The 1973 Supreme Court case Roe v. Wade ruled that the Constitution protects a woman’s right to an abortion on the grounds that the 14th Amendment’s Due Process Clause grants women the privacy to have an abortion.
However, there has always been a debate about whether abortion rights are grounded in privacy rights or gender equality.
The 14th Amendment’s Equal Protection Clause declares that no individual or collective entity shall be deprived of the protection provided by the law, a protection that is also enjoyed by comparable individuals or groups. Stated differently, individuals or groups in similar circumstances must be treated equally under the law.