Law - Roe vs. Wade - Term Paper Example

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Roe v. Wade Name Institution Date  Roe v. Wade Introduction Abortion refers to the termination of pregnancy by a woman by removal from the uterus the embryo prior to viability. The subject has been controversial all over the world. One side of the debate is opponents who believe that abortion is murder…
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Download file to see previous pages Background Roe v. Wade arose because women were being deprived the right to choose what they wish to do with their bodies1. This is because abortion was illegal in all the states in the United States. There were strict laws, which forced many women into bad situations in any case they carry out an abortion illegally. In some instances, a number of women died as a result of unsafe abortion. Some women even tried to terminate their pregnancies themselves. Some other women chose to relocate to other countries to have safe, legal abortion. However, in the United States it was noted that a large number of women could not afford to move to other countries where abortion is legal to have their pregnancies terminated. A group of women in Texas was not happy with the situation. They argued that every woman should be allowed to choose what happened to her body. They therefore started advocating for change of law so that they could be given the right2. In 1970, the women hired two lawyers to represent them in their quest to have abortion legalized. The two lawyers presented a suit in Texas court challenging the abortion law. In the process, they found a young woman who intended to terminate her pregnancy and were willing to represent all the other expectant women in Texas who also wanted to have abortion. In order to protect her identity she was nicknamed Jane Roe3. The case was given a node and proceeded all through to the Supreme Court. Attorneys for the state of Texas however were conservative and wanted the law to remain as it was. They bear the opinion that a pregnant mother should give up her rights since the fetus rights are more important4. To counter this, the Jane Roe’s lawyer argued that women had a right to privacy, which included choosing to terminate pregnancy. The case has proved to be among the most controversial in the United States history, and many people still debates it to date. Many years after Roe, Americans still remain divided over the abortion rights. Data on opinion polls show majority Americans in support if some aspects of abortion rights with regard while others are still of the view that the decision should be overruled and abortion remain illegal5. Subject Proponents ABC News-Washington post poll conducted thirteen years after the case of Roe v. Wade indicates that 57 percent of respondents polled stated the that abortion should remain legal. A Gallup opinion poll of 2011 showed that 49 % of those polled identified themselves with Roe6. Some proponents of Roe case especially led by women feminist argue that a woman’s right to choose abortion is a fundamental right enshrined in the constitution7. Therefore, it is the prerogative of a woman to choose what to do with her body. As a result, the constitution has a right to protect the fundamental rights to privacy of women. The feminist movement and other proponents of Roe argue that fetus is not a human being. As such, abortion is a matter of terminating pregnancy and not killing a baby. They say that there is no biological proof to show that personhood starts at conception. To them a personhood starts when a person is born8. The proponents also say that fetus is not capable of feeling pain when terminating pregnancy. They cite a research carried out by Stuart Derbyshire, PhD, Senior Lecturer at the University of Birmingham who found out that a fetus is not capa ...Download file to see next pagesRead More
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