Patrick Lee surveys the main philosophical arguments in favor of the moral permissibility of abortion and refutes them point by point. In a calm and philosophically sophisticated manner, he presents a powerful case for the pro-life position and a serious challenge to all of the main philosophical arguments on behalf of the pro-choice position.

"This excellent books is bound to stir debate on the abortion issue and to occupy a rather distinctive position." --R.G. Frey, Bowling Green State University With the current composition of the Supreme Court and recent challenges to Roe v. Wade, Peter S. Wenz's new approach to the ethical, moral, and legal issues related to a woman's right to elective abortion may turn the tide in this debate. He argues that the Supreme Court reached the right decision in Roe v. Wade but for the wrong reasons. Wenz contends that a woman's right to terminated her pregnancy should be based, not on her constitutional right to privacy, but on the constitutional guarantee of religious freedom, a basis for freedom of choice that is not subject to the legal criticisms advanced against Roe. At least up to the 20th week of a pregnancy, one's belief whether a human fetus is a human person or not is a religious decision. He maintains that because questions about the moral status of a fetus are religious, it follows that anti-abortion legislation, to the extent that it is predicated on such "inherently religious beliefs," is unconstitutional. In this timely and topical book, Wenz also examines related cases that deal with government intervention in an individual's procreative life, the regulation of contraceptives, and other legislation that is either applied to or imposed upon select groups of people (e.g., homosexuals, drug addicts). He builds a concrete argument that could replace Roe v. Wade. Reviews "In this important study of abortion and the Constitiution, legal philosopher Peter Wenz contends that Roe v. Wade was wrongly argued but well conlcuded. Wenz presents a substantial review of Supreme Court decisions on abortion, then critically exposes flaws, including the privacy justification for abortion as well as the trimester scheme. --Religious Studies Review "In this major work, Peter Wenz has analyzed the relation of the Constitution's religion clauses to the abortion controversy. His principal contribution is to shift the argument from the right of privacy (invoked, he believes, unsuccessfully in Roe v. Wade) to the Establishment Clause. The Court's concern in Roe was whether the statute unduly burdened a fundamental right. But tested by the Establishment Clause, statutes may violate the Constitution by implicitly endorsing a religious belief, namely, the personhood of the unborn. Wenz concludes that the Establishment Clause permits abortions prior to the twenty-first week of pregnancy." --C. Herman Prichett, Professor of Political Science Emeritus, University of California, Santa Barbara "This is an original and scholarly exposition of the view that abortion rights fall under the religion clauses of the First Amendment. The view defended is an important alternative to the privacy defense upon which the Roe v. Wade decision was based and should help to expand the ethical and constitutional debate about abortion rights." --Mary Anne Warren, Associate Professor of Philosophy, San Francisco State University, and author of Gendercide: The Implications of Sex Selection Contents Preface Introduction Roe v. Wade under Attack • Individual Rights and Majority Rule • Constitutional Interpretation • Preview of Chapters 1. The Derivation of Roe v. Wade Economic Substantive Due Process • Due Process and the Family • Contraception and Privacy in Griswold v. Connecticut • Contraception and Privacy in Eisenstadt v. Baird • Blackmun's Privacy Rationale in Roe v. Wade • Stewart's Due Process Rationale in Roe v. Wade • Tribe on Substantive Due Process • Conclusion 2. Potentiality and Viability The Roe v. Wade Decision • The Concept of Viability in Abortion Cases • Dividing the Gestational Continuum • The Genetic Approach to Personhood • Viability versus Similarity to Newborns • Two Consequentialist Arguments • Feminism and Viability • Conclusion 3. The Evolution of "Religion" Religion in the Abortion Debate • The Original Understanding of the Religion Clauses • The Evolution of Religion Clause Doctrine • Incorporation of the Religion Clauses • From Belief to Practice • Alleviating Indirect Burdens on Religious Practice • Expanding the Meaning of "Religion" • The Original Understanding View • Bork: Conservative or Moderate? • Conflicts between the Religion Clauses • The Elusive Meaning of "Religion" • Conclusion 4. The Definition of "Religion" The Adjectival Sense of Religion • Religious Beliefs Independent of Organized Religions • Religious Belief as Fundamental to Organized Religion • Secular Beliefs Related to Material Reality • Secular Beliefs Related to Social Interaction • Secular Facts versus Secular Values • The Court's Characterizations of Secular Beliefs • Secular (Nonreligious) Belief • The Epistemological Standard for Distinguishing Religious from Secular Belief • Judicial Examples of Religious Beliefs • General Characteristics of Religious Beliefs • Summary 5. "Religion" in Court The Epistemological Standard Applied • Cults and Crazies • Secular Religions • Tensions between the Religion Clauses • The Unitary Definition of "Religion" 6. Fetal Personhood as Religious Belief Anti-Contraception Laws and the Establishment Clause • Belief in the Existence of God • Belief in the Personhood of Young Fetuses • Distinguishing Religious from Secular Determinations of Fetal Personhood • Religious versus Secular Uncertainty • Environmental Preservation and Animal Protection versus Fetal Value • Greenawalt's Argument • The Reach of Secular Considerations • Secular versus Religious Matters • Conclusion 7. The Regulation of Abortion The Trimester Framework and Its Exceptions • O'Connor's Objections to the Trimester Framework • Superiority of the Establishment Clause Approach to the Trimester Framework • Required Efforts to Save the Fetus • The Neutrality Principle • Appropriate Judicial Skepticism • Undue Burdens and Unconstitutional Endorsements • Conclusion 8. Abortion and Others Public Funding of Abortion • The Establishment Clause Approach to Public Funding • The Court's Funding Rationale • The Court's Inconsistent Rationale • Publicly Funded Family Planning Clinics • Spousal Consent • The Court's Flawed Parental Consent Rationale • Information Requirements • Spousal and Parental Consent • The Establishment Clause Approach: Medical Dimension • The Establishment Clause Approach: Religious Dimension • Implications of the Establishment Clause Approach • The Court's Inconsistency • Equivalent Results • Parental Notification • Conclusion Conclusion Justice Scalia's View • The Fundamental Flaw in Roe • The Rationale for the Establishment Clause Approach • Advantages of the Establishment Clause Approach Notes Glossary of Terms Annotated Table of Cases Bibliography Index About the Author(s): Peter S. Wenz is Professor of Philosophy and Legal Studies at Sangamon State University.

Changing Unjust Laws Justly is the first book to address systematically the practical, legal, and ethical problems that are encountered in well-intentioned attempts to restrict abortion. It will be of considerable interest not only to political, legal, and moral philosophers, but also to lawmakers and the pro-life movement generally.

Evangelium Vitae, or "The Gospel of Life," Pope John Paul II's 1995 encyclical, addresses practical moral questions that touch on the sacredness of human life: abortion, euthanasia and assisted suicide, and capital punishment. Tackling major moral and cultural ideas, the Pope urged "all men and women of good will" to embrace a "culture of life" instead of the prevailing "culture of death." In this book, scholars from a wide range of disciplines—law, medicine, philosophy, and theology—and various religious perspectives discuss and interpret the Pope's teachings on these complex moral issues.

The opening essays establish a context for the encyclical in the moral thought of John Paul II and examine issues of methodology and ecclesiology. A second group considers the themes of law and technology, which are crucial to the way the encyclical views the specific matters of life and death. The final section turns to the specific topics of abortion, euthanasia, assisted suicide, medical experimentation, and capital punishment.

Seeking to promote discussion between the ideas of the encyclical and other points of view, this volume does not attempt to endorse Evangelium Vitae but rather to illustrate its relevance to both private choice and public policy. It will serve as a foundation for further dialogue and allow others to approach the pontiff's thought with new awareness and insight.

Scientific breakthroughs have led us to a point where soon we will be able to make specific choices about the genetic makeup of our offspring. In fact, this reality has arrived—and it is only a matter of time before the technology becomes widespread.

Much like past arguments about stem-cell research, the coming debate over these reproductive genetic technologies (RGTs) will be both political and, for many people, religious. In order to understand how the debate will play out in the United States, John H. Evans conducted the first in-depth study of the claims made about RGTs by religious people from across the political spectrum, and Contested Reproduction is the stimulating result.

Some of the opinions Evans documents are familiar, but others—such as the idea that certain genetic conditions produce a “meaningful suffering” that is, ultimately, desirable—provide a fascinating glimpse of religious reactions to cutting-edge science. Not surprisingly, Evans discovers that for many people opinion on the issue closely relates to their feelings about abortion, but he also finds a shared moral language that offers a way around the unproductive polarization of the abortion debate and other culture-war concerns. Admirably evenhanded, Contested Reproduction is a prescient, profound look into the future of a hot-button issue.

When an obscure primary election met the culture wars

In 1990, a suburban Chicago race for the Republican Party nomination for state representative unexpectedly became a national proxy battle over abortion in the United States. But the hard-fought primary also illustrated the overlooked importance of down-ballot contests in America’s culture wars. Patrick Wohl offers the dramatic account of a rollercoaster campaign that, after attracting political celebrities and a media circus, came down to thirty-one votes, a coin toss to determine the winner, and a recount fight that set a precedent for how to count dimpled chads. As the story unfolds, Wohl provides a rare nuts-and-bolts look at an election for state office from its first days through the Illinois Supreme Court decision that decided the winner--and set the stage for a decisive 1992 rematch.

A compelling political page-turner, Down Ballot takes readers behind the scenes of a legendary Illinois election.

El Salvador Reborn examines the nation’s efforts to reshape its identity after the Peace Accords amid declining Cold War tensions. The book explores the criminalization of abortion and environmental activism in postwar El Salvador by focusing on two key organizations, Agrupación Ciudadana por la Despenalización del Aborto and Foro del Agua, highlighting their political strategies during a critical moment in El Salvador’s formation.

Author Mellissa Linton-Villafranco critically analyzes the political shift under the right-wing party, which sought to redefine notions of life and sovereignty. Historically associated with death squads, the right repositioned itself as a pro-life force by criminalizing abortion, amending the constitution to declare life begins at conception, and imposing penalties of up to thirty years. These measures marginalized women’s autonomy, creating a repressive legal environment centered on fetal rights. In response, feminist groups mobilized through protests, online campaigns, transnational alliances, and public art, advocating for reproductive justice that encompasses gender-based violence, health, and environmental sustainability.

Linton-Villafranco makes the case for a holistic conception of life that integrates land, body, and community sovereignty, weaving reproductive justice with environmental activism to promote a broader, interconnected understanding of life and rights in El Salvador.

Building on the renewal of Thomistic ethics encouraged by key moral encyclicals including Humanae Vitae, Veritatis Splendor, and Evangelium Vitae, Swiss philosopher Martin Rhonheimer revisits some of the most difficult questions regarding the ethics of procreation and human life.

In Grieving Pregnancy: Memorializing Loss in Japanese Buddhism and American Catholicism, Maureen L. Walsh compares how the two religious traditions respond ritually and discursively to miscarriage, stillbirth, and abortion experiences marked by grief for the women involved. The experience of pregnancy loss has always been a part of women’s lives, yet only recently has it garnered attention from religious leaders and scholars commensurate with its prevalence. This book examines pregnancy loss as a theological problem for both Buddhism and Catholicism and analyzes the rites and memorials that have developed to address it, such as Japanese Buddhist mizuko kuyō (water children rites) and emergent American Catholic memorial practices focused on pregnancy loss. These parallel practices have emerged within distinct religious landscapes—a fact reflected in their forms and purposes—and when considered together, they raise questions of keen interest to theological and religious studies about the goals of religious practice and the imagination of human life at its earliest stages.
 

Abortion 101, an accessible account of abortion practices and ethical issues around the globe, for students, activists, and policymakers

Deeply touched by the tragedies of botched abortions that they witnessed as medical students and young physicians in Chile in the 1940s and later around the world, the authors have attempted in their professional lives and now in this book to establish a framework for dialogue to replace the polarization that exists today.

Doctors Faundes and Barzelatto use their decades of international work to document the personal experiences of different classes of women in different countries and those countries' policies and practices. No other book provides such a comprehensive and reasoned examination of the entire topic of abortion, from the medical to the religious and ethical and from the psychological to the legal, in plain language understandable by non-specialists.

The central thesis is that there are too many induced abortions in the world today, that most are preventable and should be prevented--a middle ground that both pro-life and pro-choice advocates can accept. The first part of the book reviews why women have abortions, as well as the magnitude and consequences. The second part examines values. The third part discusses effective interventions. The final part states conclusions about what can be done to reach a necessary social consensus.

The Portuguese edition of this book was issued at the very end of 2004. The Spanish edition, launched in mid-2005, is already in a second printing. The authors are making presentations at special events sponsored by universities, professional associations, and feminist networks in Argentina, Chile, Mexico, Peru, Uruguay, Colombia, the Dominican Republic, and the United States.

The demise of Roe v. Wade dramatically altered abortion access across the United States, igniting a new era of polarization over reproductive rights as roughly half of all states moved to ban or significantly restrict terminating a pregnancy. Yet even before the U.S. Supreme Court case Dobbs v. Jackson Women’s Health Organization eliminated the constitutional right to an abortion on June 24, 2022, people across large swaths of the country were already facing enormous obstacles to ending a pregnancy, including mandatory waiting periods, early gestational limits, and a dearth of abortion providers. Life-Altering: Abortion Stories from the Midwest shares the narratives of women who have terminated pregnancies, despite these barriers, chronicling how laws and court cases can shape the lives and reproductive decisions of individuals.

Based on her coverage of reproductive rights for the Chicago Tribune, veteran journalist Angie Leventis Lourgos explores these personal accounts to delve into the most nuanced aspects of abortion, from life-threatening cases to terminations later in gestation to restrictions for minors. The reporting spans the time before Roe and continues through the first year after the landmark Supreme Court case’s stunning reversal, which spurred some of the most stringent abortion laws of the past half-century—as well as new and innovative means of access.

From interviews Lourgos conducted with women across the Midwest, Life-Altering examines different facets of abortion from the perspectives of those who ended their pregnancies, illustrating how court cases, state legislation, and religious beliefs can affect the lives and reproductive choices of ordinary people. By looking at myriad factors that influence the decision whether or not to abort a pregnancy— be they socio-economic, religious, legal, or medical—the accounts collected in this volume challenge the conventional labels of “pro-life” and “pro-choice .”
 

A new perspective on how beliefs about abortion and gay rights reshaped American politics.

Many believe that religious and partisan identities undergird American public opinion. However, when it comes to abortion and gay rights, the reverse may be closer to the truth.

Drawing on wide-ranging evidence, Paul Goren and Christopher Chapp show that views on abortion and gay rights are just as durable and politically impactful—and often more so—than political and religious identities. Goren and Chapp locate the lasting strength of stances on abortion and gay rights in the automatic, visceral emotions that the media has primed since the late 1980s. Moral Issues examines how attitudes toward these moralized issues affect, and can sometimes even disrupt, religious and partisan identities. Indeed, over the last thirty years, these attitudes have accelerated the rise of the religious “nones,” who have no religious affiliation, and promoted moral sorting into the Democratic and Republican parties.

In the United States, the “right to choose” an abortion is the law of the land. But what if a woman continues her pregnancy because she didn’t really have a choice? What if state laws, federal policies, stigma, and a host of other obstacles push that choice out of her reach?  
 
Based on candid, in-depth interviews with women who considered but did not obtain an abortion, No Real Choice punctures the myth that American women have full autonomy over their reproductive choices. Focusing on the experiences of a predominantly Black and low-income group of women, sociologist Katrina Kimport finds that structural, cultural, and experiential factors can make choosing abortion impossible–especially for those who experience racism and class discrimination. From these conversations, we see the obstacles to “choice” these women face, such as bans on public insurance coverage of abortion and rampant antiabortion claims that abortion is harmful. Kimport's interviews reveal that even as activists fight to preserve Roe v. Wade, class and racial disparities have already curtailed many women’s freedom of choice. 
 
No Real Choice analyzes both the structural obstacles to abortion and the cultural ideologies that try to persuade women not to choose abortion. Told with care and sensitivity, No Real Choice gives voice to women whose experiences are often overlooked in debates on abortion, illustrating how real reproductive choice is denied, for whom, and at what cost. 

Despite intense political debate, attitudes on abortion were remarkably stable for decades. However, after the 2022 Dobbs decision, Americans’ opinions began to change. Not Going Back explores the shifts in public opinion on this hot-button issue from the landmark passing of Roe v. Wade in 1973 through the 2024 election and into 2025.

The authors ask, “What role do Americans want their government to play in protecting, regulating, or restricting abortion access?” and, “How will changing attitudes on abortion reshape American politics?” They offer cohesive, theoretically grounded explanations for both the continuity and the change in Americans’ attitudes on this contentious topic. Using national data, they take a deep dive into the personal experiences and social forces behind these changes.

Not Going Back ends with an examination of the consequences of these changes for election outcomes. While there has been a striking reversal in the prioritization of abortion as an issue among Democrats and Republicans, the full impact of this shift in thinking will be influenced by future policies, court decisions, and party reactions.

Many women throughout the world face the challenge of confronting an unexpected or an unwanted pregnancy, yet these experiences are often shrouded in silence. An Open Secret draws on personal interviews and medical records to uncover the history of women’s experiences with unwanted pregnancy and abortion in the South American country of Bolivia. This Andean nation is home to a diverse population of indigenous and mixed-race individuals who practice a range of medical traditions. Centering on the cities of La Paz and El Alto, the book explores how women decided whether to continue or terminate their pregnancies and the medical practices to which women recurred in their search for reproductive health care between the early 1950s and 2010. It demonstrates that, far from constituting private events with little impact on the public sphere, women’s intimate experiences with pregnancy contributed to changing policies and services in reproductive health in Bolivia.

In this provocative and accessible book, the author defends a pro-choice perspective but also takes seriously pro-life concerns about the moral value of the human fetus, questioning whether a fetus is nothing more than "mere tissue." She examines the legal status of the fetus in the recent Personhood Amendments in state legislatures and in Supreme Court decisions and asks whether Roe v. Wade should have focused on the viability of the fetus or on the bodily integrity of the woman.

Manninen approaches the abortion controversy through a variety of perspectives and ethical frameworks. She addresses the social circumstances that influence many women's decision to abort and considers whether we believe that there are good and bad reasons to abort. Manninen also looks at the call for post-abortion fetal grieving rituals for women who desire them and the attempt to make room in the pro-choice position for the views of prospective fathers.

The author spells out how the two sides demonize each other and proposes ways to find degrees of convergence between the seemingly intractable positions.

A deeply researched account of how battles over civil rights in the 1960s shaped today’s partisan culture wars.

In the late twentieth century, gay rights, immigration, gun control, and abortion debates all burst onto the political scene, scrambling the parties and polarizing the electorate. Neil A. O’Brian traces the origins of today’s political divide on these issues to the 1960s when Democrats and Republicans split over civil rights. It was this partisan polarization over race, he argues, that subsequently shaped partisan fault lines on other culture war issues that persist to this day.

Using public opinion data dating to the 1930s, O’Brian shows that attitudes about civil rights were already linked with a range of other culture war beliefs decades before the parties split on these issues—and much earlier than previous scholarship realized. Challenging a common understanding of partisan polarization as an elite-led phenomenon, The Roots of Polarization argues politicians and interest groups, jockeying for power in the changing party system, seized on these preexisting connections in the mass public to build the parties’ contemporary coalitions.

Women’s rights activism and the reformation of the legal thought in early twentieth-century Poland were deeply intertwined—sometimes contradictory, yet mutually dependent—shaping debates around the 1932 abortion law and challenging traditional views on female sexuality and motherhood. Set against political transformation, economic hardship, and societal pressure, this book explores the clash between liberal “moral reform” ideas and the ideal of the “traditional” Polish family. Through individual stories from rural Suwalki county, it reveals how precarity, gender roles, and state expectations influenced women’s choices, with abortion often serving as necessary healthcare and survival. Rich in legal case studies, it offers scholars and readers a comprehensive overview of interwar sexuality debates and timely reflections on how these issues resonate today. This interdisciplinary work highlights the enduring impact of the male gaze in decisions affecting women’s lives.

"Toward Better Problems is a work of considerable merit.... [Weston] is effective in showing how the 'theoretical' approach obscures the real values at issue and hinders their realization." --James Gouinlock, Emory University In Toward Better Problems, Anthony Weston develops a pragmatic approach to the pressing moral issues of our time. Weston seeks to address practical problems in the spirit of John Dewey: that is, by focusing on specific human concerns and multiple, overlapping values rather than on abstract philosophical principles. Weston showcases his method in sustained discussion of four highly controversial areas: abortion, animal rights, environmentalism, and justice. Weston takes up uncomfortable issues, such as how we raise food animals; test medicines, cosmetics, and chemicals on animals; and justify speciesism. He engages philosophically the treatment of land and seas as limitless garbage dumps, the creation of radioactive wastes and their disposal, and fundamental problems of social justice. But Weston's aim is not to "solve" such problems as if they were some kind of puzzle. The aim instead is to creatively transform such problematic situations into something more promising and tractable, thereby leaving us with "better problems."

Honorable Mention, Davis Center Book Prize in Political and Social Studies, Association for Slavic, East European, and Eurasian Studies, 2025

Honorable Mention, Women’s Forum Book Prize, British Association for Slavonic and East European Studies, 2024

As the predominant form of birth control in Soviet society, abortion reflected key paradoxes of state socialism: women held formal equality but lacked basic needs such as contraceptives. With market reforms, Russians enjoyed new access to Western contraceptives and new pressures to postpone childbearing until economically self-sufficient. But habits of family planning did not emerge automatically—they required extensive physician retraining, public education, and cultural transformation. In Unmaking Russia’s Abortion Culture, author Michele Rivkin-Fish examines the creative strategies of Russians who promoted family planning in place of routine abortion. Rather than emphasizing individual rights, they explained family planning’s benefits to the nation—its potential to strengthen families and prevent the secondary sterility that resulted when women underwent repeat, poor-quality abortions. Still, fierce debates about abortion and contraceptives erupted as declining fertility was framed as threatening Russia’s demographic sovereignty.

Although Russian family planners embraced a culturally meaningful liberalism that would rationalize public policy and reenchant relations, nationalist opponents cast family planning as suspicious for its association with the individualistic, “child-free” West. This book tells the story of how Russian family planners developed culturally salient frameworks to promote the acceptability of contraceptives and help end routine abortion. It also documents how nationalist campaigns for higher fertility denounced family planning and ultimately dismantled its institutions. By tracing these processes, Unmaking Russia’s Abortion Culture demonstrates the central importance of reproductive politics in the struggle for liberalizing social change that preceded Russia’s 2022 descent into war, repression, and global marginalization.

Vital Conflicts in Medical Ethics by renowned Swiss philosopher Martin Rhonheimer considers some of the most difficult and disputed questions in Catholic moral theology

When Roe Fell examines the history, politics, and practical experiences of abortion leading up to the overturning of Roe v. Wade, placing this judicial decision in a longer history of abortion in the United States. Contributors delve into what the end of Roe revealed about abortion seekers, abortion provision, and abortion advocacy, demystifying abortion and abortion research, laying bare common misunderstandings and misinformation, and belying claims that the fall of Roe "changed everything." Moving beyond legal frameworks, this volume is an opportunity to reorient scholarship and understanding about abortion, recognizing what was already true before Roe was overturned and how losing the protections of Roe forced, enabled, and perhaps even facilitated a new era of abortion.

Willing and Unable explores the social world where abortion politics and mainstream medicine collide. The author interviewed physicians of obstetrics and gynecology around the United States to find out why physicians rarely integrate abortion into their medical practice. While abortion stigma, violence, and political contention provide some explanation, her findings demonstrate that willing physicians are further encumbered by a variety of barriers within their practice environments.
Structural barriers to the mainstream practice of abortion effectively institutionalize the buck-passing of abortion patients to abortion clinics. As the author notes, "Public-health-minded HMOs and physician practices could significantly change the world of abortion care if they stopped outsourcing it."
Drawing from forty in-depth interviews, the book presents a challenge to a commonly held assumption that physicians decide whether or not to provide abortion based on personal ideology. Physician narratives demonstrate how their choices around learning, doing, and even having abortions themselves disrupt the pro-choice/pro-life moral and political binary.