The landmark ruling made by the United States Supreme Court in 1973, Roe V Wade, was that United States’ women and their doctors were within their rights to decide on the termination of pregnancy especially at the early stages or what is referred to as the first trimester.
This landmark case had been brought by Roe who was seeking to challenge the then Texas abortion laws that were limiting abortion to be carried out only with an intention of saving life (Maureen H., Steve g., 169).
In 1977,a legislation was passed that was seeking to offer protection to the medics. In this legislation, medics were not necessary under any obligation to conduct an abortion unless it has been established that such an abortion is the last option to saving the woman’s life (Jeffrey L., Shirelle P.66).
In 1985, Texas Abortion Facility Reporting and Licensing Act put some preconditions on the requirements necessary to be filed by the hospitals and health facilities in regard to the patient. They have to give a report on personal details that ranged from age, marital status, state of residence, previous abortion conducted among many others.
In 2003, Texas State passed a legislation that made it mandatory for all medical practitioners performing abortion to inform their patients that abortions expose women to higher risks of developing breast cancer. This law was passed despite the existing opposition disputing any correlation between abortion and breast cancer.
A look at the events and history characterizes abortion in Texas and in the United States paints a picture that is filled with complications. However, much of the legislation and attention to abortion laws have occurred in the last three decades starting with the Roe vs. Wade case. These legislations have been amidst emotional debates with both the opponents and proponents raising their concerns and the moral issues behind these legislations (Lynn D.W., 11).
The Abortion Counseling Law of 2003 requires that medics give their patients a period of 24 hours for them to reflect on the decision they are about to make. It also requires that doctors should offer all materials necessary to aid their patients in making the correct choice, which include the option of adoption. For the minors also they require a written consent from their parents authorizing the performing of the abortion.
The Roe vs. Wade ruling that saw the Supreme Court overturn all prior legislation outlawing abortion, recognized that all women in all the 50 states have a constitutional right to privacy.
The Supreme Court in 1080 also upheld a legislation that restricted the funding of any costs that arise from abortion by the Medicaid. President Bush also signed a legislation in 2003 that outlaws some means and procedures of procuring abortion.
In 2000, the Texas Supreme Court granted a “bypass” to a 17 years old girl who had appealed to challenge a lower court on its decision that she was not old enough to make such a decision on her own. This ruling was faced by protests from the ‘pro-choice’ that saw it as having set a bad precedence to the young girls. ((Lynn D.W., 391).
In regard to the Texas abortion laws, many admit that exist a very thin line between the ‘pro-choice’ and the ‘pro-life’ there excel exists many restrictions on the constitutional provision that may sometimes impede on the right of a woman to privacy. The parental notification law for example is said be impending on a woman’s constitutional right of making her own choice.
Jeffrey Lehman, Shirelle Phelps. West’s Encyclopedia of America Law. Thomson /Gale. 2004; 35
Maureen Harrison, Steve Gilbert. Great Decision Of The U.S Supreme Court. Published & Noble Publishing 2003; 169
Lynn D. Wardle. The Abortion Privacy Doctrine: A Compendium and Critique of Federal Decision W.S 1980; 11
Lynn D. Wardle, Laurence C. Nolan. Fundamental Principles Of Family Law. W.S Hein &Co. 2002; 391