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The question of whether a young woman should be allowed to
terminate a pregnancy without her parents' knowledge has been one
of the most contentious issues of the post Roe v. Wade era.
Parental involvement laws reach to the core of the parent-teen
relationship in the highly contested realm of adolescent sexuality.
This is the first book to examine in thorough detail the
decision-making experiences of teens considering abortion.
Shoshanna Ehrlich evaluates the Supreme Court's efforts to
reconcile the historically based understanding of teens as
dependent persons in need of protection with a more contemporary
understanding of them as autonomous individuals with adult-like
claims to constitutional recognition. Arriving at a compromise, the
Court has made clear that, like adult women, teens have a protected
right of choice, but that states may impose a parental involvement
requirement. However, so that parents are not vested with veto
power over their daughters' decisions, young women must be allowed
to seek a waiver of the requirement. Integrating a wealth of social
science literature, including in-depth interviews with 26 young
women from Massachusetts who obtained court authorization for an
abortion, the book raises important questions about the logic of a
legal approach that requires young women to involve adults when
they seek to terminate a pregnancy, but that allows them to make a
decision to become mothers on their own.
An indispensable resource for students, scholars, and activists
concerned about current attacks on abortion rights, this book
offers an unmatched account of the emergence, consolidation, and
consequences of the antiabortion movement's paternalistic abortion
regret narrative. Abortion Regret explores the emergence and
consolidation of the antiabortion movement's paternalistic efforts
to "protect" women from abortion regret. It begins by examining the
19th-century physician's campaign to criminalize abortion and
traces the contours of the women-protective abortion regret
narrative through to the 21st century. Based on interviews, textual
analysis of primary sources, and a content analysis of state
antiabortion policy from 2010-2015, the authors argue that the
contemporary rise of the abortion regret narrative has armed the
antiabortion movement with a unifying and compelling strategy to
oppose abortion through a woman-centered approach. In addition to
covering the historical origins of our nation's criminal abortion
laws, the book covers topics that include the origins and growth of
crisis pregnancy centers, including recent efforts provide
perinatal hospice services; an analysis of leading Supreme Court
decisions on abortion; the emergence of the "pro-woman/pro-life"
antiabortion platform, including its deeply religious roots; the
infiltration of this position into the political and legal spheres
in the guise of a secular rationale for limiting access to
abortion; and an evidence-based rejoinder to the position that
abortion harms women. Examines the historical continuity of the
abortion regret narrative as a political strategy used to limit
women's access to abortion Asserts that the abortion regret
narrative is intimately tied to a gendered and paternalistic
construction of women's divine role as mothers Examines the
antiabortion movement's strategy to place the "grieving" mother at
the center of its oppositional narrative Uses interviews, textual
analysis of primary sources, and content analysis of state
antiabortion policies to trace the growing impact of the abortion
regret narrative Examines and reveals the antiabortion movement's
calculated political motivation for using the abortion regret
narrative as its primary strategy to oppose abortion rights
Starting with the mid-nineteenth-century campaign by the American
Female Moral Reform Society to criminalize seduction and moving
forward to the late twentieth-century conservative effort to codify
a national abstinence-only education policy, "Regulating Desire"
explores the legal regulation of young women s sexuality in the
United States. The book covers five distinct time periods in which
changing social conditions generated considerable public anxiety
about youthful female sexuality and examines how successive
generations of reformers sought to revise the law in an effort to
manage unruly desires and restore a gendered social order. J.
Shoshanna Ehrlich draws upon a rich array of primary source
materials, including reform periodicals, court cases, legislative
hearing records, and abstinence curricula to create an
interdisciplinary narrative of socially embedded legal change.
Capturing the complex and dynamic nature of the relationship
between the state and the sexualized youthful female body, she
highlights how the law both embodies and shapes gendered
understandings of normative desire as mediated by considerations of
race and class."
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