Limits of Liberty

1. Limits of Liberty Same Sex Marriage & Abortion Rights

3. What is Marriage? • Legal Definition of Marriage: • The legal status, condition, or relationship that results from a contract by which one man and one woman, who have the capacity to enter into such an agreement, mutually promise to live together in the relationship of Husband and Wife in law for life, or until the legal termination of the relationship. • Marriage is defined as a civil contract between two people who meet the legal requirements for getting married established by the state, which vary from state to state. Generally, to be married, two people must be of opposite gender. However, some states are in the process of changing the different sex requirement.

4. Federal View on Same-Sex Marriage • The federal government does not recognize same-sex marriages, even if such marriages are recognized legally by particular states. • 1996, Clinton Administration: Defense of Marriage Act

5. State Policies on Same-Sex Marriage

6. What is Abortion? • Legal Definition: • The spontaneous or artificially induced expulsion of an embryo or fetus. As used in legal context, the term usually refers to induced abortion. • Medical Definition: • In medicine, an abortion is the premature exit of the products of conception (the fetus, fetal membranes, and placenta) from the uterus. It is the loss of a pregnancy and does not refer to why that pregnancy was lost.

7. State Policies on Abortion

8. The US: Legalization of Abortion • 1967 – 1973: 1/3 of states turn back abortion laws. • 1973: Roe v. Wadedecision legalizes abortion • TX, pre-Roe: No abortions unless mother in danger • Women forced to seek illegal abortions • Jane Roe: Represented women seeking legal & safe abortions • Henry Wade: Attorney General defended anti-abortion law • RULING: The “right to privacy” includes: • A) a woman’s right to decide whether to have children; • B) the rights of women and their doctors to make abortion decisions without state interference. http://www.prochoice.org/about_abortion/history_abortion.html

9. Types of abortion • Spontaneous abortion (or miscarriage) • Accidental or natural death of fetus within the first 20 weeks of gestation (American Pregnancy Association) • Premature birth: Live birth before 37 weeks • Stillbirth: Death of fetus in womb after 20 weeks • Induced abortion • Intentional interruption of a pregnancy • Methods depend gestational age of the fetus, regional legality, and doctor-patient preferences

10. Types of induced abortions • “Therapeutic” • To save the life of the pregnant woman • To preserve her physical and/or mental health • To terminate a pregnancy in which a congenital disorder would present the child with death or severe life-threatening complications • To reduce the number of fetuses that might complicate a “multiple birth” pregnancy • “Elective” • For reasons other than maternal health or fetal disease http://en.wikipedia.org/wiki/Abortion#Induced_abortion

12. Controversy: Partial-birth abortion • What is a PBA? • An IDX procedure involving a live fetus • “Partial-Birth Abortion Ban” Act of 2003: • Legislation • Signed into law by President Bush, Nov. 2003. • Outlaws late-term “partial-birth” abortions • Docs face fine and/or imprisonment (2 years) • Reaction • 3 federal district courts challenged its constitutionality • Gonzales v. Carhart, April 2007 • US Supreme Court upheld the federal PBA ban. http://www.usccb.org/prolife/issues/pba/pbaban.shtml

13. Abortion Laws in Tennessee • Informed Consent for Women Seeking Abortions: Women seeking abortions shall be provided accurate information including the age of her unborn child; that abortion is a major surgical procedure, that public and private agencies exist to assist her including adoption alternatives; and details regarding any inherent risks in the procedure. (1978, TCA 39-15-202) • Waiting Period: 48 hour waiting period required from time woman meets with abortionist until the abortion is performed (1978, TCA 39-15-202) • Parental Consent: Unemancipated minor must obtain the consent of one parent or legal guardian. If the parent or guardian refuse or the minor feels they cannot seek the parent's consent, the minor may petition a county court for judicial bypass. (Parental Consent) (1995, TCA 37-10-3037) http://www.tnrtl.org/human_life_issues/human_life_issues_abortion_statistics.htm

14. Abortion Laws in Tennessee • Clinic Regulation: Abortion clinics must meet health and safety standards and carry two million dollars in medical malpractice insurance. Clinic administrators and owners must meet strict educational, medical and character requirements. (1989, TCA 68-11-223) • Abortion Reporting: Abortionists must report each abortion to the Department of Health. Records and reports must remain confidential. (1973, TCA 39-15-203) • Conscience Clauses and Abortion: No physician, hospital or medical person shall be required to participate in the performance of an abortion. (1973, TCA 39-15-204) http://www.tnrtl.org/human_life_issues/human_life_issues_abortion_statistics.htm

15. Abortion Laws in Tennessee • Abortion Survivors: Any child born alive during an abortion must be cared for by clinic staff. (1978, TCA 39-15-206) • Mothers Consent: Use or sale of aborted children without consent is banned (1978, TCA 9-15-208) • Partial-Birth Abortion: Practice of Partial-birth abortion banned. (1997, TCA 39-15-209) • Tax Dollars for Abortion: Public funding for abortion permitted only to save the life of the mother or if the pregnancy resulted from rape or incest. (1981) http://www.tnrtl.org/human_life_issues/human_life_issues_abortion_statistics.htm

16. Abortion in Summary • Roe v. Wade: Right to privacy allows women the right to obtain an abortion. • Many states have placed restrictions on abortion including: wait period, counseling, parental consent, partial birth, etc. • Partial Birth Abortion Ban 2003: Made it illegal to perform a partial birth abortion. • The state of Tennessee is very conservative in its abortion laws, placing many restrictions on those seeking an abortion.