Reply to Trying to understand Catholic arguments for and against abortion

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Pro choice Catholics are making a political point: the U.S. government has no business telling citizens what to do with respect to their own health care, reproductive decisions, and bodies. Same argument if the government decided that religious circumcision was child abuse and started arresting mohels.

BTW, the "states right" argument is legally weak and utterly ridiculous.[/quote]

How is the states rights argument weak and utterly ridiculous?  It was how it worked in the country for hundreds of years until Roe.

The fact is that a zealous faction wanted to shortcut the legal process for enshrining an unenumerated right into the Constitution by using the Supreme Court for politics instead of doing the work required to do a Constitutional amendment.  So fifty years later, we are still arguing about this.[/quote]
Just like discriminating against blacks was legal until a constitutional amendment… oh, wait, the Supreme Court did that first too…. Those zealots demanding equal rights and not using the right process![/quote]

Whoa! Do you believe the 14th Amendment was done by the Supreme Court? Just FYI, in case you didn't know, the Supreme Court only made the pretty obvious interpretation of the 14th Amendment that racially discriminatory state laws violated the 14th amendment.

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And now the Supreme Court can make the equally obvious interpretation that the 14th amendment prohibits the deprivation of liberty and the denial of equal protection caused by abortion bans.  No?[/quote]

I don't think the case can be made for a right to abortion based on liberty because under the 14th a state can deprive a person of liberty using the due process of law--"...nor shall any state deprive any person of life, liberty, or property, without due process of law;..."

Equal protection is more elusive in it meaning in relation to abortion, perhaps why Roe referred to emanations.  At heart, equal protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.  The meaning of this, however, is clear in the context of racial discrimination.

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