On January 22, 1973, the Supreme Court, in the case of Roe v Wade, struck down a Texas law banning abortion. The Court ruled that, the right to abortion was implicit in the right to privacy, under the 14th Amendment. The Court further cited in its ruling other rights including liberty. Thus, abortion on demand became legal throughout the nation.
On June 24, 2022, the current Supreme Court overturned the ruling of the 1973 Court, stating that in fact there is no Constitutional protection or provision for abortion. In its opinion, the current Court ruled that the 1973 Court had erred in its application of the amendments, cited in its decision. I will not debate here, the right, wrong or logic of either Courts decision.
The mistake many have made in response to the June 22 ruling of the current Court is that that this ruling outlaws abortion in America. It does not. The ruling of the Court simply stated that there was nothing in the U.S. Constitution which empowers it to ban abortion, and it thus it reversed the Roe v. Wade decision. With our national government having no jurisdiction in the matter, it now becomes an issue which each individual state decides for itself.
While the current Court’s ruling vacated the premise of a “Constitutional right” to abortion, the Court also did not declare abortion “unconstitutional”. That would have made it impossible for states to enact laws permitting
It may be safe to assume that no other issue in our lifetime has divided Americans more than that of abortion. Feelings on both sides of the issue run strong and deep.
I would like to reference some facts, and make some comparisons, pertaining to the subject and raise some questions, which I hope the reader will contemplate.
Abortion statistics are compiled and reported annually by the Guttmacher Institute and the Centers for Disease Control. Both have published these statistics since 1973. According to their statistics, between 2010 and 2019, a total of 6,608,253 abortions were performed in the United States. That is 6 times the number of people who died from Covid in America. The media estimates that between 1973 and 2021 a total of around 63,000,000 abortions were performed in the United States. This based on the average number of abortions annually over the last 49 years. To put that in perspective, that equates to about 1/5th or slightly more than 20% of Americas current population.
At the heart of the issue for many is “a woman’s right to choose”, “my body, my choice”. For others it is the “right to life” and “at what point does a human life begin?” Some believe, life begins at the moment of conception, while others believe life begins at birth. Regardless of what position you subscribe to, there is one undeniable, irrefutable truth: Abortion prevents a life from entering this world. Whether life begins at conception or at birth, the fact remains, abortion prevents that life.
Among the most heated debates on abortion is the issue of rape or incest pregnancy. While statistically these account for a relatively low number of abortions, it is a focal point of debate on both sides of the issue. Another is that of “medical necessity.” These are issue which will probably never be definitively resolved!
As we have already seen, some states will move to outlaw abortion completely, others to limit it, while still others will pass laws allowing it on demand.
The issue rests with our elected representatives at the state level.
I would, however, ask the question; Is it wrong to offer or propose alternatives to abortion? Or has abortion become so engrained in our society that we see it as our only hope for unwanted pregnancy? Perhaps, this is not at all a legal issue, but rather a moral one.
The resolution of this issue may not be in litigation or legislation, but perhaps in education. Regardless of which position you take on the issue of terminating a pregnancy, would it not be better to prevent a pregnancy from the start?
Perhaps educating young people, male and female alike, on the use of the hundreds of contraceptives available to them, as well as contraceptive methods, is a viable alternative to having to terminate an unwanted pregnancy. It is said that with every right there is a responsibility. With the right to be sexually active, there is the responsibility to protect oneself from disease and unwanted pregnancy. Perhaps the “right to choose” is a right we should learn to exercise prior to conception, by choosing to prevent a pregnancy, rather than end it. The responsibility of that falls equally with both men and women. In the end, perhaps this is not an issue for the courts or legislature at all, but one for the home and classroom. Maybe these are questions we should be asking.
