Abortion Laws

By Jane Paden
 The debate around abortions has

been prevelant in our society since its

inclusion in law books in 1821. Abortions

first became illegal in the 1860’s but that

decsion was reversed with the Supreme The State of Michigan, 2021

Court decision made in Roe v. Wade (1973). This graph shows women of various ages

Following that case, many anti-abortion have abortions for one reason or another. If

organizations and Republican government we were to revoke their access to safe and

officals have been pushing legislation with legal abortions we would be directly

the hopes to make abortions harder for stripping them of their rights.

women to obtain. Women should have In the Supreme Court decision made

access to a safe abortion not only because in Roe v. Wade (1973) the courts held that

they are an established right, but also women have the right to terminate their

because of the numerous reasons they are pregnancy. The Courts classified this right

sought out in the first place. as a fundamental right and further noted that

Women of many ages seek out the ability to decide is a fundamental factor

abortions for one reason or another. This to a woman’s personal liberty. In the

graph released by the state of Michigan majority opinion of the court Justice

shows the amount of abortions by certain Blackmun laid out that from an unbiased

age groups. standpoint revoking access to abortions

removes a womans choice. Many supporters

of anti-abortion legislation combat this

decsion by arguing that the Supreme Court’s

decision in Roe v. Wade exceeds its

constitutional authority. These supporters try contraception; family relationships; and

to argue that since Congress holds the child rearing and education” (Chinn, 2015).

powers to make laws in the United States the Justice Blackmun, and other members of the

Supreme Court should not have the ability to Supreme Court, have found that these

decide the legality of abortions. Although privacy rights directly relate to a woman's

Congress holds the lawmaking abilities in bodily autonomy.

the United States, the Supreme Court holds Many anti-abortion activists argue

the power to declare those laws that women should not have a right to

unconstitutional. From the Supreme Court's privacy in these cases. They typically use

original decision in Roe v. Wade (1973) to the argument that the parents of the woman

their decision in Whole Women’s Health v. or the father of the child should know. The

Hellerstedt (2016), the Supreme Court has Harvard Law Review directly proves this

consistently held that the majority of point wrong by going over the Supreme

anti-abortion laws are unconstitutional. This Court decision made in Planned Parenthood

means that the Supreme Court is not making of Southeastern Pennsylvania v. Casey

the laws, they are simply finding them to (1992) which started the “undue burden”

violate the rights stated within the standard in order to determine if certain

Constitution. abortion regulations have an effect on the

The right to privacy is an implied right to choose. The “undue burden”

right shown in many amendments of the standard decides whether or not

Constitution. In 1992, Justice Blackmun anti-abortion regulation places a burden

stated that these rights extend to, “activities upon women that could affect their right to

relating to marriage; procreation; choose. If a woman fell pregnant while in an

abusive relationship and wanted an abortion, Unnati in the International Journal of

notifying the father would be considered an Community Health & Medical Research, out

“undue burden.” This is because it would of 130 cases of abortions 70 were due to

affect her decision of whether or not she medical illnesses and 48 were to due

would like to keep the baby. The “undue economical reasons. Many women do not

burden” standard only further pushes the have the means to take care of a child and

idea that the right to privacy is directly with the lack of help they receive from the

related to abortion. Taking this away would government in many situations, they have no

only put many women in danger. other option. While some could argue that

In many cases women are looked at adoption is always an option, that would be

negatively if they choose to get an abortion. directly neglecting the cost of carrying out a

This negative stigma comes from the pregnancy. This argument is prevalent in

ignorance that surrounds the adjenda many religious anti-abortion organizations

anti-abortion organizations push. Although and even in the Church the “norm does not

25% of women have an abortion within their assume that pregnancy obliges a woman to

lifetime, society still calls these women raise the child to whom she gives birth”

“deviants” and state they are “promiscuous, (Traina, 2018). In many cases the Church

sinful, selfish, dirty, irresponsible, heartless does not provide help to women who can not

or murderous” (Turan and Budhwani, 2021). financially support a pregnancy either.

These organizations neglect to show the Women should not be forced to carry out a

various reasons behind abortions, only pregnancy that could harm them, especially

focusing on these negative falsehoods they when they are offered no help.

have created. In a study held by Rajput

 Aside from abortion’s established case on the y-axis. The countries are

legality in our system and the financial separated by development represented by

status of the woman, the other reasons the colors. It is shown that women get

women choose to get an abortion further abortions for various reasons other than

prove that access to a safe abortion should simply not wanting to have a child. Many

remain an option. In 2018 the Guttmacher important things like health, mental health,

Institute reported, “15 state legislatures financial situations, rape, the fetal health,

enacted 27 new state law restrictions, and simply to save the mother’s life are

bringing to 424 the number of abotion shown as factors behind women’s abortions.

restrictions enacted in the past eight While many anti-abortion activists hold the

years…” (Rosenbaum, 2019). These law opinion that there is always another option,

restrictions that are enacted ignore why this graph alone shows that there is often

women seek out abortions in the first place. not. Women whose lives are put in danger

by carrying a child to term should not be

forced to have that child. If we were to force

them to have that child we would be directly

stating that their lives are not important.

Women who are raped and do not want to

have the baby from that trauma should not

be forced to carry that baby either. By

“Distribution(%) of Countries by Legal Grounds for

Abortion.” United Nations (2014). forcing victims to carry the baby of their

In this graph, released by the United attacker, we are putting them in a position

Nations, the x-axis represents the percentage where they must relive their trauma. The

of countries that allow an abortion for the

mental and physical health of women should Nowhere in the stated laws are men

also come first. How can we expect a forced to devote their bodies to anything. If

woman to take care of a child when she is the right to an abortion was revoked that

not in the right state to do so? At the end of would mean that we fundamentally not

the day anti-abortion activists are showing equal. Men maintain the right to make

that they only care that the child is born and decisions about their own bodies and no one

that nothing else matters. If a woman is questions that fact. Women however are

incapable of caring for a baby, whether it be persecuted for wanting an abortion no matter

due to financial or health reasons, why if its because of rape, age, class, medical or

would we force her to have said baby? That any other reason possible. If the United

is not beneficial to the mother or to the child States is meant to be the land of the free,

and it shows that as a country we do not care why are people pushing to restrict a large

about our citizens. part of its population's free will?

Taking away a woman’s right to No matter the reason behind it,

choose is stripping her of her rights. This women should retain access to a legal and

action would push women into a box and safe abortion. What women choose to do

show that we as a society are not equal. By with their own body should be their choice

making decisions for women about their and they should not be pressured into any

lives and their health we are reducing them situation that they do not wish to be in. The

to something lesser. Why should any one Supreme Court, the implied rights in the

person have the right to make such a Constitution, the laws set in place to protect

personal and intimate decision for another abortions, and the simple idea that we are

person? free in this country back this fact.

 Works Cited

After Ayotte: The Need to Defend Abortion Rights with Renewed “Purpose.” (2006). Harvard

Law Review, 119(8), 2552–2573.

Chinn, S. (2015). Universal Arguments and Particular Arguments on Abortion Rights. Maryland

Law Review, 75(1), 247–270.

Guillaume, A., Rossier, C. & Reeve, P. (2018). Abortion around the world. An overview of

legislation, measures, trends, and consequences. Population, 73, 217-306. https://doi.org/

Martinez, M. (2002). Blocking Conservative Judges Key to Protecting Roe v. Wade. National

NOW Times, 34(2), 2.

Rosenbaum, S. (2019). Reproductive Health: Assessing the Damage. Milbank Quarterly, 97(2),

399–402. https://doi-org.lib-proxy.fullerton.edu/10.1111/1468-0009.12382

Unnati, R. (2019). Determination of causes of abortion in cases reported to department- A

retrospective study. International Journal of Community Health & Medical Research,

5(1), 58–60. https://doi-org.lib-proxy.fullerton.edu/10.21276/ijchmr

The State of Michigan. (2021). Characteristics of Induced Abortions Reported in Michigan.

Division for Vital Records & Health Statistics

https://www.mdch.state.mi.us/osr/abortion/summary.asp

Traina, C. L. H. (2018). Between a Rock and a Hard Place: Unwanted Pregnancy, Mercy, and

Solidarity. Journal of Religious Ethics, 46(4), 658–681.

https://doi-org.lib-proxy.fullerton.edu/10.1111/jore.12240
Turan, J. M., & Budhwani, H. (2021). Restrictive Abortion Laws Exacerbate Stigma, Resulting

in Harm to Patients and Providers. American Journal of Public Health, 111(1), 37–39.

https://doi-org.lib-proxy.fullerton.edu/10.2105/AJPH.2020.305998