The Globalized World Post – www.thegwpost.com | June 15, 2012
Abortion and Women’s Rights in the USA
Marianna Karakoulaki
The GW Post Editor
Junior Research Scholar, Strategy International
Introduction
1973 is marked as a very important year for women’s rights in the USA. It was
that year that abortion became a constitutional right and was legalized on a federal level
across the USA with the historical Supreme Court Decision Roe v. Wade. Since then,
however, the conservative right and religious leaders across the states have been trying
with every means they have to overthrow the decision. With every chance the
republican controlled legislatures have, they change their state laws in order to make it
more and more difficult for a woman to have an abortion or even take contraceptives.
Especially this year, abortion and contraception in general became one of the most
discussed issues on the agendas of the republican primaries due to the Birth Control
Mandate that the Obama Administration tries to push forward.
This paper discusses the impact that the debate on abortions has on women’s
rights in the United States. The first part will focus on the pro-life and pro-choice
arguments in order to give a brief introduction to the readers; in addition, the second
and main part of this paper focuses on the debate in the USA by firstly presenting the
main and most influential Supreme Court decisions and bills and, secondly by
presenting the republican opposition and the developments so far. The main point of
this brief overview of the current situation in the USA is that women’s rights are being
undermined by the efforts of the Republican Party to vote bills that will ban abortions
either entirely or make it extremely difficult for a woman to have one.
Marianna Karakoulaki | Abortion and Women’s Rights in the USA
1
The Globalized World Post – www.thegwpost.com | June 15, 2012
Pro Life vs. Pro Choice Argumentsi
Before moving forward with the discussion it is essential to introduce arguments of both
proponents and opponents of abortion.
Pro-Life Arguments
The basic argument of pro-life proponents is that abortion is murder. They base
this argument on the fact that they consider the fetus as human; therefore, killing
potential people not only is it wrong but also illegal. In addition, there is the argument on
fetal rights; that is, since the fetus is a potential human then human rights apply.
But one of the most debatable arguments concerns the time human life begins. Pro-life
supporters argue that human life begins from the beginning of conception since the
fetus fulfils 4 criteria: metabolism, growth, reaction to stimuli and reproduction ii.
Furthermore others argue that abortion violates feminist principlesiii: since the fetus is
considered a potential human, abortion is the murder of potential women.
“We believe in a woman's right to control her body, and she deserves this right no
matter where she lives, even if she's still living inside her mother's womb.” iv
A more extreme interpretation of the above argument is that abortion was
created by men and is used to make women available whenever men want.vLast but not
least, pro-life advocates support that abortion endangers women’s health, thus
connecting abortion with psychological illnesses and even breast cancer; arguments
that that have no scientific base.
Pro Choice Arguments
On the other hand, one of the most basic pro-choice argument is that women
should be in control of their body and no one should mandate how it should be treated
thus women have the right to decide what to do with their bodies otherwise it violates
Marianna Karakoulaki | Abortion and Women’s Rights in the USA
2
The Globalized World Post – www.thegwpost.com | June 15, 2012
the freedom of personal choice. In addition, pro-choice supporters argue that abortion is
vital for gender equality. With free access to abortion women will be able to achieve
social, economic and political equality. According to Brian Frederkingvi, pro-choice
advocates see abortion as a civil liberties issue. If that is the case then, the government
cannot infringe upon that right. If women do not have the right to decide on abortion
then their civil liberties are being violated and consequently they are not equal to men.
Last but not least, the third argument that should be emphasized is that banning
abortion risks women’s health since that would lead them to seek alternative – and
illegal - practices of abortion that could have dangerous implications, including even
death.
One of the basic differences of pro-life and pro-choice advocates is the moral
question of “when does life begin”. Pro-life advocates support that life begins at the
moment of conception whereas pro-choice advocates argue that life begins at the
moment of birth. Michael Perryvii, who has argued the moral aspects of human rights,
supports that all human beings have inherent dignity and argues that unborn humans
have inherent dignity too, therefore abortion is morally wrongviii. However, even though
there the human rights treaties do not define the moment life begins and therefore they
do not define whether the fetus is considered a human, most treaties adopt the first
article of the Universal Declaration of Human Rights which emphasizes the fact that “All
human beings are born free and equal in dignity and rights”. In this statement the word
“born” is used intentionally in order to support that human life begins at birth.
The Abortion Debate in the USA
Law Overview
As it is mentioned in the introduction, it was in 1973 that abortion became legal in
the USA on a federal level and that was because of the historical Supreme Court
Decision “Roe v. Wade” which made abortion a constitutional right based on the right of
privacy, implied by the 9th and the 14th amendments of the US Constitution. Quoting
from Roe v. Wade:
Marianna Karakoulaki | Abortion and Women’s Rights in the USA
3
The Globalized World Post – www.thegwpost.com | June 15, 2012
“This right of privacy, whether it be founded in the Fourteenth Amendment's
concept of personal liberty and restrictions upon state action, as we feel it is, or,
as the District Court determined, in the Ninth Amendment's reservation of rights
to the people, is broad enough to encompass a woman's decision whether or not
to terminate her pregnancy. The detriment that the State would impose upon the
pregnant woman by denying this choice altogether is apparent.” ix
In addition to Roe v. Wade, the Doe v. Bolton Supreme Court Decision mandated
that in cases of maternal health the woman’s right to an abortion could not be limited by
states.x
Despite the importance of these two decisions, over the years the conservatives
with a handful of arguments either on ethical or religious grounds tried to attack the
constitutionality of abortion rights. They have also tried to overturn Roe v. Wade by
promoting several bills and court decisions as state laws; this means that despite the
legality of abortion on a federal level there is a large number of restrictions in every
state separately.
For example, there are state laws that make counseling essential before the
operation. There is nothing wrong with that of course. However, during these counseling
hours, which are usually 24 hours before the operation, doctors must mention some
facts, that are not entirely scientifically proven, for example such as that abortion is
connected to breast cancer or mental illness. Still, the most disputed bill though is the
“fetal pain bill” which states that the fetus can feel pain after a gestational age of twenty
weeks or olderxi.
Public Funding
17 States: Use their own funds for Medicaid
32 States and DC: Use of States Funds Prohibited
(exceptions apply)
Marianna Karakoulaki | Abortion and Women’s Rights in the USA
4
The Globalized World Post – www.thegwpost.com | June 15, 2012
Coverage by Private Insurance
8 States: restricted coverage, coverage only when
woman’s life is endangered
Most states allow abortion coverage at additional
cost
State Mandated Counseling
19 States: Counseling before Abortion
Waiting Periods
26 States: specified waiting period, usually 24
hours before the operation, between counseling
and operation
Source: Guttmacher Institutexii
Birth Control Mandate
The latest controversy over abortion was sparked after the proposed birth control
mandate by the Obama administration. With the new contraceptive rule under
the health law, insured women will qualify for contraceptives without a co-payment as
part of a range of preventive medical servicesxiii.
The conservative right and religious leaders see this mandate as an attack to
religious freedom. They base their arguments on the fact that abortion, as a
contraceptive method, comes in contrast to their beliefs thus it is unconstitutional and
should not pass.
During a House Committee on Oversight and Government Reform hearing on
February 2012 that discussed the mandate with religious leaders the republican
representative (and Tea Party member), Joe Walsh, told that Barack Obama's plan to
eliminate co-pays for birth control was an attack on religious freedom arguing that the
mandate was not about women but about religious libertiesxiv.
In addition, John Boehner, the speaker of the House of Representatives opposed
the mandate by saying that the religious beliefs of the American people are being
violated. However this specific hearing has caused a lot of controversy due to the fact
that no woman was present in order to represent women and express women’s opinions
Marianna Karakoulaki | Abortion and Women’s Rights in the USA
5
The Globalized World Post – www.thegwpost.com | June 15, 2012
over the mandate.
In an additional hearing, supporters of the mandate, including Nancy Pelosi who
was the one that took the initiative to hold that hearing, claimed that the mandate was
not an issue of religious beliefs but an issue of women’s health. In her speech, on
March 2012, she supported that:
“It’s a matter of conscience for each woman, her doctor, her husband, her family
and her God to make their own decisions. And as a Catholic, I support the right
of a woman to make that decision,” (…) “The birth control and contraception is
not just about reproduction; it’s also about women. It’s all in the larger sense
about the fuller picture of women’s health.” xv
However the fact is that the mandate is surely not about religious rights but about
women’s health and women’s rights. According to pro-choice advocates in the USA,
Religious ideology should not mandate laws for all citizens, especially since religious
freedom is constitutionally established by the First Amendmentxvi.
As far as the abortion laws are concerned, the new mandate can have a serious
impact on them and on women’s lives. Until now 8 states restrict coverage of abortion in
private insurance plans, most often limiting coverage only to when the woman’s life
would be endangered if the pregnancy were carried to term. Most states allow the
purchase of additional abortion coverage at an additional cost. Seventeen states use
their own funds to pay for all or most medically necessary abortions for Medicaid
enrollees in the state. Thirty-two states and the District of Columbia prohibit the use of
state funds except in those cases when federal funds are available: where the woman’s
life is in danger or the pregnancy is the result of rape or incest. Forty-six states allow
individual health care providers to refuse to participate in an abortion. Forty-three states
allow institutions to refuse to perform abortions, sixteen of which limit refusal to private
or religious institutions.xvii
Marianna Karakoulaki | Abortion and Women’s Rights in the USA
6
The Globalized World Post – www.thegwpost.com | June 15, 2012
The benefits of the mandate cannot be denied. Women’s lives will be improved
not only economically but also socially. The mandate will give access to basic health
services for women, such as contraception, mammograms, prenatal and cervical cancer
screenings, and other preventive care which until now it was difficult due to their high
cost.
Conservative Opposition and the Elections
There is no surprise that the official stance of the religious leaders in the US is
against abortion with their main argument being that “Life begins at conception” xviii.
However, most of the attention is given to the Christians and their denominations due to
the influence they have in the public. Abortion is one of the main political debates in this
year’s primary elections in general with the conservative right paying attention to their
Christian values and the more liberals giving emphasis on women’s rights. The
republican candidates have given a special emphasis on the fact that they were all prolife and that was an important issue in their campaigns and one of their main arguments
against Barack Obama who is in favor of the Roe v. Wade decision.
Rick Santorum, who is a Roman Catholic and considered to have some of the
most extreme pro-life ideas, supported that abortion should be illegal even in cases
involving rape and incest. He has also taken the debate a step further by calling for
abortion doctors to be prosecuted for crimesxix. To make matters worse, Santorum,
when asked what he would do if one of his daughters was raped, got pregnant and
wanted to have an abortion, he said that he would advise her to “accept this ‘horribly’
created baby because it was still a gift from God, even if given in a ‘broken’ way”.xx
Conclusions
To sum up, there are a lot of arguments both by pro-life and pro-choice
advocates. Yet, there is one fact that cannot be denied: Abortion is a woman’s choice or
at least it should be a woman’s choice. In a country that is famous for its civil rights
Marianna Karakoulaki | Abortion and Women’s Rights in the USA
7
The Globalized World Post – www.thegwpost.com | June 15, 2012
movement it is absolutely unacceptable to discuss about women’s rights without
discussing about abortion rights. If the birth control mandate does not come into effect
then there will be a serious drawback not only for women’s rights but for gender equality
in general. The birth control mandate puts an end to several problems that exist in the
US Health Care System, especially for the less fortunate, since it will allow women
enrolled in Medicaid to have the right access to contraceptive methods.
Furthermore, the fact that the mandate was introduced this year has had a
serious impact on the presidential race as it became one of the most discussed issues
during the primary elections. Nevertheless, there was no surprise on the republican
primaries’ stance especially due to the fact that they never forget to mention their
religious (Christian) values to the end of gaining the support of the most religious part of
the population. That has caused an important dilemma among the more conservative
democrat voters.
To conclude, it should be said that as long the debate against abortion rights
continues in the USA, gender equality and women’s rights will not be fully achieved.
ABORTION LAWS OVERVIEW
Physician and hospital requirements
36 States: Abortion by licensed physician
20 States: Abortion in a hospital after a specified
point
20 States: Involvement of a second Physician
Gestational Limits
40 States: Abortions prohibited for Medicaid
enrolees (except when necessary)
Partial Birth
18 States: Prohibited
Public Funding
17 States: Use their own funds for Medicaid
32 States and DC: Use of States Funds
Prohibited (exceptions apply)
Coverage by Private Insurance
8 States: restricted coverage, coverage only
when woman’s life is endangered
Most states allow abortion coverage at additional
cost
Marianna Karakoulaki | Abortion and Women’s Rights in the USA
8
The Globalized World Post – www.thegwpost.com | June 15, 2012
Refusal
46 States: Health Care providers can refuse
participation in abortion
16 States: limited to private and religious
institutions
State Mandated Counselling
19 States: Counselling before Abortion
Waiting Periods
26 States: specified waiting period, usually 24
hours before the operation, between counselling
and operation
Parental Involvement
37 States: parental involvement required
22 States: one or both parents
11 States: inform one or both parents
4 States: both parental consent and notification
Source: GUTTMACHER INSTITUTE
i
BBC Ethics Guide: abortion available at: http://www.bbc.co.uk/ethics/abortion
ii
Clea er Ruse, C. & R. “ h arz alder, The Best Pro-Life Argu e ts for “e ular Audie es . A aila le at:
http://www.frc.org/brochure/the-best-pro-life-arguments-for-secular-audiences
iii
Feminists for Life: http://www.feministsforlife.org/
iv
Ibid.
v
Dworkin A. (1983), Right Wing Women. Available at:
http://www.nostatusquo.com/ACLU/dworkin/RightWingWomenAbortion.html
vi
Frederking, B., Gender Equality and Abortion (2006) at:
http://faculty.mckendree.edu/brian_frederking/columns/gender_equality.htm
vii
Perry M. J., Toward a Theory of Human Rights. Religion, Law, Courts (Cambridge University Press, 2007)
viii
Ibid (p.53-64)
ix
Roe v. Wade, 410 U.S. 113 (1973) at
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0410_0113_ZS.html
x
Doe v. Bolton, 410 U.S. 179 (1973)
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0410_0179_ZS.html
xi
State Policies in Brief: An Overview of Abortion Laws Guttmacher Institute (2012) at:
http://www.guttmacher.org/statecenter/spibs/spib_OAL.pdf
xii
At the end of this paper there is a full list of the overview of abortion laws in the USA
Marianna Karakoulaki | Abortion and Women’s Rights in the USA
9
The Globalized World Post – www.thegwpost.com | June 15, 2012
Appleby J., 5 Things You Need To Know About the Birth Control Mandate , MSNBC (02/03/2012) at:
http://vitals.msnbc.msn.com/_news/2012/03/02/10554349-5-things-you-need-to-know-about-the-birth-controlmandate
xiii
xiv
Joe Walsh: Birth Control Debate Not About Women The Huffington Post (21/02/2012) at:
http://www.huffingtonpost.com/2012/02/21/joe-walsh-birth-controld_n_1288822.html?ref=chicago&ncid=edlinkusaolp00000009
Parkinson J., Wo e ’s Health vs. Religious Freedo : House Leaders De ate Birth Co trol Ma date , ABC News
(01/03/2012) at: http://abcnews.go.com/blogs/politics/2012/03/womens-health-vs-religious-freedom-houseleaders-debate-birth-control-mandate/
xv
The Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and
to petitio the Gover e t for a redress of grieva es. U.S. Const. amend. I
xvi
State Policies in Brief: An Overview of Abortion Laws , Guttmacher Institute, (2012) at:
http://www.guttmacher.org/statecenter/spibs/spib_OAL.pdf
xvii
xviii
Religious Groups' Official Positions on Abortion The Pew Forum, (2012) at:
http://www.pewforum.org/Abortion/Religious-Groups-Official-Positions-on-Abortion.aspx
xix
Rick Santorum On Opposition To Abortion In Cases Of Rape: 'Make The Best Out Of A Bad Situation' The
Huffington Post (23/01/2012) at: http://www.huffingtonpost.com/2012/01/23/rick-santorum-abortionrape_n_1224624.html
xx
Ibid.
Marianna Karakoulaki | Abortion and Women’s Rights in the USA
10