Pennsylvania Abortion Control Act
Abortion in th United States
On January 22, 1973, the U.S. Supreme Court handed down its landmark decision, Roe v. Wade, recognizing the constitutional right to privacy and a woman’s right to choose abortion. Many don’t recall the deadly days before Roe when abortions were illegal and "choice" for too many women meant a dangerous back-alley procedure. In fact, in 1965, before Roe, nearly one-fifth of all maternal deaths in the United States were due to illegal, unsafe abortions. It is 35 years later, yet a woman’s constitutional right to choose still isn’t safe and Roe is in serious jeopardy.
Abortion in Pennsylvania
Pennsylvania has some of the most restrictive abortion laws in the country. In 1989, the state legislature passed and Governor Robert Casey, Sr. signed into law the Abortion Control Act. It required that, except in medical emergencies:
(a) a woman wait 24 hours between consenting to and receiving an abortion;
(b) the woman be given state-mandated information about abortion and offered state-authored materials on fetal development;
(c) a married woman inform her husband of her intent to have an abortion; and
(d) minors' abortions be conditioned upon the consent, provided in person at the clinic, of one parent or guardian, or upon a judicial waiver.
In addition, physicians and clinics that perform abortions were required to provide to the state annual statistical reports on abortions performed during the year, including the names of referring physicians.
Planned Parenthood Southeastern Pennsylvania (PPSP) immediately challenged the 1989 statue in U.S. District Court. Their argument was that the five provisions of the law were unconstitutional. This landmark case came to be known as Planned Parenthood Southeastern Pennsylvania v. Casey.
The U.S. District Court found all five provisions to be unconstitutional, and put an injunction on the law in place. The court’s decision was appealed to the Third Circuit Court which upheld all of the regulations except for the spousal notification requirement.
On June 29, 1992 the U.S. Supreme Court issued its ruling in Planned Parenthood Southeastern Pennsylvania v. Casey. The Court reaffirmed the validity of a woman's right to choose abortion under Roe v. Wade, but also upheld four of the five restrictions of PA’s Abortion Control act; striking down only the spousal notification clause of the law. The court announced a new standard of review that allows restrictions on abortion prior to fetal viability so long as they do not constitute an "undue burden" to the woman. A restriction is an "undue burden" when it has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion. Under this standard, only the husband notification provision was considered an undue burden and therefore unconstitutional. All the other provisions were upheld as not unduly burdensome. This case expanded the ability of states to enact all but the most extreme restrictions on women's access to abortion.
The Court Case: Planned Parenthood Southeastern Pennsylvania v. Casey
112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)
Opinion of the U.S. Supreme Court (Syllabus only)
Full Opinion of the U.S. Supreme Court
In February of 1994, after more than 4 years of court battles, the courts ordered the law to go into effect.
Pennsylvania’s Abortion Control Act was one of the first comprehensive sets of abortion restrictions in the country, thereby setting the trend for abortion legislation across the United States. This ruling was a major victory in the campaign to slowly chip away at a woman’s right to choose through what seem like small restrictions, but add up to significant burdens on women seeking abortion.
Current Abortion Restrictions in Pennsylvania:
1. No state or federal public funds can subsidize abortion counseling, referrals or procedures.
2. A 24-hour waiting period between a positive pregnancy test and the ability to schedule an appointment for an abortion.
3. A mandated lecture with materials produced by the state. This lecture includes outdated and exaggerated information, and was included in the law as an attempt to convince women not to go forward with the procedure. There is no other medical procedure in existence which includes similar protocol.
4. For a woman under the age of 18, before the 24-hour waiting period goes into effect, a parent must come in to witness the mandated lecture and sign a consent form. The only way to forego this section of the law is by court order, an often intimidating and convoluted system to navigate as a young woman.
Increased Reporting Requirements:
Reproductive health care clinics are required to file reports with the state that include information about the name of the doctor performing the abortion and the name of the doctor who referred the patient to the clinic. The reports are public information. Patients' names are not released to the state. However, anti-choice demonstrators are able to obtain information about doctors, aiding them in their attempts to harass the physicians.
Young Women’s Access to Abortion:
Women under 18 are required by law to get permission to have an abortion from a parent, legal guardian or judge. Some young women decide they cannot tell their parents about their pregnancy. Teens who can not locate a parent, who are victims of rape or incest, or who fear abuse if they tell a parent, must go to Family Court to ask a judge for permission to have an abortion. This process is called “judicial bypass.”
If the judge believes the teen is mature enough to make the decision, permission can be granted without parental consent. If the judge believes the teen is immature and denies her permission to have an abortion without parental consent, the teen will be forced to try to get permission from a parent or will be forced to carry the pregnancy to term.
The Women’s Law Project produces a Young Women’s Guide to Abortion in Pennsylvania. Download a copy in English or Spanish.
Current Legislation:
Currently, there is no legislation pending on the state level to advance a woman's right to choose, or to further restrict abortions in Pennsylvania. Polling done in 2007 shows that 67% Pennsylvanians agree that we should limit government interference in private, personal medical decisions, support pregnancy prevention programs and not start the abortion debate again, but focus instead on other issues important to Pennsylvanians.
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