Reading from the text: Gendered identities and the United States Supreme Court

Through the vehicle of the United States Supreme Court landmark decisions on abortion, this essay discusses the meaning of female identity in twentieth century America. Ending an era of “romantic paternalism” in 1973, Roe v. Wade gave women the Constitutional right to an abortion, a right which placed her within the custody of the medical expert. The medical community had been a vocal proponent for abortion reform and medical discourse was easier than feminist discourse for the public to accept. Post Roe conservative churches and the New Right launched major campaigns to have the law repealed. In 1992, in a compromise position, the Supreme Court in Casey again recognized the Constitutional right to an abortion, but inserted the power of the state as the ultimate decision‐maker in place of the physician. At the same time, the unborn fetus entered legal discourse to challenge a woman's claim to personhood.

Key words:

• United States Supreme Court
• gender
• abortion
• patriarchy
• law