The Power of Choice
By Siyona Bordia
The course of one’s life is decided by the choices one makes, and those choices should not be restricted by a document or person of authority. The ratification of the US Constitution in 1787 represents a monumental shift in history, defining independence and choice for years to come. However, this document still has flaws that are increasingly apparent in the contemporary world. Specifically, it lacks an amendment on abortion rights, an issue that continues to spark global debate. In the 1600s, abortion was commonplace, but it was banned in the 1880s, again legalized following the 1973 Roe v. Wade case, and finally banned after the case’s overturning in 2022. Abortion rights over multiple centuries continued through the belief in the preservation of life as well as unsafe access to abortion and were changed by the advancements of women’s rights and their voices in society.
The belief in preserving life has persisted from the past to the present day. Starting in the 1600s, abortion was frequently practiced among tribal groups. These groups, however, used a term called “quickening,” which referred to the first movement of the fetus; abortion was only legal if it was performed prior to quickening. This regulation in the early tribal groups sparked the idea of the preservation of fetal life. Following the development of the English colonies, the American Medical Association (AMA) formed in 1847, in which doctors congregated to become the male-dominated authority on medical practices. The AMA launched a full-fledged criminalization case against abortion, spreading conservative views and explaining the importance of protecting the fetus under all costs. In continuation with the 1800s, in the contemporary world, the belief of preserving the life of the fetus over the woman’s choice is often demonstrated by the term “pro-lifers”. Generally, this term describes people who are mainly concerned with fetal life, rather than autonomous choices. For example, thousands of “pro-lifers” gather in a March for Life every year to protest what some describe as “the killing of the unborn” (Washington Post). From the past to the present, America’s society continues to prioritize the preservation of life.
The criminalization of abortion and restriction of its access became the norm for over a century, leading to the prevalence of unsafe abortions. As abortion became criminalized, its stigma also grew. Soon, abortion bans were instated nationwide in the early 1900s, sending the practice underground and resulting in a higher maternal death toll. Many women made the choice to fake a miscarriage, perform an abortion on themselves, or seek an abortion from untrained doctors. This type of illegal abortion was the cause of death for nearly three-thousand women in 1931, almost one-fifth of recorded maternal deaths that year. However, the case of Roe vs. Wade and its overturning played a major role in the world’s access to abortion. In the Roe vs. Wade case, a young woman filed a lawsuit against Henry Wade, the district attorney of Dallas County, arguing that the limited access to abortion was encroaching on pregnant people’s rights to bodily autonomy. She challenged the First, Fourth, Ninth, and Fourteenth Amendments which she believed did not adequately protect her rights to privacy. Jane Roe’s victory was one of the biggest milestones in women’s rights and initiated the legalization of abortion in the late 1970s. Unfortunately, now society is hampered by the Supreme Court’s decision in 2022 to overturn this victory. Women and members of the LGBTQ+ community vehemently fight against this decision, believing that it pushes the United States backward in history and may result in a repeat of unsafe/limited access to abortion. For example, six states have already illegalized an abortion pill called mifepristone approved in the 2000s, restricting access to what is used for over one-half of abortions in the United States. In addition, the Texas abortion pill ruling (where Senior District Judge Matthew Kacsmaryk’s ruling has suspended the approval of mifepristone), is an unprecedented decision and sets further restrictions on abortion and reproductive rights. These decisions can be potentially dangerous, as surgical abortions are generally more invasive, and the pill mifepristone is often added to the abortion regimen to minimize cramping and is also a necessary medication for the placement of IUDs. From the past to the current day, the dangerous and restricted access to abortion carries on.
Despite the continuation of similar abortion laws over centuries, society has made enormous progress in advocating for abortion rights by giving women voices and jurisdiction. For example, women and minority groups in colonial America could not vote, lost all of their property/other resources in marriage, and were forced to conform to conventional gender norms. In a letter to John Adams, her husband and a founding father, Abigail Adams wrote to “remember the ladies…[to] not put such unlimited power into the hands of the husbands…we will not hold ourselves bound by any laws in which we have no voice or representation” (Document 3.1). Abigail took a step in the right direction, and following her, women gained the right to vote in 1920 and had the Equal Rights Amendment passed in 1972. The perception of women belonging in the house made it difficult for them to establish their voice in society. Therefore, fighting for abortion rights was uncommon in the earlier centuries—but now, many people are protesting against the recent Supreme Court decision. Women raise their voices on every issue: abortion rights, economic empowerment, gender-based violence, education, etc. through rallies, fundraisers, and nonprofit organizations such as the Malala Foundation and Equality Now to ensure that they get what they deserve. Society has grown immensely in the freedom of speech and power given to those who originally never had a voice.
From the 1600s to the current day, abortion debates have continued to prioritize the preservation of life and perpetuate the unsafe/limited access to abortion. Nonetheless, abortion laws have also changed through the timeline of women’s rights, encouraging different minority groups to speak out. In addition, it is crucial to recognize that not only women are affected by the implications of denying personal autonomy; members of the LGBTQ+ community, specifically transgender men or those who identify as non-binary have a personal connection with the issue. The abortion debate attacks a very important comparison—the right of choice and the fetus’s life. The “pro-choice” side of the debate argues that because it is the person’s body, it is also their choice, while critics contend that the fetus deserves to live no matter what. The United States Constitution is in need of modification to keep pace with the increasingly relevant issues of abortion and bodily autonomy. There will always be clashing opinions, but change can only be made through finding a holistic, common ground.
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