year as a
direct result of criminal abortion. The figure of 5,000 may be a minimum
estimate, inasmuch as many such deaths are mislabeled or unreported." R.
Schwarz, Septic Abortion (1968) p. 7.
50% to 28% of Maternal Deaths
"In Philadelphia over 50 per cent of the maternal deaths result from
complications of abortion, and this fact apparently holds true in other areas
of the county: . . . 57 per cent in Michigan; . . . 33 per cent at the Kings
County Hospital in Brooklyn; and . . . 28 per cent in California," R. Schwarz,
Septic Abortion (1968) p. 7.
Most Common Cause of Maternal Death in California
"Induced abortion is the most common single cause of maternal deaths in
California." L. Fox, "Abortion Deaths in California," American Journal of
Obstetrics and Gynecology, 1 July 1967, p. 650.
One Death Per Every 100 Illegal Abortions
"Illegal abortions involve enormous hazards to women's lives and health: this
fact is indisputable and even the archfoes of abortion themselves acknowledge
it. In the sixties, a World Health Organization publication estimated that
100,000 women died each year [worldwide] from the complications of illegal
abortions. The morbidity (disease) figures from the same cause would reach into
the millions. Unfortunately, the extent of the illegal abortion phenomenon and
its consequences have never been properly assessed: we have to be content with
rough estimates. Researchers agree that there is about one death for every 100
illegal abortions, but they acknowledge that this figure can vary from one
country to the next. In countries where medical services are available to treat
women for the complications arising from an abortion, the mortality rate is
much lower." H. Morgentaler, Abortion and Contraception (1982) pp. 110-11.
Number of Hospitalizations from Illegal
Abortions Before 1973
One-Third Require Hospitalization
"Furthermore, apparently one out of every three illegal operations had serious
enough consequences to require a stay in hospital: in 1960, forty-two percent
of all emergency admissions into hospitals were due to illegal abortions." H.
Morgentaler, Abortion and Contraception (1982) pp. 110-11.
Personal Account of a Doctor
Dr. Robert Prince of Dallas treated many women injured by illegal abortions:
"During my tenure as house officer of OB/GYN, I would see at least one criminal
abortion a night, at least one, and often ten on weekends. All were infected .
.. . Most required surgery of some type, and many required blood replacement. If
these unfortunate women survived, they were often sterile as a result of
infection . . . " National Commission on America Without Roe, Facing a Future
Without Choice: A Report on Reproductive Liberty in America, p. 16.
Cost of Illegal Abortionists' Services
The fees for illegal abortions ranged from $100 to $2,000 with the average cost
between $200 - $400 (1968-71 dollars). C. Westoff and L. A. Westoff, From Zero
to Now: Fertility, Contraception and Abortion in America (1968) p. 154.
Number of Self-Induced Abortions
50% to 80% of Women Try to Self-Induce Abortions
In a study titled "The Search for an Abortionist," half of the 114 women tried
to self-induce an abortion before going to a doctor. C. Westoff and L. A.
Westoff, From Zero to Now: Fertility, Contraception and Abortion in America
(1968) pp. 155-156.
Dr. Kinsey states, "The records of the most experienced abortionist whom we
have known indicated that about 80 per cent of the women who came to him for
consummation of an abortion had previously attempted some sort of
self-induction." Planned Parenthood Federation of America, Abortion in the
United States, M.S. Calderone, ed., (1958) p. 57.
Deaths and Injuries from Self-Induced
Abortions
Self-induced abortions were not always effective in ending pregnancies. And
these risky methods could result in birth defects if the fetus survived, the
woman's death, permanent injury, sterility, and great pain. Many of these
seriously injured women went to hospital emergency rooms.
Septic Abortion the Second Highest Cause of
Maternal Deaths in Washington, D.C., 1940-1943
"In reviewing these deaths, the Health Department found . . . that the majority
were due to self-induced abortion. At one Washington hospital they admit about
fifteen septic cases a month, of which six have been lost, over a three-year
period, from overwhelming infection," stated Dr. Robert Nelson, Chairman,
Sub-Committee on Maternal Welfare, Medical Society of the District of Columbia.
Planned Parenthood Federation of America, Abortion in the United States, M.S.
Calderone, ed., (1958) p. 65.
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