A lot of abortion advocates are vehemently insisting that treatment for a miscarriage is also an abortion -- morally, linguistically, and legally. One adherent of the "miscarriage care is also an abortion" went to US Legal (Motto: "Convenient, Affordable Legal Help - Because We Care!") quoted this:
Abortion is defined as the termination of pregnancy by various methods, including medical surgery, before the fetus is able to sustain independent life.
and called it a day.
I decided to go state-by-state and made an interesting discovery. The states that most vehemently embrace abortion tend to insult women whose babies died natural deaths by lumping their treatment in with "abortions." States that do not enshrine abortion make a clear distinction between deliberately killing the baby and providing miscarriage management.
Thirty-two states make a clear legal distinction between abortion and miscarriage management. Four states don't explicitly exclude miscarriage management but do list is as a separate service distinct from abortion. So 37 states, or 72% of major US jurisdictions, make it clear on their books that an abortion is different from miscarriage management.
No state explicitly includes miscarriage management under abortion.
The states that either don't define abortion or don't exclude miscarriage care from "abortion" are states that have a serious and abiding love for abortion and therefore likely lack any empathy for women who lose their babies to injury or illness. Why would you see a miscarriage as even sad, much less than tragic, if you consider abortion to be the greatest boon to womanhood ever?
For the benefit of those who get all their information from CNN and other dubious sources:
Alabama: ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use or prescription is not an abortion if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver the unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child. The term “abortion” as used herein does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman where the unborn child has a lethal anomaly.
Alaska: (1) “abortion” means the use or prescription of an instrument, medicine, drug, or other substance or device to terminate the pregnancy of a woman known to be pregnant, except that “abortion” does not include the termination of a pregnancy if done with the intent to (A) save the life or preserve the health of the unborn child; (B) deliver the unborn child prematurely to preserve the health of both the pregnant woman and the woman's child; or (C) remove a dead unborn child;
Arizona: "Abortion" means the use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will cause, with reasonable likelihood, the death of the unborn child. Abortion does not include birth control devices, oral contraceptives used to inhibit or prevent ovulation, conception or the implantation of a fertilized ovum in the uterus or the use of any means to save the life or preserve the health of the unborn child, to preserve the life or health of the child after a live birth, to terminate an ectopic pregnancy or to remove a dead fetus.
Arkansas: "Abortion" means the act of using, prescribing, administering, procuring, or selling of any instrument, medicine, drug, or any other substance, device, or means with the purpose to terminate the pregnancy of a woman, with knowledge that the termination by any of those means will with reasonable likelihood cause the death of the unborn child.
California: “Abortion” means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth. NB: Though the definition of "abortion" doesn't excuse miscarriage care, wording earlier in the bill clearly indicates that they consider miscarriage management to be a separate type of care: The Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.
Colorado: They follow California's lead by defining abortion as "any medical procedure, instrument, agent, or drug used to terminate the pregnancy of an individual known or reasonably believed to be pregnant with an intention other than to increase the probability of a live birth." Unlike California, they don't list miscarriage management as a separate services, so yes, Colorado does insult women whose babies have died natural deaths by calling miscarriage management "an abortion."
Connecticut: They don't actually define an abortion anyplace where I could find it.
Delaware: “Abortion” means the use of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
Florida: “Abortion” means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.
Georgia: 'Abortion' means the act of using, prescribing, or administering any instrument, substance, device, or other means with the purpose to terminate a pregnancy with knowledge that termination will, with reasonable likelihood, cause the death of an unborn child; provided, however, that any such act shall not be considered an abortion if the act is performed with the purpose of: (A) Removing a dead unborn child caused by spontaneous abortion; or (B) Removing an ectopic pregnancy.
Hawaii: Abortion shall mean an operation to intentionally terminate the pregnancy of a nonviable fetus. The termination of a pregnancy of a viable fetus is not included in this section. So, like Colorado, Hawaii insults women whose babies died of natural causes by calling miscarriage treatment "an abortion."
Idaho: "Abortion" means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not mean: (a) The use of an intrauterine device or birth control pill to inhibit or prevent ovulations, fertilization, or the implantation of a fertilized ovum within the uterus; (b) The removal of a dead unborn child; (c) The removal of an ectopic or molar pregnancy; or (d) The treatment of a woman who is no longer pregnant.
Illinois: "Abortion" means the use of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of an individual known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
Indiana: They don't actually define it. And it also contains this extremely concerning wording that Indiana people need to address right now because it leaves women extremely vulnerable: "if in the judgment of the physician the abortion is necessary to preserve the life of the woman, her consent is not required"
Iowa: For the purposes of this chapter, “abortion” means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus.
Kansas: “Abortion” means the use or prescription of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy.
Kentucky: They don't use the word "abortion." The law just forbids killing fetuses thusly: No person may knowingly: 1. Administer to, prescribe for, procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being; or 2. Use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.
Louisiana: Their law regarding abortion says, No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.
Maine: "Abortion" means the intentional interruption of a pregnancy by the application of external agents, whether chemical or physical or by the ingestion of chemical agents with an intention other than to produce a live birth or to remove a dead fetus.
Maryland: I can't find a definition of abortion at all in Maryland law.
Massachusetts: “Abortion”, any medical treatment intended to induce the termination of, or to terminate, a clinically diagnosable pregnancy except for the purpose of producing a live birth; provided, however, that “abortion” shall not include providing care related to a miscarriage.
Michigan: "Abortion" means the intentional use of an instrument, drug, or other substance or device to terminate a woman's pregnancy for a purpose other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a fetus that has died as a result of natural causes, accidental trauma, or a criminal assault on the pregnant woman.
Minnesota: For purposes of this section, "abortion" means any medical treatment intended to induce the termination of a pregnancy with a purpose other than producing a live birth. However, the law elsewhere states For purposes of this section, "reproductive health care" means health care offered, arranged, or furnished for the purpose of preventing pregnancy, terminating a pregnancy, managing pregnancy loss, or improving maternal health and birth outcomes. Thus, as in California, natural pregnancy loss is considered separate from deliberate abortion.
Mississippi: As used in this section, the term “abortion” means the use or prescription of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth or to remove a dead fetus.
Missouri: "Abortion": (a) The act of using or prescribing any instrument, device, medicine, drug, or any other means or substance with the intent to destroy the life of an embryo or fetus in his or her mother's womb; or (b) The intentional termination of the pregnancy of a mother by using or prescribing any instrument, device, medicine, drug, or other means or substance with an intention other than to increase the probability of a live birth or to remove a dead unborn child;
Montana: "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
Nebraska: Abortion means the prescription or use of any instrument, device, medicine, drug, or substance to or upon a woman known to be pregnant with the specific intent of terminating the life of her preborn child. (b) Abortion shall under no circumstances be interpreted to include: (i) Removal of an ectopic pregnancy; (ii) Removal of the remains of a preborn child who has already died; (iii) An act done with the intention to save the life or preserve the health of the preborn child; (iv) The accidental or unintentional termination of the life of a preborn child
Nevada: As used in NRS 442.240 to 442.270, inclusive, unless the context requires otherwise, "abortion" means the termination of a human pregnancy with an intention other than to produce the birth of an infant capable of sustained survival by natural or artificial supportive systems or to remove a dead fetus.
New Hampshire: “Abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the fetus. Such use, prescription, or means is not an abortion if done with the intent to: (a) Save the life or preserve the health of the fetus; (b) Remove a dead fetus caused by spontaneous abortion; or (c) Remove an ectopic pregnancy.
New Jersey: They don't seem to define abortion but do gush on at length about what a boon to humanity "reproductive autonomy" is.
New Mexico: They don't define abortion, but do list as separate from "managing a pregnancy loss."
New York: They don't define abortion but rather gush on about how fundamental a right it is.
North Carolina: Surgical abortion. – The use or prescription of any instrument, medicine, drug, or other substance instrument or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to do any of the following: a. Increase the probability of a live birth. b. Preserve the life or health of the child. c. Remove a dead, unborn child who died as the result of (i) natural causes in utero, (ii) accidental trauma, or (iii) a criminal assault on the pregnant woman or her unborn child which causes the premature termination of the pregnancy. d. Remove an ectopic pregnancy.
North Dakota: "Abortion" means the act of using, selling, or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, including the elimination of one or more unborn children in a multifetal pregnancy, with knowledge the termination by those means will with reasonable likelihood cause the death of the unborn child. The use, sale, prescription, or means is not an abortion if done with the intent to: a. Remove a dead unborn child caused by spontaneous abortion; b. Treat a woman for an ectopic pregnancy; or c. Treat a woman for a molar pregnancy.
Ohio: Except as provided in division (B) of this section, no person shall knowingly and purposefully perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting the termination of the life of the unborn human individual the pregnant woman is carrying and whose fetal heartbeat has been detected in accordance with division (A) of section 2919.192 of the Revised Code.
Oklahoma: "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous miscarriage, accidental trauma, or a criminal assault on the pregnant female or her unborn child;
Oregon: I can't find a definition, but they do list "pregnancy termination services" as separate from "miscarriage management."
Pennsylvania: "Abortion." The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not mean the use of an intrauterine device or birth control pill to inhibit or prevent ovulation, fertilization or the implantation of a fertilized ovum within the uterus.
Rhode Island: “Abortion” for the purpose of this chapter means administering to a woman, known to be pregnant, any medicine, drug, substance, or thing whatever, or the employment upon her of any instrument or means whatever, with intent to terminate a pregnancy. The term shall not include the administering of any medicine, drug, substance, or thing or the employment of any instrument or means for the purpose of completing an incomplete, spontaneous miscarriage.
South Carolina: "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child.
South Dakota: "Abortion," the intentional termination of the life of a human being in the uterus;
Tennessee: “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic or molar pregnancy, or to remove a dead fetus;
Texas: "Abortion" means the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to cause the death of an unborn child of a woman known to be pregnant. The term does not include birth control devices or oral contraceptives. An act is not an abortion if the act is done with the intent to: (A) save the life or preserve the health of an unborn child; (B) remove a dead, unborn child whose death was caused by spontaneous abortion; or (C) remove an ectopic pregnancy.
Utah: "Abortion" means the act, by a physician, of using an instrument, or prescribing a drug, with the intent to cause the death of an unborn child of a woman known to be pregnant
Vermont: They don't define abortion as far as I can see; they just make it clear that nobody can do, say, or presumably think anything that might stand between a woman and an abortion or an abortionist and a woman he wants to do an abortion on.
Virginia: Except as provided in other sections of this article, if any person administer to, or cause to be taken by a woman, any drug or other thing, or use means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby destroy such child, or produce such abortion or miscarriage, he shall be guilty of a Class 4 felony.
Washington: "Abortion" means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth. So again, they insult women whose babies die of natural causes by classing miscarriage treatment as an abortion.
Washington, DC: They don't define abortion.
West Virginia: “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a patient known to be pregnant and with intent to cause the death and expulsion or removal of an embryo or a fetus. This term does not include the terms “intrauterine fetal demise” or “stillbirth” or “miscarriage” as defined in this section.
Wisconsin: The law against abortion defines it thus - Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony
Wyoming: abortion is the intentional termination of the life of an unborn baby
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