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Review of related literature in abortion
Introduction to abortions
Introduction to abortions
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Recommended: Review of related literature in abortion
Abortion, or the deliberate termination of an unwanted pregnancy was the main issue discussed in the Supreme Court case Roe vs. Wade. Abortions have occurred since ancient times, and various techniques have been used to perform them. Before the 19th century abortions were legal, but were very dangerous due to the lack of medical equipment that was available. Beginning in the 1820’s many states started restricting access to abortions and contraceptive methods. In 1873, the U.S. Congress passed the Comstock Act, which prohibited the distribution of medications and other devices that could be used to have an abortion. Individuals convicted of violating the act could face years of imprisonment. This was one of the first acts passed that put restrictions …show more content…
on abortions. By the 20th century most states had adopted laws that made abortions illegal, except if the mother’s life was in danger. States argued that the fetus’s right to life was more important than a woman’s right to privacy. Texas was among the majority of states that put strict abortion laws in place. During this time many women got illegal abortions.
In 1950, an estimated 200,000 to 1.3 million illegal abortions were performed (Dyer par. 3). However, illegal abortions were very unsanitary and dangerous, so many women died as a result. In the 1970’s, around the time of Roe vs. Wade, women’s rights movements were being staged around the country. Women were demanding equality in all aspects of life. Many women’s rights groups were formed to protest their demands for equal rights and change. During the second half of the 20th century a sexual revolution began in the U.S. and the public pressured states to ease abortion laws. Some states acknowledged the public, and eased abortion restrictions. However, many states such as Texas didn’t ease abortion restrictions. Some women were fortunate enough to travel outside their state to have an abortion, but many poor women couldn’t afford to. This raised more questions about equality. Government interference in sexual matters was being highly questioned around the time of Roe vs. Wade, with the concept of privacy. Many women believed they should have an unrestricted right to an abortion. The Supreme Court had already decided on cases that might provide reason to rule against anti abortion
laws. The 1965 court case Griswold v. Connecticut recognized the right of privacy. In Griswold v. Connecticut the Supreme Court established that states couldn’t prohibit contraceptives to married people. The court claimed that it invaded their privacy to make decisions regarding their family (“Background” par. 5). Griswold v. Connecticut would become a key precedent for Roe vs. Wade. The case Eisenstadt v. Baird extended access of contraceptives to unmarried people. These cases were very controversial, but set the stage for a more sweeping ruling regarding reproduction and privacy rights.
Abortion and the Politics of Motherhood by Kristen Luker, analyzes the historical and complex sociology of abortion. Luker focuses on three important factors: a historical overview of abortion, the pro-life and pro-choice views, and the direction the abortion debates are going (11, Luker, Abortion and the Politics of Motherhood p. 000). Abortion has always been seen as murder and with the idea that those who are already living have more rights. Back in the days, the laws didn’t give fetus personhood. Also, the laws against abortions weren’t strictly enforced upon anyone. In addition, abortion didn’t seem to be a huge problem, which explains why abortion was ignored in the past.
The laws surrounding Abortion, particularly the efforts to ban abortion and overturn Roe Vs. Wade are one of the most significant social problems we are facing in 2017. Roe v. wade is a landmark decision that was made by the United States Supreme Court on the issue of abortion back in 1973. Abortion has been a prevalent social problem throughout history and continues to be very much a part of the social and political debate today. In fact, abortion has been one of the biggest controversies of all time. Both sides of the argument, pro-choice and pro-life, have many valid points to back their opinion and that is partly why this continues to be such a big debate. The other part is that it is very much a political issue. I stand firmly on the
because the right to abort, whatever one thinks of it, is not found in the
The Roe v. Wade case originated in the state of Texas in 1970 at the suggestion of Sarah Weddington an Austin attorney. Norma McCorvey otherwise known as "Jane Roe" was an unmarried pregnant woman seeking to overturn the anti-abortion law in the state of Texas. The lawsuit claimed that the statue was unconstitutionally vague and abridged privacy rights of pregnant women guaranteed by the first, fourth, fifth, ninth, and fourteenth amendments to the constitution. (http://en.wikipedia.org/wiki/Roe_v._Wade)
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).
Before abortions became legal, women felt the need to turn to someone for an abortion that was not sanitary or performed the correct way, many either died or left extremely ill. One specific woman felt the need to bring to everyone’s attention, that she should have the right to abort her baby if she wanted to. She fought for her right and many stood behind her and supported her. The case Roe v. Wade legalized abortions in 1973. Norma McCorvey, known as Jane Roe, fought for women’s rights against the state of Texas on two different occasions. Roe v. Wade made a huge impact to women around the country, by legalizing safe and reliable abortions.
Roe v. Wade and Morality. Michael Pearce Pfeifer in "Abandoning Error: Self-Correction by the Supreme Court," states the impact of Roe v. Wade on morals. Seldom, if ever, has a single Supreme Court decision so decisively transformed American constitutional history or so altered the relationship between law and morals - both public and private. Roe v. Wade established within the Constitution a doctrine that has entirely legitimized what had previously been almost universally condemned: the practice of abortion on demand throughout the nine months of pregnancy.
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).
This paper will assess arguments that scholars, especially Catherine MacKinnon and Reva Siegal, offer in support of the view that the doctrine of equal protection is superior to the Supreme Court’s doctrine of privacy related liberty as the constitutional basis for abortion rights. The United States Supreme Court held in Roe v. Wade that the right of privacy also includes a woman’s right to get an abortion. Abortion policy implicates women’s privacy and equality (Seigel 1992). A constitutional analysis of abortion that draws on the language from the Fourteenth Amendment of “liberty” and “equal protection” would work well with the reality that many of the key concerns behind what personal privacy arguments are like. I think
In 1900 a law was passed banning women from having an abortion. Before 1900, abortions were a common practice and usually performed by a midwife, but doctors saw this as a financial threat and pushed for a law making abortions illegal. From 1900 until 1973, when the Supreme Court ruled in favor of a women’s right to have an abortion, women who wanted to have an abortion did so secretly. These secret abortions were performed
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.
Have you ever wondered how abortion came to be legal? It was decided in the Supreme Court case of Roe v. Wade. The 1973 Roe v. Wade decision was a major landmark in not only the abortion issue, but also in American government.
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.