Statement from Assemblyman Fred Thiele on Roe V. Wade

January 22nd marked the 45th anniversary of this landmark decision

This year, we celebrate the 45th anniversary of Roe v. Wade, and it comes at a time when women in our country are still fighting for the right to make their own health care decisions. When hundreds of thousands of Americans are marching through the streets and raising a united voice to support equality, we will continue to make it clear that we will not allow setbacks to undo nearly half a century of progress. Women have a constitutional right to make decisions about their own bodies, and that freedom must always be protected.

New York has a history of ensuring that a woman’s right to choose is safeguarded and valued. In 1970, three years before the landmark Roe v. Wade decision, the state approved one of the first laws in the nation providing women with access to safe, legal abortion.

Then, in 1973, the United States Supreme Court ruled in Roe v. Wade that, prior to fetal viability or when necessary to protect the health or life of the woman, the Constitution protects a woman’s right to have an abortion. The Court ruled 7–2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion. This right, the ruling continued, must be balanced against the state's interests in regulating abortions: protecting women's health and protecting the potentiality of human life.

Since this decision, the battle to sustain these Constitutional rights for women has been fierce, with many attempts to erode the Supreme Court’s ruling. Most recently, Congress considered a bill to ban abortion after 20 weeks. It was blocked by the Senate last week.

In New York, however, the Assembly continues to show a steadfast commitment to women’s access to reproductive health care. Last year, the Assembly passed legislation to protect a woman’s right to terminate a pregnancy within 24 weeks, or when the pregnancy is not viable, or endangers her life or health (A.1748). The legislation emphasizes that the goal of medical laws and regulations should be to improve the quality and availability of health care, not to place undue burdens on patients and providers.

Roe v. Wade marked a moment in the country when we rightfully acknowledged that a woman’s personal reproductive-health decisions are hers alone. It is our responsibility to honor that Supreme Court decision. Women should be treated as equals, and gender equality can only be achieved when women have complete control over their bodies and their health care decisions.