 | Abortion is a controversial issue that has plagued the United States since the highly publicised Supreme Court case of Roe vs. Wade in 1973. This well known case legalized abortion in the United States and split the nation’s people into a few different very vocal groups. These groups are known as Pro Life, Pro Choice, Anti Abortion, and Moderate. Those termed “Pro Life” believe that all life is precious and fight for a child’s right, even from the womb, to live. Pro Lifers tend to not only be against abortion but also capital punishment. "Anti Abortion" people usually see nothing wrong with capital punishment, but are very much against abortion. “Pro Choicers” fight for the right of a woman to do whatever she wishes with her body. "Moderates" include those who are not sure of their stance on this issue and others who agree with abortion but only under certain "special" circumstances. Advocates of these groups have been arguing back and forth in courts, public debates, and schools, trying to resolve the legal and moral aspect presented by abortion. |
Abortions are legal in the United States but the federal government set forth guidelines for individual states to enforce if they so choose. These guidelines are:
- informed consent, meaning the mother must be given information regarding the procedure and also alternatives to abortion.
- parental consent. However, the girl may obtain permission from a judge instead of parents.
- viability, meaning a baby may not be aborted if it has reached “viability” or is able to survive outside of the womb.
One or all of these restrictions may be enforced if the state so chooses, however, a majority of the states only enforce one, if any, of those guidelines. Even if one or all of these restrictions were used, it does not do much for the limiting of abortion, rendering them pretty much useless.
Currently in the state of New York, the Penal Law defines homicide, including abortion, as “a conduct which causes the death of an unborn child with which a female has been pregnant for more than 24 weeks” (Section 125). “A “justifiable” abortion act is permitted when committed upon a female with consent by a duly licensed physician acting:
(A) under a responsible belief that such is necessary to preserve her life, or
(B) within 24 weeks of commencement of pregnancy” (Section 125).
“A pregnant female’s commission of an abortion act upon herself is justifiable when she acts upon advice of a duly licensed physician:
(1) that such act is necessary to preserve her life, or
(2) within 24 weeks of commencement of pregnancy.
Submission by a female to an abortional act is justifiable when she believes that it is being committed by a duly licensed physician acting under reasonable belief that such act is necessary to preserve her life or within 24 weeks of pregnancy” (Section 125).
In New York, the following restrictions on abortion were in effect as of December 2002:
• New York does not have any of the major types of abortion restrictions-such as waiting periods, mandated parental involvement or limitations on publicly funded abortions-often found in other states.
In other words, abortion, in New York State, is legal and fairly easy for a pregnant woman to obtain. There are many faults to be found in this policy, or lack thereof. For example, abortion is considered homicide only if an action caused the death of the unborn baby AFTER 24 weeks of the pregnancy. So, if a man beat a pregnant woman, causing the death of her child, but the woman was only 23 weeks pregnant, that man cannot stand trial for the murder of that baby. At best, he may be found guilty of assault. If the woman was 24 weeks pregnant or MORE, and it caused the death of the unborn baby, the perpetrator CAN be charged with a homocide. What a difference a week makes! If the situation was slightly different and a man beat a woman who was NOT pregnant and it brought about HER death, he could be arrested and tried in a homicide case and possibly receive the death penalty for murder. If such occurred, the man is deserving of death for killing the woman but why not for bringing about the death of a woman’s unborn child?
• In the 1973 Roe v. Wade decision, the Supreme Court ruled that women, in consultation with their physician, have a constitutionally protected right to have an abortion in the early stages of pregnancy--that is, before viability--free from government interference.
• In 1992, the Court upheld the right to abortion in Planned Parenthood v. Casey. However, the ruling significantly weakened the legal protections previously afforded women and physicians by giving states the right to enact restrictions that do not create an "undue burden" for women seeking abortion.
• 32 states currently enforce parental consent or notification laws for minors seeking an abortion: AL, AR, AZ, DE, GA, IA, ID, IN, KS, KY, LA, MA, MD, MI, MN, MO, MS, NC, ND, NE, OH, PA, RI, SC, SD, TN, TX, UT, VA,WI, WV, and WY. The Supreme Court ruled that minors must have the alternative of seeking a court order authorizing the procedure.
• 45% of minors who have abortions tell their parents, and 61% undergo the procedure with at least one parent's knowledge. The great majority of parents support their daughter's decision.
• In Stenberg v. Carhart in 2000, the Court declared Nebraska's law criminalizing so-called partial birth abortion unconstitutional because it lacked an exception to protect the woman's health. The Court also found that the law imposed an undue burden on women because it was written so broadly as to ban not only dilation and extraction (D&X) procedures, but also dilation and evacuation (D&E) procedures.
• The U.S. Congress has barred the use of federal Medicaid funds to pay for abortions, except when the woman's life would be endangered by a full-term pregnancy or in cases of rape or incest.
• 17 states (AK, AZ, CA, CT, HI, IL, MA, MD, MN, MT, NJ, NM, NY, OR, VT, WA and WV) do use public funds to pay for abortions for some poor women. About 14% of all abortions in the United States are paid for with public funds (virtually all from the state).
Abortion, simply put, using biological common sense, is murder. As I've already stated, I believe that any and all societal issues can be traced back to the home. I do not believe it should be up to the federal government to legistlate each and every detail. Morality does not come from the governement. Morality and values should be instilled in children by their parents then re-enforced by family, friends, local government, and on up to the federal level. I would like to see the government say "From this day on, abortion is illeagal and those obtaining and performing them will be prosecuted." First off, that's not going to happen. Secondly, its not the government's place to do such. Society as a whole should be saying, "Abortion is wrong, its murder, and we want it outlawed." Then society would vote in people (on local and federal levels) to set up laws supporting that sentiment. Do you see the difference between societal rule versus governmental? Addressing the moral issue presented by abortion may lead to proper laws supporting it. Teaching our children to become responsible adults (in every aspect, including sexually) would lead to a higher standard of morals among the nation’s people. Perhaps then people as a whole will once again embrace respect for human life.
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