The Vermont Conversation with David Goodman
The “courageous doctor” who helped legalize abortion in Vermont
When the U.S. Supreme Court overturned Roe vs. Wade on June 24, it left each state to decide its own abortion laws. Many Republican-led states are reverting to the anti-abortion laws that were on the books before 1973 when Roe legalized abortion.
Vermont legalized abortion a year before Roe. In 1972, the Vermont Supreme Court overturned a 122 year-old law that made it a crime for a doctor to perform an abortion, though it was not against the law for someone to have one. In practice, this meant that someone could legally self-abort at their own peril, but a doctor who performed an abortion could be arrested and imprisoned for up to 20 years.
The case that legalized abortion in Vermont featured “Jacqueline R.,” an unmarried server who wanted to end her pregnancy, and an OB/GYN resident at the University of Vermont named Jackson Beecham.
After New York legalized abortion in 1970, Beecham, a conscientious objector during the Vietnam War, joined a small group of women’s health advocates in Burlington who were exploring ways to legalize abortion in the Green Mountain State. Attorney Willis “Woody” Higgins, a lawyer for IBM who volunteered to argue the case, advised the group that they needed two plaintiffs: a pregnant person who wanted an abortion and “a courageous doctor.”
The prosecutor they faced was a young state's attorney, Patrick Leahy, and the landmark case that legalized abortion in Vermont was known as Beecham vs. Leahy.
“I didn’t even think about winning or losing,” Beecham said of the case. He just felt “this is the right thing to do.”
When the Vermont Supreme Court ruled for Beecham in January 1972, Beecham said, “I was floored.” Within a few months, legal abortions were being performed in Vermont.
Beecham went on to a distinguished medical career as a gynecologic oncologist and cancer surgeon. He founded two gynecologic oncology programs at the cancer centers of the University of Rochester and at Dartmouth College, and he was a longtime associate professor at Dartmouth Medical School. Beecham, who is now 80 and lives in Shelburne, retired from practicing medicine in 2008. He continues to be a champion of reproductive rights and is a strong advocate for Proposal 5, which would make Vermont the first state in the country to enshrine abortion rights in the state constitution if it is approved by voters in November.
Beecham reflected on his role in legalizing abortion in Vermont.
“I was honored to spend four decades in women’s health as a cancer surgeon. But I think … getting this law changed is the single most important thing I ever did. I’m still moved by it. I’m very, very grateful that I could be part of helping others,” he said.
He said that he is “just horrified” that the U.S. Supreme Court has returned the country to where it was before Roe vs. Wade.
“I’ll be on the sidelines, fighting like everyone else that feels in support of women,” Beecham said.