Michigan Law Review Volume 94 Issue 2 1995 Homologizing Pregnancy and Motherhood: A Consideration of Abortion Julia E. Hanigsberg Columbia University School of Law Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Constitutional Law Commons, Law and Gender Commons, and the Medical Jurisprudence Commons Recommended Citation Julia E. Hanigsberg, Homologizing Pregnancy and Motherhood: A Consideration of Abortion, 94 MICH. L. REV. 371 (1995). Available at: https://repository.law.umich.edu/mlr/vol94/iss2/5 This Essay is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. HOMOLOGIZING PREGNANCY AND MOTHERHOOD: A CONSIDERATION OF ABORTION Julia E. Hanigsberg* INTRODUCTION: MOTHERING AND MATIERING The abortion issue has been the subject of an enormous legal literature.1 The contours of its legal analysis in the United States are, by now, relatively well known. The right to abortion has been protected under the rubric of the right to privacy guaranteed by the Substantive Due Process Clause of the Fourteenth Amendment and in the "penumbras" of the First, Third, Fourth, Fifth, and Ninth Amendments of the U.S. Constitution.2 In this essay I reconsider abortion in order to bridge what ini tially seem to be two opposing frameworks: first, the conception of abortion as an issue of women's bodily integrity and liberty, and second, the acknowledgement of the existence and meaning of in trauterine life.3 The abortion choice is indeed deeply and necessar ily tied to women's bodily integrity.