Before Roe v. Wade: The 50th Anniversary of a Landmark California Case

Demonstrator at New York City Women’s March, January 21, 2017. Photo: © Edith Marie Photography

“Should abortion be legalized?” That was the question posed on a forum in 1964 on Pacifica Radio. Nine years before the Supreme Court would give its own answer in Roe v. Wade, a trio of panelists debated the issue for listeners in Los Angeles.

Prompting the forum was a bill in the Legislature to liberalize California’s abortion laws. At the time, abortion was illegal unless the mother’s life was at risk. The proposed legislation, endorsed by the California Medical Association, allowed exceptions in cases of rape or incest, or when a pregnancy was not life-threatening but posed other harm to a patient’s physical or mental health.


People v. Belous marked the first time a patient’s constitutional right to abortion was upheld in the courts.


Did the bill go too far — or not far enough? Each panelist had a different take. Attorney Zad Leavy discussed the legal quandaries of people facing unintended pregnancies. He was cautious about full legalization but critical of the existing ban. Dr. Robert Hood, an area surgeon, opposed the legalization of abortion and even questioned the validity of the medical reasons commonly cited for justifying abortions. In sharp contrast, Dr. Leon Belous, an attending physician at LA’s Cedars of Lebanon Hospital, did not mince words in his support for legal abortion on demand.

Belous felt outlawing abortion was an example of “man’s inhumanity to women.” As he put it, “An injured dog on the street is treated with more sympathy and concern” than the countless women dying annually, or who risked that fate, from self-induced or black-market abortions. “I have seen seven to 10 of these women every month for the last 32 years,” Belous continued. “I have been seeing them in my office, many of them in the operating room, and some of them in the morgue.” He told of one who had been raped and another in desperate poverty, unable to support a child.

Belous concluded by sharing his hope that California’s “antiquated, unrealistic, and barbaric” ban would be overturned. Five years later, Belous was at the center of a case that did just that. Continue reading

“That’s Just Your Sickness Talking”: Psychiatry, Homophobia, and the Turning Point in 1973

John E. Fryer, MD, dressed as Dr. H. Anonymous at the 1972 APA conference

It wasn’t his high blood pressure or high cholesterol that caught Matthew Moore by surprise when he went to his new physician earlier this year. Moore, a Southern California man in his mid-40s, described those conditions as “normal for me.” Nor was Moore, who is openly gay, shocked to see that his doctor noted his sexual orientation on his medical paperwork — until he saw the way that she noted it.


“The sickness label was used to justify discrimination, especially in employment, and especially by our own government.”


Listed as a chronic condition, Moore noticed “homosexual behavior” on his paperwork, followed by the medical code 302.0. As unsettling as the notation already was, Moore decided to research what the code meant, and he was left wondering how the diagnosis could happen today: “When I look[ed] up code 302.0 [I learned that it meant] sexual deviancy or mental illness, and that code has been removed or suggested heavily not to be used since 1973.”

“My jaw was on the floor,” Moore recounted. “At first, I kind of laughed, [and then] I thought, ‘Here’s another way that gay people are lessened and made to feel less-than,’ and then as I thought about it and as I dealt with it, it angered me,” he told a local news station.

Moore complained to his physician, and, dissatisfied with her response when she defended the diagnosis, he wrote a letter to the parent company of the Manhattan Beach office where his physician practiced medicine. Moore received a written apology and a refund of his co-pay.

Moore’s story made the news earlier this year because of how anomalous — and appalling — it was. But prior to 1973, Moore’s experience would have been almost inevitable, unless he took precautions to keep his sexual orientation as private and secret as possible.

Until a decision by the American Psychiatric Association (APA) changed the course of history 40 years ago this Sunday, on December 15, 1973, gay and lesbian people couldn’t escape the perception that their sexuality was a sickness. Continue reading