本文是一篇英语论文，本文以自由主义女性主义有关女性生育自主权的论述为理论指导，以美国女性争取堕胎自由的历程为研究对象，通过分析“罗伊案”裁决和推翻的原因和影响，探究美国女性争取堕胎自由的曲折历程。
CHAPTER I INTRODUCTION
.1.1 Research Background
The abortion issue in the United States has gone through a long and complexprocess ranging from the colonial period to the present.Historically,Americanwomen have made unremitting efforts to fight for the abortion right.As a milestonevictory in the fight for the abortion right for women in the United States,the ruling ofRoe v.Wade recognized the legalization of abortion for women,and to some extentgave American women freedom to abortion.However,on June 24,2022,the U.S.Supreme Court overturned a nearly 50-year-old decision of Roe v.Wade.Thejudgment immediately sparked a global debate about abortion,women’s rights,andthe social status of women.Liberal feminists have advocated for the liberalization anddecriminalization of abortion and women’s bodily autonomy,stating that women havethe right to make their own choices,including whether to give birth or to have anabortion.Influenced by multiple factors such as religion,history,and society,American society once regarded abortion as an illegal act or even a sin.As a nationgreatly influenced by Christianity,religious doctrines play an important role indisciplining Americans’thought and behavior.
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1.2 Research Significance
By applying liberal feminism’s views on abortion as a theoretical framework,this study aims at providing a new perspective for analyzing Roe v.Wade.Liberalfeminism focuses on women’s individual rights,political and religious freedom,andwomen’s right to choose and self-determination.Liberal feminism advocates equalitybetween men and women in society,criticizing the long-held social belief that womenare inherently inferior to men in terms of intelligence or physical ability,and thatbecause of this women are unable to play a large role in the public sphere.Itadvocates that men and women should be given equal opportunities and rights,especially in terms of reproduction,and that women should have the right to controltheir own bodies.A woman’s absolute autonomy over her body means that she is freeto choose whether to have a child or an abortion without interference from others,andthis is the main argument of liberal feminism on the abortion issue.Historically,women have long been prohibited from having abortions on their will in American society.With the development of feminism in the 20th century and the gradual rise ofthe women’s movement,more and more people began to realize the deleteriouseffects of laws restricting abortion on women’s rights and status and spoke out to callfor the legality of abortion and to oppose government interference in women’s privatedecisions.More and more social organizations and individuals devoted themselves tothe abortion reform movement.Feminists and abortion reformers from all over theworld joined the movement,either by writing books or by giving speeches,bringingthe abortion reform movement to a climax.In 1973,the Supreme Court’s decision onRoe v.Wade made abortion constitutionally protected,which was a milestone victoryin the struggle for women’s rights.However,the reversal of that decision in 2022makes it even more difficult for American women to fight for abortion rights andrepresents a new challenge and development for feminism.
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CHAPTER II LITERATURE REVIEW
2.1 Studies of Abortion
As an important issue in modern American society,the U.S.government,research institutions,foreign scholars,and social organizations have a keen interest inand a strong sense of responsibility for the abortion controversy.In the book Libertyand sexuality:the right to privacy and the making of Roe v.Wade(2015),the authorDavid J.Garrow traces the political and legal struggles for abortion rights inAmerican society in the decades before Roe v.Wade,including the seminal decisionestablishing a constitutional right to privacy made by the Supreme Court in Griswoldv.Connecticut in 1965.It details the important contributions of reformers who foughtfor the abortion right.The book,Abortion and the Law in America:Roe v.Wade tothe Present(2020),by Mary Ziegler,is a comprehensive legal history of abortion lawin the United States that illuminates an entirely different and unexpected shift in theabortion debate.More than simply defending their rights,opponents have arguedabout the policy costs and benefits of abortion and proposed laws restricting abortion,which have greatly deepened society’s polarization over the issue.Proponents andopponents have never relinquished their constitutional claims,and they have becomeincreasingly divided on basic facts.
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2.2 Studies of Roe V.Wade
Scholars at home and abroad have conducted researches on both the ruling andreversal of Roe v.Wade from several perspectives.Through the analysis,the thesissummarizes the researches into the following two parts and the study in the thesis is asupplement to the current field.
.2.1 Studies of the Ruling of Roe V.Wade
Foreign scholars have analyzed the ruling of Roe v.Wade from both historicaland legal perspectives.Roe v.Wade:The abortion rights controversy in Americanhistory(2021)written by Natalie EH Hull and Peter Charles Hoffer,details thehistorical context of the case and highlights the central issues,key figures,and keyprecedents of Roe v.Wade.The authors place changes in U.S.abortion law in thecontext of macro-social movements and women’s history,survey specific cases andprecedents on abortion in the past and summarize changes in the Court’s basicattitudes,underlining the centrality of Roe v.Wade to the evolution of abortion law.The book emphasizes the jurisprudential basis of the Court’s decision on the case andits influence on subsequent abortion cases such as Webster v.Reproductive HealthServices,and Planned Parenthood v.Casey.The third edition of the book adds twobrand-new chapters on the political and legal battles over abortion during BarackObama’s second term and Donald J.Trump’s first term.The new edition containsdetailed descriptions of two important cases:Whole Woman’s Health v.Hellerstedt(2016)and June Medical Services,LLC v.Russo(2020).These two cases involvedstate laws in Texas and Louisiana,respectively,aimed at restricting abortions byrequiring physicians who perform abortions to hold inpatient privileges at astate-authorized hospital within 30 miles of the abortion clinic.In both cases,theSupreme Court ruled the laws unconstitutional,showing the significant victories forpro-abortionists in the face of an increasingly conservative Supreme Court.
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CHAPTER III THEORETICAL FRAMEWORK................................14
3.1 Liberal Feminist Theory...............................14
3.2 Betty Friedan’s Liberal Feminist Ideas..........................18
CHAPTER IV RULING ON ROE V.WADE:WINNING ABORTION RIGHTS...22
4.1 Reasons for Opposing Abortion in America before Roe V.Wade.................22
4.1.1 Anti-Abortion Traditions in Religion.................................23
4.1.2 The Impact of Common Laws and Abortion Crime..................................24
CHAPTER V REVERSAL OF ROE V.WADE:LOSING ABORTION RIGHTS...39
5.1 Reasons for the Reversal....................................39
5.1.1 Politicization of Abortion.....................................39
5.1.2 Polarization of American Politics........................41
CHAPTER V REVERSAL OF ROE V.WADE:LOSINGABORTION RIGHTS
5.1 Reasons for the Reversal
The debate between pro-life and pro-choice has increasingly intensified after theruling of Roe v.Wade.The decision has always been a precarious situation under theinfluence of the politicization of abortion,the polarization of politics,and conflicts inthe judicial field.This part explores the reasons for the reversal of the case fromdifferent perspectives.
5.1.1 Politicization of Abortion
The continued tying of the abortion issue to American politics is the root of thereversal of Roe v.Wade.Since the case was decided,abortion has become a campaignissue in the United States,with all political parties expressing their views on the issue,and the abortion rights of American women have been continually reduced to a tool utilized by the American political and legal system.
At the United Nations Fourth World Conference on Women in 1995,the UnitedStates First Lady,Hillary Clinton,delivered her famous speech“Women’s Rights areHuman Rights”at the NGO Women’s Forum on the recognition and protection ofwomen’s human rights,including women’s rights to health,reproductive autonomy,and abortion,which greatly supported the incorporation of women’s human rights intothe twelve strategic objectives of the Beijing Platform for Action(BPfA).However,in2005,on the 49th United Nations Commission on the Status of Womencommemorated the 10th anniversary of the Beijing World Conference on Women,theUnited States government delegation unexpectedly raised the demand for theelimination of women’s abortion right from the Beijing Platform for Action at theconference(Liu Bohong 6).Only because the United States was under theadministration of Democratic Party leader Bill Clinton in 1995 and Republican Partyleader George W.Bush,Jr.in 2005,women’s abortion right was changed in such acontrasting way by the different political parties in power.
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CHAPTER VI CONCLUSION
6.1 Major Findings
Through liberal feminist discourse on women’s rights to have abortions and adeep analysis of Roe v.Wade from its decision to reversal,the thesis examines thevarious impacts of the decision and reversal on American women,analyzes howdifferent groups of women have fought for their lost abortion freedom,and exploresthe twists and turns that have made it difficult for American women to struggle for theabortion right.The thesis draws the following research findings:
Liberal feminists are in favor of abortion because they advocate women’s bodilyautonomy,stating that women have the right to make their own choices,includingwhether to give birth or to have an abortion,and proposing the liberalization anddecriminalization of abortion.Betty Friedan,a well-known liberal feminist,criticizedsociety and the law for reducing women to sex objects and called on women to standup and fight for women’s right to reproductive freedom.She advocated the repeal oflaws restricting contraception and abortion,hoping to eliminate gender discriminationthrough the enactment of anti-discrimination laws and to advance the realization ofgender equality through legal effects.Roe v.Wade was the starting point of thecampaign for women’s reproductive rights,and eventually,the U.S.Supreme Courtruled that women have the right to privacy and that abortion was protected by theConstitution,which marked a victory in the struggle for women’s abortion right,andchanged the history of women’s inability to control their reproductive rights.Theoverturning of Roe v.Wade,in which women no longer have the abortion right,hasdealt a severe blow to the liberal feminists’hope of defending women’s rights andinterests through legal means and has posed a great challenge to the development offeminism.
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