After 40 years, Roe v. Wade's legacy is deep divide across U.S.

By David Crary

Associated Press

Published: Monday, Jan. 21 2013 11:55 p.m. MST

FILE - In this Sunday, Jan. 22, 2012 file photo, people with the group "Bound 4 Life" pray for an end to abortions outside of the U.S. Supreme Court in Washington on the 39th anniversary of the court's landmark Roe vs. Wade decision which legalized abortion. (AP Photo/Jacquelyn Martin, File)

Associated Press

NEW YORK — By today's politically polarized standards, the Supreme Court's momentous Roe v. Wade ruling was a landslide. By a 7-2 vote on Jan. 22, 1973, the justices established a nationwide right to abortion.

Forty years and roughly 55 million abortions later, however, the ruling's legacy is the opposite of consensus. Abortion ranks as one of the most intractably divisive issues in America and is likely to remain so as rival camps of true believers see little space for common ground.

Unfolding events in two states illustrate the depth of the divide. In New York, already a bastion of liberal abortion laws, Gov. Andrew Cuomo pledged in his Jan. 9 State of the State speech to entrench those rights even more firmly. In Mississippi, where many anti-abortion laws have been enacted in recent years, the lone remaining abortion clinic is on the verge of closure because nearby hospitals won't grant obligatory admitting privileges to its doctors.

"Unlike a lot of other issues in the culture wars, this is the one in which both sides really regard themselves as civil rights activists, trying to expand the frontiers of human freedom," said Jon Shields, a professor of government at Claremont McKenna College. "That's a recipe for permanent conflict."

Polls show that in the 40 years since the decision, there's been no dramatic shift, in either direction, on abortion.

For example, a new Pew Research Center poll finds 63 percent of U.S. adults opposed to overturning Roe, compared to 60 percent in 1992. The latest Gallup poll on the topic shows 52 percent of Americans saying abortion should be legal under certain circumstances, 28 percent wanting it legal in all cases and 18 percent wanting it outlawed in all cases — roughly the same breakdown as in the 1970s.

"There's a large share of Americans for whom this is not a black-and-white issue," said Michael Dimock, the Pew center's director. "The circumstances matter to them."

Indeed, many conflicted respondents tell pollsters they support the right to legal abortion while considering it morally wrong. And a 2011 survey of 3,000 adults by the Public Religion Research Institute found many who classified themselves as both "pro-life" and "pro-choice."

Shields, like many scholars of the abortion debate, doubts a victor will emerge anytime soon.

"There are reasonable arguments on both sides, making rationally defensible moral claims," he said.

Nonetheless, the rival legions of activists and advocacy groups on the front lines of the conflict each claim momentum is on their side as they convene symposiums and organize rallies to commemorate the Roe anniversary.

Supporters of legal access to abortion were relieved by the victory of their ally, President Barack Obama, over anti-abortion Republican Mitt Romney in November.

A key reason for the relief related to the Supreme Court, whose nine justices are believed to divide 5-4 in favor of a broad right to abortion. Romney, if elected, might have been able to appoint conservative justices who could help overturn Roe v. Wade, but Obama's victory makes that unlikely at least for the next four years.

Despite all the furor, abortion has been commonplace in the post-Roe era, with about one-third of adult women estimated to have had at least one in their lifetime.

Of the roughly 1.2 million U.S. women who have abortions each year, half are 25 or older, about 18 percent are teens, and the rest are 20-24. About 60 percent have given birth to least one child prior to getting an abortion. A disproportionately high number are black or Hispanic; and regardless of race, high abortion rates are linked to economic hard times.

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