The Impact of Roe v. Wade Decision Case on the U.S. Society - Term Paper Example

Outline Introduction Defining abortion – social and ethical issue Basic movements surrounding abortion Roe v. Wade case law of 1973 TS: developing thesis statement Roe vs. Wade case law and its contribution to abortion choice Debate arising out of the law Statement: A careful examination will show that the case rather enhanced the controversy around abortion within the American society instead of resolving the same, leading to further social issues. Claim 1: Missed reactions brought about with respect to choice towards abortion Opinions varied overtime Status of the issue before the case law and the basic contribution of the case verdict 1 a) & b): 1 a: immediate consequence was a moral outrage as a part of the debate or division of opinion over the law 1b) Several polls were held even thirty years after the case law centering on the issue and opinions show an increasing opposition to the law. Claim 2: Choice and accessibility issue for women with respect to wealth and social status How the gender issue came forth after the passing of the law Change in position of women and a complement to women suffrage 2a) & b) 2 a) Survey results showed greater opposition to the case law form women compared to men b) Analysis of the strength and weaknesses of the law in the current context especially after 25 years of enactment. Claim 3: 3a) & b) Impact is strongly felt in terms of increasing number of pregnancy termination over the years. Around one fourth of the Generation X are killed within the wombs a) Unconstitutionality of abortion itself is based upon the impact it has on the society where such abortions have been executed based on causes like studies and career as well as led to deaths of the mother during the process in some cases. b) If abortion is permissible after the case law, then euthanasia should also be permissible on similar grounds. Terri Schiavo’s case bears evidence to that. CS: The case law is even assessed as a reflection of government’s interference into the privacy of people This has led to immoral acts like termination of pregnancy in case of a potential baby girl after detection of fetus. Conclusion The case law raised too many controversies Open the door to look into the several aspects of the controversy The case law led to aggravation of the debate and further issues arising from the same (reinforcement of the thesis statement). How did the Roe v. Wade decision (1973) affect U.S. society? One of the most controversial social issues related to medical science is abortion. Abortion refers to the removal of fetus from the uterus through clinical means, which in turn leads to the death of the same. Several delicate issues of controversy get associated with the very idea of abortion. Based on these one might pick up several ethical grounds, which in turn answers the legal question with respect to abortion. On the social front there have been two contradictory views – pro-life and pro-choice movements. While the former stands to oppose abortion, the later movement favors the same. Roe v. Wade is a United States Supreme Court case in the year 1973 that resulted in a landmark verdict regarding abortion. According to the Roe decision, most laws against abortion in the United States violated one of the most important fundamental constitutional right – right to privacy. The verdict overturned all state and federal laws banning or restricting abortion that were found to be incompatible or inconsistent with its holding. It is considered to be is one of the most socially controversial and politically significant cases in the history of U.S. Supreme Court. The central verdict that came out of the Roe Vs Wade case made abortion permissible for any cause that a women shows during the initial 12 week time. The state would legalize abortion on grounds of the mother’s health during the second trimester. Again, in the third trimester abortion might be forbidden when the fetus can survive even outside the mother’s womb. (Hartman, Mersky, & Tate, 13) The Roe Vs Wade decision prompted huge debate on several issues regarding abortion on a national level and affected the American society. A careful examination will show that the case rather enhanced the controversy around abortion within the American society instead of resolving the same, leading to further social issues. The Roe v. Wade case brought about mixed reactions from the public with respect to the issue of right to choose abortion (McKay, 332; Forsythe and Presser, 163). Attitudes towards abortion differed over time (Garrow). While the Persian Empire stood in favor of abortion, the Greek and Romans permitted the same (“The Evolution of the right to privacy after Roe V. Wade”, 368). However Christianity has always criticized the practice of abortion based upon grounds of infanticide. In 1970 the American Medical Association acknowledged that abortion was a medical procedure but a physician could not perform it against moral principles of an individual (“The Evolution of the right to privacy after Roe V. Wade”, 369). The idea was to protect the health of women from dangerous clinical methods or to safeguard the fetus. In 1972, 14 states legalized some forms of abortion but dissatisfaction prevailed among the people and finally the Supreme Court in order to reach the common agreement gave its verdict in the Roe v. Wade case in 1973 (“The Evolution of the right to privacy after Roe V. Wade”, 371). The immediate consequence to this decision was a spur towards the debate. A “moral outrage at Court decisions on abortion, obscenity and school prayers inspired no fewer than 30 bills designed to curb the Court’s jurisdiction during 1980 and 1981”(McKay, 332). Again, according to Jean Bethke Elshtain the final outcome was “a civic and moral fissure in the body politic that will take many decades to heal, if indeed, it ever will” (Forsythe and Presser, 163). Poll results show people’s views were not quite in sync with that of the Court’s decision in the Roe v. Wade. As analyzed by Hunter, few people actually are able to perceive the legal extent of Roe and its descendants. Gallup Poll results during the period 1975 and 1988 suggest that unlike the decision taken by the Court, “abortion should be completely illegal or legal only under certain circumstances”(Forsythe and Presser, 164) and not legalized under any cause from the time of conception till birth. Another poll organized in 2003 at the time of 30th anniversary of Roe case found that above 70 percent support norms related to abortion like “informed consent, waiting periods and parental consent” (Forsythe and Presser, 165). Around 38 percent of the participants opined that abortion should be legal in majority of the situations or in any circumstance (Forsythe and Presser, 165). However there has been a steady decline in the support as reported in 2004 (“Roe v. Wade”). More than choice, the question gradually came up with respect to the accessibility of abortion for women from all sections of the society and their position. A two-level structure emerged where the women from middle and upper classes could avail the facility but the poor sections could not (Schoen, 350). So at the time of the decision taken women could opt for abortion only if she had contact and wealth or she had to suffer unsafe conditions (Garrow, 834). Several works contributed to this debate especially during the 80s suggesting the growth in abortion politics and campaign against the same. The issues therefore centered gradually round the position of women in the society and their role (Weddington). Abortion began to serve as the measuring for the same and also acted as a complement to women suffrage. (Schoen, 352) This was evaluated especially in the light of the right to privacy, which gained popularity and focus after this case (“The Evolution of the right to privacy after Roe V. Wade”). Despite being the immediate point of discussion, there has been gradual alteration in opinions of topical time. In 2003, according to the Center for Gender Equality, a survey conducted suggested that the importance of legalizing abortion with respect to women’s movement has been declining in terms of popularity and more women than men are growing to oppose it except under circumstance of rape, incest, or threats to the life of the mother” (Forsythe and Presser, 165). Similar result came up in the Zogby International’s poll of 2004 (“Roe V. Wade”, 1). So going by the verdict of the Supreme Court where the law has to protect the right of a woman to choose, one may say that in topical times, the choice would be against abortion itself and hence controversy might end right here. In the light of women’s right Weddington analyzes the strengths and weaknesses of the decision in the Roe v. Wade case. The main strength is with respect to the fact that the law has been in effect for more than 25 years and therefore Americans would hardly want to give away a right, which they have been enjoying for so long (Weddington, 817). The weakness also lies in the same fact though. This is because the opposition to the decision might increase in recent times since for a long period people have not faced the “horror stories” of a woman undergoing illegal abortion (Weddington, 818). When the decision in the case was taken on grounds of a woman’s right to privacy, people were aware of such harassments a woman had to undergo at the clinics to undergo an abortion both physical and mental. The author cites the example of a case when a woman even died while trying to perform self-abortion. Illegal bleeding and threats from the abortion providers were common experiences and therefore the decision came as a relief to many women at that time (Weddington, 818-19). Yet owing to is weakness in topical times protests are often carried out against such rights by pro-life supporters (Berger, Davie & Fokas, 79). The basic impact of the case’s decision on the American society is the increasing rates of abortion in the past years. Such abortions have even resulted in ending almost one-fourth of the pregnancies in a year and over a million deaths (Roe V. Wade, 3). Around one quarter of the Generation X have been “butchered” in the wombs (Vere). In fact the case brought into consideration a new area in the field of law by connecting abortion to constitutional issues. Firstly, criticisms have brought up the issue that the “unconstitutionality of abortion itself” was not considered (Stevens). The verdict of the case has led to a woman undergoing abortion to adjust herself within the college and workforce and therefore even release the father from parental responsibility at times. This has hindered the advancement of the society towards one where women are welcomed “with children” (Roe V. Wade). Women have died while performing legal abortion even and the law has saved the abortionists from any lawful action against them. Secondly, such issues might compel people to consider the case of euthanasia also permissible where the patient lies in a vegetative state and though breathing the individual is as good as death (Vere). The Terri Schiavo case where her husband asked for rendering medically assisted death wing to her state of prolonged unconsciousness therefore could be justified with the example of Roe v. Wade case law. (Vere). Several moral and ethical arguments have come up on this ground. Some critics have even challenged that the law seeks interference of government in the privacy of people (Stevens). In several countries of South East Asia where a baby boy is preferred to a baby girl, clinical detection of the sex of the fetus is a frequent practice. Despite being declared illegal, it is enacted through bribes and personal connections. Once the sex is detected as female often an abortion takes place. The girl child is considered as a curse and therefore giving birth to one is unholy (Kurjak, 126). If abortion gets legal protection and moral permission, then no doubt such killing will increase in number and lead to a grave moral disgrace. Although Roe V. Wade has raised too many controversies and oppositions with respect to the decisions taken by the court, one cannot deny the increasing level of instances where the act is actually carried out based upon pure selfish interests. Therefore one cannot really deny the fact that people do not abstain form exercise of the right whatever be there views. Hence if we go by the actually enacted by this right to choose abortion in the past years instead of going by mere opinions which can be easily fabricated one might get the real picture. The Roe v. Wade case has opened a door to investigate into the nooks of this choice for abortion especially in instances where the woman’s health is challenged or when the pregnancy results from rape or incest. Owing to the constitutional ground however the law extends to all cases where a woman wants to exercise her right to privacy. Instead of resolving the question of abortion as a choice therefore the case law has led to aggravation of the debate and led to further issues arising from the same. Works Cited Annotated Bibliography Berger, Peter L. Davie, Grace and Effie Fokas. Religious America, Secular Europe?, Farnham, Surrey: Ashgate Publishing, 2008, p. 79 The book highlights the religiosity of America and the secularity of Europe to contradict this. However this religiosity is explored form various aspects one of which is abortion, which is deemed to be immoral in US. With reference to the Roe v. Wade case the legality of abortion has been brought about with respect to the faiths of different communities especially Christianity. It puts forth the case specifications apart from the religious justification and reaction to the verdict of the case. Kurjak, Asim. Donald School textbook of ultrasound in obstetrics and gynecology, New Delhi, India: Jaypee Brothers, 2008. p. 126 The book points out the impact and functions of ultrasound in the stream of gynecology and how the utility has been abused for fetal detection of gender. This work point out that in several South Asian countries the detection of sex is still carried out illegally and the girl child is killed in the womb itself based on superstitions. This is mentioned in order to point out what mal effect the verdict of the Roe v. Wade case might have on the society. Forsythe, Clarke D. and Stephen B. Presser. “THE TRAGIC FAILURE OF ROE V. WADE: WHY ABORTION SHOULD BE RETURNED TO THE STATES”, Texas Review of Law and Politics, 10 (Fall 2005), 87-170. The article discusses about various issues regarding the decision and puts forward the public opinions as they were revealed by various polls organized at different points of time. Hence the decision for abortion or the control over abortion could be returned to the people of the state. In such a circumstance what could have happened is captured by the results of polls most of which gave opinions against abortion. Garrow, David J. Abortion before and after Roe v. Wade: An Historical Perspective, Albany Law Review, 62 (1999), 833-852 The article also discusses the status of the debate regarding abortion and the opinions of people and the law before and after the court decision for Roe v. Wade. It gives an historical perspective where women who belonged to wealthy and influential sections of the society could only have access to abortion. For the others, even if they could gain access, had to undergo an unsafe procedure. Hartman, Gary R., Mersky, Roy M., and Cindy L. Tate. Landmark Supreme Court cases, New York, NY: Infobase Publishing, 2004. p. 13 The book points out the details of the verdict in the Roe v. Wade case along with the other important cases of the Supreme Court. It discusses that time specification before which abortion could be carried out by the choice of the woman. The woman or the mother had this right on any valid ground before the fetus was mature enough to live outside the womb. This has been categorically defined as per trimesters and the scope of decision making of the mother. McKay, David. American Politics and Society, New York, NY: Willey-Blackwell, 2009. p. 332 The book shows that the Roe v. Wade case had far reaching impact on the society especially because it enhanced and emphasized upon the debate about the abortion issue mainly dividing opinions along two opposing lines. There was an outrage on moral grounds after the decision. These are captured here to show the social effect of the case in different public spheres. “ROE V. WADE: questions and answers”, USCCB, 2005, December 4, 2010 < http://www.usccb.org/prolife/issues/abortion/roevwade/RoeVWadeBI.pdf> The website gives answers to some questions regarding various aspects of the Roe v. Wade case. For instance it gives some empirical details regarding the social impact. It shows that abortion even if it is legalized might have negative impact on a woman’s health and life. With the help of these answers one might get a bird’s eye view about the case details and its impact along with serious meditations regarding this issue. Schoen, Johanna. “Reconceiving abortion: Medical practice, women’s access, and feminist politics before and after Roe V. Wade”, Feminist Studies, 26:2 (summer 2000), 349-376. The article discusses the status of women previous to the legalization of women’s right in favor of abortion. The situation for women was dangerous before the law was against abortion. This mainly pertains to the women who had to go through unsafe processes of abortion and unnecessary physical damage. Stevens, Clifford. “Roe v. Wade and Constitutional Law”, Catholic Culture, n.d., December 4 2010 < http://www.catholicculture.org/culture/library/view.cfm?id=7986&CFID=37975343&CFTOKEN=88572491> The article portrays the law of the constitution, which specifies the right to privacy based on which the verdict of the case was given. This brought out a new aspect in a case, which was trying to settle the issue of dispute between two women. The article also analyzes this form various angles bringing up the issue of government intervention in private life. “The Evolution of the right to privacy after Roe V. Wade”, American Journal of Law & Medicine, XIII: 2-3 (1987), 368-525. The article discusses mainly the laws and beliefs pertaining to abortion in the past and in act before the case decision took place. It discusses the traditions of the Romans and Greeks in line with Catholic beliefs. It makes a comparison between the situation, which prevailed before, and after the case decision was taken and abortion was legalized. Vere, Pete. “Gen-X: Is Terri Schiavo our Roe v. Wade?”, Catholic Online, 24 March 2005, December 4 2010 < http://www.catholic.org/featured/headline.php?ID=1957> The article connects the justification of legal abortion with the probability to legalize euthanasia. This brings up the specific case of Terri-Schiavo where her husband demanded clinically assisted death in order to end her vegetative existence. This opens another arena for argument on the basis of right to privacy, which led to the decision in favor of abortion. Weddington, Sarah. Reflections on the twenty-fifth anniversary of Roe v. Wade, Albany Law Review, 62 (1999), 812-832 The article talks of the change in position of women in the society as an impact of the case’s decision in favor of women’s right to abort and essentially analyze the strengths and weaknesses of the case decision after being in effect for more than 30 years. It made a huge difference to the women given their position in that time. It provided strength and meaning to their existence but at this point when people have not observed the hassles undergone by the mothers to get access to illegal abortion, the law loses its worth. Read More