By Peter Wenz
With the present composition of the excellent court docket and up to date demanding situations to Roe v. Wade, Peter S. Wenz's new method of the moral, ethical, and felony matters concerning a woman's correct to optional abortion may well flip the tide during this debate. He argues that the preferrred court docket reached the suitable choice in Roe v. Wade yet for the inaccurate purposes. Wenz contends woman's correct to terminate her being pregnant will be established, now not on her constitutional correct to privateness, yet at the constitutional warrantly of non secular freedom, a foundation for freedom of selection that isn't topic to the criminal criticisms complex opposed to Roe. at the least as much as the 20 th week of a being pregnant, one's trust no matter if a human fetus is a human individual or now not is a non secular choice. He continues 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 ebook, Wenz additionally examines comparable situations that care for executive intervention in an individual's procreative existence, the law of contraceptives, and different laws that's both utilized to or imposed upon pick out teams of individuals (e.g., homosexuals, drug addicts). He builds a concrete argument that can change Roe v. Wade. writer notice: Peter S. Wenz is Professor of Philosophy and criminal reports at Sangamon country college.
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Additional info for Abortion Rights as Religious Freedom
The right to "liberty" guaranteed in the Fourteenth Amendment is such a general right. All the Liberal approaches are illustrated in Chapter 1. The Conservative view is discussed further in Chapter 3. I adopt a view that I believe to be closer than any of those so far mentioned to the midpoint between the extremes of total deference to majority rule and complete protection of individual rights. I call this the Moderate view" I would confine the constitutional protection of individ-. ual rights to rights explicitly mentioned in the Constitution.
But, contrary to Rubenfeld, privacy in this sense is not, for the most part, respected in our society or in our law. " The most obvious are laws concerning compulsory education. Even though, since the Pierce decision, the state may not outlaw private and parochial schools, it may still standardize education to a great degree. It may require all schools to be state certified, and may require for certification that teachers have certain credentials, that curricula include certain subjects, and that average students attain certain levels of proficiency in those subjects.
In this case, because the right to procreate is so fundamental, and the distinction between larceny and embezzlement so devoid of justification, Douglas was on firm ground in declaring that the statute violated people's rights to equal protection of the laws. The case could just have easily been decided on grounds of substantive due process. Douglas maintains in Skinner that the ability to procreate is a fundamental right. As already noted, this belief is sufficient to trigger the strict judicial scrutiny that would justify the Court's rejection of Oklahoma's statute on grounds of substantive due process.
Abortion Rights as Religious Freedom by Peter Wenz