The Supreme Court ruled that the Texas statutes regarding abortion were vague and infringed on a woman's constitutional right to privacy. The statute outlawed all abortions except those procured from a licensed physician in order to save the life of the mother.
There is no constitutional right to privacy.
Norma McCovey (Jane Roe) claimed that her inability to legally terminate her pregnancy, which was not life-threatening, infringed on her 1st, 4th, 5th, 9th and 14th amendment rights.
I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
XIV. section 1 - All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
First of all, a law prohibiting abortion is not an attempt to establish a religion, or infringing on someone's right to practice their religion. Nor does it affect free speech, the freedom of the press, peaceable assembly or petitioning.
The fourth amendment protects people from unlawful searches and siezures. The only way this could be interpreted to apply to pregnancy would be to say that the government is not allowed to find out if a woman is pregnant and then seize her unborn child.
The fifth amendment prevents people from being executed, imprisoned or deprived of property without due process of law. It also prohibits someone from being tried twice for the same offense, from having to be a witness against him or herself, and requires just compensation for property taken for public use. This amendment would be more properly applied to the unborn child than to the woman wishing to terminate her pregnancy. The child does not receive the benefit of a jury or of due process of law before being executed.
As for the ninth amendment - abortion was never a right retained by the people until the Supreme Court declared it to be so in 1973.
And now for the fourteenth amendment. First, we all know good and well that when the constitution was established abortion was not a privilege or an immunity. The state was not depriving the woman of life by not allowing her to obtain an abortion when her life wasn't threatened, nor were they depriving her of liberty, or taking her property.
<<<>>>
I have heard people argue that a human being does not gain a soul until they have drawn their first breath. Personally, I take the position that since science can neither prove nor disprove the existence of the soul, one cannot take that into account when determining whether or not a woman should be allowed to terminate a non life-threatening pregnancy.
Here is a question: is the embryo created from a fertilized human egg a human being? Science answers yes. It is not simply a lump of tissue, nor is it an extension of the mother's body, nor is it a rat, a chimpanzee, or a dolphin. From the earliest stages of its development the human embryo has its own unique human DNA.
Why are we willing to protect a human being from the moment of birth until the moment of death, but not prior to birth? Is it any less human just because it is not fully formed? None of us are born fully formed. It takes years for us to mature into an adult of our species.
Some people might argue that an unborn child is parasitical in nature, taking its sustenance directly from its mother's body. In response to this argument I will point out that the child, once born, still requires sustenance which it cannot obtain by itself. If I were to deny my children that sustenance I would be considered abusive and negligent and would probably have my children taken away from me.
Unwanted pregnancies are a temporary inconvenience. Death is permanent.
Now that we have determined that an unborn human being is not worthy of the same protection by law that the rest of us enjoy, what is to stop us from labeling other groups as "sub-human" and stripping them of their constitutional right to life? The elderly, retarded and disabled are all in danger of being treated the same way. (For the record, Thomas Jefferson reconciled slavery with 'all men created equal' by claiming that blacks were not human.)
Here is a question: is the embryo created from a fertilized human egg a human being? Science answers yes. It is not simply a lump of tissue, nor is it an extension of the mother's body, nor is it a rat, a chimpanzee, or a dolphin. From the earliest stages of its development the human embryo has its own unique human DNA.
Why are we willing to protect a human being from the moment of birth until the moment of death, but not prior to birth? Is it any less human just because it is not fully formed? None of us are born fully formed. It takes years for us to mature into an adult of our species.
Some people might argue that an unborn child is parasitical in nature, taking its sustenance directly from its mother's body. In response to this argument I will point out that the child, once born, still requires sustenance which it cannot obtain by itself. If I were to deny my children that sustenance I would be considered abusive and negligent and would probably have my children taken away from me.
Unwanted pregnancies are a temporary inconvenience. Death is permanent.
Now that we have determined that an unborn human being is not worthy of the same protection by law that the rest of us enjoy, what is to stop us from labeling other groups as "sub-human" and stripping them of their constitutional right to life? The elderly, retarded and disabled are all in danger of being treated the same way. (For the record, Thomas Jefferson reconciled slavery with 'all men created equal' by claiming that blacks were not human.)
<<<>>>
For the record, I've known two women that chose to terminate unplanned pregnancies. I don't despise them or condemn them for that choice; I do believe it was the wrong choice, a choice based on fear.
Women facing an unplanned pregnancy without the means and support needed to raise a child do need options, but not at the expense of the weak and defenseless - human beings without the ability to speak for themselves. The unborn child has done nothing wrong. It has comitted no crime worthy of death. This is why I believe that the decision made by the Supreme Court in 1973 was unjust.
Women facing an unplanned pregnancy without the means and support needed to raise a child do need options, but not at the expense of the weak and defenseless - human beings without the ability to speak for themselves. The unborn child has done nothing wrong. It has comitted no crime worthy of death. This is why I believe that the decision made by the Supreme Court in 1973 was unjust.