Supreme Court and Roe vs. Wade

When President Obama nominated Elena Kagan for the Supreme Court, much discussion ensued regarding her position on abortion rights. I am a strong supporter of the right of choice for women. I don't believe the states or the Federal Government should restrict abortion. The primary objection to abortion is based on religious beliefs and is therefore not relevant to the discussion. Unfortunately, religion still drives much of our lawmaking despite the First Amendment restriction on establishment.

The First Amendment states "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; ...". That's pretty clear to me, yet the basic premise for restricting abortions is driven by a religious belief that a soul is placed into a fertilized egg at conception and is therefore a miniature human being.

I'm not going to debate the ridiculousness of that thought, but instead I will address the role of the Supreme Court in the abortion debate.

From a strict constructionist perspective, there is nothing in the Constitution that guarantees the right to abortion. The same could be said of many other rights we enjoy. The Constitution was intended as a framework to guide decision-making and lawmaking, but was never expected to be a comprehensive set of guidelines to cover all possible situations. Thus, the need for a body to interpret the Constitution whenever issues of intent are involved.

The right to abortion, and for that matter, any decision about one's own body, should rest with the individual and not with society. As long as what one does with one's own body does not physically harm another, society has no right to restrict what one does with one's own body. Abortion is an example of this. An embryo is not a person, just as an egg is not a chicken.

Taking this concept to the next level, I believe we need an amendment to the Constitution that guarantees all citizens the right to self-determination of anything having to do with their own body without interference from society. Not only would that allow women to choose to have an abortion, but it would also allow people to decide when to die.

It is not for society to control my body. That is my right, and mine alone.