why should abortion be made legal argumentative essay

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Argumentative Essay Outline on Abortion

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Published: Mar 13, 2024

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Introduction, thesis statement, paragraph 1: the right to bodily autonomy, paragraph 2: the health and safety of women, paragraph 3: reproductive freedom and economic justice.

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Equality Arguments for Abortion Rights

Introduction.

Roe v. Wade grounds constitutional protections for women’s decision wheth­er to end a pregnancy in the Due Process Clauses. 1   But in the four decades since Roe , the U.S. Supreme Court has come to recognize the abortion right as an equality right as well as a liberty right.  In this Essay, we describe some distinctive features of equality arguments for abortion rights.  We then show how, over time, the Court and individual Justices have begun to employ equal­ity arguments in analyzing the constitutionality of abortion restrictions.  These arguments first appear inside of substantive due process case law, and then as claims on the Equal Protection Clause.  Finally, we explain why there may be inde­­­pendent political significance in grounding abortion rights in equality values.

Before proceeding, we offer two important caveats.  First, in this brief Essay we discuss equality arguments that Supreme Court justices have recognized—not arguments that social movement activists made in the years before Roe , that academics made in their wake, or that ordinary Americans might have made then or might make now.  Second, we address, separately, arguments based on the Due Process Clauses and the Equal Protection Clause.  In most respects but one, 2 however, we emphasize that a constitutional interpreter’s attention to the social organization of reproduction could play a more important role in de­termining the permissibility of various abortion-restrictive regulations than the particular constitutional clause on which an argument is based.

I. Equality Arguments for Abortion Rights

Equality arguments are also concerned about the gendered impact of abortion restrictions.  Sex equality arguments observe that abortion restrictions deprive women of control over the timing of motherhood and so predictably exacerbate the inequalities in educational, economic, and political life engen­dered by childbearing and childrearing.  Sex equality arguments ask whether, in protecting unborn life, the state has taken steps to ameliorate the effects of compelled motherhood on women, or whether the state has proceeded with indifference to the impact of its actions on women. 5   Liberty arguments focus less on these gendered biases and burdens on women.

To be clear, equality arguments do not suppose that restrictions on abor­tio­n are only about women.  Rather, equality arguments are premised on the view that restrictions on abortion may be about both women and the unborn— both and .  Instead of assuming that restrictions on abortion are entirely benign or entirely invidious, equality analysis entertains the possibility that gender stereotypes may shape how the state pursues otherwise benign ends.  The state may protect unborn life in ways it would not, but for stereotypical assumptions about women’s sexual or maternal roles.

For example, the state’s bona fide interest in protecting potential life does not suffice to explain the traditional form of criminal abortion statutes in America.  Such statutes impose the entire burden of coerced childbirth on preg­­nant women and provide little or no material support for new mothers.  In this way, abortion restrictions reflect views about how it is “natural” and appropriate for a woman to respond to a pregnancy.  If abortion restrictions were not prem­ised on these views, legislatures that sought to coerce childbirth in the name of protecting life would bend over backwards to provide material support for the wo­men who are required to bear—too often alone—the awesome physical, emotional, and financial costs of pregnancy, childbirth, and childrearing. 6   Only by viewing pregnancy and motherhood as a part of the natural order can a leg­islature dismiss these costs as modest in size and private in nature.  Nothing about a desire to protect fetal life compels or commends this state of affairs.  When abortion restrictions reflect or enforce traditional sex-role stereotypes, equality arguments insist that such restrictions are suspect and may violate the U.S. Constitution.

II. Equality Arguments in Legal Doctrine

While Roe locates the abortion right in the Due Process Clauses, the Supreme Court has since come to conceive of it as an equality right as well as a liberty right.  The Court’s case law now recognizes equality arguments for the abortion right based on the Due Process Clauses.  Additionally, a growing num­ber of justices have asserted equality arguments for the abortion right inde­pendently based on the Equal Protection Clause.

A. Equality Arguments for Abortion Rights and the Due Process Clauses

The Court has also invoked equality concerns to make sense of the Due Process Clauses in the area of abortion rights.  The opinion of the Court in Planned Parenthood of Southeastern Pennsylvania v. Casey 11 is shaped to a sub­stantial degree by equality values.  At the very moment in Casey when the Court reaffirms constitutional protection for abortion rights, the Court ex­plains that a pregnant woman’s “suffering is too intimate and personal for the State to insist, without more, upon its own vision of the woman’s role, however dominant that vision has been in the course of our history and our culture.” 12   This emphasis on the role autonomy of the pregnant woman reflects the in­fluence of the equal protection sex discrimination cases, which prohibit the government from en­forcing stereotypical roles on women.  Likewise, in the stare decisis passages of Casey , the Court emphasizes, as a reason to reaffirm Roe , that “[t]he ability of women to participate equally in the economic and so­cial life of the Nation has been facilitated by their ability to control their re­productive lives.” 13   Here, as elsewhere in Casey , the Court is interpreting the Due Process Clause and draw­ing on equality values in order to make sense of the substance of the right.

The equality reasoning threading through Casey is not mere surplusage.  Equality values help to identify the kinds of restrictions on abortion that are unconstitutional under Casey ’s undue burden test.  As the joint opinion applies the test, abortion restrictions that deny women’s equality impose an undue burden on women’s fundamental right to decide whether to become a mother.  Thus, the Casey Court upheld a twenty-four-hour waiting period, but struck down a spousal notification provision that was eerily reminiscent of the com­mon law’s enforcement of a hierarchical relationship between husband and wife.  Just as the law of coverture gave husbands absolute dominion over their wives, so “[a] State may not give to a man the kind of dominion over his wife that parents exercise over their children.” 14   An equality-informed understanding of Casey ’s undue burden test prohibits government from coercing, manipulating, misleading, or stereotyping pregnant women.

B. Equality Arguments for Abortion Rights and the Equal Protection Clause

In Carhart , Justice Ginsburg invoked equal protection cases—including Virginia —to counter woman-protective arguments for restricting access to abortion, which appear in the majority opinion.  Woman-protective arguments are premised on certain judgments about women’s nature and decisional com­petence. 22 But the equal protection precedents that Justice Ginsburg cited are responsive both to woman-protective and to fetal-protective anti-abortion ar­guments.  As Justice Blackmun’s Casey opinion illustrates, equality arguments are concerned that gender assumptions shape abortion restrictions, even when genuine concern about fetal life is present.

C. What About Geduldig ?

Equality arguments complement liberty arguments, and are likely to travel together.  There is therefore little reason to reach the abstract question of wheth­er, if Roe and Casey were overruled, courts applying existing equal protection doc­trine would accord constitutional protection to decisions concerning abortion .

Proponents of equality arguments have long regarded the state’s reg­ulation of pregnant women as suspect—as potentially involving problems of sex-role stereotyping.  But in one of its early equal protection sex discrimination decisions, the Court reasoned about the regulation of pregnancy in ways not necessarily consistent with this view.  In Geduldig , the Court upheld a California law that provided workers comprehensive disability insurance for all tempo­rarily disabling conditions that might prevent them from working, except preg­nancy.  According to the conventional reading of Geduldig , the Court held categorically that the regulation of pregnancy is never sex based, so that such reg­ulation warrants very deferential scrutiny from the courts.

The conventional wisdom about Geduldig , however, is incorrect.  The Geduldig Court did not hold that governmental regulation of pregnancy never qualifies as a sex classification.  Rather, the Geduldig Court held that governmen­tal regulation of pregnancy does not always qualify as a sex classification. 24   The Court acknowledged that “distinctions involving pregnancy” might inflict “an invidious discrimination against the members of one sex or the other.” 25   This reference to invidiousness by the Geduldig Court is best understood in the same way that Wendy Williams’s brief in Geduldig used the term “invidious”—namely, as referring to traditional sex-role stereotypes. 26   Particularly in light of the Court’s recognition in Nevada Department of Human Resources v. Hibbs 27 that pregnant women are routinely subject to sex-role stereotyping, 28 Geduldig should be read to say what it actually says, not what most commentators and courts have assumed it to say.

Geduldig was decided at the dawn of the Court’s sex discrimination case law and at the dawn of the Court’s modern substantive due process jurispru­dence.  The risk of traditional sex-role stereotyping and stereotyping around preg­­nancy was developed more fully in later cases, including in twenty-five years of litigation over the Pregnancy Discrimination Act. 29   This explains why, when Hibbs was decided in 2003, the Court could reason about pregnancy in ways that the Geduldig Court contemplated in theory but could not register in fact.

III. The Political Authority of the Equal Protection Clause

We have thus far considered the distinctive concerns and grounds of equal­­ity arguments, which enable them to complement liberty arguments for abor­tion rights.  We close by considering some distinctive forms of political authority that equality arguments confer.

Some critics pejoratively refer to certain of the Court’s Due Process deci­sions as recognizing “unenumerated” constitutional rights.  Although there are two Due Process Clauses in the Constitution, these interpreters regard decisions like Roe , Casey , and Lawrence , which recognize substantive rather than pro­cedural due process rights, as lacking a basis in the text of the Constitution, hence as recognizing “unenumerated rights.”

The pejorative “unenumerated rights” is often deployed against Roe and Lawrence in an ad hoc manner, without clarification of whether the critic of unenumerated rights is prepared to abandon all bodies of law that have similar roots or structure.  For example, those who use the objection from unenu­merated rights to attack Roe and Lawrence generally assume that the First Amendment limits state governments; but of course, incorporation of the Bill of Rights against the states is also a feature of the Court’s substantive due process doctrine. 30   Other “unenumerated rights” to which most critics of Roe and Lawrence are committed include the applicability of equal protection prin­ciples to the conduct of the federal government. 31   And this view cannot readily distinguish other “unenumerated” rights of unquestioned authority, such as the rights to travel (or not), 32 marry (or not), 33 procreate (or not), 34 and use contra­ceptives (or not). 35   At their Supreme Court confirmation hearings, Chief Justice Roberts and Justice Alito learned from the experience of Judge Robert Bork by swearing allegiance to Griswold .

But even if the pejorative term “unenumerated” is deployed selectively and inconsistently, it has frequently been deployed in such a way as to affect popular perceptions of Roe ’s authority.  Accordingly, in light of criticism of the abortion right as “unenumerated,” it is worth asking whether grounding the right in the Equal Protection Clause, as well as the Due Process Clauses, can enhance the political authority of the right.

Adding claims on the Equal Protection Clause to the due process basis for abortion rights can strengthen the case for those rights in constitutional politics as well as constitutional law.  The Equal Protection Clause is a widely ven­erated constitutional text to which Americans across the political spectrum have long laid claim.  And crucially, once the Supreme Court recognizes that people have a right to engage in certain conduct by virtue of equal citizenship, Americans do not count stripping them of this right as an increase in con­sti­tutional legitimacy.  We cannot think of a precedent for this dynamic.  And so: If the Court were to recognize the abortion right as an equality right, a future Court might be less likely to take this right away.

This understanding has increasingly come to shape constitutional law.  We have documented the Supreme Court’s equality-informed understanding of the Due Process Clause in Lawrence and Casey .  We have also identified the grow­ing number of justices who view the Equal Protection Clause as an inde­pendent source of authority for abortion rights.  We view this reading of the substantive due process and equal protection cases as contributing to a synthetic understanding of the constitutional basis of the abortion right—as grounded in both liberty and equality values.  For a variety of reasons this Essay has ex­plored, the synthetic reading leaves abortions right on stronger legal and po­litical footing than a liberty analysis alone.

• Roe v. Wade, 410 U.S. 113 (1973). ↩
• See infra Part III on the political authority of the Equal Protection Clause. ↩
• For examples of work in the equality tradition that emerged in the years before Planned Parenthood of Southeastern Pennsylvania v. Casey , 505 U.S. 833 (1992), see Laurence H. Tribe, American Constitutional Law § 15-10, at 1353–59 (2d ed. 1990); Ruth Bader Ginsburg, Some Thoughts on Autonomy and Equality in Relation to Roe v. Wade, 63 N.C. L. Rev. 375 (1985); Sylvia A. Law, Rethinking Sex and the Constitution , 132 U. Pa. L. Rev. 955 (1984); Catharine A. MacKinnon, Reflections on Sex Equality Under Law , 100 Yale L.J. 1281 (1991); Reva Siegel, Reasoning From the Body: A Historical Perspective on Abortion Regulation and Questions of Equal Protection , 44 Stan. L. Rev. 261 (1992) [hereinafter Siegel, Reasoning From the Body ]; and Cass R. Sunstein, Neutrality in Constitutional Law (With Special Reference to Pornography, Abortion, and Surrogacy) , 92 Colum. L. Rev. 1 (1992).  For more recent sex equality work, see, for ex­ample, What Roe v. Wade Should Have Said: The Nation’s Top Legal Experts Rewrite America’s Most Controversial Decision (Jack M. Balkin ed., 2005) (sex equality opinions by Jack Balkin, Reva Siegel, and Robin West); and Reva B. Siegel, Sex Equality Arguments for Reproductive Rights: Their Critical Basis and Evolving Constitutional Expression , 56 Emory L.J. 815, 833–34 (2007) [hereinafter Siegel, Sex Equality Arguments for Reproductive Rights ] (surveying equality arguments after Casey ). ↩
• See, e.g. , Siegel, Sex Equality Arguments for Reproductive Rights , supra note 3, at 817–22. ↩
• See id. at 819. ↩
• See generally Siegel, Reasoning From the Body , supra note 3. ↩
• 539 U.S. 558 (2003). ↩
• Id. at 578. ↩
• Id. at 575. ↩
• Thus the Court wrote that the very “continuance” of Bowers v. Hardwick , 478 U.S. 186 (1986), “as precedent demeans the lives of homosexual persons.”  Lawrence , 539 U.S. at 575. ↩
• 505 U.S. 833 (1992). ↩
• Id. at 852. ↩
• Id. at 856. ↩
• Id. at 898. ↩
• Id. at 928 (Blackmun, J., concurring in part, concurring in the judgment in part, and dissenting in part). ↩
• Id. ↩
• 550 U.S. 124 (2007). ↩
• Id. at 172 (Ginsburg, J., dissenting).  For an argument that “equal citizenship stature” is central to Justice Ginsburg’s constitutional vision, see generally Neil S. Siegel, “Equal Citizenship Stature”: Justice Ginsburg’s Constitutional Vision , 43 New Eng. L. Rev. 799 (2009). ↩
• 518 U.S. 515 (1996). ↩
• Id. at 534. ↩
• See generally Neil S. Siegel, The Virtue of Judicial Statesmanship , 86 Tex. L. Rev. 959, 1014–30 (2008); Reva B. Siegel, Dignity and the Politics of Protection: Abortion Restrictions Under Casey / Carhart, 117 Yale L.J. 1694 (2008). ↩
• 417 U.S. 484 (1974). ↩
• See Neil S. Siegel & Reva B. Siegel, Pregnancy and Sex Role Stereotyping: From Struck to Carhart, 70 Ohio St. L.J. 1095, 1111–13 (2009); Reva B. Siegel, You’ve Come a Long Way, Baby: Rehnquist’s New Approach to Pregnancy Discrimination in Hibbs, 58 Stan. L. Rev. 1871, 1891–97 (2006). ↩
• Geduldig , 417 U.S. at 496–97 n.20. ↩
• See Brief for Appellees at 38, Geduldig , 417 U.S. 484 (No. 73-640), 1974 WL 185752, at *38 (“The issue for courts is not whether pregnancy is, in the abstract, sui generis, but whether the legal treatment of pregnancy in various contexts is justified or invidious.  The ‘gross, stereotypical dis­tinc­tions between the sexes’ . . . are at the root of many laws and regulations relating to preg­nancy.” (quoting Frontiero v. Richardson, 411 U.S. 677, 685 (1973))). ↩
• 538 U.S. 721 (2003). ↩
• Id. at 731 (majority opinion of Rehnquist, C.J.) (asserting that differential workplace leave policies for fathers and mothers “were not attributable to any differential physical needs of men and wo­men, but rather to the pervasive sex-role stereotype that caring for family members is women’s work”); id. at 736 (quoting Congress’s finding that the “prevailing ideology about women’s roles has . . . justified discrimination against women when they are mothers or mothers-to-be” (cita­tion omitted) (internal quotation marks omitted)). ↩
• Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e(k) (2006) (“The terms ‘because of sex’ or ‘on the basis of sex’ include, but are not limited to, because of or on the basis of preg­nancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes . . . .”).  Concerns about sex-role stereotyping played a significant part in Congress’s decision to amend Title VII .  See, e.g. , H.R. Rep. No. 95-948, at 3 (1978) (“[T]he assumption that women will become [pregnant] and leave the labor force leads to the view of women as marginal workers, and is at the root of the discriminatory practices which keep women in low-paying and dead-end jobs.”). ↩
• See, e.g. , McDonald v. City of Chicago, 130 S. Ct. 3020, 3050 (2010) (Scalia, J., concurring) (“Despite my misgivings about Substantive Due Process as an original matter, I have acquiesced in the Court’s incorporation of certain guarantees in the Bill of Rights ‘because it is both long es­tab­lished and narrowly limited.’”  This case does not require me to reconsider that view, since straightfor­ward application of settled doctrine suffices to decide it.” (quoting Albright v. Oliver, 510 U.S. 266, 275 (1994))). ↩
• See Bolling v. Sharpe, 347 U.S. 497 (1954) (holding that de jure school segregation in Washington, D.C. violates the equal protection component of the Due Process Clause of the Fifth Amendment); see also, e.g. , Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 240 (1995) (Thomas, J., concurring in part and concurring in the judgment) (“These programs not only raise grave constitutional questions, they also undermine the moral basis of the equal protection principle.  Purchased at the price of immeasurable human suffering, the equal protection principle reflects our Nation’s understanding that such classifications ultimately have a destructive impact on the individual and our society.” (emphasis added)). ↩
• See Shapiro v. Thompson, 394 U.S. 618 (1969) (right to travel as a fundamental right). ↩
• See Zablocki v. Redhail, 434 U.S. 374 (1978) (right to marry as a fundamental right); Loving v. Virginia, 388 U.S. 1 (1967) (same). ↩
• See Skinner v. Oklahoma, 316 U.S. 535 (1942) (right to procreate as a fundamental right). ↩
• See Eisenstadt v. Baird, 405 U.S. 438 (1972) (right to contraception for all individuals as a fundamental right); Griswold v. Connecticut, 381 U.S. 479 (1965) (right to contraception for married couples as a fundamental right). ↩
• Gonzales v. Carhart, 550 U.S. 124, 172 (2007) (Ginsburg, J., dissenting). ↩

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About the author.

Neil S. Siegel is Professor of Law and Political Science, Co-Director, Program in Public Law, Duke Law School. Reva B. Siegel is Nicholas deB. Katzenbach Professor of Law, Yale University.

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The Importance of Women’s Choice: Exploring the Reasons Why Abortion Should Be Legal Essay

Abortion has been a highly debated topic for many years, with varying opinions on the subject. While some argue that abortion should be illegal, others believe that women have the right to make decisions about their own bodies and that abortion should be legal. This issue is particularly relevant in today’s society, and if you want to have a boost in this topic, read this essay, written by a custom essay writing service .

In this why should abortion be made legal essay, a few reasons why abortion should be legal, including women’s right to choose, safety and regulation, the reduction of unwanted pregnancies, preventing children from being born into unsafe environments, and reducing stigma and shame.

Examining Whether Abortion Should Be Legal

Abortion is a highly controversial and emotional topic that has been debated for decades. The argument over whether or not it should be legal continues to spark intense discussions in politics, religion, and society. On the one hand, opponents of abortion argue that it is morally wrong and violates the sanctity of life. On the other hand, proponents of abortion argue that women have the right to make their own choices about their bodies and that banning abortion puts women’s health and safety at risk.

Women’s Right to Choose

Firstly, women have the right to make their own choices about their bodies. This includes the right to choose whether or not to have a child. By making abortion illegal, we are denying women this basic human right. Women should have the ability to make choices about their own lives, including having an abortion if they so choose.

Safety and Regulation

Secondly, banning abortion does not stop it from happening. When abortion is illegal, it is often done in unsafe and unsanitary conditions, leading to health complications and even death. Legalizing abortion would help to ensure that it is done in a safe and regulated environment, reducing the risk of complications.

Reduction of Unwanted Pregnancies

Thirdly, legalizing abortion can reduce the number of unwanted pregnancies. This is because women who have access to safe and legal abortions are more likely to use contraception to prevent future unwanted pregnancies. Additionally, by providing access to education about contraception and family planning, we can help reduce the number of unwanted pregnancies and the need for abortion.

Preventing Children from Being Born into Unsafe Environments

Fourthly, legalizing abortion can help reduce the number of children born into poverty or abusive households. Women who are unable to care for a child may choose to have an abortion rather than bring a child into an environment that is not safe or stable. By allowing women to make this choice, we can help prevent children from being born into situations where they may not receive the care and support they need.

Reducing Stigma and Shame

Legalizing abortion can help reduce the stigma and shame surrounding the topic. Women who have had abortions often face discrimination and judgment from others, which can lead to feelings of shame and isolation. By legalizing abortion, we can help reduce this stigma and create a more supportive and accepting environment for women who have made this choice.

The debate around whether abortion should be legal continues to be a divisive issue. However, the reasons why abortion should be legal are compelling and numerous. By legalizing abortion, we can ensure that women have access to safe and regulated procedures, reducing the risk of complications and even death. Additionally, women should have the right to make choices about their own bodies, which includes the right to choose whether or not to have a child. Legalizing abortion can also help reduce the number of unwanted pregnancies and prevent children from being born into unsafe or unstable environments. Finally, reducing the stigma and shame surrounding the topic can create a more supportive and accepting environment for women who have made this choice.

Ultimately, it is important to prioritize women’s health, safety, and autonomy in deciding whether abortion should be legal. By doing so, we can ensure that women are empowered to make decisions about their own bodies and lives.

Tips On Writing Why Abortion Should Be Legalized Essay

The topic of abortion is a sensitive and often controversial issue that affects women’s rights and autonomy. If you’re interested in advocating for women’s reproductive rights and want to write an essay on why abortion should be legalized, there are some important tips to keep in mind.

Conduct thorough Research

Before writing your argumentative essay about abortion, it is important to conduct research on the topic of abortion. This will help you understand the different arguments for and against abortion, and help you develop a more informed perspective on the issue.

Develop a Clear Thesis Statement

Your thesis statement should clearly state your position on the issue of whether abortion should be legalized. This will guide the rest of your should abortion be legal or illegal essay and ensure that you are making a clear and compelling argument.

Use Credible Sources

When making your argument, it is important to use credible sources to support your claims. This may include academic journals, news articles, and other reputable sources of information.

Address Counterarguments

When making your argument, it is important to consider counterarguments and address them in your should abortion be legal essay. This will help strengthen your argument and demonstrate that you have considered multiple perspectives on the issue.

Use Clear and Concise Language

To effectively communicate your argument, it is essential to use clear and concise language. Avoid using overly technical language or jargon that may be difficult for readers to understand.

Use Evidence to Support Your Claims

Whenever possible, use evidence to support your claims. This may include statistics, studies, or personal stories that help illustrate the impact of legalizing abortion.

Conclude with a Strong Statement

Your conclusion should summarize your argument and leave readers with a strong statement that reinforces your position on the issue. This may include a call to action or a final thought that highlights the importance of legalizing abortion.

When writing opinion essays such as “why abortion should be legalized”, all the above tips can help you a lot. By empowering women with the right to make decisions about their own bodies and promoting access to safe and legal abortion, we can create a more inclusive and just society for all.

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There Are More Than Two Sides to the Abortion Debate

Readers share their perspectives.

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Earlier this week I curated some nuanced commentary on abortion and solicited your thoughts on the same subject. What follows includes perspectives from several different sides of the debate. I hope each one informs your thinking, even if only about how some other people think.

We begin with a personal reflection.

Cheryl was 16 when New York State passed a statute legalizing abortion and 19 when Roe v. Wade was decided in 1973. At the time she was opposed to the change, because “it just felt wrong.” Less than a year later, her mother got pregnant and announced she was getting an abortion.

She recalled:

My parents were still married to each other, and we were financially stable. Nonetheless, my mother’s announcement immediately made me a supporter of the legal right to abortion. My mother never loved me. My father was physically abusive and both parents were emotionally and psychologically abusive on a virtually daily basis. My home life was hellish. When my mother told me about the intended abortion, my first thought was, “Thank God that they won’t be given another life to destroy.” I don’t deny that there are reasons to oppose abortion. As a feminist and a lawyer, I can now articulate several reasons for my support of legal abortion: a woman’s right to privacy and autonomy and to the equal protection of the laws are near the top of the list. (I agree with Ruth Bader Ginsburg that equal protection is a better legal rationale for the right to abortion than privacy.) But my emotional reaction from 1971 still resonates with me. Most people who comment on the issue, on both sides, do not understand what it is to go through childhood unloved. It is horrific beyond my powers of description. To me, there is nothing more immoral than forcing that kind of life on any child. Anti-abortion activists often like to ask supporters of abortion rights: “Well, what if your mother had decided to abort you?” All I can say is that I have spent a great portion of my life wishing that my mother had done exactly that.

Steven had related thoughts:

I have respect for the idea that there should be some restrictions on abortion. But the most fundamental, and I believe flawed, unstated assumptions of the anti-choice are that A) they are acting on behalf of the fetus, and more importantly B) they know what the fetus would want. I would rather not have been born than to have been born to a mother who did not want me. All children should be wanted children—for the sake of all concerned. You can say that different fetuses would “want” different things—though it’s hard to say a clump of cells “wants” anything. How would we know? The argument lands, as it does generally, with the question of who should be making that decision. Who best speaks in the fetus’s interests? Who is better positioned morally or practically than the expectant mother?

Geoff self-describes as “pro-life” and guilty of some hypocrisy. He writes:

I’m pro-life because I have a hard time with the dehumanization that comes with the extremes of abortion on demand … Should it be okay to get an abortion when you find your child has Down syndrome? What of another abnormality? Or just that you didn’t want a girl? Any argument that these are legitimate reasons is disturbing. But so many of the pro-life just don’t seem to care about life unless it’s a fetus they can force a woman to carry. The hypocrisy is real. While you can argue that someone on death row made a choice that got them to that point, whereas a fetus had no say, I find it still hard to swallow that you can claim one life must be protected and the other must be taken. Life should be life. At least in the Catholic Church this is more consistent. I myself am guilty of a degree of hypocrisy. My wife and I used IVF to have our twins. There were other embryos created and not inserted. They were eventually destroyed. So did I support killing a life? Maybe? I didn’t want to donate them for someone else to give birth to—it felt wrong to think my twins may have brothers or sisters in the world they would never know about. Yet does that mean I was more willing to kill my embryos than to have them adopted? Sure seems like it. So I made a morality deal with myself and moved the goal post—the embryos were not yet in a womb and were so early in development that they couldn’t be considered fully human life. They were still potential life.

Colleen, a mother of three, describes why she ended her fourth pregnancy:

I was young when I first engaged this debate. Raised Catholic, anti-choice, and so committed to my position that I broke my parents’ hearts by giving birth during my junior year of college. At that time, my sense of my own rights in the matter was almost irrelevant. I was enslaved by my body. One husband and two babies later I heard a remarkable Jesuit theologian (I wish I could remember his name) speak on the matter and he, a Catholic priest, framed it most directly. We prioritize one life over another all the time. Most obviously, we justify the taking of life in war with all kinds of arguments that often turn out to be untrue. We also do so as we decide who merits access to health care or income support or other life-sustaining things. So the question of abortion then boils down to: Who gets to decide? Who gets to decide that the life of a human in gestation is actually more valuable than the life of the woman who serves as host—or vice versa? Who gets to decide when the load a woman is being asked to carry is more than she can bear? The state? Looking back over history, he argued that he certainly had more faith in the person most involved to make the best decision than in any formalized structure—church or state—created by men. Every form of birth control available failed me at one point or another, so when yet a 4th pregnancy threatened to interrupt the education I had finally been able to resume, I said “Enough.” And as I cried and struggled to come to that position, the question that haunted me was “Doesn’t MY life count?” And I decided it did.

Florence articulates what it would take to make her anti-abortion:

What people seem to miss is that depriving a woman of bodily autonomy is slavery. A person who does not control his/her own body is—what? A slave. At its simplest, this is the issue. I will be anti-abortion when men and women are equal in all facets of life—wages, chores, child-rearing responsibilities, registering for the draft, to name a few obvious ones. When there is birth control that is effective, where women do not bear most of the responsibility. We need to raise boys who are respectful to girls, who do not think that they are entitled to coerce a girl into having sex that she doesn’t really want or is unprepared for. We need for sex education to be provided in schools so young couples know what they are getting into when they have sex. Especially the repercussions of pregnancy. We need to raise girls who are confident and secure, who don’t believe they need a male to “complete” them. Who have enough agency to say “no” and to know why. We have to make abortion unnecessary … We have so far to go. If abortion is ruled illegal, or otherwise curtailed, we will never know if the solutions to women’s second-class status will work. We will be set back to the 50s or worse. I don’t want to go back. Women have fought from the beginning of time to own their bodies and their lives. To deprive us of all of the amazing strides forward will affect all future generations.

Similarly, Ben agrees that in our current environment, abortion is often the only way women can retain equal citizenship and participation in society, but also agrees with pro-lifers who critique the status quo, writing that he doesn’t want a world where a daughter’s equality depends on her right “to perform an act of violence on their potential descendents.” Here’s how he resolves his conflictedness:

Conservatives arguing for a more family-centered society, in which abortion is unnecessary to protect the equal rights of women, are like liberals who argue for defunding the police and relying on addiction, counselling, and other services, in that they argue for removing what offends them without clear, credible plans to replace the functions it serves. I sincerely hope we can move towards a world in which armed police are less necessary. But before we can remove the guardrails of the police, we need to make the rest of the changes so that the world works without them. Once liberal cities that have shown interest in defunding the police can prove that they can fund alternatives, and that those alternatives work, then I will throw my support behind defunding the police. Similarly, once conservative politicians demonstrate a credible commitment to an alternative vision of society in which women are supported, families are not taken for granted, and careers and short-term productivity are not the golden calves they are today, I will be willing to support further restrictions on abortion. But until I trust that they are interested in solving the underlying problem (not merely eliminating an aspect they find offensive), I will defend abortion, as terrible as it is, within reasonable legal limits.

Two readers objected to foregrounding gender equality. One emailed anonymously, writing in part:

A fetus either is or isn’t a person. The reason I’m pro-life is that I’ve never heard a coherent defense of the proposition that a fetus is not a person, and I’m not sure one can be made. I’ve read plenty of progressive commentary, and when it bothers to make an argument for abortion “rights” at all, it talks about “the importance of women’s healthcare” or something as if that were the issue.

Christopher expanded on that last argument:

Of the many competing ethical concerns, the one that trumps them all is the status of the fetus. It is the only organism that gets destroyed by the procedure. Whether that is permissible trumps all other concerns. Otherwise important ethical claims related to a woman’s bodily autonomy, less relevant social disparities caused by the differences in men’s and women’s reproductive functions, and even less relevant differences in partisan commitments to welfare that would make abortion less appealing––all of that is secondary. The relentless strategy by the pro-choice to sidestep this question and pretend that a woman’s right to bodily autonomy is the primary ethical concern is, to me, somewhere between shibboleth and mass delusion. We should spend more time, even if it’s unproductive, arguing about the status of the fetus, because that is the question, and we should spend less time indulging this assault-on-women’s-rights narrative pushed by the Left.

Jean is critical of the pro-life movement:

Long-acting reversible contraceptives, robust, science-based sex education for teens, and a stronger social safety net would all go a remarkable way toward decreasing the number of abortions sought. Yet all the emphasis seems to be on simply making abortion illegal. For many, overturning Roe v. Wade is not about reducing abortions so much as signalling that abortion is wrong. If so-called pro-lifers were as concerned about abortion as they seem to be, they would spend more time, effort, and money supporting efforts to reduce the need for abortion—not simply trying to make it illegal without addressing why women seek it out. Imagine, in other words, a world where women hardly needed to rely on abortion for their well-being and ability to thrive. Imagine a world where almost any woman who got pregnant had planned to do so, or was capable of caring for that child. What is the anti-abortion movement doing to promote that world?

Destiny has one relevant answer. She writes:

I run a pro-life feminist group and we often say that our goal is not to make abortion illegal, but rather unnecessary and unthinkable by supporting women and humanizing the unborn child so well.

Robert suggests a different focus:

Any well-reasoned discussion of abortion policy must include contraception because abortion is about unwanted children brought on by poorly reasoned choices about sex. Such choices will always be more emotional than rational. Leaving out contraception makes it an unrealistic, airy discussion of moral philosophy. In particular, we need to consider government-funded programs of long-acting reversible contraception which enable reasoned choices outside the emotional circumstances of having sexual intercourse.

Last but not least, if anyone can unite the pro-life and pro-choice movements, it’s Errol, whose thoughts would rankle majorities in both factions as well as a majority of Americans. He writes:

The decision to keep the child should not be left up solely to the woman. Yes, it is her body that the child grows in, however once that child is birthed it is now two people’s responsibility. That’s entirely unfair to the father when he desired the abortion but the mother couldn’t find it in her heart to do it. If a woman wants to abort and the man wants to keep it, she should abort. However I feel the same way if a man wants to abort. The next 18+ years of your life are on the line. I view that as a trade-off that warrants the male’s input. Abortion is a conversation that needs to be had by two people, because those two will be directly tied to the result for a majority of their life. No one else should be involved with that decision, but it should not be solely hers, either.

Thanks to all who contributed answers to this week’s question, whether or not they were among the ones published. What subjects would you like to see fellow readers address in future installments? Email [email protected].

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Why Abortion should be Illegal

This essay will present arguments for why abortion should be illegal. It will discuss ethical, moral, and legal considerations, including the sanctity of life, potential psychological impacts on women, and alternative options to abortion. The piece will also explore the viewpoints of various religious, social, and medical groups on the abortion debate, presenting a comprehensive view of the anti-abortion stance. On PapersOwl, there’s also a selection of free essay templates associated with Abortion.

How it works

Abortion is an issue in today’s society, people that agree or disagree about taking an innocent life away. Even though women now have the legal right to decide what to do with their bodies and to decide whether to end a baby’s life, there are options other than abortions. Each and every life is valuable, and babies should be able to experience a future ahead of them. Abortions should be illegal. Making abortion illegal could allow children to live a good life and to live with someone who would care and love them for the rest of their lives.

Adoption is an option for mothers, even though they would have to go through the pregnancy; the unwanted child is given to someone who will love them unconditionally. Some mothers decide to put their kids up for adoption because of school, jobs or are not financially stable, and many more reasons. Adoption allows children to be able to fulfill their dreams when they grow up. Abortion should be illegal because it is considered murder. Unborn babies are considered human beings by the United States government.

The Unborn Victims of Violence Act states an embryo or fetus in the united states is considered a legal victim which means if you go through abortion it is considered murder. Those that do go through abortion should be punished for killing or maybe attempting to kill an unborn baby. Another reason why I’m against abortion is because of my religion, the sixth commandment of the bible’s old testaments says, “ Thou shalt not kill” (Exodus 20:13), which is saying not destroy/kill an innocent unborn child’s life. Counterclaim There are also those who argue that abortion should be legal. They believe that abortion is right and that embryos or fetuses are not considered human beings. According to Fetal Rights, it states that fetuses are human beings and that they have the right to live but also the right of the fetus to be healthy and receive medical treatment. ( not, how to make a citation out of this).

The Unborn Victims of Violence have been passed by at least 38 states which means that fetuses or embryos are human beings and have the right to live. Abortion should be illegal because it is wrong and every child should experience life and happiness. Unborn babies have the right to live and the mother should not have the option to abort a child that has yet to be born. If the abortion continues then many families who can’t conceive will not have the opportunity to be able to adopt a child who they will love forever and the number of children in the world will decrease in numbers. 

Works cited

• “Ethics – Abortion: Arguments against Abortion.” BBC, BBC, www.bbc.co.uk/ethics/abortion/mother/against_1.shtml.
• “Fetal Rights.” Fetal Rights – an Overview | ScienceDirect Topics, www.sciencedirect.com/topics/medicine-and-dentistry/fetal-rights.
• “Pros & Cons – ProCon.org.” Abortion, abortion.procon.org/.
• “Fetal Rights.” Wikipedia, Wikimedia Foundation, 13 Feb. 2020, en.wikipedia.org/wiki/Fetal_rights.

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