6 Sep 2022

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Roe vs. Wade: The History of the Landmark Abortion Case

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Academic level: College

Paper type: Coursework

Words: 551

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Abortion remains one of the most controversial women rights issues of the 20th and the 21sts century. It attracts very divergent views across different sections of society, mainly due to its sensitive nature and child birth's central role. The majority of these indifferences stem from different cultural, ethical, scientific, social, and personal beliefs about life during pregnancy. However, the women's rights paradigms have profoundly influenced the current dimensions of the legal and cultural understanding of abortion for the past two centuries. Previously, most of the arguments about abortion only focused on morality, cultural, socio-economical, and scientific paradigms. For example, most conservatives' cultures in the US used religion as a justification for their strong opposition against the practice. However, as society became more conscious of the role of the woman in pregnancy, the debates shifted towards the rights spectrum, which consequentially led to the recognition of the practice as long as it was done willingly and within an environment that does not expose the mother to unnecessary health risks. 

Roe v. Wade was the most significant landmark rulings that changed the legal status of abortion across the US. It was a life-changing decision in US history that inspired a shift in the understanding of abortion and its definition in the context of women's rights. Referring to the 14th amendment, the US Supreme Court ruled nullified an existing statute that made abortion illegal in the US. To date, the ruling remains the most critical change in the course history of women's rights to terminate or keep pregnancy; therefore, it is imperative to learn more about it. More importantly, conceptualize its positive impact on women's rights to have a say on whether or not to keep pregnancies. 

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The ruling of the case Roe v. Wade indicates the acknowledgment of women's rights to determine whether or not they should go through with a pregnancy. The imposition of cultural, social, and ethical beliefs of women universally on pregnancy is a violation of their fundamental rights enshrined in the US constitutions. The US Supreme Court helped to protect the welfare of women and accorded them control over their bodies. In the early years, when the population growth of certain racial groups was prolonged, criminalizing the practice served an important social goal. However, with advancements in modern medicine, the erosion of the social family values and reduced mortality rates makes laws illegalizing abortion no longer relevant. 

In the case, Jane Roe, a two-time mother without the financial means to support her unborn child, engaged the services of anti-abortion attorneys to help her sue the district attorney to gain legal permission to get an abortion. In 1973, a 7-2 ruling struck down all the existing statutes that previously criminalized abortion. The ruling categorized abortion into three main periods. In the first trimester (1-3 Months), a woman could voluntarily get abortion services without any restrictions. In the second trimester (3- 6 months), the government had the right to stop the procedure and third trimester (6-9 months), the abortion could only happen on medical grounds. 

The Roe v. Wade case is symbolic of the achievement of women's rights. The legal doctrine of fundamental freedoms and rights embedded in the constitution exists as an instrument to help citizens control critical aspects of their lives. Childbirth is not just a biological process but has extensive social and economic implications on the mother. The motives of the 1880s anti-abortion were pure to protect the declining population at the time. However, by the 1970s, its relevance was obsolete and hence the need to embrace a new legal dimension that served the interests of society at the time. Thus, by legalizing abortion, the Roe vs. Wade, women would choose whether to keep or terminate a pregnancy based on their circumstances without infringement of their privacy or exposure to forceful childbirth. 

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StudyBounty. (2023, September 14). Roe vs. Wade: The History of the Landmark Abortion Case.
https://studybounty.com/roe-vs-wade-the-history-of-the-landmark-abortion-case-coursework

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