Hope Morgan Magina
Shirley Kahlert
English 01A
December 14, 2018
Roe vs Wade
In the ruling of Roe vs. Wade, the United States Supreme Court on January 22, 1973 ruled (7-2) that inordinate restriction of state regulation of abortion is unconstitutional. This court case has become known as an American landmark. The case instituted with the plaintiff, Norma McCorvey best known as “Jane Roe”, a fictional name used by the court system in order to properly protect her real identity throughout the course of the court case. McCorvey, who was filing against Henry Wade; the Dallas, Texas district attorney, stated that she should possess the ability to terminate a child's development in the first trimester of a woman’s pregnancy due to her fourteenth amendment rights. The fourteenth amendment of the United States states that,
“ All persons naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States: or shall any State deprive any person of life liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
With this amendment demonstrating all Americans rights I agree with the finalizing decision of Roe vs. Wade. In society today abortion is immense part of the political controversy discussed worldwide. Some individuals see abortion solely as a termination of an innocent child’s life before it is given the opportunity to be born into the world. While others see abortion as choice and a right given to all American citizens. If the case is taken into deeper evaluation it is evident that there is so much more to this life altering decision for both the child and mother than is seen in retrospect to the entire disposition of this supreme court case.
Written by Harry A. Blackmun in 1973, the majority opinion stated exactly that “a set of Texas statutes criminalizing abortion in most instances violated a woman’s constitutional right to privacy, which is found tone implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment.” Although this was the finalized ruling of Roe vs Wade this court case has been brought up time and time again over the years arguing for the two separate standings of “Pro-Life” and “Pro-Choice”.
Norma McCorvey also known as “Jane Roe” is and will forever be the face of legalizing the right for women to obtain a safe and professional abortion in any state in the United States. McCorvey lived a life full of strife. By the time Norma was only twenty one she became pregnant for the third time.According to McCorvey, it was her friends that had convinced her to file a false accusation of rape charges in order to legally obtain a Texas abortion. Due to the fact, Texas at the time had a strict no abortion policy with the exception of rape charges, Norma McCorvey followed through with the fabrication. As a result of little to no evidence the rape charges were dropped and the scheme was not successful, it was later exposed as a false accusation in attempt to legally acquire a Texas state abortion. This then lead McCorvey into the hands of Linda Coffee, an attorney who was at the time seeking pregnant women in order to initiate a case against the state of Texas, and eventually the country in order to legalize abortion.
Some Pro-Life individuals may argue that an abortion is an individuals corruption and wrongdoing to an unborn child, giving the child no fundamental right to decide over its personal willingness to live. This instance is when the debate topic “when does life begin” is constituted and contemplated. Some people suggest that life begins at the moment of conception. The term conception makes reference to the merging union of a male sperm and female ovum. It is said that when the union of these male and female pronuclear elements of procreation is met is in that very moment that a new living has began developing with the intentions of forming a new life. Without interruption the moment a sperm and ovum meet to begin the fertilization process a human being is desired and designed to be formed in the time span of nine months .
Pro-Choice advocates claim that life does not truly begin until an individuals first breathe after birth anytime before then is seen as a “potential life”. This constitutes the fact that if a collection of cells at any stage in development can not sustain life on its own then it is subject to the decision of the carriers choice of whether or not to follow through with the birthing process or proceed with the legal right of an abortion.
The earliest known record of an induced abortion dates as far back as 1550 BC. It is from then on that the various forms of induced abortions were developed. Methods varied through out time, abortions went from non-surgical to surgical. Non-surgical methods included streneous labor or plenty of physical activity, the consumption of irritant leaves and teas, fasting, the loss of blood, pouring hot water on the abdomen or lying on hot surfaces, these techniques all resulted in a possible aborted pregnancy. Abortions then advanced to the beginning stages of a more surgical approach, physicians began practicing the process of using sharp instruments to induce miscarriage. This tactic was soon strongly advised to not be exercised due to the possibility of organ perforation leading to death.
Women’s rights have been a topic of discussion for hundreds of years now. It was not until 1920 that a change for the lives of women was made. The women of the United States gained their voting rights in attribute to the nineteenth amendment being ratified. Amendment nineteen of the United States constitution that was passed by congress on June 4, 1919 states,
“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.”
This amendment was a groundbreaking achievement for all women in the United States and primarily was a triumph for women’s rights activists who worked tirelessly to accomplish and overcome the sexist ideals of the United States society during that time.
The nineteenth and fourteenth amendment is the very reason that women should have the right to an abortion. Pro-choice emphasizes the fact that women have the right to this choice due to their god given rights and liberties given to them under the United States constitution
Firstly not giving a woman the right to decide on having an abortion or not is a violation of an individuals constitutional right. The amendments of the Constitution were added to support the bill of rights, Amendment XIV Section 1 states,
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
This amendment is then related back to the fifth amendment of the United States constitution, the due process law. The fifth amendment states that, “that no one shall be "deprived of life, liberty or property without due process of law." Due process is ultimately fair treatment through the normal judicial system, especially as a citizen's entitlement. Reciting back to women rights and their legitimate and constitutional right on the choice to an abortion.
Secondly something as crucial and life altering as the birth of a child should not be regulated by any state of the United States government or penalized. According to the Texas declaration of rights, Jane Roe or Norma McCorveys rights were violated ,
“When a government has ceased to protect the lives, liberty and property of the people, from whom its legitimate powers are derived, and for the advancement of whose happiness it was instituted, and so far from being a guarantee for the enjoyment of those inestimable and inalienable rights, becomes an instrument in the hands of evil rulers for their oppression”
Our inherent rights include being capable of deciding whether or not an individual wants to bring a child into this world or terminate it before its existence without government interference being a problem. Prohibiting Norma McCorvey her right to an abortion is denying her, her rights she was given by her state at the time. This takes away a women rights to feel equal amongst others and her right to her own happiness and basic human rights as they are given.
Before Roe vs Wade, states had the right to determine the legality of abortions. Texas along with forty four other states in the 1960’s deemed abortion unlawful in all situations that did not threaten the life or the health of the carrier and banned its existence in their given states. It was not until the 1973 decision of Roe vs Wade legalizing a woman’s right to abortion during the first trimester of pregnancy and in some special cases even later in the term that abortion rates sky rocketed.
Overall the decision of aborting a child has nothing to do with societies view on things. If the choice between aborting a child and having a child is the difference between an individuals own happiness than that individual should have every right to decide that.
“I appeal from your customs. I must be myself. I cannot break myself any longer for you, or you. If you can love me for what I am, we shall be happier. If you cannot, I will still seek to deserve that you should. I must be myself. I will not hide my tastes or aversions. I will so trust that what is deep is holy, that I will do strongly before the sun and moon whatever inly rejoices me and the heart appoints. If you are noble, I will love you; if you are not, I will not hurt you and myself by hypocritical attentions. If you are true, but not in the same truth with me, cleave to your companions; I will seek my own. I do this not selfishly but humbly and truly. It is alike your interest, and mine, and all men’s, however long we have dwelt in lies, to live in truth. Does this sound harsh to-day? You will soon love what is dictated by your nature as well as mine, and if we follow the truth it will bring us out safe at last.—But so may you give these friends pain. Yes, but I cannot sell my liberty and my power, to save their sensibility. Besides, all persons have their moments of reason, when they look out into the region of absolute truth; then will they justify me and do the same thing. The populace think that your rejection of popular standards is a rejection of all standard, and mere antinomianism; and the bold sensualist will use the name of philosophy to gild his crimes. But the law of consciousness abides.”
This quote from Self Reliance by Ralf Emerson strategically correlates to this topic on abortion. Abortion should not be regulated by the government or criminalized because we are all born with our own moral compasses therefore we know what is right for ourselves. The Roe Vs. Wade case became a landmark case that contributed on prohibiting laws that were against a women’s right to abortion in the United states. The case demonstrates the right to opening decide whether or not an individual is ready or if they even have the physical ability to become a parent. With medical backing in some cases termination of a baby can be the best option not only for the mothers health but in some cases the babies as well.
Finally, human rights should take precedence over moral standings. Human rights are rights ingrained to all humans, disregarding gender, origin, gender, religion, color or other classifications, therefore making human rights non-discriminatory. All individuals are entitled to their own rights and should not be ostracized from them. We are all entitled to this right but not everyone experience the feeling of equality in the world, hence woman rights activists. The government and individuals involved in the Roe vs Wade case blatantly ignored the basic need of human rights and exploited the people who were not lucky enough to experience the feeling of having basic human rights
To conclude, the trial of Roe vs Wade was not only a case about civil rights, but about human rights. People should never e subject to their Constitutional rights, and human rights being violated. Furthermore, the fact that McCorvey was criminalized for wanting to rightfully terminate the birth of her unwanted child is unconstitutional. In todays world abortion is still widely discussed and controversial. Women’s rights marches are constantly being led advocating for a woman right to abortion. McCorvey was just the start of discussion for thousands of other woman around the world. This supreme court case brought awareness as well as relief to so many American citizens. Norma McCorvey changed the nation and made the right to abortion legal and safe.
Works Cited
Greenberg, Edward S., and Benjamin I. Page. The Struggle for Democracy. Pearson, 2018. Print.
Emerson, Ralph. “ Self-Reliance.” English 1A and Political Science 1A Reading Packet. Merced College, Fall 2018. Print.
Randall, Richard. Lecture. Political Science 1A. Merced College. Fall 2018.
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