Abortion

1. Abortion

2. What are some of the moral issues abortion brings up?

3. How is the issues of abortion and embryonic stem cell research related?

4. Most “extra” embryos are destroyed How does this relate reproductive technologies and the abortion issues?

5. Some Facts 1.5 – 1.8 Million abortion performed each year in the U.S. 11,000 per year after 20 weeks Partial Birth Abortions 3%-5% for rape, incest, life of mother 97-95% for birth control +55,000,000 since Roe v. Wade

6. Roe v. Wade • 1973 • Granted women the right to have an abortion according to the tri-mester system

7. Roe • Norma McCorvey • Unmarried pregnant woman denied an abortion under Texas State Law

8. Wade • Henry Wade • District Attorney of Dallas County

9. Majority Opinion • Justice Harry Blackmun • 7 to 2 Opinion

10. Historical Prologue • For most of the U.S. history • (Signing of Constitution – late 19th Century • Women enjoyed greater freedom to terminate their pregnancy

11. 3 Reasons why this changed in 19th Century • 1. Laws were product of Victorian Morality • 2. Concern for abortion being medical procedure • 3. Interest in protecting potential life

12. Right to Privacy • Constitution does not explicitly mention any right to privacy • Court has recognized right of personal privacy or a guarantee of certain area or zones of privacy

13. Union Pacific R. Co. V. Bostford (1891) • Griswold v. Connecticut (1965) Estelle Griswold Executive Director of the Planned Parenthood League of Connecticut violated Connecticut State law prohibiting issuing contraception

14. 9th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

15. 9th Amendment • Rights not mentioned in Constitution are retained by people

16. 14th Amendment Passed by Congress June 13, 1866. Ratified July 9, 1868.

17. Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

18. Section 2 Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed…

19. “Persons” • Court concluded that the word “persons” in the 14th Amendment does not include the unborn • Court did not determine when life begins

20. 14th Amendment The right of privacy in the 14th Amendment’s concept of personal liberty and restrictions upon state action is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy

21. Right to Privacy • Court concluded that it is NOT ABSOLUTE

22. Tri-mester System

23. First Tri-mester Compelling Point: Legitimate interest in the health of the mother

24. Reasoning • Abortion during this time has lower mortality rate than normal childbirth

25. Who Decides: • Woman & Physician • State can only regulate who and where abortion can be performed

26. Second Tri-mester • Same as First tri-mester

27. Third Tri-mester • Compelling Point: State has legitimate interest in protecting potential life

28. Reasoning • Viability When fetus can survive outside of the mother

29. Who Decides: • Woman & Physician • But state can regulate and even prohibit abortion except for “Health of Woman” concerns

30. Doe v. Bolton 1973 Sandra Cano 22 year old married woman in Georgia living in poverty 9 weeks pregnant Had 3 children

31. 2 placed in foster homes Youngest placed up for adoption Husband recently abandoned her, however they were now reconciled She was living with her parents and their 8 children

32. Abortion Committee of Grady Memorial Hospital in Atlanta denied her request for a therapeutic abortion on the grounds that her situation did not meet their requirements

33. Doe v. Boulton (1973) • Defined “health concerns” As: Physical Emotional Economic Familial

34. Dissenting Opinion • Judge Byron White

35. 3 Concerns • 1. Abortion used as birth control • 2. Abortion used as convenience • 3. Federal Government’s intrusion into State’s Rights

36. Planned Parenthood v. Casey 1992 Shifted from strict “health of the woman concerns” To “not unreasonable restrictions” on abortions

37. The Supreme Court for now has ordered Texas not to enforce a law that had effectively shut down several clinics that provide abortions. The court's order means those clinics can reopen immediately. The restrictions had gone into effect in recent days, but a number of abortion rights supporters then asked the justices to intervene on an emergency basis. The 6-3 order Tuesday from the high court was a setback for the law's backers. A ruling by a federal appeals court earlier this month gave Texas the green light to move forward on the mandate requiring all abortion clinics in the state be "ambulatory surgical centers," regulated under the same standards as hospitals. Another challenged provision would force doctors performing abortions to first obtain admitting privileges at a nearby hospital. Abortion rights groups said 13 reproductive health clinics were forced to immediately close after the court ruling, leaving all but eight still operating. The high court's action would only have temporary effect, until more appeals can be filed on the larger questions of the Texas law's constitutionality. That process may take several months, at least, to resolve at the appeals court level.

38. Current State Laws http://www.guttmacher.org/statecenter/spibs/spib_OAL.pdf

39. Partial Birth Abortions The Partial-Birth Abortion Ban Act of 2003 enacted November 5, 2003, prohibits a form of late-term abortion that the Act calls "partial-birth abortion Under this law, "Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both." The law was enacted in 2003, and in 2007 its constitutionality was upheld by the U.S. Supreme Court, in the case of Gonzales v. Carhart.

40. Conservative Position • John Noonan • New Human Life begins at the moment of conception

41. How do you determine the humanity of a being? • Noonan considers possible answers

42. How about viability? • Problem: • Depends upon current state of technology

43. How about experience? • Embryo experiences • Fetus responsive to touch after 9 weeks • What about amnesia?

44. Sentiments of adults? • Feelings change • Can lead to Discrimination

45. Member of Society ? • Can lead to Racism and Discrimination

46. Noonan argues that this determination must be based upon inalienable human rights • Alienable Rights • Rights that can be taken away from you • Inalienable Rights • Right that can not be taken away from you

47. Noonan also argues: • All moral judgments must be based upon a moral distinction • A real difference in possibilities and probabilities • Example: Murder v. Self Defense

48. The best distinction regarding when a new human life begins is: CONCEPTION

49. Conception • All the genetic material present for new human being • 46 chromosomes

50. Conception • Represents the greatest shift in probabilities and possibilities