The principal pre-Roe statute prohibited performance of an abortion on a woman unless the procedure was “necessary to preserve her life.”1 In Beacham v. Leahy,2 a pre-Roe decision, the Vermont Supreme Court held that the abortion statute is unconstitutional because it arbitrarily and unreasonably prevents a woman from obtaining a safe and antiseptic abortion from a physician. Although the pre-Roe statute has not been repealed,3 the decision in Beacham v. Leahy would prevent that statute from being enforced. The legality of abortions would not be affected by a decision overruling Roe v. Wade. Abortions could be performed for any reason at any stage of pregnancy.
1 Vt. Stat. Ann. tit. 13, § 101 (1972).
2 287 A.2d 836 (Vt. 1972).
3 Vt. Stat. Ann. tit. 13, § 101 (1998).
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