what america really thinks about abortion* · gallup organization (cnn, life, newsweek,...

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1 WHAT AMERICA REALLY THINKS ABOUT ABORTION* Raymond J Adamek, Ph.D. Emeritus Professor of Sociology Kent State University Introduction The polls on which this review is based are those that have been reported to the Roper Center for Public Opinion Research, a major archive for polls done on various topics in the United States. The pollsters covered are those who have asked a significant number of abortion questions over the years 1965-January 2003, either under their own auspices, or for news media (see Table 1). We eliminated polls conducted or sponsored by organizations deemed to have a stake in the abortion issue because we wanted to focus on those organizations that presumably seek to objectively measure the public’s opinion, and to inform our nation what that opinion is on a regular basis. We shall note those few cases where polls outside these parameters are cited. The polls typically involve a large (1000+) probability sample of U.S. adults or registered voters, and thus may be generalized to these national populations. The Public Disagrees with the U.S. Supreme Court on Certain Basic Issues Basic public policy regarding abortion in the U.S. was set by the Supreme Court’s 1973 Roe v. Wade and Doe v. Bolton decisions and reaffirmed in 1992 by Planned Parenthood v. Casey. It allows abortion throughout the nine months of pregnancy for virtually any reason. (See Appendix A). Special polls conducted by Gallup for sociologist Judith Blake in January 1973, a week after the Court’s decision, and in April, 1975 showed that the public disagreed with the Court on certain key issues. Subsequent polls indicate that this disagreement persists. The key issues were: 1. When Does Human Life Begin? Court: “We need not resolve the difficult question of when life begins. … There has always been strong support for the view that life does not begin until live birth” (Roe v. Wade, p. 181). People: Less than 20% of the public believes that life does not begin until birth (see Tables 2 and 3). ________________ *Paper presented at the Ohio Pro-Life Convention, Columbus, Ohio, October 18, 2003. This paper is an updated, abbreviated version of my 44 page booklet, “30-Plus Years of Abortion Polls: What Have We Learned?” For a more complete discussion of the topics covered in this paper and other related topics, you may obtain a copy of the booklet for $5 from The Ad Hoc Committee, 215 Lexington Avenue 4th Fl., New York, NY 10016.

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1 WHAT AMERICA REALLY THINKS ABOUT ABORTION*

Raymond J Adamek, Ph.D.

Emeritus Professor of Sociology Kent State University

Introduction

The polls on which this review is based are those that have been reported to the Roper

Center for Public Opinion Research, a major archive for polls done on various topics in the United States. The pollsters covered are those who have asked a significant number of abortion questions over the years 1965-January 2003, either under their own auspices, or for news media (see Table 1). We eliminated polls conducted or sponsored by organizations deemed to have a stake in the abortion issue because we wanted to focus on those organizations that presumably seek to objectively measure the public’s opinion, and to inform our nation what that opinion is on a regular basis. We shall note those few cases where polls outside these parameters are cited. The polls typically involve a large (1000+) probability sample of U.S. adults or registered voters, and thus may be generalized to these national populations.

The Public Disagrees with the U.S. Supreme Court on Certain Basic Issues Basic public policy regarding abortion in the U.S. was set by the Supreme Court’s 1973

Roe v. Wade and Doe v. Bolton decisions and reaffirmed in 1992 by Planned Parenthood v. Casey. It allows abortion throughout the nine months of pregnancy for virtually any reason. (See Appendix A).

Special polls conducted by Gallup for sociologist Judith Blake in January 1973, a week after the Court’s decision, and in April, 1975 showed that the public disagreed with the Court on certain key issues. Subsequent polls indicate that this disagreement persists. The key issues were:

1. When Does Human Life Begin? Court: “We need not resolve the difficult question of when life begins. … There has always been strong support for the view that life does not begin until live birth” (Roe v. Wade, p. 181).

People: Less than 20% of the public believes that life does not begin until birth (see Tables 2 and 3).

________________

*Paper presented at the Ohio Pro-Life Convention, Columbus, Ohio, October 18, 2003. This paper is an updated, abbreviated version of my 44 page booklet, “30-Plus Years of Abortion Polls: What Have We Learned?” For a more complete discussion of the topics covered in this paper and other related topics, you may obtain a copy of the booklet for $5 from The Ad Hoc Committee, 215 Lexington Avenue 4th Fl., New York, NY 10016.

2 Table 1. Major Pollsters Whose Questions Were Analyzed

ABC News/Washington Post (ABC News, Washington Post) Associated Press/Media General (Associated Press) Gordon S. Black (USA Today, USA Today/CNN) CBS News/New York Times (CBS News, New York Times) Gallup Organization (CNN, Life, Newsweek, Times-Mirror, USA Today) Hart-Teeter Research Companies (NBC News/Wall Street Journal) Peter Hart and Breglio (NBC News, NBC/Wall Street Journal) Krc Communications Research (Boston Globe! WBZ, WBVTV) Los Angeles Times (CNN) Louis Harris and Associates, Harris Interaction National Opinion Research Center Opinion Dynamics (Fox News) Princeton Survey Research Associates (Newsweek) Yankelovich Clancy Shulman; Yankelovich Partners (Time. CNN) Organizations in parentheses are sponsors and/or conducted some polls on their own. Opinion Dynamics (Fox News) was added to the list in 1999.

Table 2. Responses to Judith Blake’s Early Polls Regarding When Human Life Begins

Jan 1973 Poll April 1975

Responses Men Women Men WomenConception 36 50 43 58Quickening 19 23 15 16Viability 15 12 14 11Birth 19 8 20 10Other/DK 11 7 8 5N= 735 773 794 800

Source: Blake, 1977.

3 Table 3. Responses to Later Polls Regarding When Human Life Begins

Pollster Gallup ABC News

Wash Post Gallup* Yankelovich

et al. L.A. Times L.A.Times

Date 12/77 5/81 5/81 11/81 3/89 7/89 N 1518 1533 - - 3583 756Responses Conception 36 41 54 39 41 47l-3 mos. 23 30 8 114-6 mos. 10 7-9 mos. 2

12 89

12

Birth 8 11 17 5 15 13Other 4 1 28DK, NS, Rf 17 6 12 30 17 12

*Source: The Gallup Report, No. 90 (July 1981): 18-22. The Yankelovich, et al. poll included only female respondents, and was reported in Life (Nov. 1981).

Table 3 continued

Pollster L.A. Times Newsweek Princeton Sur. Res.

Fox News Opinion Dynamics

Date 6/00 5/03 8/03 N 2071 1009 900Conception 53 46 55Implantation 12 Somewhere between conception/birth 29 Viability 24 23Birth 12 11 13DK, NS 6 7 9

4 2. When Does the Individual Become a Person?

Court: “The Constitution does not define ‘person’ in so many words.” (In the Fourteenth Amendment) “the use of the word is such that it has application only postnatally. Hence, the word ‘person’ … does not include the unborn” Roe v. Wade, pp. 179-180.

People:Again disagreed with the Court (see Table 4).

Table 4. When Does the Individual Become a Person?

Pollster Gallup for Blake Gallup for AUL*Date April 1975 May 1990 N 799 2174Conception 33 56Quickening 15 16Viability 22 13Birth 18 8Other, DK 12 8

* AUL = Americans United for Life (not a disinterested organization).

3. Timing and Circumstances of Legal Abortion. Court: Supreme Court rulings permit abortion at any stage of pregnancy for virtually any

reason.

People: Most polls show the American people take a much more restrictive stance toward the timing and availability of abortion. Two early Gallup polls posed one of the most comprehensive questions asked on these issues. First they asked: “Do you think abortions should be legal under any circumstance, legal under only certain circumstances, or illegal in all circumstances?”

In each poll, 22% said legal under any circumstance, the middle majority (54-55%) said legal under only certain circumstances, and 19% said illegal in all circumstances. (Remainder had no opinion).

Gallup then asked the middle majority to consider six possible circumstances in each trimester of pregnancy. Their responses are given in Table 5.

5 Tab1e 5. Percent of Those Responding “Legal under Only Certain

Circumstances” Who Think Abortion Should Be Available by Circumstance, Trimester, and Year

Trimester Life

Endangered Rape/Incest Health

Damage Baby Deformed

Mental Health

Can’t Afford

First 1977 77 65 54 45 42 161979 78 59 52 44 42 15Second 1977 64 38 46 39 31 91979 66 32 46 37 31 6Third 1977 60 24 34 28 24 61979 59 19 33 28 22 4

Sources. — Gallup Opinion Index 1978, 1979. N’s provided by the Roper Center.

NOTE. — For 1977, N= 831; for 1979, N = 833.

These data indicate that the only justification the middle majority considers legitimate for abortions beyond the first trimester is “when the woman’s life is endangered.” (The shaded area in the table encompasses the majority responses of the middle majority). The work of Cook et al. (1993) suggests that even some of the 22% who responded “legal under any circumstance” to the initial question would take less permissive stances if presented with these more specific items outlining the six circumstances in each trimester.

More recent polls confirm the fact that while a majority of Americans would permit abortion in the first trimester, a majority does not think second- and third-trimester abortions should b permitted or legal (see Table 6).

Table 6. Percent Saying Abortion Should be Permitted/Legal, by Trimester

Pollster Gallup CBS News N.Y. Times

Harris Gallup Gallup/CNN USA Today

Date 7/96 1/98 1/98 4/00 1/03 N 1008 1001 1000 998 1002Trimester First 64 61 63 65 66Second 26 15* 26 24* 25*Third 13 7* 13 . 8* 10*

* Several additional respondents in these categories stated, “It depends,” indicating they might permit abortion in the second and third trimesters for some reasons.

6 The general Gallup “circumstances” question noted above has been repeated over time,

and is therefore useful for gauging changes in opinion. We may review the results of these polls in Table 7.

Table 7. Average Responses Over Four Time Periods to the Gallup Question: “Do you think abortion should be legal under any circumstances, legal only under certain

circumstances, or illegal in all circumstances?”

Time Periods No. of Polls Legal Any Legal Certain Illegal All 1975-1990 8 24 54 181991-1995 8 32 51 141996-2000 8 25 56 162001- 5/2003 7 25 54 19

Note 1. DK and NA responses were omitted from this table. They ranged between 1%-7%.

Note 2. In the most recent time period for 5 of the 7 polls for which we have data, those who responded legal under certain circumstances” were asked to choose between two further categories. The categories and the average responses given in these 5 polls are:

“Legal under most circumstances”: 13%

“Legal only in a few circumstances”: 41%

The data in Table 7 lead to several conclusions:

1. Only a minority of Americans have ever agreed with the Supreme Court’s position thatabortion should be legal under any circumstances.

2. A majority of Americans take the position that abortion should be available under certain circumstances. When questioned further on this point (see Note 2), they are more prolife than prochoice.

3. Only a minority take the strictly prolife position that abortion should be illegal in all circumstances. (The wording of this option does not allow for the "life of the mother” exception. however. If it did, the percentages would be somewhat higher).

4. As measured by this question, prochoice sentiment generally increased from 1975 to 1995, and decreased thereafter, probably due in large part to the partial-birth abortion debate. Correspondingly, prolife sentiment decreased initially, but has generally increased since 1996.

7 Two similar three-response choice questions, asked by Yankelovich Clancy Shulman (14

polls from 1989 to January 1998) and CBS News/N.Y. Times (25 polls from November 1989 to July 1996) also confirm that a majority of Americans has never supported the prochoice (prochoice = pro-abortion; see Appendix B) position in response to these types of items.

Another important poll time series focusing on the circumstances that justify abortion is that of the National Opinion Research Center (see Table 8).

Table 8. Average Percentage of Respondents Approving of Legal Abortions in Five Time Periods

Question: Please tell me whether or not you think it should be possible for a pregnant woman to obtain a legal abortion: 1972-

1976 1977-1983

1984-1989

1990-1996

1998-2002

1. If the woman’s own health is seriously endangered by the pregnancy?

89 88 87 88 86

2. If she became pregnant as a result of rape?

79 80 78 81 77

3. If there is a strong chance of serious defect in the baby?

80 80 77 79 76

4. If the family has a very low income and cannot afford any more children?

50 48 43 47 42

5. If she is not married and does not want to marry the man?

46 43 41 44 39

6. If she is married and does not want any more children?

43 42 40 45 41

7. If the woman wants it for any reason? * 36 37 43 40

Source: General Social Surveys. National Opinion Research Center.

*`This question was not asked prior to 1977. Each of the first four periods contain 5 polls, while the fifth period contains 3 polls. The order in which the questions were presented to respondents is altered above to reflect decreasing levels of approval.

8 It is evident that while a majority endorse legal abortion for physical reasons (woman’s health, rape, fetal defect), generally only a minority endorse it for social reasons (items 4-6 in Table 8). Note that a majority has never endorsed the prochoice position (item 7). If we were to ask those endorsing this last item whether they would maintain this position for second- and third-trimester abortions, their numbers would dwindle. Finally, a decrease in approval for each item is evident in the last time period (1998-2002).

The extent of disparity between Americans’ views of what abortion policy should be and Roe v. Wade’s policy is highlighted by several studies which indicate that over 90% of abortions are done primarily for social reasons, while fewer than 10% are done primarily for physical reasons (Overstreet 1970, Fujita and Wagner 1973, Steinhoff and Diamond 1977, Torres and Forrest 1988, Henshaw and van Vort 1992).

To Summarize: It is clear that a majority of Americans do not agree with the Supreme Court’s abortion policy. Ifa national referendum were held, the likely result would be a policy permitting abortion in the first trimester for physical reasons (life of mother, severe threat to mother’s health, rape, incest, and severe fetal deformity), and beyond the first trimester, only to save the life of the mother. Thus, 90% or more of current abortions would be illegal.

Americans Do Not Agree With a Strictly Prolife Position

While Americans do not agree with the Supreme Court, they do not agree with a strictly prolife position either. Polls indicate that a majority of the public does not support a Human Life Amendment to the Constitution, and is split down the middle, morally confused, or ambivalent on several other issues.

The Human Life Amendment. A major goal of the prolife movement is the passage of a Human Life Amendment (BLA) to the Constitution. From 1976, when the topic first came up, through January 2003, 11 major pollsters asked questions about aspects of various versions of the HLA on 97 occasions. On 62 occasions, the questions were similar enough that the responses could be combined. Over-the 62 items, an average of

32% supported a Human Life Amendment

60% rejected it, and 8% gave other answers.

On Key Issues, the Public is Split 50-50, Morally Confused, or Ambivalent. Is Abortion Murder? On 26 occasions from 1965 through January 2003,7 major

pollsters asked the American public if abortion was murder. Eighteen occasions presented similar up and down votes on this question.

On 13 of the 18 occasions, a majority or plurality said abortion was murder.

On average across the 18 polls, 48% thought abortion was murder, 42% did not, and 10% gave other answers.

9 On six occasions, the pollsters followed this question up by asking if abortion was

sometimes the best course in a bad situation. From 16% to 23% agreed, thus asserting that murder is sometimes the best course in a bad situation!

Is abortion morally wrong? Similarly, on 25 occasions 12 pollsters asked the public direct questions about whether or not abortion is morally wrong. Fifteen of these items were similar enough to combine the results.

On 12 of the 15 occasions either a majority or plurality agreed abortion is wrong.

On average, 52% thought it wrong, 39% did not, and 9% gave other answers. Three other items indicated that about 20% of the respondents thought that even though abortion was wrong, it should not be illegal.

Ambivalence. The public’s ambivalence on the abortion issue is demonstrated by the 2 sets of responses given in Table 9. These items also illustrate how the question asked can influence the answer received.

Table 9. Items Illustrating Ambivalence on the Abortion Issue

1. “Do you believe there should be an amendment to the Constitution protecting the life of the unborn child, or shouldn’t there be such an amendment?”

Should 50 Should not 39 No opinion 11

2. “Do you think there should be an amendment to the Constitution prohibiting abortions, or shouldn’t there be such an amendment?”

Should 29 Should not 62 No opinion 9

Both questions #1 and #2 were asked of the same respondents in the same poll.

Pollster: CBS News/New York Times Date: 8/80 N: 1769

3. “Unborn children should have the right to life.”

Agree 64 Disagree 21 Other 15

4. “Women should have the right to choose to have an abortion.”

Agree 67 Disagree 27 Other 6

Both questions #3 and #4 were asked of the same respondents in the same poll.

(We combined strongly agree/agree somewhat, etc. responses in questions #3 and #4).

Pollster: Voter/Consumer Research (not a major pollster as defined herein).

Date: 9/93 N: 1100

10 How Can Some Maintain that We Are a Prochoice Society?

If the majority of Americans can’t be neatly assigned to either the prochoice or the prolife

camp, how can some in the major media and prochoice advocates maintain that we are a prochoice society? A number of factors contribute to this incorrect characterization.

1. Public Accepts Prochoice Label, But Not Prochoice Policy. Prochoice rhetoric has carried the day in that more Americans accept the prochoice label

than the prolife label. From March 1992 (no questions of this type were found earlier) through 1998, 5 pollsters asked 14 questions inviting the public to identify themselves as prochoice or prolife.

On each of the 12 occasions where similar questions allowed us to combine results, either a majority or a plurality chose the prochoice label.

On average over the 12 polls,

50% said they were prochoice,

41% said they were prolife, and 9% gave other responses.

More recently, from March of 1999 through July 2003, 6 pollsters asked at least 25 self-identity questions. Twenty-three of the questions were similar enough to combine the results.

On average over the 23 polls,

48 % said they were prochoice,

43 % said they were prolife, and 9% gave other responses.

For the first time, 5 of the polls between 1999 and 2003 involved reversals, with more respondents saying they were pro-life than saying they were prochoice, although each of these instances was within sampling error (the difference was less than 3%).

However, as we may see in Table 10, accepting the prochoice label does not translate into acceptance of prochoice policy. (It is also probably true that acceptance of the prolife label does not signal acceptance of all prolife policies).

2. Media Generally Prochoice in Outlook, Project a Negative Image of Prolifers. Several studies (Connecticut Mutual Life 1981, Lichter and Rothman 1981, Licker et al,

1983, Rothman and Licker 1984, Los Angeles Times 1985, Shaw 1990) have demonstrated that the prochoice perspective tends to predominate among those in the entertainment and news media who are in excellent positions to communicate their ideas and opinions to the general public. For example, in 1990, after a comprehensive 18-month study of major newspapers, television broadcasts and news magazines, David Shaw found “scores of examples, large and small, that can only be characterized as unfair to the opponents of abortion, either in content, tone, choice of language or prominence of display” (Los Angeles Times, July 1, 1990, p. A48).

11 Table 10. Public Accepts Procholce Label, But Not Prochoice Policy

1. “On the issue of abortion. would you say you are more pro-life or more pro-choicer’ Prolife 41 Prochoice 49 Both/Mixed 5 Not sure 5

2. “If Scott Peterson is convicted of killing his pregnant wife Laci, do you think he should be charged with one count of homicide for murdering his wife or two counts of homicide for murdering both his wife and unborn son?”

One count 7 Two counts 84 Something else 1 Not sure 8

Both questions #1 and #2 were asked of respondents in the same poli. The prochoice answer to #2 would be “One count.” Pollster: Fox News/Opinion Dynamics Date: 4/03 N: 900

3. “The two main groups in the abortion debate are the so-called prolife group, which opposes abortion, and the so-called prochoice group, which supports women’s right to have an abortion. Which one of these groups do you tend to support?”

Prolife 40 Prochoice 53 Neither (vol.) 7 Not sure 1

4. “In general, do you favor permitting a woman who wants one to have an abortion in all circumstances, some circumstances, or no circumstances?” All 23 Some 58 No 17 Not sure 1

Both questions #3 and #4 were asked of respondents in the same poll. The prochoice answer to #4 would be “All.” Pollster: Louis Harris & Assoc. Date: 1/98 N: 1000

5. “With respect to the abortion issue, would you consider yourself to be prochoice or prolife?”

Prochoice 51 Prolife 40 Neither (vol.) 3 DK/NA 66. “If you could vote on this issue directly, would you vote for or against the following: a law which would make it illegal to perform a specific abortion procedure conducted in the last six months of pregnancy known as a partial birth abortion’, except in cases to save the life of the mother?”

For the law 59 Against the law 37 DK/NA 4

Both questions #5 and #6 were asked of respondents in the same poll. The prochoice answer to #6 would be “Against the law.” Pollster: The Gallup Organization Date: 11/97 N: 1003

7. “With respect to the abortion issue, would you consider yourself to be prochoice or prolife?”

Prochoice 49 Prolife 40 Neither 4 DK/NA 6

8. “Do you favor or oppose each of the following proposals. ... A law requiring women seeking abortions to wait 24 hours before having the procedure done.” Favor 74 Oppose 22 DK/NA 4

Both questions #7 and #8 were asked of respondents in the same poll. The prochoice answer to #8 would be “Oppose.” Pollster: The Gallup Organization Date: 7/96 N: 1008

12 3. Pollsters’ Questions Reflect a Prochoice Perspective.

Although in many areas of the abortion issue pollsters’ questions are both balanced and comprehensive, we can identify three areas where a prochoice perspective informs their work. We shall look at each of these areas in turn.

a. Parties’ Rights. The abortion issue involves a clash of rights between the pregnant woman and her “right to choose” (derived from her right to privacy), and the unborn individual and his/her “right to life.”

Major pollsters’ questions regarding rights have focused on the woman. We analyzed for content all questions from 1965 through January 2003 that explicitly coupled mentions of the woman or the unborn with the word “right(s),” and that asked for approval/disapproval of either the right itself, or of candidates, groups, laws or court rulings that supported/opposed these rightsFrom 1965 through January 2003, we found 70 items asking about the woman’s right to (choose) abortion, but none asking exclusively about the unborn’s right to life! (One item did come close to asking for approval/disapproval of both rights in the same question. Fox News asked “For you personally, is the core issue of the abortion debate a woman’s right to choose or a baby’s right to life?” Forty-nine percent responded “right to choose,” 40% “right to life” and 11% were not sure).

By asking questions about only one side of the rights issue, pollsters yield an incomplete and skewed picture of public opinion. This is demonstrated by questions #3 and #4 in Table 9 above. Obviously, when only one of these questions is asked, a majority consensus favoring the right of the party mentioned appears to exist.

b. The Abortion Situation. As we noted above, the Supreme Court’s policy has resulted in over 90% of abortions being performed for social reasons, and less than 10% for physical reasons. Furthermore, nine often studies indicate that fewer than 25% of women bring a physician into the abortion decision-making process (Jain 1977, Rosen 1977, Shaw et al. 1979, Friedlander at al 1984, Faria et al. 1985, Los Angeles Times 1989), with minors being even less likely than adult women to do so (Lewis 1980, Henshaw and Kost 1992, Resnick et al. 1994).

Any examination of the public’s opinion about the abortion situation should accurately reflect the legal status of abortion and the empirical consequences of the Supreme Court’s policy. However, we find that pollsters’ questions reflect a prochoice public relations perspective that emphasizes abortion’s legality in the first trimester for physical reasons, and presents abortion as a medical decision made by the woman and her doctor.

1) Legal abortion’s time frame. On 92 occasions from 1973 through January 2003, eight major pollsters described Roe v. Wade as permitting abortion during “the first

13 three months of pregnancy.” This description is incomplete and misleading, since it gives the uninformed respondent the impression that the Court did not legalize abortion beyond the first trimester, and limits the informed respondent’s answer to judging only part of the decision.

Responses to “the first three months” questions generally yield majorities in favor of the Court’s ruling as so described. However, such questions are invalid measures of the public’s opinion of Roe v. Wade. Asking the “first three months” question is like showing someone who is not familiar with the Empire State Building a picture only of its first 34 floors (one-third of its 102 floors), and asserting that their response reflects their judgment of the whole building.

2) Indications for abortion. Major pollsters’ questions also tend to reflect a prochoice construction of reality when dealing with indications for abortion. From 1965 though January 2003, ten pollsters presented the public with lists of indications or reasons for abortion on 53 occasions.

19 of the lists had more physical than social indications,

28 of the lists had an equal number of physical and social indications, but only

6 of the lists had more social than physical indications.

These lists suggest that most Americans approve of abortion for most reasons (presented), and do not adequately reflect the current reality of the abortion situation in the United States. As the Torres and Forrest (1988) study of women seeking abortion in 30 clinics across the country shows, social reasons far outweigh physical reasons in number and significance as the primary reasons leading to abortion. If this reality were reflected in pollsters’ lists, a different picture of the extent of public approval of the current situation would emerge.

3) Physician’s involvement. Pollsters also tend to present the abortion decision-making process as involving a physician. Examining the 69 questions that 9 pollsters framed from 1965 through January 2003, we find that

65% indicated a doctor is involved in the decision, while

35% mentioned only the woman.

Yet, nine often studies cited above show that fewer than 25% of women bring a doctor into the decision-making process. Both Blake (1973) and Cook et al. (1993) note that mentioning the doctor tends to increase the prochoice response, since it implies medical indications, which most Americans approve as justifications for abortion (see Table 8).

In summary, when dealing with the abortion situation, the majority of questions asked by major pollsters fail to reflect these facts: that abortion is legal throughout the pregnancy, that over 90% are done primarily for social reasons, and that the vast majority of women do not involve a doctor when making their abortion decision. If questions reflected these realities more often, the answers would show less public support for the present situation.

14 c. Abortion Politics and Policy. The abortion controversy has occupied political and

policy debate in our nation for over 30 years. During this time both prolife and prochoice presidents have served in office, and the Supreme Court has rendered decisions favorable to both sides in the controversy.

If a neutral perspective guided pollsters’ questions, we would expect a similar number of balanced questions to be asked about prolife and prochoice persons, organizations, events and policies. In many instances, pollsters did this by asking parallel questions of the following type: “Please tell me whether you think George Bush or Bill Clinton would do a better job of handling each of the following issues and problems.... abortion” (The Gallup Organization 3/22/92).

However, analyzing the content of non-parallel political/policy questions, we find the pollsters reflect a prochoice perspective, subjecting prolife persons, policies, and organizations to closer scrutiny. In the political struggle over abortion, such scrutiny might be considered intelligence-gathering designed to assist those interested in moving public opinion in a prochoice direction. We shall examine examples of this closer scrutiny in six areas.

1) Voting impact of candidates’ positions. Pollsters are more likely to question the public about the impact of prolife candidates’ positions on their vote than they are to question the impact of prochoice candidates’ positions. For example, of the 13 unbalanced questions asked by 4 pollsters in the 1992 presidential campaign,

9 focused on the impact of abortion on Bush’s candidacy,

2 focused on Clinton’s candidacy, and

2 focused on Perot’s candidacy.

More recently, in the Bush-Gore presidential race in 2000, although pollsters asked balanced questions on 38 occasions, 9 of them asked 11 unbalanced questions, all focusing on Bush. (Seven of the 11 Bush questions sought to determine what impact his choosing a prochoice running mate might have on his candidacy).

2) Policy initiatives. Pollsters were also more likely to ask the public about abortion policy during the senior George Bush’s first two years in office than they were during Clinton’s first two years. This was true despite the fact that Clinton was more active on the abortion issue, as revealed by a computer search of Newspaper Abstracts for the New York Times and the Washington Post.

According to these newspapers, George Bush and his administration were involved in 8 official actions that could be interpreted as favoring the prolife cause. Bill Clinton and his administration were involved in 13 actions that could be interpreted as favoring the prochoice cause.

15 In spite of the Clinton Administration’s greater activity on the abortion issue, the pollsters

queried the public about abortion policy over twice as much during Bush’s first two years (54 times) as they did during Clinton’s first two years (25 times).

3) Legislative initiatives. The pollsters were also more likely to seek the public’s opinion on major prolife legislative initiatives than they were on major pro-choice legislative initiatives (see Table 11).

Table 11. Number of Questions Asked Regarding Legislative Initiatives

Questions Asked Years Prolife Initiatives Human Life Amendment 97 1976 - Jan. ‘03 Limit use of tax funds for abortion 40 1977 - Jan. ‘03 Prochoice Initiatives Freedom of Choice Act 1 1991 Freedom of Access to Clinic Entrances Act 1 1992

While it is true that the HLA and tax initiatives such as the Hyde Amendment have longer legislative histories than FOCA or FACE, the 137-to-2 question “score appears to be more reflective of the general pattern we are discussing than it does of the passage of time.

4) Party platforms. During the 1996 presidential campaign, 7 pollsters asked 14 items about the prolife plank in the Republican Party Platform, but none asked about the prochoice plank in the Democratic Party Platform.

5) Court decisions. The pollsters were also more likely to ask the public to render judgments about major U. S. Supreme Court decisions favoring prolife proponent. (124 items) than they were to solicit judgments (no items) about decisions favoring prochoice proponents (see Table 12).

This pattern suggests a prochoice perspective on the part of the pollsters, who apparently don’t care what the public thinks about prochoice victories, since they are victories, but are eager to find public disagreement with prolife victories.

This prochoice perspective is epitomized in the pollsters’ treatment of the Court’s Casey decision, which had some provisions favorable to both sides. Three pollsters posed 7 questions that asked for a judgment about the decision. All 7 dealt with outcomes favorable to prolifers.

The legally more significant prochoice outcomes of Casey were ignored. These included the Court’s rejection of Roe v. Wade 's “rigid trimester framework,” the

16 underscoring of viability as the time before which abortion could not be prohibited, and the reaffirmation of Roe v. Wade’s post-viability ruling (Casey, pp. 715-716). The three provisions ignored by the pollsters all referred to the fact that abortion is legal beyond the first trimester, a fact that they seem reluctant to admit.

Table 12. Number of Questions Asked Concerning Abortion-Related Supreme Court Decisions by Predominant Outcome, 1989-2000

Decision Outcome Main Provisions (N) Webster, 1989 Prolife Permits states to regulate abortion 72Rust, 1991 Prolife Federal government may ban abortion

counseling, referral in Title X clinics 52

Bray, 1993 Prolife Clinics had no cause for action against pro-life demonstrators under law cited

0

Thornburgh, 1986 Prochoice Pennsylvania abortion regulations unconstitutional

0

Scheidler, 1994 Prochoice Permits the Racketeer Influenced and Corrupt Organization chapter of the Organized Crime Control Act of 1970 to be used against prolife demonstrators

0

Madsen, 1994 Prochoice 36-foot buffer zone around abortion clinic property line constitutional; 300-foot zone unconstitutional

0

Sternberg, 2000 Prochoice Nebraska’s ban on partial-birth abortion unconstitutional

0

Note: Three other decisions during the study period had more mixed outcomes. They are Hodgson (1990) and Ohio (1990), decided the same day, and Casey (1992). Some 34 questions were generated by these decisions.

6) Organizations’ tactics and procedures. Understandably, pollsters have been interested in measuring the public’s reaction to dramatic prolife activities like clinic blockades, sit-ins, pickets, and the criminal behavior of the misguided few who engage

17 in arson, bombing, and murder. From 1985 though January ‘03,7 major pollsters asked 30 questions about these activities.

Pollsters are much less interested in the procedures and activities of those with prochoice sentiments, however. Thus, we find no questions to gauge the public’s reaction to such things as police brutality against prolife demonstrators (Richardson 1989), the dumping of fetal remains, the maiming of viable individuals in failed abortion attempts, or the sexual assault of patients by their abortionists.

Four items were found asking about clinic regulation, although the scope of this problem and the danger unregulated clinics pose to women’s health and safety (Crutcher 1996) would appear to warrant more. For example, the Centers for Disease Control (1999) report that in the first 26 years under Roe v. Wade (1973-1998)318 women died as the result of legal abortions.To summarize this section, our review indicates that major pollsters fail to provide balanced and comprehensive coverage of certain key aspects of the abortion issue. In asking the public about abortion rights, in describing the legal and empirical realities of the abortion situation, and in seeking the public’s reaction to abortion politics and policy, their work generally reflects a prochoice perspective.

The Public Supports Several Prolife Policies

Partial Birth Abortion. Public opinion has swung in a more prolife direction on a number of topics since 1996. This coincides with the debate over partial birth abortion, of which the public disapproves.

Of 37 questions asked by 8 major pollsters between April 1996 and January2003, 19 were straightforward votes for or against a ban on partial birth abortion, An average of 62% favored a ban, 32% were against it, and 6% gave other answers.

Tax Funding of Abortion. The vast majority of polls indicate the public does not want to use tax dollars to ftind abortion, whether through a national health care plan, Medicaid, or other welfare dollars.

Seven major pollsters asked 11 questions calling for an up or down vote on fimding abortion under a national health care plan during 1993-1994. Of these 11 items, 10 had a majority or plurality opposing such funding, with an average of 56% opposed. An average of 36% thought the plan should pay for abortions, and 8% gave other responses.

From July 1977, when funding questioxas began to be asked, through January 2003, 10 major pollsters asked 36 straightforward questions about paying for abortion with

18 Medicaid or welfare funds. Twenty-four or 69% of these items yielded a majority or plurality opposed to such funding, with an average of 55% opposed, 38% in favor, and 7% giving other answers.

When the Los Angeles Times asked, “who ought to pay the expense of an abortion?” (3/10/89) and listed 9 alternatives,

69% thought either the mother or the father, or both together ought to pay,

10% thought medical insurance ought to pay, and only

4% chose “the government.” Seven percent chose other answers and 11% were “not sure.”

Abortion Regulation. The public generally supports a variety of prolife proposals regarding women’s right-to-know laws, parental consent and notification for minors’ abortions, viability testing, and the exemption of public medical personnel, facilities and funds from having to provide abortion. Table 13 gives an overview of these results.

Table 13. Public Approval of Prolife Legislative Initiatives

Average Percent Who RespondLegislation Requiring N of Polls N of Pollsters

Time SpanApprove Oppose Other

Informational Counseling 6 3 7/89-1/03 85 13 324-Hour Waiting Period 8 6 12/89-1/03 74 22 5Parental Consent for Minors 19 8 3/89-1/03 72 24 4Parental Notification 8 7 7/89-3/92 77 20 4Husband/Father Notification 9 5 7/89-1/03 67 30 4Viability Testing 9 6 7/89-1/98 55 32 13

RU-486: Mixed Results. From 1989 though January 2003, 7 major pollsters asked 13 questions regarding the abortifacient pill, RU-486. On seven occasions, the polls yielded results favorable to the prochoice movement with an average of 52% for the pill, 37% against it, and 11% giving other answers. On six occasions, the results favored the prolife movement, with an average of 48% against the pill, 40% for it, and 12% giving other answers.

19 Polls That Definitely Count: Elections

Although not numerous enough to determine the outcome of every election, committed

prolife voters can and do swing close elections. Contrary to the impression sometimes given by mainsteam media, abortion is an issue that determines votes (Cook et al. 1994, Abramowitz 1995, Brady and Schwartz 1995, Adams 1997), in some cases even outweighing economic issues (Cook et al. 1994, Abramowitz 1995).

Moreover, recent analyses have determined that being prolife generally gives a candidate an advantage over an opponent among voters for whom abortion is a salient issue. This fact is illustrated by post-election polls taken after all presidential elections from 1980 through 2000, as we may see in Table 14. The one exception to this pattern is the 1980 Carter-Reagan race, where the public was least knowledgeable about the candidates’ abortion positions. The prolife advantage is demonstrated by at least 19 other post-election polls covering U.S. Senate races, governorships, and other offices.

Table 14. Presidential Election Exit Polls: Voters Who Think Abortion Is Important Issue

Year Pollster Percent Saying Abortion

Important Vote Split Among Voters For Whom Abortion is Salient

1980 CBS News/NY Times 7 Reagan 38 Carter 50 1984 CBS News/NY Times 7 Reagan 71 Mondale 28 1988 Los Angeles Times 20 Bush 65 Dukakis 33 1992 Voter Research/Survey 12 Bush 55 Clinton 36 1996 Los Angeles Times 9 Dole 60 Clinton 34 2000 Los Angeles Times 14 Bush 58 Gore 41

Source: For 1980-1992 data, Karlyn Bowman (1995). For 1996 and 2000, Los Angeles Times exit polls as reported in the media.

Finally, although some may consider single-issue voting a negative influence on American politics, it is by no means confined to the abortion issue. On 7 occasions between September 1980 and June 1998, three of the major pollsters asked questions

20 similar to that posed by CBS News: “Thinking about different issues, is there any issue that you feel so strongly about that you would not vote for a political candidate who disagreed with your opinion on the issue, regardless of the candidate’s position on other issues?” (10/1/96). Across the 7 polls, the public identified from 4 to 50 issues about which 18% to 52% were willing to be single issue voters.

CONCLUSION

Our review of abortion polls indicates that a majority of Americans endorse neither the prolife nor the prochoice platforms. Ladd and Bowman (1997) reach the same conclusion. However, the public favors changing policy in a more prolife direction.

On 10 occasions between November 1991 and January 2003, CBS/New York Times polls asked the following question (average responses given after each choice)

“Which of these comes closest to your view — abortion should

be generally available to those who want it (34%)

be available, but under stricter limits than it is now (41%)

not be permitted (23%);” Other responses (2%)

Thus, adding the second and third responses together indicates 64% of the public wants our policy to change in a more prolife direction. This is also suggested by other recent polls, although the responses may differ if different questions are asked (see Table 15).

Table 15. Public Generally Favors Change in Current Abortion Policy 1. “As you know, the 1973 Roe v. Wade Supreme Court decision legalized abortion for

any reason, even as a method of birth control. Do you agree with that decision or do you think it should be changed? Should be changed 52 Agree with decision 45 Other 4

Pollster: Worthlin Worldwide (not submitted to Roper center) Date: 12/16/02 N: 1001

2. “In your view, is it too easy for women today to get an abortion?”

Yes, too easy 60 No, not too easy 31 Not sure 9

Pollster: Time/CNN/Harris Interactive Date: 1/16/03 N: 1010

3. “Do you favor or oppose passing laws maldng it more difficult for women to have abortions?”

Favor 50 Oppose 44 Not sure 6

Pollster: Time/CNN/Harris Interactive Date: 1/16/03 N: 1010

4. “Would you like to see the government and the courts make it harder to get an abortion than it is now, make it easier to get an abortion than it is now, or leave the ability to get an abortion the same as it is now?”

Harder 42 Easier 15 Same 41 No opinion 2

Pollster: ABC News/Washington Post Date: 1/20/03 N: 1133

21 I also believe the prospects for change in our current policy are good. Roe v. Wade ‘s

days are numbered, or should be, for the following reasons.*

1. Roe v. Wade is a House Built on Sand. a. Both Roe v. Wade and Doe v. Bolton are based on deception,

b. Roe v. Wade is characterized by poor logic, poor history, poor social science, and poor jurisprudence, as both prolife and prochoice lawyers acknowledge.

c. Dissenting justice Byron White stated: “1 find nothing in the language or history of the Constitution to support the Court’s judgment.”

2. The Prochoice Movement is Based on Myths. a. They claim there were one to two million annual abortions in the U.S. prior to Roe v.

Wade, but the actual number was closer to 98,000-125,000 (McKnight 1992).

b. They claim that thousands of women died in the U.S. from illegal abortions each year, but the National Center for Health Statistics reported 159 such deaths in 1966, the last year before abortion laws began to be changed, and 41 such deaths in 1972, the year before Roe v. Wade legalized abortion on demand throughout the country.

c. They claim that thousands of women will die from illegal abortions if abortion is outlawed in the U.S., but data from Poland, which did outlaw most abortions, indicate women, unborn and born children fare better where abortion is illegal. (J.C. Willke, “Clear Evidence: If Forbidden, Abortion Will Not Return to the Back Alley,” Life Issues Connector (April, 2000) Cincinnati, OH: Life Issues Institute.d. They claim that abortion is safe for women, and good for their “reproductive health,” but medical research shows that abortion harms women (see Appendix C).

3. A Majority of the Public Has Never Supported the Policies Flowing from Roe v. Wade, as the foregoing paper has demonstrated.

Once the American public becomes more aware of the above facts, they will be even more willing to see a change in our current policy. Thus, Roe v. Wade’s days are numbered, or should be. They should be, but may not be.Past experience has shown that, in Justice White’s words, “normal rules of law, procedure, and constitutional adjudication suddenly become irrelevant solely because a case touches on the subject of abortion.” Thus, only a prolife majority on the Court ‘will overturn Roe v. Wade (or apply it to protect women’s health, thereby outlawing abortion). Such a majority depends on awakening the public as to how we arrived at abortion on demand, and how many unhappy consequences have resulted from it.

This is where you and I come in. It is up to us to become more informed about the abortion issue, to inform others, and to become politically active. As philosopher Edmund Burke has said, “All that is necessary for evil to triumph is for good people to do nothing.”

_______________

* For a more complete discussion of these points, see Raymond J. Adamek, “Roe’s Days Are Numbered,” The Human Life Review 27:4 (Fall, 2001) 69-78.

22 REFERENCES

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Americans United for Life. 1991. “Abortion and Moral Beliefs,” (questionnaire and detailed tabulations). Poll conducted by The Gallup Organization, Princeton, NJ.

Blake, Judith. 1973. “Elective Abortion and Our Reluctant Citizenry:’ Pp. 447-67 in H. Osofsky and J. D. Osofsky (eds.) The Abortion Experience Hagerstown, MD: Harper and Row.

__________ 1977. “The Supreme Court’s Abortion Decisions and Public Opinion in the United States,” Population and Development Review 1 and 2:45-62.

Bowman, Karlyn. 1995. “Attitudes About Abortion,” (January) 6 pp. Washington, D.C.: American Enterprise Institute for Public Policy Research.

Bracken, Michael B., Lorraine V. Kierman, and Maryann Bracken. 1978. “Abortion. Adoption, or Motherhood: An Empirical Study of Decision-making during Pregnancy:’ American Journal of Obstetrics and Gynecology 130:251-62.

Brady, David and Edward P. Schwartz. 1995. “Ideology and Interests in Congressional Voting: The Politics of Abortion in the U.S. Senate,” Public Choice 84:25-48.

Centers for Disease Control. 1997. “Abortion Surveillance — United States, 1993 and 1994,” in MMWR (August 8) Vol. 46, No. SS-4, p. 96.

Combs, Michael W. and Susan Welch. 1982. “Blacks, Whites and Attitudes Toward Abortion,” Public Opinion Quarterly 46:510-20.

Connecticut Mutual Life Insurance Company. 1981. The Connecticut Mutual Life Report on American Values in the 80's: The Impact of Belief Hartford, CT.

Cook, Elizabeth Adell, Ted G. Jelen, and Clyde Wilcox. 1992. Between Two Absolutes Boulder, CO: Westview Press.

__________ 1993. “Measuring Public Attitudes on Abortion: Methodological and Substantive Considerations,” Family Planning Perspectives 25:118-21,145.

__________ 1994. “Issue Voting in Gubernatorial Elections: Abortion and Post-Webster Politics,” The Journal of Politics 56:187-99.

Crutcher, Mark. 1996. Lime 5 Denton, TX: Life Dynamics, Inc.

23 Faria, Geraldine, Elwin Barrett, and Linnea M. Goodman. 1985. “Women and Abortion:

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Forsythe, Clarke D. 1999. “Abortion is Not a ‘Necessary Evil’,” Christianity Today (May 24) 63-64.

Friedlander, Myrna L., Theodore J. Kaul, and Carolyn A. Stimel. 1984. “Abortion: Predicting the Complexity of the Decision-making Process,” Women and Health 9:43-54.

Fujita, Byron N. and Nathaniel N. Wagner. 1973. “Referendum 20 — Abortion Reform in Washington State,” pp. 232-60 in H. Osofsky and ].D. Osofsky (eds.) The Abortion Experience. Hagerstown, MD: Harper and Row.

Gallup Organization. 2001. “Majority of Americans Say Roe v. Wade Decision Should Stand,” Poll Releases, www.Gallup.com (January 22), p. 4.

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Granberg, Donald and Donald Denny. 1982. “The Coathanger and the Rose,” Transaction/Society 19(4) 39-46.

Granberg, Donald and Beth Wellman Granberg. 1980. “Abortion Attitudes, 1965-1980: Trend and Determinants,” Family Planning Perspectives 12:250-261.

__________1985. “Social Bases of Support and Opposition to Legalized Abortion,” Pp. 19?-204 in Paul Sachdev (ed.), Perspectives on Abortion. Metuchen, NJ: Scarecrow Press.

Henshaw, Stanley K., and Kathryn Kost. 1992. “Parental Involvement in Minors’ Abortion Decisions,” Family Planning Perspectives 24:196-207, 213.

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Jain, A. K. 1977. “Single Service Organizations: A Comparative Study of Twelve Abortion Clinics in Ohio.” Ph.D. dissertation, Case Western Reserve University. School of Appli Social Services. Cleveland OH.

Ladd, Everett Carll and Karlyn H. Bowman. 1997. Public Opinion About Abortion. Washington D.C.: The AEI Press.

Lewis, Catherine C. 1980. “A Comparison of Minors’ and Adults’ Pregnancy Decisions,” American Journal of Orthopsychiatry 50:446-53.

Lichter, Linda S., S. Robert Lichter and Stanley Rothman. 1983. “Hollywood and America: The Odd Couple,” Public Opinion (December/January) 54-58.

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Los Angeles Times. 1985. Poll #94, Los Angeles, CA.

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24 McKnight, Cynthia. 1992. Life Without Roe. Washington, D.C.: The Horatio R. Storer

Foundation.

Moore, David W. 1992. The Superpollsters. New York: Pour Walls, Eight Windows.

Myers, Nancy. 1993a. “Hitting a New Low in Bias,” National Right to Life News (March 30) 4,8.

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Nathanson. Bernard N. with Richard N. Ostling. 1979. Aborting America. New York: Pinnacle Books.

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O’Steen, David W. 1999. “By the Numbers: Abortion Polls and Statistics.” Presentation at the Annual Meeting of the National Right to Life Committee, (June) Milwaukee WI.

Overstreet, Edmund W. 1970. “Experience with the New California Law,” Pp 137 42 in Robe: E. Hall (ed.) Abortion in a Changing World. New York: Columbia U Press.

Resnick, Michael D., Linda H. Bearinger, Patricia Stark and Robert W. Blum. 1994 Patterns of Consultation Among Adolescent Minors Obtaining Abortion,” American Journal of Orthopsychiatry 64:310-316.

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Scott, Jacqueline. “Conflicting Beliefs About Abortion: Legal Approval and Moral Doubts,” Social Psychology Quarterly 52:319-26.

Shaw, David. 1990. “Abortion and the Media,” Los Angeles Times (July 1-4). Shaw, Paul C., Charles Funderburk and Billy]. Franklin. 1979. “An Investigation of the Abortion Decision Process,” Psychology, a Quarterly Journal of Human Behavior 16(2) 11-19.

Steinhoff, Patricia G. and Milton Diamond. 1977. Abortion Politics. Honolulu: U. of Hawaii Press. Strickler, Jennifer and Nicholas Danigelis, 1999. “Changing Frameworks in Attitudes toward Abortion.” Paper presented at the Annual Meeting of the American Sociological Association (August) Chicago, IL.

25 Sweeney, Kathleen. 1999. “The Protestant Churches on Abortion: Complex, Contradictory, and

Challenging,” National Right to Life News (January 22) II, 16-17.

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26 Appendix A

THE UNITED STATES SUPREME COURT ON ABORTION

The United States Supreme Court’s main decisions on abortion were the Roe v. Wade decision and its companion, Doe v. Bolton, both promulgated on January 22, 1973. These decisions permit abortion for virtually any reason throughout the nine months of pregnancy. This is clear from the following quotes in the summary of the decisions themselves. All of the quotes below come from the journal, United States Supreme Goart Reports. The numbers and letters given after the name of the decision refer to the specific edition of the journal, which may be read in any major public or university library.

ROE v. WADE 35 L Ed 2d 147

“(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 judgment 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 judgment, for the preservation of the life or health of the mother.”

DOE v. BOLTON 35 L Ed 2d 201

“We agree with the District Court, 319 F Supp, at 1058, that the medical judgment may be exercised in the fight of all factors—physical, emotional, psychological, familial, and the woman’s age—relevant to the well-being of the patient. All these factors may relate to health.”

Comment: Note that in Roe v. Wade the Supreme Court said the state(s) may proscribe (forbid) abortion in the third trimester. It did not say must proscribe. Hence, as far as the Court is concerned, no state need do so. Furthermore, even proscribing abortion in the third trimester is not allowed if the abortion is necessary “for the preservation of the life or health of the mother.” Health is defined so broadly in Doe v. Bolton that abortion is available for virtually any reason, even in the third trimester, since it is the woman seeking the abortion and the abortionist who decide whether the pregnancy adversely affects her health. This is why pro-choice groups always seek a “health” exception in any legislation put forth by pro-life groups, and Why pro-life groups oppose such exceptions.

27 In its 1992 Planned Parenthood v. Casey decision, the Court made it clear that no state or other governmental unit in the U.S. may prohibit abortion prior to vialibity. Moreover, it reaffirmed Roe v. Wade’s third trimester ruling. The Court said:

PLANNED PARENTHOOD V. CASEY 120 L Ed 2d 674

pp. 715-716, “We reject the rigid trimester framework of Roe v. Wade,”

p. 716, “... a state may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.”

p. 716, “We also reaffirm Roe’s holding that ‘subsequent to viability, the State may, if it chooses, regulate, and even proscribe abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.”

Comment: Again, given the broad definition of health, it is virtually impossible to legally outlaw abortion at any stage of pregnancy. A study of abortion polls over more than 30 years demonstrates that a majority of the American public has never approved of this policy.* The only time that a majority of the public appears to agree with the Court is when the pollsters misleadingly describe the Court’s decision as “permitting abortion in the first three months of pregnancy,” and stop there, as though it did not also permit abortion beyond the first trimester,

* See Raymond J. Adamek, “Thirty-Plus Years of Abortion Polls: What Have We Learned?,” Ad Hoc Committee in Defense of Life, 215 Lexington Ave. 4th Floor, New York, NY 10016, 2002 (44 pp.)

28 Appendix B

WHO SHOULD DECIDE?

“Who should decide, the woman or the government?” the pro-choicers ask. They forget that in a representative democracy such as ours, we, through our elected officials, are the government. The laws of the land are simply the rules we make to try to live together in peace and justice.

We all ought to decide the rules by which we live together (or in the case of abortion, by which we kill each other). Yes, abortion is a personal, individual matter. Ultimately, almost everything in life is. But abortion is inherently a social matter too, with far-reaching social consequences. The 1.3 million annual individual abortion decisions affect us all, whether male or female, young or old.

The pro-abortion ethic (or the pro-life ethic) influences our legal, political, judicial, educational, economic, insurance, tax, familial, and even our religious institutions. All of us, therefore, ought to be able to have a say in deciding which ethic we want to influence these institutions the most, and which ethic we as a society wish to promote.

Pro-lifers and pro-choicers do agree on one thing — there are many serious personal and social problems in the world. The question is, in attempting to solve these problems, should we promote a policy which allows some humans to kill other (unborn) humans, or should we promote a policy which seeks to solve problems only through means that respect the right to life of all?

WHY PRO-CHOICE IS REALLY PRO-ABORTION

No one is really for “choice” in general in the abortion debate. We all want some choices to be legally available, and others to be illegal. As the table below shows, both pro-lifers and pro-choicers wish to permit some choices and to forbid other choices.

Attitudes of Pro-Lifers and Pro-Choicers Toward Possible Pregnancy Choices

Possible Choices in Pregnancy Pro-Life Pro-Choice Carry baby to term, ralse Permit Permit Carry to term, adopt baby out Permit Permit Carry baby to term, kill after birth Forbid Forbid Counsel woman to commit suicide Forbid Forbid Kill unborn child in the womb Forbid Permit

Hence, both pro-lifers and pro-choicers are “pro-choice” and “anti-choice” depending on the choice. In fact, the only choice the two disagree on is whether to legally permit killing the unborn, Pro-lifers wish to forbid this choice, while pro-choicers wish to permit it. Pro-choicers are not simply for “choice,” but for a specific choice -- the choice of abortion -- being kept legal. It is the only choice under contention in the abortion debate. Hence, to be pro-choice in this debate is to be pro-abortion.

29 COMPLETE THE SLOGAN

Pro-abortionists have a number of clever slogans that seem to beguile many and lead

them to believe that being “pro-choice’ is the American way. One only has to stop and look a little beyond the slogans to realize that they are never stated with the complete thought behind them. When they are completed, their message is anything but attractive.

Consider these “pro-choice” slogans (and what they really mean when completed).

Freedom to choose (to kill another human being).

Every child a wanted child (and if not wanted, killed by abortion).

Every woman has a right to control her own body (and to destroy her unborn child's body).

Don’t force your morality on me (let me force my morality on my unborn child by aborting it and on the general public by requiring that taxes, insurance premiums, and even charity dollars go to support abortion).

Keep your laws off body (and let me impose my laws fatally on the bodies of the unborn).

Get Government Out of the Issue? "We hold these truths to be self evident, that all men are created equal, that they are

endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted....”

The Declaration of Independence

"The care of human life and happiness and not their destruction is the first and only legitimate object of good government.”

Thomas Jefferson

Right to Choose — What?

• Fetus is the Latin word for “young one” or “unborn child — that is the definition of the word.

• Once a woman is pregnant, she already has a child; the choice is what to do with It, Although the word "choice" sounds so positive and good, the choice in this Issue Is: whether to have a live child or a dead child.

30 Appendix C

LEGAL ABORTION HARMS WOMEN

During the 31 years since Roe v. Wade and subsequent Supreme Court decisions have given us a policy of abortion on demand throughout the nine months of pregnancy, evidence has been accumulating that legal abortion not only kills unborn human beings, but also harms women. The following is a brief review of some of this evidence.

Maternal Deaths. The U.S. Centers for Disease Control (CDC) report that 318 women died from legal

abortions between 1973-1998.(1) Kevin Sherlock, an investigative reporter who examined newspaper articles and public records in county courthouses, coroners’ offices and morgues, found there were 30% to 40% more abortion-related maternal deaths during 1980-1989 than CDC figures indicated. Sherlock also indicated that the Health Commissioner of New York City stated he had nationwide data indicating there were 176 abortion-related maternal deaths during 1981-1984, 419% higher than CDC figures for those years.(2) Mark Crutcher verified 23 deaths from induced abortion in 1992-1993 that were reported to state agencies. Only two of these deaths were listed by the CDC.(3)

Physical Health. Maternal Injuries and Complications, Mark Crutcher documents 23 different injuries or

complications (perforated uterus, bowel/intestine extraction, brain damage, etc.) suffered by 233 women having a legal abortion.(4) Fifty-three percent of these resulted in death, and many caused permanent injury (sterility, colostomy, permanent vegetative state, etc.). These cases are just the tip of the iceberg, as abortionists often do not report them, women having abortions are reluctant to sue, and the generally pro-choice media are unlikely to investigate or report abortion malpractice.

Breast Cancer. Twenty-nine of 38 worldwide studies show a link between abortion and an increased incidence of breast cancer.(5) For a review of some of these studies, see Joel Brind et al.(6)

Ectopic Pregnancies. (These implant in the Fallopian tubes, rather than the womb). From 1970-1989, ectopic pregnancies in the U.S. increased almost fourfold, coinciding with the increase in legal abortions. Ectopic pregnancies were associated with 13% of all pregnancy-related maternal deaths during this period.(7)

Future Pregnancies. At least 49 studies indicate that abortion increases the risk of prematurity and low birth weight in subsequent births.(8) Prematurity is associated with increased infant deaths and greater incidence of diseases and disabilities affecting children. such as cerebral palsy.(9)

Mental Health. Post-Abortion Syndrome. Post-Abortion Syndrome (PAS) is characterized by frequent

flashbacks to the abortion experience, anxiety attacks on the abortion anniversary, difficulty relating to children, and depression. Although short term follow-up studies of abortion tend to

31 find women are relieved, longer term studies suggest depression and other psychological problems occur.(10)

Suicide. The government of Finland examined the health records and death certificates of 9,192 women aged 15-49 who died between 1987-1994. Using a base number of 1.00 for women of the same age who were not pregnant during this time, they found these suicide rates: women giving birth 0.6, women having a miscarriage 1.9, women aborting 3.7. David C. Reardon studied the MediCal records of over 173,000 California women who gave birth or aborted in 1989. Women who had state-funded abortions were 2.54 times more likely to die of suicide than Medical women who gave birth.(l 1)

Psychological Problems. Using the same MediCal data base, and comparing 14,297 women who aborted to 40,122 women who gave birth while controlling for preexisting psychological history, Priscilla K. Coleman et al. found that rates of first-time outpatient mental health treatment for 4 years following abortion or birth were 17% higher for the abortion group. These authors cite three other large scale studies which find a higher incidence of psychological treatment among women who abort.(12)

Substance Abuse, At least 15 studies show a correlation between abortion and substance abuse. Reardon and Ney found women who aborted were 5 times more likely to report subsequent substance abuse than women who gave birth, and 4 times more likely than those having miscarriages.(1 3)

Conclusion. In evaluating the above studies, we should keep in mind the difference between

establishing a correlatlon between variables and establishing a causal connection between them. Nevertheless, to call legal abortion “safe” for women (compared to childbirth) is open to serious question.

References

1. Laurie D. Elam-Evans, et al. “Abortion Surveillance - United States. 1999,” MMWR Surveillance Summaries, (November 29, 2002) 51 (5509):1-29. (On line).

2. Kevin Sherlock, Victims of Choice, Akron. OH: Brennyman Books, 1996.

3. Jane Chastain, “Anthrax, Abortion and Other Abominations,” The Life Activist, (November 2001):3-4, Denton TX: Life Dynamics, Inc.

4. Mark Crutcher. Lime 5, Denton, TX: Life Dynamics, Inc., 1996.

5. Coalition on Abortion/Breast Cancer, www.Aborth~nBreastCancer.com. This source lists all of these studies. See also Karen Malec, “The Abortion-Breast Cancer Link: How Politics Trumped Science and Informed Consent,” Journal of American Physicians and Surgeons, 8:2 (Summer 2003):41 -45.

6. Joel Bind, et al. “Abortion as an Independent Risk Factor for Breast Cancer: A Comprehensive Review and Meta-Analysis,” Journal of Epidemiology and Community Health, 50:5 (1996):481-496.

7. Tatiana E. Goldner, et al. “Surveillance for Ectopic Pregnancy — United States 1970-1989.”

32 MMWR Vol. 42, No. SS-6, 12/17/93.

8. For a list of the studies, see www.vcn.bc.ca/~whatsup/APB-Major.html.

9. Brent Rooney and Byron C. Calhoun. “Induced Abortion and Risk of Later Premature Births.” Journal ofAmerican Physicians and Surgeons, 8:2 (Summer, 2003):46-49.

10. Anne C. Speckhard and Vincent M. Rue. “Post-abortion Syndrome: An Emerging Public Health Concern.” Journal of Social Issues, 48:3 (1992):95-l 19.

11. David C. Reardon, et al. “Deaths Associated with Pregnancy Outcome: A Record Linkage Study of Low Income Women,” Southern Medical Journal, 95:8 (August 2002):834-841.

12. Priscilla K. Coleman, et at, “State-Funded Abortions Versus Deliveries: A Comparison of Outpatient Health Claims over 4 Years,” American Journal of Orthopsychiatry, 72:1 (2002):141-152

13. David C. Reardon and Philip G. Ney. “Abortion and Subsequent Substance Abuse,” American Journal of Drug and Alcohol Abuse, 26:1 (2000):61 -75.

For a more comprehensive review of the medical literature on the dangers of legal abortion, see

Elizabeth Ring-Cassidy and Ian Gentles, Women’s Health after Abortion, Toronto: deVeber institute for Bioethics and Social Research, 2002, and Thomas W. Strahan (ed.), Derimental Effects of Abortion, Springfield, IL: Acorn Books, 2001. 2/7/04