The issue of abortion is a debate that divides the nation over fundamental choice between two competing rights: The right of the foetus as a human life and a woman’s right to choice.In America today, some people see abortion as an essential right some consider it as an evil and criminal practice or an offence, even though abortion has been legalized for more than twenty years since 1973.
BACKGROUND The legalization of abortion came about during the Roe versus Wade case. It is therefore important to note that the abortion controversy which haunts the American nation encompasses the legal, religious and the cultural heritage of the American society as a whole.Since the legalization of abortion by the Supreme Court, it's still difficult to have an abortion. In fact the abortion law, although it finally gave American women the right to keep or end their pregnancy is still difficult to be executed.The difficulty to have an abortion exists not only in the governmental hospitals, but also in the private clinics. Worse of all the execution of the 1973 abortion law varies between states, although the law is supposed to be obeyed equally all over the United States. What one has to note also is that these variations in the enforcement of the abortion law are legal according to state law.In fact the abortion controversy in America is a big problem for women with unwanted pregnancies who sometimes have contraceptive failure of 3 or 4 %. The unwanted pregnancy can be due to several reasons:Ø FinancialØ SocialØ Religious belief. Abortion in America encompasses a legal battle, on moral values which divides Americans. Each year more than 6 million American women (11% of all women of reproductive age) become pregnant .More than half of these pregnancies are accidental pregnancies and 1.6 million are terminated by an abortion. A radical solution for women confronted with unwanted pregnancy is to have an abortion regardless of laws, morals and ethics.Abortion is considered today, as a safe method of putting an end to unwanted pregnancy but it’s still hard to get done. For instance, the risk of abortion complications is minimal: less than 1% of all abortion patients in 1996 experienced complications. Almost half of the women having an abortion beyond 15 weeks of gestation said that they were delayed because of problem in obtaining abortion services. This shows to a certain level that abortion still remains difficult in spite of its legalisation. THE ASPECTS OF THE NEW LAW AND ITS CONSEQUENCES: The difficulty to get an abortion in spite of its legalisation is not only due to the ambiguity of the law but it also seems to hail from several factors. The puritanical and historical American heritage has for centuries before the legalisation of abortion in America considered abortion an immoral act although it was practised in hide outs.The evolution of the American society has however showed that a growing number of people need abortion due to the changing society, to protect and to promote their career or for social reasons, especially in the case of teenagers, and the poor. Those who need abortion are not necessarily unbelievers or immoral people.The court decision that established the concept of foetal viability was divided into 3 parts and corresponds to the three trimesters in a normal pregnancy for medical and legal reasons:During the first trimester of a pregnancy the states cannot limit abortion in any way. The decision is left for the woman and her doctor; therefore the states cannot limit abortion under any pretext.In the second trimester, it was ruled that states can restrict abortion only by status aimed at protecting the mother’s health these measures were to protect the life of a pregnant woman in danger. A qualified doctor was asked to practice the abortion.In the third trimester, (that is from the point of viability to birth), the states interest in preserving the life of the unborn become compelling, and they may limit or even ban abortion, except when necessary to save the mother’s life. Since the foetus is not able to live independently and unprotected by civil law. Under what circumstances, if any, may life be determined, prior to the time it becomes conscious? In this controversy does the foetus have a conscious awareness in order to declare that life has begun? In the complexity of the new law, does life really begin at conception?Whatever the degree, or lack, of perception of the foetus in the controversy over abortion, these question remains, unanswered even by doctors. Each woman has a fundamental right to privacy mentioned in the 14th Amendment (concept of personal liberty).No man can deprive any person of life, liberty or property, without due process of law), and in the 9th Amendment (The enumeration in the constitution of certain rights shall not be construed, denied, disparage or restrained by the people. As a matter of fact this right was limited by any state wishing to impose a legal restriction in the interest of the foetus (third trimester).A landmark decision was made as it legalized first trimester abortion but it limited women’s freedom on the base that a doctor should intervene concerning procreation. It was seen as a violation of state’s rights. The feminist and the pro –choice groups expected that abortion should be available to all women and requested the restrictive abortion law to be totally repealed. Public opinion was extremely divided because 46% favoured the decision and 45% opposed it. It is quiet clear that in spite of the legalisation of abortion Americans are divided on this issue. Somehow one is not surprised that abortion is hard to get done since anti-abortionists are likely to oppose it.Since 1973, efforts to overturn Roe through a constitutional amendment and state legislature with repeated challenges to the principle of reproductive freedom have failed by the pro-life movement. The vagueness of the 1973 decision, in failing to deal with rights of the unborn till today is the main target of the pro-life activists in their fight to out law abortion. The pro-life mobilized against Roe and backed a successful legislative effort of representative of Henry Hyde of Illinois in 1976. This was a federal medical aid abortion funding restriction. It prohibits the use of most medical aid funds for abortion. The period between 1973-1989 was the toughest battle ever held. It was a period of political reaction to the abortion controversy. Pro-lifers attempt to influence congress to enact bills to Counter check the Supreme Court’s new decisions.The attack on the 1973 abortion law lead to several controversies like the 1976 Planned Parenthood of central Missouri vs Danforth. So many others influenced the Supreme Court to instruct that the government will not interfere with the husband and wife decision concerning pregnancy.The Supreme Court also ruled that a state can attack certain requirements to abort this meant that the woman has to write before abortion that, she gave her approval. The state legislature was meant to encourage a third person (such as husbands or parents) to prevent an abortion.The Supreme Court claimed before these contradictions that it didn’t interfere with the 1973 decision. All the same all the states except thirteen prohibited medical aid coverage under almost all circumstances. This decision was meant to hinder the poor and minority and to make abortion inaccessible.The complexity of these rules was another way to time back Roe with out reversing it, because even for a strict conservative court, reversing Roe would only lead to blunders and would alter millions of lives. A decade after the Roe case, the Supreme Court consistently upheld a woman’s fundamental right to decide with regards to abortion.Despite t0he court reaffirmation of Roe, abortion has remained one of the most volatile issues in the American society. States continued to legislate on the abortion issue, and the endless measures of the Supreme Court to strike down any attempt to restrict abortion was in consistent with Roe.In the abortion controversy there are realities: The changing role of women in the American society and the challenges they present for men. Women’s professional and economic aspiration coupled with the gender inequalities remain an unattainable goal for them. This is because motherhood means a loss of social and economic freedom and it forces these women to stay at home instead of embracing a career.During the sixties, the role of women in the American society changed drastically. Women entered the paid labour force. More and more women worked because couples cannot pay their bills with just a salary. They cannot afford to have children because the United States is still among the few industrialised nations with no national policy on adequate maternity. Hence part time jobs, child care, and inadequate “social welfare” are quite common and do not favour. CHANGES IN RECENT YEARS Recently, more than 54 % women were in the labour force. It’s however difficult to combine motherhood and work.As a result, unwanted pregnancies became a threat to woman’s goals. They are also confronted with disparity between their salaries and that of men. This gap still exists today. As a result, women chose to delay marriage and child rearing in order to achieve advancement and promotion. About 11% of married couples prefer not to have children at all because they want to promote their careers and enjoy life. Children are considered as a burden. These organisations call themselves “child free” or “childless”.Some men seem to refuse the responsibility of reproduction. The demand for abortion is now linked to women’s demand for equality, particularly at work. Unfortunately it was not recognised by the Supreme Court in the 1973 decision. Even if the law was meant to protect their lives, this means that men have a reproductive freedom which the women don’t have.The arguments for women now are whether a young girl can continue her education and compete for advancement? In the United States, the number of employed married women rose from 28 .8% to 60 % in recent years and the number of employed mothers of pre-schoolers rose from 18.5% to 51.3%.The changes in the status of women and income have led to changes in family size: An average of two children spaced 2 years. The restriction on abortion in spite of the legalisation affects the minors a lot today.
CONCLUSION The Abortion controversy is a national debate in the united state that still divides the nation between pro-life and pro-choice since the last 30 years. Some favour the women’s right to chose, and others oppose it and want the 1973 law to be abandoned. No level of the American political life has escaped a confrontation with the abortion law.As a matter of fact, few of the Supreme Court decisions have created more hostility than the 1973 decision, due to the fact that the abortion controversy cannot be definitely eradicated by subsequent federal and state laws, as long as the constitution is not amended or reshuffled.I therefore believe that the American constitution has failed to provide clear and concise recommendations pertaining to the rights to the unborn. The attempt to out law abortion will probably impose on desperate American women “Back –alley” and public health problem as it was years back
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