Roe's Roots

Reva Siegel, Deputy Dean and professor of both American Studies and Law at Yale University gave a lecture at Moot Court on Tuesday.

The lecture, "Roe's Roots: the Woman's rights claims that Engendered Roe," mainly focused on how the court history behind abortion rights and how pro-choice advocates have used equality as an argument for their cause. Some of the presentation focused on the landmark Roe v. Wade case, but a majority of the lecture focused on court cases that preceded it.

For example, David Grans created what he called the Unitary Fourteenth Amendment which is essentially a law that encompasses several clauses which could be interpreted to support reproductive rights. Siegal articulated this argument in the Emory Law Journal, where she wrote "A sex equality analysis worries that the customary morality governing sexual expression values men's sexual freedom, decisional autonomy, and pleasure more than women's."

Siegal continued, "According to traditional sexual double standards, men have a license to engage in extramarital sex that women do not; women are punished for engaging in extramarital sex as men are not."

There are several other consequences of restricting abortion that have been brought up in court which Siegal mentioned also. One such consequence of "forced motherhood," according to court cases analyzed by Siegal, is that it forces women to become dependent on men or the state for assistance. In addition, occupational flexibility, health and the decision of when to begin and end a relationship are complicated because of the lack of access to abortions.

women are punished for engaging in extramarital sex

Siegal also talked about the history of reproductive rights. For example, in the nineteenth century, many women practiced what is called "voluntary motherhood," and were against abortion and contraception. They believed women should have sex within the confines of marriage, when they were ready to have children rather than allowing their husbands to make the decision.

One particular historical moment for the abortion movement came in 1962 in the Court case of Connecticut v. Women, where a judge decided that women can get an abortion for "therapeutic" reasons, such as if the fetus has developmental problems or a woman's health is in danger.

Although Siegal's lecture was mainly about analyzing the arguments used in courts by pro-choice groups, she also made reference to some pro-life groups. For example, Phllis Schlafly attacked the Equal Rights Amendment for including access to abortion as one of its features: "They are promoting free sex instead of the 'Slavery' of marriage. They are promoting abortions instead of families."

Another reference to the opposition came when Siegal mentioned how Operation Rescue, an antiabortion organization, has told its supporters to chip away at the Roe v. Wade decision incrementally by supporting legislation that weakens and restricts abortion rights like informed consent, waiting periods, etc.

According to Siegal, there were even medical arguments given for protesting abortion, such as the claim that abortion leads to breast cancer, which was argued in 2006 during the South Dakota ban on abortion.

Many who were attending the event were lawyers who came to earn credit towards their license. Steve Burger, a corporate lawyer, said that he had a hard time following it. "It is a bit esoteric, because this is not my area," Burger admitted.

Lawyer Gayle Horowitz said that after seeing professor Reval Siegal give a talk in D.C. on how different advocacy groups have cultivated support for their causes, regarding the abortion debate, she decided to go.

"I think there is a lot to learn," Horowitz said. "I hope a lot of people take something away from this."