# Was it legal to have an abortion to save your life before Roe vs Wade? **URL:** \ **Category:** Factual Questions\ **Created:** [December 7, 2002, 6:07pm UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151 "2002-12-07T18:07:50Z")\ **Posts on this page:** 15\ **Page:** 1
**Author:** ![Cessandra](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cessandra](https://boards.straightdope.com/u/Cessandra)\ **Post date:** [December 7, 2002, 6:07pm UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/1 "2002-12-07T18:07:50Z")
Someone told me that even before Roe vs Wade doctors were allowed to perform abortions that would save the mother’s life. Is that true? ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [December 7, 2002, 6:11pm UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/2 "2002-12-07T18:11:32Z")
The Texas law that Roe struck down allowed exceptions “by medical advice for the purpose of saving the life of the mother”. I don’t know if other states didn’t allow for this exception, but I don’t think so. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [December 7, 2002, 6:21pm UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/3 "2002-12-07T18:21:12Z")
More: most states had laws similar to that of Texas, but about one forth had “modernized” laws adopted from the Model Penal Code, which allowed for an abortion by a physician when, “based on his best clinical judgment”, an abortion was necessary because continued pregnancy would endanger the life or health of the mother, if the fetus was likely to be born with serious defects, or if the pregnancy was the result of rape. These laws were struck down in Roe’s companion case, Doe v. Bolton ---
**Author:** ![Akatsukami](https://avatars.discourse-cdn.com/v4/letter/a/ea666f/32.png) [@Akatsukami](https://boards.straightdope.com/u/Akatsukami)\ **Post date:** [December 7, 2002, 7:28pm UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/4 "2002-12-07T19:28:18Z")
Note that _Roe v. Wade_ did not, contrary to the generally-accepted propaganda, legalize abortion; it declared it unconstitutional to _il_legalize abortion. ---
**Author:** ![Mehitabel](https://avatars.discourse-cdn.com/v4/letter/m/8797f3/32.png) [@Mehitabel](https://boards.straightdope.com/u/Mehitabel)\ **Post date:** [December 7, 2002, 7:45pm UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/5 "2002-12-07T19:45:31Z")
My mother, when she gave birth to me in Mt. Sinai in NYC in 1964, was in a room with two women who had just had therapeutic abortions. One was healthy as far as she could tell, and ready to bounce right back to Altman’s; the other did have something wrong with her, but also wasn’t too broken up about it. Needless to say, both were rich and white. ---
**Author:** ![handsomeharry](https://avatars.discourse-cdn.com/v4/letter/h/e9c0ed/32.png) [@handsomeharry](https://boards.straightdope.com/u/handsomeharry)\ **Post date:** [December 7, 2002, 10:14pm UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/6 "2002-12-07T22:14:25Z")
i was thinking that abortions were legal earlier in the century or late in the 19th century, but they were outlawed later. something like the marijuana/drug situation. am i confused? ---
**Author:** ![AHunter3](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ahunter3/32/368_2.png) [@AHunter3](https://boards.straightdope.com/u/AHunter3)\ **Post date:** [December 7, 2002, 11:00pm UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/7 "2002-12-07T23:00:26Z")
That is correct. Abortions were performed in the 19th centory, often by midwives, and were outlawed later. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [December 7, 2002, 11:31pm UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/8 "2002-12-07T23:31:24Z")
> [@](#): > > \*Originally posted by handsomeharry \* > \*\*i was thinking that abortions were legal earlier in the century or late in the 19th century, but they were outlawed later. something like the marijuana/drug situation. am i confused? \*\* I would say it depends. Abortion was criminalized in Connecticut in 1821, in New York in 1830, and in Maine in 1840. On the other hand, I think abortion was legal in at least one state until 1910. (Well, I don’t believe there was ever a law specifically against abortion in Kentucky, but the courts had ruled it illegal. However, in 1910, I think one of the states, but I’m not sure which, passed an abortion law.) Aparently, there was a report in 1859 by the AMA recommending the criminalization of abortion, that spurred a number of states. ---
**Author:** ![AskNott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asknott/32/5790_2.png) [@AskNott](https://boards.straightdope.com/u/AskNott)\ **Post date:** [December 8, 2002, 3:23am UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/9 "2002-12-08T03:23:38Z")
Before and after Roe v. Wade, many abortions were and are quietly performed under the label of (pardon my spelling) dilation and currettage. A d+c is a common treatment for a womb’s misbehavior. There are plenty of other reasons to do a d+c. ---
**Author:** ![lucwarm](https://avatars.discourse-cdn.com/v4/letter/l/e19adc/32.png) [@lucwarm](https://boards.straightdope.com/u/lucwarm)\ **Post date:** [December 8, 2002, 5:03am UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/10 "2002-12-08T05:03:24Z")
Here’s a selection from New York’s Penal Code: > [@](#): > > 1. “Justifiable abortional act.” An abortional act is justifiable when committed upon a female with her consent by a duly licensed physician acting (a) under a reasonable belief that such is necessary to preserve her life, or, (b) within twenty-four weeks from the commencement of her pregnancy. A pregnant female`s commission of an abortional act uponherself is justifiable when she acts upon the advice of a duly licensed physician (1) that such act is necessary to preserve her life, or, (2) within twenty-four weeks from the commencement of her pregnancy. The submission by a female to an abortional act is justifiable when she believes that it is being committed by a duly licensed physician, acting under a reasonable belief that such act is necessary to preserve her life, or, within twenty-four weeks from the commencement of her pregnancy. Yes, it’s current . . . I gather it has not been revised in light of Roe v. Wade. (standard disclaimer about legal advice) ---
**Author:** ![Horatio\_Hellpop](https://avatars.discourse-cdn.com/v4/letter/h/e5b9ba/32.png) [@Horatio\_Hellpop](https://boards.straightdope.com/u/Horatio_Hellpop)\ **Post date:** [December 8, 2002, 5:23am UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/11 "2002-12-08T05:23:11Z")
I think D&C refers only to the method of abortion, not the medical rationale for it. While dilating with a long shoehorn-looking device, the fetus is cut loose with a curette (metal rod with a wire loop on the end of it). Both implements are about two feet long. ---
**Author:** ![JThunder](https://avatars.discourse-cdn.com/v4/letter/j/e95f7d/32.png) [@JThunder](https://boards.straightdope.com/u/JThunder)\ **Post date:** [December 8, 2002, 7:02am UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/12 "2002-12-08T07:02:40Z")
> [@](#): > > \*Originally posted by Akatsukami \* > \*\*Note that _Roe v. Wade_ did not, contrary to the generally-accepted propaganda, legalize abortion; it declared it unconstitutional to _il_legalize abortion. \*\* Also, contrary to a popular misconception, most pro-life organizations do not oppose abortion when it is absolutely necessary to save the mother’s life. ---
**Author:** ![Zoe](https://avatars.discourse-cdn.com/v4/letter/z/a4c791/32.png) [@Zoe](https://boards.straightdope.com/u/Zoe)\ **Post date:** [December 8, 2002, 7:09am UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/13 "2002-12-08T07:09:57Z")
Prior to Roe vs. Wade, Tennessee also had a law that allowed abortions to save the life of the mother. I’m not sure about the “health” of the mother though. ---
**Author:** ![irishgirl](https://avatars.discourse-cdn.com/v4/letter/i/8edcca/32.png) [@irishgirl](https://boards.straightdope.com/u/irishgirl)\ **Post date:** [December 8, 2002, 2:36pm UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/14 "2002-12-08T14:36:28Z")
on a tangent… if you look back at any newspaper from the 19th and early 20th centuries you’ll see advertisements for medications to cure “menstrual irregularities”. these were actually abortifacients. before reliable contraception, abortion was often used as birth control. a regular dose of pennyroyal tea was a must for many victorian women. before specific anti abortion legislation was brought into ireland, it was governed by the victorian era laws against the person. these laws allow abortion to save the life or health of the mother, or to prevent her from suffering grave emotional damage. even in the 13th and 14th centuries abortions was acceptable if the woman believed she was demonically possessed and had “kittens in the womb”…or said she did. in ancient greece women made offerings of myrtle and other abortifacient herbs to the goddess athena. it’s not a new phenonmenon by any means. ---
**Author:** ![Charlie\_Tan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/charlie_tan/32/12582_2.png) [@Charlie\_Tan](https://boards.straightdope.com/u/Charlie_Tan)\ **Post date:** [December 8, 2002, 4:36pm UTC](https://boards.straightdope.com/t/was-it-legal-to-have-an-abortion-to-save-your-life-before-roe-vs-wade/141151/15 "2002-12-08T16:36:17Z")
**Captain Amazing** , close but… Abortion was legal in the US till 1840. The MD’s then started a campaign to take away the rights to do abortions from the midwifes, since they wanted the business. The lobbying succeded, but the MD’s hadn’t fully realized what they took on themselves. Not being able to cope, and clearly anable to say… “no, we were wrong, the midwifes are actually qualified” they opted to lobby for making it illegal. By 1845 it was made so.