The people who are on the two sides of this debate do not have much in common. I compare it to the debate over slavery in the 1800s.
Before the Civil War, there were people who believed that slaves were less than human or certainly not equal to themselves. Some were brought up believing that, some just wanted to believe it and others didn’t really care, they just wanted the free labor. They believed slaves were their property and they could buy, sell, and even kill them.
The abolitionists believed that slaves were humans just like they were and one human cannot own, sell or kill another.
The two sides could not agree and they fought a war over it. In that conflict, in politics, the Democrats believed in owning slaves, and the Republicans did not.
In the end, Congress passed the 13th amendment to the Constitution prohibiting slavery and it was ratified by the states. It was not prohibited by a decision of the Supreme Court.
Fast forward to today’s debate over abortion.
One side believes that unborn children are not humans like ourselves. Some believe they are just a bunch of cells until the doctor slaps your rear end when you are “born”. Others believe you can buy, sell, and even kill unborn children because they are really only a part of one’s own body, like a kidney or their property. Others don’t really care, they just want to be able to have worry-free sex.
The other side believes unborn children are humans just like we are and one human cannot own, sell or kill another.
The two sides cannot agree. In this conflict, in politics, the Democrats believe unborn children are not humans with equal protection under the law, and the Republicans believe unborn children are humans with human rights.
The parties are on the same sides they were in the Civil War. The Democrats believe you can own, sell or kill unborn humans and the Republicans do not.
Since the Constitution does not address the issue of abortion, it would take a constitutional amendment by either side to have a nationwide standard. That has not happened. In that case, the Constitution says that such matters are left to the states or to the people.
Instead, in 1973, the Supreme Court created a right to abortion on its own in the case of Roe vs Wade. It created a “right to privacy” (The word privacy did not appear in the Constitution.) from the 14th amendment which says, ”
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Many legal experts on both sides have said that the Roe vs Wade decision was flawed legally.
The Supreme Court overturned Roe vs Wade claiming the Constitution does not really address the issue and therefore it is up to the states or the people. So what happens now? One side or the other could try to pass an amendment to the Constitution, but I do not believe either side would prevail at this time. More than likely each state will have its own laws based on the beliefs of the majority of the people in that state.
Questions that people have to decide what they believe are;
When does life begin?
Is an unborn child a separate human with rights of its own including the statement, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”?
For either side to prevail nationwide, it will take a constitutional amendment.
As for me, I believe a human is created at conception and it has all the rights of any other human. Therefore, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”