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Overview of State Abortion Laws


            Abortion has always been a topic of discussion in the United States. It is something that has been fought over in government for years, especially very recently. Abortion is defined as, "the removal of an embryo or fetus from the uterus in order to end a pregnancy." Some think that abortion is a woman's right to choose and that she and she alone can decide if it is something with which she wants to go through. Others think that abortion is morally wrong and in turn is the killing of a helpless "being." Those who are on the pro-life agenda will typically use the terms "unborn child" or "unborn baby." This is because they believe that life begins at conception. Those who advocate the pro-choice agenda will use the term "fetus," as they believe life begins at birth. The only time abortions cannot be performed is after the 24 weeks. Late term abortions are not legal in most states in the United States, except in cases where the life of the mother is in danger. Another debate concerning abortion is the funding of it on the state level. This paper will discuss how abortion became legal in the states, legislation states have passed to control abortion and how states decide to fund abortion. .
             Abortion became legal in the United States in the landmark case Roe v. Wade. It was decided that a woman's right to privacy was under the due process clause of the 14th Amendment of the Constitution. This extended to a woman's right to get an abortion. The Court then tied state regulation of abortion to the third trimester of pregnancy. This was later thrown out and the Court decided that a person had a right to abortion until viability. This basically means that an abortion could not be completed if the fetus was able to live outside of the womb. This is usually around 28 weeks, but can occur as early as 24 weeks. In case Roe is ever overturned, many states, such as Arkansas and Kentucky, have put trigger laws in place.


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