Roe v Wade v YOU – Are We Going Back to the Early 1970s?

The recent leak of the US Supreme Court’s opinions on the life term of Roe v Wade has sent tremors of elation and fear throughout the nation. It is not 100% clear what the outcome will be when the final vote is taken, but it is important to note that the court overturning Roe v Wade does not make abortion illegal. The draft that was leaked makes the case that the decisions about the legalities of issues of abortion should be made by legislatures – US Senators, US Representatives, State Senators, State Representatives, etc. The power of deciding the fate of the fetus (and the fate of a woman carrying a fetus) will probably be in the hands of the legislature of the state you live in. 

 

This means that abortion may be illegal in Texas and Oklahoma, but it may be legal in California. 

 

The final decision of the Supreme Court is definitely going to stir things up. 

 

Before abortion was made legal in January 1973, via the decision on Roe v Wade, 30 states prohibited all abortions, with no exceptions, 16 states banned abortion except in cases of incest, rape, and a threat to the mother’s health, three states allowed their residents to get abortions, and New York generally allowed abortions.

 

Now, with abortion clinics closing up all over the country, if you are a woman, or a family member of a woman seeking counseling about a pregnancy decision, or worried about your health if you carry to term, you may be forced to travel out-of-state, or take things into your “own hands.”

 

Debates about abortion have been contentious since the nation’s beginning, and many abortions were routinely done in the past, especially if the fetus was before what is called “quickening,” which refers to the movements in the womb. 

 

By 1900, abortion was considered a felony in every state. Some states allowed abortion exceptions in pregnancies caused by rape or incest, or if the woman’s life was in danger.

 

Abortions did occur, however, and became increasingly available. Margaret Sanger founded The American Birth Control League in 1921. It grew into what is now called Planned Parenthood. 

 

The feminist movement pushed for legislation and societal improvements that would assist women in ways that would help them care for their families and give them better options, not only the choice of abortion. 

 

Doctors were the loudest anti-abortion voices and they influenced state legislatures by advocating for laws against abortion, as well as laws against birth control. This movement precipitated the modern movement over women’s rights and a woman’s “right to choose.” Other groups fought back in support of abortion and availability of contraceptives.

 

Colorado, in 1967, became the first state to make abortion legal in cases of rape, incest, or in which pregnancy threatened the mother’s health. Similar laws were passed in California, Oregon and North Carolina. In 1970, Hawaii became the first state to legalize abortions upon the request of the woman, and New York repealed its anti-abortion 1830 law and allowed abortions up to 24 weeks. 

 

 By the end of 1972, 13 states had a law similar to Colorado’s, and Mississippi allowed abortion when there was evidence of rape or incest. 

 

Alabama and Massachusetts allowed abortions in cases where the woman’s physical health was in peril. Women would travel out of state to obtain abortions where they were legal.

 

 

The Roe v Wade decision established that a woman had the right to an abortion and defined 12 weeks gestation (the end of a trimester) as the threshold for determining the outcome of the pregnancy. Restrictions or bans could be imposed after 12 weeks of pregnancy.

 

The bottom line in the Roe v Wade decision is the issue of the right to privacy, which means that a woman’s decision about whether to give birth should not be controlled by the government. The Roe v Wade Court decision stated that a right to privacy existed and included the right to have an abortion until “viability,” which was a determination made by a doctor. After viability, a woman could obtain an abortion if her health was in danger, and that could include her mental health. 

 

The Roe v Wade decision in 1973 determined that previous laws criminalizing abortions violated the 14th Amendment.

 

A study in 2022 about public opinion on abortion, revealed that 90% approve of abortion when the health of the woman is endangered, 77.4% when there is a strong chance of defects in the baby that could result from the pregnancy, and 79.5% when the pregnancy is the result of rape. Support for abortion has gradually increased in the US since the Roe v Wade ruling.

 

Over the years, many cases have continued to face the courts, and many states have updated their laws and restrictions on abortions and contraceptives. 

 

The issue of when life actually begins is highly debated. 

 

If Roe v Wade is struck down, women will go back to the days before 1973, when abortions were performed illegally, or in adjacent states that forced women to leave their families to travel, and in the worst case scenario, desperate women will be driven to dangerous methods to end their pregnancies.

 

Abortion pills (RU-486) have become readily available in the US, but they could easily be taken off the market as well. Depending on where you live, you may be able to get a medication abortion up to 11 weeks after the first day of your last period.

 

So, with all the changes that appear to be coming up in the future, many women do not know what they will do if they have an unwanted pregnancy, and if, for whatever reason, they choose not to carry to term.