NEW YORK —
By today’s politically polarized standards, the Supreme Court’s momentous Roe v. Wade ruling was a landslide. By a 7-2 vote on Jan. 22, 1973, the justices established a nationwide right to abortion.
Forty years and roughly 55 million abortions later, however, the ruling’s legacy is the opposite of consensus. Abortion ranks as one of the most intractably divisive issues in America, and is likely to remain so as rival camps of true believers see little space for common ground.
Unfolding events in two states illustrate the depth of the divide. In New York, already a bastion of liberal abortion laws, Gov. Andrew Cuomo pledged in his Jan. 9 State of the State speech to entrench those rights even more firmly. In Mississippi, where many anti-abortion laws have been enacted in recent years, the lone remaining abortion clinic is on the verge of closure because nearby hospitals won’t grant obligatory admitting privileges to its doctors.
“Unlike a lot of other issues in the culture wars, this is the one in which both sides really regard themselves as civil rights activists, trying to expand the frontiers of human freedom,” said Jon Shields, a professor of government at Claremont McKenna College. “That’s a recipe for permanent conflict.”
On another hot-button social issue — same-sex marriage — there’s been a strong trend of increasing support in recent years, encompassing nearly all major demographic categories.
There’s been no such dramatic shift, in either direction, on abortion.
For example, a new Pew Research Center poll finds 63 percent of U.S. adults opposed to overturning Roe, compared to 60 percent in 1992. The latest Gallup poll on the topic shows 52 percent of Americans saying abortion should be legal under certain circumstances, 25 percent wanting it legal in all cases and 20 percent wanting it outlawed in all cases — roughly the same breakdown as in the 1970s.
“There’s a large share of Americans for whom this is not a black-and-white issue,” said Michael Dimock, the Pew center’s director. “The circumstances matter to them.”
Indeed, many conflicted respondents tell pollsters they support the right to legal abortion while considering it morally wrong. And a 2011 survey of 3,000 adults by the Public Religion Research Institute found many who classified themselves as both “pro-life” and “pro-choice.”
Shields, like many scholars of the abortion debate, doubts a victor will emerge anytime soon.
“There are reasonable arguments on both sides, making rationally defensible moral claims,” he said.
Nonetheless, the rival legions of activists and advocacy groups on the front lines of the conflict each claim momentum is on their side as they convene symposiums and organize rallies to commemorate the Roe anniversary.
Supporters of legal access to abortion were relieved by the victory of their ally, President Barack Obama, over anti-abortion Republican Mitt Romney in November.
A key reason for the relief related to the Supreme Court, whose nine justices are believed to divide 5-4 in favor of a broad right to abortion. Romney, if elected, might have been able to appoint conservative justices who could help overturn Roe v. Wade, but Obama’s victory makes that unlikely at least for the next four years.
Abortion-rights groups also were heartened by a backlash to certain anti-abortion initiatives and rhetoric that they viewed as extreme.
“Until politicians feel there’s a price to pay for voting against women, they will continue to do it,” said Cecile Richards, president of the Planned Parenthood Federation of America, a lightning rod for conservative attacks because it’s the leading abortion provider in the U.S.
In Missouri and Indiana, Republican candidates for the U.S. Senate lost races that their party initially expected to win after making widely criticized comments regarding abortion rights for impregnated rape victims. In Virginia, protests combined with mockery on late-night TV shows prompted GOP politicians to scale back a bill that would have required women seeking abortions to undergo a transvaginal ultrasound.
“All these things got Americans angry and got them to realize just how extreme the other side is,” said Jennifer Dalven, director of the American Civil Liberties Union’s Reproductive Freedom Project.
“This issue will remain very divisive,” she said. “But I do see this as a sea-change moment... The American public wants abortion to remain safe, legal and accessible.”
However, anti-abortion leaders insist they have reason for optimism, particularly at the state level.
In the past two years, following Republican election gains in 2010, GOP-dominated state legislatures have passed more than 130 bills intended to reduce access to abortion. The measures include mandatory counseling and ultrasound for women seeking abortions, bans on abortion after 20 weeks of pregnancy, curbs on how insurers cover the procedure, and new regulations for abortion clinics.
The ACLU and other abortion-rights groups are challenging several of the laws in court, notably the 20-week ban. Yet already this year, Republican leaders in Texas, Mississippi and elsewhere are talking about new legislative efforts to restrict abortion.
Mississippi’s Gov. Phil Bryant says he wants to end abortion in the state and is eager for the remaining clinic, the Jackson Women’s Health Organization, to close.
“My goal, of course, is to shut it down,” Bryant told reporters on Jan. 10. “If I had the power to do so legally, I’d do so tomorrow.”
The clinic is a steady target of anti-abortion protesters who take turns praying, singing hymns and confronting patients. Its administrator, Diane Derzis, says the three principal physicians on her staff have been unable to get admitting privileges at area hospitals due to pressure from the anti-abortion movement.
Such developments hearten Charmaine Yoest, president of Americans United for Life, one of the groups most active in proposing anti-abortion bills for state legislatures to consider.
“Within the context of Roe, we have been remarkably successful in terms of expanding the legal protection of human life,” Yoest said. “We’re working to make Roe irrelevant.”
Yoest’s optimism derives partly from her belief that young Americans are increasingly skeptical about abortion, though polls give mixed verdicts on this matter.
“It is really easy to explain the pro-life position to a child — it’s hard to explain to them why you should kill a baby before it’s born,” Yoest said.
Supporters of legal access to abortion dispute the notion of swelling anti-abortion sentiment among young people, but some activists do sense a gap in terms of political intensity.
“I have enormous hope in this millennial generation — they’re progressive, thoughtful and they identify in their pro-choice values,” said Nancy Keenan, who will soon be stepping down after eight years as president of NARAL Pro-Choice America.
“But there is an intensity gap — they don’t act on those values,” Keenan said. “The other side votes their anti-choice, pro-life values — it’s at the top of their political activity.”
She drew a contrast with the push for same-sex marriage.
“With marriage equality, gays and lesbians are fighting for something they didn’t have,” Keenan said. “In the case of reproductive rights, you’re trying to maintain the status quo. The millennial generation doesn’t see it as threatened.”
Another difference: the campaign for same-sex marriage has benefited greatly from personal testimony by gay couples, speaking out in legislative hearings and campaign videos. By contrast, although millions of American women have had abortions, relatively few speak out publicly to defend their decisions.
“If you know some women, you know a woman who’s had abortion,” said Dr. Anne Davis, who is medical director for Physicians for Reproductive Choice and Health and provides abortions as part of her practice in New York City.
“But you do not see women talking about their abortions,” Davis said. “They do what they need to do and move on. I can’t blame people for that.”
Davis, who learned abortion techniques during her residency at the University of Washington in the mid-’90s, said the procedure has become increasingly safe — notably with the advent of abortions via medication. She expressed dismay at the spate of restrictive laws that she and many of her fellow physicians view as ill-founded.
“Initially, we’d say, ‘That’s ridiculous’ — and now we’re stuck with them,” she said.
Despite all the furor, abortion has been commonplace in the post-Roe era, with about one-third of adult women estimated to have had at least one in their lifetime.
Of the roughly 1.2 million U.S. women who have abortions each year, half are 25 or older, about 18 percent are teens, and the rest are 20-24. About 60 percent have given birth to least one child prior to getting an abortion. A disproportionately high number are black or Hispanic; and regardless of race, high abortion rates are linked to economic hard times.
The Roe opinion, written by Justice Harry Blackmun, asserted that the right to privacy extended to a women’s decision on whether to end a pregnancy. States have been allowed to restrict abortion access at late stages of pregnancy, but only if they make exceptions for protecting the mother’s health — and the net result has been one of the most liberal abortion policies in the world.
At the time of Roe v. Wade, abortion was legal on request in four states, allowed under limited circumstances in about 16 others, and outlawed under nearly all circumstances in the other states, including Texas, where the Roe case originated.
One of the most liberal members of the current Supreme Court, Justice Ruth Bader Ginsburg, is among those who have questioned the timing of the Roe ruling and suggested that it contributed to the ongoing bitter debate.
“It’s not that the judgment was wrong, but it moved too far too fast,” Ginsburg said at Columbia University last year.
She said the court could have put off dealing with abortion while the state-by-state process evolved or it could have struck down just the Texas law, which allowed abortions only to save a mother’s life.
Asked about Ginsburg’s musings, Cecile Richards of Planned Parenthood said the Roe ruling was critically needed to curb unsafe abortions in states where the procedure was outlawed.
“Women were paying the price with their lives,” she said.
However, Carter Snead, a Notre Dame law professor who has studied abortion and bioethics, said Blackmun’s opinion was wrong to dismantle state anti-abortion laws so sweepingly.
“One key virtue of democracy is that, win or lose, the outcomes are generally seen as legitimate because all of the competing sides have had their say,” Snead said in an e-mail. “In Roe, the court short-circuited this process entirely, and handed a near total victory to one side of a bitterly contested question on the gravest of matters.”
Snead said abortion opponents have an enduringly compelling argument — “that the smallest, weakest, and most unwanted nevertheless have a claim on us.” But he said this argument can’t be translated into public policy without a change in the Supreme Court’s makeup.
Looking ahead, there’s no clear path toward an easing of the debate. Some activists and politicians say common ground could be found in a broad new campaign to curtail unintended pregnancies, but many anti-abortion leaders have shown little interest in this.
Some abortion opponents, such as Serrin Foster of Feminists for Life, urge bipartisan efforts to support pregnant young women as they pursue careers or education, so they don’t feel financial pressure to have an abortion. But supporters of legal access to abortion look askance at such proposals if they are coupled with calls to take abortion decision-making out of a woman’s hands.
For Carrie Gordon Earll, now senior policy analyst for the conservative ministry Focus on the Family, that Roe-established freedom of choice once seemed logical. She got pregnant in 1981 while attending a Christian college and opted to have an abortion.
She recently made a video expressing her regrets.
“I can look back at those 40 years and say without a doubt, the world is not a better place because of abortion, women are not in a better place,” she says. “What it has created is a world where you’re almost expected to abort if you’re pregnant at an inopportune time.”
In an interview, Earll mused on how the anti-abortion movement has persevered since Roe.
“We’ve had 40 years of marketing by Hollywood and the cultural elites that abortion is a good thing, and we still have a battle going on,” she said. “We’re holding our own.”
A similar refrain of perseverance is sounded by Dr. Douglas Laube of Madison, Wis., who began performing abortions as part of his practice a year after the Roe decision.
“It was important for women to be able to legally ensure their right to make their own decision,” said Laube, who is chairman of Physicians for Reproductive Health Choice. “But it served to polarize society politically.”
Laube is worried by the spread of anti-abortion state laws, but encouraged by the surge of women becoming obstetrician-gynecologists — a trend he hopes will ease the shortage of abortion providers.
“I see the movement toward the religious right being countered by a growing movement among practitioners and advocates for maintaining this as legal,” he said. “That means the controversy will continue. But it also means we will hold our ground.”
News
Roe v Wade: After 40 years, deep divide is legacy
- News
-
-
ISU unveils interactive Bayh Family Legacy Wall at school
A who’s who of Indiana Democrats paid tribute to Evan Bayh and several generations of the Bayh family Friday during a dedication of a new interactive display at Indiana State University.
-
Can you smell me now?
A contraband cell phone has been discovered by the Vigo County Jail’s youngest and most unique officer.
-
GIVING BACK: Steve Weatherford buys shoes for kids day before charity run
Terre Haute’s Steve Weatherford, punter for the 2012 Super Bowl champion New York Giants, showed once again his generosity Friday by donating new athletic shoes to more than two dozen Vigo County kids.
-
N.Y. Giants honor Weatherford as ‘Man of the Year’
Dan Tanoos, superintendent of Vigo County schools, remembers the first time he saw Steve Weatherford as a freshman at Terre Haute North Vigo High School.
-
Sunday recital at The Woods
A recital featuring songs from well-known composers is at 7 p.m. Sunday in the Church of the Immaculate Conception at Saint Mary-of-the-Woods.
-
Police investigating rash of car window shootings
Terre Haute Police are investigating a rash of shootings that have shattered car windows throughout the city.
-
City hospitals get passing grades for patient safety
Two Terre Haute hospitals have been ranked for patient safety by an independent organization that assesses safety, quality and affordability of healthcare for Americans.
-
Three from Operation Turn and Burn sentenced in federal court
Three co-conspirators in a Wabash Valley methamphetamine trafficking ring were sentenced this week to several years in federal prison.
-
Skateboarders, BMX bike riders working to improve area of city park they use
The sound of small wheels rolling across smooth concrete fills the air, accented by the clacking noise of a wooden skateboard coming to an instant stop on a metal edge before rolling on again.
-
Indiana State to host 2014 MVC baseball tourney
Build it… and they will come. The Missouri Valley Conference and Indiana State University made that famous line from the movie “Fields Of Dreams” reality Thursday.
-
Overlay recommended for 812 area code
The state agency that represents Hoosier utility customers is calling for a ten-digit solution to southern Indiana’s vanishing supply of 812 area code telephone numbers.
-
Elementary school saddened by student’s death
A 9-year-old Dixie Bee Elementary student died unexpectedly Wednesday evening as the result of pneumonia, said Vigo County Coroner Susan Amos on Thursday.
-
Vermillion CSX crossings undergoing maintenance
CSX maintenance crews are working on railroad crossings between Dana and Chrisman, Ill. this week and next, a CSX official said Thursday.
-
Beware of scams everywhere
Ever get a phone call in the middle of the night from a person claiming to be your grandchild, who unfortunately has been jailed in Canada and needs bail money?
-
INDOT to start work on Indiana 163 in Vermillion County
Maintenance crews will begin a pavement preservation project Monday on Indiana 163, between Indiana 63 and the Illinois state line west of Clinton.
-
Union Hospital community garden spots now available
Community gardening spots are now available at the Union Hospital Community Garden for Wabash Valley residents interested in planting and maintaining a garden but may not have the space. The garden is located west of the intersection of North Sixth Street and Seventh Avenue in Terre Haute at 1430 N. Sixth St.
-
Correctional officer remembered at memorial
Greene County native and Wabash Valley Correctional Facility Officer Timothy Betts was honored during a memorial ceremony at the National Law Enforcement Officers Memorial in Washington, D.C.
-
Money donated for Dresser sculpture
100+ Women Who Care of Vigo County on Thursday awarded a $20,200 grant to Art Spaces that will help make the Paul Dresser sculpture, “A Song for Indiana,” a reality.
-
Powerball jackpot quickly jumps to $550 million
The Powerball jackpot jumped to $550 million on Thursday — the third largest lottery in history — as dreamers in all but the seven states where the game isn’t played snatched up tickets for the minuscule chance at a life on easy street.
-
About 200 channel catfish find new home in Dobbs Park pond
About 200 channel catfish transferred into a new home at the Dobbs Park pond on Wednesday, but it’s unclear how long they’ll remain there. That depends upon the people fishing.
-
GED grads turn the tassels
Michelle McClendon’s first child was born when she was 15.
She tried to stay in school, but it was just too much, so she dropped out to take care of her daughter. -
MARK BENNETT: Local summer music series idea remains a good one
One-of-a-kind ideas happen rarely.
As the biblical adage goes, there is nothing new under the sun. We humans succeed occasionally, inventing electricity, automobiles, telephones and the Internet. Invariably, though, someone else insists, “Hey, my grandpa thought of that years before Edison.” -
State to spend $2M to clean up voter rolls
Indiana’s bloated voter registration rolls, which officials say make elections more susceptible to fraud, will soon come under more scrutiny by the state.
-
Community tips lead to arrest on methamphetamine charges
Acting on community tips and other information, Indiana State Police troopers from the Putnamville District Meth Lab Enforcement Team were led to a rural Vigo County residence where they arrested the homeowner on meth-related charges and a female companion on a Clay County warrant for driving while suspended.
-
Historic National Road Yard Sale begins May 29
Bargains galore are expected along a 824-mile stretch of U.S. 40 as the annual The Historic National Road Yard Sale begins May 29 and continues through June 2
-
Woman arrested after selling relatives truck without permission
A Terre Haute woman faces a charge of auto theft after being arrested for selling a relative’s vehicle without permission.
-
Redevelopment Commission hears TIF districts in good shape
Terre Haute’s special economic development taxing districts, known as TIF districts, are in good financial shape, according to a report given Wednesday to the city’s five-member Redevelopment Commission.
-
Tribune-Star staff wins awards from IAPME
The Tribune-Star was well represented once again at the annual Indiana Associated Press Media Editors awards in Indianapolis Saturday.
-
Indiana’s 2013 Click It or Ticket effort begins Friday
As motorists take to the roads this Memorial Day holiday, the Vigo County Traffic Safety Partnership is urging everyone to buckle up as Indiana’s 2013 Click It or Ticket seat belt enforcement effort begins Friday.
-
Giving back to the community: Day of Energy
Flowers and fresh paint. A new platform for handicapped seating. Spotlight replacement. And even a new utility pole and electrical service. About 10 different projects made positive improvements at the Wabash Valley Fairgrounds on Thursday through a volunteer work day called “Duke Energy in Action.”
- More News Headlines
-





