Roe v. Wade

The Constitution protects a woman’s liberty to obtain an abortion prior to viability subject to state regulation.

ReligiousLiberty.TV
February 26, 2026
2 min read
Citation: 410 U.S. 113 Year: 1973 Court: U.S. Supreme Court Outcome: Mixed
Healthcare & Conscience
Holding: The Constitution protects a woman's liberty to obtain an abortion prior to viability subject to state regulation.

Background

Norma McCorvey, using the pseudonym "Jane Roe," challenged Texas laws that criminalized abortion except to save the mother's life. McCorvey was pregnant and unable to obtain a legal abortion in Texas, leading to a class action lawsuit against Dallas County District Attorney Henry Wade. The case consolidated similar challenges to restrictive state abortion laws across the country.

Legal Question

Does the Constitution protect a woman's right to terminate her pregnancy, and if so, what is the scope of that right and what level of government regulation is permissible?

Holding

The Supreme Court ruled 7-2 that the Constitution's Due Process Clause protects a fundamental right to privacy that encompasses a woman's decision to have an abortion. The Court established a trimester framework: during the first trimester, the state cannot regulate abortion; during the second trimester, states may regulate abortion to protect maternal health; and during the third trimester, after fetal viability, states may prohibit abortion except when necessary to preserve the life or health of the mother. The decision struck down restrictive abortion laws in Texas and similar statutes nationwide.

Significance

While Roe v. Wade is primarily known as a reproductive rights case, it intersects with religious liberty law in significant ways. The decision sparked ongoing tensions between secular legal standards and religious conscience rights, particularly for healthcare providers with religious objections to abortion. The ruling established precedent for balancing individual constitutional rights against state interests that continues to influence religious liberty cases. Many subsequent First Amendment cases have grappled with conflicts between Roe's framework and religious freedom claims, including cases involving religious exemptions for contraceptive coverage and conscience protections for healthcare workers.

Key Statutes & Provisions

  • Fourteenth Amendment Due Process Clause
  • Texas Penal Code Articles 1191-1194 and 1196 (criminalizing abortion)
  • Constitutional right to privacy (derived from Due Process Clause)
  • State police powers to regulate health and safety
*Note: The provided context focuses on reactions to Roe rather than the case details themselves, so this synopsis relies on the established historical record of this landmark decision.*

Official Documents

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Coverage on ReligiousLiberty.TV

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Roe v. Wade (410 U.S. 113) is a Healthcare & Conscience case decided by the U.S. Supreme Court in 1973. The court held that the Constitution protects a woman's liberty to obtain an abortion prior to viability subject to state regulation. The case resulted in a Mixed outcome.

## Background
Norma McCorvey, using the pseudonym “Jane Roe,” challenged Texas laws that criminalized abortion except to save the mother’s life. McCorvey was pregnant and unable to obtain a legal abortion in Texas, leading to a class action lawsuit against Dallas County District Attorney Henry Wade. The case consolidated similar challenges to restrictive state abortion laws across the country.

## Legal Question
Does the Constitution protect a woman’s right to terminate her pregnancy, and if so, what is the scope of that right and what level of government regulation is permissible?

## Holding
The Supreme Court ruled 7-2 that the Constitution’s Due Process Clause protects a fundamental right to privacy that encompasses a woman’s decision to have an abortion. The Court established a trimester framework: during the first trimester, the state cannot regulate abortion; during the second trimester, states may regulate abortion to protect maternal health; and during the third trimester, after fetal viability, states may prohibit abortion except when necessary to preserve the life or health of the mother. The decision struck down restrictive abortion laws in Texas and similar statutes nationwide.

## Significance
While Roe v. Wade is primarily known as a reproductive rights case, it intersects with religious liberty law in significant ways. The decision sparked ongoing tensions between secular legal standards and religious conscience rights, particularly for healthcare providers with religious objections to abortion. The ruling established precedent for balancing individual constitutional rights against state interests that continues to influence religious liberty cases. Many subsequent First Amendment cases have grappled with conflicts between Roe’s framework and religious freedom claims, including cases involving religious exemptions for contraceptive coverage and conscience protections for healthcare workers.

## Key Statutes & Provisions
– Fourteenth Amendment Due Process Clause
– Texas Penal Code Articles 1191-1194 and 1196 (criminalizing abortion)
– Constitutional right to privacy (derived from Due Process Clause)
– State police powers to regulate health and safety

*Note: The provided context focuses on reactions to Roe rather than the case details themselves, so this synopsis relies on the established historical record of this landmark decision.*