In the United States, English common law did not stand until Connecticut established the first abortion law in 1821. It is from these English statutory laws that the idea of criminalizing abortions unless the life of the mother is at stake first arose. Abortion for the protection of the life of the mother had been law in England since 1803, with harsh penalties for aborting a fetus that was viable or “quick.” While this law did not last, it was eventually recreated in 1861 and lasted until 1967. Wade pressured the Supreme Court and divided much of the public, questioning the law and equality of choice for women.Ībortion laws had only been enacted throughout America during the later half of the nineteenth century, but the history of criminalizing abortions runs longer than that. However, most states had adopted strict laws against abortion, only making it available to women whose lives were in danger without it. Feminism and the sexual revolution combined to shift public opinion toward legalizing abortion as an equality standard. Timeline 1ĭuring the 1960’s to the 1970’s, a new morality began to spread throughout America. Wade was later changed to the viability test in the case Planned Parenthood v. The trimester test that the Court designed in Roe v. The Court’s ruling is still seen as the landmark case that solidified the basic rights to privacy and choice for women that were not explicitly protected before this case. Supreme Court voted 7-2, in favor of Jane Roe. Wade divided the nation between ethics and faiths. In light of the sexual revolution during this time, Roe v. Wade was a Supreme Court case that expanded the “right to privacy” and determined that women have protected constitutional rights to make their own decisions regarding their pregnancy.
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