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Government Control of Women's Bodies

  • History
    • Coverture: no  female person had a legal identity
    • legal doctrine in Anglo-American common-law
    • female baby was covered by her father’s identity until marriage, when it changed to her husband’s
    • affected government ideas on rape, owning property, parental rights, etc
    • Pre-1300: Rape was considered a crime against a girl’s father’s honor and estate
    • considered a theft of a girl’s virginity, which ruined her state and lowered her price on marriage market
    • when married women were raped, both parties were considered guilty of adultery
    • Women couldn’t make contracts, be sued, or work in a business because they were not legally people
    • Women had no rights to property or their children
    • 1839: mothers could petition courts for the custody of children under seven
    • 1973: the preference of giving mothers the majority of custody over children began
    • change happened bc of the Industrial Revolution: fathers were leaving for work, so they couldn’t care for young children
    • Husbands had almost complete control of their wives
    • Once married, a wife’s consent was implied under law
      • all sexual activities with spouse were considered legal
      • spousal rape didn’t exist
    • 1970s: states began outlawing spousal rape
    • 1993: spousal rape became a nationwide crime
    • Husbands could beat their wives as much as they want (domestic abuse wasn’t nationally criminalized until 1996)
    • A husband could have his wife committed to a mental hospital without her consent or a public hearing
  • History of Abortion in the US
    • Controversies surrounding abortion rights didn’t begin in the US until the mid-1800s
    • Churches frowned upon abortion bc it was assumed that the person was engaging in premarital sex - they didn’t view abortions as murder at that time
    • Until the mid-1800s, early induced abortion was not considered an abortion at all
      • quickening (fetal movements) was the first sign of pregnancy
      • until the mother was able to feel the fetal movements (15-20 wks), the fetus wasn’t recognized as a baby/person
    • during the 1800s, up to 35% of 19th century pregnancies ended in abortion
      • disgrace of carrying a child out of marriage
      • dangers of childbirth prior to modern day medical procedures
      • desire to limit the number of children (there wasn’t a reliable contraceptive)
    • First anti-abortion law was introduced by Connecticut in 1821
    • punished any person who provided or took a substance with the intent of causing the miscarriage after quickening
    • Additional regulations on abortion arose as a result of the coalition of male doctors in the mid-19th century
    • rise of licensed male gynecologists - they felt they should be the preferred medical provider
    • wanted to push midwives from the practice
    • they began to denounce abortions bc they were provided by midwives
    • 1857: gynecologist Horatio Storr pushed the American Medical Association to criminalize abortions
      • called it a grave crime, not a medical act
      • wanted white women to keep having babies so POC populations would be low
    • 1910: every state had antiabortion laws and abortion was only allowed when the life of the mother was at risk
    • also had a restriction of contraceptives
    • Women still had abortions, leading to many deaths
    • illegal abortions practiced by a physician
    • attempted abortions on their own
    • 1967: abortion is a felony in nearly every step
    • 1973: Roe V Wade and Doe V Bolton
    • made terminating a pregnancy a legal right nationwide
    • Roe V Wade now overturned
  • Present Abortion Laws
    • abortion is protected by state laws in 21 states and DC
    • abortion is limited or illegal in 26 states and three territories
    • abortion is not protected (but legal) in three states and Puerto Rico