If you were to ask the average high school student today; what is Roe v. Wade? They will in most cases not be able to tell you. Some might reply with, “doesn’t it have something to do with abortion?” Others may think you are referring to the most recent boxing match on HBO. But, the point is that they absolutely have no idea what the controversial and landmark ruling handed down by the Supreme Court 40 years ago today was actually all about, and/or what its implications on the future of society in America has been.
On January. 22, 1973, the U.S. Supreme Court decided [seven to two] that the option of choosing an abortion in the first trimester of a woman’s pregnancy was a fundamental constitutional privilege. This meant that all state laws forbidding abortion were now outlawed and deemed to be unconstitutional and void. Many regarded the ruling as a brilliant piece of judicial reasoning and they cited the 14th amendments right to privacy to back this up. The result of this decision has had profound implications today. Americans are still divided on the issue of abortion. On one side there are pro-abortion, or “pro-choice” advocates who advocate on behalf of a “woman’s right to choose”, on the other side there are the pro-life (anti-abortion) advocates advocating for the dignity of the human person and defending the unborn child. The debate has shown the passions of both sides, sometimes trending toward violence, especially in the 1980’s and 90’s, when abortion clinics would be bombed by anti-abortion activists. These actions have been denounced by authentic pro-life camps, who advocate for more peaceful approach to stopping the death of the innocent children. They pray and hold non-violent rallies, like the March for Life. Yet, the abortion debate in this country is still an ever more controversial and “touchy” subject. A recent CNN poll I saw on T.V. today stated that 31% of the people feel that abortion should be mostly legal, while another 35% feel it should be mostly illegal. Politicians have taken varied positions from abortions being “on demand” for whatever reason and not to be questioned, to safe, legal, and rare, and none at all. With the closeness of the two polling blocks being a mere 4% I do not expect the abortion debate to go away any time soon. If you’d like to read about the case that started it all, you can do that here. (Roe v Wade Case)
A Brief Summary of the Case
In 1969, a Texas woman named Norma McCorvey, later protected under the name "Jane Roe" had become pregnant. It was her third pregnancy. She came from a background of violence. her mother was an alcoholic, and she was very abusive. Norma dropped out of high school and married young to a man who had also abused her. based on this troubled background it isn't hard to see how her early views developed. When she became pregnant, her friends urged her to lie and falsely claim that she was raped. Though Texas had strict anti-abortion laws, they made exceptions in the event of "rape and incest". There was only one problem with this though. There was no police report that said she was in fact raped. If indeed she had been, certainly there would've been a report. So, she was denied. When she tried to obtain an illegal abortion, she had found that the clinic had been closed down by authorities. It was then she had contacted her attorneys and filed a class action lawsuit with the Dallas D.A Henry Wade. The courts ended up ruling in her favor, and the rest is written in history. Immediately Ms. McCorvey had become active with the radical feminist movement who looked to seize on this grand new opportunity to advance what they called "women's rights". However, later in life Ms. McCorvey would find a change of heart, and she would realize just what damage her lawsuit in 1970 had done. She would make a complete 360 so to speak, and she became one of the pro-life movement's most vocal speakers.
Also, read this great article by another Blogger regarding the 40th Anniversary of Roe v. Wade.
Author/Blogger Richard G. Williams Jr. asks the question, "When will academics take up this civil rights cause? Read it at the (Old Virginia Blog)
And this Time magazine article that explores how abortion rights activists won in 1973, but have been losing the fight ever since then here.
A Brief Summary of the Case
In 1969, a Texas woman named Norma McCorvey, later protected under the name "Jane Roe" had become pregnant. It was her third pregnancy. She came from a background of violence. her mother was an alcoholic, and she was very abusive. Norma dropped out of high school and married young to a man who had also abused her. based on this troubled background it isn't hard to see how her early views developed. When she became pregnant, her friends urged her to lie and falsely claim that she was raped. Though Texas had strict anti-abortion laws, they made exceptions in the event of "rape and incest". There was only one problem with this though. There was no police report that said she was in fact raped. If indeed she had been, certainly there would've been a report. So, she was denied. When she tried to obtain an illegal abortion, she had found that the clinic had been closed down by authorities. It was then she had contacted her attorneys and filed a class action lawsuit with the Dallas D.A Henry Wade. The courts ended up ruling in her favor, and the rest is written in history. Immediately Ms. McCorvey had become active with the radical feminist movement who looked to seize on this grand new opportunity to advance what they called "women's rights". However, later in life Ms. McCorvey would find a change of heart, and she would realize just what damage her lawsuit in 1970 had done. She would make a complete 360 so to speak, and she became one of the pro-life movement's most vocal speakers.
Also, read this great article by another Blogger regarding the 40th Anniversary of Roe v. Wade.
Author/Blogger Richard G. Williams Jr. asks the question, "When will academics take up this civil rights cause? Read it at the (Old Virginia Blog)
And this Time magazine article that explores how abortion rights activists won in 1973, but have been losing the fight ever since then here.
Here are a few scholarly articles that you can also read that discuss the controversial SCOTUS ruling and its impact today.
The Yale Law Journal: Before (and After) Roe v Wade: New Questions About Backlash (2011)
By: Linda Greenhouse & Reva B. Seigel
Read Article Here (PDF)
Roe v Wade: No justification in History, Law, or Logic
By: Dennis J. Horan & Thomas J. Balch
Read Article Here (PDF)
Here are two positions; one arguing for abortion the other against:
(For)
10 Arguments in Favor of Abortion
(Against)
Arguments in Favor Are Strong...
Now, you decide. What is your stance on abortion? Should abortion be legal or illegal?
I believe the only consistent, moral, and logical answer is that it should only be legal when the pregnancy endangers the life of the mother. Any other position does, in my view, dehumanize life.
ReplyDeleteI think you are absolutely right. Thanks for the comment!
ReplyDelete