Abortion Term paper
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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":
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...
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