Constitutional right to privacy is a law term that elicits much debate in the law field. This is because, many people hold different perspectives and interpretations of its meaning. Besides that, the lacks a specific reference of privacy in the constitution. However, in broad terms, it refers to a law that protects people from unwarranted government interference in their private life, relations or activities (Stephen and Scheb, 406). It empowers people the freedom to make fundamental choices about their life such as sex, reproduction and other personal relationships.
As stated earlier, the right to privacy gives individuals the freedom to make choices with their life. In the Supreme Court case of Roe v Wade 1990, the court held that the right to privacy is broad enough to include a woman’s decision to terminate or not terminate her privacy. This decision by the Supreme Court to give rise to a sense to moral individualism that is deeply entrenched in the American cultural values. This decision was majorly welcomed by the liberalists, who argue that the role of the government is to protect people but not question against their morality. According to libertarianism, the law or constitution should be interpreted to maximize the scope of liberty (Stephen and Scheb, 407).
Although the Row v Wade has received much support from the liberalists, it has also received a fair share of criticisms from the classical conservatism. This school of thought hold the view that people should often be protected against making irrational decisions that may affect their moral values. The classical do not only protect the traditional moral values but also the embodiment of that morality in the constitution.
Prior to the decision of the Supreme Court in 1973, procuring of abortion without valid reasons amounted to a crime. However, it was only accepted when a doctor declared that the life of the mother was at risk due to the abortion. As seen in Section VI "A Right of Personal Privacy of the Iron book, many human rights groups had championed for the restructuring of the abortion laws but did not make any progress. For instance, during the case involving Sherri Finkbine, a woman who wanted to procure an abortion because her doctor had advised that she may deliver a deformed baby since she had taken medications that affected the growth of the unborn child. After the news of her plight had been spread by media, many hospitals turned down Sherri’s request for abortion. Fortunately a Swedish newspaper offered to organize for Sherri’s abortion but only on one condition, that is, if she would agree for interviews once the abortion was done. When these events were progressing a team of dedicated lawyers began organizing for long range campaigns that would repeal the abortion laws. Fortunately a landmark came in 1971 when several states started repealing the criminal abortion laws to accommodate the views of proponents of abortion.
It is thus clear, the Supreme Court has greatly aided in the legalization of the abortion laws. The cases it has received has made it realize that abortion is one aspect that is enshrined in the right of privacy of an individual and hence should be respected. One of the greatest cases that have helped the court to take stands on the right to privacy is the Roe v Wade case. In this case, Jane Roe wanted to procure an abortion because she had alleged that she was gang raped. However, her doctor advised her it was illegal to conduct an abortion. This made her seek the services of an attorney, Sarah to argue her case. It was as a result of this case that the Supreme Court that handed a landmark verdict that changed the Texas abortion law. Other notable cases that have contributed to the right of privacy include; Moe v Secretary of administration and right to choose v Byrne.
On the issue of public funding of abortions, the Supreme Court created a provision in the law called the Hyde amendment which restricts use of federal money to fun non-therapeutic abortions (Stephen and Scheb, 416). The Supreme Court holds that, although the constitution entitles individuals the right to procure abortion, this does not mean that they should avail themselves for financial aid whenever an abortion issue arises.
Works Cited
Stephen, Otis, and John Scheb. American Constitutional Law: Civil Rights and Liberties: Civil Rights and Liberties. Cengage Learning, 2011. Print.
