The ninth amendment states: “The enumeration inthe Constitution, of certain rights, shall not be construed to deny ordisparage others retained by the people. ” This right guarantees theright to women, if they so choose, to have an abortion, up to the endof the first trimester. Regardless of the fact of morals, a woman hasthe right to privacy and choice to abort her fetus. The people thathold a “pro-life” view argue that a woman who has an abortion iskilling a child.
The “pro-choice” perspective holds this is not thecase. A fetus is not yet a baby. It does not posess the criteriaderived from our understanding of living human beings. In a notabledefense of this position, philosopher Mary Anne Warren has proposedthe following criteria for “person-hood”: 1) consciousness (of objectsand events external and or internal to the being), and in particularthe capacity to feel pain. 2) reasoning (the developed capacity tosolve new and relatively complex problems) 3) self-motivated activity(activity which is relatively independent of either genetic or directexternal control) 4) the capacity to communicate, by whatever means,messages of an indefinite variety of possible contents, but onindefinltely many possible topics. 5) the presence of self-concepts,and self-awareness, either individual or social, or both.
(TakingSides -Volume 3). Several cases have been fought for the right tochoose. Many of these have been hard cases with very personalfeelings, but the perserverance showed through and gives us the rightswe have today. Here are some important cases: 1965 – Griswold v. Connecticut – upheld the right to privacy and ended the ban on birthcontrol. Eight years later, the Supreme Court ruled the right toprivacy included abortions.
Roe v. Wade was based upon this case. 1973- Roe v. Wade: – The state of Texas had outlawed abortions. TheSupreme Court declared the law unconstitutional, but refused to orderan injunction against the state.
On January 22, 1973, the SupremeCourt voted the right to privacy included abortions. In 1976, PlannedParenthood v. Danforth (Missouri) ruled that requiring consent by thehusband and the consent from a parent if a person was under 18 wasunconstitutional. This case supported a woman’s control over her ownbody and reproductive system. Justice William Brennan stated: “If theright to privacy means anything, it is the right of the individual,married or single, to be free from unwanted governmental intrusioninto matters so fundamentally affecting a person as the decision tobear or beget a child.
” Abortion is one of the most controversialissues in the world today. Everyone has their own individual opinion. A woman’s body is hers and hers alone. Nobody has the right to makeher do something that she does not want to.
The Supreme Court hasstated 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 upheldRoe in Planned Parenthood of Pennsylvania v. Casey (1992). In the sameruling, though, the Court gave states new powers to restrict access toabortions.
(Hardy, pg. 189). Abortion deals with one’s private lifeand should have nothing to do with the government. However, abortionshould not be used as a means of birth control, but if a fetus will beunwanted, it is better to be aborted than to be abused or neglected.
Many people try to force their beliefs on others and judge them fortheir actions. These people need to judge themselves before they startto judge others. The bottom line is no matter what anyone thinks thelaws speak for themselves. It is a woman’s right to privacy to controlher reproductive system guaranteed by the constitution.
Although thereare some restrictions on abortion, due to the states’ rights, it isstill ultimately the woman’s choice. It is not a requirement for somestates to fund for abortions, therefore, especially in these states itshould be the woman’s choice. Abortion is an issue of women, and so itshould be the woman’s right to choose. She has the free will toconsider others views and opinions such as that of the father, but itis her ultimate decision guaranteed by the law. —ReferencesGovernment in America. by Richard J.
Hardy. copyright 1994. page 189. Taking Sides on Clashing Views of Controversial Bioethical Issues. byCarol Levine. Volume 3.
copyright 1991. pages: 4-8. The American Heritage History of the Bill of Rights – The NinthAmendment. by Phillip A. Klinkner.
copyright 1991. pages: 31, 56,75-78, 80-87, 110, 116.