Doctors and Demonstrators Doctors and Demonstrators How Political Institutions Shape Abortion Law in the United States, Britain, and Canada DREW HALFMANN The University of Chicago Press Chicago and London DREW HALFMANN is associate professor of sociology at the University of California, Davis. The University of Chicago Press, Chicago 60637 The University of Chicago Press, Ltd., London © 2011 by The University of Chicago All rights reserved. Published 2011. Printed in the United States of America 20 19 18 17 16 15 14 13 12 11 1 2 3 4 5 ISBN-13: 978-0-226-31342-9 (cloth) ISBN-13: 978-0-226-31343-6 (paper) ISBN-10: 0-226-31342-5 (cloth) ISBN-10: 0-226-31343-3 (paper) Library of Congress Cataloging-in-Publication Data Halfmann, Drew. Doctors and demonstrators : how political institutions shape abortion law in the United States, Britain, and Canada / Drew Halfmann. p. cm. Includes bibliographical references and index. ISBN-13: 978-0-226-31342-9 (cloth : alk. paper) ISBN-10: 0-226-31342-5 (cloth : alk. paper) ISBN-13: 978-0-226-31343-6 (pbk. : alk. paper) ISBN-10: 0-226-31343-3 (pbk. : alk. paper) 1. Abortion—Law and legislation—United States. 2. Abortion—Law and legislation—Great Britain. 3. Abortion—Law and legislation— Canada. 4. Abortion—Political aspects—United States. 5. Abortion—Political aspects—Great Britain. 6. Abortion—Political aspects—Canada. I. Title. K5181.H35 2011 342.08'4—dc22 2011003353 a The paper used in this publication meets the minimum requirements of the American National Standard for Information Sciences— Permanence of Paper for Printed Library Materials, ANSI Z39.48-1992. Contents List of Abbreviations vii Acknowledgments ix 1 Introduction 1 PART ONE Abortion Reforms of the Long 1960s 33 2 The Reforms and Their Roots 35 3 Medical Interests and Priorities 66 PART TWO After Reform 99 4 Abortion Services 101 5 The Politicization of Abortion 125 6 Policy Change after Reform 166 7 Political Institutions and Abortion Policy 202 References 219 Appendix 1: Statements on Abortion in American Party Platforms, 1972–2008 221 Appendix 2: U.S. Supreme Court Cases on Abortion 228 Appendix 3: Abortion Attitudes in the United States and Britain 231 Appendix 4: Abortion Funding and Provision in the United States, Britain, and Canada, 1970s–2000s 232 Appendix 5: Abortion Attitudes in the United States, Britain, and Canada, 1975–2004 234 Notes 237 Index 341 Abbreviations ACGME Accreditation Council for Graduate Medical Education (United States) ACLU American Civil Liberties Union ACOG American College of Obstetricians and Gynecologists ALI American Law Institute ALRA Abortion Law Reform Association (Britain) AMA American Medical Association AMCAL Association for the Modernization of Canadian Abor- tion Laws AMPAC American Medical Political Action Committee ASA Association for the Study of Abortion (United States) BMA British Medical Association BPAS Birmingham Pregnancy Advisory Service (later, British Pregnancy Advisory Service) CARAL Canadian Association for the Repeal of Abortion Laws (1973–80) CARAL Canadian Abortion Rights Action League (1980–2002) CBA Canadian Bar Association CCTA California Committee on Therapeutic Abortion CLSC centre local de services communitaires CMA Canadian Medical Association ERA Equal Rights Amendment (United States) FLQ Front de libération du Québec FPD Family Planning Division (Canada) G8 Group of Eight GOP Republican Party (“Grand Old Party”) GP general practitioner ICMCA Illinois Citizens for the Medical Control of Abortion LARC Labour Abortion Rights Committee (Britain) LPAS London Pregnancy Advisory Service NAC National Abortion Campaign (Britain) vii AbbREviAtioNs NAF National Abortion Federation (United States) NARAL N ational Association for the Repeal of Abortion Laws (United States, 1969–73) NARAL National Abortion Rights Action League (United States, 1973–present) NCCB National Conference of Catholic Bishops (United States) NDP New Democratic Party (Canada) NHS National Health Service (Britain) NORC National Opinion Research Center NOW National Organization for Women (United States) NRLC National Right to Life Committee (United States) NWPC National Women’s Political Caucus (United States) OB/GYN obstetrician/gynecologist OECD Organisation for Economic Co-operation and Development OMA Ontario Medical Association PCP primary care practitioner PLP Parliamentary Labour Party (Britain) PPFA Planned Parenthood Federation of America PQ Parti Québécois RCOG Royal College of Obstetricians and Gynaecologists (Britain) SPUC Society for the Protection of Unborn Children (Britain) ZPG Zero Population Growth (United States) viii Acknowledgments I incurred many debts while I worked on this book, but by far the greatest is to Edwin Amenta. He first got me hooked on the question “How do movements matter?” and he was there for me every step of the way as I explored that ques- tion and others. I hope that I can be as wise, encouraging, and inspiring for my own students as he has been for me. I thank him heartily. I also thank Fred Block for his tre- mendous generosity, humor, and insight. Thank you also to all those who read the manuscript, and especially those who read the whole thing: Edwin Amenta, Jeb Barnes, Fred Block, Mark Brown, Craig Calhoun, Lori Freedman, Dorith Geva, Jeff Goodwin, John R. Hall, James Jasper, Carole Joffe, Matt Keller, Ellie Lee, Anulla Linders, Ming-Cheng Lo, Michael McQuarrie, Dina Okamoto, Adam Sheingate, Dan Slater, and Michael Young. I would also like to thank my teachers, Dot Stegman and Chuck Hitt. I started thinking about abortion and politics as an undergraduate at the University of Wisconsin where I wrote my first college term paper for political scientist Leon Epstein on the Supreme Court’s abortion funding decisions. I had no idea then that I would eventually write a book on abortion or that Professor Epstein’s work on political parties would so influence me. I also learned a lot from R. Booth Fowler and Leon Lindberg. I thank my committee at New York University: Edwin Amenta (chair), Craig Calhoun, and Jeff Goodwin. I also benefited greatly from the guidance of Dalton Conley, Eliot Freidson, David Greenberg, Wolf Heydebrand, Ruth Horowitz, Robert Max Jackson, Ed Lehman, and Mildred Schwartz. Thanks also to the members of the ix
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