Abortion Laws in the U.S
Sharon Myers
POL201: American National Government
Marc Hatten
February 4, 2014
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Abortion Laws in the U.S. An important issue facing America today is the abortion issue. At the present, the Federal policy concerning abortion in the U.S. is it is the legal right of a woman to obtain an abortion for any reason in all 50 states in the U.S. At the federal level abortion is legal but each state has its own laws concerning abortion. Although it is legal for a woman to get an abortion in the U.S., there may not be doctors or clinics in her state that will perform the abortion. In 1973, Woe vs. Wade, the Supreme Court ruled that if a woman chooses to have an abortion she is protected under the 9th and 14th amendment in the constitution. Abortion is possibly the biggest civil rights issue facing America today. Whose rights should the government protect, the woman seeking an abortion who has the right to privacy or the fetus who has a constitutional right to life? There …show more content…
are two positions to the abortion debate, the point of view from the woman who desires an abortion for various reasons and the interest of the innocent fetus inside of its mother’s womb to life. Is it the U.S. Federal government’s responsibility to make the decisions concerning abortion or should each state be allowed to have their own laws concerning the two positions on the abortion debate? Abortion was legal in the U.S. from the time the first settlers discovered America. They were legal when the constitution of the U.S. was written (National Abortion Federation, 2010). In the mid to late 1800’s abortion laws began to be written making abortion illegal. The laws varied from state to state. In 1910 the American Medical Association (AMA) established that it was immoral and dangerous for a woman to have an abortion. An abortion became illegal with the
U.S. ABORTION 3 exception of saving the life of the mother in which case a medical doctor would make the decision (National Abortion Federation, 2010). In 1973 the Supreme Court made a ruling that it was legal for a woman to get an abortion within the first trimester of pregnancy for any reason from a well-trained medical practitioner. The court’s decision to legalize abortion in all the states in Roe vs. Wade made abortions safer for woman. Women were allowed to go to their doctor’s and receive safe abortions which drastically deceased injury and death relating to illegal abortions. When our forefathers wrote the Constitution they intended for the Federal government to protect the rights of its citizens and the responsibility of the state government to enforce the laws. Abortion is a hot topic in the U.S. between conservative Republicans and liberal Democrats. The Fourteenth Amendment to the U. S. Constitution states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"(U.S. Constitution, 1868 Article XIV). The question is does an unborn fetus have the right to life? This question is the reason for the debate in our country today. In 2004 a bill was enacted which recognizes an unborn baby as a person within the guidelines of the 14th amendment. This bill is called “the Unborn Victims of Violence Act” (U.S. code 1841, 2004). “The law covers the "child in utero," defined as "a member of the species homo sapiens, at any stage of development, who is carried in the womb." The law
U.S. ABORTION 4 explicitly provides that it does not apply to any abortion to which a woman has consented, to any act of the mother herself (legal or illegal), or to any form of medical treatment. The National Right to Life Committee strongly supported enactment of the law because it achieved other pro-life purposes that are worthwhile in their own right: The protection of unborn children from acts of violence other than abortion, the recognition that unborn children may be victims of such violent criminal acts, and the just punishment of those who harm unborn children while engaged in federally prohibited acts of violence” (National Right to Life Committee, 2004). Although this is a federal law it does not take the place of state laws that protect the unborn. The law applies to unborn fetuses that are injured or killed during a federal crime that is listed within the law. Christy Hoppe made the statement “Both sides on the abortion issue have looked to the future and agree on a scenario: Individual states will probably decide its legality” (Hoppe, 2006).
Hoppe also made a good point that most Americans agree that abortions should be safely performed, done in rare circumstances and legal. Since 2006 little has changed in the opinion of the American people towards abortion. A poll taken in January 2013 found that the public disagrees about whether it is moral to have an abortion. “47% say it is morally wrong to have an abortion, 13% find this morally acceptable, 27% say this is not a moral issue and 9% volunteer that it depends on the situation” (Pew Research,
2013). As of today in the U.S. it is against the federal law to deny a woman an abortion within the first trimester of pregnancy although states can individually place restrictions on those abortions. On state levels there have been many victories on the abortion issues but not many at the federal level. In Nebraska there is a state law prohibiting any abortions after week 20 on the grounds that a fetus feels pain after 20 weeks gestation. In North Dakota the strictest abortion law was passed
U.S. ABORTION 5 in 2013 which forbids any abortion after the heartbeat of the fetus is heard which can be heard as early as 6 weeks gestation (Eckholm and Eligon, 2013. It is an undeniable fact that Woe vs. Wade has made abortions safer for woman, this is a victory. Congress is making laws that significantly affect the number of abortions performed in the U.S. by limiting abortions being paid by Medicaid through the Hyde Amendment which prohibits federal money to pay for abortions (Govtrack.US, 2011). At the federal level abortion is legal but can’t be paid for with federal funds. Each state has their own laws concerning at what stage in a pregnancy an abortion can be performed. The protection of life is our civil right. Abortion denies an unborn fetus its civil right. Until the federal government recognizes the rights of an unborn child abortion will remain a controversial matter in the U.S.
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Eckholm, E. and Eligon, J. (2013). “New Laws Ban Most Abortions in North Dakota”. The New York Times. Retrieved from http://www.nytimes.com/2013/03/27/us/north-dakota-governor-signs-strict-abortion-limits.html
GovtrackUS (2011) S. 1488 (112th): Hyde Amendment Codification Act Retrieved from https://www.govtrack.us/congress/bills/112/s1488/text
Hoppe, C. (2006). Vote may be key to future of abortion: State reps will play large role if roe is overturned, groups say. Knight Ridder Tribune Business News. Retrieved from http://search.proquest.com/docview/463046596?accountid=325
National Abortion Federation, (2010). History of Abortion. Retrieved from http://www.prochoice.org/about_abortion/history_abortion.html
U.S. Code 1841, (2004). The Unborn Victims of Violence Act. Retrieved from http://www.law.cornell.edu/uscode/text/18/1841
U.S. Constitution, (1868). Article XIV. Retrieved from http://www.ourdocuments.gov/doc.php?flash=true&doc=43