There used to be a time where abortion wasn’t thought twice about, people weren’t protesting in the streets, and services were open for the public. During the 18th century, abortion was allowed under common law, only illegal after movement from the fetus was felt by the woman (Jessica Ravitz). Since then, in the late 19th century, abortion has been deemed illegal throughout much of the country, resulting in woman undergoing unsafe, deadly measures behind closed doors. It is as much of a problem back then as it is now, leaving many divided.
In 1969, unmarried Texas woman in her early 20’s, Norma McCorvey, wanted to terminate an unwanted pregnancy. At the time of her pregnancy, abortion was illegal in Texas unless it would save the woman’s life. After unsuccessfully trying to get an abortion, McCorvey was referred to attorneys in her area to deal with a case further. Texas doctors, along with many others, were siding with this young woman, stating the abortion laws in Texas are too vague to follow. She argued the Texas law is unconstitutional because it violated humans guarantee of personal liberty and the right to privacy within the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. During her trial, she preferred to be regarded as “Jane Roe” for privacy reasons during her pregnancy.
In June of 1970, the district court of Texas ruled in a 7-2 decision that the states abortion ban is unconstitutional as it violates humans right to privacy and liberty but also the Due Process Clause. This decision was trying to balance the interest in the life of mothers and the potentional life of the fetus. After this ruling, the respondent, Dallas, Texas state attorney Henry Wade, asserted that he would prosecute any doctors that will perform an abortion. The majority decided that a fetus does not have the same rights as a human being until birth and the point of where life begins was not directly expressed. Instead, the court created a framework for abortions, basing off which trimester the woman is in. During weeks one to 12– the first trimester, the decision lays fully in the hands of the woman and if need be, her doctor. This is the safest period to endure an abortion. During the riskier 12 to 24 weeks- the second trimester, states and government can place restrictions but not entirely ban it. During the riskiest timeframe, 24 to 36 weeks- the third trimester, the state could prohibit an abortion to protect the fetus that could survive out of the womb, except when the woman is in danger (“Roe v. Wade (1973)”). The justices also acknowledged continuing pregnancy puts risk on the woman’s physical and mental health; creates financial burdens, and social stigma (Laura Temme). The result of this case changed the way states can regulate abortion and characterized abortion under the constitutions right of privacy.
In the years prior to Roe vs Wade, there were over one million illegal abortions annually being performed. Since then, there has been around one million legal abortions annually. According to a 2019 Guttmacher Institute study, abortion rates have dropped 7% since 2014 and are at the lowest rate since abortion was legalized in 1973 (ProCon.org). The rate of deaths as a result of abortions dropped severely as well. Although these are great statistics, there has been an ongoing debate on whether abortion should be legal or illegal. 61% of people say that abortion should be legal, but 38% of people believe that it should be completely overturned and illegal because it is morally wrong. The greater concern of Americans say that some states make it too difficult rather than too easy to get an abortion.
During the 18th century, abortion wasn’t seen as an issue and could be openly discussed without debate. Until the 19th century, abortion becoming unlawful is when controversy raised. Although there is a split between views on this topic, abortion is still a widespread practice that has been utilized as much in the past as it is now.
Roughly, since 1973 individuals in America are either pro-life or pro-choice. The event that happened in 1973 is known as The Roe Vs Wade case where we previously mentioned in The Problem section. In the end with the Roe vs Wade case the court decided and ruled that the Constitution of the United States is to protect a pregnant women liberty and freedom of choice to choose to have an abortion without government restriction/being penalized. The pro-life vs pro-choice brought upon from this case is essentially two different perspective views that are against one another. Pro-life being against abortions and pro-choice individuals being for abortions and women rights.
Pro-life individuals perspective is that the fetus is alive during all stages of pregnancy and in fact, the baby is alive from the moment of conception. Well, according to Historically Deadly Demand, “Life begins the moment of conception” (Olasky 50). Back around in the 1850’s, doctors and science teams did research on the stages of pregnancy to know for sure when the fetus was active and alive, how it was functioning, what it looked like, to know live and well how far into a pregnancy they were being killed/aborted. Once it was discovered by Dr. Stephen Tracy that just at 45 days the eyes, mouth, nose could be distinguished of an unborn baby, and the hands and arms were halfway grown already full it was overruled by many other doctors who spoke up and passed laws protecting unborn children during a pregnancy. (Olasky 50). This information only began to spread to many individuals who then changed views and wanted to protect unborn children.
Another perspective I have come across to learn from pro-life individuals is that abortions are going against nature and Gods creations. Pro-lifers believe if the fetus has a heartbeat, you are committing murder. Many pro-lifers believe that once you can hear and detect the heartbeat of an unborn child, it is going against everything in nature by killing it.
One big perspective I have come to learn of pro-lifers is that the unborn child can feel pain of an abortion being executed. Unborn babies are said to have been growing hair, nails, their noses are being shaped, their limbs are already at half grown… they may feel the pain of an abortion. In research it was concluded that unborn babies do not endure or feel any pain with an abortion. . “In those hearings, my late dear friend Daniel Robinson refuted the claim of one of the pro-choice doctors that a fetus cannot feel pain at 12 weeks. Doctors on the other side testified that fetuses were not as likely to feel pain because their cerebral cortices were not well developed” (Short 106). But, many individuals may not be informed of this orr educated on this subject and may not know that abortions do not cause pain nor can the fetus feel anything.
Overall pro-lifers and pro-choice individuals in America remain against one another and we remain trying to communicate with one another and educating one another. It will always be a debate and even politically speaking, the majority of republicans are in favor for the ban of abortions meanwhile the majority of democrats are pro-choice and believe we should expand abortion laws etc.
Government officials in Michigan have the ultimate power in the decision-making aspect of abortion for women. But this does not mean that women as citizens have no power overall. Protests, petitions, and many other things can persuade the government to make the right choice in their decisions. Planned Parenthood based in Michigan as well as the Michigan Department of Health and Human Services must also provide information around birth control and abortion. People making these important decisions is any citizen in the community.
Gretchen Whitmer, the governor of Michigan, is one of the main stakeholders in this fight for free and legal access for women to abortion. “Gov. Gretchen Whitmer, who is firmly pro-choice on abortion, has lobbied lawmakers to repeal the 1931 ban, a request GOP leaders have so far scoffed at. Pro-choice Michigan Attorney General Dana Nessel, also up for re-election, says she would not enforce the ban at the state level so long as she is in office.” (A Michigan Abortion). She is one of the most powerful stakeholders in the state.
Another example of government officials would be the president and vice president of the United State of America, Joe Biden and Kamala Harris. Regulating Medicaid, funding for nonprofits that provide abortion abroad, passing federal abortion regulations, and appointing supreme court judges are four different ways the president and vice president have an effect on the mandating of abortion access. (Kliff).
Lastly, the Supreme Court is another stakeholder in the laws of abortion. “The Supreme Court is certainly the only body that can overturn Roe v. Wade, the 1973 decision that legalized abortion. But that does not mean the president does not hold sway over what abortion rights look like in a wide variety of ways.” (Kliff). Even with this said, the supreme court does “ensure the American people the promise of equal justice under law and, thereby, also function as guardians and interpreters of the Constitution.” (The Court). The fact that the probabilities of the Supreme Court are shifted, “"It has been a 50-year campaign to overrule Roe v Wade and there certainly are enough members of the court now to do so," said Katherine Franke, director of the center for gender and sexuality law at Columbia University.” (Honderich).
An example of how many different types of stakeholders that have the power to work together in order to make a change in the world would be “candidates, political parties, advocacy organizations and ballot groups across the state are drawing battle lines as a conservative-tilted U.S. Supreme Court considers a Mississippi abortion case that asks justices to overturn the court’s 1973 landmark decision in Roe v. Wade.” (A Michigan Abortion). Shouting your support for abortion access, support for abortion funds, support for reproductive justice organizations, and following planned parenthood (Planned Parenthood) are all examples of how we as citizens can fight for our abortion rights. “Reproductive choice empowers women by giving them control over their own bodies.” (Top 15) Women deserve to have the ability to have control over their own bodies.
Michigan is working to get rid of Roe v. Wade. If this follows through, Michigan will avert back to its initial laws where abortion was completely illegal. This is called a trigger ban; abortion would be illegal in Michigan until new legislation is determined. Governor Whitmer has been trying to fight it off the best she can, she “vetoed from the new state budget more than $16 million intended for organizations that promote alternatives to abortion”(Detroit Free). Her efforts are being noticed, but ultimately, she has no power in the decision. Michigan is characterized as “Hotsile” meaning that it is extremely vulnerable to the renewal of old abortion laws and would immediately ban abortion after Roe v. Wade is overturned (What If). Politicians are doing everything they can to restrict abortions, many states in the United States have banned it completely. There have been bills passed like the Heartbeat Bill , which makes abortion illegal as soon as a heartbeat is detected, making it nearly impossible for some women to have abortion as an option. When Roe v. Wade is overturned, states will immediately ban abortion which violates women's rights spelled out in the 14th amendment.
Are you interested in making a change yourself? Whether you're a woman or not, you have some sort of connection to one in your life and they need your help. Take part in signing this petition or visit these sites below to get a better understanding of what's being fought for.
“Abortion Rates Lowest since Roe v. Wade.” Pro Con, 20 Sept. 2019, abortion.procon.org/abortion-rates-lowest-since-roe-v-wade/.
Bangs, Molly. “Reproductive Health Care: A Favorite Target in America.” The Century Foundation, 19 Jan. 2017, tcf.org/content/report/reproductive-health-care-favorite-target-america/?gclid=Cj0KCQiAybaRBhDtARIsAIEG3klXztMrpCc_1RoK7fQNIG37R6VJyt2azPNyyebUyQWzMumRvbKK5jAaAhcrEALw_wcB&agreed=1.
Honderich, Holly. “Why Us Abortion Laws Could Be Changed by Supreme Court Ruling.” BBC News, BBC, 2 Dec. 2021, www.bbc.com/news/world-us-canada-59340789.
Kliff, Sarah. “Four Ways the President Affects Abortion Rights.” The Washington Post, The Washington Post, 28 Aug. 2012, www.washingtonpost.com/news/wonk/wp/2012/08/28/four-ways-the-president-effects-abortion-rights/.
“Michigan's Informed Consent for Abortion Law.” MDHHS, www.michigan.gov/mdhhs/0,5885,7-339-73971_4909-45202--,00.html.
Miriam. “4 Easy Ways to Fight for Abortion Rights.” Planned Parenthood, 25 Oct. 2021, www.plannedparenthood.org/blog/4-easy-ways-to-fight-for-abortion-rights.
Olasky, Marvin. “Historically Deadly Demand: What Our Pro-Life Predecessors Can Teach Us about Standing against Abortion.” World, vol. 37, no. 2. 29 Jan. 2022, pp. 50–53. search-ebscohost-com.ezproxy.delta.edu/login.aspx?direct=true&db=f6h&AN=154775310&site=ehost-live&scope=site.
Oosting, Johnathan. “A Michigan Abortion Ban Could 'Shock' State Politics Ahead of 2022 Election.” Bridge Michigan, 22 Feb. 2022, www.bridgemi.com/michigan-government/michigan-abortion-ban-could-shock-state-politics-ahead-2022-election.
Ravitz, Jessica. “The Surprising History of Abortion in the United States.” CNN Health, 10:52 a.m., 27 Jun. 2016, www.cnn.com/2016/06/23/health/abortion-history-in-united-states/index.html.
“Roe v. Wade.” Oyez, www.oyez.org/cases/1971/70-18.
“Roe v. Wade (1973).” Academy 4SC, academy4sc.org/video/roe-v-wade-1973/.
Savas, Leah, and Esther Eaton. “LEGACY MARCHERS: Pro-Lifers are still Far from Achieving the Original Goal of The March for Life, but the Increasingly Youthful Crowd Gives Old-Timers Hope for the Future of the Movement.” World, vol. 37, no. 12 Feb. 2022, pp. 40–45. search-ebscohost-com.ezproxy.delta.edu/login.aspx?direct=true&db=f6h&AN=155595291&site=ehost-live&scope=site.
Short, Edward. “Listening to the Heartbeat of the Pro-Life Movement.” Human Life Review, vol. 47, no. 4, fall 2021, pp. 102–108. search-ebscohost-com.ezproxy.delta.edu/login.aspx?direct=true&db=f6h&AN=154470597&site=eds-live&scope=site.
“Should Abortion Be Legal?” Pro Con, 9 May. 20219, abortion.procon.org/.
Temme, Laura. “Roe v. Wade Case Summary: What You Need to Know.” FindLaw, 21 Sept. 2021, supreme.findlaw.com/supreme-court-insights/roe-v--wade-case-summary--what-you-need-to-know.html.
“The Court and Constitutional Interpretation.” Supreme Court of the United States, www.supremecourt.gov/about/constitutional.aspx.
Willis, E. Susan. “Ten Legal Reasons to Reject Roe.” United States Conference of Catholic Bishops, www.usccb.org/issues-and-action/human-life-and-dignity/abortion/ten-legal-reasons-to-reject-roe.
In regards to the poll question it essentially means that if you vote yes you believe the abortion ban in the state of Michigan should be revoked, to take away and reverse the law. OR if you vote then that means you believe the state of Michigan should keep the law and the ban of abortion.