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To: cpforlife.org
Great Britain “legalized” the murder of children waiting to be born in 1954.

It was 1967, and most importantly was a specific legislative act, rather than a court's judgement. During the 1960s our legislators had a collective fit of insanity during which they legalised abortion, made divorce easier, and ended the death penalty; this could be changed by Act of Parliament (though most unlikely whilst the Labour Party is in power), whereas Roe vs. Wade establishes a 'right' which cannot be overturned by legislation. Also, importantly, technically abortion is permitted only in cases where continuing the pregnancy would have severe detrimental effects on the mother's physical or mental health, or in cases of severe disability of the child; many doctors treat this as abortion on demand, but that is not the legal issue (there is a case before the High Court at present relating to abortion based on a cleft-palate). Also, abortion is normally legal only in the first 24 weeks of pregnancy.

We are certainly very far from perfect, and there is much work to be done here; but there are several aspects of British abortion law which are far preferable to U.S.
15 posted on 04/15/2004 3:26:36 AM PDT by tjwmason (A voice from Merry England.)
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To: tjwmason; All
Thanks for correcting me on the date and the additional great info.

It was the Abortion Act of 1967 (see last part below) that provided such wide exceptions for wholesale slaughter. From: http://members.aol.com/abtrbng/abortl.htm

 

Background

Historically, in Anglo-American law, abortion had been criminalized, at least from the point of "quickening" (c.15-18 weeks) and often severely punished. Liberalization of abortion laws in both countries began to occur in the later 1960's.

English Law

Henry Bracton, (1216-1272) "the Father of Common Law," apparently regarded abortion (at least after 5 or six weeks) as homicide and it seems that at early Common Law abortion was a felony, and, therefore, a hanging offense. Later commentators, Coke and Blackstone, held expressly that abortion after quickening was not the crime of murder, but a separate crime (a "grave misprision"). It is unclear whether pre-quickening abortion was still criminalized. The Miscarriage of Woman Act of 1803 ("Lord Ellenborough's Act," 43 Geo. 3, c. 58.), introduced a statutory abortion scheme in England. Pre-quickening abortion was made a felony and post-quickening abortion was a capital crime. In 1837, with abolition of the death penalty, 7 Will. 4 & 1 Vict., c. 85. § 6, the quickening distinction was removed and all abortion was punished as a single felony. In 1861, the Offenses Against the Person Act, 24 & 25 Vict., c. 100, § 59, introduced a replacement statutory scheme, where, as before, all abortions were felonies. In 1929, the Infant Life (Preservation) Act, 19 & 20 Geo. 5, c. 34, was passed. It supplemented the OAPA and included a defense for bona fide efforts to save the mother's life. A common law health exception to the OAPA was introduced in 1938 by Rex v. Bourne, [1939] 1 K. B. 687, 3 All E. R. 615 (1938). Finally, the Abortion Act of 1967, while maintaining the general prohibition of abortion, introduced broad exceptions for genetic defects, and the mental and physical heath of the mother. Under this law, abortion is generally permitted if a pregnancy is unwanted, as childbirth is seen as more of a health threat than early abortion. However, this law does not apply uniformly throughout the U.K., e.g. Man and Jersey.

19 posted on 04/15/2004 10:14:40 AM PDT by cpforlife.org (The Missing Key of the Pro-Life Movement is at www.CpForLife.org)
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