History of pre-Roe America shows a path forward

What comes next now that the Supreme Court's decision has thrust abortion policy back to state legislatures, where it was controlled for over a century before the court nationalized abortion rights in Roe v. Wade in 1973, may be shaped by our understanding of that history.

Despite periodic reform campaigns, draconian abortion laws seemed nearly immune to change from the 19th century to the 1960s. But in the second half of that decade, activists succeeded at decriminalizing abortion or loosening restrictions in 17 states and Washington, D.C.

This history shows how effective a diverse political coalition can be when it throws everything it has at a problem — from disruptive civil disobedience, to demonstrations of commitment by people of faith, to tireless lobbying. Most importantly, these past victories teach that grassroots organizing and political mobilization work.

As activism to change abortion laws gained steam, the movement began winning what had earlier seemed like impossible victories. In 1965, a state legislator introduced the first bill in New York's modern history to liberalize the state's 1828 abortion law. It would have merely expanded the grounds on which a physician could grant an abortion. Even so, the legislature never seriously considered it.

Just five years later, however, on July 1, 1970, New York began to implement the most liberal abortion reform law in the United States and, according to the then head of the Planned Parenthood Federation of America, the most liberal in the world.

What drove this seismic change? In a word: activism.

Some of the mobilizing was deeply anti-establishment. It came from the socialist wing of the feminist movement and from radicals who cut their teeth on in-the-streets battles for Black civil rights and against the war in Vietnam. In February 1969, these feminists protested inside and outside of legislative hearings on abortion.

A month later, in March 1969, Redstockings members countered this hearing with a "speak-out" at a Manhattan church where women shared their own abortion experiences. Doing so embodied the feminist movement's creed that the personal was political. Sharing what was considered strictly private, even shameful, enabled women to see that many had had similar experiences.

This realization led to another epiphany: Many of the worst obstacles to seeking an abortion were not one's own faults or bad luck but were structural — products of a system that, in their view, advantaged men and disadvantaged women. As journalist and activist Susan Brownmiller wrote about this first-ever speak-out on abortion: "For three hours," women "testified from their own experiences with unwanted pregnancy and illegal abortion."

But much of the grassroots work that changed abortion policy came from feminists who worked within the system of law and governance — working in parallel to radical feminists who were trying to force change from the outside. Members of the National Organization for Women (NOW) like my mother, Beatrice Kornbluh Braun, had a more mainstream strategy and arguably just as big an impact. My mother was the only attorney on the abortion committee of the New York NOW chapter and wrote the first draft of the law that the state legislature ultimately passed. In fact, she outlined the bill that became the favorite of the radicals: It would have removed abortion entirely from state regulation — a standard that, even today, only four states and D.C. have achieved.

NOW members, and proponents of abortion decriminalization in both parties with whom they worked closely, protested peaceably, organized information nights at local political clubs, published broadsides about abortion as a fundamental element of women's civic equality with men and threatened their representatives with punishment at the polls if they did not change their positions. They lobbied in the state capitol and in local political offices. They were just as uncompromising in their efforts as the radicals even though their tactics were more mainstream.

The two schools of activists won because they were relentless and worked both in parallel and jointly toward the same end. When radical feminists held headline-grabbing events like an abortion speak-out, for example, they helped make the previously private issue a public matter. Legislators, in turn, began getting questions about their stances on legal abortion for the first time, and many came out for liberalization because they had received countless letters (organized by liberal feminist groups like NOW) from constituents favoring legalization.

In many places, these law-reform campaigns were nearly conterminous with a rising feminist movement. They made abortion an urgent subject of activism at the same time that it became an object of state legislation.

When state legislative efforts hit major roadblocks, activist lawyers began bringing federal court cases that ultimately laid the foundation for Justice Harry Blackmun's majority opinion in Roe. These court cases are what we remember, not the broad and sustained feminist activism at the grassroots that preceded these challenges. But when seven justices of the U.S. Supreme Court made abortion legal under most circumstances in the first two trimesters of a pregnancy, they did so in response to a massive, diverse movement that had spent years organizing and demanding recognition.

With the issue now returning to the states, this history of activism offers a blueprint for the future — and a reminder that none of us has to accept limits on access to safe, legal abortion.