Abortion And Ethics
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": 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).
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. 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."
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).
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. 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. 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.
Bibliography
Government in America by Richard J. Hardy
copyright 1994 page 189 Taking
Sides on Clashing Views of Controversial
Bioethical Issues by Carol Levine
Volume 3 copyright 1991 pages: 4-8