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 criminal concerns regarding a woman's correct to optionally available abortion may well flip the tide during this debate. He argues that the perfect court docket reached the ideal selection in Roe v. Wade yet for the incorrect purposes. Wenz contends woman's correct to terminate her being pregnant may be established, no longer 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. a minimum of as much as the twentieth week of a being pregnant, one's trust even if a human fetus is a human individual or now not is a spiritual choice. He keeps that simply because questions on the ethical prestige of a fetus are non secular, it follows that anti-abortion laws, to the level that it truly is predicated on such "inherently spiritual beliefs," is unconstitutional. during this well timed and topical publication, Wenz additionally examines similar circumstances that take care of executive intervention in an individual's procreative existence, the law 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 which could exchange Roe v. Wade. writer notice: Peter S. Wenz is Professor of Philosophy and felony stories at Sangamon kingdom collage.
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Additional resources for Abortion Rights as Religious Freedom
Harlan's argument here is structurally identical to Stewart's substantive due process rationale in Roe v. Wade. Since we are mainly interested in Roe, I postpone criticism of this kind of rationale until I consider it in the context of Stewart's opinion in Roe. Suffice it to say that the problems are formidable and account for the fact that Douglas avoided appealing to substantive due process in his Griswold opinion, as he had earlier tried to avoid it in his Skinner opinion. Writing for the Court, which agreed with Harlan that Connecticut's statute was unconstitutional, Douglas based his decision in Griswold on the statute's authorization of undue interference with intrafamilial relationships.
The reason, said Brennan, is this: "The marital couple is not an independent entity with a mind and heart of its own, but an association of two individuals, each with a separate intellectual and emotional makeup. If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child. "24 Brennan here takes the notion of privacy away from the intrafamilial context in which it was developed by Douglas in Griswold and applies it to the notion developed in Skinner that people have a fundamental right to control their procreation.
So the Griswold decision reinforces the view generalized from the Pierce decision that people have special rights regarding intrafamilial relationships. Harlan, in contrast, rejected the view that the Bill of Rights protects more than the rights explicitly mentioned therein. He maintained, instead, that the Due Process Clause of the Fourteenth Amendment protects certain fundamental rights, regardless of the fact that those rights are not mentioned in the Constitution. Following a generalization from the Skinner decision, he includes among these the right to control one's own procreative powers.
Abortion Rights as Religious Freedom by Peter Wenz