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The Right to Privacy

Abortion Debate

This forum is for Abortion debate only. If you are highly sensitive about this topic, read at your own discretion.

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August 2nd, 2006, 09:21 PM
Mega Super Mommy
Join Date: Jun 2006
Posts: 3,496
To what extent is there a "right to privacy"? Do you find abortion to fall under this right?

SCOTUS has said the 14th amendment creates a sphere of privacy (other spheres of privacy are created by other amendments- such as the 1st and 5th).

The 14 amendment:

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.

Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.[/b]
In Griswold v Connecticut, SCOTUS stated that the bolded section above creates a zone of privacy:
The Connecticut statute forbidding use of contraceptives violates the right of marital privacy which is within the penumbra of specific guarantees of the Bill of Rights[/b]
(they go on to specifically speak of the 14th amendment).

Roe v Wade and PP v Casey used this ruling.

Article 12 of The Universal Declaration of Human Rights:
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.[/b]
taking jm breaks if you don't see me around much
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August 3rd, 2006, 09:24 AM
Posts: n/a
These types of things in the law is exactly why it become, my body, my choice as a slogan.. Thank you for posting that. It just reconfirmed why no laws should be passed on women's bodies.
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August 3rd, 2006, 09:52 AM
Mega Super Mommy
Join Date: May 2006
Posts: 2,667
I know the right to "privacy" has been brought up as an argument that the Constitution covers women's rights to abortion, but I've got to ask--How can something be "private" that involves at least 2 other people than the woman involved? There is also the baby (who might also want the right to live) and the father of the child. Why is abortion covered, and not other forms of death? What if a husband and wife are having a "private" argument in the "privacy" of their home. What if he decides to kill her? Is that private? It took place in their private home? Should the government have the right to go into someone's private home and arrest the guy because he didn't kill her on the street? He has the right to privacy too.

I have read the Constitution, and I don't think there is any right to privacy in it. You have the right to life, liberty and property, but not privacy. And the UN declaration of human rights is not the US declaration of human rights. The US Constitution sets up equality of opportunity, not equality of outcome. Trying to have equality of outcome is called socialism/communism, and we've seen how well that can turn out!

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