View the Table of Contents. Read Chapter One.

aDoes a terrific job of laying out how the courts have conspired to limit the abortion access of teenaged girls. The results are clear, convincing, and enraging. How we- and the lawmakers who represent us- respond will indicate whether the pro-choice community has the wherewithal to fight back and defend Roe. Helena Silverstein has broken the silence on judicial bypass. It is now up to the rest of us to take action.a
--"Z Magazine"

aSilverstein implements a tremendous research design that yields a very well-written book, and the resulting evidence backs up a powerful indictment of street level justice at work.a--"Law and Politics Book Review"

aDoes a terrific job of laying out how the courts have conspired to limit the abortion access of teenage girls. The results are clear, convincing and enraging. . . . Silverstein has broken the silence on judicial bypass. It is now up to the rest of us to take action.a
--"New York Law Journal"

aSilversteinas book is a welcome addition because, rather than focusing on normative debates about abortion that almost anyone interested in the question is already familiar with, she focuses on how parental notification laws actually work on the ground. The book is judicious and moderate in tone. . . . A first-rate work of social science.a
--"American Prospect Online"

aThatas the law; whatas the practice? Helena Silverstein, a political scientist, surveyed the courts charged with implementing the parental bypass in Alabama, Tennessee and Pennsylvaniaa]Silversteinas findings, which range from disturbing to appalling, are set out in Girls on the Stand: How Courts Fail Pregnant Minors.a
--"San Francisco Chronicle"

In the wake of the Supreme Court's 1973 "Roe v. Wade" decision, many states tested "Roe" by placing restrictions on abortion rights. Most states now have parental consent laws for women under age eighteen. For minors who have reason to avoid parental involvement, the Supreme Court has instituted a generally welcomed compromise that allows minors to seek authorization by a third party, usually a judge. In this groundbreaking study, Silverstein demonstrates that this compromise is fatally flawed. . . . Silverstein does an excellent job of explicating the serious problems with this compromise, concluding that it is rooted in the myth that judges can be relied on to be unbiased. . . . Silverstein has produced an important contribution to women's studies and legal practice and theory.a
--"Publishers Weekly"

aHelena Silverstein's important research reveals a court system that all too often fails the most vulnerable teenagers.a
--Louise Melling, Director of the ACLU Reproductive Freedom Project

aTaking on the emotionally charged issue of mandatory parental involvement in the abortion decisions of minors and judicial bypass provisions in three states, Silverstein carefully lays out and skillfully dismantles myths that sustain support for these policies. Her prose is lucid and engaging, her argument powerful and persuasive. This book is one of the best examples of a new generation of scholarship on law and legal processes.a
--Austin Sarat, co-editor of "From Lynch Mobs to the Killing State: Race and the Death Penalty in America"

aSilverstein develops an incisive, empirically rich, and tightly reasoned case about how the beguiling amyth ofrightsa props up a fatally flawed public policy for pregnant minors. This is a veryoriginal, powerful, and important book that deserves to be read by a wide audience.a
--Michael McCann, co-author of "Distorting the Law: Politics, Media, and the Litigation Crisis"

aSilverstein's research on the by-pass protections written into parental notification legislation reveals how and why these protections provided for pregnant minors are subverted by clumsy bureaucratic procedures and by politically driven judicial decisions. In so doing, she brings empirical evidence, conceptual sophistication and extraordinary good sense to divisive controversies over reproductive rights, legality and democracy.a
--Stuart Scheingold, Professor Emeritus of Political Science, University of Washington

The U.S. Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a "bypass" of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions.

Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audaciousacts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings.

Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naAve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.

This book couldn't be more welcome, more timely. It takes an overlooked position, that abortion is not the lesser of two evils but a positive turning point in many women's lives. In addition to absorbing countless studies, Lunneborg talked with more than 100 women who have had abortions as well as with health care workers and counselors. She found that most women do not regret their decision. Many found it to be a key reassessment point in their lives: they looked at the directions their lives were heading, their relationships, their attitudes toward their bodies, their methods of birth control, and they made significant changes. Although definitely prochoice, Lunneborg's effort balances antichoice propaganda that paints women who have abortions as irresponsible and selfish, for the women Lunneborg presents are thoughtful and articulate....Lunneborg says she wrote the book to help women through the abortion decision-making process and to give health care workers and counselors more information when working with patients. But really, it ought to be required reading for anyone embroiled in an abortion debate. " Booklist"

The first book to focus on abortion decision making, this self-help counseling resource takes a decidedly positive stance. Challenging the view that abortion is the lesser of two evils, Patricia Lunneborg maintains that it is moral, life-enhancing, supportive to families, and beneficial to the lives of millions of women. Opposing public opinion that abortion is acceptable only in special cases, she contends that the best reason to have an abortion is simply the desire not to bear an unwanted child. Bashing the concept of the so-called Postabortion Stress Syndrome, she reports positive aftereffects such as feelings of relief, a new sense of control over one's life, and increased maturity. Lunneborg, a retired professor of psychology and women's studies, bases her views on over 100 interviews with women who have had abortions and with abortion providers, as well as research findings and her own experiences. What's more, in these pages she allows women who have had abortions to share what they learned about themselves, how their dreams for education and career were positively affected, how the children they chose to have are benefiting from their decision. Perhaps most important, many of the women tell of tremendous personal growth resulting from making a considered choice to have an abortion--for some, their first major decision.

Clearly stating her perspective at the outset, Lunneborg describes those who have abortions--women of all ages, ethnic backgrounds, and walks of life--and who provides the procedure. She offers strategies for making the decision, discusses teenage situations, explains how to use the experience as an opportunity for reassessment and growth, and stresses the value of talking about abortion--both for women who have had the procedure and for other people who are often unaware of the positive effects. A complete presentation, her book also sheds light on counseling before and after an abortion, contraception, family planning, the impact on education and careers, effects on relationships with others, and the work of the dedicated group of people who provide abortions. Throughout, Lunneborg's tone is conversational, warm, easy to read. Indispensable for any woman considering the procedure, Abortion: A Positive Decision also provides invaluable help to women who seek a reaffirming view of past abortion decisions, psychotherapists and counselors, and those who provide abortion services.

Here is a pioneering and revealing study of the meaning of the abortion experience for American men. The book draws on over 400 detailed surveys from men involved in an abortion, along with opinion data from secondary polls of American women.

In the 1920s and 1930s, thousands of men and women were sterilized at asylums and prisons across America. Believing that criminality and mental illness were inherited, state legislatures passed laws calling for the sterilization of "habitual criminals" and the "feebleminded." But in 1936, inmates at Oklahoma's McAlester prison refused to cooperate; a man named Jack Skinner was the first to come to trial. A colorful and heroic cast of characters-from the inmates themselves to their devoted, self-taught lawyer-would fight the case all the way to the U.S. Supreme Court. Only after Americans learned the extent of another large-scale eugenics project-in Nazi Germany-would the inmates triumph. Combining engrossing narrative with sharp legal analysis, Victoria F. Nourse explains the consequences of this landmark decision, still vital today-and reveals the stories of these forgotten men and women who fought for human dignity and the basic right to have a family.

The 1960s revolutionized American contraceptive practice. Diaphragms, jellies, and condoms with high failure rates gave way to newer choices of the Pill, IUD, and sterilization. "Fit to Be Tied" provides a history of sterilization and what would prove to become, at once, socially divisive and a popular form of birth control.

During the first half of the twentieth century, sterilization (tubal ligation and vasectomy) was a tool of eugenics. Individuals who endorsed crude notions of biological determinism sought to control the reproductive decisions of women they considered "unfit" by nature of race or class, and used surgery to do so. Incorporating first-person narratives, court cases, and official records, Rebecca M. Kluchin examines the evolution of forced sterilization of poor women, especially women of color, in the second half of the century and contrasts it with demands for contraceptive sterilization made by white women and men. She chronicles public acceptance during an era of reproductive and sexual freedom, and the subsequent replacement of the eugenics movement with "neo-eugenic" standards that continued to influence American medical practice, family planning, public policy, and popular sentiment.

"Women, Society, the State, and Abortion" takes an unbiased look at the abortion issue, examining it from a cross-disciplinary perspective comprising history, politics, law, biology, philosophy, theology, and medicine. Through application of a structuralist method of analysis, the author looks beneath the surface to determine what the real abortion controversy is all about. This insightful volume will be of interest to public officials and administrators at the federal, state, and local levels, as well as to health, education, and social service personnel who work in and around the abortion issue.

In Dershowitz on Killing: How the Law Decides Who Shall Live and Who Shall Die, Alan Dershowitz-New York Times bestselling author and one of America's most respected legal scholars-examines the subjects of death, life, and the law. Alan Dershowitz has been called "one of the most prominent and consistent defenders of civil liberties in America" by Politico and "the nation's most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights" by Newsweek. His legal career as a criminal defense lawyer has been deeply involved with death and life decisions. Dershowitz on Killing is a timely examination of issues and questions that are front and center in today's society. Employing a philosophical, moral, religious, and cultural lens to the legal aspects surrounding death and life, Dershowitz elucidates the role of government to determine who shall live and who shall die in declaring wars, ordering executions, authorizing deadly force, permitting or denying abortions, providing or mandating vaccines, controlling climate change, allowing or refusing asylum for endangered migrants, and other life and death rulings. He notes that when the government decides these choices, it is asked to do so by first determining whether a "right" is involved, because rights trump mere interest, just as constitutional restrictions trump legislative and executive actions. Dershowitz on Killing asserts that the rules governing death and life decisions should reflect the irreversibility of death. It is essential reading for anyone interested in or concerned about how these decisions are allocated among state and federal; executive, legislative, and judicial; private and governmental; religious and secular institutions-and how people in a democracy, through the power of the ballot, have the ultimate say in these critical decisions.

This book innovatively re-envisions the possibilities of sexuality education. Utilizing student critiques of programs it reconfigures key debates in sexuality education including: Should pleasure be part of the curriculum? Who makes the best educators? Do students prefer single or mixed gender classes?

South Africa’s progressive Choice on Termination of Pregnancy Act (No. 92 of 1996), which permits abortion at the request of a pregnant person in the first trimester, was hailed as transformative in terms of reproductive health and rights. Despite this promise, many challenges persist resulting in a lack of services, especially in rural areas where distances and transport costs are a factor.

Accessing abortion services in rural areas under conditions of liberal abortion legislation is neither straightforward nor simple. As the South African example shows, the liberalisation of abortion legislation was the first step in granting pregnant persons access to abortion care. Despite this and some progress in implementation, many challenges persist resulting in a lack of services, especially in areas where distances and transport costs are a factor.

Drawing on the findings of a study conducted in three rural districts of the Eastern Cape, the authors highlight the complexities involved in understanding problematic or unwanted pregnancies and abortion legislation within these communities; the reported barriers to, and facilitators of, access to abortion services among rural populations; and preferences for types of abortion services.

A key finding is the conundrum of costs versus confidentiality: lack of confidentiality involves additional costs to access services outside the area; high costs mean that confidentiality may have to be foregone, which leads to stigma. The authors place the findings within a reparative reproductive justice framework and present a comprehensive set of recommendations. Abortion Services and Reproductive Justice in Rural South Africa is an insightful and informative resource – the first of its kind –for scholars in health and sociology, health anthropology, health psychology, health sociology and social work, reproductive health policy makers, national planners, health facility managers and providers, and activists.

Based on three years of extensive fieldwork, this ethnographic study of prostitution in the metropolitan city of Dalian, China, explores the lives of rural migrant women working as karaoke bar hostesses, delving into the interplay of gender politics, nationalism, and power relationships that inhere in practices of birth control, disease control, and control of women's bodies.

Abortion in the Weimar Republic is a compelling subject since it provoked public debates and campaigns of an intensity rarely matched elsewhere. It proved so explosive because populationist, ecclesiastical and political concerns were heightened by cultural anxieties of a modernity in crisis. Based on an exceptionally rich source material (e.g., criminal court cases, doctors' case books, personal diaries, feature films, plays and literary works), this study explores different attitudes and experiences of those women who sought to terminate an unwanted pregnancy and those who helped or hindered them. It analyzes the dichotomy between medical theory and practice, and questions common assumptions, i.e. that abortion was "a necessary evil," which needed strict regulation and medical control; or that all back-street abortions were dangerous and bad. Above all, the book reveals women's own voices, frequently contradictory and ambiguous: having internalized medical ideas they often also adhered to older notions of reproduction which opposed scientific approaches.

When, God willing, the abortion controversy is behind us, partisans of the pro-life and pro-choice positions are going to have to live together in this society. That is why, sloganeering and passionate polemics are inevitable, civil conversation is essential. And that is why "The Silent Subject" is such a gift to all of us at this point in the controversy. (From the foreword by Richard John Neuhaus) The essays in this work constitute a sensitive, public argument for a reconstruction of the confused--yet dominant--popular attitudes toward nascent human life and its value. Unlike most pro-life arguments, it offers no strictly religious or exclusively sectarian warrants for its assertions - instead bearing a more secular cast, speaking to a generalized and pluralistic audience. As a whole, "The Silent Subject" embraces no specific, particular political ideology. Its contributors have a broad spectrum of professional interests, political perspectives and social philosophies - all of which indicates the fundamentally humanistic and apolitical nature of concern for the unborn and the degree to which they are esteemed. This unusual book is a refreshingly candid and morally compelling analysis of the social forces that superintend our cultural outlook toward unborn human life.

"Abortion 101, an accessible account of abortion practices and ethical issues around the globe, for students, activists, and policymakers"

Deeply touched by the tragedies of botched abortions that they witnessed as medical students and young physicians in Chile in the 1940s and later around the world, the authors have attempted in their professional lives and now in this book to establish a framework for dialogue to replace the polarization that exists today.

Doctors Faundes and Barzelatto use their decades of international work to document the personal experiences of different classes of women in different countries and those countries' policies and practices. No other book provides such a comprehensive and reasoned examination of the entire topic of abortion, from the medical to the religious and ethical and from the psychological to the legal, in plain language understandable by non-specialists.

The central thesis is that there are too many induced abortions in the world today, that most are preventable and should be prevented--a middle ground that both pro-life and pro-choice advocates can accept. The first part of the book reviews why women have abortions, as well as the magnitude and consequences. The second part examines values. The third part discusses effective interventions. The final part states conclusions about what can be done to reach a necessary social consensus.

The Portuguese edition of this book was issued at the very end of 2004. The Spanish edition, launched in mid-2005, is already in a second printing. The authors are making presentations at special events sponsored by universities, professional associations, and feminist networks in Argentina, Chile, Mexico, Peru, Uruguay, Colombia, the Dominican Republic, and the United States.

The question of whether a young woman should be allowed to terminate a pregnancy without her parents' knowledge has been one of the most contentious issues of the post Roe v. Wade era. Parental involvement laws reach to the core of the parent-teen relationship in the highly contested realm of adolescent sexuality. This is the first book to examine in thorough detail the decision-making experiences of teens considering abortion. Shoshanna Ehrlich evaluates the Supreme Court's efforts to reconcile the historically based understanding of teens as dependent persons in need of protection with a more contemporary understanding of them as autonomous individuals with adult-like claims to constitutional recognition. Arriving at a compromise, the Court has made clear that, like adult women, teens have a protected right of choice, but that states may impose a parental involvement requirement. However, so that parents are not vested with veto power over their daughters' decisions, young women must be allowed to seek a waiver of the requirement. Integrating a wealth of social science literature, including in-depth interviews with 26 young women from Massachusetts who obtained court authorization for an abortion, the book raises important questions about the logic of a legal approach that requires young women to involve adults when they seek to terminate a pregnancy, but that allows them to make a decision to become mothers on their own.

Perspectives on the Politics of Abortion examines the abortion issue from ethical, empirical, and legal angles and offers some rather unconventional analyses and surprising conclusions with regard to this familiar issue. One chapter argues that the emphasis on "rights" has made illegal and occasionally violent activity on the part of pro-life activists increasingly likely. Another chapter suggests that abortion is an instance of the more general right to self-defense. A chapter considers the problem of abortion from the standpoint of participants in the political process. And chapters examine the political tactics of the Roman Catholic Church and abortion rights in terms of constitutional due process. This important volume adds new voices and perspectives to the abortion debate.

This work provides the first broadly based documentation and analysis of the evolution of abortion from criminal act to personal choice. The author places the abortion question in the wider context of change in the social realm and in law, politics, economics, and medical practice. Dealing with the confrontation between pro-life and pro-choice groups, Davis analyzes feminist interpretations of abortion reform and discusses efforts to create a human-centered procedure that will benefit women themselves rather than doctors or clinic managers. Other important issues covered include the historical inconsistency of abortion laws and their enforcement; social and institutional support systems before and after legalization; social policy and abortion; the effects of legalized abortion on women's kinship ties; the Equal Rights Amdendment; and biological politics.

Red Families v. Blue Families identifies a new family model geared for the post-industrial economy. Rooted in the urban middle class, the coasts and the "blue states" in the last three presidential elections, the Blue Family Paradigm emphasizes the importance of women's as well as men's workforce participation, egalitarian gender roles, and the delay of family formation until both parents are emotionally and financially ready. By contrast, the Red Family Paradigm--associated with the Bible Belt, the mountain west, and rural America--rejects these new family norms, viewing the change in moral and sexual values as a crisis. In this world, the prospect of teen childbirth is the necessary deterrent to premarital sex, marriage is a sacred undertaking between a man and a woman, and divorce is society's greatest moral challenge. Yet, the changing economy is rapidly eliminating the stable, blue collar jobs that have historically supported young families, and early marriage and childbearing derail the education needed to prosper. The result is that the areas of the country most committed to traditional values have the highest divorce and teen pregnancy rates, fueling greater calls to reinstill traditional values.
Featuring the groundbreaking research first hailed in The New Yorker, this penetrating book will transform our understanding of contemporary American culture and law. The authors show how the Red-Blue divide goes much deeper than this value system conflict--the Red States have increasingly said "no" to Blue State legal norms, and, as a result, family law has been rent in two. The authors close with a consideration of where these different family systems still overlap, and suggest solutions that permit rebuilding support for both types of families in changing economic circumstances.
Incorporating results from the 2008 election, Red Families v. Blue Families will reshape the debate surrounding the culture wars and the emergence of red and blue America.

Northern Ireland stands out as having enacted historical positive change in abortion law, from an almost complete ban in the 20th century to the decriminalization achieved in 2019. This book documents and analyzes how this historical change was achieved. Each chapter is written by those directly involved in the long-fought battle to change abortion law - including those with personal experience of seeking abortions, activists, academics, legal experts, political actors, NGOs, and volunteers. In this, the first of two volumes, contributions focus on the legislative landscape of the process with particular emphasis on the importance of 'feminist legal work' - law-making influenced by the women most likely to be impacted by it.

In brief, concise chapters, this volume considers the status of abortion in Europe today. Each chapter provides an overview of abortion in the subject country, including the historical background; the current legal, medical, and social situation; and the political forces for and against abortion. In an introductory chapter, the editors consider the issues pertaining to abortion in the aftermath of the Cold War. The volume then includes chapters on Austria, Belgium, Britain, Bulgaria, the Czech and Slovak Republics, Denmark, Finland, France, Germany, Hungary, Ireland, the Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland, and the former Soviet Union. Each chapter was written by an authority of the country, and the contributors were asked to answer a specific set of questions concerning the law in the subject country, abortion in practice, the politics of abortion, and the future. The approach makes the book a valuable tool for comparative analysis.

This book explores the experiences of pregnant teenagers, their partners, and midwives, from pregnancy realisation through the early years of motherhood. It examines changing attitudes to female sexuality and moral discourses on adolescent subjectivity especially as these pertain to teenage motherhood.

Southeast Asian sex workers are stereotypically understood as passive victims of the political economy, and submissive to western men. The advent of HIV/AIDS only compounds this image. Sex Work in Southeast Asia is a cultural critique of HIV/AIDS prevention programmes targetting sex tourism industries in Southeast Asia.

eBook available with sample pages: 020346267X

Every year approximately 180,000 women undergo abortions. Making the decision to terminate a pregnancy is both difficult and painful. Written for professionals who provide support and information to women faced with this decision, this text covers the key elements which make up good practice. Using case examples, Joanna Brien and Ida Fairbairn examine the wider issues that contribute to an unwanted pregnancy and the client's decision about termination. They provide information on how to answer questions regarding methods of abortion and the development of the foetus, and give advice on how to structure sessions to meet the particular needs of each client. Guidance is given on dealing with special situations, such as a client who is HIV positive, a victim of rape or suffering from depression. Drawing the distinction between "social" and "medical" terminations, the authors examine the various methods of screening and types of foetal abnormality that can be detected. A chapter devoted to counselling after abortions focuses on the client's experience of loss and the difficulties of coming to terms with her decision.

If you've had an abortion and are feeling isolated and vulnerable, Experiencing Abortion will remind you that you are not alone and that you must feel your emotions in order to accept your choice and heal. Each woman responds to abortion in her own way, yet, as this sensitive, insightful book shows, there are many similarities among women's post-abortion emotions. Sharing in the firsthand, personal experiences of other women who speak for themselves in this book will help you come to terms with anguish, stress, grief, anger, or any other overwhelming emotions you might be feeling. Don't go on ignoring or blocking out your feelings. Learn to incorporate your experience into your sense of self in a healthy way.By reading Experiencing Abortion, you will learn about the multiple feelings and reactions abortion can trigger, the process of accepting an abortion, and the struggle to control fertility without treating your body as an enemy. Offering you a safe, honest, and supportive environment in which to explore your feelings about your abortion, this book discusses many important topics, including: the way moods can overtake you after abortion how avoiding your experience can defer acceptance, which in turn leads to denial and guilt how pregnancy, abortion, and subsequent bleeding can affect your perception of your body the struggle to enjoy sex after your abortion your heightened awareness of gender after an abortion how your intimate relationships may change after an abortion the psychological reasons you may sometimes forgo birth control accepting yourself after a second abortionExperiencing Abortion will help women who have had an abortion understand that it is a complex physical and emotional experience that doesn't necessarily end after a week or a month or a year. It will also help professionals in abortion facilities and therapists who offer pre- and post-abortion counseling understand how abortion affects each individual differently and how they might help women work through their feelings both before and after abortion. Partners, friends, and families will find this book helpful and informative as they try to help their loved one get through this sometimes difficult, even traumatic, experience.