I first encountered this word in 1973. I was a young attorney and the use of the word was a red flag. Without years of professional experinece I had nevertheless spent tons of time reading Supreme Court opinions. That is what much of law school is about. The thought “A Stretch” popped into my mind as I read the Roe V Wade opinion. It seemed to be a search for an elusive “right”. A shoehorn exercise of justification to some extent. Time has revealed how much turmoil that discovered right caused our nation. Ultimately, the limited “right” created was elevated to unlimited status in some political realms. A liberal reading of Roe did not create a right so personally exclusive. Yet, Roe’s “right” is now claimed to be inviolate by many.
A draft opinion of a possible reversal to Roe has been recently leaked. Outrage that a few justices can overturn a sacrosanct “right” mirrors the rage that prevailed in 1973 when the other side of the issue was incensed that a few justices dared legalize abortion in all states. Times change. but not the anger. Many are again unhappy with an impending ruling on abortion by the US Supreme Court. It is a stain on our times that a provisional opinon was leaked. So much for serious folks at the highest lvels of government.
In 1973 I was young and abortion in my mind centered on unwanted pregnacies of unmarried couples. At least in my circles, most sexual couplings happened between romantically linked individuals who liked each other and usually had each other’s interest at heart. The possibility of an unwanted pregnancy loomed large for both man and woman. However, being too young for marriage did not stop youngsters from taking that ultimate risk. It was young love without bounds and most couples were stary eyed enough to believe that they could make the best of a bad situation if it did arise. And, many did. Many more were happy when that situation was avoided.
A fellow in his 80’s once told me of his life changing event when just out of high school. He hoped to go to college. He impregnated his girlfriend. As was so often the case in those days a marraige followed. No college for either of course. His father-in-law got him a job at a foundry. It was brutally hard work. It wasn’t his ideal but he stepped up and took responsibility. He moved on to other employment and rasied a family.
His tale was what youngsters in the 1950’s and 1960’s feared possibly awaited them as a consequnce of reckless or unlucky love making. There were variations of the story of course. Many such marriages happened. A few medically dangerous abortions resulted. Some mediaclly safe, legal abortions happened. Of course there was abandonment by the male in some circumstances. Homes existed for the woman to have a baby in secret. Adoptions.
Then came much better, more reliable birth control. Oddly, rather than simply reduce anxiety over the risk of pregnancy for young lovers, better birth control opened the door for promiscuity. Or, so it appeared to Papa. The revolution happened quickly. Suddenly young lovers were replaced by casual couplings short on romance. A caring relationship that included healthy sex often became unnecessary. Sex could occur not only without anxiety over a pregnancy but also without a seemingly responsible care in the world. Abortion became a backstop in the event birth control failed. A legal backstop. An increasingly acceptable backstop with the passing of years. Youngsters may have coupled but there was less linkage between them.
Somewhere along the line a sense of seriousnes over the consequences of sex has been eroded. No matter how you cut it, a pregnancy is still possible with most couplings. Society has also pretty much been saying to men that you don’t have to step up to the plate. That is a dangerous message for the male sex. So, frequent sex and increased abortions continued. I readily admit that I am old fashioned. It is hard for me to think of being a father alongside a mother towards whom I didn’t have feelings of respect or caring for their well being.
However, the issue in the here and now revolves around the possible change to Roe v Wade. The loudest voices are for all or nothing. Life at moment of possible conception versus abortion up to the day before birth. I suspect that most Americans fall in between those extremes. That of course is where Roe tried to land with its trimester analysis. My youthful view on the consequences of an unwanted pregnacy still sways me, There is something to be said that a life should not be brought into this world if a mother and father cannot provide the required love, nourishment and guidance a child needs. A reasonable next step is that they can decide when they are ready to so provide. And, unfortunately, in my view, it is often the sole choice of a mother because the father is out of the picture.
The rights debate evolving from ROE v WADE has not only been contensious but it is very lucrative as a political fund raiser for both political parties. My memory of course is faulty but I don’t recall either party being so extreme prior to Roe. States were debating changes to abortion laws ( ABA’s Model Penal Code) and I think republicans and democrats were fairly equally split on the issues involved. It wasn’t a one party issue either way as I recall. But, the politics became too good to pass up I guess. Without Roe let us hope that states can sort out a rational policy not based on either extreme. Rape, incest and life of the mother as well as viability exceptions need to be debated. Perhaps rather than framed as a rights debate it’d be better to weigh a mother’s interest in not carrying a pregnancy forward versus the state’s interest in protecting an actual, soon to be life. Some advocate for a shorter timeframe to decide while others (UK/24 Wks-NZ/20 Wks) are longer. But, 8 or 9 months seems an unreasonable amount of time to decide/choose.
I fear that the political parties will not resist advoacting/fundraise for a national policy. For or against some kind of one size fits all federal policy that so often has supposedly proven invaluable to the well being of the nation. Not a good prospect to get away from the extremes.