19th Century Abortion Laws: A Look at Gendered Control in America

The complexities of reproductive rights have been a recurring theme throughout American history, with the legal system often serving as both a reflection and a shaper of societal norms. Kate Masur, a leading historian specializing in 19th-century law and politics, shed light on this intricate relationship during her 2025 Fulton Lecture in Legal History. Focusing on the legal and cultural history of abortion in America, Masur delved into the fascinating case of State v. Howard, a 1859 Vermont Supreme Court decision that profoundly impacted the understanding of abortion within the legal framework.

A Glimpse into the Past: The Case of State v. Howard

The lecture centered around the 1859 Vermont Supreme Court case, State v. Howard, which revolved around the state's 1846 abortion criminalization statute. Through this lens, Masur meticulously examined how the legal system and prevailing social norms intertwined to reinforce patriarchal ideas about women's bodies, sexuality, and gender roles in society. The case involved a local physician accused of performing an illegal abortion on a young woman who tragically died during the procedure.

The legal battle that ensued centered around whether the doctor could be convicted under the 1846 statute if the fetus may have already been dead at the time of the abortion. His defense attorneys argued that the state had failed to prove otherwise and asserted that he had acted in his patient's best interest. Despite these arguments, the doctor was convicted, and the Vermont Supreme Court affirmed the verdict.

The Intersection of Law and Culture

Masur highlighted that the State v. Howard decision reflected the cultural and political environment of its time. She emphasized that abortion criminalization was not primarily aimed at protecting fetal life but rather at ensuring that women adhered to the rigid gendered social norms prevalent during the period. It served as a tool to prevent women from escaping the responsibilities and duties associated with motherhood, effectively controlling their reproductive choices.

The case also underscores the complex relationship between law and culture in shaping societal perceptions. The legal system acted as a conduit for reinforcing existing social norms, while simultaneously reflecting the prevailing attitudes towards women's roles and reproductive rights.