This post may be very controversial. So brace yourself because its likely you won’t agree with me. If you want to know how I feel about Abortion then I recommend you read this post that I wrote. As of late, I have been on a Supreme Court case breakdown bender. I’ve done both the first amendment and fourth amendment, you can read each those posts respectively. This post is going to be about abortion. First, I want to give a quick breakdown of Roe vs. Wade, the ground breaking court case decided in 1973. It outlawed laws against abortion except in the third trimester. However you feel about abortion, I will just be stating the courts’ decision on this. After that, I want to present my opinion on how to handle abortions in way that gives pro-lifers a peace of mind and at the same time gives women the right to choose. For starters, as a baseline I believe the government has no business intervening in abortions. Especially when it comes to paying for them. I also believe that women should have the right to choose whether to keep the baby or not. I will get into what should happen if they choose to not keep it.
If you’re not familiar with the facts of Roe vs. Wade you can read that here. Roe vs. Wade was decided whether or not Texas’ law making all abortions criminal was constitutional via the fourteenth amendment and ninth amendment. If you are not familiar with either of those amendments than here is a short explanation and a quote of another. The fourteenth amendment as it applies to this case has to do with due process and the equal protection of the law. Due process means you get a fair trial and equal protection of law means that everyone is protected under the law with no discrimination. The ninth amendment is a little more broad, it says this:
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
In simple terms, the ninth amendment says that any rights not mention by the constitution can be implied if necessary. Obviously its the job of legislative branch and the Supreme Court to decide what those rights are. In Roe vs. Wade, the decision went 7-2 for Roe. The decision took into account both the 9th and 14th amendments. They found that the 9th amendment didn’t apply. They also found didn’t rule on question of when life begins. But what Justice Blackmun’s majority opinion did was layout a framework to make abortion a legal right of privacy under the fourteenth amendment. The court also decided that due to concerns of health to both mother and baby, they set up an appropriate timeframe to actually get an abortion. They ruled that having the pregnant women’s attending physician could decide to abort up until the first trimester. Most importantly, they upheld Roe’s right to make that decision to have an abortion.
A women’s right to have an abortion is probably more important than the actual abortion itself in the eyes of the constitution. I think that science has pretty much narrowed down the parameters of safety and when life begins. The court expanded the fourteenth amendment to protect the privacy of women. No matter how you feel about abortion, you have to give them credit. Obviously, a lot of opposition to this decision and even the dissenting opinions were that of where life begins and the courts’ actual jurisdiction. Many people weren’t sure the constitution actually covers it or even mentions it. However, I don’t believe it has to. This is the law of the land until another case overturns it. So you might be asking what’s the point? What’s your point? How do you plan to make both pro-life and pro-choice happy? Let’s call it a compromise like our forefathers did.
I’ve already hinted that I like the idea that women have a right to choose. I believe the constitution does protect those rights. Unfortunately, the constitution doesn’t see morals like we do. This means we need to take the moral question out of it. I’ve never been big on abortions. I don’t think they are necessary unless in a medical emergency. I believe there is only one real circumstances where abortion is necessary. The situation is where the mother or child (or both) are in danger because of the pregnancy. In all other situations, I propose that we use adoption. Why adoption? Well for starters, it will quell the argument of over when life begins which is the main source of disagreement. But I believe that adoption is better than abortion.
For example, abortion is expensive and deadly to the fetus. Adoption is relatively cheaper because its just the care of the newborn. Adoption avoids the need for Supreme court rulings on abortion and keeps the fourteenth amendment intact. I am a man. (I don’t claim to know much) So I would almost have to think that choosing whether to raise the kid or give it up for adoption is an easier choice than raise the kid or kill it. In the beginning of the post, I mention how the government sometimes pays for abortions. I hate this. I think if you want to get an abortion you should have to pay. After all it is a choice. Making women who get abortions (Not women who were raped, they could potentially be paid by the government) pay for them would only strengthen the incentive to put up for adoption. I think that adoption gives a child who might otherwise die, a chance to live and grow up and be productive in society.
The other argument for adoption is that many couples try to have kids and fail because of many reasons, infertility and others. Regardless, these potential wanna be parents would have a larger pool of kids to adopt from. The government could spend the money they use trying to regulate abortion on making adoption easier and more streamlined. I believe that adoption provides an alternative that isn’t nearly as talked as it should be. Adoption could change everything and eliminate abortions altogether. Abortion is so controversial that nobody even likes to talk about it. The problem is that we all disagree on different points and levels. I think at the end day, we can all agree that free choice and the maintainance of life is most important to each side.
Thanks for reading!