January 22, 2013 marks the 40th anniversary of the Roe v. Wadedecision. All month, we’ll be running posts examining various aspects of this landmark ruling. If you’d like to contribute, let us know!
Today’s guest post is by Emily Martin, Vice-President and General Counsel, National Women’s Law Center; and Cortelyou Kenney, a Fellow at the Center.
What most people know about Roe v. Wade is that it is the landmark decision establishing a woman’s right to end a pregnancy. What is less well known is that the decision strengthened the legal foundation on which other protections are based as well. In Roe, the Supreme Court solidified the “right to privacy” as part of the liberty protections under the Fifth and Fourteenth Amendments. This protection of liberty and privacy is responsible for certain fundamental guarantees—including the rights to obtain birth control and to procreate, to marry, to develop family relationships, to rear one’s children, and to create intimate relationships. While the concept of a constitutional “right to privacy” predates Roe, Roe is an important affirmation of and foundation for these rights—rights that could be threatened if it were overturned.