Abortion: Sanctity of Human Life and the Rights of (wo)Man

BuckeyeSundae
Sat, 26 May 2018 16:09:55 +0000

Yesterday, Ireland passed a referendum that will repeal a constitutional amendment that banned abortions. The government of Ireland will now have the explicit authority (as soon as the results are certified) to legislate matters of abortion directly. This seems likely to lead to a substantially less restrictive stance toward abortion in one of the most restrictive member nations of the EU. It would still likely end up being slightly more restrictive law than in the United States.

Ireland's history regarding abortion's legality is explicitly tied as a counter-reaction to Roe V. Wade, the American supreme court case that found abortion legal until the third trimester under a rights-balancing test under the 9th and 14th amendments (which--implicitly--enshrines a right to privacy and--explicitly--expands that right to the state level, respectively). While this balancing test was later changed to a standard requiring "fetal viability," states and activists through the United States organized against the Supreme Court's decision to create new limitations on abortion.

So today, I'm seeking to sidestep some of that history to wrestle with the core underlying balancing test Roe v Wade and other similar legal frameworks have tried to answer: when is a pregnant woman's rights more or less important than the life of the living being growing inside of her? In what circumstances (if any) should a woman be allowed to choose to end her pregnancy?

Comments URL: https://tildes.net/~talk/wn/abortion_sanctity_of_human_life_and_the_rights_of_wo_man

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