C
cooterhein
Guest
There are a variety of basic human rights and freedoms that must be protected. Sometimes, however, issues arise that force you to rank the relative importance of these various rights and sacrifice one at the expense of another.i understand that there are probably as many opinions on abortion as there are people on this forum. that said, why should any one religion’s opinion on the subject be forced onto people that aren’t of that faith?
so abortion is a sin in the catholic church, but why should hindus or muslims have to accept that? some do or don’t anyway, but there doesn’t seem to be any general consensus in those religions. most muslims allow it until the fourth month, and many, but not all, hindus ban it outright.
so my question isn’t on whether or not abortion is a sin. rather, i want to know is if it is ever alright to force one person’s beliefs on another person, and why or under what circumstances.
The issue of abortion is one of those issues. On one hand, you have the right to life. On the other hand, you have the right to privacy. (Other basic rights include free speech, freedom of assembly, freedom of the press, and in general, the right to safety, health, and general well-being that tends to fall under the health/safety/morals heading). To be completely accurate, the term used in Roe v. Wade was “the penumbra of privacy.” That’s where the basis lies for the protection of abortion.
So there’s a couple of reasons for why we can do better than this. Number one, this is not an example of getting our priorities right. The right to life is appropriately regarded as more important than the right to privacy. That doesn’t mean a pro-life person hates privacy or women or anything like that, any more than a pro-choice person is pro-death or a baby-killing-hater-awful-person. It’s a matter of relative importance as it pertains to these basic human rights. We believe the right to life is more important than the right to privacy (or its penumbra, if that makes any difference). Perhaps you don’t agree, but we do believe that’s the reality of the situation, that the law should reflect this, and that the law as it now stands does not endorse a view of morality that is true to reality. We probably disagree on that point, but this is where we stand.
Number two, from a strictly legal standpoint, the placement of abortion under the protection of “the penumbra of privacy” is weak at best. A penumbra refers to the twilight region between light and shadow. It’s not entirely in the light, but it’s not entirely in the shadow either. That’s the penumbra, and as far as legal protection goes, it basically amounts to an acknowledgment of the fact that this is, at best, a very tough call and that the right to abort does not fall directly under the banner of a woman’s right to privacy. It’s not fully in the shadow of that right; it’s in the twilight region where it can sort of go either way. That’s how it’s actually presented in Roe v. Wade, and even that is controversial. From a strictly legal point of view, it’s one of the most significant decisions ever made by a Supreme Court and it’s also based on some of the weakest legal footing that we’ve ever seen. These two things combine to form a delicate and volatile situation where everyone knows how weak the legal argument is, but for something this important, it’s awfully hard to reverse the precedent that’s been set forth. And even if it is, abortion won’t be illegal everywhere- that law will once again be in the hands of each individual state.
Pay special attention to that last part. It’s the main reason why I think you’re wrong to believe this pro-life thing is geared toward forcing religious beliefs on people. We know that an outright federal ban of abortion is unrealistic, and we know that the end result of overturning Roe v. Wade does not accomplish this. Surely you know this too?