The Historical Appropriateness of the Human Life Bill (S. 158):

Evidence From the History of Anti-Abortion Policy in the United States

W. H. Marshner

BEFORE THE SUBCOMMITTEE ON THE SEPARATION OF POWERS OF THE SENATE COMMITTEE ON THE JUDICIARY
June 1, 1981

The Human Life Bill (S. 158) will be historically appropriate legislation if three claims can be established: (1) that scientific evidence indicating a significant likelihood that actual human life exists from conception was known to physicians and state legislators from the middle decades of the 19th century forward; (2) that the passage of anti-abortion statutes by those legislators in those decades was significantly influenced and motivated by such evidence; and (3) that the medico-moral and legal climate in which the 14th amendment was ratified was therefore a climate in which it was a settled conviction that the unborn human foetus, at every stage of gestation, was a human being entitled to protection of life, and hence a climate in which absolutely no conflicting right having the character of a privacy right of a woman to abort was conceded to exist by any court or any legislature, state or federal, in this country or in any Western nation.

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