This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation.-- Roe v. Wade
The recent excitement has, like LBJ's death originally, made yesterday's anniversary of Roe v. Wade a sideshow of sorts. But, its security of privacy, particularly as practiced by certain groups with special burdens (be it women or homosexuals or whomever), is followed in spirit by the Prop 8 battle that continues onward.* Thus, equality and liberty, including the liberty to make certain intimate choices that touch upon matters of fundamental importance including one's very health and lives, join together as one to the current day.
As conservative Justice Harlan noted a decade earlier, "the State is asserting the right to enforce its moral judgment by intruding upon the most intimate details" in a "matter [regarded] for the conscience of the individual and her family" (to quote Roe). As Samuel Adams, the patriot that pushed for our independence once noted:
Driven from every corner of the earth, freedom of thought and the right of private judgment in matters of conscience direct their course to this happy country for their last asylum.
And, as Roe itself said (some who ridicule it might want to read it more closely**), this includes greatly debated questions that divide us, including the place of embryonic and fetal life. Such great matters of religious debate are questions left in many ways to the conscience of each person. This is not only good policy, but follows the words and spirit of the Constitution. Again, it is particularly important when the alternative, in ways that often are counterproductive to the alleged justifications (see the result of abortion bans in Latin America), burdens certain groups.
But, focus on a particular ruling is too limiting. The spirit of Roe is secured in private and public life in a myriad of ways, while the threats to it often arise there as well. Those against abortion realize the importance of such realms as well, realizing that reduction of abortion often is not a matter of banning it, but dealing with the reasons that lead to abortions. Ironically, this at times promotes the basic sentiments of the ruling in the process.
Happy birthday and keep well.
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* As discussed on the latest episode here, one thing a viewer of the trial could have seen was a local politician emotionally discuss his changing his mind on voting against a measure to support same sex marriage.
He also firmly noted that be against same sex marriage is "prejudice," even it might not make you a simple "bigot." Such a personal account means more than words on a page, particularly when many are more likely to watch than searching for them in some dry transcript.
** It is quite open to some criticism even though the concurrences and later cases added more flesh to the reasoning. For instance, the quoted paragraph is basically the core analysis of why the right to privacy applies to this specific context. It is somewhat lacking.
But, other aspects, including why "person" doesn't apply to embryos and so forth is less so. In fact, though shall we say sometimes in embryonic form, there is a lot of good stuff there. If we focused on thin opinions alone, any number would be open to scorn.