I think in large part the rift facing the country is a result of Roe v. Wade, being decided by the Supreme Court. By making abortion on demand a “constitutional right” instead of allowing for a national debate in which the states, would no doubt, have reached various conclusion, ranging from on demand to illegal, through the legislative and elective process; they in effect polarized the nation, to a degree not seen since the debate over slavery.
It took this country almost 100 years to end slavery and impart led to a civil war. By allowing abortion without allowing a debate the Court, effectively silenced a large percentage of the population, opposed to abortion, thereby affectively making them feel alienated by their own government. This in turn led to those in favor of abortion being perceived as elitists, for using the power of the Court and the government to eliminate debate and impose their will, without any debate, or consideration of those opposed.
I think the decision of whether to reproduce or not, and the purchase and use of various methods of birth control, including the morning after pill, to enable a woman to decide what the likely outcome of a sexual union may be, are within the purview of the Constitution, as regards privacy.
Every state, which outlawed abortion, before Roe v. Wade allowed it for the purpose of safe guarding the motherÂ’s health. However I do not think that the ConstitutionÂ’s rights to privacy extends to the termination of a pregnancy except when there is a genuine medical necessity to preserve the health of the mother. Even in cases of rape and incest I do not feel the rights of privacy, implied in the Constitution, are applicable.
Personally I am in favor of a womanÂ’s right to choose, but beyond reasons of genuine medical necessity, this is a decision not for the Supreme Court, but for the state legislators and the electorate. Unfortunately, because of Roe v. Wade, we are now in a situation in which the debate will have to take place in the context of an amendment to the Constitution.
If this amendment is written in such a way that “the un-born” is legally defined as a person under the law, this could very well lead to some strange consequences. For example could a person be charge with assault if the mother smoked or if others in the household smoked because of its’ effect on the fetus? Could the mother be held liable for an improper diet or lack of exercise? As the state would have a vested interest in this “un-born” person could the mother be required to notify the state of a pregnancy so they could protect this “un-born” person? What if there is a miscarriage or still birth, would the state have to treat it as a homicide until a cause of “death” is determined for the “un-born” person? Hopefully any amendment proposed would only have the effect of returning to the states the determination and degree to which abortion would be allowed beyond preserving the mothers life.
Looking at those who decided Roe v. Wade is interesting in view of current the ramblings on activist judges
Blackmum, appointed by Nixon, wrote majority opinion
Brennan, appointed by Eisenhower, concurring
Powell, appointed by Nixon, concurring
T. Marshall, appointed by Johnson , concurring
Burger, appointed by Eisenhower, concurring
Douglas, appointed by Roosevelt, concurring
Stewart, appointed by Eisenhower, concurring
Rhenquist, appointed by Nixon, dissenting
B. White, appointed by Kennedy, dissenting
Perhaps we can learn from the divisions cause by the Court deciding an issue like abortion, and allow the debate over homosexual marriages to take place in the states where it belongs and not in the courts. Personally I could care less who marrys who but it is an issue that should be decided by the people not the courts
Life is no joke but funny things happen
jon