The 1970s—a decade notably defined in the United States by disco beats, bell bottoms, and of course, significant political turbulence. Marked by the legal milestone of Roe v. Wade (1973) that legalized abortion across the nation, the 1970s represents a time of cultural shifts that challenged norms of female reproductive freedom, gender, and sexual liberation. History illustrates how the past often serves as a productive tool to better examine the present, and abortion, as well as the right to privacy, continue to be prominent points of political tension in the modern day. This paper seeks to illuminate the foundations of the United States abortion rights and second-wave feminist movements of the 1970s to illustrate how sentiments of the past continue to shape cultural norms and understandings of women’s autonomy and reproductive freedom in the modern age.
“The Person is Political”
The monumental legalization of abortion in 1973 did not occur within a vacuum. The abortion movement had already been picking up steam before the Supreme Court’s decision, as recognized in a variety of notable works by feminist authors. As the second wave of feminism grew in the United States, new arguments and ways of thought regarding the bodily autonomy of women spread largely through word of mouth, as well as through publications.
“Women and their Bodies” (1970), a 193-page booklet published by the New England Free Press, discussed female sexuality and pregnancy termination innovatively and provocatively. This was a revolutionary publication as it was risky to distribute; abortion was illegal at the time (“Women and Their Bodies” n.d.). Although the procedure was considerably taboo, that did not stop women from taking an interest in the political discussions of female bodily autonomy in the pamphlet. It sold over 200,000 copies despite all selling of the work done completely underground (“Women and Their Bodies” n.d.). The spread of amateur works such as “Women and their Bodies” (1970) was monumental to the feminist movement during the 1970s as such literature contributed to the public opinion of female bodily autonomy shifting more in favor of abortion and birth control becoming socially acceptable.
“The person is political”, a popularized slogan at the time, is often recognized as a defining sentiment for second-wave feminism during the late 60s into the 70s. Originally coined by feminist writer Carol Hanisch in 1969, “the person is political” centered around the notion that individual experiences of bias or discrimination, especially as women or other marginalized groups, are all a part of larger political and societal structures. The paper by Hanisch outlined the intersection of personal experiences and political goals (Hanisch 2006).
As it pertains to women’s liberation, Hanisch insists that women ought to see their common struggles, whether they be related to reproductive freedom, equal pay, or maternal healthcare, as part of a larger system rather than as private or individualized hurdles. Coming together to form a movement, in the eyes of Hanisch, is most necessary in order to tackle outstanding systemic inequalities highlighted by feminist thought. Before the popularization of Hanisch’s phrase, many political areas pertaining to women’s issues were considered to be private in nature, but her work as an activist aided in cultural changes that allowed for women’s issues to be spoken about more openly and authentically.
Hanisch’s impact with her innovative thought on the place of women’s issues in the political sphere also gained popularity in other movements. As the slogan gained more traction and the ideas behind it began to spread, the concept bled into other movements such as the Civil Rights, Student, Anti-War, and Black Power Movements (Hanisch 2006). The transcendence of “the person is political” in these other movements illustrates that personal experiences of discrimination are not isolated, but rather intersected between a person’s identity as it pertains to class, race, and gender. This concept, now understood to be intersectional feminism, has gained more prominence in feminist discourse since the 1970s.
Roe v. Wade (1973) and the Significance of Public Opinion
Although Roe v. Wade (1973) centered around abortion rights, the true nature of the argument taken on by the court was centered around privacy rights. The decision effectively declared a Texas state law unconstitutional–one that identified a fetus as a human being entitled to equal protection under the due process clause of the 14th Amendment. The Texas law thus criminalized abortion procedures unless it was necessary to save the life of the mother (Temme 2022).
The decision was 7-2 and issued by Justice Harry Blackmun in January of 1973. The court found that although the state of Texas has a legitimate interest in protecting human life, the 14th amendment holds a fundamental right to privacy, and the state may not interfere with a woman and her healthcare provider’s decision to terminate a pregnancy within the first trimester (“Roe v. Wade” n.d.)
A fundamental factor of the Supreme Court’s design serves as an attempt for it to remain nonpolitical and uninfluenced by partisanship or public opinion: lifetime appointments–a practice received with mixed opinions by the American public (“Statement of the Court Regarding Code of Conduct” 2023). Some hold the opinion that the structure of the court, including its signature lifetime appointments of justices, is important to protect presiding justices from political pressures that may sway their decision-making. However, others feel the lifetime appointment of justices dismisses the opportunity for judicial accountability and hinders the ability of laws to adjust with the times, properly representing changes to societal norms.
This long-standing debate has been and continues to be intermingled with the abortion movement, as many feel a body of nine non-elected justices should not have a final say in decisions that create irrefutable legal precedent. Legal scholars find that in instances where public opinion is noncongruent with the opinion of the court, policy often tends to “lean more conservative than desired by voters” (Lax & Phillips 2009), and this noncongruence can cause an erosion of trust due to feelings of inadequate representation among the public.
To this point one may ask: if the Supreme Court of the United States is supposed to be non-political in nature, how is it possible that the feminist movement present in the 1970s had any influence on the Court’s decision to legalize abortion? How does mobilization make a difference in a political system where the judicial branch is designed to ignore pressure from the public? To answer, many feminist scholars would argue that although the feminist movement did not directly command the Court’s decision, new and innovative legal arguments in support of the right to privacy as seen in Roe were built upon the growing sentiment within the public that a woman should have the right to decide between motherhood for herself. Legal scholarship supports the idea that public opinion shapes legal outcomes in the Supreme Court, but the exact reasoning or explanation of this phenomenon remains in a bit of a grey area (Epstein & Martin 2012). Although there is speculation, no one will know for certain if the Roe decision was ultimately influenced by this societal shift; however, the impact of the work of feminists during the 1970s continues to shape modern-day legal arguments for abortion and rights to privacy.
Since the era of ABBA and the disco tech, we now live in a world where Roe v. Wade has been overturned (Supreme Court of the United States 2021). The decision in Dobbs v. Jackson’s Women’s Health Organization (2021) found the Constitution to not “…confer a right to abortion” (Dobbs v. Jackson’s Women’s Health Organization n.d.) and this reversal of legal precedent has resulted in nationwide conversations that beg the question as to whether or not the right to abortion access falls under one’s right to privacy. Notably, the Dobbs decision is widely unpopular, and the decision in Dobbs was not met with majority support by the American public (Galston 2022). The discourse regarding the laws of privacy and female bodily autonomy mirrors that of the 2nd wave feminism movement of the 1970s, and looking back at this monumental time in history serves as a guide for new pathways to conversation about this widely contentious policy area.
Amanda Escotto, Managing Editor, is a candidate for a Master of Public Administration through the university’s 4+1 program. She is from Hastings-on-Hudson, New York, and loves to listen to music and paint in her free time. With a background as a copy editor for Happy Medium and previous involvement in two congressional campaigns, Amanda has honed her skills in political communication. She spent the past summer in Washington D.C. assisting a researcher at the Library of Congress. Amanda is especially passionate about congressional procedure, education, elections, and civic engagement. She plans to dedicate her career to the public sector.
References
Dobbs v. Jackson Women’s Health Organization. (n.d.). Oyez. Retrieved December 25, 2023, from https://www.oyez.org/cases/2021/19-1392
Epstein, L., & Martin, A. D. (2012). Does Public Opinion Influence the Supreme Court? Possibly Yes (But We’re Not Sure Why). University of Pennsylvania Journal of Constitutional Law, 13(263), 263–281. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2087255
Galston, W. A. (2023, June 24). Roe v. Wade overturned despite public opinion. Brookings. https://www.brookings.edu/articles/roe-v-wade-overturned-despite-public-opinion/
Hanisch, C. (2006, January). The Person is Political: The Women’s Liberation Movement with a new explanatory introduction. The personal is political: The original feminist theory paper at the author’s web site. https://www.carolhanisch.org/CHwritings/PIP.html
LAX JEFFREYR, PHILLIPS JUSTINH. Gay Rights in the States: Public Opinion and Policy Responsiveness. American Political Science Review. 2009;103(3):367-386. doi:10.1017/S0003055409990050
Our Bodies Ourselves Today. (2023, November 6). History & legacy. Our Bodies Ourselves. https://www.ourbodiesourselves.org/about-us/our-history/
Roe v. Wade. (n.d.). Oyez. Retrieved December 21, 2023, from https://www.oyez.org/cases/1971/70-18
Supreme Court of the United States Statement of The Court Regarding the Code of Conduct . Supreme Court of the United States. (2023, November 13). https://www.supremecourt.gov/about/Code-of-Conduct-for-Justices_November_13_2023.pdf?wpisrc=nl_powerup
Supreme Court of the United States.Dobbs v. Jacksons Women’s Health Organization (2022, June). https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
Temme, L. (2023, March 17). Roe v. Wade Case Summary: What You Need To Know – Findlaw. FindLaw. https://supreme.findlaw.com/supreme-court-insights/roe-v–wade-case-summary–what-you-need-to-know.html
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