ROE - v - WADE
1973
ROE VS WADE DECISION
Here are the FACTS about the Court decision.
The Supreme Court ruled:
- that human offspring are not persons "in the whole sense" at any
time before birth. (The Court did not even tell us when we become
"persons" - just that unborn children cannot be considered
"persons".)
- that during the first 3 months of pregnancy, a state may make no
laws regulating abortion, except perhaps, if they wish to provide
that abortions must be done by licensed physicians.
- that after 3 months and until "viability" (which was not
precisely defined but was referred to as being approximately
6 to 6½ months), states could make only abortion laws aimed
at safeguarding the health of the mothers (for example, that
abortions be performed in hospitals, etc}.
- that from viability until the end of pregnancy, states still
cannot prevent an abortion if it is performed "to preserve
the life or health of the mother".
The Court defined "health" to include "all factors - physical, emotional, psychological, familial and the woman's age - relevant to the well-being of the patient." THUS, ABORTION IS AVAILABLE FOR ANY EMOTIONAL OR CONVENIENCE REASON, EVEN DURING THE LAST STAGE OF PREGNANCY.
On July 1, 1976, the Supreme Court extended its original decision and ruled that:
- abortions may be performed on minor daughters without the
knowledge of their parents.
- women (whether married or unmarried) may obtain abortions
without the knowledge or consent of the baby's father.
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