Should Abortion Be Illegal? A Friendly Guide to Writing the Essay, With Arguments on Both Sides

Last reviewed: October 3, 2026. This page is a study guide for an essay topic, not legal or medical advice, and TodayinTrend does not take a side. Laws differ by state and change often; check your state's current statute for the legal position.

Hi! If you've been asked to write a persuasive or argumentative essay on "why should abortion be illegal?", you're in good company: it's one of the most common essay prompts in high school, college, nursing, philosophy and religion classes. It's also a topic people feel deeply about, which is exactly why it makes a great essay. You get to practise building a careful argument on something that matters.

This guide gives you the main arguments people make on both sides, a few sample thesis statements, and the current legal picture, so your essay is accurate as well as persuasive. Even if your assignment asks you to argue one side, understanding the other side well is what makes an essay strong.

Arguments for making abortion illegal (or more restricted)

These are the points people most often raise when arguing that abortion should be prohibited or limited. Use them as starting points and find sources that develop them.

• The value of unborn life. Many people believe human life, with its moral worth, begins at conception, so ending a pregnancy ends a life that deserves legal protection.
• Fetal development. Supporters often point to milestones such as a detectable heartbeat or the ability to feel pain at later stages as reasons the law should step in, at least later in pregnancy.
• The state's interest in protecting potential life. Even Roe and Casey accepted that states have a legitimate interest in protecting potential life; Dobbs left states free to decide how far that interest goes.
• Alternatives exist. Adoption, support for parents, and programs for pregnant people in difficult circumstances are offered as options that avoid ending the pregnancy.
• Concerns about particular reasons. Some argue against abortion chosen because of the baby's sex or a diagnosis of disability.

Arguments for keeping abortion legal

These are the points people most often raise when arguing that abortion should remain legal or protected.

• Bodily autonomy. Many argue that no one should be legally required to continue a pregnancy, because it involves their own body and health.
• Health and safety. Supporters point out that pregnancy carries medical risks, and that legal, regulated care is safer than unregulated alternatives.
• Difficult circumstances. Pregnancies resulting from rape or incest, serious fetal diagnoses, or threats to the mother's health are often raised as situations where a ban causes real harm.
• Privacy and medical decisions. The argument here is that decisions about pregnancy belong between a patient and a doctor rather than in criminal law.
• Equality and opportunity. Some argue that access to abortion affects people's education, work and financial security.

The middle ground worth mentioning

Plenty of people don't sit at either end. Common middle positions include allowing abortion early in pregnancy but restricting it later, or restricting it with exceptions for the mother's life and health, rape and incest. Mentioning these shows your reader you understand how the debate really looks, and it's a great place to find a nuanced thesis.

Sample thesis statements

Pick one that matches your assignment and make it your own:

• Restriction: "Because a developing fetus has a growing claim to protection, states should prohibit abortion after the first trimester except to protect the mother's life."
• Access: "Decisions about pregnancy involve a person's health, body and future, so they should be made by the patient and a doctor rather than by criminal law."
• Middle ground: "States can protect potential life and respect women's health by allowing abortion early in pregnancy while limiting it later, with clear exceptions for medical emergencies."

Tips for a strong essay

1. Make your thesis specific. "Abortion is wrong" is a belief; "states should ban abortion after 15 weeks because…" is an argument you can defend.
2. Use real sources. Court decisions, state statutes, medical organizations and peer-reviewed studies carry more weight than opinion articles.
3. Answer the strongest counterargument. Pick the best point on the other side and respond to it fairly. It's the single biggest upgrade most essays can make.
4. Keep the tone respectful. Avoid insults and loaded labels for people who disagree; calm, well-supported writing is far more persuasive.
5. Get the law right. If you mention legality, say which state, or explain that it varies after Dobbs.

Sources

• Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022): supremecourt.gov
• Roe v. Wade, 410 U.S. 113 (1973): Cornell LII
• Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992): Cornell LII