ThesisWhen for its contraceptive and abortive properties. However,

ThesisWhen Roe v Wade was ruled on in 1973, abortion was legalized with the medical trimester framework and constitutional basis. In this situation, where religious beliefs and personal experiences defined a standpoint, a war to uphold one’s morals broke out between those who wished to overturn the ruling and those fighting to uphold the ruling and improve abortion access. Activists used the arguments of Christian teachings, fetal personhood, and ultimately whose right they believed it was to decide on having an abortion, but for each argument the opposing side had an equally strong differing interpretation or counterattack. Both the buildup and aftermath consisted of these conflicts that still have not come to a compromise as supporters of both sides are unwilling to sacrifice their morals.ContextAncient HistoryAbortion and contraceptive practices have been occurring for almost all of recorded history. The earliest recorded abortion technique dates back to the 3000s BCE in China. Ancient practices were often plant based. In fact, the extinction of the plant silphium in the 300s BCE was supposedly due to the high demand for its contraceptive and abortive properties. However, as early as the 100s, it is also recorded that many were questioning the morality of abortion and contraception. The ancient Christian Didache inquires: at what point (if any) do fetuses gain rational souls? This questioning is one of the earliest of the concept of fetal personhood. People began questioning the morality of abortion because they worried that the fetus was “ensouled” or had a soul as they believed birthed people had, and that their were moral consequences for eliminating something that may be person-like, and have thoughts and feelings like they did. As early as 418 AD, it has been recorded that Christians, more specifically Catholics, oppose abortion as they hold human life to be sacred. Many were against abortion, or even contraception as it “broke the connection between sex and procreation”, despite any extenuating circumstances. However, these past arguments often did not put abortion on par with homicide. Later, in the 1100s, Islamic scholar wrote condemning abortion, but offering exceptions for contraception through withdrawal: two of these being in the event of “excessive hardship on account of numerous offspring” and “that the woman might abstain from having children on account of arrogance, excessive cleanliness, fear of labor pains, and nursing”. This brings up arguments that still perpetuate today: that preventing or terminating a pregnancy is the choice of the woman, whether it be due to financial burden or simply opposition to bearing a child. In the 13th century, judge Henry de Bracton declared abortion homicide if it occurred after “quickening”, or after movement of the fetus.When the United States was formed, abortion was not explicitly mentioned in the constitution, therefore making it a federally legal practice. However in later years, the legal stance of the US on abortion and contraception evolved to be quite conservative. In the 1800s, American states began to outlaw abortion state by state, starting with Connecticut in 1821. The Comstock laws were even enacted nationwide in 1873, which prevented the distribution of information or tools with sexual, contraceptive, or abortive use by mail. While contraceptive methods became legal and more accepted over time, abortion remained a crime in most states. Yet the demand remained, causing women to seek out illegal abortions or self induce abortions, leading to many women “damaged or killed by illegal abortion”; the illegality of having safe abortions was described by one doctor as “carnage”.Roe v Wade In 1969, Norma McCorvey discovered she was carrying an unwanted pregnancy. However, in her home-state of Texas, laws restricted abortion except in the case of rape, incest, or in the event of “medical advice for the purpose of saving the life of the mother” She attempted to plead that the pregnancy was a result of rape by false pretenses in order to obtain a legal abortion but failed, then searched for illegal facilities still open but failed yet again. Later, she was taken on by attorneys Coffee and Weddington and argued under alias Jane Roe against the Dallas County DA, Henry Wade, that the laws restricting abortion with few exceptions were unconstitutional. In 1970, the district court found the laws to be unconstitutional because of privacies promised in the 9th Amendment. This ruling however did not affect McCorvey’s pregnancy as she had given birth and put the child up for adoption in the meantime. Despite their unanimous decision that these laws were unconstitutional, they did not grant injunction and the case was argued in before the Supreme Court in 1971. The Supreme Court decided that under the 14th Amendment, it was a woman’s personal liberty to seek a legal abortion, and the discretion was protected under a woman and her doctor’s rights to privacy. This was limited by a trimester framework, that during the first trimester states could not regulate, after this states could regulate in the interest of protecting the mother’s health,  and after the fetus reached viability states could regulate in order to protect potential life.