Nika Tarkian Gender Rights, Human Rights, Youth

Let’s Talk Roe v. Wade

Dear Activist,

I generally refrain from discussing controversial topics. In fact, this platform concerns human rights rather than politics, so there has never been a need to merge the two. I find myself here, though, where the line between human rights and political polarization has been blurred. I find myself here, in 2022, where the foundation of women’s rights are in jeopardy. So, let’s talk Roe v. Wade. Let’s dissect what the case truly means and what the future of women in the United States looks like.

What is Roe v. Wade?

In 1970, Jane Roe, a false name to protect the plaintiff’s identity, filed a lawsuit against Henry Wade. Henry Wade was the district attorney of Dallas County, Texas, which was where Roe lived at the time. In filing the lawsuit, she challenged a Texas law that made abortion illegal unless a woman’s life was at risk. According to Oyez, Roe “alleged that the state laws were unconstitutionally vague and abridged her right of personal privacy.” She claimed that those rights were protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments to the United States Constitution.

Specifically to Roe’s point, the Due Process Clause of the Fourteenth Amendment outlines a right to privacy that protects a woman’s choice to go through with a pregnancy or not. This right, however, is “balanced against the government’s interest in protecting women’s health and the potentiality of human life,” as stated by Oyez. The abortion law in Texas directly went against this right by taking away a woman’s right to choose her fate. The right to decide whether or not she is ready to bear the responsibility of another human life.

In 1973, the United States Supreme Court held a 7-2 ruling that not only invalidated Texas’ abortion law but granted women the right to terminate or follow through with a pregnancy. In other words, the right to have an abortion belongs to the individual rather than the government. The government cannot control liberties that are defined in the Constitution.

Since the Roe v. Wade decision, the Supreme Court has confirmed that the Constitution deems abortion as an essential liberty through other cases. This is also “tied to other liberty rights to make personal decisions about family, relationships, and bodily autonomy,” according to the Center for Reproductive Rights.

Overturning Roe v. Wade

On June 24, 2022, the United States Supreme Court overturned Roe v. Wade. In the case of Dobbs v. Jackson Women’s Health Organization, the Court held that the Constitution does not protect a woman’s right to choose. This not only abandons roughly 50 years of precedent but marks another time in history that the Supreme Court has revoked a fundamental right.

Jackson Women’s Health Organization supplies contraception and abortion access in Mississippi, making it the only abortion provider in the state. Mississippi, however, implemented a 15-week abortion ban, which “threatens abortion providers with severe penalties for providing abortion care after 15 weeks of pregnancy.” In response to the law, Jackson Women’s Health sued Thomas E. Dobbs, the State Health Officer of the Mississippi Department of Health. The clinic and center wanted to ensure that women could continue to have access to abortions after the 15-week mark.

The Court’s decision means that abortions will no longer be accessible to numerous women. The Court’s decision means that the government has taken it upon itself to act on behalf of all women. Justices Alito, Thomas, Gorsuch, Kavanaugh, and Barrett are responsible for sending the women’s rights movement backwards. The time to advocate for our personal liberties is now.

According to NPR, “young women today will come of age with fewer rights than their mothers and grandmothers.” Along with NPR, dissenting Justices Breyer, Sotomayor, and Kagan have also stated their disapproval towards the majority’s decision. In fact, they mentioned that “the Court’s opinion means that from the very moment of fertilization, a woman has no rights to speak of. A state can force her to bring a pregnancy to term even at the steepest personal and familial costs.”

Activate Change

In terms of this reversal’s implications, there are immediate effects that will impact a large portion of women. Some states will work to ban abortion promptly. According to an analysis by the Guttmacher Institute, South Dakota, Kentucky, and Louisiana have laws designed to be implemented soon after the fall of the Roe precedent. Idaho, Texas, and Tennessee have similar laws, which would take effect after 30 days. Those states, specifically, have already deemed abortions illegal after roughly six weeks of pregnancy.

This debate is grounded in having the right to choose. Frankly, I am not against those who want to see a pregnancy through or those who do not believe in abortion. I am, however, against those who force their views onto others. Women should be able to make their own decisions, and that should not spark controversy. It is imperative that we come together to support women and continue advocating for justice, and there are several ways to do so.

  • Continue the conversation. We cannot let the Roe v. Wade reversal be forgotten. It is our responsibility to educate ourselves and our peers, and this issue cannot be lost in the media.
  • Donate to Planned Parenthood. You can also donate directly to the Planned Parenthood Action Fund, which supports the organization’s activities and promotes reproductive health across the United States. You can read about their services here.
  • Share stories and combat the stigma surrounding abortion. Storytelling is the primary means of breaking down stigma, and personal anecdotes go a long way. You can also use #OurAbortionStories to reach a broader audience on social media.
  • The National Abortion Federation works to provide safe, accessible, and affordable abortions to women in the United States. Additionally, they have a hotline for women who need to connect with reproductive healthcare professionals in an urgent matter. You can support this organization here.
  • Donate to the Center for Reproductive Rights, which employs “the power of law to advance reproductive rights as fundamental human rights around the world.” The organization works closely with the United Nations and focuses on policy change. You can support the Center for Reproductive Rights through their website.
  • Support the Rape, Abuse, and Incest National Network (RAINN). RAINN is the largest anti-sexual violence organization in the United States and partners with over 1,000 sexual assault service providers. Through the organization’s website, you can take political action, work, intern, volunteer, donate, start a fundraiser, and more.

This is a crucial period of history, and a landmark decision by the Supreme Court. The time to act is now. The right of the individual should not be jeopardized, and it is our responsibility to push for change. The first step is simply education, and, in reading this article, you are already on the right track. Thank you for your dedication. Thank you for your willingness to better the state of the world. Your voice matters, and it will take all of ours combined to turn the tide.

Cordially,

Nika Tarkian