January 29 marked an important day in the history of reproductive rights for women, as well as for women’s rights in general. It marked the 37th anniversary of the Supreme Court’s decision in the landmark case Rose v. Wade. The court’s decision passed by a seven to two majority, deeming abortion a fundamental right under the United States Constitution and subjecting all laws attempting to restrict it to a strict standard of scrutiny.
Ever since this ruling, Roe v. Wade has been a constant source of debate. There have been many attempts to reverse te ruling the 37 years since it has passed. The law, along with reproductive rights in general have been twisted and tested in those years as well.
In 1976 the Hyde Amendment passed into law, which prohibited the use of any Medicaid funds to cover abortions. Abortions were still legal, but they could not be paid for by any government-funded system.
One of the biggest issues that has continued to evolve and varies from state to state is at what point in a pregnancy can a woman have an abortion. In the 1992 case Planned Parenthood v. Casey, the U.S. Supreme Court overturned the trimester framework in Roe v. Wade. This made it legal for states to prohibit abortions after the point of fetal viability, except in instances that would risk the woman's health.
The issue of trimester framework continued into 2003 when the Partial-Birth Abortion Ban Act was signed into law by President George W. Bush. Despite being challenged in three appeals courts in 2007, the Supreme Court upheld the ban.
Last spring the country showed how sensitive they were to the issue of Roe v. Wade and late term abortions when Dr. George Tiller, one of the few doctors who performed the procedure, was shot outside his church on Sunday morning. Soon after some states passed laws saying that women attempting to have an abortion would be forced to have an ultrasound and hear the heartbeat first.
Ohio even attempted to pass a law that would force women to obtain permission from the father before having an abortion.
In the 37 years since the passing of Roe v. Wade, especially in recent years the debate regarding the legality of a women’s right to choose has continued to be one of the most debated topics in the country. And though attempts have been made time and time again, none have succeeded in reversing the decision.
