Individual Rights

1. Individual Rights

2. Abortion • Abortion is the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo before viability. • An abortion can occur spontaneously, in which case it is often called a miscarriage, or it can be purposely induced. • The term abortion most commonly refers to the induced abortion of a human pregnancy.

3. Battle over Abortion • Abortion has been the subject of an intense and nationwide debate over its morality and constitutionality • Throughout much of U.S history the practice of terminating pregnancies was a personal or local issue • By early 20thce almost all states had laws making it a criminal offense to perform or attempt to perform an abortion during any part of a pregnancy • Some states allow the procedure when a woman’s life was in jeopardy

4. Abortion in the 1960s • Abortion debate first gained greater attention during 1960s as one of a number of issues dealing with sexual, political and economic freedoms of women • By late 1960s 13 states permitted abortion: • In cases where the women’s health was at risk • In cases of rape or incest • In cases where fetus suffered from a severe defect • Alaska, Hawaii, NY and Washington allowed a woman to receive an abortion whenever she and her doctor decided it was needed • For states that only allowed the procedure in cases of life-threatening situations, many women resorted to illegal and often deadly self-induced terminations

5. Aftermath of Roe v. Wade • In 1973 the legal landscape changed when the Supreme Court handed down its decision in Roe v. Wade • Granted women constitutional right to abortion until the fetus was able to survive outside the womb- roughly 24 weeks into the pregnancy (5 months) • Also stated that states could not pass laws or regulations blocking access to abortion- once fetus could survive outside the mother’s womb state could limit access to abortion as long as exceptions put in for endangerment of mother’s life/health

6. Aftermath of Roe v. Wade • In 40 years since the case it has become one of the most important Supreme Court cases • Took regulation of abortion out of the hands of the state setting off a political and cultural firestorm that continues today • Many states have passed laws aimed at regulation and limiting abortion • Some require minors to notify and/or obtain consent from a parent/guardian • Some limit late-term abortions known also as “partial-birth abortion” • 2003 Congress passed nation-wide ban on partial-birth abortion • Challenged in federal court but in 2007 Supreme Court ruled that the law was constitutional

7. Where Does NJ Stand? • As of April 1, 2014, New Jersey does not have any of the major types of abortion restrictions—such as waiting periods, mandated parental involvement or limitations on publicly funded abortions—often found in other states

8. Evolution of Gay Rights • Prior to the 60s gays and lesbians in the U.S has no legal protection and little voice or advocacy • Very few businesses would serve openly homosexual people and many were discharged from the military and gov’t jobs because of suspicions they were homosexual • Homosexuality was considered un-Christian, un-American and gays were linked to anarchists and communists • Gay rights civil movement began in the 60s when other fights for racial and gender equality were taking place

9. Activism Around AIDS • AIDS epidemic of the 1980s devastated the gay male community • But it also led to more activism and unity since many gays felt the disease was ignored by the gov’t, medical community and society • ACT UP (AIDS Coalition to Unleash Power) became the first AIDS advocacy org committed to ending the crises through direct action • Many gays “came out” during this period and the slogan “Silence=Death” became popular

10. Activism Around AIDS • By early 1990s the gay rights movement has become influential • Human Rights Campaign (HRC), organized in the 80s, would become the largest LGBTQ equality-rights advocacy and political lobbying group in the U.S • HRC lobbied hard for the repeal of the ban on gays and lesbians from serving in the military and succeeded in 2012

11. Gay Marriage in the Spotlight • The right to marry has become the overriding gay rights issues from the early 2000s until today • 2003: Massachusetts became the first state to legally allow gays and lesbians to wed • Debate over marriage began with the 1993 ruling by the Supreme Court of Hawaii that overturned the state’s ban on gay marriage • In 1996 Congress passed, and President Clinton signed, the Defense of Marriage Act (DOMA) which protected states from having to recognize a gay marriage legally performed in another state

12. Gay Marriage in the Spotlight • DOMA also defined marriage, for purposes of federal law, as a union between a man and a woman • As a result same-sex couples were not eligible for the same federal benefits that married heterosexual couples receive • Today 29 states have language in their constitutions prohibiting same-sex marriage • Since 2009: Iowa, Maine, Maryland, New Hampshire, New York, Vermont, Washington, California and DC have enacted laws making gay marriage legal

13. U.S Constitution guarantees gays and lesbians the right to marry. Agree Disagree • 14th Amendment guarantees “equal protection” • Denying gays and lesbians the right to marry does not help heterosexual couples or advance any public policy goals • Banning gay marriage constitutes unequal treatment-unconstitutional • Just because gay-rights activists have decided to alter the definition of marriage does not mean the Const must guarantee as a right • Declaring gay marriage a “constitutional right” will lead to demand for similar treatment for polygamous, incestuous and other unorthodox relationships