On Sunday, April 16, 1972, nearly 10,000 protestors flooded the streets and converged in New York City’s Central Park. Although controversy filled the air, it did not fall on partisan lines. Up to this point, the state of New York was responsible for the largest number of legal abortions. Whilst many referred to the legalization of abortive practices as a “liberal abortion law” [4], it had been a Republican legislator and a Republican governor largely responsible for the law’s existence. This kindled an internal battle amongst the Republicans about whether or not abortions should even place, and to what extent should they be illegal in all cases.
By going back several decades, the history of anti-abortion movements can be traced back to the Comstock Act of 1873. It was at this time, for the first time in this country’s history, abortion became a politicized topic nationwide. Up to this point, abortions were largely practiced and protected under common law. Whilst this act prohibited the use of mail “to spread information or materials deemed as “obscene”‘ [1], the law also explicitly mentioned that anything used to cause or carry out an abortion is also prohibited to travel by mail. This act is often credited to be the initial fuel that sparked the eternal flame of controversy in abortion culture that has consumed the United States for decades.
Moving forward to 1895, the Catholic Church which previously supported abortions, indirectly made a substantial change to American history by condemning abortions completely. In the years following, many Catholics adopted their church’s beliefs and developed a passion for their “pro-life” stance.
As the 19th century bled into the start of the 20th, other groups of people began condemning abortions from their lives as well. With one being medical practitioners. Many of these doctors partook in an activist group named the “American Medical Association”, or AMA for short. By voicing disapproval of abortions, these physicians hoped “to win professional power, control medical practices, and restrict their competitors” [2].
At the head of the AMA’s anti-abortion movement, was Dr. Horatio Storer. Dr. Storer studied at Harvard University and later received his graduate degree. After working abroad, he eventually returned to Harvard Medical School and began teaching gynecology as its own subject. During this time as a professor, Dr. Storer began developing a forceful stance against abortion and preached its dangers to those around him. Initially, many physicians criticized him for it, but as time went on, his work became more credible in the eyes of his peers [3]. The AMA still uses many of his written opinions today in the everlasting abortion legal battle.
By 1910, abortion became outright illegal at every stage of pregnancy nationwide with the exception of preserving the mother’s health if it were at risk upon giving birth. Whilst there was extreme support behind this movement, it was also heavily criticized because a large percentage of the doctors and lawmakers behind this ban were men.
Despite being illegal, throughout the 20th century, many women still found ways to have abortions if they wished. Whether that consisted of going to a practitioner that worked behind closed doors or seeking help from unlicensed individuals who made a living of it, hundreds of thousands of abortions happened nevertheless. While the exact number is uncertain, between 1950 and 1960 “the estimated number of illegal abortions ranged from 200,000 to 1.2 million per year” [2].
In 1967, Colorado became the first state to decriminalize abortion in cases of rape, incest, or in which pregnancy would lead to medical complications for women. This started a domino effect with Colorado becoming the first “of sixteen states to legalize at least some forms of abortion within a three-year period” [4]. Following this initial wave, twenty-five more states went on the “pro-choice” offensive and campaigned for abortion legalization bills as well. Even though every single one ended up failing, the movement created the momentum that was necessary to propel the topic of abortion back into the national spotlight.
Not long after, “pro-life” advocates began fighting back against the rapidly spreading “pro-choice” ideology. This reborn feud sparked conflict within the Democratic and Republican parties alike because up to this point, neither party had developed a hard-set platform for or against abortion. This waged a political battle in which all partisan lines in relation to abortion were purely evaporated and led Republicans to battle other Republicans and Democrats to battle other Democrats throughout the national and state legislative system.
Which brings us back to the protest that consumed the streets of New York City. That anti-abortion protest was the first of its kind in terms of scale and in many ways, it set the stage for the protests to come in the years following but it nevertheless differed from most protests today. In today’s America, the deep-cut differences between Democrats and Republicans create extreme hostility towards one another, thus leaving many legislators with an inability to achieve anything without upsetting someone else. Despite modern America being this way now, the evolution of protests and what it means to be a protestor has changed significantly throughout the years.
Elliott Kai Rauton
Works Cited:
[1] McCammon, Sarah. “Why Anti-Abortion Groups Are Citing the Ideas of a 19th-Century ‘Vice Reformer’.” NPR, NPR, 18 Apr. 2023, https://www.npr.org/2023/04/18/1170371877/abortion-pill-mifepristone-judge-comstock.
[2] Ravitz, Jessica. “The Surprising History of Abortion in the United States.” CNN, Cable News Network, 27 June 2016, https://www.cnn.com/2016/06/23/health/abortion-history-in-united-states/index.html.
[3] Writer, Staff. “The Embryo Project Encyclopedia.” Horatio Robinson Storer (1830–1922) | The Embryo Project Encyclopedia, 21 Sept. 2020, https://embryo.asu.edu/pages/horatio-robinson-storer-1830-1922.
[4] Williams, Daniel K. “The Abortion Fight in America before Roe v Wade.” Time, Time, 4 Jan. 2016, https://time.com/4154084/anti-abortion-pre-roe/.
I think this was a topic worthy of investigation; understanding the history/memory of the time before Roe v. Wade is important when discussing America in the wake of this Supreme Court decision. It’s interesting to see what America was like before Roe v. Wade, because this memory has become relevant again with Roe’s overturning. This proves the processual aspect of memory– it is continuous and ever-relevant.
I think it is really interesting to understand the true origins of where the pro-choice movement developed its ideology. In our shared memory, we often think about Roe v. Wade being the origin point for the controversy surrounding abortion and women’s reproductive rights, however, after reading this article it is evident that the controversy existed much earlier.
In the article, Elliot explores how Catholic adopted religious beliefs about pro-life and strengthened their stance on the issue. Suppose for a moment that a different religion, such as Islam or Hinduism, held a prominent position in American society – would the presence of a pro-life movement still be evident? Our memory is so heavily influenced by history and I think it is important to consider what life would be like if certain things were changed in our past.
Understanding the origin of the abortion debate prior to what we know it as now is critical to the study we have performed throughout the semester. Your mention of the Comstock Act of 1873 is revealing of just how far back the formal abortion debate in this country goes, and it is almost too fitting that this legislation came out exactly 100 years before the Roe vs. Wade decision. I learned of the Comstock Act in a different class, so I know that it had a great impact on the status of open conversation about sexuality in the United States. Its passage greatly limited the amount of information people could possess about sexual relationships, and to tie this back to Roe vs. Wade, it similarly made it more difficult for people, especially women, to have control over their own bodies. I am glad you included the fact about most legislation concerning abortion and women’s health coming from men. It is interesting to reflect on the power differential that has such a great impact on the fate of women’s sexual health. It is easy to see that the abortion debate has gone for a very, very long time, and it does not seem to be going anywhere. As this issue disappears and reappears in the public sphere as the years go on, its steady influence in the background of all sorts of political debates remains prominent. As you have shown, the context behind abortion debates is important in understanding the present and future status of this conversation and its history might reveal an almost cyclic pattern of memory and change.
Your discussion of materials concerning birth control being designated “obscene” and prohibited from being sent over the mail reminds me of the same strategy as is obvious in TRAP laws. An unpopular measure is passed by indirectly making its target illegal; information on birth control was not outlawed outright, but could only be disseminated by hand, significantly slowing its diffusion and facilitating the arrest of pro-abortion figures. It is important that the fight against abortion began with a war on information by the Comstock Act. Further, anti-abortion views were promoted in the language of medicine, which is irrefutable to all but the colleagues of Dr. Storer. This information was allowed to diffuse uncontested while similar medical documents on abortion methods were effectively outlawed.
I thought this was a good choice to research on because the memory of Roe v. Wade often overshadows all else that came before it in regards to abortion. I think it’s important to recognize its history in current debates regarding the subject. In response to this, I’d like to bring up a point that voters and even Justices have used to try and defend the abolition of Roe v. Wade. Several claim that the protection was unconstitutional because there is no specific provision in the Constitution that allows for a right to an abortion. However, considering that the topic of abortions became popularized in 1873, almost 100 years after the Constitution was ratified, it’s irrelevant to bring this into discussion. I also believe that the history of abortions before the case of Roe v. Wade is crucial in understanding the polarization of American politics when it occurred and after.
It is interesting to note that the initial fuel for the controversy was the Comstock Act of 1873, which prohibited the use of mail to spread information or materials deemed “obscene,” including anything used to cause or carry out an abortion. It is also noteworthy that the Catholic Church’s condemnation of abortions in 1895 had a significant impact on American history, as many Catholics adopted their church’s beliefs and developed a passion for the “pro-life” stance. People tend to follow their particular community (church, school, neighborhood) when it comes to taking a stance on a divisive issue. It is also very surprising to learn that Colorado was the first state to decriminalize abortions in the case of rape, incest etc in 1967. I find it wild that it took that long to make that very necessary and reasonable distinction. Your article was very insightful and well written!
This is a very interesting topic. So much of our focus has always been on what Roe established. It is interesting to see what happened before. I think we can take lessons from how we treated abortions back then to now because we are now in a world without Roe being in place again. It is also always important to recognize our history whether good or bad.
This offers an engaging and informative look at the history of the abortion fight in the United States before Roe v. Wade. Successfully highlighted key events, such as the Comstock Act of 1873 and the impact of the Catholic Church, while also discussing the role of physicians in the anti-abortion movement. Analyzing the political landscape and the protest in New York City in 1972 helps to illustrate how the issue has evolved over time. I appreciate the efforts to understand the events leading up to Roe v. Wade comprehensively. It will be a valuable resource for readers interested in the history of the abortion debate in the United States.
This was very insightful to read, as it never crossed my mind to think, about what the debate on abortion looked like before Roe v. Wade came into play. It is also interesting to see what was seen as obscene during the 19th century that is openly talked about today in the 21st century. Today there are open conversations about what was seen as taboo back then like abortion. But, should the huge fight against abortion be considered progress since it is an open conversation now, or are we moving backward because of the polarization it has caused in the country? Also, it is important to see how heavy the influence of religion was on these abortion laws. The Catholic Church’s ideologies pushed for Anti-Abortion laws which was one of the biggest triggers in this debate as a whole.