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Abortion Rights in America: A
Pro-Choice Argument
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Abortion Rights in America: A
Pro-Choice Argument
Introduction
Abortion has long been one of the
most contentious issues in modern American social life, polarizing opinions
along moral and ethical lines. This controversial issue continues to stir
fierce debate, often reflecting deeply held religious or personal values and
sociopolitical ideologies. At one end of the spectrum lies the pro-life
movement, which advocates for newborn babies by appealing to religious doctrine
or life's sacredness as their main argument for supporting life before birth.
Advocates of women's autonomy assert the right of all individuals, including
female citizens, to choose regarding reproductive healthcare for themselves and
their bodies. Based on this premise, this article presents an anti-choice
argument by asserting autonomy and freedom, including making personal decisions
independently. Furthermore, the policy recognizes this right as a fundamental
right that must be protected to promote gender equality, protect women's
health, promote social justice, and maintain gender parity. American women have
an absolute right to make choices regarding abortion based on the Constitution,
privacy concerns, and the best interest of society.
Constitutional Basis of Abortion
Rights
Roe v Wade (1973) was a critical
Supreme Court case that established legal precedent regarding abortion rights
in America. The court held that American women have the right to terminate an
unplanned pregnancy under The Fourteenth Amendment's privacy clauses, which
must be protected as guaranteed. Roe v. Wade established that women must have
the freedom of choice when deciding on pregnancy termination (410 U.S. 133,
1973). This decision forms the cornerstone of choice advocacy today. Courts
recognize that decisions surrounding childbirth should be left to individual
discretion rather than under government control, as provided for under privacy
rights enshrined by Court. Individual autonomy and freedom are crucial, which include
being free to make personal decisions without interference or pressure from
government entities.
Roe vs. Wade established the
constitutional right to abortion. Yet, state laws still permit states to restrict
it, with one key exception: rules that place on women an "undue
burden," precisely when seeking an early termination (Planned Parents vs.
Casey; 505 U.S 833 1992; 505 U.S 833). Planned Parents vs. Casey further
clarified this idea when declaring any state law which poses significant
barriers or creates significant impediments towards seeking an abortion pre-viability
(Planned Parents vs. Casey 505 U.S 833 1992; 505 U.S 833 1992; 505 U.S 833);
this case established the constitutional right for women seeking an abortion
prior viability (Planned Parenthood vs. Casey 1992 505 US 833).
Even so, many states continue to pass restrictive abortion laws under the pretext of protecting women and the fetus's well-being and development. Such regulations typically contain mandatory waiting periods and gestational limits, which place an undue burden on abortion providers; critics contend these restrictions don't aid women but limit access to abortion services, thus violating Roe v Wade. Legalities surrounding abortion restrictions remain a topic of intense debate in courtrooms across the United States. Pro-choice advocates contend that any legislation which restricts safe, legal abortion access violates not only women's health but also violates Constitutional principles. They argue that states shouldn't interfere with this decision-making unless there are...