Wikipedia

Abortion in New Hampshire

Abortion in New Hampshire is legal up to the 24th week of pregnancy as of January 1, 2022, when a new law went into effect.[1] Prior to this, the gestational limit was unclear. Abortion was criminalized in the state by 1900. In June 2003, the state passed a parental notification law, repealing it four years later before passing a new one in 2011. New Hampshire then passed a law in 2012 which required minors to wait 48 hours after requesting an abortion but no longer required parental consent.[2][3][4] New Hampshire law regarding abortion has been heard before the US Supreme Court in the case Ayotte v. Planned Parenthood of Northern New England in 2006. The number of abortion clinics in New Hampshire has declined over the years, with 18 in 1982, 16 in 1992 and four in 2014. In 2010, there were three publicly funded abortions in the state; all three were federally funded. There are both active abortion rights and anti-abortion rights activists in the state.

History

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Legislative history

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By the end of the 1800s, all states in the union (except Louisiana) had therapeutic exceptions in their legislative bans on abortions.[5] In the 19th century, bans on abortion by state legislatures focused on protecting the life of the mother given the number of deaths caused by abortions; state governments viewed themselves as protecting the lives of their citizens.[5] In 1997, then-Governor Jeanne Shaheen signed legislation repealing most of the abortion restrictions in place.[2]

In June 2003, the New Hampshire Parental Notification Prior to Abortion Act, "an act requiring parental notification before abortions may be performed on unemancipated minors", was narrowly passed by the New Hampshire General Court.[6] This law was repealed in 2007, making rehearing at the district court level moot.[7] The New Hampshire parental notification law was passed again in 2011 after the Republican-controlled House and Senate overrode Democratic governor John Lynch's veto.[8] In 2011 and 2012, dozens of abortion-related bills were submitted but failed to pass. These included attempts to define a fetus as a person when a pregnant woman was murdered (for example the Lacey Peterson case).[2] A bill passed the House by a vote of 190–109 in 2012 that failed to become law that would have prevented women from getting abortions after the 20th week of gestation.[2] Another 2012 bill that failed to pass sought to prevent religious societies from being required to offer insurance requiring them to pay for contraception. New Hampshire passed a parental consent-related law in 2012. The law had no impact on the number of abortions performed on minors, only increasing the frequency of parental participation in the process. It also did not create a situation where New Hampshire minors sought abortions out of state.[3][4][2] The new law required minors to wait 48 hours after requesting an abortion but no longer required parental consent.[2]

Legislators continued introducing bills restricting abortion in the New Hampshire General Court, with more than 30 bills coming before the body between 2015 and 2019.[2] Only a fetal homicide bill was signed by Governor Chris Sununu, which was passed in 2017.[2]

As of 2017, California, Oregon, Montana, Vermont, and New Hampshire allowed qualified non-physician health professionals, such as physicians' assistants, nurse practitioners, and certified nurse midwives, to perform first-trimester aspiration abortions and to prescribe drugs for medical abortions.[9] In 2018, New Hampshire was one of eleven states where the legislature introduced a bill that would have banned abortion in almost all cases. It did not pass.[10] Parental notification laws were still on the books in May 2018.[11] On January 1, 2022, a bill passed that required patients receiving abortion care at a health center in New Hampshire to have an ultrasound.[12]

On December 5, 2023, Republicans filed a bill that would ban abortion after 15 days of gestation "other than for a medical emergency". The bill had been pre-filed in September, but the text was not made public until December 5.[13]

Judicial history

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See also: Ayotte v. Planned Parenthood of Northern New England

The 1973 US Supreme Court's decision in the Roe v. Wade ruling meant the state could no longer regulate abortion in the first trimester.[5] However, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, No. 19-1392, 597 U.S. ___ (2022) later in 2022.[14][15]

The US Supreme Court heard Ayotte v. Planned Parenthood of Northern New England in 2006.[16] On November 17, 2003, Planned Parenthood of Northern New England, the Concord Feminist Health Center, the Feminist Health Center of Portsmouth, and Wayne Goldner, M.D. filed a complaint under 42 U.S.C. § 1983, seeking a declaratory judgment that the Parental Notification Act was unconstitutional and a preliminary injunction to prevent its enforcement once it became effective. On December 29, 2003, Judge Joseph A. Diclerico Jr. of the U.S. District Court for the District of New Hampshire issued an order finding the Parental Notification Act unconstitutional and permanently enjoining its enforcement.[17]

New Hampshire Attorney General Peter Heed appealed the district court's order to the United States Court of Appeals for the First Circuit. Heed argued that the court should apply the "no set of circumstances" standard set forth in United States v. Salerno, 481 U.S. 739 (1987). A three judge panel composed of Chief Judge Michael Boudin, Circuit Judge Juan R. Torruella and District Judge Saris unanimously affirmed the judgment by Judge DiClerico for the same reasons he stated.[18]

Attorney General Kelly Ayotte, who replaced Heed in 2004, appealed the case to the Supreme Court of the United States over the objections of former Governor Craig Benson's successor, Governor John Lynch. The Supreme Court granted certiorari to review the case, which was the first case challenging an abortion law that the Court had accepted in five years. Lynch subsequently submitted an amicus curiae brief in opposition to the Parental Notification Act.[19] The Court vacated the judgment of the First Circuit in a unanimous decision authored by Associate Justice Sandra Day O'Connor.[20]

Clinic history

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Number of abortion clinics in New Hampshire by year
See also: Abortion clinic

Equality Health Center was established in downtown Concord in 1973, shortly after abortion became legal after the Roe v. Wade ruling.[2] Between 1982 and 1992, the number of abortion clinics in the state decreased by two, going from 18 in 1982 to 16 in 1992.[21] In the period between 1992 and 1996, the state saw no change in the total number of abortion clinics. While only three states saw gains in this period, this state was one of four to see no changes, with 16 abortion clinics in the state in 1996.[22] In 2014 in New Hampshire, there were twelve facilities providing abortions, of which four were abortion clinics.[23][11] In 2014, 60% of the counties in the state did not have an abortion clinic. That year, 30% of women in the state aged 15 – 44 lived in a county without an abortion clinic.[24][11] In March 2016, there were five Planned Parenthood clinics in the state.[25] In 2017, there were five Planned Parenthood clinics in a state with a population of 290,369 women aged 15 – 49, of which two offered abortion services.[26]

Statistics

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In the period between 1972 and 1974, there were zero recorded illegal abortion deaths in the state.[27] In 1990, 145,000 women in the state faced the risk of an unintended pregnancy.[21] Alaska, California, and New Hampshire did not voluntarily provide the Centers for Disease Control (CDC) with abortion related data in 2000.[28] All three states also failed to provide abortion-related statistics to the CDC the following year.[29] In 2014, 66% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.[30] The 2023 American Values Atlas reported that, in their most recent survey, 74% of people from New Hampshire said that abortion should be legal in all or most cases.[31] In 2017, the state had an infant mortality rate of 4.2 deaths per 1,000 live births.[32]

Number of reported abortions, abortion rate and percentage change in rate by geographic region and state in 1992, 1995 and 1996[22]
Census division and state Number Rate % change 1992–1996
1992 1995 1996 1992 1995 1996
Total 1,528,930 1,363,690 1,365,730 25.9 22.9 22.9 –12
New England 78,360 71,940 71,280 25.2 23.6 23.5 –7
Connecticut 19,720 16,680 16,230 26.2 23 22.5 –14
Maine 4,200 2,690 2,700 14.7 9.6 9.7 –34
Massachusetts 40,660 41,190 41,160 28.4 29.2 29.3 3
New Hampshire 3,890 3,240 3,470 14.6 12 12.7 –13
Rhode Island 6,990 5,720 5,420 30 25.5 24.4 –19

Abortion financing

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As of May 2018, women could obtain public funding for abortions in three specific cases: if her life was in danger, when the pregnancy is a result of rape, or if the pregnancy is a result of incest.[11] As of May 2019, state Medicaid rules prohibited the use of state Medicaid funding for abortion services except in those three formentioned cases.[2] In 2010, the state had three publicly funded abortions which were federally funded.[33]

As of February 2021, New Hampshire residents may receive financial aid for abortion procedures through The Reproductive Freedom Fund of New Hampshire.[34]

Abortion rights views and activities

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Protests

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Women from New Hampshire participated in marches supporting abortion rights as part of a #StoptheBans movement in May 2019.[35]

Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protesters rallied and marched in Manchester, Exeter, Keene and Portsmouth.[36]

Anti-abortion views and activities

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Violence

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On July 3, 1989, a fire was started at the Feminist Health Center clinic in Concord, New Hampshire, on the day the U.S. Supreme Court upheld a Missouri law banning funding of public facilities as related to abortion. The clinic was set afire again on May 28, 2000,[note 1] resulting in several thousand dollars' worth of damage. The case remains unsolved.[37][38][39] This was the second case of arson at the clinic.[40] On October 22, 2015, a Planned Parenthood clinic in Claremont, New Hampshire, was vandalized by a juvenile intruder. Damaged in the attack were computers, furniture, plumbing fixtures, office equipment, medical equipment, phone lines, windows, and walls. The flooding that resulted from the vandalism also damaged an adjacent business.[41][42] The acts of violence have been denounced by the NH Right to Life organization.[43]

Footnotes

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  1. ^ "Arson suspected in abortion clinic fire". Amarillo Globe-News. Associated Press. May 30, 2000.

References

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  1. ^ "New Hampshire contributes to a record year for abortion restrictions".
  2. ^ a b c d e f g h i j DeWitt, Ethan (May 18, 2019). "Capital Beat: Here's where New Hampshire stands on abortion laws". Concord Monitor. Retrieved June 2, 2019.
  3. ^ a b Adolescence, Committee On (February 1, 2017). "The Adolescent's Right to Confidential Care When Considering Abortion". Pediatrics. 139 (2): e20163861. doi:10.1542/peds.2016-3861. ISSN 0031-4005. PMID 28115537.
  4. ^ a b MacAfee, Lauren K.; Castle, Jen; Johnson, Jennifer; Theiler, Regan N. (May 2014). "Evaluating the Effect of the Parental Notification Law on Minors Seeking Abortions in New Hampshire". Obstetrics & Gynecology. 123: 11S. doi:10.1097/01.aog.0000447256.71620.04. ISSN 0029-7844. S2CID 76373207.
  5. ^ a b c Buell, Samuel (January 1, 1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642.
  6. ^ Introduced as House Bill 763-FN. The act passed with a vote of 12-11 in the New Hampshire Senate and 187-181 in the New Hampshire House of Representatives.
  7. ^ "Planned Parenthood to have attorney's fees paid" Archived 2018-12-04 at the Wayback Machine, Seacoastonline.com.
  8. ^ "NH Law About... Parental Notification". Archived from the original on August 31, 2018. Retrieved May 25, 2019.
  9. ^ "Study: Abortions Are Safe When Performed by Nurse Practitioners, Physician Assistants, Certified Nurse Midwives". Retrieved January 25, 2017.
  10. ^ Lai, K. K. Rebecca (May 15, 2019). "Abortion Bans: 8 States Have Passed Bills to Limit the Procedure This Year". The New York Times. ISSN 0362-4331. Retrieved May 24, 2019.
  11. ^ a b c d Jones, Rachel K.; Witwer, Elizabeth; Jerman, Jenna (2019). "State Facts About Abortion: New Hampshire". Perspectives on Sexual and Reproductive Health. 49 (1): 17–27. doi:10.1363/2019.30760. PMC 5487028. PMID 28094905. Retrieved June 2, 2019.
  12. ^ Timmins, Annmarie (December 12, 2021). "The personal, medical, and political consequences of N.H.'s new abortion law". nhpr.org. Retrieved May 9, 2022.
  13. ^ Vagianos, Alanna (December 5, 2023). "New Hampshire Just Introduced 1 Of The Most Extreme Abortion Bans In The U.S." HuffPost. Retrieved December 5, 2023.
  14. ^ de Vogue, Ariane (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  15. ^ Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  16. ^ "Timeline of Important Reproductive Freedom Cases Decided by the Supreme Court". American Civil Liberties Union. Retrieved May 25, 2019.
  17. ^ Order of the United States District Court of New Hampshire Archived February 26, 2006, at the Wayback Machine (.pdf).
  18. ^ Heed v. Planned Parenthood, 390 F.3d 53 (1st Cir. 2004), full text Archived April 14, 2005, at the Wayback Machine (.pdf).
  19. ^ Lynch's brief was filed with the Court October 12, 2005. See Timeline: Ayotte v. Planned Parenthood, New Hampshire Public Radio, archived from the original on March 3, 2016, retrieved April 19, 2013.
  20. ^ The Supreme Court, 2005 Term — Leading Cases, 120 Harv. L. Rev. 293 (2006).
  21. ^ a b Arndorfer, Elizabeth; Michael, Jodi; Moskowitz, Laura; Grant, Juli A.; Siebel, Liza (December 1998). A State-By-State Review of Abortion and Reproductive Rights. DIANE Publishing. ISBN 9780788174810.
  22. ^ a b Henshaw, Stanley K. (June 15, 2005). "Abortion Incidence and Services in the United States, 1995-1996". Perspectives on Sexual and Reproductive Health. 30: 263–270. Retrieved June 2, 2019.
  23. ^ Harrington, Rebecca; Gould, Skye. "The number of abortion clinics in the US has plunged in the last decade — here's how many are in each state". Business Insider. Retrieved May 23, 2019.
  24. ^ Panetta, Grace; lee, Samantha (August 4, 2018). "This is what could happen if Roe v. Wade fell". Business Insider (in Spanish). Archived from the original on May 24, 2019. Retrieved May 24, 2019.
  25. ^ Bohatch, Emily. "27 states with the most Planned Parenthood clinics". thestate. Retrieved May 24, 2019.
  26. ^ "Here's Where Women Have Less Access to Planned Parenthood". Retrieved May 23, 2019.
  27. ^ Cates, Willard; Rochat, Roger (March 1976). "Illegal Abortions in the United States: 1972–1974". Family Planning Perspectives. 8 (2): 86–92. doi:10.2307/2133995. JSTOR 2133995. PMID 1269687.
  28. ^ "Abortion Surveillance --- United States, 2000". www.cdc.gov. Retrieved May 25, 2019.
  29. ^ "Abortion Surveillance --- United States, 2001". www.cdc.gov. Retrieved May 25, 2019.
  30. ^ "Views about abortion by state - Religion in America: U.S. Religious Data, Demographics and Statistics | Pew Research Center". Retrieved May 23, 2019.
  31. ^ "Abortion Views in All 50 States: Findings from PRRI's 2023 American Values Atlas | PRRI". PRRI | At the intersection of religion, values, and public life. May 2, 2024. Retrieved October 30, 2024.
  32. ^ "States pushing abortion bans have highest infant mortality rates". NBC News. Retrieved May 25, 2019.
  33. ^ "Guttmacher Data Center". data.guttmacher.org. Retrieved May 24, 2019.
  34. ^ "New Abortion Fund Aims to Limit Financial Barriers to Procedure". Www.nhpr.org. February 15, 2021. Retrieved February 25, 2021.
  35. ^ Bacon, John. "Abortion rights supporters' voices thunder at #StopTheBans rallies across the nation". USA TODAY. Retrieved May 25, 2019.
  36. ^ "PHOTOS: Across N.H., crowds rally in response to Supreme Court abortion ruling". NHPR. June 22, 2022. Retrieved April 8, 2024.
  37. ^ Daley, B. (2000, May 30). The Boston Globe. "Abortion Clinic Fire 'Suspicious': Women's Health Center Has Been Target of Past Protests, Vandalism". Lexis Nexis Academic Universe. Retrieved March 26, 2009.
  38. ^ "National News Briefs; Fire at Abortion Clinic Is Investigated as Arson". The New York Times. Associated Press. May 30, 2000. ISSN 0362-4331. Retrieved May 22, 2019.
  39. ^ Sentinel, Orlando. "N.H. ABORTION CLINIC FIRE MAY HAVE BEEN AN ARSON". OrlandoSentinel.com. Retrieved May 22, 2019.
  40. ^ "Arson suspected in abortion clinic fire". Amarillo Globe-News. Associated Press. May 30, 2000.
  41. ^ "Planned Parenthood office in Claremont heavily damaged by intruder". WMUR. October 22, 2015. Retrieved May 22, 2019.
  42. ^ "Planned Parenthood vandal with hatchet damages New Hampshire clinic". The Guardian. Associated Press. October 21, 2015. ISSN 0261-3077. Retrieved May 22, 2019.
  43. ^ "NHRTL Speaks Out Against Recent Vandalism At Claremont Planned Parenthood". NHRTL. October 21, 2015.
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