The Battle Between Legality and Morality: An Abortion Dilemma

One of the most controversial topics over the years, and still today, is abortion. Is abortion murder or not? When does a fetus become a human? There are no answers to these questions. Everyone individual has their own beliefs on whether or not abortion is justifiable. Abortions have been performed throughout many of centuries. Recently, there has been a number of court cases that has changed the legality of abortions, especially in the United States, for example Roe v. Wade. Even religions have changed their views on abortions over the course of the years. In the abortions wars there are two parties, pro-life and pro-choice. Pro-life believes that abortion is murder and is completely immoral. Pro-choice,

The issue of Abortions has been a controversy for years now. There are two main groups for this problem, Pro-Life, and Pro-Choice. Pro-Life supports the human rights of life should be embraced, by religion and ethics. Pro-choice is when someone wants to make this choice without no remorse of human life, but because someone wants no part of it raising one.

One of the most frequently debated topics in bioethics is the morality of abortion, or the ending of a pregnancy without physically giving birth to an infant. Often times abortions are categorized into either spontaneous, a natural miscarriage; induced or intentional, which is premeditated and for any reason; or therapeutic, which albeit intentional, its sole purpose is to save the mother’s life. It seems however that moral conflicts on issue mainly arise when discussing induced abortions. In general, people universally agree it is morally wrong to kill an innocent person and in some people’s eyes induced abortions are the intentional killings of innocent persons, thus making them immoral. However not all individuals view fetuses as persons and consequentially argue it is not morally wrong to kill them.

Abortion, the “early ending of a pregnancy” (“Abortion - Topic Overview” 1), was and remains a controversial topic all across the world. Most states, such as Texas, had made abortions illegal. However, Norma L. McCorvey was a Texas resident with an unwanted pregnancy. “At the time, Texas law only allowed for abortion in cases of rape, incest, or to save the life of the mother” (“On This Day” 1). With this, McCorvey was forced to give birth to a child she truthfully did not want; she could not afford to travel to a state where abortion was legal. Therefore, McCorvey, using the alias Jane Roe, sued a man named Henry Wade, a Dallas County State Attorney, who enforced the law of abortion.

Before researching on abortion issues, I never imagined it to be such controversial and debatable case because the problem arises from the very early stages of analyzing what administrative ethics would answer. I became overwhelmed to start because my mind became blurred on legality and ethics of abortion as early as defining administrative ethics: “well-based standards of right and wrong prescribing what public administrators ought to do in terms of duty to public service, principles, virtues, and benefits to society”. Ethics triangle is grounded on duties in the center with principles, virtues, and benefits to society augmenting it. Duties of public administrator involves those ‘obligations taken on while assuming a position’. They might

Alternatively, McCorvey’s friends encouragingly suggested she lie and say that her pregnancy was the result of her being raped. McCorvey was not able to provide evidence of which would prove her claim of rape to be true so she was not granted the right to abort her fetus. She then was left with a limitation of options, one being an illegal abortion clinic that she soon found out had been shut down by the police, and the other option being an old abandoned building where McCorvey stated "dirty instruments were scattered around the room, and there was dried blood on the floor.” McCorvey believed it was against the constitutional rights of american citizens to restrict the rights of abortion. These restricting laws were believes by many women to trap them into unfavorable alternatives such as self abortion or abortions performed by unlicensed beings with unsanitary surroundings and equipment. Desperate, McCorvey agreed to participate in a lawsuit against Henry Wade in efforts to make a difference for women around the world with the hopes of retaining her anonymity. An article on encyclopedia.com concerning the Roe v Wade case and it’s background states, “McCorvey chose to remain anonymous for several reasons: she feared publicity would hurt her five-year-old daughter, her parents were against abortion, and she had lied about being raped” (p.9) thus Norma McCorvey was known as Jane Roe in the now infamous case of as Roe v.

There are many common pregnancy alternatives, but most often the resulting decision is abortion because it is effortless. Abortion is endings a women’s pregnancy by removing or forcing a fetus or embryo from the mother’s womb before it is able to survive on its own. Not all abortions are purposely done some are spontaneous like when a women that has a miscarriage. Rather abortion is done purposely or naturally it is a worldwide complication as to it being wrong or right. Abortion is an ethical issue that will be analyzed according to a personal worldview and Christian worldview. Ethical thinking will be examined by value-based decisions that address abortion from the perspective of a Christian worldview and comparing it to a personal assumption by addressing ethical dilemma, core beliefs, resolution, evaluation, and comparison.

In this essay, the morality of the abortion of a fetus will be discussed in a drama involving a married couple named Deb and Derek (Smolkin, Bourgeois & Findler, 2010). For clarification purposes, we must first define the topic of this discussion; abortion is defined as the act in which a female voluntarily terminates her pregnancy where this act is legally permitted (Warren, 1973). Deb who is 16 weeks pregnant discovers that the fetus she is carrying will most likely be born mentally challenged (Smolkin et al., 2010). As the drama unfolds, the couple ponders the negative impact this child will have on their business, marriage as well as the quality of life that their child will experience if it is carried to term (Smolkin

Norma McCorvey was the name she was born with, but to America and to the world she was Jane Roe, a pseudonym for a woman who made abortion legal is all 50 states. Jane Roe was a young, single woman living in Dallas County, Texas, who wanted her pregnancy terminated. However, the state of Texas could not legally allow her an abortion because it wasn’t a life or death situation; a law that had been in place since 1854. Roe, bringing this to the supreme court, argued that this law prohibiting the termination of her pregnancy was a violation of her privacy rights. In the end, Roe was able to overturn this 200 year old standing law and legalize abortion nationwide - but more importantly, this court case’s controversial nature made an impact in

Norma McCorvey was a young woman who had dropped out of high school, divorced from her husband, and was raising her five year old daughter with very little money. She tried to obtain an abortion but was unable to under Texas law in 1969. At the time, Texas did not allow women to have abortions unless the mother’s life was in danger. McCorvey had no choice but to carry the baby full term and give up the baby she wanted to abort. Her lawyer also introduced her to two recent graduates of the University of Texas Law School, Sarah Weddington and Linda Coffee. The three women decided to challenge the constitutionality of Texas’s law and McCorvey became “Jane Roe” in a test case against Henry Wade, the criminal district attorney for Dallas County, Texas. Wade appealed to the Supreme Court the decision of a three-judge federal district court striking down Texas’s law. Justice Blackmun finally handed down the Court’s opinion on January 23, 1973. The Court’s decision was seven to two, and the majority’s opinion was announced by Justice Blackmun. Chief Justice Burger and Justices Douglas and Stewart concurred; Justices Rehnquist and White dissented.

Summary of Facts: Norma Leah McCorvey (Jane Roe), was a girl plagued with a series of unfortunate events throughout her childhood and adolescence. She became pregnant due to what she claimed was rape. McCorvey wanted to get an abortion, but was not able to prove that she was raped. Norma McCovey sued Dallas County on the grounds that the abortion laws in the state of Texas is unconstitutional (Roe v Wade. encyclopedia.com).

An 18 year old girl gets pregnant and can’t decide whether to keep the baby or have an abortion. Her parents are very religious and do not believe in sex before marriage therefore would not take to kindly to their daughter being pregnant.

Abortion is the termination of pregnancy before birth, resulting in, or accompanied by the death of the fetus. ("Abortion," Encarta 98). In 1973, the U.S. Supreme Court decision, Roe v. Wade, dramatically changed the legal landscape of American abortion law. The result of the ruling required abortion to be legal for any woman; regardless of her age and for any reason during the first seven months of pregnancy, and for almost any reason after that. ("Status of Abortion in America"). In the Roe v. Wade case, Roe (Norma McCorvey), had claimed she was gang raped and attempted to have an abortion in Texas. ("Roe and Doe"). After hearing the case, the Supreme Court ruled that an American’s right to privacy included the right of a woman whether or not to have children, and the right of a woman and her doctor to make that decision without state interference, at least in the first trimester of pregnancy. ("Celebrating 25 Years of Reproductive Choice"). The moral issue of abortion—whether or not it is murder—has been debated since it was legalized in 1973. Roe v. Wade has been one of the most controversial Supreme Court decisions of the 20th century. ("Roe No More"). More than two decades since the Supreme Court first upheld a woman’s right to abortion, the debate over the morality and legality of induced abortion continues in the United States. ("Abortion," Encarta 98). Abortion is one of the most divisive and emotional issues facing United States policy makers today. ("Economics of

“On the Moral and Legal Status of Abortion”, an essay written by Mary Anne Warren, defend abortion in any stage of a woman’s pregnancy (pg 468). Warren argues that the potential to become a human being is not the same as being human and deserving the same right to life (pg. 468-472). This essay asserts that in order to be human, one must possess five particular traits (pg. 470). These trait are consciousness, reasoning, self-motivated activity, the ability to communicate, and awareness of oneself (pg. 470). Warren claims that since a fetus has not yet acquired all of the traits, then that fetus is not human and therefore does not have the right to life (pg. 470).

Abortion is wrong because it is the murder of a human being. Abortion continues to be a moral and ethical dilemma for all those involved. The American Nurses Association (ANA) Code of Ethics states, “nurses have the ethical and moral obligation to promote and protect life.” Still, debates continue, opposing the belief of life against the principle of autonomy and a woman’s right to regulate her body. It is disputable that the right to have an abortion is a right to dominate one’s body, but the death of the fetus is an inevitable result of the termination of that pregnancy (Religious studies online, n.d.). One million two hundred thousand abortions are done yearly in the United States from weeks 9 to 21+ of gestation (Pro Life Action League). Nevertheless, nurses, no matter how caring and compassionate, their individual education, culture, religion, past, gender and even age will influence the care that is given to their patients (British Journal of Nursing, 2015, p. 345). With that, if a nurse assists with the procedure of abortion, is he or she going against the Code of Ethics for Nurses? No matter if the nurse assists with the abortion or not certain rules for privacy must be followed. The Health Insurance Portability and Accountability Act (HIPPA) Privacy Rule protects the patients’ health information, even those experiencing unwanted pregnancies (Simmonds & Likis, 2011, p. 794).