Is abortion protected by any of the amendments in the constitution of the United States of America?
2006-12-03 13:08:10 · 5 answers · asked by elainemt 1 in Politics & Government ➔ Law & Ethics
no...but the Constitution does not prohibit it...the courts have read into the nature of freedom described in the constitution as a reason for their decision in Roe vs Wade. A basic American and human right of a woman to have control over her own body
2006-12-03 13:14:49 · answer #1 · answered by Ford Prefect 7 · 1⤊ 2⤋
Not that I can think of, no. It's protection comes from Roe v. Wade, a precedent took place stating that abortion, up to a certain point, should be legal. And a precedent being a law, while it's not an amendment, it is held in regard as legal.
2006-12-03 21:19:15 · answer #2 · answered by Huey Freeman 5 · 2⤊ 0⤋
It depends on how much imagination you have.
A previous answer correctly stated that the Court identified the 14th Amendment as the source of the protection. That isn't truly a satisfactory answer. But just try and be imaginative.
Laws prohibiting abortion could be thought of as being a violation of the 13th Amendment. which prohibits slavery. A woman who is forced to carry her pregnancy to full term could be thought of as a slave.
Laws prohibiting abortion could be thought of as being cruel and unusual punishment, thus violating the 8th Amendment.
Laws prohibiting abortion could be thought of as inteferring with a woman's right to have as much sex as she wants to have, and the right to have sex is guaranteed by the First Amendment, which protects the right peacably to assemble. Two people having sex are peacefully assembling and so their sexual activity is protected by the First Amendment.
Just use your imagination.
2006-12-03 21:55:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
doesn't say it.. but when Roe vs Wade went to the Supreme Court they decided that laws against abortion violated the 14th amendment..and it overturned all the laws against abortion in all states
2006-12-03 21:16:36 · answer #4 · answered by katjha2005 5 · 2⤊ 1⤋
the problem isn't the law. law says killing a human being is murder, but the question is, Is it a human yet? anyone with half a brain that passed high school knows it is but no one will agree on it till hell frezzes over.
2006-12-03 21:18:32 · answer #5 · answered by TJ815 4 · 0⤊ 2⤋