Should Law Dictate a Woman’s Decision on Abortion?

Introduction

Women’s reproductive health issues are relevant because of the adoption of legislation that restricts women’s rights. In June 2022, in Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court ruled that the U.S. Constitution does not provide a right to abortion (Burell & Ruxton, 2022). It means that abortion legalization at the federal level has since been abolished, and the rights to regulate abortion have been transferred to the states. Almost immediately after passage, several states banned abortion: Missouri and Texas. The Supreme Court’s ruling is unjust because there are men on the panel, there are instances of rape and the way the Republican Party is using the abortion law for population control.

Men’s Involvement in the Abortion Decision

Abortion is a woman’s artificial termination of a pregnancy and is usually done invisibly. Men’s participation in the abortion decision can be legal or paper-based: the alleged fathers sign the abortion papers and are not responsible for the consequences. It is a violation of women’s rights because they are left alone with the risks of pregnancy. Additionally, pregnancy complicates life activities, so men’s disclaimer of responsibility is irrelevant (Becker et al., 2019). However, males continue to see themselves as more in charge and more critical than what decisions a woman needs to make. The number of men on the Supreme Court is critically high. It indicates that equality is still elusive, so the court has no idea how its decisions might affect women (Burell & Ruxton, 2022). Furthermore, some judges, on the contrary, believe that only they are capable of making decisions. Since none of these men would be responsible for the woman’s health or devote personal resources to support and care for the child, the court’s decision is wrong and unfair.

Abortion after Rape

Abortion issues are related to the increasing trends in teenage pregnancies, including in the United States. Despite efforts, their frequency remains high, with pregnancies due to rape being increasingly considered (Bowman, 2017). A pregnancy resulting from rape can have serious negative consequences for both the victim and the child conceived in rape. The proportion of pregnancies from rape that end in abortion varies significantly across cultures and countries (Basile et al., 2018). In countries where abortion is prohibited, the victim often has to give birth to an unwanted child or secretly have an illegal abortion, often very life- and health-threatening. Others, on the other hand, categorically refuse to have an abortion for religious or cultural reasons. Such data indicate that there is a lack of sex education which would reduce the frequency of negative consequences of pregnancy (Ewnetu et al., 2021). However, in the issue of rape, abortion becomes a critical element because, in this case, the frequency of giving birth to a healthy child is shallow.

The overturning of Roe v. Wade would result in women and teenage girls who survive rape being unable to have abortions. They would be forced to put themselves at risk through illegal and unsafe abortions or carry an unwanted child (BBC News, 2022). It is expected to lead to increased psychological illness and intentional risky behavior (Liu et al., 2021). If a child is nevertheless born, the mother will not perceive the child as her own and will give it to an orphanage or keep it and hate it (Basile et al., 2018). As a result, the state will become weak and psychologically unstable because neither women nor children will be loved. Consequently, the court’s rulings are unjust because violence survivors have lost their chance for a healthy life and a potential family and children they love.

Involvement of Republican States

Abortion occurs for various reasons justified by a woman’s inability to support and raise a child under favorable conditions. Sometimes abortions result from poor health or a fetus with abnormalities that will not allow it to live. Either way, a woman’s decision to have an abortion is a complex moral dilemma (Ewnetu et al., 2021). It is justified by the rise of Republican forces in the United States after Donald Trump took over the presidency in 2016. The central presidential leitmotif was to celebrate the Roe v. Wade verdict and to get abortion abolished as a legal procedure at the federal level (Safe and legal abortion access, 2021). The observed population growth in the U.S. is mainly due to migration, so abortion law is used to control the population. Instead of focusing their energies on restoring health and creating conditions for childbirth (e.g., reducing medical care for pregnancy management), Republican states seek to eliminate abortions. As a result, a conservative majority of white males are now on the highest court in the United States. This majority’s right-wing bias in the judiciary continues Donald Trump’s cause.

Based on the above, we can conclude that Roe v. Wade’s reversal resulted from pressure from Republican states. States are using a policy of oppressing women under a Christian umbrella that dictates how women should deal with an unborn child. Trump’s campaign has contributed to stricter legislation, and his claim to be the strongest advocate of the white house has generated support in Republican states (Safe and legal abortion access, 2021). No party, no matter its bias, has the right to decide how a woman deals with her body because she has the most rights to it (Bowman, 2017). The overturning of Roe v. Wade is a category of crime against humanity that is unreasonable and cruel and used to lord it over the female population.

Counterarguments

It is worth outlining the position that the abolition of abortion is a legitimate act that will benefit. First and foremost are Republican states with conservative views on marriage and how life should be lived. Conservatives believe that religious beliefs should outweigh a woman’s opinion and that a fetus becomes a child from conception. Therefore, these beliefs contradict medical evidence and ethical codes and are invalid (Liu et al., 2021). Another counterargument is that abortion will reduce population growth and, together with homosexuality, eliminate humanity. This claim is also invalid because there is no proven relationship between the legal right to abortion and the number of abortions (Zaręba et al., 2021). Consequently, the arguments for abolishing the right to abortion are not worthy of note.

Conclusion

Thus, a woman’s right to abortion is a fundamental right that a court decision cannot prohibit. The reversal of Roe v. Wade is discriminatory, sexist, and violates a woman’s rights to life and health. It is unjust because most judges are men who will not take risks for a pregnant woman’s future. In addition, pregnancy due to rape can negatively affect a woman and result in a poorer quality of life for a population without the right to an abortion. The involvement of Republican states in the repeal decision is mainly due to Donald Trump’s campaign, which has led to conservative views among judges. Pro-life people believe religion and population growth are more important than abortion and women’s rights. However, this is not a valid opinion because it violates medical and ethical standards and has no proven basis.

References

Basile, K. C., Smith, S. G., Liu, Y., Kresnow, M. J., Fasula, A. M., Gilbert, L., & Chen, J. (2018). Rape-related pregnancy and association with reproductive coercion in the U.S. American Journal of Preventive Medicine, 55(6), 770–776.

BBC News. (2022). Roe v Wade: What is US Supreme Court ruling on abortion?

Becker, S. O., Fernandes, A., & Weichselbaumer, D. (2019). Discrimination in hiring based on potential and realized fertility: Evidence from a large-scale field experiment. Labour Economics, 65, 139-152.

Bowman, K. (2017). Attitudes about abortion. Washington D.C., American Enterprise Institute.

Burell, S., & Ruxton, R. (2022). Roe v Wade: Men benefit from abortion rights too – and should speak about them more. The Conversation.

Ewnetu, D. B., Thorsen, V. C., Solbakk, J. H., & Magelssen, M. (2021). Navigating abortion law dilemmas: experiences and attitudes among Ethiopian health care professionals. BMC Medical Ethics, 22(1), 166.

Liu, S. Y., Ehntholt, A., Cook, D. M., & Pabayo, R. (2021). From restrictions to outright challenges: Abortion laws and population health. American Journal of Public Health, 111(9), 1578–1580.

Safe and legal abortion access under greatest threat since Roe v. Wade Decision: Texas law bans nearly all abortions. (2021). Contraceptive Technology Update, 43(11), 1–4.

Zaręba, K., Wójtowicz, S., Banasiewicz, J., Herman, K., & Jakiel, G. (2021). The influence of abortion law on the frequency of pregnancy terminations – A retrospective comparative study. International Journal of Environmental Research and Public Health, 18(8).

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"Should Law Dictate a Woman's Decision on Abortion?" LawBirdie, 28 May 2023, lawbirdie.com/should-law-dictate-a-womans-decision-on-abortion/.

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LawBirdie. (2023) 'Should Law Dictate a Woman's Decision on Abortion'. 28 May.

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LawBirdie. 2023. "Should Law Dictate a Woman's Decision on Abortion?" May 28, 2023. https://lawbirdie.com/should-law-dictate-a-womans-decision-on-abortion/.

1. LawBirdie. "Should Law Dictate a Woman's Decision on Abortion?" May 28, 2023. https://lawbirdie.com/should-law-dictate-a-womans-decision-on-abortion/.


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LawBirdie. "Should Law Dictate a Woman's Decision on Abortion?" May 28, 2023. https://lawbirdie.com/should-law-dictate-a-womans-decision-on-abortion/.