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Term Paper Undergraduate 1,529 words

The Roe v. Wade decision and the legal debate over abortion rights

~8 min read 7 sections Law
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Essay 1,529 words

Abortion takes away the fundamental, unalienable right to life; therefore, it is legally wrong. Its effects on unborn children and women are both traumatic and long-lasting, which makes abortion the wrong choice physically and emotionally. Because it results in an unnatural and unnecessary death, abortion is morally wrong. For these reasons, abortion is wrong and should be made illegal.

Even though the verdict of Roe vs. Wade was rendered in 1973, the issue of abortion continues to be extremely controversial today. It is always a popular and important issue during presidential elections. Most people have a firm belief in whether or not abortion should be legal. While there are many other factors and issues, the debate about whether or not abortion should be legal is deeply rooted in differences of belief in two main areas. These differences are when human life begins and where government jurisdiction ends (Cozic and Petrikin 14).

Roe vs. Wade is the well-known Supreme Court case that gave women the right to have an abortion. The Supreme Court decided on January 22, 1973 that the right to have an abortion was protected by the United States Constitution. They had reasoned that "a woman's right to decide whether or not to terminate her pregnancy is a fundamental right, part of a 'right of privacy' the Court had recognized in earlier cases." Since the Court decided that the right to decide whether or not to terminate pregnancy is a fundamental right, only a compelling reason gives the government grounds to interfere with the right of women to have an abortion. In short, women have the right to an abortion, but it is not absolute. During the first trimester of pregnancy, a woman has the right to obtain an abortion without the interference of government. The only stipulation is that the abortion be completed by a licensed physician. During the second trimester, giving birth to a child is less dangerous for a woman than having an abortion; therefore, government has the ability to regulate abortion, but only in order to preserve and protect the woman's health. So, during the second trimester, government can only interfere to be sure that abortions are preformed safely in order to protect the mother. During the third trimester of pregnancy, the fetus is capable of living outside of the mother. This point is called fetal viability. At the point of fetal viability, starting at the beginning of the third trimester, the life of the fetus becomes a compelling reason for government to interfere in the decision to have an abortion. During the third trimester, government can regulate or even prohibit abortions. The only exception to government interference in the third trimester is the protection of life or health of the woman (Tribe 10).

Legal Issues

While the Supreme Court ruled in 1973 that abortion was a women's right, in the following years, research and studies have been done on the effects of legalized abortion. With new information showing harmful and long-lasting effects on women, the case for abortion needs to be revisited. Given the detrimental effects of abortion, government not only has the right to interfere, but the responsibility to get involved. The government needs to protect everyone, especially those that are unable to protect themselves. This includes unborn children and women. Women are often encouraged by family or friends to get an abortion with little thought for the future effects. These women need to be protected by the government by making abortion illegal (Williams 39).

When Life Begins

One of the most difficult factors of deciding whether or not abortion should be legal is that of deciding when life begins. Supporters of choice will likely argue that life begins at the beginning of the third trimester or when a child is born and living without the assistance of its mother, but we must consider the possibility that life actually begins at conception. From the very start, a fetus is separate from its mother. The fetus has its own unique genetic code; therefore, it is a separate human being. A fetus should be considered a human being with rights from the time of conception (Hadley 59).

Moral Issues

The most basic human right is the right to life. We are fortunate in the United States that human life is respected and treated with dignity. Abortion degrades and violates this inalienable right to life. Human life is sacred from conception to natural death; therefore, abortion is immoral. An unborn fetus has no voice. It is weak and defenseless, and therefore needs more than anyone to be protected (Williams 17).

Opposing Arguments

Those who oppose making abortion illegal will likely argue that abortion is a "necessary evil," because some women may die by attempting to get an illegal abortion. But, abortion is murder and the fetus will die without question. Abortion is murder of innocent, defenseless children simply because they are inconvenient or unwanted at the present time. If abortion were illegal, the death of women seeking abortions will likely increase, but the number of fetuses killed will definitely decrease. Therefore, the total number of abortion-related deaths, including women and fetuses, will decline if abortion is made illegal (Williams 122).

Alternatives to Abortion

If unwanted children grow to be a problem, then perhaps the adoption system should be changed. The term "unwanted children," here refers to children not wanted by their biological parents. This distinction is made because children not wanted by their biological parents are not necessarily unwanted by anyone else. In fact, there are currently millions of parents who desperately want to adopt children because they are unable to have biological children, or cannot do so without serious medical consequences. Unfortunately, the adoption process is difficult to maneuver and often takes years to complete. If the entire adoption system was to be given the overhaul it so desperately needs, then the number of unwanted children would decline greatly and quickly, even if abortion were to be made illegal and added the number of unwanted children (Williams 40).

Another possible solution to deal with the issue of abortion is to help prevent unwanted pregnancies from happening in the first place. The government should design and implement new and improved programs to keep teenagers and others not wanting to have children from getting pregnant. Also, condoms and other birth control should be more readily available to teenagers and low-income women. While not all unwanted pregnancies will be prevented by these measures, the number can certainly be greatly reduced (Tribe 72).

Conclusion

It is true that women will lose the right to choose if abortion is made illegal, but no one should have the ability to destroy a life. Not only is abortion morally wrong, but it produces many harmful results. Unfortunately, abortion cannot be reversed. Abortion is final and its consequences are long-lasting. In order to protect women and unborn children, abortion must be made illegal.

323 Words Hidden
Effects on Women323 words
Not only does abortion kill the fetus, but abortion also causes physical and emotional harm to women. The effects on women caused by abortions include…
Key Concepts in This Paper
Roe v. Wade abortion rights fetal viability trimester framework right to privacy when life begins government regulation women's health
Cite This Paper
PaperDue. (2004). The Roe v. Wade decision and the legal debate over abortion rights. PaperDue. https://www.paperdue.com/essay/abortion-takes-away-the-fundamental-unalienable-60606

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