About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

28 Berkeley J. Gender L. & Just. 232 (2013)
Women's Rights on the Right: The History and Stakes of Modern Pro-Life Feminism

handle is hein.journals/berkwolj28 and id is 262 raw text is: Women's Rights on the Right:
The History and Stakes of Modern Pro-Life
Mary Zieglert
Recently, pro-life advocates have popularized claims that abortion harms
rather than helps women. The best known of these arguments are the woman-
protective arguments--contentions, such as those endorsed in Gonzales v.
Carhart, justifying abortion restrictions on the basis of the physical or
psychological harms supposedly produced by the procedure. Woman-protective
claims, however, represent only one part of a much larger strategy that this
Article calls pro-life feminism. The Article follows pro-life activists' use of the
term  feminist or feminism. As the Article makes clear, activists on
competing sides of the abortion issue have contested the meaning of true
feminism. Taking sides in this struggle has obscured the influence and
complexity of ideas that abortion opponents identify with pro-life feminism.
These are the lost nuances that the Article seeks to recapture.
For legal scholars, social movement activists, and historians, there is a
good deal at stake in better understanding the pro-life feminist law reform
movement. In the wake of the 2006 decision in Carhart and Justice Ginsburg's
dissent in that opinion endorsing equality-based claims, liberals on the Supreme
Court may become willing to openly support equality-based arguments for
abortion rights. Pro-life feminists have promoted an important counterargument
to equality-based justifications for abortion rights: pro-life feminism helps to
paint abortion opponents as pro-woman and amenable to the needs of women
who pursue higher education or professional careers.
The Article also identifies potential common ground among self-identified
feminists with different positions on abortion. Both pro-choice and pro-life
scholars have written extensively on how to present their arguments as
forwarding (or at least not undermining) women's equal citizenship. However,
previous work has not fully captured the complexity or diversity of the pro-life
t Assistant Professor of Law at Florida State University College of Law. I would like to thank
Miriam Cherry, Kelly Dineen, Joel Goldstein, Eric Miller, Elizabeth Pendo, and Anders
Walker for their help with earlier versions of this draft.


What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most