- Oklahoma passed an abortion ban punishing people with up to 10 years in prison or a fine of up to $100,000. Rapists in Oklahoma face up to five years in prison.
- In Tennessee, a bill was introduced allowing a rapist’s family or friends to sue a victim of rape if they get an abortion.
- In Texas, abortions are now illegal once a foetal heartbeat can be detected. Most women are not aware that they are pregnant at this point.
- Carrying an unwanted pregnancy to term means families are 4x more likely to fall under the federal poverty line and 6x more likely to rely on public assistance.
These are some of the alarming facts that are behind the often more abstract debate about the rights and wrongs of abortion, which has been ignited in the USA by the draft decision of the Supreme Court to overturn the landmark case Wade vs Roe. This article attempts to outline some of the underlying elements of this highly emotive debate.
Roe vs Wade
Roe vs Wade revolves around Norma McCorvey, known for the purposes of the proceedings as “Jane Roe”, who became pregnant with her third child in Texas in 1969 but was unable to access abortion care after it was banned in her state in all cases but to “save a woman’s life”.
The US District Court for the Northern District of Texas ruled in her favour, which was elevated to the Supreme Court following an appeal from Texas.
The Supreme Court’s 7-2 decision in Ms McCorvey’s favour was based partly on the 14th Amendment’s “right to privacy” that protects a woman’s right to access abortion.
Ms McCorvey, who was unable to access a legal abortion, gave birth before the case was heard and the baby was put up for adoption. She said at the time that she did it “on behalf of herself and all other women” in the same situation.
The decision also set a legal precedent that affected over thirty subsequent Supreme Court cases involving restrictions on access to abortion.
Could Roe vs Wade be overturned?
An unprecedented, leaked draft opinion from conservative Justice Samuel Alito, first reported by Politico, indicates that the court’s conservative majority will vote to overturn Roe.
“We hold that Roe… must be overruled,” he wrote in a draft of an opinion dated 10th February. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives”.
There are at least 12 states with so-called “trigger laws” that would ban abortion should Roe be overturned, and at least 26 states that are likely to ban abortion quickly should that power return to states.
The Texas Heartbeat Act
In recent weeks, the media has been flooded with footage of protests against the Texas Heartbeat Act which was enforced 1st September 2021. This Act states that abortion is illegal in Texas once a foetal heartbeat can be detected, which may be as early as six weeks into a woman’s pregnancy.
Mr Biden, a Democrat and US President has described the law as an “unprecedented assault” on women’s rights. But Texas Governor Greg Abbott has defended it, saying: “The most precious freedom is life itself.”
Why does this debate matter to you?
Although there appears to be no pressure to reform abortion laws in the UK, this situation cannot be taken for granted. Indeed, many in this country would like the abortion laws to be further relaxed. But a tightening up of the law in the USA may well prompt campaigners for stronger laws in this country to step up their demands in the British parliament.
It is important for anyone interested in these issues to take a stand and back their counterparts in the USA, giving a message to those in this country who would like to follow America in tightening the law that they will face fierce opposition if they try. Moreover, support from people in Britain, which is seen as a leading liberal democracy in the world, will boost the morale of American campaigners and will empower women in less developed countries to take their own stand in favour of women’s rights.
So, everyone is affected by Roe vs Wade, however indirectly, and everyone can take a part in bolstering women’s rights.
