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Refusal to Dispense Abortifacients
Introduction:
Birth control pills, Depo-provera injections, and Norplant implants achieve
their anti-fertility effects primarily by causing temporary sterilization,
secondarily by causing abortion by preventing the implantation of the approximately
week old human from successfully attaching or "implanting" into the wall
of the mother's womb, and thirdly by acting as a contraceptive barrier
to sperm by thickening the cervical mucous. That some drugs promoted as
contraceptives may really cause abortion has not been clear to many Americans
for whom abortion presents serious moral questions.
Background
of the Pill: Gregory Pincus, co-developer of the Pill,
credits a visit from Planned Parenthood's founder Margaret Sanger who promised
research money for the development of the Pill! 1
Sanger, who supported abortion, was concerned about developing a Pill as
a means of curbing the "population explosion." 2
Like Sanger, Pill supporters who shared Sanger's demographic concerns,
such as Dr. Robert Kistner of Harvard, were less concerned about means
than ends: "Our efforts to control population growth should not lead to
mass guilt about methodology. It would be tragic if an effective postcoital
pill or long-term progestational agent were declared illegal because of
its abortifacient effect." 3
Conflict
of Values: Guilt would be a problem for some. In 1962
Dr. Mary Calderone, then Medical Director of Planned Parenthood, said that:
"if it turns out that these intrauterine devices operate as abortifacients,
not only the Catholic Church will be against them, but Protestant churches
as well." 4 Legal
problems existed because the language of pre-Roe anti-abortion laws was
such that the "broad language of statutes and cases would suggest that
to use pre-implantation means on a pregnant woman would be unlawful...
manufacturers, distributors or sellers of the pre-implantation means might
be prosecuted under statutes prohibiting the manufacture, distribution,
or sale of abortifacients." 5
Technology
Meets Biology: Planned Parenthood's Dr. Abraham Stone
noted in 1952 that any mechanical, chemical or "biologic method[s] that
would prevent ovulation or fertilization merely prevent life from beginning....
Measures designed to prevent implantation fall into a different category.
Here there is a question of destroying a life already begun." 6
The federal Department of Health, Education and Welfare also acknowledged
this in a survey of birth control research: "All of the measures which
impair the viability of the zygote at any time between the instant of fertilization
and the completion of labor constitute, in the strict sense, procedures
for inducing abortion . Administration of compounds whose mechanism of
action is of this character to man either as an investigative procedure
or as a practical birth control technique poses legal questions that have
as yet not been resolved." 7
The problem was that most of the promising research included anti-implantation
or abortion causing actions. 8
Facts
vs. Semantics: With biology such a stubborn thing, Pill
promoters turned to semantics for a solution. Swedish researcher Bent Boving,
at a 1959 Planned Parenthood-Population Council symposium noted that: "Whether
eventual control of implantation can be reserved the social advantage of
being considered to prevent conception rather than to destroy an established
pregnancy could depend upon something so simple as a prudent habit of speech." 9
The advice was not isolated. At the 1964 Population Council symposium Dr.
Samuel Wishik pointed out that acceptance or rejection of birth control
would depend on whether it caused an early abortion. Dr. Tietze, of Planned
Parenthood and the Population Council, suggested, as a public relations
ploy, "not to disturb those people for whom this is a question of major
importance." Tietze added that theologians and jurists have always taken
the prevailing biological and medical consensus of their times as factual,
and that "if a medical consensus develops and is maintained that pregnancy,
and therefore life, begins at implantation, eventually our brethren from
the other faculties will listen." 10
In 1965 the American College of Obstetrics
and Gynecology (ACOG) responded with its own semantic answer: CONCEPTION
is the implantation of the fertilized ovum." 11
Not everyone accepted these manipulations. Dr. Richard Sosnowski said he
was troubled "that, with no scientific evidence to validate the change,
the definition of conception as the successful spermatic penetration of
an ovum was redefined as the implantation of a fertilized ovum. It appears
to me that the only reason for this was the dilemma produced by the possibility
that the intrauterine contraceptive device might function as an abortifacient. 12
The
Pill and Abortion: The federal Food and Drug Administration
approved the Pill for Limited use in 1960. First generation Pills allowed
ovulation in 6.8% of menstrual cycles. 13
(Because of health problems, the Pill's high levels of estrogen were reduced,
but less estrogen allows greater breakthrough ovulation.) After much study
a 1969 FDA Advisory Committee said the Pill's "high degree of contraceptive
effectiveness [was] brought about through interference with several phases
of the reproductive process. an influence on the hypothalamus... is probably
responsible for the... inhibition of ovulation.... The second major
effect is on the endometrium. The progestin acts as an antiestrogen causing
alteration in endometrial glands and as a progestin, causing pseudodeci-dual
reactions. Both of these alter the ability of the endometrium to participate
in the process of implantation." (Emphasis added.) Longtime Planned
Parenthood associate Dr. Lewis Hellman chaired the advisory committee,
and Dr. Christopher Tietze of Planned Parenthood and the Population Council
was a committee member along with other Planned Parenthood members. 14
And former Planned Parenthood President Dr. Alan Guttmacher is also on
record as recognizing the triple mode of action for the Pill. 15
Pill
Labeling: In December, 1976 the federal FDA proposed
mandatory patient package inserts accompany all Pill prescriptions: "The
Food and Drug Administration will regard as misbranded and subject to regulatory
action any oral contraceptive that is shipped in interstate commerce...
after April 6, 1977 without labeling that is substantially the same as
set forth in this notice." Thus the FDA required Pill manufacturers to
tell physicians that the Pill included a mode of action that every physician
would understand from his medical training to be an early abortion: "Combination
oral contraceptives.... Although the primary mechanism of action is inhibition
of ovulation, alterations... in the endo-metrium (which reduce the likelihood
of implantation) may also contribute to contraceptive effectiveness...
progestin oral contraceptives are known to... exert a progestational effect
on the endometrium, interfering with implantation, and, in some patients
suppress ovulation." 16
Physician package inserts for the Pill are
still required in 1998, and they still use language that indicates the
Pill, Depo provera and Norplant inhibit implantation. These chemicals "harden"
lining of the womb (uterus) creating a hostile environment and thus make
it harder for the tiny multi-celled human being to implant in the wall
of the womb. This constitutes abortion at approximately on week of life.
There is no definitive medical agreement as to in what percent of the monthly
cycles this occurs.
We, the undersigned physicians, do therefore
declare that the pill and similar birth control products act, part of the
time, by design, to prevent implantation of an already created human being.
These products clearly cause an early abortion and are-despite the semantic
gymnastics of their ardent apologists-abortifacient.
We further declare that the so-called emergency
contraceptive products being promulgated on the American people work in
the same fashion and are also abortifacient.
FOOTNOTES
1) Gregory Pincus, The Control of
Fertility, Academic Press, New York, 1965, p. 6; Planned Parenthood Federation
of America, Research Facilities, Activities and Accomplishments, memo,
1/20/53, Margaret Sanger Collection, Library of Congress.
Back to text
2) Margaret Sanger, Family Limitation,
1st ed., 1914, 15-16, Margaret Sanger collection, Library of Congress (MSCLC);
Sanger Speech, Washington DC, (MSCLC) speech was first given in 1916 and
delivered 119 times; letter from Sanger to Hanna Stone, 3/10/32 copy to
Marjorie Provost (Sanger's handwriting) Sophia Smith Collection, Smith
College.
Back to text
3) Robert W. Kistner, M.D., The
Pill, Delacourt Press, 1969, p. 248.
Back to text
4) Dr. Mary Calderone, discussion,
:Mechanisms of Contraceptive Action," in Intrauterine Contraceptive Devises:
Proceedings of the Conference, held April 30-May 1, 1962, New York City,
ed. C. Tietze and S. Lewitt, published by Excerpta Medica Foundation, 110.
Back to text
5) Sybil Meloy, "Pre-Implantation
Fertility Control and the Abortion Law," Chicago-Kent Law Review, vol.
41 (1964): 183, 205-06. Planned Parenthood recognized in its amicus brief
for Roe v. Wade that criminal abortion laws could be applied to the IUD
because of its potential to prevent implantation. PPFA's physician group
(APPP) Amicus brief on page 44 cited Cybil Meloy, and also said that prosecutors
had not used state anti-abortion laws to outlaw the use of IUD's.
Back to text
6) Abraham Stone, M.D., "Research
in Contraception: A Review and Preview," presented at the Third International
Conference of Planned Parenthood, Bombay, India Report of Proceedings,
November 24-29, 1952, no copyright, Family Planning Association of India,
101.
Back to text
7) A Survey of Research on Reproduction
Related to Birth and Population Control (as of January 1, 1963) US Department
of Health, Education, and Welfare, Public Health Service, p. 27.
Back to text
8) Memo to Dr. Drill from Dr. Saunders,
re: "Effects of Drugs on Mating in Rats," 12/9/54, Gregory Pincus Papers,
Manuscript Division, Library of Congress; Abraham Stone, The Control of
Fertility, Scientific American, April, 1954, vol. 190, no. 4, 31-33.
Back to text
9) Bent Boving, "Implantation Mechanisms,"
in Mechanisms Concerned with Conception, ed. C.G. Hartman (New York:
Pergamon Press, 1963), p. 386. Boving acknowledged (p. 321): "...the greatest
pregnancy wastage, in fact, by far the highest death rate of the entire
human life span, is during the week before and including the beginning
of implantation, and the next greatest is in the week immediately following."
Back to text
10) Proceedings of the Second
International Conference, Intra-Uterine Contraception, held October
2-3, 1964, New York City, ed. Sheldon Segal, et al., International Series,
Excerpta Medica Foundation, No. 1, September 1965.
Back to text
11) ACOG Terminology Bulletin,
Terms Used in Reference to the Fetus, Chicago, American College of Obstetrics
and Gynecology, No. 1, September 1965.
Back to text
12) Dr. Richard Sosnowski, head
of the Southern Association of Obstetricians and Gynecologists "The Pursuit
of Excellence: Have We Apprehended and Comprehended It?" American Journal
of Obstetrics and Gynecology, vol. 150. No. 2 (September 15, 1984)
117.
Back to text
13) Joseph Rovinsky, M.D., "Clinical
Effectiveness of a Low Dose Progestin-Estrogen Combination," Obstetrics
and Gynecology, vol. 23, no. 6, June, 1964, p. 845, citing Goldzieher et
al., JAMA, 180:359, 1962. "In 6.8 percent of menstrual cycles they have
studied on patients on norethindrone medication, urinary pregnanediol excretion
reached levels ordinarily found only in the postovulatory phase of a normal
menstrual cycle."
Back to text
14) Advisory Committee on Obstetrics
and Gynecology, Food and Drug Administration, 1969, Second Report on
the Oral Contraceptives, 8/1/69, "Report of the Task Force on Biologic
Effects," Philip Corfman, NIH, Chairman, app. 4, p. 69.
Back to text
15) Alan F. Guttmacher, M.D., "Prevention
of Conception Through Contraception and Sterilization," Gynecology and
Obstetrics, vol. 1, ch. 22n, December, 1966, p.8.
Back to text
16) Federal Register Vol. 41, No.
236, Tuesday, December 7, 1976, 53634.
Back to text
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