Why banning abortion is unconstitutional

To the Editor:

The United States was formed in rejection of monarchy and to create a government of, by and for the people. It is founded on individual liberty, the notion that people can do whatever they want unless it violates the rights of others. In light of these principles, prohibition of abortion is unconstitutional.

In order to make a law restricting personal freedom, the government must have a valid constitutional reason. Prohibiting me from driving 50 miles per hour in downtown Sonora validly protects citizens’ right to life. There is no valid constitutional reason for restricting or prohibiting abortion.

The Fourth Amendment establishes, “the right of the people to be secure in their persons.” This means independent with a right to privacy which can only be “violated” for “probable cause” and pursuant to a warrant. If parents locked their kid in a closet, the government would have reason to obtain a warrant, invade the house, rescue the kid and indict the parents. None of this is applicable regarding abortion.

The 14th Amendment establishes citizenship for, “all persons born or naturalized” in the United States. Therefore, the unborn have no constitutional rights, but pregnant women do. Bottom line — a woman’s pregnancy and abortion decisions are none of our business, either individually, socially, or governmentally.

Ah, but some say, the fetus is a person and therefore subject to governmental jurisdiction and protection. The notion of fetal personhood is based on religious superstition with no foundation in science. The First Amendment says, “Congress shall make no law respecting the establishment of religion,” likewise it cannot use religious belief as the foundation for our laws.

Being a man, I can only imagine the difficult challenges women considering abortion must face. As a caring society we should not limit or interfere with them, but support their independent decision.

Phil Nichols

Sonora