Side Affects

what is roe v. wade?

Person holding a sign that reads, "My Body My Choice."

Person holding a sign that reads, "Bans off our bodies!"

A sign at a protest that reads, "I woke up with less rights than I went to sleep with..."

In 1973, the U.S. Supreme Court’s ruling in Roe v. Wade recognized that the decision whether to continue or end a pregnancy belongs to the individual, not the government. In June 2022, the U.S. Supreme Court overturned Roe v. Wade, ruling there is no constitutional right to abortion. This marks the first time in history that the Supreme Court has taken away a fundamental right.

The case

In 1973, a Texas law prohibited abortions except when necessary to save the life of the mother. Is the right to decide whether to continue a pregnancy protected by the Constitution?

the ruling

The Supreme Court struck down Texas’s criminal ban on abortion and held that the right to abortion is a “fundamental right.” In the 7–2 opinion, the Court held that, along with decisions relating to marriage, contraception, education, and family relationships, the decision about whether to continue or end a pregnancy is fundamental to “personal liberty.” Before viability, it is a pregnant person’s decision—not the government’s—whether to continue a pregnancy.

the reversal

The 2022 decision came from Dobbs v. Jackson Women’s Health Organization, a case challenging Mississippi’s ban on abortion, brought on behalf of the only remaining abortion clinic in the state. Mississippi appealed to the Supreme Court after the Fifth Circuit Court of Appeals upheld a federal district court ruling that granted a permanent injunction against the ban.

learn more about roe v. wade

The Supreme Court has established that it is an individual’s right, single or married, to be free from government interference in decisions “so fundamentally affecting a person” as the decision to bear a child.
‍
The arguments made during Roe v. Wade cemented past decisions protecting an individual’s right to use contraception and as such, cases concerning contraception that occurred post Roe, rely heavily on those strengthened arguments. Specifically, Carey v. Population Services International’s leading argument relied on the statement “the constitution protects individual decisions in matters of childbearing from unjustified intrusions by the state i” made during Roe. These liberty rights are both are protected under the right to privacy.

Landmark Cases:

griswold v. connecticut (1965)

eisenstadt v. baird (1972)

carey v. population services international (1977)

“reproducing should always be a choice and never a consequence.”
megan stubbs, ed.d

Estelle Griswold, Head of Planned Parenthood in Connecticut

Newspaper article with a headline that reads, "Birth Control Ruling Applauded; Senate Considers Formal Repeal"

resources:

pro-choice america

We organize and mobilize to protect reproductive freedom by fighting for access to abortion care, birth control, paid parental leave, and protections from pregnancy discrimination.

The latina institute

The National Latina Institute for Reproductive Justice builds Latina/x power to fight for the fundamental human right to reproductive health, dignity, and justice.

reproductive health access project

An organization working to ensure equitable access to sexual and reproductive health care (including abortion) by centering communities most impacted by barriers to care.

The Constitution recognizes marriage as a liberty right protected by the right to privacy. This right was extended first for interracial marriages i (1967) and then to same-sex marriages (2015).

The constitutional right to marry was established during Loving v. Virginia, yet it wasn't until Roe v. Wade’s that marriage became protected by the right to privacy as well. In addition, it wasn’t until Obergefell v. Hodges (a case that heavily cited Roe) that this right extended to same-sex marriage and considered marriage not only “an orderly pursuit of happiness” but also; “like choices concerning contraception, family relationships, procreation, and childrearing, all of which are protected by the Constitution, decisions concerning marriage are among the most intimate that an individual can make.”

Landmark Cases:

Loving v. virginia (1967)

zablocki v. redhail (1978)

obergefell v. hodges (2015)

“America has taken one more step toward the promise of equality enshrined in our Constitution, and I'm humbled to be part of that.”
jim obergefell

Three people embracing outside the Supreme Court after the gay marriage ban was overturned

An article in the LA Times from the gay marriage ban overturn

Newspaper article from the overturn of the interracial marriage ban

resources:

loving day

A volunteer-supported community project carrying on the legacy of a historic court decision for interracial marriage.

human rights campaign

We strive to end discrimination against LGBTQ+ people and realize a world that achieves fundamental fairness and equality for all.

national domestic violence hotline

An organization providing 24/7 support for survivors of domestic violence, along with education, tools, and referral services.

“The Constitution protects individual decisions in matters of childbearing from unjustified intrusion by the State." Today, 31 states (plus Washington, D.C.) have laws allowing forced sterilization, and only two states have banned it. These laws disproportionately affect people who are minorities, people with disabilities, people convicted of crimes, and people living in poverty.
‍
‍Roe v. Wade cited Skinner vs. Oklahoma to elaborate on the parameters of personal liberty rights, and in doing so reaffirmed the right to procreate as a protected liberty right and its inherent connected to contraception and abortion rights. In cases post-1973, Roe has been cited for its holding “that personal choice in matters of family life is a liberty that the Fourteenth Amendment protects.” With new legal disputes forming around assisted reproductive technology i, and no recent cases to solidify procreation as a protected liberty, it’s uncertain how future cases will be affected by the overturn of Roe v. Wade.

Landmark Cases:

Skinner v. oklahoma (1942)

“coerced and forced sterilization fundamentally seeks to deny women deemed as “unworthy” the ability to procreate.”
priti patel

A protestor holding a sign that reads "Sterilization of mothers violates U.N. Charter Art. 25, Sec. I & II, Vote NO House Bill 20"

Protestors marching against forced sterilization

resources:

national advocates for pregnant women

NAPW is committed to advancing the equal rights and personhood of all pregnant people including those most likely to be targeted for arrest, detention, and blame — low income people, people of color, and drug-using people.

physicians for reproductive health

We amplify the voices of medical providers to advance sexual and reproductive health, rights, and justice. We envision an equitable world where all people are free to make their own decisions about their bodies, families, and futures.

first candle

Committed to the elimination of SIDS and other sleep-related infant deaths through education, while providing support for grieving families who have suffered a loss.

In 2003 The Supreme Court recognized that it is an individual’s right to engage in “private, consensual sexual activity with the partner of one’s choice” and struck down existing laws that criminalized intimate activity between same-sex individuals.
‍
‍The status of Sexual Rights as a liberty right is due in part to rights established during Roe v. Wade. It was established that a woman’s right to make fundamental decisions “affecting her destiny” extends to the rights of all people and their decision-making about sexual relationships based on the Due Process Clause i.

Landmark Cases:

lawrence v. texas (2003)

“The state cannot demean their existence or control their destiny by making their private sexual conduct a crime.”
Justice Anthony M. Kennedy

Protestors holding signs for trans and LGBTQ+ rights

John Lawrence and Tyron Gardner embracing after their Supreme Court victory

A large pride flag being unfurled in front of the US Supreme Court

resources:

sexual rights database

The Sexual Rights Initiative created the National Sexual Rights Law and Policy Database to document and compare the status of law and policy related to sexual rights issues in different countries around the world.

sexual rights initiative

A toolkit to help shine an international spotlight on human rights violations related to sexual and reproductive health and rights in your country.

advocates for youth

An organization partnering with young people and their adult allies as they fight for sexual health, rights, and justice.

It is the right of family members to maintain relationships with other family members and decide whether or not to bear children without government interference. Despite the legalization of same-sex marriage, same-sex couples are still treated differently under law when it comes to the application of the presumption of parentage i.

The central holdings in Roe v. Wade assisted in strengthening and explaining the pre-existing constitutionality of family decision making and relationships by connecting it to other rights already acknowledged by the Supreme Court, such as contraception, sexual rights and marriage. This allowed cases after Roe to assert that liberty does encompass decisions in family life i. Cases like Pavan v. Smith have expanded the presumption of parentage to all spouses of gestational parents, making it accessible for many more members of the LGBTQ community and giving greater recognition to parenthood based on intent rather than biology.

Landmark Cases:

meyer v. nebraska (1923)

Pierce v. the society of sisters (1925)

Moore v. city of east cleveland (1977)

pavan v. smith (2017)

“A family is what you make it, and this is our family.”
terrah pavan

Nuns from The Society of Sisters (1920's)

Terrah and Marisa Pavan and their daughter

A newspaper article about the ban put in place against teaching the German language in schools

resources:

american association of university women

We fight to remove the barriers and biases that stand in the way of gender equity. We focus on economic security, education, and advocacy to promote women's success.

human rights campaign

We strive to end discrimination against LGBTQ+ people and realize a world that achieves fundamental fairness and equality for all.

physicians for reproductive health

It is a person’s right to be secure in their “persons, houses, papers and affects” against unreasonable violations and searches. Since Casey v. Planned Parenthood i, the Supreme Court has not decided cases that build upon the right to bodily integrity and it is still unclear how this right may restrict government action in the forms of physical searches and punishment.
‍
‍Bodily integrity was considered a liberty before Roe v. Wade. Rochin v. California addressed the fact that while the due process clause did not spell out specifics, it protects “personal immunities” that “are so rooted in the traditions and conscience of our people to be ranked as fundamental.” Casey vs. Planned Parenthood (which relied heavily on advancements made by Roe and cited Rochin) is considered a foundational case for developing this liberty. Following the advancements made to the privacy right by Roe, the Supreme Court extended “privacy” to include the right to appoint a healthcare proxy i or refuse medical treatment. Roe (and Casey) developed the framework to assist courts in assessing when the government’s actions impede on this personal autonomy.

Landmark Cases:

rochin v. california (1952)

washington v. harper (1990)

casey v. planned parenthood (1992)

“bodily autonomy is the foundation upon which all other human rights are built.”
dr. natalia kanem

Person holding a sign that reads, "MY life MY death MY choice."

A pro-choice poster that reads "I have a right to privacy"

resources:

pro-choice america

We organize and mobilize to protect reproductive freedom by fighting for access to abortion care, birth control, paid parental leave, and protections from pregnancy discrimination.

rainn

The nation's largest anti-sexual violence organization carrying out programs to prevent sexual violence, help survivors, and ensure that perpetrators are brought to justice.

sex etc.

A comprehensive sex education website written by teens, for teens. Stories, forums, glossary, clinic finder, etc.

resources

get support

rainn

The nation's largest anti-sexual violence organization carrying out programs to prevent sexual violence, help survivors, and ensure that perpetrators are brought to justice.

exhale pro-voice

Nonjudgmental, supportive, peer counseling centered around each individual's context, family, culture, and abortion experiences.

pregnancy options

Free guides for those facing a pregnancy decision and/or those seeking emotional and spiritual resolution surrounding abortion.

all options

Direct service and social change strategies to promote unconditional, judgment-free support for people in all of their decisions, feelings, and experiences with pregnancy, parenting, abortion, and adoption.

funds

national network of abortion funds

Removing financial and logistical barriers to abortion access by centering people who have abortions and organizing at the intersections of racial, economic, and reproductive justice.

indigenous women rising

An abortion fund open to all Indigenous people in the United States and Canada who have the capacity to become pregnant and are seeking an abortion.

gen-z for choice

A fund that splits all donations evenly among 50 local abortion funds across the United States.

yellow hammer fund

The Yellowhammer Fund is a 501(c)3 abortion fund and reproductive justice organization serving Alabama, Mississippi, and the Deep South.

education

sex etc.

A comprehensive sex education website written by teens, for teens. Stories, forums, glossary, clinic finder, etc.

scarleteen

Inclusive, comprehensive, and supportive information about sexuality and relationships for teens and emerging adults.

headcount

A non-partisan organization promoting participation in democracy through comprehensive information on voter registration deadlines and election dates.

sexual rights database

Created by The Sexual Rights Initiative to document and compare the status of law and policy related to sexual rights issues in different countries around the world.

abortion

center for reproductive rights

An interactive map that examines each state's laws, constitutions, and court decisions on abortion- and assigns a category based on the bans and restrictions.

repro care

An anonymous healthline offering educational information and compassionate emotional support for people having abortions with pills at home.

miscarriage and abortion hotline

A team of experienced clinicians offering anonymous support for self-managed miscarriages or abortions.

plan c pills

Find access to abortion pills in your state through licensed providers.

national women's health network

Feminist health activists providing consumer health information and policy updates on abortion and a wide range of women's health issues.

#exposefakeclinics

A national initiative working to tell the truth about manipulative, fake reproductive health centers.

share your story

shout your abortion

Resources, campaigns, and media intended to arm existing activists, create new ones, and foster collective participation in abortion access all over the country.

we testify

A home and a creative space to explore all of the power and possibilities that abortion storytellers can imagine.

abortion out loud

Real stories of people's own experiences with abortion. Share your story to help ensure abortion access for everyone.

holding our space

Process. Grieve. Celebrate. Feel. Honor. Our stories. Our space.

project voice

By bringing together personal stories, Project Voice hopes to establish a resource of sharing and support.