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Shaping a New America

57d. Roe v. Wade and Its Impact

Pope John Paul II
Pope John Paul II is a leader in the pro-life movement. During his landmark 1998 visit to Cuba, he criticized the island's legalized abortion policies.

No topic related to the feminist movement has aroused such passion and controversy as much as the right to an abortion. In the 1960s, there was no federal law regulating abortions, and many states had banned the practice entirely, except when the life of the mother was endangered.

Women's groups argued that illegality led many women to seek black market abortions by unlicensed physicians or to perform the procedure on themselves. As a result, several states such as California and New York began to legitimize abortions. With no definitive ruling from the federal government, women's groups sought the opinion of the United States Supreme Court.

The battle began in Texas, which outlawed any type of abortion unless a doctor determined that the mother's life was in danger. The anonymous Jane Roe challenged the Texas law, and the case slowly made its way to the highest court in the land.

After two years of hearing evidence, the Court invalidated the Texas law by a 7-2 vote. Using the same reasoning as the Griswold v. Connecticut decision, the majority of the justices maintained that a right to privacy was implied by the Ninth and Fourteenth Amendments. No state could restrict abortions during the first three months, or trimester, of a pregnancy.

States were permitted to adopt restrictive laws in accordance with respecting the mother's health during the second trimester. The practice could be banned outright during the third trimester. Any state law that conflicted with this ruling was automatically overturned.

Women's groups were ecstatic. But immediately an opposition emerged. The Roman Catholic Church had long criticized abortion as a form of infanticide. Many fundamentalist Protestant ministers joined the outcry. The National Right to Life Committee formed with the explicit goal of reversing Roe v. Wade.

Jizo Bodhisattva
Religious traditions throughout the world have very different views on unborn children. In Japan, the Bodhisattva Jizo is the guardian of unborn children and expectant mothers. Legend has it that when babies die, they are sent to the underworld for causing their parent's great suffering. Jizo rescues the children from that punishment.

The issue is fundamentally thorny because it involves basic faiths. Those who believe life begins at conception feel that the unborn child deserves the same legal protections as an adult. Ending such a life is equivalent to murder to those who subscribe to this belief. Others argue that life begins at birth, and that laws restricting abortion interfere with the right of a woman to decide what is in her own best interests. Opponents of abortion use the label "pro-life" to define their cause. Supporters of Roe v. Wade identify themselves as "pro-choice."

Since 1973, the battle has raged. Pro-life groups began to lobby their Senators and Representatives to propose a Right-to-Life Amendment to the Constitution. Although introduced in Congress, the measure has never received the necessary support. Pro-choice groups such as the National Abortion Rights Action League fear that a slow erosion of abortion rights has taken place since Roe v. Wade.

The Hyde Amendment of 1976 prohibits the use of federal Medicaid funds to be used for abortions. Later Court decisions such as Planned Parenthood v. Casey(1992) have upheld the right of states to impose waiting periods and parental notification requirements. President George Bush imposed a "gag rule" that prohibited workers in federally funded clinics from even mentioning abortion as an option with their patients. Bill Clinton promptly ended the gag rule in 1993.

Planned Parenthood clinics have become local battlegrounds over the abortion controversy. Since Planned Parenthood prides itself in providing safe, inexpensive abortions, protesters regularly picket outside their offices. Several Planned Parenthood sites have even been bombed by antiabortion extremists.

The fate of Roe v. Wade continues to lie with the Supreme Court. Although every ruling since 1973 upheld the decision, the composition of the Court changes with every retirement. Activists on each side demand a "litmus test" for any justice named to the federal courts. Republicans have tended to appoint pro-life judges, and Democrats have selected pro-choice nominees.

At the dawn of the 21st century, the battle remains as fierce as ever.

On the Web
According to polls, see how many of those polled consider themselves pro-choice, and how many consider themselves pro-life.
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Roe v. Wade: Its History and Impact
Roe v. Wade was an influential Supreme Court case that continues to affect reproductive rights today. Planned Parenthood provides a brief history of the case and how it continues to impact the abortion debate today. This site also attempts to debunk many of the misnomers associated with Roe v. Wade.
Abortion: All Sides of the Issue
ReligiousTolerance.org has brought together all sides of the abortion issue. This website has links to statistics, ethical and religious debates, legal topics, descriptions of related medical procedures and more. A well-rounded collection, with religious tolerance (on all sides) in mind.
One Woman's Abortion, August 1965
Before 1973, abortions were illegal in most cases. Read this 1965 article by "Mrs. X" that appeared in The Atlantic Monthly. She describes her experience getting an illegal abortion — a practice she believed might cause emotional and physical distress, and social stigma. In the end, her experience with terminating an unwanted pregnancy was straightforward and discrete. Significantly, one of the strongest pro-choice viewpoints is that illegal abortions are extremely dangerous. Yet this article illustrates that some illegal abortions were fairly commonplace, uncomplicated, and practiced by licensed physicians. How can this be interpreted from both a pro-choice and pro-life standpoint?
Abortion Law
Before Roe v. Wade there was no federal law regulating abortion. It was up to the states to determine what was and was not legal. Following the Roe v. Wade decision, states still had some authority in determining the legality surrounding different abortion issues. Abortion Law in all its complexity was born. When does life begin? Whose rights are paramount — a mother's or that of the fetus? Learn about these topics at the Abortion Law Homepage, an educational website to "help people, regardless of their political bent."
Listen to the oral argument before the Supreme Court in the historic Roe v. Wade case.
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