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Abortion

The document discusses abortion laws in the United States and Ohio. It provides background on the Roe v. Wade Supreme Court decision that legalized abortion nationally in 1973. It then describes recent laws passed in Ohio restricting abortion after a fetal heartbeat is detected, which conflict with Roe v. Wade. The document also discusses differing views on abortion and debates around balancing women's rights versus fetal rights.

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charles wambui
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0% found this document useful (0 votes)
134 views8 pages

Abortion

The document discusses abortion laws in the United States and Ohio. It provides background on the Roe v. Wade Supreme Court decision that legalized abortion nationally in 1973. It then describes recent laws passed in Ohio restricting abortion after a fetal heartbeat is detected, which conflict with Roe v. Wade. The document also discusses differing views on abortion and debates around balancing women's rights versus fetal rights.

Uploaded by

charles wambui
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Abortion

Student’s name:

Institution’s name:
2

Abortion

Abortion refers to pregnancy termination, which occurs when a fetus is ejected from a

female's body before its birth time, causing the death of the fetus. Different methods and

techniques have been applied to attempt or perform an abortion. These methods and techniques

include sharpened tools, abortifacients herbs, and application of abdominal pressure.

Enforcement of abortion laws has fluctuated through different times. In the 20th century, several

western republics had positive abortion movements in having abortion prohibitions revoked.

Pregnancy termination remains legal in most western countries, and anti-abortion groups

regularly challenge these legalities. The women's right to terminate pregnancies has always been

a disruptive issue in the United States.

Abortion laws were in existence until the 1800s, and at this era, women were not

permitted to participate in voting, pursue medicine careers or become members of the American

Medical Association. The American Medical Association and spiritual leaders actively supported

the passage of laws banning abortion. Pregnancy termination was risky for women, and those

who manage to survive ended up sterile. In the 1880s, all nations implemented regulations

outlawing abortion, and they remained intact till the 1960s and 1970s. In the twentieth century,

anti-abortion groups such as doctors, lawyers, and women groups organized movements to

modify abortion laws1. The anti-abortion groups argued that inequalities between men and

women aggravated females' incapacity to sufficiently control their reproductive lives.

1
Solinger, Rickie, ed. Abortion wars: A half century of struggle, 1950–2000. Univ of

California Press, 1998.


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The abortion subject has raised weighty tension in the united states. It has led to religious

groups differences as some claim that a fetus's life is equivalent to that of a born person and

others hold women's rights to decide whether or not she is pregnant with higher respect. In 1973,

the supreme court considered a case presented to a woman who wished to terminate the

pregnancy and a law prohibiting the lady from doing so. Norman MacCorvey, known as Jane

Roe in the court documents, filed a lawsuit against Henry Wade, the attorney general of Texas,

and defended the anti-abortion laws. Roe first filed the case in 1969 when she was pregnant with

her third child, which resulted from rape, and was forced to deliver the baby because the case

was rejected. Her appeal made it to the supreme court in 1973 and was represented by a Dallas

attorney, Sarah Waddington. Her case was heard on a similar day with that of the woman denied

the right to terminate her pregnancy.

They argued that the Texas banning abortion law enforced against the woman was

unconstitutional as Texas law allowed pregnancy termination only when necessary to save a

woman's life. Countries are permitted to regulate various actions to safeguard people's interests.

On the other hand, the state's regulation rights are limited by the constitution, and one of those

limits is based on a person's liberty rights. Roe argued that the constitution protected the

woman's liberty right to have pregnancy termination over the country's right to legalize

termination.

The Supreme Court decision legalized abortion in 1973, and the court justices decided

that the government did not have the jurisdiction to stop abortion2. The Roe v. Wade supreme

court decision that implemented people's rights to abortion in the United States has faced several

2
Newell, A., 2019. Pro-Life and Pro-Woman: Complicating the Anti-Abortion Narrative in
America.
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challenges since 1973. This decision is facing the risk of being dismantled as anti-abortion

groups, and several Republicans in Congress are in support of overturning the ruling.

Roe v. Wade supreme court decision enacted limited women rights to perform an

abortion3. Due to this decision, most states liberalized abortion laws and regulations. The

supreme court decision continued to influence laws and other courts' decisions in shaping the

landscape of reproductive women's rights. Afterward, Roe and Wade abortion issue became a

political issue in all political platforms for federal office candidates. For example, in the 1980s,

President Ronald Reagan, a challenger of abortion, used his office to claim Roe and Wade's

decision reversal. President Reagan believed that pregnancy termination caused pain to the

embryo, and the pregnant women's rights did not outweigh the fetus's rights. Hence, he appointed

Everett Koop to the general surgeon position, who was also an abortion opponent and termed

abortion a silent holocaust.

The state of Ohio has made significant laws that attempt to stop abortion. Ohio Governor

Mike DeWine signed one of the state's restrictive pregnancy termination bills into law outlawing

all abortions after the embryo has been detected. This bill is a direct contest to Roe v. Wade.

According to the fundamental provisions of Ohio's present laws, the following are considered

unlawful abortions: failure to attain knowledgeable consent, failure to provide necessary medical

help, or taking the life of a fetus. The pending law states that no pregnancy terminations should

be performed after a heartbeat is detected on the fetus. It did not make any exceptions, including

unwanted pregnancies due to incest or rape.

3
Nunez-Eddy, Claudia, and Sharaden Seward. "Roe v. Wade (1973)." Embryo Project
Encyclopedia (2018).
5

The statutory definition of legal abortion is an abortion carried out by a physician who

establishes that fetus is not worthwhile or to preserve the woman's life by preventing death or

serious bodily injuries. Penalty for unlawful abortion includes violators guilty of illegal abortions

charged with a first-degree offense. Someone who intentionally aborts a born-alive child or does

not attempt to save its life will be charged with guilty of pregnancy termination manslaughter

first-degree misdemeanor. A medical doctor who carries out an abortion after detecting the fetus

heartbeat will face a twenty thousand dollar fine from the state medical board of Ohio. They can

also be charged with and fifth-degree misdemeanor charges that can lead to six to twelve months

imprisonment and two thousand five hundred dollars fine.

State of Ohio abortion laws is faced by a lot of challenges such as delay in their

implementation. Ohio Governor Mike DeWine signed the heartbeat bill to efficiently outlaw

almost all pregnancy terminations after the fetus's heartbeat is detected. This bill is not passed

yet, and there is a possibility that it will be tied up in court. They are pending and yet to be

enacted as they have to pass through the legislative process. These laws are also subjected to

alterations and modifications as they pass through the legislation, higher court ruling, and ballot

initiatives. They take a lot of time to be enacted as they have to be thoroughly reviewed and

discussed before they are enforced.

Abortion is a contentious issue throughout the United States' history. People have

different opinions and stand regarding this issue. Some are opposed to abortion, and others are in

support of it. Everyone has a right to live, and no one has a right to take a life. Every life is

meaningful and should be valued and protected. Pregnancy termination goes against this belief,

all the ethical and moral values. Abortion takes life and puts the woman's life at risk as it can
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lead to the woman's death or severe injuries. It can also result in health complications such as

excessive bleeding and womb damage, and negative psychological impacts. I stand with

adoption, not abortion.

In case of unwanted pregnancies, one should carry the baby to term and give them up for

adoption instead of termination. This method gives the life of the fetus a chance to live and avoid

putting the mother's life at risk. The government should encourage more psychotherapy

counseling and put up more institutions to help women with unwanted pregnancies, mostly from

rape or incest, deal with the resentment and the stress. I agree with the termination of pregnancy

if the woman's life is at risk. Still, I do not support pregnancy termination before six weeks of

pregnancy because the fetus's heartbeat is not felt yet. The constitution should not give an

individual liberty right to perform abortion as legal abortion equals more abortions.

The State of Ohio abortion laws allow abortion before the fetus develops a heartbeat, but

abortion becomes unlawful after the heartbeat is detected4. Severe charges face those who go

against it. It also prohibits abortion without well-informed consent. Physicians who perform an

abortion after a heartbeat is detected are punishable by law. In contrast, Roe and wade supreme

court ruling gave individuals the liberty to decide whether to have an abortion or not without a

lot of legal interferences.

4
Gustafsson, Anna. "Anti-abortion legislation: What is the problem represented to be?: A critical
policy analysis of the “heartbeat bills” in the United States." (2020).
7

Reference List

Solinger, Rickie, ed. Abortion wars: A half century of struggle, 1950–2000. Univ of California

Press, 1998.

Newell, A., 2019. Pro-Life and Pro-Woman: Complicating the Anti-Abortion Narrative in

America

Nunez-Eddy, Claudia, and Sharaden Seward. "Roe v. Wade (1973)." Embryo Project

Encyclopedia (2018).

Gustafsson, Anna. "Anti-abortion legislation: What is the problem represented to be?: A critical

policy analysis of the “heartbeat bills” in the United States." (2020).


8

References

“Ohio Abortion Laws - FindLaw.” FindLaw, 2017. https://statelaws.findlaw.com/ohio-law/ohio-

abortion-laws.html.

Linton, Paul Benjamin. "Overruling Roe v. Wade: The Implications for the Law." Issues L. &

Med. 32 (2017): 341.

Nunez-Eddy, Claudia, and Sharaden Seward. "Roe v. Wade (1973)." Embryo Project

Encyclopedia (2018).

Thomas, Rachel G., Alison H. Norris, and Maria F. Gallo. "Anti-legal attitude toward abortion

among abortion patients in the United States." Contraception 96, no. 5 (2017): 357-364.

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