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- All Subjects: Abortion
- Creators: Arizona Board of Regents
- Creators: School of Life Sciences
Abortion is one of the most polarizing moral issues in our society today. This issue divides the country into two separate groups: Pro-choice or Pro-life. Our thesis analyzes published reviewed articles, media articles, policy papers, and perspective, opinion, and commentary pieces to discuss the ethical implications of selective abortion, specifically sex-selective abortion and genetic-selective abortion. Our thesis provides an overview of selective abortion, explores women’s bodily autonomy in the U.S., addresses the complexities of both sex-selective and genetic-selective abortion, and finally evaluates the U.S.’s regulation of selective abortion. Through these topics, we were able to determine the implications selective abortion has on the disabled community and how selective abortion is being used to ban abortion overall in the U.S.
In 2001, the Supreme Court of New Jersey decided a dispute between a divorced couple over cryopreserved preembryos created through in vitro fertilization (IVF) during the coupleÕs marriage. The former wife (J.B.) wanted the preembryos destroyed, while her former husband (M.B.) wanted them to be used for future implantation attempts, such as by an infertile couple. In J.B. v. M.B. (2001), the court declined to force J.B. to become a parent against her will, concluding that doing so would violate state public policy. Instead, the Supreme Court of New Jersey decided that agreements directing the allocation of cryopreserved preembryos will be enforced, unless one party changes his or her mind prior to the preembryosÕ use or destruction. Should a party revoke an earlier decision about the preembryos, New Jersey courts should weigh the partiesÕ interests with special weight given to an individualÕs right to not procreate.
The case of Smith v. Cote (1986) answered two important questions concerning law and childbirth: does the State of New Hampshire recognize a cause of action for what is defined as wrongful birth, and does the State recognize a cause of action for what is classified as wrongful life? In the case of Smith v. Cote, damages were permitted for wrongful birth, but not for the action of wrongful life.
In the 1936 case United States v. One Package of Japanese Pessaries, the US Court of Appeals for the Second Circuit in New York City, New York, confirmed that physicians had the right to distribute contraceptives to patients for medical purposes. In January 1933, US Customs confiscated a package of contraceptives imported from Japan by US physician Hannah Stone. They claimed that the package violated section 305 of the Tariff Act of 1930, which, like the 1873 anti-obscenity Comstock Act, granted the US government authority to seize contraceptive materials imported into the country or sent through the mail. The court ruled that US Customs was not justified in confiscating the package and ordered its return to Stone. United States v. One Package exempted physicians from the restrictions surrounding the distribution of contraceptives and contributed to the subsequent dismantling of the Comstock Act in later court cases.
The Planned Parenthood Committee of Phoenix was established in 1942 to expand Arizona women's access to family planning resources. The Planned Parenthood Committee of Phoenix was formed through the merging of The Mother's Health Clinic in Phoenix, Arizona, with the national Planned Parenthood Federation of America. The clinic was primarily based within the Phoenix Memorial Hospital campus but expanded to other locations in the late 1960s. Until it became Planned Parenthood of Central and Northern Arizona in 1978, the Planned Parenthood Committee of Phoenix provided Arizona women with contraception, initially in the form of diaphragms and spermicide, and later including the birth control pill. It also provided educational information on relationships, sex, contraception, and infertility.
On 26 May 1994, US President Bill Clinton signed the Freedom of Access to Clinic Entrances Act in to law, which federally criminalized acts of obstruction and violence towards reproductive health clinics. The law was a reaction to the increasing violence toward abortion clinics, providers, and patients during the 1990s. That violence included clinic blockades and protests, assaults on physicians and patients, and murders. The Freedom of Access to Clinic Entrances Act established
criminal and civil penalties against people who obstructed or committed violence towards reproductive health clinics, and has supported women's access to safe reproductive healthcare.