HSM 542 Week 3 Discussion Question 1 Roe v. Wade (graded)
What were the key elements of the court's holding in Roe v. Wade?
Roe v. Wade, 410 U.S. 113 (1973), held that a woman has a right to choose an abortion under the
due process clause of the 14th Amendment. However, this right is not absolute and was limited
by the state's interest in protecting life and health of a woman. This limitation was defined by the
argument of whether the unborn was considered viable[PBS14]. This limited the right of women
to have abortions to the first two trimesters. The key element of this case is the argument of
viability (when is the unborn considered a viable life form or person). This controversy continues
today.
Should the stage of pregnancy determine a woman's right to an abortion?
It would seem logical that viability would determine at what stage an abortion could occur
without risk of killing a sentient life form. However, this argument is filled with assumptions and
issues dealing with when life begins and what defines a living being. As well, the enforcement of
laws that prohibit women from having abortions (no matter what the time limits) are a loss of
autonomy. I am not sure that a stage of pregnancy is the best way to determine viability. There
may be more effective means such as sonogram or MRI technologies which can reveal more
information concerning the start of life. As well, it is difficult to argue that a woman should be
forced to carry a child to term under any law because it takes away from her personal freedom
and reproductive rights.
What are the rights of fathers?
Essentially, Roe vs Wade removed any decision making as far as the birth of a child is
concerned. This is a controversial point because many men feel that if they have no rights in the
decision to have a child than they should at least have the right to reject parenthood and the costs
that come with it, e.g., child support. Currently, fathers do not have any rights in a birth, nor do
they have the right to refuse the cost associated with children[Wen14]. Father’s do have the right
to see children but this right is often overshadowed by the fact that courts heavily favor women
in the right to full custody.
References
McElroy, W. (2014, March 14). Right Cause, Wrong Approach. Retrieved from
http://www.foxnews.com/story/2006/03/14/right-cause-wrong-approach/
PBS. (2014). Roe v. Wade and Beyond. Retrieved from PBS:
http://www.pbs.org/wgbh/pages/frontline/clinic/wars/cases.html
However, this right is not absolute and was limited by the state's interest in protecting life and
health of a woman. This limitation was defined by the argument of whether the unborn was
considered viable (PBS, 2014). This limited the right of women to have abortions to the first two
trimesters. The key element of this case is the argument of viability (when is the unborn
considered a viable life form or person).
This study source was downloaded by 100000801755870 from CourseHero.com on 03-14-2022 09:24:08 GMT -05:00
https://www.coursehero.com/file/17956141/HSM-542-Week-3-DQ-1-Roe-v-Wade/
What were the key elements of the court's holding in Roe v. Wade?
Roe v. Wade, 410 U.S. 113 (1973), held that a woman has a right to choose an abortion under the
due process clause of the 14th Amendment. However, this right is not absolute and was limited
by the state's interest in protecting life and health of a woman. This limitation was defined by the
argument of whether the unborn was considered viable[PBS14]. This limited the right of women
to have abortions to the first two trimesters. The key element of this case is the argument of
viability (when is the unborn considered a viable life form or person). This controversy continues
today.
Should the stage of pregnancy determine a woman's right to an abortion?
It would seem logical that viability would determine at what stage an abortion could occur
without risk of killing a sentient life form. However, this argument is filled with assumptions and
issues dealing with when life begins and what defines a living being. As well, the enforcement of
laws that prohibit women from having abortions (no matter what the time limits) are a loss of
autonomy. I am not sure that a stage of pregnancy is the best way to determine viability. There
may be more effective means such as sonogram or MRI technologies which can reveal more
information concerning the start of life. As well, it is difficult to argue that a woman should be
forced to carry a child to term under any law because it takes away from her personal freedom
and reproductive rights.
What are the rights of fathers?
Essentially, Roe vs Wade removed any decision making as far as the birth of a child is
concerned. This is a controversial point because many men feel that if they have no rights in the
decision to have a child than they should at least have the right to reject parenthood and the costs
that come with it, e.g., child support. Currently, fathers do not have any rights in a birth, nor do
they have the right to refuse the cost associated with children[Wen14]. Father’s do have the right
to see children but this right is often overshadowed by the fact that courts heavily favor women
in the right to full custody.
References
McElroy, W. (2014, March 14). Right Cause, Wrong Approach. Retrieved from
http://www.foxnews.com/story/2006/03/14/right-cause-wrong-approach/
PBS. (2014). Roe v. Wade and Beyond. Retrieved from PBS:
http://www.pbs.org/wgbh/pages/frontline/clinic/wars/cases.html
However, this right is not absolute and was limited by the state's interest in protecting life and
health of a woman. This limitation was defined by the argument of whether the unborn was
considered viable (PBS, 2014). This limited the right of women to have abortions to the first two
trimesters. The key element of this case is the argument of viability (when is the unborn
considered a viable life form or person).
This study source was downloaded by 100000801755870 from CourseHero.com on 03-14-2022 09:24:08 GMT -05:00
https://www.coursehero.com/file/17956141/HSM-542-Week-3-DQ-1-Roe-v-Wade/
