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An essay on right to privacy
Pro abortion vs pro choice
An essay on right to privacy
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For hundreds of years women helped each other to abort their pregnancies. Without legal prohibitions, women in Europe and the United States provided abortions and trained each other to perform the procedures. In the past century different states had begun to outlaw any procedure that would terminate or avoid pregnancy. In 1973(?) the United States Supreme Court asserted a woman's constitutional right to abortion in determining Roe v. Wade. After several decades of quiet disagreement, abortion has once again become a political hotbed. Under the direction of religious fundamentalists and fanatical anti-abortionists, this privacy right is in jeopardy. While both sides present strong arguments, these same positions have already been exhaustively debated and ruled upon by the Supreme Court. To turn back the clock on this issue would discriminate not only against women, but even more so against those in lower socio-economic groups. Therefore, the United States should protect a woman's Constitutional Right to choose.
Outlawing abortions will not make them go away. It will only increase the dangers and discrimination that have been associated with illegal abortions in the past. Should abortions be banned, then qualified medical care for abortions will either cease to exist or will be extremely hard to find. Today there are many books and organizations that offer free advice and counseling regarding pregnancy options. Without such services women will rely on potentially uninformed or misinformed sources. In the 1950's and 60's secret underground organizations like the Jane Collective existed but were very hard to locate. "In the 1950's approximately 1 out of every 3000 illegal abortions performed resulted in the death of ...
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...e the poor to seek dangerous illegal abortions. A woman has the right to decide what is responsible, moral and best for herself and her loved ones, considering her resources, commitments, hopes and needs. The United States has a legal obligation to protect a woman's life by protecting a woman's right to choose.
Works Cited
"Abortion." The American Heritage Dictionary of the English Language. 2004 4th ed.
Alderman, Ellen, and Caroline Kennedy. The Right to Privacy. New York: Vintage, 1997.
Fried, Marlene Gerber, et.el. Our Bodies, Ourselves for the New Century. New York: Simon & Schuster, 1998.
Marinucci, Carla. "Huge Abortion Rights Rally: Hundreds of Thousands in D.C. Pledge to Take Fight to Polls." San Francisco Chronicle. 26 April 2004: A1.
Newton. Course home page. 13 Apr 2005 .
Rowland, Debran. The Boundaries of Her Body. Naperville: Sphinx, 2004.
In the Judith Jarvis Thomson’s paper, “A Defense of Abortion”, the author argues that even though the fetus has a right to life, there are morally permissible reasons to have an abortion. Of course there are impermissible reasons to have an abortion, but she points out her reasoning why an abortion would be morally permissible. She believes that a woman should have control of her body and what is inside of her body. A person and a fetus’ right to life have a strong role in whether an abortion would be okay. Thomson continuously uses the story of a violinist to get the reader to understand her point of view.
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).
The debate of abortion continues to be a controversial problem in society and has been around for many decades. According to Jone Lewis, “In the United States, abortion laws began to appear in the 1820’s, forbidding abortion after the fourth month of pregnancy” (1). This indicates that the abortion controversy has been debated far back into American history. Beginning in the 1900’s, legalized abortion became a major controversy. In 1965, all fifty states in the United States banned abortion; however, that was only the beginning of the controversy that still rages today (Lewis 1). After abortion was officially banned in the United States, groups such as the National Abortion Rights Action League worked hard on a plan to once again legalize abortion in the United States (Lewis 1). It wasn’t until 1970 when the case of Roe (for abortion) v. Wade (against abortion) was brought...
On January 22, 1973, a monumental ordeal for all of the United States had come about, which was that abortion was legalized. It was the Supreme Court case of Roe v. Wade that made us take a turn on this political issue. In this case, Jane Roe (Norma McCorvey) was an unmarried woman who wasn’t permitted to terminate her unborn child, because the Texas criminal abortion law made it impossible to perform an abortion unless it was putting the mother’s health in danger. Jane Roe was against doing it illegally, so she fought to do it legally. In the court ruling, they acknowledged that the lawful right to have privacy is extensive enough to cover a woman’s decision on whether or not she should be able to terminate her pregnancy.
A Defense of Abortion In her argument on abortion, Judith Thomson discusses some major points about abortion. She deals with extreme cases and those extreme cases help us to realize a single perspective of abortion. For example, she talks about the violinist attached to you. In that example, you keep everything constant and focus on a single point, violinist being dead if you unattached him.
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.
...ke all men, women have the right to chose form themselves, furthermore Trap laws and the Supreme court ruling of the Planned parenthood V. Casey is unconstitutional because they are controlling the choice of women have an abortion. Women with unwanted pregnancies may not able to support or care for the child and may suffer growing up. The Roe v. Wade Supreme court ruling that women should have abortion access with out restriction as long it is with in the first three months of the pregnancy.
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.
Over the duration of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with consideration to her reproductive rights. The drawback, however, is that there is no agreement upon when life begins and at which point one crosses the line from unalienable rights to murder.
The permissibility of abortion has been a crucial topic for debates for many years. People have yet to agree upon a stance on whether abortion is morally just. This country is divided into two groups, believers in a woman’s choice to have an abortion and those who stand for the fetus’s right to live. More commonly these stances are labeled as pro-choice and pro-life. The traditional argument for each side is based upon whether a fetus has a right to life. Complications occur because the qualifications of what gives something a right to life is not agreed upon. The pro-choice argument asserts that only people, not fetuses, have a right to life. The pro-life argument claims that fetuses are human beings and therefore they have a right to life. Philosopher, Judith Jarvis Thomson, rejects this traditional reasoning because the right of the mother is not brought into consideration. Thomson prepares two theses to explain her reasoning for being pro-choice; “A right to life does not entail the right to use your body to stay alive” and “In the majority of cases it is not morally required that you carry a fetus to term.”
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.
One of the most controversial issues in this day and age is the stance people take on abortion. The two main positions that people take are either of pro-choice or pro-life; both sides, although polar opposites, tend to refer to both the issue of morality and logical rationale. The pro-life side of the debate believes that abortion is an utterly immoral practice that should be abolished. On the contrary, abortion should remain a legal procedure because it is a reproductive right; its eradication would not only take away the pregnant person’s autonomy, but would also put more children in financially unstable homes and the adoption system, and would cause an increase in potentially fatal, unsafe abortions.
Abortion has been a complex social issue in the United States ever since restrictive abortion laws began to appear in the 1820s. By 1965, abortions had been outlawed in the U.S., although they continued illegally; about one million abortions per year were estimated to have occurred in the 1960s. (Krannich 366) Ultimately, in the 1973 Supreme Court case of Roe v. Wade, it was ruled that women had the right to privacy and could make an individual choice on whether or not to have an abortion during the first trimester of pregnancy. (Yishai 213)
Millions of illegal abortions were done by the 1950s, and over a thousand women died each year as result. Moreover, millions of women who had illegal abortions were rushed to the emergency ward; some died of abdominal infection, and other, found themselves sterile and chronically ill. In 1969, 75% of the women who died from these abortions were either poor or of color. In the landmark case of Roe v. Wade (1973) the Supreme Court ruled that woman had the right of privacy under the Due Process Clause of the 14th Amendment to obtain an abortion, yet, keeping in mind that, protecting the health of the woman and the potential life of the fetus is the main interest. As result of this decision, safe and unpainful abortion services were offered to many women. In addition, some health care centers provided counseling, women’s group offered free referral services, and, non-profit abortion facilities were created. Nevertheless, legalization was not enough to ensure that abortions will be available to all women, women of low income and of color still found themselves without safe and inexpensive abortions. Between the early 1980s, feminist health centers provided low-cost abortions, however, by the early 1990s, only 20% of these centers survived the harassment by the IRS and the competition of other