THE INTERIM

back August 1997
Winnifride Prestwich

Have any Supreme Courts outside of Canada supported those people who object to paying for abortions? J. McD. Alberta

I can give two examples. In June 1980, the US Supreme Court, in two companion cases (Harris v. McRae and Williams v. Zbaraz), ruled that neither the states nor the federal government need fund abortions through programs that subsidize other medical treatment. Justice Potter Stewart, writing for the majority said: "Abortion is inherently different from other medical procedure, because no other procedure involves the purposeful termination of a potential life." Justice Stewart was joined in the decision by Chief Justice Burger, and associate justices White, Rehnquist and Powell. The dissenting justices were Brennan, Marshall, Blackmun and Stevens, each of whom filed a dissent.

Amongst the significant points made by Stewart are:

(a) The Medicare Act does not oblige the states to pay for abortions;

(b) the right to choose abortion does not create a right to have abortions paid for with public funds.

(N.B. This information comes from an end note (p. 223-2?) in The Second American Revolution, by John W. Whitehead. Footnotes and end notes are often sources of invaluable information not easily found elsewhere).

During a discussion with pro-life friends recently two questions were raised: which Western nation was the first to legalize abortion? Where in the US was some abortion legal before Roe v. Wade in 1973? S.C. Mississauga

1. In 1938, Sweden became the first free Christian nation to legalize abortion.

2. The Criminal Code in the USA is in the jurisdiction of the states, not (as in Canada) of the federal government. I do not know the history of abortion laws in 50 states, but the following facts answer your question at least in part. In 1967, California, Colorado, and North Carolina passed legislation allowing some abortions. In 1970, Alaska, Hawaii, Washington and New York states passed even more liberal laws.

In 1973 in its decision in Roe v. Wade, the US Supreme Court took it upon itself to overturn by 'judicial fiat' the laws of 50 states. The state laws had been passed by legislators elected by the public, and answerable to the people; the laws were overturned by nine judges (actually by seven of the nine) elected by, and answerable to, no one. The Roe v. Wade decision was savagely attacked even by so-called "pro-choice" legal experts.

In his book Abortion and the Conscience of the Nation, Ronald Reagan says: "Our nation-wide policy of abortion on demand through all nine months of pregnancy was neither voted for by our people nor enacted by our legislators - not a single state had such unrestricted abortion before the Supreme Court decreed it to be national policy in 1973."

It is not only in the United States that the Courts are dictating policies that invalidate laws passed by democratically elected legislators. Keep your eyes on Canadian courts.

Please settle some arguments regarding the 1969 Abortion Law.

1. Did any NDP member vote against abortion?

2. What percentage of Liberals, NDP, and P.C. parties voted for abortion?

3. Did any party leader vote pro-life? J.S. Nepean.

1. Yes, one NDP did vote against abortion. John Burton, the MP for Regina East voted pro-life. Fifteen other NDP members (including Ed Broadbent, David Lewis - father of Stephen, Stanley Knowles, and Ed Schreyer) voted for abortion.

2. Percentage of party vote for abortion:

Liberal 97.7 per cent, NDP 93.7 per cent, Progressive Conservative 19.3 per cent, Ralliement Créditiste, zero

3. Two party leaders voted against abortion: John Diefenbaker P.C.; and Réal Caouette, R. Cr. (They also opposed legalizing homosexuality for "consenting adults").

Other points: The two Liberal MPs who defied Pierre Trudeau and voted pro-life were: John Reid, Member for Kenora-Rainy River; and Ralph Stewart, Member for Cochrane.

The Créditistes fought tooth and nail against the bill, and were scorned for their efforts; but all they foretold has come to pass.

I think Réal Caouette's remark to the House of Commons is worth remembering - "whether they admit it or not, when passing this legislation on abortion, this Government legalizes murder."



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