Roe v Wade and the ERA Flashcards
Outline the Roe v Wade case.
1970 - Norma McCorvey, Dallas, Texas, sued Dallas County District Attorney Henry Wade under name Jane Roe for right to abortion. Lawyers Sarah Weddington and Linda Coffee argued abortion laws violated her right to privacy under 14th amendment. Case taken to supreme court which ruled in favour January 1973 due to defence of Justice Harry Blackmun. Women allowed abortion in first three months for any reason.
What was the situation for women regarding birth control and abortion before Roe v Wade?
- Women already had contraceptive rights ruled by Supreme Court for those in marriage 1965 and those unmarried 1972.
- Women forced to receive backstreet abortions.
What arguments did organisations make?
Organisations such as the New Women Lawyers and National Abortion Action Coalition campaigned arguing women were discriminated against for having unwanted babies or babies from rape, and took most of burden of child raising alongside having employment prospects hurt.
What impact did Roe v Wade have on income?
In 1970 Kate Millet wrote Sexual Politics discussing how power was in the hands of men. In 1970s women earned 57% what men did due to agitation.
How did states resist Roe v Wade and how did Congress respond?
State legislatures resisted the decision and restricted access to abortion by determining where abortion centres would be and requiring counselling first to make decision. 1976 Congress passed Hyde Amendment to ban federal funding for abortion.
What religious opposition was there?
Catholics claimed they would not perform abortions, and resistance from some Jews and Protestants.
Who was Phyllis Schlafly and what book did she write in 1977?
Phyllis Schlafly was an anti-feminist who opposed abortion and argued women who got it were not real women. Attacks on abortion clinics and even murder of doctors. Schafly wrote the Power of the Positive Woman in 1977 to redefine the separate sphere to appeal to a large proportion of women who rejected feminism. Resisted ERA effectively.
How did women show more political awareness?
Women became more politically aware. Republicans Reagan and Bush were opposed to abortion and appointed 5 judges to Supreme Court but Roe v Wade unaffected. 47% of women voted for Reagan compared to 55% of men, gender gap. Middle class women more likely anti-feminists.
What was the National Right to Life Committee?
National Right to Life Committee established in 1973 in response to Roe decision. Some argued rights at conception, others argued at 6 months baby was living being with rights.
Outline the lifespan of the ERA.
ERA began life in 1920s, rejected in 1946, largely amended and accepted 1950. Passed in Congress 1972, by 1979 failed to garner ¾ state majority.
What discussion was held regarding the ERA?
. Radical feminists wanted to be treated equal not seem as equal. Civil Rights Act, Fourteenth Amendment, and Equal Employment Opportunity Act all provided equal protection under law.
What were key arguments against the ERA?
Labour unions feared influx of female workers, some feminists wanted gender specific legislation to protect women. ERA threatened home and family and would remove obligation of divorced men to provide financial support for offspring.
How did state legislatures respond to the ERA?
State legislatures had resistance and by 1982 it they had reluctance to pass it. Appeared largely a move for young women as older women would lose alimony, also fears over women not having custody of children.
How did rise of conservatism impact the ERA?
Silent Majority of conservative middle class in Nixon’s rule asserted itself. The DAR rose and in the 1980s when Reagan entered power the new right of conservatives and the religious resisted the act.
How did Schlafly resist the ERA?
Schlafly, Republican from Illinois, set the National Committee to Stop ERA 1972, women feared being made to join military service, unisex bathrooms, and losing protection in heavy industry. Schlafly’s lobbying tactics meant no more states ratified ERA after 1977 and timescale ended by 1982.
