1. A New Green Wave: Lessons from Argentina's Marea Verde for Legalizing Abortion over Religious Opposition in the United States.
- Author
-
Peck, Morgan
- Subjects
Balancing tests (Law) -- Analysis ,Conservatism -- Analysis ,Judicial process -- Comparative analysis ,Religion and law -- Analysis ,Dignity -- Analysis ,Legislation -- Comparative analysis ,Constitutional law -- Interpretation and construction ,Abortion -- Religious aspects -- Access control -- Laws, regulations and rules ,Persons (Law) -- Laws, regulations and rules ,Dobbs v. Jackson Women's Health Organization (142 S. Ct. 2228 (2022)) ,Government regulation - Abstract
TABLE OF CONTENTS I. INTRODUCTION. 1386 II. BACKGROUND 1388 A. The Establishment of--and Attacks on--the Right to Abortion in the United States. 1389 B. The Slow Creation of Abortion Rights [...], The reproductive rights arena has experienced great upheaval in recent years, particularly regarding access to legal abortion. This Note analyzes recent notable reversals of domestic abortion law: Argentina's 2020 legalization of elective early-term abortions and the US Supreme Court's 2022 overruling of a constitutional right to an abortion. This analysis studies the impact of religion, particularly Catholicism, on abortion rights in both countries in order to determine how to overcome and even leverage religion to build more robust abortion rights in a post-Dobbs United States. US abortion rights advocates should follow the successful strategy of la Marea Verde in Argentina of national legislation enshrining abortion rights. In order to leverage the support of the religiously affiliated US voting populations who may be left out of the mainstream abortion debate (e.g., those who are anti-abortion but pro-choice), such legislation should enshrine views and policies that support the life and dignity of the pregnant (and later parenting) person and their children.
- Published
- 2023