Abortion is one of the most controversial ethical issues in American society, particularly because the question at hand involves the “taking” of a human life. In 1973, the Supreme Court of the U.S. rendered a seven to two decision in the now famous case of Roe v. Wade, declaring unconstitutional a Texas law that made abortion a crime in all situations except that in which pregnancy threatened the life of a mother. If we look at the controversy over abortion, we find legal and religious arguments guiding the debate. Since Roe v. Wade, abortion has remained at the center of a national controversy. According to Ely, the issue is a “highly emotional one which touches upon religion, value and belief systems, morality, assumptions regarding a woman’s right to autonomy and privacy, and the definition of life itself,” (920). Despite such issues, separation of church and state are guaranteed by the U.S. Constitution. Furthermore, abortion is viewed as a personal decision despite debates over morality. As the Rosicrucian Fellowship maintains, “The State’s prohibition of early abortion would be an unconstitutional invasion of a woman’s privacy,” (Pros 1). As such, women should continue to be afforded the right to choose with respect to abortion, based upon interpretation of the Ninth Amendment to the Constitution.
Since 1977, particularly in the wake of Roe v. Wade, numerous pieces of legislation have been introduced at state, local, and national levels to restrict abortion services. Issues such as informed consent, waiting periods, and parental notification when the applicant for an abortion is underage, and regulations relating to methods of abortion and abortion facilities have been debated (Harrington 40-44). The general failure of the antiabortion movement to force the states and the courts, much less the federal government, to reverse their positions on this issue has resulted in a new direction. The Pro Life...