History Of Abortion: The Right To Privacy

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The long standing, well-established constitutional right to privacy places limits on the government’s ability to intervine most basic personal decision, such as; the decision regarding to bear children. The right to abortion was first recognized four decades ago, when the Supreme Court has repeatedly reaffirmed its central holding, yet the fundamental constitutional right under ever-increasing attack. In the early 1960s, the practice of abortion was prohibited by criminal law thorughout the United States, but the forces that would prompt to change had begun to appear. Illegal abortions were widespread and often dangerous for women who undertook them because they were performed in unsanitary conditions. Abortion had been outlawed for at least…show more content…
However, the Supreme Court has acknowledged some rights to privacy. In earlier rulings about privacy, the Supreme Court seemed to connect the right to privacy to location, with a particular emphasis on a person’s home, such as; notions of property rights and centered on personal property. In the mid of 19s century, the Court’s position on privacy came to be viewed as a right which is connected to a personal matter, not to a location. The change in conceptions of privacy can be assesed clearly in the landmark decision of Griswold v. Connecticut (1965). The Supreme Court ruled that a Connecticut statute outlawing access to contraception violated the U.S. Constitution because it invaded the privacy of married couples to make decisions about their families. In the 1973 landmark case Roe v. Wade, the Supreme Court applied their core constitutional principle of privacy and liberty to a woman’s ability to terminate a…show more content…
The Court declared a clear explanation that women have a basic right to privacy which protected by the Due Process Clause of the Fourteenth amendment, every woman has a fundamental right, by all means that governmental attempts to interfere with the right are subject to strict scrutiny. Roe contested the statute on the grounds that it violated the Fourteenth Amendment mandating equal protection of the laws and the guarantee of personal liberty, and a mother’s right to privacy implicitly guaranteed in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. The Court ruled that during the first until the second trisemester of pregnancy, a woman has an absolute right to an abortion and the government cannot intervine that right but in the second trisemester, the state has an interest in protecting the women’s health in which the government could not ban abortion. Thus, they can protect the women’s health by requiring physicians and clinic to meet certain standard to perform abortions. In the third semester of pregnancy, the Court decided that the state has a right to protect the life of the unborn if it so schooses. Since the unborn child is viable, meaning that the child have capability to survive outside the womb, the state’s right to protect the unborn is now more important than the women’s riht to have an abortion. Therefore, in the
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