Legal Abortion Is a Fundamental Right -- Why Do We Often Forget That?

By Frances Kissling, The Women's Media Center. Posted January 3, 2010.

It's time to demand that the promise of Roe becomes a reality for women whose choices are already limited by poverty, joblessness and marginalization.

The debate about abortion coverage in health insurance reform is the latest disappointing moment in the efforts of feminists to ensure that the social transformation Roe promised women was equally available to all women, including those who were dependent on the government for health care. To hear President Obama call the Hyde Amendment, which prohibits the use of federal Medicaid funds for abortion, an “American tradition” is only the most recent of many misstatements about what a fundamental right entails. It seems that prochoice legislators, following the president’s lead, now explicitly consider that throwing women who cannot afford to pay for their own abortions under the bus is a reasonable compromise between those who favor and those who oppose legal abortion and a sensible concession to those who think abortion is immoral.

The compromise is the logical outcome of one of Roe’s essential weaknesses: the fact that the constitutional right to abortion was based on the principle of privacy rather than non discrimination. A private right, even a fundamental one, did not, according to the Supreme Court, require the state to pay for its implementation.

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