
【李寧怡╱綜合外電報導】美國最高法院1973年著名的「無名氏告韋德案」(Roe v. Wade)判例,是美國墮胎合法化重大里程碑,影響美國社會至今。原告「無名氏」是當年失婚且無業女子麥考維,她後來急轉彎成為反墮胎基督徒,還上訴最高法院聲請推翻當年判決。前天她因心臟衰竭結束戲劇化一生,享壽69歲。
在「無名氏告韋德案」中,最高法院判決女性墮胎權應受《憲法》隱私權保障,各州不得在婦女懷孕頭3個月限制墮胎。此後40年來,全美各地醫生執行了數千萬例合法墮胎手術,但墮胎權仍是讓美國社會分歧的焦點議題。
麥考維(Norma McCorvey)1980年代出面承認是此案原告,與女同志戀人積極參與支持墮胎運動,並在執行墮胎的診所工作。
1994年她出自傳《我是無名氏》(I am Roe,暫譯),講述偷錢逃家、在感化學校度過的少女時期,16歲結婚但遭家暴,懷著身孕離婚,將生下的長女梅莉莎交由母親監護。她前天在德州療養院去世時,梅莉莎是唯一在場的孩子。
麥考維第二個孩子生下後送人收養,1969年她第3度懷孕,決定墮胎但於法不容。當時兩名女律師欲挑戰德州禁墮胎法,和她接觸後,她應允當原告,最高法院判決出爐前的1970年6月她生下第3個孩子,仍送人收養。在自傳中她自承曾酗酒吸毒,也一度自殺未遂。
自傳出版翌年,麥考維卻在媒體鏡頭前受洗成為基督徒,也因信仰而結束與同志戀人的關係;1998年她改信天主教,走遍全美鼓吹反墮胎,也向最高法院聲請推翻「無名氏告韋德」判決,2005年遭駁回。2009年她兩度因參與反墮胎示威時被捕。信仰上帝後的她曾說,反對在任何情況下墮胎,「即使遭強暴而懷孕,那仍是一條生命。妳不能扮演自己的上帝。」
Q.本案案情為何?
A.德州女子麥考維欲墮胎但於法不容,1970年以無名氏(Jane Roe)之名控告德州達拉斯郡地方檢察官韋德(Henry Wade),全案上訴到最高法院。她在判決出爐前生下孩子,送人收養
Q.本案判決為何?
A.1973年1月22日,最高法院以7比2判決,《憲法》隱私權範圍應包含女子決定自己是否要終結妊娠,州政府拒絕讓孕婦選擇墮胎,造成的損害顯著。意見書指,州政府不得在妊娠頭3個月限制墮胎,但可對之後墮胎做出規範
Q.本案判決後的發展如何?
A.1992年最高法院判決各州可規範墮胎,除非對女性造成「過度負擔」。2007年最高法院支持《禁止局部分娩墮胎法案》,是首個針對某種墮胎方式的全國性禁令。2016年最高法院否決多州嚴格的墮胎規定,要求執行墮胎的醫生須取得附近醫院的「住院特許權」
資料來源:美聯社
| Norma McCorvey | |
|---|---|
McCorvey in 1989 | |
| Born | Norma Leah Nelson September 22, 1947 Simmesport, Louisiana, U.S. |
| Died | February 18, 2017 (aged 69) Katy, Texas, U.S. |
| Cause of death | Heart failure |
| Nationality | American |
| Other names | Jane Roe |
| Occupation | Director, Crossing Over Ministry formerly Roe No More Ministry, Inc. |
| Known for | Roe v. Wade |
| Spouse(s) | Elwood "Woody" McCorvey (m. 1963–65) |
| Partner(s) | Connie Gonzales (1970–1993)[1] |
| Children | 3 |
Norma Leah McCorvey (née Nelson; September 22, 1947 – February 18, 2017), better known by the legal pseudonym "Jane Roe", was the plaintiff in the landmark American lawsuit Roe v. Wade in 1973.[2] TheU.S. Supreme Court ruled that individual state laws banning abortion are unconstitutional. Later, McCorvey's views on abortion changed substantially; she became a Roman Catholicactivist in the pro-life movement.[3]
McCorvey was born in Simmesport, Louisiana[4]. She was briefly raised at her family's residence in Lettsworth in Pointe Coupee Parish[5]. Later in her childhood, the family moved to Houston, Texas. McCorvey's father left the family when she was 13 years old[6] and her parents subsequently divorced. She and her older brother were raised by their mother Mildred, a violent alcoholic. McCorvey's father died on September 27, 1995. She was of partial Cajun and Cherokee ancestry.[2]
McCorvey had entered a Catholic boarding school[4] prior to her minor troubles with law enforcement that started at the age of ten, when she robbed the cash register at a gas station and ran away to Oklahoma City with a friend.[2] They tricked a hotel worker into letting them rent a room, and were there for two days when a maid walked in on her and her female friend kissing.[7] McCorvey was arrested and brought to court, where she was declared a ward of the state and sent to state-run institutions.[8]
Later, McCorvey was sent to the State School for Girls in Gainesville, Texas, on and off from ages 11–15. She said this was the happiest time of her childhood, and every time she was sent home, would purposely do something bad to be sent back. After being released, McCorvey lived with her mother’s cousin, who allegedly raped her every night for three weeks. When McCorvey's mother found out, her cousin said McCorvey was lying.[9]
While working at a restaurant, Norma met Woody McCorvey (born 1940), and she married him at the age of 16. She later left him after he allegedly assaulted her. She moved in with her mother and gave birth to her first child, Melissa, in 1965.[10][11] After Melissa's birth, McCorvey developed a serious drinking problem. Soon after, she came out and began identifying as a lesbian. She went on a weekend trip to visit two friends, and left her baby with her mother. When she returned, her mother replaced Melissa with a baby doll and reported her to the police as having abandoned her baby, and called the police to take her out of the house. She would not tell her where Melissa was for weeks, and finally let her visit her child after three months. She let McCorvey move back in, and one day woke Norma up after a long day of work. She told her to sign insurance papers, and Norma did so without reading. However, she actually signed adoption papers, giving her mother custody of Melissa, and was then kicked out of the house.[12] The following year, McCorvey again became pregnant and gave birth to a baby, who was placed for adoption.[13]
In 1969, at the age of 21, McCorvey became pregnant a third time. She returned to Dallas. According to McCorvey, friends advised her that she should assert falsely that she had been raped and that she could thereby obtain a legal abortion under Texas's law which prohibited abortion; sources differ over whether the Texas law had such a rape exception.[14][15][16] Due to lack of police evidence or documentation, the scheme was not successful and McCorvey would later admit the situation was a fabrication.[17][18] She attempted to obtain an illegal abortion, but the respective clinics had been closed down by authorities.[10]
Eventually, McCorvey was referred to attorneys Linda Coffee and Sarah Weddington,[19][20]who were looking for pregnant women who were seeking abortions. The case took three years of trials to reach the Supreme Court of the United States, and Norma never attended a single trial. In the meantime, she had given birth to the baby in question, who was eventually adopted.[2]
McCorvey revealed herself to the press as being "Jane Roe" soon after the decision's issuance and stated that she sought an abortion because she was unemployable and greatly depressed.[4][21] In the 1980s, McCorvey asserted that she had been the "pawn" of two young and ambitious lawyers (Weddington and Coffee) who were looking for a plaintiffwith whom they could challenge the Texas state law prohibiting abortion.[22]
In her first book, the 1994 autobiography, I Am Roe, McCorvey wrote of her sexual orientation. For many years, she had lived quietly in Dallas with her long-time partner, Connie Gonzales. "We're not like other lesbians, going to bars," she explained in a New York Times interview. "We're lesbians together. We're homers."[2] That same year, she became a Christian and voiced remorse for her part in the Supreme Court decision. McCorvey worked as part of the pro-life movement, such as Operation Rescue.[23]
At a signing of I Am Roe, McCorvey was befriended by evangelical minister and National Director of Operation Rescue Flip Benham[24] and later baptized on August 8, 1995, by Benham, in a Dallas, Texas, backyard swimming pool, an event that was filmed for national television. Two days later she announced that she had quit her job at the abortion clinic she was working at, and had become an advocate of Operation Rescue's campaign to make abortion illegal.[25]
McCorvey's second book, Won by Love, was published in 1998. She explained her change on the stance of abortion with the following comments:
Shortly thereafter, McCorvey released a statement that affirmed her entrance into the Roman Catholic Church, and she has been confirmed into the church as a full member.[26][27]
Later in life, McCorvey stated that she was no longer a lesbian.[28] On August 17, 1998, she was received into the Roman Catholic church by Father Frank Pavone, the International Director of Priests for Life and Father Edward Robinson in Dallas.[27]
In February 2005, McCorvey petitioned the Supreme Court to overturn the 1973 decision with McCorvey v. Hill, arguing that she had standing to do so as one of the original litigants and that the case should be heard once again in light of what she claimed was evidence that the procedure harms women, but the petition was denied because the Supreme Court considered the matter to be moot.
On January 22, 2008, McCorvey endorsed Republican presidential candidate Ron Paul. McCorvey stated, "I support Ron Paul for president because we share the same goal, that of overturning Roe v. Wade. He has never wavered on the issue of being pro-life and has a voting record to prove it. He understands the importance of civil liberties for all, including the unborn."[29]
McCorvey remained active in pro-life demonstrations, including one she participated in before President Barack Obama's commencement address to the graduates of theUniversity of Notre Dame (the decision to invite the President to speak at the university on May 17, 2009 was controversial because his views on abortion conflicted with the teachings of the Catholic Church, with which the University is affiliated). McCorvey was arrested on the first day of U.S. Senate hearings for the confirmation of the presidential nomination to the Supreme Court of the United States of Sonia Sotomayor, after McCorvey and another protester began shouting during Senator Al Franken's opening statement.[30]
Lake of Fire, a 2006 pro-choice documentary by Tony Kaye on the abortion controversy in the United States, features McCorvey discussing her involvement in Roe v. Wade and her subsequent conversion to Roman Catholicism.
McCorvey made her acting debut in Doonby, shot on location in 2010 in the small centralTexas town of Smithville. Starring John Schneider, Jenn Gotzon and Robert Davi, the film previewed at the 2011 Cannes Film Festival and was released in the fall of 2011.[31]
McCorvey died of heart failure in Katy, Texas, on February 18, 2017, at the age of 69.[11][13]
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