Monday, 27 March 2017

Roe V Wade and the 19th Amendment

Roe V Wade

The Supreme Court case of Roe V Wade was one of the most contentious in American history. The case took place in the year 1973 and tackled the issue of abortion. The case was so controversial and divisive that even today there are fears that it will be overturned by Trumps government who are taking a clear anti-abortion pro-life stance. Trump himself has said “That'll happen automatically, in my opinion, because I am putting pro-life justices on the court. I will say this: It will go back to the states, and the states will then make a determination. when quizzed on whether or not he would overturn the landmark case.

The case came about when plaintiff Norma McCorvey, known as Jane Roe in the case, was denied an abortion in Texas. She took her case through the court system and eventually it went up to the Supreme Court as it was a constitutional issue. The Supreme Court voted hugely in favour of McCorveys case with a 7-2 vote. The case led to an extension of the 14th Amendment to include abortion.

Whilst the case won, there have been attempts to overturn it. These include the the 1992 Supreme Court decision, Planned Parenthood of Southeastern Pa. v. Casey. In this case the constitutional right to abortion was challenged, with the aim to make a woman’s choice to have an abortion more thoughtful and informed.

According to a poll by Gallup, in 2014 21% of Americans surveyed believed that abortion should be illegal in all circumstances. Whilst this figure is in the minority by far it is still troubling to those who advocate women’s right to abortion in the United States.
Because of these challenges to abortion there is fear that should abortion be left to the states many would bring out harsh regulations on it. A trend can be noticed in states likely to do so that is regulations on banning abortion post 20 weeks. 19 states have done this and campaigners argue that this is violating Roe v Wade.

This case is extremely important to Women in the United States and has improved their status as American citizens.

19th Amendment
The 19th Amendment was passed on the 18th of August 1920 and in my opinion is one of the most fundamental parts of improving the status of Women in America. The Amendment gave the vote to women in every state in America, regardless of their marriage status.

The battle for suffrage in the United States was hard fought by women and making an amendment to the Constitution is no easy task. There needs to be majority vote of two thirds in both houses of congress and then three quarters of all states need to agree on the decision. The amendment very nearly didn’t go through and one state congressman from Tennessee, Harry Burn, who had previously opposed women’s right to vote changed his mind and voted in Nashville’s house of representatives in favour of the vote. This single vote was enough to mean that Tennessee backed the 19th Amendment and this meant that enough states were in favour of the change.

Although there were efforts before the Amendment at women’s suffrage, such as unmarried women in New Jersey being temporarily granted the vote in 1797, there was not universal consensus allowing for the constitutional right to women’s suffrage.

The Amendment was first attempted to be put through in 1878 but defeated. This is almost ten years after 1869 when women in Wyoming over 21 were granted the vote by their state congress. The right to vote in Wyoming became so important that they are known colloquially as the equality state. This totally opposes the likes of Mississippi who did not ratify the 19th Amendment until the 22nd of March 1984.

The 19th Amendment is in my opinion the most important Amendment for women’s rights as the right to a fair democratic system is crucial in an equal society and is one of the most empowering things a person can have.

Sources:

http://www.gallup.com/poll/170249/split-abortion-pro-choice-pro-life.aspx

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