Anthony Michael Kreis, Georgia State University College of Law, has posted Sex and Control in Redeemer Georgia, which is forthcoming in the Georgia State University Law Review:
This essay explores the interplay of history, law, and morality behind the first abortion law in Georgia. Examining the philosophical underpinnings of liberty and equality as articulated in Georgia's constitutional history through time, the essay highlights the moral contradictions inherent in the legal frameworks of Reconstruction Georgia. The origin of Georgia's 1876 abortion law contains multitudes-rooted in race-based contestations for political power, the sociological evolution of medical practice, and evolving attitudes on individual rights. At times, white elites used abortion to attack Yankee culture and stir up racist fears about moral contagion associated with Radical Republicans. To this end, when read against political time, the campaign to regulate motherhood and criminalize reproductive choice was not simply grounded in morality claims about protecting fetal life-a significant theme in the mid-nineteenth century campaign against abortion nationally-but also about enforcing other race and sex crimes and controlling the freedperson labor force in an era of political uncertainty and constitutional upheaval. Abortion surfaced as a political issue in Georgia at a time and in a manner that makes it inextricably linked to the politics of Reconstruction and Redemption. --Dan Ernst
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