Hostname: page-component-586b7cd67f-dlnhk Total loading time: 0 Render date: 2024-11-24T16:41:56.057Z Has data issue: false hasContentIssue false
  • English
  • Français

Webster and Women's Equality

Published online by Cambridge University Press:  24 February 2021

Dawn Johnsen  and
Marcy J. Wilder
Dawn Johnsen
Affiliation:
Yale Law School. Washington, D.C.
Marcy J. Wilder
Affiliation:
Stanford Law School
Get access Rights & Permissions [Opens in a new window]

Extract

The National Abortion Rights Action League (NARAL) and the Women's Legal Defense Fund (WLDF) co-authored an amicus curiae brief submitted to the United States Supreme Court in Webster v. Reproductive Health Services. The brief was authored on behalf of seventyseven organizations committed to women's equality. The brief argued that continued constitutional protection of a woman's fundamental right to choose abortion is guaranteed by the liberty-based right to privacy. Further, we argued that this right is essential to women's ability to achieve sexual equality. In order to participate in society as equals, women must be afforded the opportunity to make decisions concerning childbearing. Women's unique reproductive capabilities have long served as a principal justification for their unequal and disadvantageous treatment by the state. Restrictive abortion laws continue “our Nation['s] … long and unfortunate history of sex discrimination” by depriving women of the freedom to control the course of their lives.

Type
The Webster Amicus Curiae Briefs: Perspectives on the Abortion Controversy and the Role of the Supreme Court
Information
American Journal of Law & Medicine , Volume 15 , Issue 2-3 , 1989 , pp. 178 - 184
Copyright
Copyright © American Society of Law, Medicine and Ethics and Boston University 1989

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

†

This is a summary of the “Brief of Seventy-Seven Organizations Committed to Women”s Equality as Amici Curiae in Support of Appellees.” This brief may be found at Congressional Information Service Microfiche, United States Supreme Court Records and Briefs, Webster v. Reproductive Health Services, Card No. 35.

References

1 109 S. Ct. 3040 (1989).

2 Frontiero v. Richardson, 411 U.S. 677, 684 (1973).

3 Thornburgh v. American College of Obstetricians & Gynecologists, 476 U.S. 747, 772 (1986).

4 470 U.S. 753 (1985).

5 Id. at 761.

6 342 U.S. 165 (1952).

7 Id. at 172.

8 Risking the Future: Adolescent Sexuality, Pregnancy, and Childbearing 130 (C. Hayes ed. 1987).

9 410 U.S. 113 (1973).

10 381 U.S. 479 (1965).

11 405 U.S. 438 (1972).

12 Mo. Rev. Stat. § 188.205 (1988).

13 Deaconess Hosp. v. McRoberts, No. 874-00172 (St. Louis, Mo., Cir. Ct. May 21, 1987).

l4 Califano v. Webster, 430 U.S. 313, 317 (1977) (per curiam) (quoting Schlesinger v. Ballard, 419 U.S. 498, 508 (1975)).

15 Muller v. Oregon, 208 U.S. 412, 421 (1908).

16 Stanton v. Stanton, 421 U.S. 7, 14 (1975).

17 Califano, 430 U.S. at 317.

18 10 Pa. D. & C.3d 90 (Allegheny County 1978) (per curiam).

19 Id. at 91 (emphasis in original).