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Some State Abortion Limits Allow Rape, Incest Exceptions Indiana News Best States News Home
Some State Abortion Limits Allow Rape, Incest Exceptions
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The U.S. Supreme Court’s decision to throw out Roe v. Wade last month and an Ohio 10-year-old who was forced to leave the state in order to obtain an abortion after police say a man raped her are focusing new attention on state abortion restrictions that allow exceptions in cases of rape or incest.
Some State Abortion Limits Allow Rape, Incest Exceptions
HARRISBURG, Pa. (AP) — The U.S. Supreme Court's decision to throw out Roe v. Wade last month and an Ohio 10-year-old having subsequently been forced to leave her home state in order to obtain an abortion after police say a man raped her have drawn new attention to how some state restrictions on abortion allow exceptions in cases of rape or incest.
The girl's pregnancy was apparently too far along to permit an abortion in Ohio, where there are not exceptions for rape and incest, so she instead received an abortion in Indiana .
The dilemma that the child and her family faced, and similar decisions playing out quietly in communities across the country, have been made more common and more consequential in the wake of the high court's decision.
While many states with abortion access limits in place do have exceptions for victims of rape or incest, that's not the case in about a dozen states — most of them located in the South.
The girl's mother notified child welfare authorities on June 22 she had been attacked, a detective testified this week at a court hearing for the 27-year-old man accused of raping her. An Indianapolis physician said the girl underwent an abortion in Indiana on June 30.
Ohio had been among the states that had abortion bans or nearly total bans on the books before the Roe v. Wade decision was issued on June 24. In its wake, an Ohio judge lifted a stay on the new law, which does not allow abortions after cardiac activity is detected.
The Ohio abortion law permits abortion when a woman's life is threatened or if she faces a serious risk of substantial and irreversible impairment of a major bodily function.
The high court decision revived some previously dormant state laws and also put into place more recent legislation that had been designed to take effect if and when Roe v. Wade were to be invalidated. Litigation around the country is also shaping abortion policy, and state lawmakers and governors are pushing to add or revise existing exceptions.
The changing legal landscape of state abortion restrictions and regulations currently includes places with very few exceptions for abortion, including Texas and Missouri .
In at least three states — Utah , Mississippi and Oklahoma — there are laws stating a woman who has been raped can obtain an abortion only if she has made a police report. Unusual among states with rape exceptions, Mississippi does not permit abortion in instances of incest.
The most common exceptions to abortion restrictions are for when a mother’s life or health are seriously endangered. They can take effect when needed to save a mother’s life, when she is at risk of death or serious impairment or if she could suffer an irreversible health impairment.
Some states that restrict abortion allow if the fetus has a serious or fatal — and confirmed — health anomaly. In some cases, the medical necessity of an abortion for the mother must also be documented, sometimes by multiple health care providers, hospital administrators or lawyers.
The process to document a woman's health status can slow her care, adding to risk, said Ianthe Metzger with Planned Parenthood Federation of America.
“This care is happening in the moment, right now, and the doctor is trained to provide the care,” Metzger said. “They know what they need to do, they know how to help these patients.”
The Biden administration recently said federal rules require hospitals provide abortions if necessary to save a mother’s life, even when state law mostly bans the procedure.
National Right to Life, a prominent anti-abortion group, supports exceptions only when the mother's life is in danger, which Ohio permits. Organization President Carol Tobias said the risk of any 10-year-old giving birth would likely qualify.
“We are not going to ask a mother to give up her life for her baby,” Tobias said. “I don't know that we have ever supported a ‘no exceptions’ bill and I don't know that we would.”
Planned Parenthood officials, however, say they know of no state restrictions on abortion providing an exception that has anything to do with age, and that exceptions drafted by those opposed to abortion are often very narrow by design.
Children have a fraction of all abortions. In Ohio, 52 children under the age of 15 received abortions in 2020, according to the Ohio Department of Health. That figure was as high as 182 in 2010, but like abortions in the state overall, it has since fallen significantly, the report said.
Tobias said that, taken together, abortions to save a mother's health or life, or after cases of rape or incest, probably amount to 1%-2% of all abortions in the United States.
Planned Parenthood says such statistics do not take into account that sexual violence is considerably underreported and that some states do not require or collect data from women about why they sought the procedure.
The list of exceptions to otherwise restrictive anti-abortion laws has been growing, Metzger said.
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Gemma Wellwerts holds a flag during the March for Life rally outside of the Utah Capitol in Salt Lake City on Saturday, Jan. 22, 2022.
Nearly half of Utahns say abortion should only be legal in cases of rape, incest and threats to the health of the mother, according to a new Deseret News/Hinckley Institute of Politics poll.
Moreover, 38% of the 808 registered Utah voters who responded to the recent public opinion poll said the state should determine laws regarding abortion, although 31% said government should not be involved in health care decisions. Twenty-five percent said the federal government should determine abortion laws.
The poll was conducted May 7-13, which was after the leak of Supreme Court Justice Samuel Alito’s draft opinion that indicated the possibility that Roe v. Wade, the landmark Supreme Court ruling that found the U.S. Constitution protected a woman’s right to an abortion prior to the viability of the fetus, could be overturned.
Phillip Singer, assistant professor of political science at the University of Utah, whose research is focused on health and public health policy and politics in the United States, said the poll results reflect the complexity of the issue and as well as Utahns’ divergent views.
“More than a third of respondents think that abortion should be legal in some or in all cases. The vast majority of the remaining respondents think that it should be legal with some restrictions around the health of the mother, incest or rape. So I think that just highlights kind of the complex nature of abortion legislation and abortion opinion here in the state of Utah,” he said.
The poll has a margin of error of 3.46 percentage points.
Over the past 30 years, polls taken at different points in time suggest a “crystallization of opinion in this shift overall towards further restrictions on abortion, making it, you know, illegal in all or in most cases,” Singer said.
According to the poll results, 16% of people surveyed said abortion should be legal in all cases while 10% said it should illegal in all cases.
A combined 37% said abortion should either be legal in all cases, up to about 23 weeks of pregnancy or during the first trimester.
Support for policies that permit abortion only in cases of rape, incest and threats to the health of the mother was highest among respondents ages 57 and older, with 56% indicating that as their preference.
Karrie Galloway, CEO and president of Planned Parenthood Association of Utah, said higher rates of opposition among a cohort that lived in a time when abortion on demand was not available and then became available under the Roe v. Wade decision, was somewhat surprising.
“Maybe it’s hard to remember. I would be very surprised that they would not have the compassion for what people go through,” she said.
Hundreds rally for abortion rights at the Utah State Capitol in Salt Lake City on Tuesday, May 3, 2022.
Among people ages 18-24, 29% said abortion should be legal in all cases. Sixteen percent said abortion should be legal to the point of viability, approximately 23 week of pregnancy, and 12% said should be legal during the first trimester.
However, 12% of people surveyed who are ages 18-24 and also those ages 25-40 — what are typically considered child-bearing years — said it should be illegal in all cases. That was higher than respondents ages 41-56 and those age 57 and older. In both of those groups, 8% said said abortion should be illegal in all circumstances.
The youngest cohort also had the strongest opposition to government involvement in health care decisions, with 38% saying government should have no role.
Overturning Roe would put the issue in the hands of state legislatures.
In Utah, a Supreme Court decision that overturns Roe would trigger SB174 , passed by the Utah Legislature in 2020. The legislation, sponsored by Sen. Dan McCay, R-Riverton, prohibits elective abortion but would allow procedures in instances of rape or incest, risk to the mother’s life and certain fetal defects.
McCay said it is premature to discuss Utah’s abortion policy until the Supreme Court rules on Dobbs v. Jackson Women’s Health , which centers on a Mississippi law banning all abortions over 15 weeks gestational age except in medical emergencies and in the case of severe fetal abnormality. 
“Once that decision is made, we’ll be in a good situation to assess where we are and the intended or unintended consequences come as a result of SB174,” he said.
The results of the Deseret News/Hinckley Institute of Politics poll “definitely validate that the state has a policy that the public can support. Whether that policy continues or changes in the future, we don’t know, but if you think the Supreme Court makes its decision, and if a ban on abortion or more restrictive controls on abortion would be appropriate, then I think this policy going into place, it shows that we’re in a pretty good spot from the public and public support,” McCay said.
Galloway said the association’s own polling and recent national polls indicate much stronger support for Roe v. Wade.
A Wall Street Journal/National Opinion Research Center poll released earlier this week found 68% of respondents think the ruling legalizing abortion nationwide should not be overturned — up 10 percentage points from a year ago. Thirty percent said the justices should strike it down.
Meanwhile, a recent Gallup poll showed that 55% of Americans identify themselves as “pro-choice,” up from 49% last year and the most since 56% identified as such in 1995.
Like McCay, Galloway said she is anxiously anticipating the Supreme Court’s ruling and what it will mean for Utah women who turn to Planned Parenthood for help. Work is underway to ensure patients continue to have access to comprehensive health care “if it doesn’t go the way we may have hoped,” she said.
“Luckily, Utah has states to the east and the west of us that are more compassionate about their health care services,” she said.
Galloway said she finds it “so hypocritical” that the Utah Legislature “was willing to make decisions for pregnant people on how to handle that pregnancy, but has over and over again refused to pass legislation or even consider legislation that would enable them to control their reproductive lives.
“I think of especially expanding Medicaid for low-income people to pay for family planning, health care, and three years in the row, the Legislature has never even brought it out of committee.”
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A Michigan mom who fell in love with her biological son says a rare “genetic” phenomenon is responsible for their red-hot romance.
Kim West, 57, got pregnant as a teenager, and gave up her baby boy, Ben Ford, for adoption in the mid-1980s.
Ford, who is now 38, tracked down his mother eight years ago, and the pair formed a close bond. Things quickly turned sexual, and they went public with their incestuous relationship in 2016, with West boasting she had “mind-blowing sex” with her son.
The couple has subsequently kept a low profile in a bid to avoid being prosecuted for their illegal sexual relations, but say science is the reason they can’t keep their hands off each other.
“This is not incest, it is GSA. We are like peas in a pod and are meant to be together,” West declared to New Day, speaking about a phenomenon known as “genetic sexual attraction.”
The phenomenon was first identified back in the 1980s by Barbara Gonyo, a woman who ran a Chicago-based support group for adoptees and their newfound relatives. She coined the term “GSA” after noting that numerous people associated with the group became sexually attracted to their family members when they first met as adults. 
Psychologist Corinne Sweet previously told New Day that she has come across the phenomenon while treating patients who had been in foster homes.
“At a genetic level, we are conditioned to find people who look like us attractive,” Sweet stated. “We have an almost tribal connection with family members with similar features. At the same time, people who are adopted or fostered feel deeply rejected. They have experienced a profound wound which isn’t easily healed.”
She further explained: “So when a son meets his birth mother, he feels a great rush o
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