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To: Proud2BAmerican
The Legal connection between contraception and abortion:

Griswold v. Connecticut, (1965), in striking down (7-2) a Connecticut law banning the distribution, use, etc., of contraceptives, the court, per Douglas, developed the "penumbra" ["shadow"] doctrine, which held that certain rights, though fundamental and not actually written in the Bill of Rights or the 14th Amendment, nonetheless exist in the Constitution and are enforceable against the federal and state governments. This doctrine states that new rights can be found between the gaps, or "between the lines" of the rights actually written in or "enumerated" by the Constitution. Douglas wrote that the right to marital privacy is fundamental and lies between the gaps of the 1st, 3rd, 4th, 5th, and 9th Amendments.

Black and Stewart dissented at length, holding that a right that is not in the Constitution can not be a "Constitutional right," and that just because a law is bad or stupid, does not make it "unconstitutional."

This case was the genesis of the "right to privacy," being the first time a majority of the court had embraced it.

Roe v. Wade, building upon the legal foundation of v. Connecticut, became the landmark (7-2) abortion decision that voided the abortion laws of nearly every state.

Planned Parenthood v. Casey, (1992) the Court (5-4) upheld a 24-hour waiting period, an informed consent requirement, a parental consent provision for minors and a recordkeeping requirement, while striking down the spousal notice requirement of a Pennsylvania statute.

Planned Parenthood v. Casey, the US Supreme Court decision that confirmed Roe v. Wade [U.S. decision to permit abortions] stated “in some critical respects, abortion is of the same character as the decision to use contraception… for two decades of economic and social developments, people have organized intimate relationships and made choices that define their views of themselves and their places in society, in reliance on the availability of abortion in the event that contraception should fail”.

The Supreme Court decision has made completely unnecessary, any efforts to “expose” what is really behind the attachment of the modern age to abortion. As the Supreme Court candidly states, we need abortion so that we can continue our contraceptive lifestyles.

152 posted on 04/09/2002 8:34:42 PM PDT by Brian Kopp DPM
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To: Dr. Brian Kopp
Fascinating -- I had never read that level of detail surrounding the legal link between the legalization of contraception and abortion. It seems to be a very compelling case; I'm disappointed that the opponents on this thread have not gone so far as to articulate a reasoned rebuttal. I understand it's an emotional issue for all parties involved, but I think it would add greatly to the fruitfulness of discussion and debate if those on the other side of the fence would address the merits or demerits of the argument itself.

To wit, is it merely coincidental that the Supreme Court abortion ruling directly referenced and based itself on the legal ruling regarding contraception? If not, why not?

156 posted on 04/09/2002 8:55:19 PM PDT by Proud2BAmerican
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