Abortion And Women’s Rights In The USA
Abortion and Women’s Rights in the USAMarianna KarakoulakiThe GW Post Research Paper, June 2012Published in 2012 at www.thegwpost.com“The Globalized World Post” is an active and interactive forum which seeksoriginality and the lively contribution in various debates of international politics andbeyond. “The GW Post” does not have a certain political label. Anyone can sharetheir thoughts no matter what background they come from and no matter what theysupport. It is open to all ideas, theoretical approaches and ideologies. Its primarygoal is to promote articles related to international relations, political science andsocial sciences more generally.Marianna has a MA in International Relations (Security) from the University ofBirmingham, UK. She holds a BA in Mediterranean Studies with a major inInternational Relations and Organisations, from the University of the Aegean,Greece. She is an editor at The Globalized World Post. She is also a JuniorScholar at the think tank Strategy International in the Program ”US Forein andSecurity Policy in the World Arena”, and a Gender and Sexuality Editor at e-IR.Her main research interests include Gender Studies and Feminist Theory,International Security, USA Politics, the Middle East, and Peace and ConflictStudies.This work is licensed under a Creative Commons Attribution- NonCommercialNoDerivs 3.0 Unported License.
Marianna Karakoulaki, Abortion and Women’s Rights in the USA The GW Post Research Paper, June2012www.thegwpost.comAbortion and Women’s Rights in the USAMarianna KarakoulakiIntroduction 11973 is marked as a very important yearfor women’s rights in the USA. It was thatyearthatabortionbecameaconstitutional right and was legalized on afederal level across the USA with thehistorical Supreme Court Decision Roe v.Wade. Since then, however, theconservative right and religious leadersacross the states have been trying withevery means they have to overthrow thedecision. With every chance therepublican controlled legislatures have,they change their state laws in order tomake it more and more difficult for awoman to have an abortion or even takecontraceptives. Especially this year,abortion and contraception in generalbecame one of the most discussed issueson the agendas of the republicanprimaries due to the Birth ControlMandate that the Obama Administrationtries to push forward.This paper discusses the impact that thedebate on abortions has on women’srights in the United States. The first partwill focus on the pro-life and pro-choicearguments in order to give a briefintroduction to the readers; in addition,the second and main part of this paperfocuses on the debate in the USA by firstlypresenting the main and most influentialSupreme Court decisions and bills and,secondly by presenting the republicanopposition and the developments so far.The main point of this brief overview ofthe current situation in the USA is thatwomen’s rights are being undermined bythe efforts of the Republican Party to votebills that will ban abortions either entirelyor make it extremely difficult for a womanto have one.Pro Life vs. Pro Choice Arguments 2Before moving forward with thediscussion it is essential to introducearguments of both proponents andopponents of abortion.Pro-Life ArgumentsThe basic argument of pro-life proponentsis that abortion is murder. They base thisargument on the fact that they considerthe fetus as human; therefore, killingpotential people not only is it wrong butalso illegal. In addition, there is theargument on fetal rights; that is, since thefetus is a potential human then humanrights apply.But one of the most debatable argumentsconcerns the time human life begins. Prolife supporters argue that human lifebegins from the beginning of conceptionsince the fetus fulfils 4 criteria:metabolism, growth, reaction to stimuli1NB: Part of this article was presented at theSecond Annual POLSIS Conference: CosmopolitanDimensions at the University of Birmingham, UK2BBC Ethics Guide: abortion availableat: http://www.bbc.co.uk/ethics/abortion1
Marianna Karakoulaki, Abortion and Women’s Rights in the USA The GW Post Research Paper, June2012www.thegwpost.comand reproduction 3. Furthermore othersargue that abortion violates feministprinciples 4: since the fetus is considered apotential human, abortion is the murderof potential women.“We believe in a woman’s right tocontrol her body, and she deservesthis right no matter where shelives, even if she’s still living insideher mother’s womb.” 5A more extreme interpretation of theabove argument is that abortion wascreated by men and is used to makewomen available whenever men want 6.Last but not least, pro-life advocatessupport that abortion endangers women’shealth, thus connecting abortion withpsychological illnesses and even breastcancer; arguments that that have noscientific base.Pro Choice ArgumentsOn the other hand, one of the most basicpro-choice argument is that womenshould be in control of their body and noone should mandate how it should betreated thus women have the right todecide what to do with their bodiesotherwise it violates the freedom ofpersonal choice. In addition, pro-choicesupporters argue that abortion is vital forgender equality. With free access toabortion, women will be able to achievesocial, economic and political equality.According to Brian Frederking 7, pro-choiceadvocates see abortion as a civil libertiesissue. If that is the case then, thegovernment cannot infringe upon thatright. If women do not have the right todecide on abortion then their civil libertiesare being violated and consequently theyare not equal to men. Last but not least,the third argument that should beemphasized is that banning abortion riskswomen’s health since that would leadthem to seek alternative – and illegal –practices of abortion that could havedangerous implications, including evendeath.One of the basic differences of pro-lifeand pro-choice advocates is the moralquestion of “when does life begin”. Prolife advocates support that life begins atthe moment of conception whereas prochoice advocates argue that life begins atthe moment of birth. Michael Perry8, whohas argued the moral aspects of humanrights, supports that all human beingshave inherent dignity and argues thatunborn humans have inherent dignity too,therefore abortion is morally wrong 9.However, even though there the humanrights treaties do not define the momentlife begins and therefore they do notdefine whether the fetus is considered ahuman, most treaties adopt the firstarticle of the Universal Declaration ofHuman Rights which emphasizes the factthat “All human beings are born free andequal in dignity and rights”. In thisstatement, the word “born” is used3Cleaver Ruse, C. & R. Schwarzwalder, “The BestPro-Life Arguments for Secular Audiences”.Availableat: ents-for-secular-audiences4FeministsforLife: http://www.feministsforlife.org/5Ibid6Dworkin A. (1983), Right Wing Women. n/RightWingWomenAbortion.html7Frederking,B., “GenderEqualityandAbortion” (2006)at:http://faculty.mckendree.edu/brian frederking/columns/gender equality.htm8Perry M. J., Toward a Theory of Human Rights.Religion, Law, Courts (Cambridge University Press,2007)9Ibid (p.53-64)2
Marianna Karakoulaki, Abortion and Women’s Rights in the USA The GW Post Research Paper, June2012www.thegwpost.comintentionally in order to support thathuman life begins at birth.The Abortion Debate in the USALaw OverviewAs it is mentioned in the introduction, itwas in 1973 that abortion became legal inthe USA on a federal level and that wasbecause of the historical Supreme CourtDecision “Roe v. Wade” which madeabortion a constitutional right based onthe right of privacy, implied by the 9thand the 14th amendments of the USConstitution. Quoting from Roe v. Wade:“This right of privacy, whether it befounded in the FourteenthAmendment’s concept of personalliberty and restrictions upon stateaction, as we feel it is, or, as theDistrict Court determined, in theNinth Amendment’s reservation ofrights to the people, is broadenough to encompass a woman’sdecision whether or not toterminate her pregnancy. Thedetriment that the State wouldimpose upon the pregnant womanby denying this choice altogether isapparent.” 10In addition to Roe v. Wade, the Doe v.Bolton Supreme Court Decision mandatedthat in cases of maternal health thewoman’s right to an abortion could not belimited by states 11.Despite the importance of these twodecisions,overtheyearstheconservatives with a handful of argumentseither on ethical or religious grounds triedto attack the constitutionality of abortionrights. They have also tried to overturnRoe v. Wade by promoting several billsand court decisions as state laws; thismeans that despite the legality ofabortion on a federal level there is a largenumber of restrictions in every stateseparately.For example, there are state laws thatmake counselling essential before theoperation. There is nothing wrong withthat of course. However, during thesecounseling hours, which are usually 24hours before the operation, doctors mustmention some facts, that are not entirelyscientifically proven, for example such asthat abortion is connected to breastcancer or mental illness. Still, the mostdisputed bill though is the “fetal pain bill”which states that the fetus can feel painafter a gestational age of twenty weeks orolder 12.PublicFunding17 States: Use their ownfunds for Medicaid32States and DC: Use ofStates Funds Prohibited(exceptions apply)Coverage by 8States:restrictedPrivatecoverage, coverage onlyInsurancewhen woman’s life isendangeredMoststatesallow abortion coverage atadditional costState19 States: CounselingMandatedbefore AbortionCounseling10Roe v. Wade, 410 U.S. 113 (1973). Available /USSC CR 0410 0113 ZS.html11Doe v. Bolton, 410 U.S. 179 (1973). Available /USSC CR 0410 0179 ZS.html12“State Policies in Brief: An Overview of AbortionLaws” Guttmacher Institute (2012). Available b OAL.pdf3
Marianna Karakoulaki, Abortion and Women’s Rights in the USA The GW Post Research Paper, June2012www.thegwpost.comWaitingPeriods26 States: specified waitingperiod, usually 24 hoursbefore the operation,between counseling andoperationSource: Guttmacher Institute 13Birth Control MandateThe latest controversy over abortion wassparked after the proposed birth controlmandate by the Obama administration.With the new contraceptive rule underthe health law, insured women will qualifyfor contraceptives without a copayment as part of a range of preventivemedical services14.The conservative right and religiousleaders see this mandate as an attack toreligious freedom. They base theirarguments on the fact that abortion, as acontraceptive method, comes in contrastto their beliefs thus it is unconstitutionaland should not pass.During a House Committee on Oversightand Government Reform hearing onFebruary 2012 that discussed themandate with religious leaders therepublican representative (and Tea Partymember), Joe Walsh, told that BarackObama’s plan to eliminate co-pays forbirth control was an attack on religiousfreedom arguing that the mandate wasnot about women but about religiousliberties 15.13A full list of the overview of abortion laws in theUSA is available in the appendix.14Appleby J., “5 Things You Need To Know Aboutthe Birth Control Mandate”, MSNBC (02/03/2012).Availableat: http://vitals.msnbc.msn.com/ -aboutthe-birth-control-mandate15“Joe Walsh: Birth Control Debate Not AboutWomen” The Huffington Post (21/02/2012)In addition, John Boehner, the speaker ofthe House of Representatives opposed themandate by saying that the religiousbeliefs of the American people are beingviolated. However this specific hearing hascaused a lot of controversy due to the factthat no woman was present in order torepresent women and express women’sopinions over the mandate.In an additional hearing, supporters of themandate, including Nancy Pelosi who wasthe one that took the initiative to holdthat hearing, claimed that the mandatewas not an issue of religious beliefs but anissue of women’s health. In her speech, onMarch 2012, she supported that:“It’s a matter of conscience foreach woman, her doctor, herhusband, her family and her God tomake their own decisions. And as aCatholic, I support the right of awoman to make that decision,”( ) “The birth control andcontraception is not just aboutreproduction; it’s also aboutwomen. It’s all in the larger senseabout the fuller picture of women’shealth.” 16However, the fact is that the mandate issurely not about religious rights but aboutwomen’s health and women’s rights.According to pro-choice advocates in theUSA, Religious ideology should notmandate laws for all citizens, /21/joe-walsh-birth-controld n 1288822.html?ref chicago&ncid edlinkusaolp0000000916Parkinson J., “Women’s Health vs. ReligiousFreedom: House Leaders Debate Birth ControlMandate”, ABC News (01/03/2012). Availableat: birth-control-mandate/4
Marianna Karakoulaki, Abortion and Women’s Rights in the USA The GW Post Research Paper, June2012www.thegwpost.comsince religious freedom is constitutionallyestablished by the First Amendment 17.preventive care, which until now it wasdifficult due to their high cost.As far as the abortion laws are concerned,the new mandate can have a seriousimpact on them and on women’s lives.Until now 8 states restrict coverage ofabortion in private insurance plans, mostoften limiting coverage only to when thewoman’s life would be endangered if thepregnancy were carried to term. Moststates allow the purchase of additionalabortion coverage at an additional cost.Seventeen states use their own funds topay for all or most medically necessaryabortions for Medicaid enrollees in thestate. Thirty-two states and the District ofColumbia prohibit the use of state fundsexcept in those cases when federal fundsare available: where the woman’s life is indanger or the pregnancy is the result ofrape or incest. Forty-six states allowindividual health care providers to refuseto participate in an abortion. Forty-threestates allow institutions to refuse toperform abortions, sixteen of which limitrefusaltoprivateorreligious18institutions .Conservative Opposition and theElectionsThe benefits of the mandate cannot bedenied. Women’s lives will be improvednot only economically but also socially.The mandate will give access tobasic health services for women, suchas contraception, mammograms, prenataland cervical cancer screenings, and otherThere is no surprise that the official stanceof the religious leaders in the US is againstabortion with their main argument beingthat “Life begins at conception” 19.However, most of the attention is given tothe Christians and their denominationsdue to the influence they have in thepublic. Abortion is one of the mainpolitical debates in this year’s primaryelections in general with the conservativeright paying attention to their Christianvalues and the more liberals givingemphasis on women’s rights. Therepublican candidates have given a specialemphasis on the fact that they were allpro-life and that was an important issue intheir campaigns and one of their mainarguments against Barack Obama who isin favor of the Roe v. Wade decision.Rick Santorum, who is a Roman Catholicand considered to have some of the mostextreme pro-life ideas, supported thatabortion should be illegal even in casesinvolving rape and incest. He has alsotaken the debate a step further by callingfor abortion doctors to be prosecuted forcrimes 20. To make matters worse,Santorum, when asked what he would doif one of his daughters was raped, gotpregnant and wanted to have an abortion,17“(The) Congress shall make no law respecting anestablishment of religion, or prohibiting the freeexercise thereof; or abridging the freedom ofspeech, or of the press; or the right of the peoplepeaceably to assemble, and to petition theGovernment for a redress of grievances.” U.S.Const. amend. I18“State Policies in Brief: An Overview of AbortionLaws”, Guttmacher Institute, (2012) Available b OAL.pdf19“Religious Groups’ Official Positions onAbortion” The Pew Forum, (2012). Available s-Official-Positions-on-Abortion.aspx20“Rick Santorum On Opposition To Abortion InCases Of Rape: ‘Make The Best Out Of A BadSituation’” The Huffington Post (23/01/2012).Availableat: orum-abortion-rape n 1224624.html5
Marianna Karakoulaki, Abortion and Women’s Rights in the USA The GW Post Research Paper, June2012www.thegwpost.comhe said that he would advise herto “accept this ‘horribly’ created babybecause it was still a gift from God, even ifgiven in a ‘broken’ way” 21.ConclusionsTo sum up, there are a lot of argumentsboth by pro-life and pro-choice advocates.Yet, there is one fact that cannot bedenied: Abortion is a woman’s choice orat least it should be a woman’s choice. Ina country that is famous for its civil rightsmovement it is absolutely unacceptable todiscuss about women’s rights withoutdiscussing about abortion rights. If thebirth control mandate does not come intoeffect then there will be a seriousdrawback not only for women’s rights butfor gender equality in general. The birthcontrol mandate puts an end to severalproblems that exist in the US Health CareSystem, especially for the less fortunate,since it will allow women enrolled inMedicaid to have the right access tocontraceptive methods.Furthermore, the fact that the mandatewas introduced this year has had a seriousimpact on the presidential race as itbecame one of the most discussed issuesduringtheprimaryelections.Nevertheless, there was no surprise onthe republican primaries’ stance especiallydue to the fact that they never forget tomention their religious (Christian) valuesto the end of gaining the support of themost religious part of the population. Thathas caused an important dilemma amongthe more conservative democrat voters.To conclude, it should be said that as longthe debate against abortion rightscontinues in the USA, gender equality andwomen’s rights will not be fully achieved.21Ibid.6
Marianna Karakoulaki, Abortion and Women’s Rights in the USA The GW Post Research Paper, June2012www.thegwpost.comBibliographyAppleby J., “5 Things You Need To Know About the Birth Control Mandate”, MSNBC(02/03/2012). Available at: http://vitals.msnbc.msn.com/ about-the-birth-control-mandateBBC Ethics Guide: abortion available at: http://www.bbc.co.uk/ethics/abortionCleaver Ruse, C. & R. Schwarzwalder, “The Best Pro-Life Arguments for Secular Audiences”.Availableat: l/historics/USSC CR 0410 0179 ngWomenAbortion.htmlFeminists for Life: http://www.feministsforlife.org/Frederking,B., “GenderEqualityandAbortion” (2006)at:http://faculty.mckendree.edu/brian frederking/columns/gender equality.htm“Joe Walsh: Birth Control Debate Not About Women” The Huffington Post 02/21/joe-walsh-birth-controld n 1288822.html?ref chicago&ncid edlinkusaolp00000009Perry M. J., Toward a Theory of Human Rights. Religion, Law, Courts (Cambridge UniversityPress, 2007)“Religious Groups’ Official Positions on Abortion” The Pew Forum, (2012)at:http://www.pewforum.o
The Abortion Debate in the USA. Law Overview . As it is mentioned in the introduction, it was in 1973 that abortion became legal in the USA on a federal level and that was because of the historical Supreme Court Decision “Roe v. Wade” which made abortion a constitutiona
How to talk about abortion: a guide to rights-based messaging 3 Abortion procedures Abortion is the voluntary ending of a pregnancy.1 There are two main methods of safe abortion: medical abortion, where medication is
Aug 06, 2016 · abortion earlier. Nearly 60% of women who experienced a delay in obtaining an abortion cite the time it took to make arrangements and raise money. Teens are more likely than older women to delay having an abortion until after 15 weeks of pregnancy, when the medical risks associated with abortion are significantly higher.
The American Constitution Society for Law and Policy Truth is Truth: U.S. Abortion Law in the Global Context 2 pregnancy.7 And many have enacted and expanded regulations targeting abortion providers and other barriers making abortion increasingly inaccessible.8 The result is a patchwork of access to abortion care across the United States,9 with restrict
Shostak, A. & McLouth, G. (1984). Men and Abortion: Lessons, Losses, and Love. New York: Praeger. USA 1000 75 Quantitative/ Qualitative 1000 at time of abortion procedure 75 months and often years after abortion 47% of clinic-day and 63% of post-abortion men agreed that men involved
Septic abortion is a spontaneous or induced abortion complicated by fever, endometritis, and parametritis leading to generalized infection or sepsis. It is often the result of an unsafe abortion. Distinction between safe and unsafe abortion Safe abortion is a procedure and technique performe
2019 Abortion Statistics Pennsylvania Department of Health 1 2019 ABORTION STATISTICS Executive Summary Pennsylvania has been monitoring and reporting on abortion data since 1975. This report is produced pursuant to Section 3214 of the Abortion Control Act, 18 Pa. C.S. § 3214(e)(1). In 2019
dilated. The possible diagnosis will be:- A. Missed abortion C. Threatened abortion B. Inevitable abortion D. Complete abortion 4. All of the followings are the nursing management of unclassified abortion at H/C except:- A. Put on IV drip in case of severe ble
language approach was a drastic change compared to the previous, traditional approach to language instruction in Korea.’ The factors in this ‘drastic change’ which Jeon highlights include setting the unit of analysis at the discourse level rather than the sentence level; emphasizing communicative competence rather than only linguistic competence; moving from teacher-fronted to learner .
