로우 케이스 사십년 평가와 전망: 여성의 재생산권 확장의 도정에서
The 40-Year-Old Roe v. Wade Review: In the Way of Extending Reproductive Rights
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For four decades Roe v. Wade has signified and marked the first proto-liberal prochoice decision in American abortion history. It says women’s right to abortion depends on their right to privacy, which is constitutionally fundamental to every individual. Its key spirit of the case for prochoice, though with some changes, still remains in the historically significant decisions such as Webster v. Reproductive Health Services and Planned Parenthood of Southeastern Pennsylvania v. Casey. The Roe case has shown three noteworthy transitional features in view of the nature of contemporary abortion controversy. First, Roe suggests that when a woman weighs her options for abortion she can consider her sociological right to life in comparison with her fetus’s biological right to life. This aspect represents that the issue of abortion mainly concerns the pregnant woman’s sociological right to life thereafter. Secondly, as many feminist scholars maintain, a woman’s right to privacy in Roe should be understood as a woman’s right to autonomy more. In a society with prevalent sexist prejudice and bias, women’s right to abortion cannot be genuinely accomplished unless gender equality can be guaranteed at the same time. Women deserve equal protection under the law, i.e., a right to abortion. Thirdly, the right to privacy implicitly necessitates state neutrality. If state represents either prolife or prochoice publicly, and further compels people to respect either one, women are not allowed to have their own view on such personal problems. That is irrational and furthermore unconstitutional. Then what will be the next chapter for abortion rights controversy? The Supreme Court’s decision from 1973 (which is still in effect) can be overruled at any point. However, from the point of view of the United States Constitution, which intends to protect a right to privacy under the due process clause of the 14th amendment, the pro-choice decision of Roe v. Wade will continue the legacy of its all-important meaning of women’s rights.
Abstract
For four decades Roe v. Wade has signified and marked the first proto-liberal prochoice decision in American abortion history. It says women’s right to abortion depends on their right to privacy, which is constitutionally fundamental to every individual. Its key spirit of the case for prochoice, though with some changes, still remains in the historically significant decisions such as Webster v. Reproductive Health Services and Planned Parenthood of Southeastern Pennsylvania v. Casey. The Roe case has shown three noteworthy transitional features in view of the nature of contemporary abortion controversy. First, Roe suggests that when a woman weighs her options for abortion she can consider her sociological right to life in comparison with her fetus’s biological right to life. This aspect represents that the issue of abortion mainly concerns the pregnant woman’s sociological right to life thereafter. Secondly, as many feminist scholars maintain, a woman’s right to privacy in Roe should be understood as a woman’s right to autonomy more. In a society with prevalent sexist prejudice and bias, women’s right to abortion cannot be genuinely accomplished unless gender equality can be guaranteed at the same time. Women deserve equal protection under the law, i.e., a right to abortion. Thirdly, the right to privacy implicitly necessitates state neutrality. If state represents either prolife or prochoice publicly, and further compels people to respect either one, women are not allowed to have their own view on such personal problems. That is irrational and furthermore unconstitutional. Then what will be the next chapter for abortion rights controversy? The Supreme Court’s decision from 1973 (which is still in effect) can be overruled at any point. However, from the point of view of the United States Constitution, which intends to protect a right to privacy under the due process clause of the 14th amendment, the pro-choice decision of Roe v. Wade will continue the legacy of its all-important meaning of women’s rights.
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