Joined: 20 Mar 2010
|Posted: Wed Mar 11, 2015 12:09 am Post subject: Roe v. Wade: Equal Protection
|ROE V. WADE: EQUAL PROTECTION
The 14th Amendment states that no person within the jurisdiction of a State may be deprived of the equal protection of the laws. But the Court did this very thing in Roe v. Wade. They allowed women a right, but did not allow men the same right, so men do not have equal protection of the laws. If women should be allowed an abortion, under this equal protection clause, so should men. After all, women can't become pregnant on their own. Some how they must be inseminated. Most often that takes a man. Suppose a man would decide having a child at this time would too much of a burden, why can't he instruct the woman to have an abortion? But he doesn't have that right. Therefore, Roe v. Wade violates the very clause the Court used to establish this right of a woman to have an abortion, because men don't have the same right, therefore men do not have the equal protection of the laws.
At the same time, suppose the father decided he wants the baby. The woman doesn't, so she terminates her pregnancy. The man doesn't have the right to chose life, only a woman can. Therefore, in this case also, a man does not have equal protection of the laws.
Anytime certain rights are established for certain groups, and not everyone, equal protection of the laws goes out the window. It would be like saying men have the right to own guns, but not giving the same right to women. When ever rights are divided, there can be no equal protection of the laws.
To make it right, States have to pass laws allowing men the equal protection of the laws. To do so will be well within the decision of the Court in Roe v. Wade.