Thursday, December 01, 2005

The Illogic of the Left

Yesterday the Supreme Court heard opening arguments in Ayotte v. Planned Parenthood of Northern New England, the first abortion-related case before the Court in five years. Already, the left is up in arms:
During arguments yesterday in Ayotte v. Planned Parenthood of Northern New England, reports the San Francisco Chronicle, Roberts looked for a way to preserve New Hampshire's right to require the notifying of parents at least 48 hours in advance if their daughter seeks to end an unwanted pregnancy:
Roberts focused on the tiny number of cases that might arise where a teenage girl's health might be at risk without immediate access to an abortion. "The problem arises only in an emergency situation," Roberts said. "The vast majority of cases don't involve an emergency situation." He asked the lawyer representing Planned Parenthood, "Why challenge the act as a whole when the objection is so narrow?"

Oh, why indeed? Because a female's basic right to choose what happens with her own body is at stake, maybe?

Lets examine that last statement. Does current law support the view that all female's have a basic right to choose what happens with her own body? If a 15-year-old wants to have sex with a 25-year-old, what does the law say? That is statutory rape, because society has determined that a 15-year-old is incapable of giving consent because she is too immature. The law also says that a girl cannot have a tatoo or her ears pierced without parental permission. Why don't the usual suspects sue that that "violates her right to choose"?

Further, does anyone believe that it is unconstitutional for states to set laws concerning smoking or drinking for minors? But, why can't they do what they want with their own bodies? Why is there an age limit to star in a pornographic film? Indeed, why are there age limits to working at all? Aren't child labor laws a violation of a child's right to do what she wants with her own body?

More directly, what about medical procedures? Why don't they try to enact laws barring notifying parents if their children goes to the emergency room? Doesn't that "violate their privacy"? Why can't a 15-year-old get plastic surgery without notifying her parents?

These examples show that this is not an abortion issue so much as a parental rights issue. Ruling in favor of the New Hampshire law would not set a precedent against Roe. Why can't they acknowledge that abortion is a choice, yes, but one with powerful emotions and pressures that a 16-year-old is not capable of handling. The law doesn't recognize an absolute right to do to your body whatever you want, especially if you are a minor.

Recall also that the New Hampshire law doesn't require parental consent, but simply notification (and a 48 hour waiting period). And a judge can waive that notification.

Now consider the situation personally. A girl is having sex (probably illegally (see statuatory rape laws) and probably without her parents' knowledge.) Yet, someone provides her with a ride and the money to have the abortion. And that someone is not her parent. Since the law has decided that minor's are incapable of consent, who is actually making the choice? That would be the man, covering up the evidence of his using of the girl, the evidence of his crime. Is it any wonder that the most pro-abortion demographic is 18-25-year-old males? The woman is left empty and in pain (literally) and alone, while the man's life continues on without problem. This is feminism?

Most strikingly, and hypocrically, the ACLU argues that minors should not be tried as adults because they do not fully understand the moral implications of life and death decisions. Teens who murder are not treated the same as adults who murder because their immaturity diminishes their moral judgment.

Then why does the ACLU not believe that the immaturity of a 14-year-old pregnant girl diminishes her capacity to make good decisions? Magically, this girl is fully qualified to decide for herself. If a 15-year-old boy shoots someone, it is because he is immature and was pressured by his friends, etc. If a 15-year-old girl has an abortion, it is because she is immature and resisted all outside pressure. Does that make any sense?

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