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Disclosure Two Ways

Published online by Cambridge University Press:  01 January 2021

Erin B. Bernstein
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Extract

In the past two decades, courts and scholars have grappled with the appropriateness of pre-abortion disclosures mandated by the state. Statutes requiring physicians to recite a specific script, often detailing potential psychological “risks” of choosing to terminate a pregnancy, have proliferated nationwide over the past decade. Opponents of such laws have sometimes characterized the requirement of a procedurespecific disclosure as unnecessary and unique to the abortion context. In recent years, however, state legislatures supportive of abortion rights have legislated procedure-specific mandatory disclosures in the context of assisted reproduction and other health care procedures with reproductive health impacts.

Type
Symposium
Information
Journal of Law, Medicine & Ethics , Volume 43 , Issue 2 , Summer 2015 , pp. 245 - 254
Copyright
Copyright © American Society of Law, Medicine and Ethics 2015

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References

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While a full explication of the crisis pregnancy center disclosure laws is not within the scope of this Article, it is important to note that while the Casey court permitted a State to convey its position on abortion in communications incidental to the disclosure requirement, courts have expressed some discomfort as to whether a disclosure mandate may convey the State's interest in expedient and professional conveyance of abortion care.Google Scholar
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