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Should Abortion be Legal?
Abortion is an elusive and incomprehensible, sometimes conflicting and emotion-evoking social, legal and moral aspect. It is a subject that splits opinions, testing the limits of moral foundations vis-à-vis the legal frameworks that aim at protecting the basic fundamental “rights” of women. According to Weitz, abortion is the most contested social subject of our time, and there is no conclusive consensus around the globe (161). The legality of abortion depends on various circumstances, and views from both the supporters and critics of the practice present a set of valid claims for consideration.
The landmark changes in the legality of abortion in the U.S. commenced with Roe v. Wade decision which raised the support for the legalization of abortion. In 1973 decision by the U.S. Supreme Court, the constitutionality laws that criminalized or restricted access to abortion were disallowed (Mears and Franken). The ruling changed the face of legal grounds connected to the practice. From the views of the unrestricted abortion supporters, it is all about safeguarding the basic fundamental rights of women (fpa 1). The Roe decision provided grounds for the active support of access to unrestricted abortion under all circumstances for women. Health, planned parenthood and economic reasons among others are just a few of the most cited reasons for the validity of the practice. However, opposition and the resistance from the pro-life activists have made the practice a debatable spectacle.
Even though Roe v. Wade landmark decision encouraged the acceptance of abortion under the legal criteria, open criticism from the past and present still casts doubts over the practice. The Supreme Court ruling evoked the debate that is still running to today. The critics have raised questions regarding the extent to which abortion should be legal, who should determine the legality of abortion, and what should be the role of moral and religious opinions in the political sphere (Greenhouse, 72). The pro-life activists have always had views that court rulings such as the Roe decision promotes some form of extreme judicial activism. The majority of the abortion opponents believe that personhood commences at conception, and the constitution should also protect it.
In a review of the two sides of the debate concerning the legality of abortion, there are some elements of validity and also a flawed opinion. In medical terms abortion is a reliable procedure that could save a woman’s life; however, the practical measures to limit its possible misuse is perhaps necessary. For example, Weitz noted that during the supporting campaigns before the Roe decision, slogans such as “abortion on demand” and “abortion without apology” were used by the radical feminists to express their opinion over the matter (162). There could be the possibility of abortion misuse if the law does not guide the practice. Conversely, the significance of abortion in a woman’s life is a good reason enough why the practice should be legalized. Medically, it is a life-saver, and also, could be instrumental in shaping a woman’s position in society. The moral standpoints concerning the practice are valid, but with excessive emotions involved, striking a reasonable consensus could be a complicated process.
In conclusion, the debate on whether abortion should be legal or prohibited depends on a careful review of both the supporting views and the dissenting opinion. The concerns presented by the opposing group have valid grounds; nonetheless, these views do not mean that abortion is entirely an evil practice. On the other hand, the critical nature and the composition of abortion procedure indicate that measures should be prioritized within the legal frameworks to ensure acceptable use of the abortion to benefit women and promote their welfare within the society.
Works Cited
fpa. “Abortion rights are human rights.” 2009. fpa. Web. 11 April 2019.
Greenhouse, Linda. Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey. Henry Holt and Company, 2005. Web.
Mears, Williams and Bob Franken. 30 years after ruling, ambiguity, anxiety surround abortion debate. 22 January 2003. Web. 11 April 2019.
Weitz, Tracy A. “Rethinking the Mantra that Abortion Should be “Safe, Legal, and Rare”.” Journal of Women’s History (2010): 161-172. Web.