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- All Subjects: Abortion
- Creators: Nunez-Eddy, Claudia
- 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 the 1962 case Planned Parenthood Committee of Phoenix v. Maricopa County, the Arizona Supreme Court ruled that Arizona Revised Statute 13-213, which banned the public advertising of contraceptive or abortion medication or services, was constitutional. However, the court also ruled that that Arizona Revised Statute 13-213 did not apply to Planned Parenthood's distribution of contraceptive information, allowing Planned Parenthood to continue distributing the information. Following the case, the Arizona law was challenged several times and eventually deemed unconstitutional in the 1973 case State v. New Times INC. The case Planned Parenthood Committee of Phoenix v. Maricopa County established that Planned Parenthood's distribution of medical literature was not advertising as described in the law, and it initiated a decade long discussion about the constitutionality of the laws preventing the distribution of materials related to contraception or abortion.
In the 1972 case Planned Parenthood Center of Tucson, Inc., v. Marks, the Arizona Court of Appeals required the Arizona Superior Court to rehear the case Planned Parenthood Association v. Nelson (1971) and issue a decision on the constitutionality of Arizona's abortion laws. In 1971, the Planned Parenthood Center of Tucson filed the case Planned Parenthood Association v. Nelson asking for the US District Court to rule on the constitutionality of the Arizona Revised Statutes 13-211, 13-212, and 13-213, which made it illegal for anyone to advertise, provide, or receive an abortion. The decision in Planned Parenthood Center of Tucson, Inc., v. Marks forced the Arizona Superior Court to issue a decision on the constitutionality of the Arizona abortion laws, and is one in a series of lawsuits that culminated in the legalization of abortion in Arizona in 1973.
In the 1973 case of Roe v. Wade, the US Supreme Court ruled that laws banning abortion violated the US Constitution. The Texas abortion laws, articles 1191–1194, and 1196 of the Texas penal code, made abortion illegal and criminalized those who performed or facilitated the procedure. Prior to Roe v. Wade, most states heavily regulated or banned abortions. The US Supreme Court decision in Roe v. Wade secured women's rights to terminate pregnancies for any reasons within the first trimester of pregnancy. It also sparked legal discussions of abortion, fetus viability and personhood, and the trimester framework, setting a landmark precedent for future cases including Webster v. Reproductive Health Services (1989), Planned Parenthood v. Casey (1992), and Stenberg v. Carhart (2000).
The Mother's Health Clinic opened in Phoenix, Arizona, in 1937 and provided women in central Arizona with contraception and family planning resources. A group of wealthy philanthropic Phoenix women founded the clinic under the guidance of birth control activist Margaret Sanger. The clinic was the second birth control clinic to open in Arizona and the first to serve the central and northern Arizona residents. In 1942, the clinic affiliated with the national organization Planned Parenthood Federation of America and eventually formed the Planned Parenthood of Central and Northern Arizona. The Mother's Health Clinic provided Arizona women with contraception and family planning at a time when birth control was not widely accepted or available.