‘The Freedom’ that divided America
By Jozo Grbeš, OFM

We live in a democracy, in a society of ag-reements and the power of the majority. The majority has the rights, the law, and the power. Modern democracy is founded on the principle that the laws which determine our lives are legitimate as long as they have public support or popularity. Changes come along after the laws lose support. Therefore, laws should express the will of the people. But what is the will of the people? Who really knows it?

In Western democracies the will of the people is most often expressed in the media, and the media transfers it to the consciousness of politicians who make the laws. Rarely is the will of the people tested exclusively by a referendum. The media is the main mediator in expressing the condition and will of the general population. Money and the rhetoric of special interest groups still dominate the media’s force. It is clear that the law is not the fundamental problem, nor the final solution to a problem. Especially in the case of abortion in the U.S., one can see the polarization determined by special interests and the law. Why is it important to discuss this question? Mainly, because today the influence of the U.S. in the world is huge. The rest of the world is simply a copy of America in law, media, television, entertainment, business, and many other areas of everyday life. Hence, whatever America does or does not do is very important. Abortion is one of the questions that has divided the world.

History and Testimony

What has happened to America regarding abortion?

America established the law of abortion in 1973 after the famous Roe vs. Wade case. Abortion was legalized, and a few states can only make some restrictions. In reality the law stated that the choice concerning abortion during the first three months of pregnancy should be exclusively between the woman and her doctor. How did America approach this question before this historical decision? It is interesting that from its beginning America was a pro-life country, protecting life legally in all its phases. So writes James Wilson, one of the signers of the Declaration of Independence, “Human life is protected by Common Law. It is protected not just from real destruction, but also from every degree of danger. It begins the moment when the infant is first able to stir in the womb.”

Different laws against abortion first appeared in 1820. In 1821 the State of Connecticut passed a law to fight against those who sold women poison to kill the foetus. Soon the State of New York followed suit, as did other states. It is interesting that many famous feminists like Susan Anthony and Elizabeth Cady Stanton were against abortion. Susan Anthony even wrote, “Guilty, no matter what the motive, a woman who does this is terribly wrong. It will be a burden on her conscience and her soul in death, but the one who forced her into this desperate act because of his own lust is also guilty!”

Until 1900 abortion was illegal in every state. So it was until 1967 when the State of Colorado legalized abortion mostly in cases of rape and incest. Similar laws followed in the rest of the states. And then along came 1973 when Roe vs. Wade made abortion a right of privacy. The court also concluded that the embryo or foetus in the first trimester is not a person by law. The law became a landmark and influenced many other countries around the world. Jane Roe, whose real name is Norma McCorvey, later became a great spokesperson for the anti-abortion movement. She repeatedly maintains that she never had an abortion, and that she was just a toy in the hands of two young lawyers.

The full article can be found on pages 58-63 of Vol 3
2007 issue.