Americans' Abortion Law Approval: The Verdict

Abortion has long been a contentious issue in the United States, and it continues to sharply divide Americans along partisan, ideological, and religious lines. While public support for legal abortion has fluctuated over the years, it has remained relatively stable in recent times. Currently, a majority of Americans believe that abortion should be legal to some degree, and a majority self-identify as pro-choice.

Americans' views on the legality of abortion

A Pew Research Center survey from March 2022 found that 61% of U.S. adults support abortion being legal in all or most cases, with a slight majority of 51% favouring expansive abortion rights. This survey also revealed that the partisan divide on abortion has widened over the years, with Democrats and Democratic-leaning independents being 42 percentage points more likely than Republicans and Republican leaners to support legal abortion.

A similar pattern is observed when considering religious affiliation. White evangelical Protestants are the most opposed to abortion, with about three-quarters thinking it should be illegal in all or most cases. In contrast, the religiously unaffiliated, Black Protestants, and non-evangelical White Protestants largely support legal abortion.

While the majority of Americans support abortion being legal to some extent, they also favour certain restrictions. Support for abortion varies depending on the stage of pregnancy, with two-thirds supporting first-trimester abortions but only a minority backing second and third-trimester abortions. Additionally, Americans are divided on whether doctors or women should face legal penalties for performing or obtaining abortions illegally.

Overall, Americans' views on the legality of abortion are nuanced and influenced by various factors, including political affiliation, religion, and the specific circumstances surrounding abortion.

The Supreme Court's decision to overturn Roe v. Wade

The decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, was made possible by the conservative majority in the Supreme Court. Justice Samuel Alito, writing for the majority, argued that abortion is not a legitimate unenumerated right – that is, a right not explicitly stated in the Constitution. Alito claimed that the only legitimate unenumerated rights are those "deeply rooted in the Nation's history and tradition" and "implicit in the concept of ordered liberty". This interpretation sets a high bar for recognizing unenumerated rights and discounts the rights of historically marginalized communities, including women, people of color, and LGBTQ+ individuals.

The impact of the decision has been far-reaching. Abortion rights are now being decided on a state-by-state basis, with varying outcomes. Several state constitutions have been interpreted by state high courts to guarantee the right to abortion or provide stronger protection than the federal constitution. On the other hand, many states have made abortion illegal or severely restricted access. This has resulted in a lack of uniformity in abortion laws across the country, with women in some states having greater access to abortion services than others.

Public opinion polls show that a majority of Americans disapprove of the Supreme Court's decision to overturn Roe v. Wade. According to a Pew Research Center survey conducted in June 2022, 57% of Americans disapproved of the ruling, while 41% approved. These views cut across party lines, with 82% of Democrats and 70% of Republicans expressing disapproval. Additionally, 62% of Americans say that abortion should be legal in all or most cases, indicating broad support for abortion rights despite the Supreme Court's ruling.

Support for abortion rights by trimester

According to a May 2023 survey, about two-thirds of Americans (69%) believe abortion should be legal in the first trimester, while support drops to 37% for the second trimester and 22% for the third. A majority of Americans oppose legal abortion in the second (55%) and third (70%) trimesters.

A May 2024 Gallup update on Americans' abortion views found that 35% believe abortion should be legal "under any circumstances", 50% say it should be legal "only under certain circumstances", and 12% say it should be "illegal in all circumstances".

A 2022 Pew Research Center survey found that 44% of Americans believe abortion should be legal at six weeks, 34% at 14 weeks, and 22% at 24 weeks.

An AP-NORC poll from October 2024 found that 61% of Americans believe abortion should be legal in most or all circumstances in the first trimester, 65% say it should be illegal in the second trimester, and 80% in the third trimester.

While most Americans believe abortion should be legal to some degree, there is variation in support for abortion rights depending on the trimester.

First Trimester

The first trimester refers to the first three months of a woman's pregnancy, or the first 12 weeks after the last menstrual period (LMP). A majority of Americans (61%-69%) believe abortion should be legal in most or all circumstances during this stage.

Second Trimester

The second trimester begins at week 13 or 14 and lasts until week 27 or 28. Support for abortion rights drops significantly in the second trimester, with 34%-37% of Americans believing it should be legal in most or all cases. A majority (65%-70%) think it should be illegal during this stage.

Third Trimester

The third trimester starts at week 28 or 29 and lasts until birth. Only a small minority of Americans (19%-22%) believe abortion should be legal in most or all circumstances during this stage, with a large majority (70%-80%) saying it should be illegal.

The morality of abortion

From a moral standpoint, some argue that abortion is wrong because it deprives a fetus of its future. This argument, presented by Donald Marquis, claims that killing individuals is wrong as it takes away their future prospects and opportunities. Marquis asserts that a fetus has a future similar to that of a competent adult, and thus abortion is only justifiable in extreme circumstances. This perspective raises the question of whether a fetus can be considered a person with the same rights as a born individual.

Others argue that abortion is morally acceptable, particularly in certain situations. For instance, many believe that abortion should be an option if the pregnancy endangers the life or health of the mother, or if it is a result of rape. Additionally, some argue that the decision to have an abortion belongs solely to the pregnant woman, and that her autonomy and welfare should be prioritized. This perspective emphasizes the potential physical and mental health risks associated with carrying an unwanted pregnancy to term.

In conclusion, the morality of abortion is a multifaceted issue that elicits a range of opinions. While some view abortion as morally wrong due to the deprivation of the fetus's future, others argue that it is morally acceptable, especially in specific circumstances that prioritize the health and autonomy of the pregnant individual. The complexity of this issue is reflected in the varying degrees of support for abortion at different stages of pregnancy and under different conditions.

The influence of religion on abortion views

Religion plays a significant role in shaping Americans' views on abortion, with religious arguments often used by opponents of abortion rights. The three largest religious groups in the US are non-Catholic Christians (Protestants), Catholics, and those with no religious identity ("nones"). While Protestants and Catholics share similar attitudes, with around a quarter saying abortion should be illegal in all circumstances, those with no religious identity are much more accepting, with only 5% holding this view.

Within these religious groups, there are also differences based on individual religiosity. More religious Protestants and Catholics are more likely to oppose abortion in all circumstances, with 41% of Protestants and 43% of Catholics who attend church weekly taking this stance. This pattern is reflected in the general US population, where more religious individuals are more likely to oppose abortion.

Among religious groups, White evangelical Protestants are the most opposed to abortion, with nearly three-quarters saying it should be illegal in all or most cases. They are also more likely than other religious groups to believe life begins at conception, and their views are strongly influenced by their religious beliefs. In contrast, religious "nones" are the most supportive of abortion rights, with over 80% saying it should be legal in all or most cases.

While Christianity, Islam, and Judaism have varying views on abortion, there is no single "religious view" on the issue. For example, while the Catholic Church officially opposes abortion and artificial birth control, surveys show that the majority of US Catholics believe abortion should be legal in all or most circumstances. Similarly, some Muslims believe abortion is never permitted, while others allow it until "ensoulment," which is often placed at 120 days' gestation. Jewish tradition also has debates about when "ensoulment" occurs, and while abortion is generally permitted to save the life of the mother, there are differing views on abortion when her life is not at risk.

In summary, while religion plays a significant role in shaping abortion views in the US, there is no one-size-fits-all "religious view." Americans' attitudes towards abortion are complex and influenced by a range of factors, including personal religiosity, political identity, and demographic characteristics.

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