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- The Right To Choose
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- Many people believe 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
- contains the right to privacy.
-
- The ninth amendment 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 the right to
- women, if they so choose, to have an abortion, up
- to the end of the first trimester.
- Regardless of the fact of morals, a woman has the
- right to privacy and choice to abort her fetus.
- The people that hold a "pro-life" view argue that a woman
- who has an abortion is killing a child. The "pro-choice"
- perspective holds this is not the case. A fetus is not yet a baby.
- It does not posess 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
- for "person-hood":
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- 1) consciousness (of objects and events external and or
- internal to the being), and in particular the capacity
- to feel pain.
- 2) reasoning (the developed capacity to solve new
- and relatively complex problems)
- 3) self-motivated activity (activity which is relatively
- independent of either genetic or direct external control)
- 4) the capacity to communicate, by whatever means,
- messages of an indefinite variety of possible contents,
- but on indefinltely many possible topics.
- 5) the presence of self-concepts, and self-awareness,
- either individual or social, or both. (Taking Sides
- -Volume 3).
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- Several cases have been fought for the right to choose.
- Many of these have been hard cases with very personal
- feelings, but the perserverance 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
- the right to privacy included abortions. Roe v. Wade
- was based upon this case. 1973 - Roe v. Wade: -
- 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 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
- and reproductive system.
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- 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
- bear or beget a child."
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- Abortion is one of the most controversial issues
- in the world today. Everyone has their own individual
- opinion. A woman's body is hers and hers alone.
- Nobody has the right to make her do something that
- she does not want to. The Supreme Court has stated
- it is the women's right to have an abortion, if she
- so chooses, according to Roe v. Wade.
- In later cases however, the Court has upheld Roe in
- Planned Parenthood of Pennsylvania v. Casey (1992).
- In the same ruling, though, the Court gave states new powers to restrict
- access to abortions. (Hardy, pg. 189).
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- 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, but if
- a fetus will be unwanted, it is better to be aborted than to
- be abused or neglected.
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- 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
- guaranteed by the constitution.
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- Although there are some restrictions on abortion,
- due to the states' rights, it is still ultimately
- the woman's choice. It is not a requirement for
- some states to fund for 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 that of the father, but it is her ultimate decision
- guaranteed by the law.
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- Dana Pentoney
- Karen Sipes
- Jen Roane
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- Government in America
- by Richard J. Hardy
- copyright 1994
- page 189
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- Taking Sides on Clashing Views of Controversial
- Bioethical Issues
- by Carol Levine
- Volume 3
- copyright 1991
- pages: 4-8
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- The American Heritage History of the Bill of Rights
- - The Ninth Amendment
- by Phillip A. Klinkner
- copyright 1991
- pages: 31, 56, 75-78, 80-87, 110, 116
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