This whole Roe vs. Wade case being overturned this past year makes me wonder: is this a case about being “pro-life” or is it about controlling women? This may have taken place in 2022, but these patterns of controlling women have been around for centuries. In particular, the Comstock Act of 1873 denied women the right to learn about their bodies, an act that was signed into law by men. The vagueness of the act contributed to the control that this act had on women, as there is no fine line of what is considered “obscene, lewd, lascivious, immoral, or indecent.” As the 20th century rolled around, there were further examples of women being controlled and treated unfairly in comparison to men, as seen in the cases of Buck vs Bell and Skinner vs Oklahoma. All Carrie Buck did “wrong” in Buck vs Bell was have a child out of wedlock, while Skinner convicted three felonies. While neither should have the punishment of sterilization, as I think all humans have a right to have children and that is not something the government should get to decide, Buck did not even do anything morally wrong. Still, in Buck’s case the court ruled that the state has the right to sterilize, while in the case of Skinner, where actual moral felonies were committed, the court ruled that states did not have a right to sterilize. While the nearly 20 year time difference between the two cases may have also impacted the court’s decision, there is no denying the facts: in the case involving the woman, the court ruled that states can have power over people’s reproductive health, while in the case involving the man, the court ruled that the state’s don’t have power over people’s reproductive health.
After several cases throughout the 20th century involving women and their right to privacy, finally comes the landmark case that we all know and love: Roe vs. Wade. Finally, women and their right to abortion are no longer controlled by the government and free to do with their body what they choose. Yet, nearly 50 years later, this right is put into jeopardy once again. As the Supreme Court reopened the case of Roe vs. Wade this past year, their main arguments for why abortion is not a right to privacy is that it is not specifically stated in any of the amendments, particularly the Fourteenth Amendment, and that a fetus is a life which must be protected. Yet, as the text we read states, “no case could be cited that holds that a fetus is a person within the meaning of the Fourteenth Amendment.” The text goes on to say how the Fourteenth Amendment only applies to those that have been born, and that those unborn are not specifically included in the constitution. Therefore, if the Supreme Court wants to get wordy with the amendments and their core meaning, I think they should rethink that. Although this 2022 ruling may have been a step backward for women’s rights, us women just have to be ready to go two steps forward.
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