herchoice

Musings of a writer in preparation for NaNoWriMo 05.

Friday, March 11, 2005

Roe v. Wade

Why:
According to MRS. WEDDINGTON in arguing the first case of Roe v. Wade, December 13, 1971
The State cannot deny the effect that this law has on the women of Texas. Certainly there are problems regarding even the use of contraception. Abortion now, for a woman, is safer than childbirth. In the absence of abortions--or legal medically safe abortions--women often resort to the illegal abortions, which certainly carry risks of death, all the side effects such as severe infections, permanent sterility, all the complications that result. And, in fact, if the woman is unable to get either a legal abortion or an illegal abortion in our State, she can do a self-abortion, which is certainly, perhaps, by far the most dangerous. And that is no crime. ...

... Texas, for example, it appears to us, would not allow any relief at all, even in situations where the mother would suffer perhaps serious physical or mental harm. There is certainly a great question about it. If the pregnancy would result in the birth of a deformed or defective child, she has no relief. Regardless of the circumstances of conception, whether it was because of rape, incest, whether she is extremely immature, she has no relief. I think it's without question that pregnancy to a woman can completely disrupt her life. Whether she's unmarried; whether she's pursuing an education; whether she's pursuing a career; whether she has family problems; all of the problems of personal and family life, for a woman, are bound up in the problem of abortion. For example, in our State there are many schools where a woman is forced to quit if she becomes pregnant. In the City of Austin that is true. A woman, if she becomes pregnant, and is in high school, must drop out of regular education process. And that's true of some colleges in our State. In the matter of employment, she often is forced to quit at an early point in her pregnancy. She has no provision for maternity leave. She has.. she cannot get unemployment compensation under our laws, because the laws hold that she is not eligible for employment, being pregnant, and therefore is eligible for no unemployment compensation. At the same time, she can get no welfare to help her at a time when she has no unemployment compensation and she's not eligible for any help in getting a job to provide for herself. There is no duty for employers to rehire women if they must drop out to carry a pregnancy to term. And, of course, this is especially hard on the many women in Texas who are heads of their own households and must provide for their already existing children. And, obviously, the responsibility of raising a child is a most serious one, and at times an emotional investment that must be made, cannot be denied. So, a pregnancy to a woman is perhaps one of the most determinative aspects of her life. It disrupts her body. It disrupts her education. It disrupts her employment. And it often disrupts her entire family life. And we feel that, because of the impact on the woman, this certainly--in as far as there are any rights which are fundamental--is a matter which is of such fundamental and basic concern to the woman involved that she should be allowed to make the choice as to whether to continue or to terminate her pregnancy.

Authors Note:
Makes you wonder: Had Roe v. Wade not been decided as it was, would women today enjoy the equality that we have today? We cannot be kicked out of school for a pregnancy now. In fact, many schools help a pregnant teen get through classes. We can collect unemployment if we are layed off while pregnant. Of course, while pregnant, we don't get maternity leave even if our unemployment runs out at a really unfortunate time.

She continued:
I think the Fourteenth Amendment is equally an appropriate place, under the rights of persons to life, liberty, and the pursuit of happiness. [sic] I think that in as far as "liberty" is meaningful, that liberty to these women would mean liberty from being forced to continue the unwanted pregnancy.

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