Essay about Abortion: Penal Law

Submitted By krogers5
Words: 716
Pages: 3

The debate on abortion and paternal rights has been a big issue in the United States dated back to the early twentieth century. Fathers feel as though their parental right over the fetus before birth is being deprived. The main issue is that society views the fathers as of the lesser group of power when it comes to abortion. Many cases were brought about to the supreme court on the issue of abortion and the rights of the woman rather than the man. In 1972, the case of Roe vs. Wade was argued before the Supreme Court. The state of Texas had in effect statues that prohibited women from obtaining an abortion, only in the occasion that the pregnancy was a harm to the mother. Jane Roe, on behalf of a women, sued the state for label abortions a crime when there was no health factor. How can a state prevent a women from obtaining an abortion? This violates her Fourth Amendment Right of Due Process Clause.. However their were some restrictions where a pregnancy can be prohibited from abortion. Roe argued the term of fetal viability. This is the stage in which a fetus can live outside the womb. The Supreme Court later found these statues as unconstitutional because it invades the privacy of the women. Roe vs. Wade was a famous case on abortion that caused a national debate as well as other cases. In 1992, the case of Planned Parenthood vs. Casey was argued under Roe vs. Wade. A Pennsylvania law enforced several statues on women that were seeking abortion. The constitutionality of these statues were questioned. One of the statues were that married women were to have spousal consent before having an abortion. The Supreme Court deemed this as unconstitutional because it created a burden on all married women and violates her Fourteenth Amendment rights. After looking into these cases the reader begins to realize that women are of the higher group of power when it comes to the subject of abortion. Where role do the men play, when debating whether the fetus should live or die? Technically men do not have any role in abortion in the United States. As a male myself this is unfair and a form of sexual discrimination. Many men movements see no justification is in valuing maternal over paternal rights when it comes to the life of a fetus. Supporters of the Justified Fathers Rights deem it unreasonable that a man should have no say in abortion. For example a parenting authority, Armin Brott, stated “A woman can legally deprive a man of his right to become a parent or force him to become one against his will.” I