By Peter Wenz
With the present composition of the ideally suited court docket and up to date demanding situations to Roe v. Wade, Peter S. Wenz's new method of the moral, ethical, and felony concerns relating to a woman's correct to optionally available abortion might flip the tide during this debate. He argues that the ideally suited courtroom reached the perfect determination in Roe v. Wade yet for the incorrect purposes. Wenz contends woman's correct to terminate her being pregnant may be established, now not on her constitutional correct to privateness, yet at the constitutional warrantly of non secular freedom, a foundation for freedom of selection that's not topic to the criminal criticisms complex opposed to Roe. at the very least as much as the 20 th week of a being pregnant, one's trust no matter if a human fetus is a human individual or no longer is a spiritual selection. He keeps that simply because questions on the ethical prestige of a fetus are spiritual, it follows that anti-abortion laws, to the level that it really is predicated on such "inherently non secular beliefs," is unconstitutional. during this well timed and topical ebook, Wenz additionally examines similar circumstances that take care of govt intervention in an individual's procreative lifestyles, the rules of contraceptives, and different laws that's both utilized to or imposed upon opt for teams of individuals (e.g., homosexuals, drug addicts). He builds a concrete argument that may substitute Roe v. Wade. writer word: Peter S. Wenz is Professor of Philosophy and felony experiences at Sangamon kingdom collage.
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Extra resources for Abortion Rights as Religious Freedom
Justice Blackmun, writing for the Court, cites a line of precedents that establishes the existence of a fundamental, constitutional right of privacy. He maintains that a woman's right to terminate her pregnancy is one of these rights of privacy. But some of the precedents relied on by Blackmun are themselves poorly grounded in the Constitution, and even if a constitutional right of privacy is constitutionally well grounded, it cannot plausibly be extended to include a right to have an abortion.
33 In this sense, medical matters are ordinarily considered private. 34 Contraception and abortion are medical matters, so privacy in the informational sense would reasonably apply to them. But the privacy rights asserted in Eisenstadt and Roe do not concern the right to keep out of public view one's contraceptives or abortion. They concern the right to have contraceptives and abortions. The issue is not publicity, but access. The controversial right is to have and do certain things, not to prevent others from knowing about them.
The smaller the difference allowed between the current and the original understanding of these rights, the more latitude is given to majority rule and the less constitutional protection is afforded to individual rights. Leaning toward the Liberal extreme (of protecting all manner of individual rights) is an approach that finds implicit in the Constitution guarantees of rights not mentioned explicitly but arguably implied by those that are mentioned explicitly. Farther from the extreme is an approach that is confined to rights mentioned explicitly in the Constitution but that concentrates on those rights in their most general form.