Re: Constitution and a Right to Privacy

(And I always thought the "woman's right to privacy" argument for abortion was flaky. Accepting such an argument, wouldn't infanticide be equally protected by a woman's right to privacy?)
--Tim May
Whoa! This begs a thoughful response, but I don't have time right now. Might it suffice to suggest that a privacy claim -- a demand for control over what concerns her, her alone, or (on balance) her more than any other -- seems reasonable to extend to both contraception and early abortion? For many of us, by the same logic, and with the same moral comfort. (As the clock slips onward, and the potential viability of the fetus becomes more likely or certain, I personally believe the woman no longer exists alone, and the privacy argument becomes conflicted and more tenuous. But Tim's golem, Infanticide, is a creature of nightmare -- wholly beyond the pale!) To my mind, any attempt to control what is done to the woman's body (by her choice) while the prospective child is but a bit of enhanced potential, much much less than a viable child, is an unconstitutional and morally-invalid attempt by others (the state, the church, the country club) to pre-empt her will, and prescribe or dictate a wholly new value system for her. Any claim (by the father, the state, the church, etc.) to control what happens in the moments or days after conception (say, forbidding RU-whatever, the French drug,) has no more moral authority than any similar claim to Higher Authority -- to safeguard the potential within her -- which is used to forbid his or her the use of a contraceptive, or which requires him or her to take a drug which makes multiple pregnancies more likely. I always thought the Jesuits had the logical argument straight. If the woman has no inherent right to control her destiny in the languid aftermath of intercourse (just because she has within herself the potential of a new life) then she has no claim to self-possession which allows her to use a contraceptive just before intercourse. If it is the potential for new life that allows external authorities to overwhelm her judgment and violate her privacy, then the case for that Papal Judgement exists before, during, and after sex. Problem is: while logical, the Catholic argument seems silly, authoritarian, and hopelessly abstract in the face of what many of us experience as a less dogmatic and vastly more human context. A context in which the right to privacy or self-possession seems inherent in the people we are, the people we know, the world as we live it. (Jesuits have a certain disadvantage, from this POV;-) The fact that this claim of privacy or self-possession apparently has an echo in the US Constitution (that oh, so-prescient document!) -- and in the libertarian/liberal proclamations of numerous other nation states -- is a validation, a confirmation... but the Right of privacy, the Claim, is inherent in our sense of who we are, and our sense of what an individual is. If the philosophers had not considered it in their musings, we would have to fight harder; we would need to define it as well as defend it -- but it can only be denied if we denied ourselves, as the serfs of the Dark Ages were expected to... and did. Women as vessels. Men as vassals. Suerte, _Vin Vin McLellan + The Privacy Guild + <vin@shore.net> 53 Nichols St., Chelsea, MA 02150 USA <617> 884-5548

(And I always thought the "woman's right to privacy" argument for abortion was flaky. Accepting such an argument, wouldn't infanticide be equally protected by a woman's right to privacy?)
--Tim May
Whoa! This begs a thoughful response, but I don't have time right now. Might it suffice to suggest that a privacy claim -- a demand for control over what concerns her, her alone, or (on balance) her more than any other -- seems reasonable to extend to both contraception and early abortion? For many of us, by the same logic, and with the same moral comfort.
[ more discussion of abortion snippped. ]
To my mind, any attempt to control what is done to the woman's body (by her choice) while the prospective child is but a bit of enhanced potential, much much less than a viable child, is an unconstitutional and morally-invalid attempt by others (the state, the church, the country club) to pre-empt her will, and prescribe or dictate a wholly new value system for her.
Vin McLellan + The Privacy Guild + <vin@shore.net> 53 Nichols St., Chelsea, MA 02150 USA <617> 884-5548
Let's not start this. Tim wasn't arguing for or against abortion; he made no comments about abortion. His comment was that the _argument_ used to "legalize" abortion was unconvincing to him. If we are going to discuss privacy, that's fine. It we are going to discuss abortion, there are better fora. -- Marshall Marshall Clow Aladdin Systems <mailto:mclow@mailhost2.csusm.edu> Warning: Objects in calendar are closer than they appear.

At 09:33 AM 2/18/97 -0800, you wrote: :Let's not start this. : :Tim wasn't arguing for or against abortion; he made no comments :about abortion. His comment was that the _argument_ used to "legalize" :abortion was unconvincing to him. : :If we are going to discuss privacy, that's fine. :It we are going to discuss abortion, there are better fora. : : :-- Marshall : :Warning: Objects in calendar are closer than they appear. Good for you!!!!! I appreciate your post. However, it smells like a Daleism. I revel in fora. (Had to think about that.) Nice sig too. Alec
participants (3)
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camcc@abraxis.com
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Marshall Clow
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Vin McLellan