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Abortion has long been a contentious topic, particularly in the United States, where the views of faith leaders and the government on the subject appear to diverge. According to academics, abortion is the practice of removing an embryo from a pregnant woman before she can carry the child to maturity. Abortion can occur spontaneously, also known as a miscarriage, or it can be induced, which is why there have been so many legal changes made regarding it in America as well as the rise of activist organizations. Although the topic of abortion is not new, over time, it has received more focus. During ancient times, abortion was done through the administration of herbs and use of sharp objects to sever the fetus. The conservative nature of matters related to sexuality and the cultural perception of abortion made these procedures secretive out of fear by the victims and those administering abortion for humiliation and discrimination by others.
These techniques have advanced over time to the current medical abortion procedures, which are considered among the safest practices in the health sector. Also, the efforts made by the state and other organisations to legalise abortion, and the constitutional provisions on freedom of speech have motivated people to speak on the topic openly without fear. In the united states, abortion is one of the most highly controversial issues that are at the centre of American politics and the basis of the conflict between those in support and those against the act. This paper explores the topic of abortion in the united states with a look at the conflicting opinions and the intersection between the law, state, and religion on the matter.
Abortion Laws
The topic of abortion has evolved through numerous challenges of wavering controversy in the history of the United States. Since the year 1973, abortion has come under substantial protection from the law which has seen its legalization at all stages of the pregnancy in the states of America. The decision by the supreme court in the case of Roe v Wade which ruled all other legal restrictions to abortion unlawful was based on the right to privacy, which includes termination of pregnancy. In this regard, the states have made amendments to their existing laws on abortion, some of which are similar across some states. For instance, about 40 states expect that the procedure is conducted by a licensed and also a qualified doctor. This includes the health facilities in which the procedure is to be undertaken. Out of the 40 states, approximately 20 require the expertise of a second physician in the process. Some states like Virginia have requirements on parental consent and notification in cases involving young girls under the legal age.
Laws on abortion were first enacted in late 1820, which limited the stage at which a pregnancy could be terminated. Cases of illegal termination of pregnancies were still reported even after the law had legalized the procedure. Before this period, all acts of abortion were unlawful under the provisions of the law of the united states; also, the risk of women losing their lives while undertaking an abortion was relatively high. All states outlawed abortion around the year 1900 with specific exemptions in instances of incest, rape and where the mother’s life was at risk
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The concern over the safety of the life of the mother saw the collaboration from the American medical association, physicians, and legislators to prohibit specific procedures which increased the risk of losing lives. The legalization of abortion can be attributed to the efforts of activist movements like the national abortion rights action league that pushed forth the agenda to allow women to terminate pregnancies. The recent years has seen new developments in legislation aimed at reinforcing existing abortion laws.
Religious Views On Abortion
Religion is one of the institutions in the world that has been at the centre of most conflict witnessed today. Different religious beliefs disagree on several factors; however, their view on the issue of abortion is unanimous. Although abortion is not a spiritual issue, most religious faiths have categorised it as immoral citing scriptural reasons against the termination of pregnancy for any reason whatsoever. Christian teachings place great emphasis on the preservation of human life even that of the unborn child, claiming that life begins as early the first day of the embryo. Most Protestant denominations are against the notion of abortion based on the belief that life is sacred and is not ours to take, thereby equating induced termination of the fetus to murder. There are, however, some Protestants, like the Anglican church which support abortion where the baby exhibits severe disability.
The Catholic faith forbids abortion at any stage of the pregnancy based on the belief that life is not only sacred, but also inviolable. Religions like Buddhism favour abortion under specific circumstances that like where the baby will be developmentally disabled or if the pregnancy has adverse effects on the parent. Other religions against abortion are Islam, Hinduism, and Judaism which view the issue as the ultimate sin. Atheism as a religion is based on fundamental principles of life and therefore opposes abortion for reasons different from those cited by other religious organisations. Atheists believe that abortion is an infringement of fundamental human rights and thus supports the pro-life protest which seeks to fight for the unborn who lack a voice. Religious convictions against abortion have been endorsed by other activist groups against the legalization of abortion alluding it to the increased level of moral deterioration in the American society today. Although most religions oppose abortion, the decision to abort relies on the moral and ethical perception of the individuals involved.
Conflict Between Religion and The Law
In recent years, more activist groups have come out to voice their opinions on the subject that has resulted intensified the current strife regarding abortion. The conflict arises due to the difference in views on what is right or wrong regarding abortion. Some people and especially religious institution condemn abortion which has been regarded as a moral issue for many years. With improved medical care, the reasons against are no longer based on the risk of losing a life, but on the fact that even the unborn child has a right to life. The religious reasons against induced termination of pregnancies have always been the same since the time abortion was legalized in the united states. Those in support of abortion assert that the woman has a right to privacy and to choose, a decision that is backed by the constitution. The laws relating to abortion have all been derived from that single constitutional provision of a woman’s right to privacy. It should be observed that abortions still take place regardless of the religious opinion on the issue; therefore, legalization serves to ensure safer procedures that will protect the lives of women and young girls.
Conclusion
The constitution of the united states provides for the protection of the opinions of all people without discrimination; also, the same law is most concerned with the protection of the wellbeing of all people, in this case, the health of women and the unborn fetus. A woman’s decision to undergo an abortion is protected under the law, and this means the opinions of external forces are irrelevant in the decision-making process. Religious teachings and beliefs play an essential part in a woman’s decision to abort, however, her decision has to be independent of the influence of the state and religion. there are cases of abortion that require the intervention of the law, especially where those undertaking the procedure are below the prescribed legal age
The state through the law and, religious organizations has made their stand on the controversial subject of abortion clear. The endless debate on abortion is a result of the disagreement between the state and religion, with each side justifying their reasons for and against the issue, this places the women seeking to abort at the midst of the conflict. It is essential for the different activist groups and organizations to put aside their opinions and let the woman, with the advice from qualified medical practitioners, decide whether to keep the pregnancy or terminate it
Bibliographies
Armed For Life: The Army Of God And Anti-Abortion Terror In The United States. Choice Reviews Online 49, no. 05 (2012): 49-2968-49-2968.
Barney, Angela. “Finding Common Ground Within The Abortion Debate”. Women’s Reproductive Health 3, no. 1 (2016): 64-66.
Cassady M Pitt. “”Thou Shall Not Kill“: Abortion, Euthanasia, Suicide, And Religious Context”. Journal of Cultural and Religious Studies 2, no. 4 (2014).
Emotional And Psychological Effects On Women After Induced Abortion. International Journal of Science and Research (IJSR) 5, no. 3 (2016): 1785-1788.
Kalantry, Sital. “Replacing Myths With Facts: Sex-Selective Abortion Laws In The United States”. SSRN Electronic Journal (2014).
Medoff, Marshall H. “State Abortion Policies, Targeted Regulation Of Abortion Provider Laws, And Abortion Demand”. Review of Policy Research 27, no. 5 (2010): 577-594.
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