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Roe Vs Wade Essay, Research Paper

Roe vs. Wade

Roe vs. Wade was a court case based on abortion and a woman?s right to choose. At the time of this court case the present law in Texas stated that it was illegal to get an abortion, unless the mother?s life was in danger.

The main character in this movie was named Ellen. Ellen was a single woman who was pregnant; the father was out of the picture. Ellen had already given birth to one child named Cheryl a few years before. Her mother adopted this first child and moved to new Mexico. Ellen did not have a steady job or the money to raise a baby. Ellen also knew that she would not have the strength to give up another child for adoption, so her choice was abortion. The first doctor Ellen went to refused to give her an abortion do to the law, even though she lied and said she was raped. Ellen did not have the guts to receive an abortion illegally because the place was like a butcher shop. Her last option was changing the law. She sleeked the help of two lawyers who were forming a case against the Texas law their names where Linda and Sarah.

When this case was presented in the Texas courts Ellen used a fake name, which was Jane roe. Linda and Sarah argued the Texas law was unconstitutional. They went up against Jay Floyd who was the attorney general of the state of Texas. (Wade a city in Texas) The hearing took place in Dallas Texas on May 23rd. The court ruling in this first trial was that abortion was legal but a doctor who preformed and abortion could be prosecuted and go to jail.

In May of 1971 The supreme court agreed to hear the Roe vs. Wade case. At this point Linda had dropped the case because she was afraid it threatened her job being she was the only woman worker in her firm. Ellen had her baby and gave it up for adoption and had attempted suicide. Sarah went to the Institute for the Constitution where she was given no help. Sarah used the 14th amendment in her argument for abortion. On the day of the hearing there was 7 justices instead of 9. The hearing was held on December 13,1971. The chief justice was Clarence Darryl (great lawyer) On January 22,1973 the supreme court ruled that the 14th amendments right of privacy encompasses a woman?s decision whether or not to terminate her pregnancy. They ruled 1) during the first trimester a state must recognize a woman?s right to choose and cannot interfere; 2) during the second trimester a state may make reasonable regulations acting in the interest of the woman but cannot prohibit the procedure; 3) all abortions may be prohibited acting in the protection of the unborn child except for those which are done to protect the mother.

Abortion is a tough decision that a lot of women have to make. Morally I feel it is wrong and horrible but I cannot say if I was to become pregnant at a time where I was not ready emotionally, financially or mentally I would not choose to receive an abortion. It is the woman?s right to choose and I feel this case made that clear. Abortion is also one of a woman?s privacy?s. I think the ruling of this case was good and helped secure woman?s rights because we are the ones having the child. In a time of uncertainty such as this a woman needs choices, good healthy ones such as adoption and abortion not bad ones such as suicide or self-given abortions. Abortion may not protect an unborn child but may protect a living mother. This is such a complex issue that I am not even certain where I stand. I do know though that is one of the most difficult decisions a woman may have to make.


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