Wednesday, January 22, 2014

Mother and Baby: A Tale of Two Liberties

On the 41st anniversary of Roe v. Wade, we're going to make a bold statement regarding Pro-Life and Pro-Choice views: They're BOTH correct.

In 1973, the Supreme Court majority ruled that a woman's right to privacy between her and her doctor was guaranteed by the 14th Amendment. The decision specifically addressed the health care provider's right to freely practice medicine, while Doe v. Bolton protected women's privacy. These rights can NOT be subverted by any government action. 

On the other hand, our founders in the Declaration of Independence stated the people were guaranteed by their creator the right to "Life, Liberty and the pursuit of Happiness". The 9th Amendment guarantees rights not specifically enumerated in the Constitution, so it follows that the right to life is guaranteed to all people. In 1973, the Supreme Court decided that a pregnancy could be terminated within the 1st trimester, because it was considered less hazardous than childbirth... Hazardous to whom?

So where does this leave us? We have women who absolutely have every right to expect privacy and security within their bodies. That means a woman should have sole control over what happens inside her body. Simultaneously, life is guaranteed upon creation (regardless if the courts observe it). It's a catch 22. No person has the right to influence what goes on inside a woman except that woman. Also, no person has the right to end human life without due process. This excludes individuals other than the mother from action against the fetus, namely government and abortion providers.

Moving forward, we must observe the rights guaranteed, not limit them. Instead of spending time legislating the reduction of rights, we should focus our efforts on education and services that reduce abortions. The end goal is zero abortions.  Not necessarily through bans, but by supporting mothers and children. Our efforts should ensure each conceived child has the opportunity to live.



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