Many people believe that abortion is a moral issue, but it is also a constitutional issue. It is a woman’s right to choose what she does with her body, and it should not be altered or influenced by anyone else. This right is guaranteed by the Ninth Amendment, which states: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This right guarantees women the right to have an abortion if they so choose, regardless of morals. A woman has the right to privacy and the choice to abort her fetus.
The people who hold a pro-life” view argue that a woman who has an abortion is killing a child. The “pro-choice” perspective holds that this is not the case, as a fetus is not yet a baby and does not possess the criteria derived from our understanding of living human beings. In a notable defense of this position, philosopher Mary Anne Warren has proposed the following criteria: 1) consciousness (of objects and events external and/or internal to the being), 2) reasoning (the developed capacity to solve new problems), 3) self-motivated activity (activity which is relatively independent of either genetic or direct external control), and 4) the capacity to communicate, by whatever means, messages of an indefinite variety of possible contents, but on indefinitely many possible topics.
5) The presence of self-concepts and self-awareness, either individual or social, or both. Several cases have been fought for the right to choose. Many of these have been hard cases with very personal feelings, but the perseverance showed through and gives us the rights we have today. Here are some important cases: 1965 – Griswold v.
Connecticut upheld the right to privacy and ended the ban on birth control. Eight years later, the Supreme Court ruled that the right to privacy included abortions. This case was the basis for Roe v. Wade. In 1973, the state of Texas had outlawed abortions.
The Supreme Court declared the law unconstitutional but refused to order an injunction against the state. On January 22, 1973, the Supreme Court voted that the right to privacy included abortions. In 1976, Planned Parenthood v. Danforth (Missouri) ruled that requiring consent by the husband and the consent from a parent if a person was under 18 was unconstitutional.
This case supported a woman’s control over her own body. Justice William Brennan stated, If the right to privacy means anything, it is the right of the individual, married or single, to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the decision to have an abortion.” Abortion is a controversial issue, and everyone has their own opinion. A woman’s body is hers alone, and nobody has the right to make her do something she does not want to do. The Supreme Court has stated that it is a woman’s right to have an abortion if she chooses, according to Roe v. Wade.
In later cases, however, the Court upheld Roe in Planned Parenthood of Pennsylvania v. Casey (1992). In the same ruling, the Court gave states new powers to restrict access to abortions. (Hardy, pg. 189).
Abortion deals with one’s private life and should have nothing to do with the government. However, abortion should not be used as a means of birth control. If a fetus will be unwanted, it is better to be aborted than to bring an unwanted child into the world. Many people try to force their beliefs on others and judge them for their actions. These people need to judge themselves before they start to judge others. The bottom line is, no matter what anyone thinks, the laws speak for themselves. It is a woman’s right to privacy to control her reproductive system. Although there are some restrictions on abortion due to states’ rights, it is still ultimately the woman’s choice. It is not a requirement for some states to fund abortions. Therefore, especially in these states, it should be the woman’s choice.
Abortion is an issue of women, and so it should be the woman’s right to choose. She has the free will to consider others’ views and opinions, such as those of the father, but it is her ultimate decision.
Bibliography:Dana PentoneyKaren SipesJen RoaneGovernment in America by Richard J. Hardy, copyright 1994, page 189Taking Sides on Clashing Views of Controversial Bioethical Issues by Carol Levine, Volume 3, copyright 1991, pages 4-8.
