Tuesday, July 10, 2018

Roe isn't just about women's rights. It's about everyone's personal liberty

July 8, 2018 (Washington Post), Roe isn't just about women's rights. It's about everyone's personal liberty, by Nancy Northup:

In an opinion piece, Nancy Northup writes that if the Supreme Court overturns Roe v. Wade "everyone's personal-liberty rights are on the line."  She explains:

The constitutional framework of Roe is about far more than abortion. It’s about rearing our children without unwarranted government interference. It’s about choosing whom we want to marry. It’s about deciding with whom we want to create a home. It’s about the right to use contraception. It’s about what the Supreme Court in Planned Parenthood v. Casey explained is the “promise of the Constitution that there is a realm of personal liberty which the government may not enter.”

Roe was the basis for many cases protecting liberty outside of the context of reproductive rights.  For instance, the Supreme Court relied on Roe and Planned Parenthood v. Casey when it held that states can't criminalize intimate sexual conduct between same sex partners in Lawrence v. Texas and guaranteed the right of same sex couples to marry in Obergefell v. Hodges

Northup argues that it is dangerous to look at Roe as a "stand-alone" case:

This guarantee of individual liberty is bound together through decades of accumulated legal precedent. Within the interconnected framework of our rights, Roe is a load-bearing element. Knock it down, and the structure falls.

The Center for Reproductive Rights' report analyzing Roe's relationship to fundamental liberty rights to marry, use contraceptives and to procreate as well as sexual rights, rights to bodily integrity and medical decision-making can be found here.

 

http://lawprofessors.typepad.com/reproductive_rights/2018/07/roe-isnt-just-about-womens-rights-its-about-everyones-personal-liberty.html

Abortion, Supreme Court | Permalink

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