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READ INTO THE WORLD OF THE PLAY

The Women’s Liberation Movement and Second Wave Feminism of the 1960s, 70s, and 80s were in full swing during the time in which Roe takes place. Both of these movements helped drive many of the political ideas and court cases that went on to influence Roe v. Wade. Influenced by the Black Liberation movement, the Women’s Liberation Movement strived for equality of genders, women in the workforce, women's access to contraceptives, and women’s bodily autonomy. It was a period in history in which women were pushing to shift the public's view on women and reproductive issues. Women fought to have full control over their bodies, and to make women's issues that were previously private, public. Perhaps the two cases that set the stage for the legalization of abortion the most were 1965’s Griswold v. Connecticut and 1972’s Eisenstadt v. Baird, both of which expanded women’s rights to access contraceptives. These two cases brought women's health and reproductive issues to the public, going on to influence Roe v. Wade and many other decisions.

 

CLICK HERE TO VIEW ABORTION CASES TIMELINE 1959-1989

CLICK HERE TO LEARN WHO'S WHO IN THE ROE CASE

CLICK HERE TO VIEW VIDEO RESOURCES

CLICK HERE TO VIEW THE REMIND FACTS AND CITATIONS

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ABORTION TIMELINE

A SHORT ABORTION RIGHTS TIMELINE

1959-1989

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1959

First Draft of ALI Model Penal Code

The ALI, or, the American Law Institute, release the “First Draft of its Model Penal Code”, on May 21st, 1959. It’s the first action to abortion law reform by a reputable national group. The draft suggested changing state abortion laws to allow abortions in instances of rape, health of the mother (including mental health), deformity of fetus, and other extreme circumstances.

The Berkshire Eagle

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1965

Griswold v. Connecticut

Connecticut had passed a law in 1879 banning any and all forms of contraceptives. 82 years later, Estelle Griswold knowingly opens a birth control clinic and begins giving married couples birth control, consulting them, and informing them on contraceptives. Griswold does this in order to challenge the 1879 law. In court, it is ruled 7-2 that the constitution protects the privacy of married couples, and the contraceptives ban is unconstitutional. 

New Haven Register

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1967

ALI Penal Code In Action

Colorado and California become the first to reform their abortion laws, as recommended in the ALI Penal Code. Other states soon follow in the coming years.

The Iola Register

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1971

Thompson v. State

In a case against a physician who was thought to have provided an abortion to a woman, the State of Texas claims specifically that it is dedicated to protect fetal life. The court upheld the physician's conviction. 

The New York Times

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1972

Eisenstadt v. Baird

U.S Supreme Court rules that unmarried individuals have the right to contraceptives (a right married couples already had under Griswold v. Connecticut). 

U.S Reports

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1973

Doe v. Bolton 

1968 Georgia abortion laws had made abortions extremely difficult to get. The criteria for a woman to receive an abortion at a public hospital were:

·     There is physical evidence and documents proving the woman was raped OR

·     The life of the woman or fetus was in serious danger. 

If a woman met one or more of these criteria, then she had to go through the following steps:

·     The woman must confirm with three different physicians that she is meets the criteria to receive an abortion.

·     The woman’s physician must submit her case to a committee within the hospital who decides if the abortion is approved.

Even after this, relatives or lawyers could bring the woman to court, in which case she would have to wait for the opinion of a judge.


In 1970, Sandra Bensing was denied an abortion in public hospitals. She went to court to challenge these abortion laws under the name “Mary Doe”. The court eventually agreed that under Griswold v. Connecticut, women had a right to privacy, and therefore could receive abortions before the Second Trimester. However, many restrictions came with it. Doe’s team appealed, hoping to remove all the restrictions and limits. Roe v. Wade became Doe v. Bolton’s companion case. Eventually, the two are decided by the Supreme Court on the same day in January of 1973. The court upholds the right of privacy based on the 14th amendment, and abortion becomes legal until the age of viability. 

U.S Reports

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1973

Roe v. Wade

Roe v. Wade was under many of the same circumstances as Doe v. Bolton. In Roe v. Wade, Jane Roe, AKA Norma McCorvey, was a 21-year-old pregnant woman looking for an abortion. Sarah Weddington takes on the Texas abortion laws with Norma as the plaintiff. Weddington argues that under the 14th amendment, women have a right to liberty and to privacy, and abortion should be 100% legal with no restrictions. Wade, the defendant, aims to protect fetal life at time of conception. In the end, the court rules that unborn are not seen as persons according to the constitution. They rule that women have a right to privacy and therefore a right to abortions. However, they add that states could put limitations on the abortions. 

The New York Times

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1989

Webster v. Reproductive Health Services

Missouri law had introduced a series of limitations on abortion. It defined life as beginning at conception, and prohibited public funding, employees, and facilities from use for abortions. Other restrictions included a law that said the chance of the child’s survival outside the womb must be calculated and told to the woman. The Supreme Court and the lower courts both rule that the laws are constitutional, and that the state has the right to uphold these limitations.

The New York Times

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WHOS WHO

WHO'S WHO?

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REPRESENTING "ROE"

Sarah Weddington was born in Abilene Texas in 1945 to a Methodist family. Weddington attended McMurry University where she received a Bachelors in English. After, she attended University of Texas School of Law, being only one of forty women in a class of 1,600. Around this time, Weddington became pregnant by her soon-to-be husband Ron Weddington, and went through with an illegal abortion across the Mexican border. At this time, Weddington was a part of a group of University of Texas students who gathered information on abortion laws in various states so that they could provide safe and correct information for women looking for abortions. This is when she started researching anti-abortion laws, and decided she wanted to challenge them. During this time, Norma (Roe) was referred to Weddington and Linda Coffee. Coffee was a former classmate of Weddington's who had also been researching abortion laws in Texas. 

After Roe v. Wade, Weddington served in the Texas House of Representatives. In the late 70s, she served under President Jimmy Carter as his assistant, and worked on women’s issues for the administration. She was a professor at the University of Texas for close to 30 years, and General Counsel at the US Department of Agriculture in 1973. She continues her pro-choice activism and advocates for safe abortions to this day.

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REPRESENTING TEXAS

Henry Wade was born in 1914 in Texas. He studied law at the University of Texas and served in the Navy during World War II. Wade was the district attorney of Dallas county, Texas for 36 years, which is how he came to represent Texas in Roe v. Wade. Other than Roe v. Wade, he is probably most well-known for his involvement in the JFK assassination case, where he was meant to try Lee Harvey Oswald. After Oswald’s own death, Wade prosecuted Oswald's murderer, Jack Ruby, which lead to Jack Ruby being sentenced the death penalty. Wade died in 2001.

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PLAINTIFF, "ROE"

Norma McCorvey was born in Simmesport, Louisiana in 1947. Her mother, known to be an alcoholic, was physically and emotionally abusive throughout Norma’s childhood. Norma’s father left the family when she was a young teen. At 15, Norma and her family moved to Texas where she was sexually abused and raped by a cousin. Shortly after, Norma dropped out of school and was soon married to her first husband, Woody McCorvey, at only 16. He, too, would sexually and physically assault her. After leaving him, she gave birth to her first child, Melissa. Norma’s mother, Mary, presented custody release papers to Norma. Norma, unaware they were adoption papers and possibly under the influence, signed them, releasing her child into Mary’s care. A year later, Norma became pregnant again, giving her second child up for adoption.

 

When she became pregnant for the third time, Norma was 21. After failed attempts to receive a legal abortion, Norma went to Henry McCluskey, an adoption lawyer, who referred her to Weddington and Coffee. And so, the case of Roe v. Wade began. Norma did not attend the trials. She also never got her abortion, instead putting her third child up for adoption. She came forward as Roe after the case and spoke out about being pro-choice and advocated for abortion rights. 

Later in her life, Norma found her way to the Christian Church, influenced heavily by Operation Rescue and their Dallas leader, Flip Benham. At this time, Norma and her partner of 24 years, Connie, stopped their romantic relationship due to Norma’s new religious beliefs. At this time in her life, Norma spoke against abortion, advocating for various pro-life and Evangelical organizations. 

Towards the end of her life, McCorvey retracted many of her beliefs in the pro-life and Evangelical movement, claiming in a ‘deathbed’ confession that the church paid her and used her to further expand their rhetoric, as did, she claims, the pro-choice movement. Norma passed away in 2017, shortly after this confession.

Image by Claire Anderson
Operation Rescue 1991
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MEDIA

MEDIA RESOURCES

Law

REMINDS + CITATIONS

For this performance of Roe, audience members will have the opportunity to experience additional facts, statistics, and information about the world of the play. This information will be provided via Remind, a free, safe messaging platform that sends texts right to your phone in real time. These texts will be sent during the duration of the performance, and will provide engaging images, messages, and facts to enhance our storytelling. The following are the facts presented during Roe, and their sources.

Reminds

Before Roe v. Wade, about 200 women died each year to unsafe, illegal abortions. 
 

As of 2021, there are only 15 Lesbian bars left in the entire U.S.

Sarah Marloff, “The Rise and Fall of America's Lesbian Bars". 


Our Bodies, Ourselves is a book written by a group of Boston women. The book discussed taboo topics such as women’s sexuality, reproductive rights, contraceptives, and more. It was first published in 1970. 
 

In 1964, NYU found that 90% of all law firms refused to even interview women for law positions. 

Source: Cynthia Grant Bowman, "Women in the legal profession from the 1920s to the 1970s: What can we learn from their experience about law and social change".

Henry McCluskey may be the reason we have Roe v. Wade today. Linda Coffee began researching abortion laws after helping McCluskey research Texas sodomy laws, and this is how she came to join Sarah Weddington to challenge Texas abortion laws. 


Doe v. Bolton was so similar to Roe v. Wade, it became Roe’s companion case, and both were decided on the same day in 1973. In Doe v. Bolton, the court upheld the right of privacy based on the 14th amendment, and abortion was legal until the age of viability. 

Twenty-four weeks refers to the age of viability, which is when the fetus has a chance at surviving birth. 


Forced sterilization was most common on the poor, disabled, or people of color. Black women were especially disproportionately affected by forced sterilization. The last legal forced sterilization in the U.S was performed in 1981.

Source: Tom Head, “100 Years of Forced Sterilizations in the U.S".


Roe v. Wade was decided by nine men. The first female Supreme Court Justice did not serve until 1981, nearly 10 years after the Roe decision. 


In Thompson v. Texas, Texas’s insistence on protecting fetal life led to the conviction of a physician, who was accused of performing an abortion. 


The two dissents were by Justice White and Justice Rehnquist. Their dissent in part states, “The Court apparently values the convenience of the pregnant mother more than the continued existence and development of the life or potential life that she carries...Texas statute is not constitutionally infirm because it denies abortions to those who seek to serve only their convenience rather than to protect their life or health”. 

Source: "MR. JUSTICE WHITE, with whom MR. JUSTICE REHNQUIST joins, dissenting".


When Norma revealed to Connie she was Roe, Connie responded with, “Yeah, and I’m the Pope.”

Source: Alex Witchel, "AT HOME WITH: Norma McCorvey; Of Roe, Dreams And Choices". 


In 1989, Webster v. Reproductive Health Services ruled that Missouri’s law that set many limitations on abortion was constitutional, and Missouri upheld these limitations.

 

Famous women’s rights attorney Gloria Allred became Norma’s attorney. In 2020, Allred stated in a press release that she and Norma had maintained a mutual and respectful friendship throughout Norma’s life. 

Source: Gloria Allred, "Statement of Attorney Gloria Allred Concerning the 'Jane Roe' FX Documentary".


About her abortion, Weddington stated: “Ron squeezed my hand, and I was on my way to put my life, my future, in the hands of strangers. I was one of the lucky ones.”


The CDC found in 2014 that only 1.4% of abortions were done after 21 weeks. 

Source: Planned Parenthood, "ABORTION AFTER THE FIRST TRIMESTER in the United States".

According to their website, “Operation Rescue continues to work across the nation using peaceful, legal means to uncover abortion clinic wrong-doing, expose it to the public, and bring the offending abortionist to justice.”

Source: Operation Rescue, "History". 

S
David Gunn was murdered in Florida in 1993 by anti-abortionist Michael Frederick Griffin. Gunn was an OB-GYN. Griffin stated that the murder was an “act of God.” Since 1993, there have been 11 abortion clinic/physician murders.  

Clarence Thomas is an Associate Justice of the Supreme Court, nominated under George W. Bush. As recently as 2020, Thomas has stated Roe v. Wade does not have constitutional support and has compared abortion and birth control to eugenics.

Even Norma’s daughter, Melissa, reports that Norma would introduce Connie differently to her each time, calling her “aunt,” “cousin,” and “godmother.”

Source: Joshua Prager, "Tracing the Life of Norma McCorvey, “Jane Roe” of Roe v. Wade". 

A 2013 study found that one third of women were impacted negatively by Texas’s 24-hour waiting period. 

Source: "The Texas Policy Evaluation Project, "Impact of Abortion Restrictions in Texas Research Brief". 

Our president, as of 2021, is pro-choice. 

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