Should Abortion Be Legal?
The debate over whether or not abortion should be a legal option continues to divide Americans long after the US Supreme Court’s 7-2 decision on Roe v. Wade declared the procedure a "fundamental right" on Jan. 22, 1973.
Proponents, identifying themselves as pro-choice, contend that choosing abortion is a woman's right that should not be limited by governmental or religious authority, and which outweighs any right claimed for an embryo or fetus. They say that pregnant women will resort to unsafe illegal abortions if there is no legal option.
Opponents, identifying themselves as pro-life, contend that individual human life begins at fertilization, and therefore abortion is the immoral killing of an innocent human being. They say abortion inflicts suffering on the unborn child, and that it is unfair to allow abortion when couples who cannot biologically conceive are waiting to adopt.
Proponent 1.
The US Supreme Court has declared abortion to be a "fundamental right" guaranteed by the US Constitution. The landmark abortion case Roe v. Wade decided on Jan. 22, 1973 in favor of abortion rights, remains the law of the land. The 7-2 decision stated that the Constitution gives "a guarantee of certain areas or zones of privacy," and that "This right of privacy... is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."
Opponent 1.
Abortion is murder. The killing of an innocent human being is wrong, even if that human being has yet to be born. Unborn babies are considered human beings by the US government. The federal Unborn Victims of Violence Act, which was enacted "to protect unborn children from assault and murder," states that under federal law, anybody intentionally killing or attempting to kill an unborn child should "be punished... for intentionally killing or attempting to kill a human being." The act also states that an unborn child is a "member of the species homo sapiens." At least 38 states have passed similar fetal homicide laws.
Proponent 2.
Reproductive choice empowers women by giving them control over their own bodies. The choice over when and whether to have children is central to a woman's independence and ability to determine her future. Former Supreme Court Justice Sandra Day O'Connor wrote in the 1992 decision in Planned Parenthood v. Casey, "The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives." Supreme Court Justice Ruth Bader Ginsburg wrote in her dissenting opinion in Gonzales v. Carhart (2007) that undue restrictions on abortion infringe upon "a woman's autonomy to determine her life's course, and thus to enjoy equal citizenship stature." CNN senior legal analyst Jeffrey Toobin, JD, stated that Roe v. Wade was "a landmark of what is, in the truest sense, women's liberation
Opponent 2.
Life begins at conception, so unborn babies are human beings with a right to life. Upon fertilization, a human individual is created with a unique genetic identity that remains unchanged throughout his or her life. This individual has a fundamental right to life, which must be protected. Jerome Lejeune, the French geneticist who discovered the chromosome abnormality that causes Down syndrome, stated that "To accept the fact that after fertilization has taken place a new human has come into being is no longer a matter of taste or opinion... The human nature of the human being from conception to old age is not a metaphysical contention, it is plain experimental evidence."
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