"Ignorance of Scripture is ignorance of Christ." - Jerome

Wednesday, November 16, 2005

Is the Constitution pro-life or neutral?

An interesting question. I had always taken the position that Roe v Wade should just be overturned and the decision on abortion given to the states. But apparently some think the Constitution actually forbids abortion in the Fourteenth Amendment. Is this an overreading by pro-lifers or could it be true? Some of the text of the argument:

"It is surprising, therefore, that on this most central constitutional and moral issue a preponderance of pro–life advocates and legal scholars continually misinterpret the Constitution. According to them, a proper reading of the Constitution would reject the concept of a privacy right to abortion, and thus return the nation to the pre–Roe status quo in which the decision of when, whether, and how to regulate abortion was left to the states. In offering this “restoration interpretation,” they ignore or reject the proper interpretation, which would extend the protections of the Fourteenth Amendment to unborn persons. This is what I will call in this essay the “unborn person interpretation.”

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