Hello, Everyone!!

The pregnancy and having a divorce and having an abortion is a painful topic and very much
debatable in our society. There has been so much discussion going on about anti-abortion
and the sentiments associated with abortion.
This assignment gives three different scenarios and one agreed-upon decision i.e.
pregnancy, abortion, divorce and father’s right for a say in abortion as he wants a kid. The
agreed-upon decision between partners is divorce. The wife is pregnant wants an abortion as
she has her future plan and she is getting a divorce. The scenario presented is so critical, let
me draw your attention towards previous supreme court case Planned Parenthood vs
Danforth as well as Roe vs Wade.

In the case of Planned Parenthood vs Danforth, the court ruled and reasoned that a
husband’s refusal to consent would in effect veto a woman’s choice to terminate the
pregnancy. While both of the prospective fathers and pregnant women have an interest in the
decision, when the two disagree, only one partner’s position can prevail. According to the
court, since the woman actually carries the pregnancy, “the balance weighs in her favor,”
preventing the husband from vetoing her choice.

As part of the research, let me share the timeline which I came across for the abortion.
● In the late 1850s, the newly established AMA (American Medical Association) began
calling for the criminalization of abortion, partly in an effort to eliminate the doctors’
competitors such as midwives and homeopaths
● In 1869 the Catholic Church banned abortion at any stage of pregnancy.
● In 1873 the Congress passed the Comstock Law (got the name from Anthony
Comstock, who in 1872 went to Washington with anti-obscenity bill drafted by himself
and on March 3, 1873, Congress passed the new law, which was later known as
Comstock Law; the statute defines contraceptives as obscene and illicit, making it a
federal offense to disseminate the birth control through mail or across the state lines).
● In the 1880s abortion was outlawed across most of the country.
● In the 1960s at the time of women’s rights movement, court cases involving
contraceptives laid the groundwork for Roe v. Wade.
● In 1965 the U.S. Supreme Court struck down a law banning the distribution of birth
control to married couples, ruling that the law violated their implied right to privacy
under the U.S. Constitution.
● In 1972 the Supreme Court struck down the law prohibiting the distribution of
contraceptives to unmarried adults.
● In 1970 Hawaii became the first state to legalize abortion, although it applied to the
state’s
residents. In the same year, New York legalized abortion, with no residency
requirements. Alaska and Washington also legalized abortion by 1973.

★ Roe v. Wade case in brief and understanding:

In 1970, a Texas woman named Norma McCorvey (alias Jane Roe), brought a lawsuit
against Henry Wade, Dallas County District Attorney, in a Texas Federal Court; saying she is
a single woman and is pregnant and wanted to terminate the pregnancy. She wanted a safe
procedure of abortion by Doctors in Texas and she is not able to travel outside Texas. And
she is not able to get a legal abortion as her life was not in danger. She said in her petition
that Texas law violated her right to privacy, protected by First, Fourth, Fifth, Ninth, and
Fourteenth Amendments. Roe added that she is suing on behalf of herself and all other
women in the same situation.

Decision/Ruling:
In 7-2 decision, the court held that a woman’s right to an abortion was protected by her right
to privacy under the Fourteenth Amendment. This decision allowed a woman to decide
whether to keep or abort the fetus/unborn child during the first trimester.

Trimester Concept:
● During the first trimester, an abortion was safer for the mother than childbirth.
● During the Second Trimester, laws could regulate abortion only to protect the health
of the mother.
● During Third Trimester, where the unborn child was viable; able to live on its own
outside the mother’s womb; the law could prohibit or restrict abortions except in cases
where it was necessary to preserve the mother’s health.

In 1992, there was another case i.e. Planned Parenthood of Southeastern Pennsylvania v.
Casey, wherein 5-4 decision was made, the Court again reaffirmed Roe, but it upheld most of
the Pennsylvania Provisions. There were five provisions/ primary issues, which were
informed consent (required Doctors to explain the health risks of an abortion), spousal
notification (required the spouse to be notified), parental consent (if it is minor who is having
an abortion), 24 hour waiting period for abortion, and reporting requirement imposed on the
doctor of the clinic undertaking the procedure. The court only denied the spousal notification
saying it is unconstitutional and it violates woman’s privacy. All other provisions were upheld.

1.) On April 18, 2007, Gonzalez v. Carhart case, in 5-4 decision vote, Congress ban on
partial-birth abortion was not unconstitutionally vague and did not impose an undue burden
on the right to an abortion.
2.) On June 27, 2016, Whole Woman’s Health v. Hellerstedt case; U.S. Supreme court
issued a historic decision striking down a Texas law designed to shut down most of the
state’s abortion clinic with medically unnecessary restriction preventing the women get an
abortion and violating their rights.

So, based on the above cases and the historic decisions; I would like to answer the question
posed in the assignment about the late-term abortion and the baby may be viable at this time
as well as parent he has equal say in the minor’s case.
In the above scenario, if we consider that the pregnancy has passed the given time frame i.e.
the third trimester period and as mentioned the fetus is viable then as per the regulations in
the State of Maine (June 1, 2019; States with Gestational Limits for Abortion), the termination
of pregnancy is not allowed, because it has been said that fetus is viable means it can live
outside the mother’s womb on its own. Later term termination of pregnancy is only allowed if
it threatens a woman’s life and health.
To answer the question about the legal or ethical say for father to block the abortion? There
is no law where a father can interfere and stop abortion. He has no say, in this matter. The
abortion regulations and rules are governed by the respective states. And only they are the
ones who can deny the termination of pregnancy. As of now, the United States has 43 states
which prohibit some abortions after a certain point in pregnancy.

Location State prohibits Threshold for Later- Later term abortion

abortion term abortion permitted when
after a certain point in pregnancy threatens
Pregnancy Woman:

Maine Yes Fetal viability Life and health

(The above quotation is from, States with Gestational Limits for Abortion; June 1, 2019)

To conclude, the father has no right to go to the court and block the abortion; as there is no
law where a father can approach the court and block the abortion, in spite of fetal being
viable. The term, “late-term abortion” is confusing to many people including the medical
practitioners, so they try to avoid this word. As mentioned in one of the articles by
Washington Post, “late-term” has no precise or medical definition as it is misleading and
imprecise. Doctors and scientists say late-term may imply that these abortions are taking
place when a woman has reached or passed a full-term pregnancy, which is defined as
starting in the 37 the week. Hence, to sum up, I would say that it is up to the state, to
forbid/prohibit the pregnancy as they are going to evaluate whether women are past the
stage of termination of pregnancy or not. In this case, as fetal is viable and woman poses no
threat to herself while delivering the baby, she will be prohibited to have an abortion in the
State of Maine.

References:
FindLaw’s Team; Fathers’ Rights and Abortion; Retrieved from
https://family.findlaw.com/paternity/fathers-rights-and-abortion.html

American Experience Article; Anthony Comstock’s Chastity Law; Retrieved from

https://www.pbs.org/wgbh/americanexperience/features/pill-anthony-comstocks-chastity-laws
/
Article Roe V. Wade, Histroy.com Editors, July 27, 2019; Retrieved from
https://www.history.com/this-day-in-history/roe-v-wade​.

Oyez Article; Gonzalez v. Carhart April 18, 2007; Retrieved from

https://www.oyez.org/cases/2006/05-380​.

States with Gestational Limits for Abortion, June 1, 2019;Retrieved from

https://www.kff.org/womens-health-policy/state-indicator/gestational-limit-
abortions/?currentTimeframe=0&selectedDistributions=state-prohibits-some-abortions-a
fter-a-certain-point-in-pregnancy--threshold-for-later-term-abortions--later-term-abortion-perm
itted-when-pregnancy-threatens-womans&sortModel=%7B%22colId%22:%22State%20
Prohibits%20Some%20Abortions%20After%20a%20Certain%20Point%20in%20Pregnancy
%22,%22sort%22:%22asc%22%7D

Oyez; Planned Parenthood of Southeastern Pennsylvania v. Casey; Retrieved from

https://www.oyez.org/cases/1991/91-744

Center for Reproductive Rights, June 28, 2019; Whole Woman’s Health v. Hellerstedt;
Retrieved from
https://reproductiverights.org/case/whole-womans-health-v-hellerstedt

Ariana Eunjung Cha, Feb 6, 2019; Washington Post; Retrieved from

https://www.washingtonpost.com/us-policy/2019/02/06/tough-questions-answers-late-term-ab
ortions-law-women-who-get-them/