Roe vs. Wade is the highly publicized Supreme Court ruling that overturned a Texas interpretation of abortion law and made abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, has the right to choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy. As a result, all state laws that limited women 's access to abortions during the first trimester of pregnancy were invalidated by this particular case. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the greater United States, which was not legal at all in many states and was limited by law in others.
Connecticut is the landmark case that led to Roe v. Wade. The case argued that it was unconstitutional to outlaw contraceptives of any sort. “On June 7, 1965 the Supreme Court argued that the law which imposed criminal sanctions upon any person who uses any drug, medical article or instrument for the purpose of preventing conception is unconstitutional” (Roraback). Also, the Supreme Court declared that the Connecticut law was unconstitutional because it restricted contraceptive use by married couples and this violates their right to privacy (Fein). “The decision spawned additional vexing ligation seeking expansion of the right to privacy to include possession of obscene materials in the home, personal reputation, abortion, confidentiality regarding drug use, and homosexual sodomy” (Fein).
Roe vs. Wade first went through federal court, and then it was appealed to the Supreme Court. McCorvey believed Texas abortion law was unconstitutionally vague, and violated her right to privacy. She also wanted to obtain an injunction to prevent Wade from enforcing the law, but it was never issued (“Roe v. Wade” par. 2). McCorvey and her attorneys relied on precedents such as Griswold v. Connecticut and Eisenstadt v. Baird, as well as important constitutional amendments to win the
Nearly 84 years later, the Supreme Court overturned the previous rulings of Pace v. Alabama with the case, Loving v. Virginia. that finalized the legalization of interracial marriage. The case is distinguished for fighting against the laws that prohibited marriage rights for interracial couples. Both Richard and Mildred Loving were robbed of their marriage rights because of Virginia’s laws preventing amalgamation of races. Virginia police officers had intruded into their house, disregarding the 4th amendment that was passed in 1791.
With almost half the nation divided among their views, abortion remains one of the most controversial topics in our society. Since Roe v. Wade, our views in society as well as following court cases have been progressing toward the woman’s right to choose. The precedent set by Roe v. Wade made the Supreme Court acknowledge that it cannot rule specifically when life begins and it also affirms that it is the woman’s right to have an abortion under the 14th Amendment. In the 1st Amendment, the Establishment Clause forbids the government from passing laws “which aid one religion, aid all religions, or prefer one religion over another”. Many Christian pro-lifers use their religious beliefs to dispute when life begins.
Roe wanted to terminate her pregnancy through abortion which was prohibited in the state of Texas unless it was to save the life of the pregnant woman. She challenged the law with her attorney Sarah Weddington, used the constitution to make strong argument for her client against the state of Texas concerning abortion. This case went all the way to the Supreme Court where the arguments for each side were heard twice. Weddington, Roe attorney not being strong in her first argument came back in the second argument with a big finish and made history. The Supreme Court upheld that the right to abortion was within a woman’s privacy rights which are protected by the Fourteen Amendment.
The author’s purpose was to challenge the fact that there really wasn’t a human side to abortion, just feminist lawyers pushing their agenda. Norma McCorvey, author, filed a case known in court documents as Jane ROE against Henry WADE, the district attorney of Dallas County who enforced a Texas law that prohibited abortion, except to save a woman 's life. The ruling allowed for legal abortions during the entire pregnancy, but set up conditions to allow states to regulate abortion during the second and third trimesters. The Court held that a woman 's right to an abortion fell within the right to privacy protected by the Fourteenth Amendment. This information will be effective in my debate since, because of this case, the decision gave a
Throughout history Planned Parenthood has been in the spotlight of the court. In 1973, the supreme court case Roe v. Wade made headlines when it “ruled unconstitutional a state law that banned abortions except to save the life of the mother” (McBride) The case was brought up by Jane Roe, who said that banning abortions was in direct violation with her 14th amendment right to privacy.
Texas in 2003 where Scalia dissented on a rule of 6-3 where made gay sex a crime in the state of Texas. On this case it was strike down. Also in the case of Hill v. Colorado in the year if 2000 with the same rule of 6-3 decision “upholding a law limit protests near abortion clinics” (Liptak). In the year of 1999 another case was at the Supreme Court where Antonin Scalia dissented again. This case was United States v. Virginia, where the case was that the Virginia Military Institute should admit women and it was decided by 7 to 1.
The relation of women to culture has historically been different from that of men. Schools and Universities have been until very recently a male preserve, which has effectively excluded all but a handful of upper-class women from the resources of the official culture. Many educationalists as late as the nineteenth century believed that a woman needed to be literate enough to read her Bible, but could not aspire to the arrogance of authorship.