Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
History of abortion law essay
Negative effects of abortion laws essay
Negative effects of abortion laws essay
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: History of abortion law essay
Mariela Delacruz Delacruz 1 Abortion Rights: Existence of Attempts of Subverting The rights to an abortion has been diminishing greatly and it is continuing to weaken long after the Supreme Court ruling. In 1973 in the United States a Supreme Court cased known as Roe vs Wade addressed a women’s right to privacy. A woman who for protection purposes went by the name of Jane Roe wanted to have the decision to terminate her pregnancy without it being a matter of whether she was doing it for the purpose of saving her own life. This Supreme Court case although it was too late to help Jane Roe since she had already given birth allowed the women the constitutional right to privacy when it comes to an abortion. Although abortion is not mentioned in the constitution the Supreme Court established the decision of when a woman could have the right to decide when to abort. This Supreme Court case did allow for the States to hold legislation limiting abortion services and this caused and is still causing controversy amongst states. Each state has their own reason as to why they to make the decision for the women themselves. Over the years more and more states have developed legislation either banning or limiting the Woman’s right to abort. To understand how the right to abort is decreasing throughout the years we must understand the access of services. Then we must see other factors that restrict the woman’s right to abortion even amongst States that do allow abortion. In understanding these restrictions we can see how right to abort is bein... ... middle of paper ... ...nd the morality of what some people believe constitutes what an abortion is it comes down to finding ways to stop the decreasing of abortion rights before overruling actually occurs. To conclude, in the United States the right to an abortion is being restricted by various factors. These factors include the limitation to services or not allowing the women to make the decision on their own. Other factors include the importance the states holds on a woman’s right this is important because if a particular state believes that a women’s right to privacy is necessary then they will ensure that there exist access to service or the other way around if they don’t see it as something that is right they will restrict it. If the United States does not enforce a change then the right to an abortion will continue to decrease and be limited until there is no right at all.
The Roe vs. Wade decision held that a woman, with her doctor, could choose abortion in earlier months of pregnancy without restriction, and with restrictions in later months, based on the right to privacy. It invalidated all state laws limiting women's access to abortions during the first trimester of pregnancy based on the Ninth Amendment to the United States Constitution, a part of the Bill of Rights. The Court's decision in this case was that the Ninth Amendment, "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," protected a person's right to privacy.
In the later half of the nineteenth century and beginning of the twentieth century, many states adopted laws against abortion because abortions were performed in unsanitary conditions, which made the operation dangerous for women. Plus, society believed killing a possible life was immoral. However, as time progressed and morals changed, people begin to question weather or not the government had the right to interfere with peoples’ carnal matters.
The current issues concerning a woman’s right to an abortion include the debates between pro-life and pro-choice groups that promote either restrictions or extensions to a woman’s ability to receive abortions respectively, along with debate about the role that the government should play in the process of limiting or extending rights. Pro-life groups argue many points against abortion including the beliefs that life begins at conception, adoption is a viable alternative to abortion, the procedures sometimes cause medical complications, a...
The right to privacy is nowhere listed in the Bill of Rights, however the First Congress that established the Constitution intended for the concept of right to privacy to be implemented or derived in some way. The Supreme Court decision made due to the case of Roe v. Wade has been called both radical and temperate (Edwards III, Wattenberg, and Lineberry 131). It was first argued in December 13, 1971 by a Texas woman named Norma McCorvey. “A three-judge District Court, which consolidated the actions, held that Roe and Hallford, and members of their classes, had standing to sue and presented justiciable controversies” (Thomas Reuters Business). The case was later appealed by Jane Roe and was sent to the Supreme Court to be tried again. She went by the pseudonym “Jane Roe” in order to keep herself confidential to the public. Jane Roe wanted to terminate her pregnancy by abortion but was prohibited by Texas state law stating that abortion was illegal unless it was required to say the woman’s life which wasn...
The case that I decided to write about is one of the most controversial cases that have ever happened in the United States. The Roe v. Wade (1973) case decided that a woman with her doctor could choose to have an abortion during the early months of that pregnancy. However, if the woman chose to wait until the later months of the pregnancy then they would have certain restrictions based on their right to privacy. This case invalidated all state laws which limited women’s access to abortions during their first trimester of their pregnancy which was based on the Ninth Amendment of the Constitution. The Amendment states that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (Cornell University Law School, 2013).
Abortions have been performed for thousands of years. In the 1800s abortions began to be outlawed. The reasons for anti-abortion laws varied for each state. Some people did not want the world to be dominated by newly arrived immigrants. Abortion in the 1800s were very unsafe due to the fact that the doctors had a limited educations and hospitals were not common. The outlawing of abortions from 1880 to 1973 led to many woman attempting illgeal abortions. (add author). Almost two hundred women died from attempting illegal abortions in 1965. Between two hundred thousand and one million illegal abortions were given each year. In states where local laws restrict the availability of abortion, women tend to have the lowest level of education and income. Additionally, in those states, less money goes toawrds education, welfare, fostercare programs, and adoption services. (Anderson, 5).
No other element of the Women’s Rights Movement has generated as much controversy as the debate over reproductive rights. As the movement gained momentum so did the demand for birth control, sex education, family planning and the repeal of all abortion laws. On January 22, 1973 the Supreme Court handed down the Roe v. Wade decision which declared abortion "fundamental right.” The ruling recognized the right of the individual “to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the right of a woman to decide whether or not to terminate her pregnancy.” (US Supreme Court, 1973) This federal-level ruling took effect, legalizing abortion for all women nationwide.
As women, it is important to remember that the reproductive freedoms we now have can be easily taken away. Some people take for granted the accessibility to birth control, condoms, and abortion. President Bush has initiated policies since coming into office that threaten women’s choices. As the Bush administration takes over, it is important for women and men to come together to support women’s rights. “Bush is setting a tone for anti-choice legislation, so I expect that any legislator who is anti-choice will put something in this year,” said Jessica Morgan, president of the Baltimore chapter of the National Organization for Women (Koenig, B2). Legislative, executive, and judicial action can very possibly come together during this administration to limit or eliminate women’s reproductive freedom.
In 1970, Norma McCorvey, a single and pregnant woman in Texas wanted to get an abortion. The state laws of Texas at that time stated that it was illegal to have an abortion in Texas. Even though the state told her that she could go to one of the four states in which abortion was legal to have the procedure done, she decided that she could not afford to travel to another state to receive the procedure. Norma McCorvey decided that she would sue the state of Texas, claiming that her constitutional rights were being taken from her. She then changed her name to the pseudonym “Jane Roe” to protect her right of privacy. The district court found that Roe did have grounds to file the suit against the state of Texas. They ruled on the grounds that the abortion laws in Texas infringed on the first, fourth, fifth, ninth, and fourteenth amendments of the constitution. The first amendment states that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (http://www.house.gov/Constitution/Amend.html). The fourth amendment states that, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”
Wade by NEH Hull and Peter Charles Hoffer they state “thus before abortion because the object of law it was a subject of everyday life” (Hull & Hoffer 12). Meaning that any female that found out she was pregnant was able to get an abortion but then suffered the consequences of something going wrong. In the United States around eighteen hundred abortions became illegal, due to the lack of medical education, procedures and surgeries because they were very dangerous. As time came later medical advancements were made but women still had to rely on the back alley abortions which resulted in harming thousands of women. Abortion or premature termination of pregnancy can be accidental or on purpose. Both types of abortions can be legal or illegal. If the ongoing pregnancy becomes a medical threat, abortion is not illegal. Legal developments along with health care services are intertwined with each other. The American Medical Association stated that abortions were wrong and unsafe which made the National Abortion Federation make abortion into a “physicians- only” practice because they could be performed legally in order to save a women’s life. (National Abortion Federation NAF) It wasn’t until 1973 that abortions were made legal in the United States due to the “Supreme Court’s decision in Roe vs. Wade ruling that Americans’ right to privacy included the right of a woman to decide whether to have children, and the right of a woman and her doctor to make that decision without state interference” (NAF). In 1965, almost 300 deaths occurred due to illegal abortions, and of all pregnancy-related complications in New York and California, 20% were due to abortions. “If the US Supreme Court found constitutional grounds to extend the birth control cases’ logic that women’s bodies belonged to the women themselves, the concept of choice would become a core value in constitutional law.” (Hull & Hoffer
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).
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.
With so many women choosing to have abortions, it would be expected that it would not be so greatly frowned up, yet society is still having problems with its acceptance. Every woman has the fundamental right to decide for herself, free from government interference, whether or not to have an abortion. Today, more than ever, American families do not want the government to trample on their right to privacy by mandating how they must decide on the most intimate, personal matters. That is why, even though Americans may differ on what circumstances for terminating a crisis pregnancy are consistent with their own personal moral views, on the fundamental question of who should make this personal decision, the majority of Americans agree that each woman must have the right to make this private choice for herself. Anti-choice proposals to ban abortions for “sex-selection” or “birth-control” are smokescreens designed to shift the focus of the debate away from this issue and trivialize the seriousness with which millions of women make this highly personal decision. Any government restriction on the reasons for which women may obtain legal abortions violates the core of this right and could force all women to publicly justify their reasons for seeking abortion.
Through every choice in life, there is a decision that must follow. Abortion is a woman’s individual choice; therefore, must be a legal part in todays society. Individual rights have an outstanding role in the controversial topic, on whether abortion should become legal in the United States . The individual rights for abortion show rights of life, liberty, and pursuit of happiness. As well, women should be able to have the choice to choose to have an abortion for several important reasons. The right to make these decisions should lie in the hands of the “mother” to make decisions concerning their own to make decisions concerning their own bodies. In addition, women should be given the choice to have an abortion if they are too young and unable to take care their child financially or emotionally. Additionally, the right to have an abortion is if the pregnancy negatively affects the woman's or the baby's health. Without abortions as a choice for the “mother” to resort to while she is going through hardship on deciding whether to keep the baby or not, the endless possibilities could negatively influence the mother to put her and the baby in a dangerous positions.