‘Mother’ is a very heartwarming and sweet word to hear. But with affection, also comes responsibility. A responsibility not everyone is capable of handling. Being a mother is a choice, not an obligation. The moment it becomes one, being a mother becomes a burden. It is a burden that takes the liberty to claim the rights we have as a woman.
My Body, My Choice.
Just as society started understanding the profound emotions and sympathies that go behind these words, the courage it takes to abide by them and the unity of standing tall with others who have had to make decisions similar to yours; we have yet again reached the end of the cliff. The overturn of the Roe v Wade case has rendered all our voices useless and has taken away our rights that have been in the system for the last 5 decades so callously.
To understand the initial ruling, the impact it has made on the lives of tens of thousands of women, and the repercussions of its sudden reversal we need to go back to 1970 and understand why the case arose in the first place.
What was the Case?
It all dates back to the 1970s when Jane Roe ( A pseudonym used to protect the plaintiff’s identity) filed a lawsuit against the district attorney of Dallas County (Texas), Henry Wade. The lawsuit challenged the infamous Texas law that made abortion illegal with the exception of doctors’ orders i.e when there is a danger to the mother’s life. While fighting in the case, Roe alleged that these laws were unconstitutionally indefinite and violated the rights of personal privacy that were protected by the constitution. She argued that the Fourteenth Amendment’s Due Process Clause promises its citizens the fundamental right to privacy, which includes a woman’s choice to get an abortion.
In the end, the court was tasked with balancing this right against protecting ‘ the potentiality of human life. It was finally ruled, 7-2, that the Texas law violated Jane Roe’s rights.
What was the initial ruling?
The opinion delivered by Judge Harry Blackmun on 22 January 1973 confirmed that the Due Process Clause of the 14th Amendment protects a woman’s right to abortion given that it falls within the right to privacy. Consequently, it bars any state action, including the Texas law, that violates the above.
The verdict further stated that while the state had legitimate interests and pure intentions, the law must be accountable for the variability of the interests over the course of pregnancy.
To conclude, the decision the court had decided upon accounted for the three trimesters of pregnancy. In the first 3 months, the decision for abortion was between the woman and her physician. The State could not interfere with or regulate the decision.
In the second trimester, the state has the liberty to enact certain regulations on abortion given they are strictly related to maternal health.
In the final three months, the fetus has reached the point of viability i.e the point at which it can survive outside the womb. At such a point the state can regulate or prohibit abortions completely, keeping in mind exceptions where abortion is necessary to save the life of the mother.
This ruling took into account more or less covered most of the factors regarding pregnancy and abortion. It took into account the amount of time pregnancy(4-6 weeks) is discovered and still provided them with enough time to make this decision and strictly upheld their right to privacy. Even in the last trimester the decision was left open for the states and allowed them to make decisions depending upon the course of pregnancy and state government.
The ruling found a balance between the right to privacy and the potentiality of human life and provided a basic framework that defined the fetus, until it reaches the point of viability, is a part of the woman and is not taken into account as a separate life.
This judgment has ruled our lives for 50 years. What has changed now that has led to the sudden reversal of the decision? Is it a change in our understanding, Change in biological findings, a change in administrations, or a change in public opinion?
Why was it overturned?
The case was overturned on Friday, 24th June in a 5-4 ruling. The expected, albeit contentious, the ruling allows states to set up their own abortion laws without the Roe v Wade case ruling over them now. Following the Supreme Court’s decision, about half the states are expected to ban or severely restrict abortion.
Justice Samuel Alito wrote the majority opinion that tossed out the decision made prior to the Roe v Wade case. He was joined in the judgment by four other conservatives including Chief Justice John Roberts.
It is to be noted that three of the judges in the majority have been appointed by former President Donald Trump.
The Majority justified its reason for the reversal of the Roe v. Wade decision in a 98 paged document. It stated that Roe must be overruled. It went ahead to say that the Constitution makes no reference to abortion and no such right is protected directly under any provision, including the Due Process Clause of the Fourteenth Amendment.
They believed that such a right must be ‘deeply rooted in this Nation’s history and tradition’. It concluded by stating that its time to heed the Constitution and return the issue of abortion to the people’s elected representatives.
Simultaneously the liberal justices filed a dissenting opinion to the ruling raising their voice against the judgment. They believed the majority has overruled the case for only political and personal propaganda and finally having mustered up enough votes, they have done away with it. The liberal justices firmly stood with the belief that no one can force a woman to bring a pregnancy to term. They expressed how this was just Trump’s lasting legacy that has continued to negatively impact the government and the citizens of the U.S.
Conclusions
I believe that the majority did in fact disregard women’s rights to equality and freedom. A woman should have rights over her body and life and this does hold constitutional significance. It is upon the court to make it implicit and set it out once and all. This is something that should begin by defining that a fetus before it reaches the point of viability, is not separate life and a part of the woman carrying it, strictly in biological terms. This helps find a balance between the ‘ potentiality of life’ and a woman’s right over her body.
Abortion is a very significant part of our system and it is important for various reasons. First and foremost, we need to take into account rape victims and sexually assaulted women who would now be forced to carry a child.
There are many out there that are too poor to actually provide for children but now have to raise a child and thereby compromise on the quality of life. In being ‘pro-life’, we have actually cost the life of 2 human beings.
It is also to be kept in mind that many who want to get an abortion are too weak to actually carry the baby and are at risk of death if they give birth. The teen birth rate for ages 14-19 in the US was 15.4% as of 2020. Many of these teenagers are not healthy or developed enough to carry a child and are at fatal risk if they do give birth.
Additionally, many women who have to bear children forcefully, have to shift focus from other things that hold importance in their life: their careers, mental health, education, etc.
Reports show that 50% of mothers leave their jobs to take care of their children and only 27% of return. Teenagers who are giving birth have to drop out of schools and colleges. It’s an added responsibility that overweighs other priorities or goals that the woman might have set for herself.
Many argue that the children once born can be put up for adoption. However, the adoption facilities and infrastructure are not even close to perfect. Over 122,000 of these children are eligible for adoption and they will wait, on average, four years for an adoptive family. Moreover, many of these children grow up in such poor circumstances and atmosphere that they end up living low lives and even turn to a life of crime. As reported, from 2013 to 2018, 30,467 children under the age of 10 were arrested in the US.
To conclude, it is important that lawmakers remember that the person who is affected the most, may it be emotionally, mentally, physically, psychologically, or economically, is the woman herself.
The lawmakers have been given disproportionate power over a personal choice that a woman should have. Getting an abortion is a huge and burdening decision for pregnant women, but they still make it, so that they can lead better lives. It is not fair that they don’t get to make it freely, with the burden of the law.
This is not to say that there should be no action taken on promoting safe sex and implementing certain restrictions to ensure there are no unlawful abortions such as abortions subsequent to sex determination or abortions after the fetus reaches the point of viability.
However, putting a complete ban on abortion takes away a woman’s right to privacy. A woman’s right to freedom. A woman’s right to her body. And a woman’s true right to become a mother.
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