The Economist argues that the uniquely American controversy over abortion was born out of the manner the procedure was legalized throughout the country: Roe v. Wade.
Most European countries have liberalised their abortion laws since the 1970s, and in almost every case that was enough to settle the debate. Europeans went about legalisation through new legislation and, occasionally, referenda. This allowed abortion opponents to vent their objections and legislators to adjust the rules to local tastes.
…
America went down the alternative route of declaring abortion a constitutional right. This reliance on the Supreme Court rather than the usual legislative process left many anti-abortionists feeling that they had been denied their say.
Unfortunately, the Courts were the only avenue for establishing the right, since, as the Economist goes on to point out American religousity:
One result of America’s religiosity is its relative conservatism about sex. Thirteen states still have anti-sodomy laws. The Bush administration favors sex education based on abstinence. Many of the noisiest opponents of abortion also oppose easy access to contraception. Puritanical America has higher rates of both abortion and unwanted pregnancy than many European countries with more liberal attitudes to sex education.
The Economist, (Print, West Coast US Edition) January 18th 2003, p.25, col. 1
So, given that intransigence, its no wonder that the right to abortion had to be won in the courts. If left to politics, even birth control would most likely be illegal to this day.
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