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History of abortion law essay
History of abortion
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Over the duration of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with consideration to her reproductive rights. The drawback, however, is that there is no agreement upon when life begins and at which point one crosses the line from unalienable rights to murder.
In 1973, in what has become a landmark ruling for women’s rights, the U.S. Supreme Court ruled in favor of a woman’s right to an abortion. Ever since, individual states have adopted, altered, and/or mutilated the edict to fit their agendas – Texas included. However, the decision made by the justices in Roe v. Wade didn’t set clear cut, inarguable demarcation lines, which has allowed the fiery debate to consume the nation. Rather than establishing a legal ruling of what life is, or is not, the Supreme Court has remained silent on the issue.
In the absence of an agreement determining when life begins, state sovereignty has allowed state legislators the authority to shape a state’s policy on abortion. Thus, what has occurred across the United States is the ability for states to enact legislation which places severe limitations on when and how a pregnancy may be te...
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...therwise the majority’s rights lose their meaning.
Works Cited
Al-Arian, L. (2014, April 25). With new laws in Texas, self-induced abortion likely to rise. Al Jazeera America. Retrieved April 25, 2014, from http://america.aljazeera.com/watch/shows/fault-lines/articles/2014/4/25/with-new-laws-intexasselfinducedabortioncouldrise.html
Dave, P. (2014, April 16). Judge rules North Dakota's ban on abortions after 6 weeks unconstitutional. Los Angeles Times. Lost Angeles, CA. Retrieved April 24, 2014, from http://www.latimes.com/nation/nationnow/la-na-nn-north-dakota-abortion-ban-unconstitutional-20140416,0,2368017.story#axzz2zxVTvNT4
McDermott, L. B. (2014, April 11). Arkansas to appeal ruling on abortion restriction law. Reuters. Texarkana, Arkansas. Retrieved April 25, 2014, from http://www.reuters.com/article/2014/04/11/us-usa-abortion-arkansas-idUSBREA3A1ZL20140411
Abortion laws first developed in the 1820’s within the United States. These laws were forbidding abortion after the fourth month of pregnancy (2). By the 1900’s, the American Medical Association and legislators outlawed the act of abortions and by 1965 abortion was banned in all 50 states(3). In 1973, the permissibility of “abortion” was innate with the proceedings of Texas’s “Roe v. Wade”. [410 U.S. 113 (1973)] which was the most consequential legal juncture on abortion.
In Roe v. Wade, the state’s interest in potential human life justifies the statutes that have an impact on one’s right to procreational autonomy. As a woman successfully enters each of the three trimesters, the state’s interest in protecting the potential life increases. This differs significantly when comparing to the preembryos
Such precedent setting decisions are usually derived from the social, economic, political, and legal philosophy of the majority of the Justices who make up the Court, and also represent a segment of the American population at a given time in history. Seldom has a Supreme Court decision sliced so deeply into the basic fabric that composes the tapestry and direction of American law or instigated such profound changes in cherished rights, values, and personal prerogatives of individuals: the right to privacy, the structure of the family, the status of medical technology and its impact upon law and life, and the authority of state governments to protect the lives of their citizens. 3-4. The syllables are. The far-reaching impact of Roe v. Wade derives from one cause: Every abortion involves, either surgically or chemically, the destruction of a human zygote or a human fetus, and the subsequent removal of that human life from his/her mother's womb.
... tagging along. By taking the foundation of America and creating this so-called right to abortion, the Supreme Court attacks not only the value of human life itself, but the liberty of all Americans as well.[22] They next referred to the Emolument Clause and to the Electors provisions, which would also exclude most children and anyone unable to “[hold] any office of Profit or Trust.”[23]Furthermore, they turned to the required qualifications of being defined as a “person.” Clearly, this can refuse personhood to someone unable to commit a crime, for instance, a child who has not yet arrived at the door of reason. Fr. Clifford Stevens recognizes this denial as a threat to the dignity of the human person and draw from the words of President Lincoln’s rebuttal of Dred Scott to point out that the purposes for abortion are very similar to the motives behind slavery:
In the article “Abortion Restrictions In Texas Upheld By Appeals Court”, author Tasneem Nashrulla writes about the decision that the Fifth Circuit Court of Appeals made on the House Bill 2 law that forces strict regulations on about all Texan abortion clinics. As well, listing the opponents of the law views on the danger it creates for millions of Texan women's. Abortion has always been a difficult issue because there are good arguments for both side. Taking into account both arguments, I am siding with the opponents of the law. I support the oppositions view because it does put a burden to Texan women who are seeking for medical assistance. Also, I would say that a woman has the right to make decisions regarding her pregnancy without Texan
In a 2006 study conducted by the CDC, it was reported that 53-56% of abortions were performed on white women between the ages of 20 and 29. Among the 46 states that provided data consistently during 1996--2006, a total of 835,134 abortions (98.7% of the total) were reported; the abortion rate was 16.1 abortions per 1,000 women aged 15--44 years, and the abortion ratio was 236 abortions per 1,000 live births. During the previous decade (1997--2006), reported abortion numbers, rates, and ratios decreased 5.7%, 8.8%, and 14.8%, respectively; most of these declines occurred before 2001. During the previous year (2005--2006), the total number of abortions increased 3.1%, and the abortion rate increased 3.2%; the abortion ratio was stable. (CDC, 2009)
On January 22, 1973 the court issued its opinion with a 7-2 majority voting to strike down the Texas law. State laws outlawing abortion were set aside by the court, permitting abortions during the first three months of pregnancy and setting standards for regulations after that time to safeguard the women's health. The Supreme Court declared all but the least restrictive state statues unconstitutional. Noting that early abortions had become safer than childbirth and reasoning that the word "person" in the constitution "does not include the unborn." The Court
The debate of abortion continues to be a controversial problem in society and has been around for many decades. According to Jone Lewis, “In the United States, abortion laws began to appear in the 1820’s, forbidding abortion after the fourth month of pregnancy” (1). This indicates that the abortion controversy has been debated far back into American history. Beginning in the 1900’s, legalized abortion became a major controversy. In 1965, all fifty states in the United States banned abortion; however, that was only the beginning of the controversy that still rages today (Lewis 1). After abortion was officially banned in the United States, groups such as the National Abortion Rights Action League worked hard on a plan to once again legalize abortion in the United States (Lewis 1). It wasn’t until 1970 when the case of Roe (for abortion) v. Wade (against abortion) was brought...
In the second part of the twentieth century, women’s rights once again gained a lot of momentum. The women’s liberation movement was born out of women civil right activists who were tired of waiting for legislative change for women’s rights. Even though women are being recognized more in society, they still face difficult issues. Sexism –especially in the workforce –is becoming a major issue, birth control pills are still not popular, and abortions are frowned upon in society. The case Roe v. Wade is about a woman with the fake name of Jane Roe who wanted an abortion but the state of Texas would not let her unless her life was in danger. She sued the district attorney of Dallas County saying that it violated the right to privacy under the 1st, 4th, 5th, 9th, and 14th Amendments. Usually, some arguments for being against abortions are because it is like killing a life, religious reasons, and less chance of future pregnancies. Some arguments that approve abortion are the rights of privacy and the mother to make her own decision. I decided to pick the landmark case Roe v. Wade because there are many ways to argue for and against abortions, so I wanted to give it an overarching view before I personally pick a side. Roe v. Wade is a significant case because it shows how rights in the Constitution do not have to be explicitly mentioned for it to implement and the change in abortion laws that affect women.
As one knows, some unwanted pregnancies could often be harmful and distressing for a woman. Women should have the right over their body to choose to sustain the fetus or not. In the past decades, women did not have their freedom of abortion in many countries of the world. There have always been controversies going on about abortion. Each individual has dissimilar views on the legality of abortion. Some people are against abortion for personal religious purposes and beliefs. For those who don’t believe in abortion, it is because they see it as killing a fetus, which is a human being. Others support abortion because they believe in women’s rights. Laws of abortion vary in each country, and abortion is not legal all over the world. It is illegal under any conditions but only permitted to save woman’s life if in countries such as Brazil, Nigeria, United Arab Emirates, and Ireland. However, abortion is legal without any restrictions in countries like Canada, Albania, and Italy. It the past decades Abortion was considered as criminal act in Canada. “If an abortion was carried out without such approval, the woman was liable for imprisonment for 2 years, an...
Rationale for banning abortions late in pregnancy. Journal of the American Medical Association, 744-747, 1998. Guttmacher Institute. State Policies on Later-Term Abortions. State Policies in Brief.
The permissibility of abortion has been a crucial topic for debates for many years. People have yet to agree upon a stance on whether abortion is morally just. This country is divided into two groups, believers in a woman’s choice to have an abortion and those who stand for the fetus’s right to live. More commonly these stances are labeled as pro-choice and pro-life. The traditional argument for each side is based upon whether a fetus has a right to life. Complications occur because the qualifications of what gives something a right to life is not agreed upon. The pro-choice argument asserts that only people, not fetuses, have a right to life. The pro-life argument claims that fetuses are human beings and therefore they have a right to life. Philosopher, Judith Jarvis Thomson, rejects this traditional reasoning because the right of the mother is not brought into consideration. Thomson prepares two theses to explain her reasoning for being pro-choice; “A right to life does not entail the right to use your body to stay alive” and “In the majority of cases it is not morally required that you carry a fetus to term.”
In the year March 1970, a woman dubbed Jane Roe took federal action against Texas abortion laws. These laws prevented Roe from terminating her pregnancy because abortions were only allowed in the scenario that the fetus was harming the life of the mother (Rosenbaum 63). Because Roe wasn’t in any way harmed by her pregnancy, she could not get an abortion. “Roe believed that TX statutes were unconstitutionally vague and that they abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments” (Rosenbaum 64). She wanted an abortion done professionally in a clean and safe environment (Rosenbaum 63). Women before the legalization of abortion would resort to unsafe methods to terminate their baby (Tribe 113).
Wade 1973, the Supreme Court constitutionalized the laws criminalizing or restricting women's rights and access to abortion. Proponents in support of abortion through this trial failed to acknowledge the criminal sanction in terms of causing death to an unborn child during the birth process of leaving the mother’s uterus. Pro-life supporters counteracted these acknowledgments, however, highlighting the idea that it would not be long before the same influences used to validate killing an unborn child would be used in the same respect to rationalize killing those alive. With partial-birth abortion still legally in effect within the United States, questions are being raised in terms of how far Congress will actually allow this to go and by what circumstances it will essentially be considered illegal (United States Conference of Catholic Bishops
Abortions have always been a very controversial topic. Over the years we continue to fight for or against it. One can say that is one of the most talked and argued topic in the United States. An abortion is when a woman terminates her pregnancy before the fetus is viable using various of methods. Some argue that abortions should be illegal and considered murder, while others, from a religious point of view, say that no one has the right to take away the life of a person, in this case the fetus. However, others insist, that abortions are a basic women’s right.