An exploratory examination of attitudes toward illegal abortion in the U.S. through endorsement of various punishments

Contraception. 2023 May:121:109952. doi: 10.1016/j.contraception.2023.109952. Epub 2023 Jan 11.

Abstract

Objectives: We examined people's (1) attitudes about abortion using an item from Pew Research Center (i.e., whether abortion should be legal in all cases, legal in most cases, illegal in most cases, or illegal in all cases) and (2) support for different punishments if abortion were illegal in all cases for different people involved in the abortion-the pregnant person, their partner, an informant and the healthcare provider.

Study design: We administered a web-based survey to 2,204 U.S. adults using quota-based sampling. Post-stratification weights were applied to the data so that the sample was comparable to U.S. benchmarks for gender, race, Hispanic ethnicity, age, education, and political affiliation. We compared endorsement of various punishments for a pregnant person, their partner, informant, and healthcare provider. Additionally, we compared the endorsement of these punishments across response options of Pew's abortion legality item.

Results: Overall, most of our sample indicated that abortion should be legal in most (34%) or legal in all scenarios (21%). However, if abortion were illegal in all circumstances, most of our sample supported some form of punishment for the pregnant person (72%-75%), their partner (65%-68%), and healthcare providers (70%-71%), but not informants (47%-49%). Among the endorsed punishments, therapy/education typically received the most support.

Conclusions: Because of the Dobbs v. Jackson Women's Health Organization decision and the subsequent overturning of Roe v. Wade, abortion is illegal in a significant number of states and a punishable offense. Our findings suggest that current punishments associated with many of these laws are counter to public sentiment.

Implications: Despite majority support for some punishment, the categories of "no punishment" or therapy/education had the most support. Given the lack of plurality or majority support for fines or incarceration, abortion laws including these punishments, including bounty-style laws passed in Texas and Oklahoma, may be out of step with public opinion.

Keywords: Abortion attitudes; Abortion legislation; Abortion restrictions; Legality; Punishment.

Publication types

  • Research Support, Non-U.S. Gov't

MeSH terms

  • Abortion, Criminal*
  • Abortion, Induced*
  • Abortion, Legal
  • Adult
  • Attitude
  • Female
  • Humans
  • Pregnancy
  • United States
  • Women's Health