8.12: Women's Reproductive Rights

Women’s Reproductive Rights

Closely paralleling the drama over the ERA has been the ability of women to control their bodies, particularly in terms of having children. In the pre-industrial age, women had little control over the number of children they were expected to bear. Women in many societies were, to varying degrees, considered the property of their fathers, brothers, and/or husbands. They often had little control over when and/or with whom they had sex, or to whom they were married. Refusing sex could even be very dangerous for married women. The rights of women improved slowly, especially in the 20th century.

A major breakthrough in reproductive rights occurred in the early 1960s when birth control pills became widely available to the American public. The impact on the lives of millions of women is hard to overstate, though it should be noted that in some countries, birth control pills continued to be illegal or unavailable. The right of women to control when to get pregnant and to have a child when they got pregnant was further extended when the US Supreme Court decided in 1973, in the landmark Roe v. Wade decision, that American women could, without much government interference, end a pregnancy during the first three months of pregnancy, but that the government could regulate the conditions under which abortions could be performed after the first trimester. Before Roe v. Wade, abortion was illegal in much of the United States.

Figure : District of Columbia: Large groups of people gather at irregular intervals to make evident their support for women’s’ rights, including reproductive rights. Source: Wikimedia.

Since Roe v. Wade, there have been numerous challenges to it brought before the US Supreme Court, but only technical changes have been made to the federal law since 1973. In many of the social conservative (traditionalist) states, however, a variety of laws have been passed in recent years that, while maintaining the legality of abortion, functionally limit the conditions or locations where women (especially poor women) can go to obtain a safe and legal abortion. Public debate over abortion in the United States has been lengthy and intensive. Supporters and opponents of abortion follow patterns and alliances that frame American politics. Tradition-minded Southern conservatives tend to oppose abortion on religious grounds, and because they think it disrupts changes in well-established family norms. Moral Progressives in states like Massachusetts and California tend to favor the rights of women to choose what to do with their own bodies. Western Libertarians tend to be pro-choice because they find anti-abortion laws an intrusion into personal liberties that they value.

Figure District of Columbia. The March for Life is a large protest rally where "Pro-Life" or "Anti-Abortion" advocates express their desire to overturn Roe v. Wade. Source: Wikimedia

In recent years, significant events have further impacted the landscape of women's reproductive rights. The death of Supreme Court Justice Ruth Bader Ginsburg in 2020 marked a pivotal moment, as Ginsburg was a staunch advocate for gender equality and reproductive rights. Her passing led to the appointment of a more conservative justice, which shifted the balance of the Supreme Court.

This shift culminated in the historic overturning of Roe v. Wade in 2022, a decision that dismantled nearly 50 years of federal protection for abortion rights. The ruling, known as Dobbs v. Jackson Women's Health Organization, returned the authority to regulate abortion to individual states, leading to a patchwork of laws across the country. Many states moved quickly to impose strict abortion bans or severe restrictions, while others enacted laws to protect and expand access to abortion services.

The political fallout from this decision has been profound. In conservative states, access to abortion has been dramatically curtailed, often forcing women to travel long distances to obtain the procedure. This has disproportionately affected poor and marginalized communities. In contrast, states with progressive leadership have strengthened protections for abortion rights, creating sanctuaries for those seeking reproductive healthcare.

The overturning of Roe v. Wade has intensified the already polarized debate over reproductive rights in the United States. Advocates for women's rights and reproductive freedom continue to fight for federal and state-level protections, while opponents celebrate the increased ability to impose restrictions. This legal and political battleground will likely shape the future of women's reproductive rights in America for years to come.