Constitutional Abortion and Culture

Christian Bioethics, Vol. 19, No. 2, pp. 133-149, August 2013

George Mason Law & Economics Research Paper No. 13-44

18 Pages Posted: 13 Aug 2013  

Helen M. Alvare

George Mason University - Antonin Scalia Law School, Faculty

Date Written: August 12, 2013

Abstract

The U.S. Supreme Court’s abortion decisions over the past forty years have helped to shape cultural beliefs and practices concerning heterosexual relationships, marriage, and parenting. This is true both in the practical and in the legal senses. Practically speaking, definitively separating sex from childbearing, as only abortion can do (given how often contraception fails), inevitably changes the meaning of sex, and therefore of heterosexual relationships. Legally speaking, the Court’s influence was mediated significantly by its decision to locate the right of abortion in an area of constitutional law — substantive due process — which claims to contain only those rights that are indispensable to our national understanding of freedom, both at the level of the individual and respecting our overarching democratic order. In particular, over the course of forty years of abortion opinions, the Court’s reflections on a claimed link between abortion and freedom have led it to conclusions broadly reflected in modern American beliefs and practices insofar as sex, marriage, and parenting are concerned. These include, inter alia, a suspicion of motherhood on the grounds of its risks and harms, the dispensable roles and violent characters of men, the great importance of adults’ wishes, and the importance of sexual expression for individual identity, divorced from consequences for partners or children.

Keywords: bill, Connecticut, Fifth, Fourteenth Amendment, Fourth, Griswold, Justice Byron White, liberty, life, natural, Planned Parenthood of Southeastern Pennsylvania v. Casey, principles, privacy, procreation, penumbras, Roe, Roman Catholic, Thornburgh, Wade, U.S. Constitution, values, woman’s, women

JEL Classification: J12, J13, J18

Suggested Citation

Alvare, Helen M., Constitutional Abortion and Culture (August 12, 2013). Christian Bioethics, Vol. 19, No. 2, pp. 133-149, August 2013; George Mason Law & Economics Research Paper No. 13-44. Available at SSRN: https://ssrn.com/abstract=2309066

Helen M. Alvare (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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