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The Abortion Debate
Term Paper ID:35905
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Essay Subject:
Few topics in American politics are more explosive and more divisive than abortion Perhaps ...... More...
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5 Pages / 1125 Words
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Paper Abstract: Contends that few topics in American politics are more explosive and more divisive than abortion. Though the legal history of abortion is relatively short, it is complicated and continues to be actively debated and pursued by activists on both sides of the argument: pro-choice activists are refocusing their fight to achieve greater access to abortions for all women and pro-life activists, while combating these new pro-abortion pursuits, continue to fight for an overturning of the original decision that led to the legalization of abortion, Roe v. Wade. This paper reviews a representation of the literature on the abortion debate, as well as the legal history and moral debate.
Paper Introduction: More Than Thirty Years After Roe the Jury is Still Out Few topics in American politics are more explosive and more divisivethan abortion Perhaps this is because it encompasses a vast combinationof one\'s constitutional rights moral issues religious beliefs andpolitical preferences Though the legal history of abortion is relativelyshort it is complicated and continues to be actively debated and pursuedby activists on both sides of the argument pro-choice activists arerefocusing their fight to achieve greater access to abortions for all womenand pro-life
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25 Nov. Anthony, along with other feminist activists, opposedabortion because at the time, it was an unsafe medical procedure for women,endangering their health and life. These feminists believed that theachievement of women's equality and freedom would end the need forabortion. 25 Nov. Though her articlesupposedly is simply a "review" and effects of current abortion law sinceCasey and Carhart, a more detailed examination of the article reveals thatBorgmann is making a case that supports the new angle of the pro-choicemovement, which is to provide federally funded abortions for poor women andteenagers. By 1965, abortion had been banned in all fifty states, with only a fewexceptions, which varied by state: to save the life of the mother, in casesof rape or incest, or if the fetus was deformed. "Winter Count: Taking Stock of Abortion Rights after Casey and Carhart." Fordham Urban Law Journal 31.3 (2 4): 675+. Though the legal history of abortion is relativelyshort, it is complicated and continues to be actively debated and pursuedby activists on both sides of the argument: pro-choice activists arerefocusing their fight to achieve greater access to abortions for all womenand pro-life activists, while combating these new pro-abortion pursuits,continue to fight for an overturning of the original decision that led tothe legalization of abortion, Roe v. Under the proposed ACLU guidelines, virtually no hospital,physician or medical student would be permitted to apply for a conscienceclause exemption. TheRoe decision established that legislation could not interfere with awoman's decision whether or not to abort a pregnancy in the first trimesterof pregnancy and it put limits on what restrictions could be passed onabortions in later stages of pregnancy (Lewis, "History of Abortion"). In her detailed review of legal precedence, Kraumlichpresents a clear position that is being upheld by the pro-life movement.She concludes that because abortion is a "negative right," meaning a womanis protected from government interference in her reproductive decisions(e.g. Questia. On the opposing side of the abortion argument, the National AbortionRights Action League (NARAL) is the leading pro-choice advocacy group. Caitlin Borgmann, in her 2 4 article, "Winter Count: Taking Stock ofAbortion Rights After Casey and Carhart," attempts to uncover how abortionrights have changed since the original Roe v. Understanding the history of abortion laws is paramount toappreciating the perspective of these writers. Wade anddeclared that most existing state abortion laws were unconstitutional. Susan B. "Mission." 2 5. 2 5. Inparticular, Borgmann asserts that two post-Roe decisions, PlannedParenthood v. http://womenshistory.about.com/od/abortionuslegal/a/abortion.htm.---. 2 5 .National Right to Life Committee. 2 5 . Casey and Stenberg v. Despite these restrictions, illegal abortions werestill frequent, though they became increasingly less frequent during theperiod of the Comstock Law, which essentially banned birth controlinformation and devices (Lewis, "History of Abortion"). While many celebrated the decision, others, especially in the RomanCatholic Church and in theologically conservative Christian groups, opposedthe change. About.com. Until thathappens, however, NARAL is committed to working toward "equal access" toabortion for all women (NARAL, "About Us"). They believed that prevention was more important thanpunishment, and they considered their circumstances and the laws drovewomen to abortions. Works CitedBorgmann, Caitlin E. Pro-abortion groups likethe National Abortion Rights Action League and the Clergy ConsultationService on Abortion worked in both legal and social circles to liberalizeanti-abortion laws (Lewis, "History of Abortion"). Questia. As documented in its mission statement: "The ultimategoal of the National Right to Life Committee is to restore legal protectionto innocent human life" (NRLC "Mission Statement"). About.com. Since then, the political arena of the United States, and eventhe world, can be divided into two groups: pro-choice and pro-life (Lewis,"Pro-Life vs. More Than Thirty Years After Roe, the Jury is Still Out Few topics in American politics are more explosive and more divisivethan abortion. Pro Choice"). Maureen Kraumlich, in her 2 4 article "The Abortion Debate ThirtyYears Later: From Choice to Coercion," reviews thirty years of abortionlegal history by unwinding the latest ACLU efforts to compel hospitals andphysicians that had previously refused to perform abortions for moral orreligious reasons (known as a "conscience clause") to perform abortions ifthey receive any sort of government funding, including Medicare or Medicaidsubsidies. NARAL.org. "About Us." 2 5. "Pro-Life vs. the government cannot restrict a woman's right to have an abortion)and not a "positive right" where the government must guarantee access toabortions, neither medical providers nor hospitals should ever be compelledto perform abortions, regardless of their status as a public or privatehospital or receipt of government funding. Carhart, have in-effect bannedabortions for women who are unable to comply with the laws that resultedfrom the decisions: namely, poor women and teenagers. Perhaps this is because it encompasses a vast combinationof one's constitutional rights, moral issues, religious beliefs andpolitical preferences. Abortion is perhaps oneof the most important and defining issues in America's history, bothlegally and politically - the outcome on which the jury is still out. 2 5. As the self-appointed "political andgrass-roots arm of the pro-choice movement," NARAL devotes its resources toproviding access to contraception, health care and sex education as a meansof eliminating the need for abortion (NARAL, "About Us"). .National Abortion Rights Action League. As birth control became available and was consideredsafe and effective, feminists defended its use as another way to preventabortion (Lewis, "History of Abortion"). "Mission Statement." 2 5. 25 Nov. 2 5 .Lewis, Jone Johnson. In 1973, the Supreme Court considered the case of Roe v. To review all of the literature relating to either the legal historyof abortion or the moral debate over abortion would be a nearly impossibletask since new literature on these topics is published everyday. NARAL.org. NRLC.org. 2 5 .National Abortion Rights Action League. Wade decision. 2 5 .Kramlich, Maureen. The first abortion laws,which prohibited abortion after the fourth month of pregnancy, began toappear in America in the 182 s and by 19 , most abortions in the US werecompletely outlawed. 25 Nov. Wade. The divide between the pro-life and pro-choice movements on the issueof abortion is vast. "History of Abortion in the United States." 2 5. 25 Nov. 25 Nov. Itsstated mission is: "to develop and sustain a constituency that uses thepolitical process to guarantee every woman the right to make personaldecisions regarding the full range of reproductive choices, includingpreventing unintended pregnancy, bearing healthy children, and choosinglegal abortion" (NARAL "Mission"). 25 Nov. In addition to being alobbying presence at the federal level, NRLC also exists to serve "as aclearinghouse of information for its state affiliates and local chapters,its individual members, the press, and the public," speaking "the truth"about abortion, its dangers and effects (NRLC "Mission Statement). Thefollowing two examples are representative of what a survey of recentliterature does reveal, however, which is that even in seemingly"objective" writing about the legal history of abortion, the moral debateexists, perhaps revealing that the two topics are inextricable. "The Abortion Debate Thirty Years Later: From Choice to Coercion." Fordham Urban Law Journal 31.3 (2 4): 783+. Pro-Choice." 2 5. The Pro-Life movement is best and most comprehensively represented bythe nation's largest pro-life organization, the National Right to LifeCommittee (NRLC). This brief review of the literature, legal historyand moral arguments surrounding the abortion debate clearly represents theinextricable constitutional, moral, religious and political convictionsassociated with all who dare to become involved.
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