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Title : "Roe v. Wade... invited no dialogue with legislators. Instead, it seemed entirely to remove the ball from the legislators’ court."
link : "Roe v. Wade... invited no dialogue with legislators. Instead, it seemed entirely to remove the ball from the legislators’ court."

"Roe v. Wade... invited no dialogue with legislators. Instead, it seemed entirely to remove the ball from the legislators’ court."

"In 1973, when Roe issued, abortion law was in a state of change across the nation. As the Supreme Court itself noted, there was a marked trend in state legislatures 'toward liberalization of abortion statutes.' That movement for legislative change ran parallel to another law revision effort then underway — the change from fault to no-fault divorce regimes, a reform that swept through the state legislatures and captured all of them by the mid-1980s. No measured motion, the Roe decision left virtually no state with laws fully conforming to the Court’s delineation of abortion regulation still permissible. Around that extraordinary decision, a well-organized and vocal right-to-life movement rallied and succeeded, for a considerable time, in turning the legislative tide in the opposite direction."

Said Ruth Bader Ginsburg, in 1992, shortly before Bill Clinton nominated her to the Supreme Court, quoted yesterday, in Aaron Blake's WaPo column, "What Ruth Bader Ginsburg really said about Roe v. Wade."

Blake is quoting that to correct people who might think Ginsburg thought that Roe was wrong about the existence of a right to abortion. 

Although Blake included it in his quote from Ginsburg's speech, he doesn't otherwise mention no-fault divorce. Let's talk about why Ginsburg connected the no-fault divorce movement with the abortion-rights movement — and why these movements happened in the same time frame. One could say both movements pushed government out of the intimate sphere that belongs to the individual. Another way to put that was both movements served the agenda of the sexual revolution.

There's very little talk about no-fault divorce anymore, even as abortion has remained controversial all these years. What was once "ran parallel" is rarely even thought of anymore. In the 18 years of this blog — according to the search function — there isn't a single post containing the words "no-fault divorce." 

Of course, abortion is different, unavoidably different, because one can never completely leave behind the knowledge that it cuts off a human life. But abortion and no-fault divorce both minimize something big. 

Interestingly, it's the bigness of marriage that forms the basis of finding a right to same-sex marriage in Obergefell:

From their beginning to their most recent page, the annals of human history reveal the transcendent importance of marriage. The lifelong union of a man and a woman always has promised nobility and dignity to all persons, without regard to their station in life. 

The lifelong union.

Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations.... 

Marriage responds to the universal fear that a lonely person might call out only to find no one there.

ADDED: Abortion responds to the universal fear that a lonely person might call out and find someone there.

Thus articles "Roe v. Wade... invited no dialogue with legislators. Instead, it seemed entirely to remove the ball from the legislators’ court."

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