ROE Vs. WADE
Roe v. Wade was a 1973 landmark case in which the Supreme Court of the
United States ruled that state laws could not forbid a woman to have an
abortion during the first three months of pregnancy. The court also ruled
that during the second three months, a state could regulate abortions only
to protect women's health. Before Roe v. Wade, many U.S. states prohibited
abortions in almost all circumstances.
The court based its decision in part on the principle that the Bill
of Rights of the U.S. Constitution created a "zone of privacy" into which
a state could not intrude. Seven of the court's nine justices supported
the decision, which was written by Justice Harry A. Blackmun.
Roe v. Wade arose after Norma McCorvey, an unmarried carnival worker,
was denied an abortion in Texas in 1969. Texas law permitted abortions
only when the woman's life was in danger. McCorvey sued Henry Wade, the
Dallas County district attorney, in an attempt to prove that the law was
unconstitutional. McCorvey was called Jane Roe in the case to conceal her
identity.
In Roe v. Wade, the Supreme Court divided the nine months of pregnancy
into three stages called trimesters. It ruled that a state cannot regulate
abortions in the first trimester, except for requiring that the doctor
be licensed by the state. The court ruled that during the second trimester,
the state may prevent a woman from having an abortion, but only to protect
the woman's health. It ruled that in the third trimester, the state may
prohibit abortions entirely, except when an abortion is needed to save
the woman's life. The court based this last decision on two considerations:
(1) during the third trimester, the fetus is more likely to survive outside
the mother; and (2)abortion is a serious medical procedure during the third
trimester.
Roe v. Wade soon became the subject of a great national controversy.
Some people considered it an important advance toward equality for women
because it gave women the right to choose when and whether to have a child.
However, people who opposed abortion--particularly those who feel that
life begins at conception--strongly disagreed with the court's decision.
Back to Sarah Weddington page
|