IS THERE A CONSTITUTIONAL RIGHT TO AN ABORTION?
With the news that Texas has adopted a fetal heartbeat law, effectively banning abortion in most cases, the far left has gone into high gear. They are once again rolling out the argument that, “Abortion is a woman’s right protected in our Constitution.” But is this really the case? Does the U.S. Constitution even mention abortion?
Last week the majority of our Supreme Court (5-4) said that it would not grant an injunction in the Texas case, thereby allowing the Texas law to stand. There were three different dissents issued by three of the four justices who were in the minority. The most inflammatory words came from Justice Sonia Sotomayor. She began by saying that Texas law was “flagrantly unconstitutional.” She went on to say that the law was not only unconstitutional, but was “engineered to prohibit women from exercising their constitutional rights.” (Does this include an unborn female in the womb!?)
Our United States Constitution contains 7,591 words, including the 27 amendments. The amendment typically cited as “protecting the right” to abortion is the 14th Amendment. The 14th Amendment, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including formerly enslaved people—and guaranteed all citizens “equal protection of the laws.” In its later sections, the 14th Amendment addresses several other issues such as: the right to vote, debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, etc. The key question is this: Does the 14th Amendment (435 words) ever mention abortion? If so, where? How?
Those in favor of abortion often quote what is called “The Due Process Clause of the Fourteenth Amendment” and argue that this brief clause provides a fundamental “right to privacy” which protects a pregnant woman’s right to choose whether or not to have an abortion. Here’s how this clause reads: “nor shall any State deprive any person of life, liberty, or property, without due process of law.”
What’s missing? Any mention of “abortion”! You can read and reread the 14th Amendment, and you will simply not find any reference to abortion. When the Supreme Court handed down the infamous Roe decision in 1973, it did not do so because it suddenly found abortion mentioned somewhere in the constitution. It’s not. Instead, the court went on a fishing expedition to try and find some kind of language, in the constitution, to justify a new “right” that they wanted to invent. That’s the bottom line.
In the Roe decision, a mother’s womb became the most dangerous place in America for a child. The author of the 7 – 2 Roe decision, Justice Harry Blackmun, wrote in his memoirs that he had already made up his mind that abortion should be legalized before he came up with a constitutional argument. He just needed to come up with the legal theory to justify his ruling. Hence the invented myth of a “right to privacy” which protects a “woman’s right” to terminate the life in her womb.
One of the reasons that the pro-abortion lobby wants to find a “right to abortion” in our Constitution is to help destigmatize the whole concept of abortion. But the truth is that abortion has usually been stigmatized, and always will be.
That doesn’t mean that the Church shouldn’t have compassion on those who’ve had abortions. We should! They need our love and support. Unfortunately, however, this still does not remove the moral stigma surrounding abortion. Most cultures, throughout history, have viewed abortion as evil, wrong, shameful, and abhorrent. Contemporary abortion rights advocates want to see abortion liberated from this moral shame. But that’s not going to happen. The reason it will not happen is because human beings, of all cultures, know that terminating human life (at any stage) is wrong. And you don’t need a Bible to know that!