Of liberty was intended to impunity all of the vestiges of slavery, including the lack of bodily autonomy and the lack of family integrity that the slaves experienced during this period in the united states. professor of the glue, the due process clause that we talked about a lot, was ratified in 1868 and said no state shall make or enforce any law that shall abridge the privileges and rights of members of the united states and the ninth amendment was from 1791. it was a lot earlier and clearly as professor murray says, the enumeration of the constitution and certain rights shall not be construed to deny or disparage others retained by the people. it seems that this is pretty clear. the argument that it is not written does not mean it s not
Freedom of speech, it is not specifically written out anywhere in the constitution. the word abortion does not appear in the constitution. this is a book that was written exclusively by men 130 years before women were even allowed to vote. roe v. wade, the 1973 decision, determined that a woman s choice to determine the right to terminate a pregnancy is based on privacy. it is the duke hall due process clause of the 14th amendment. this interpretation was determined through a number of supreme court cases that came before roe, including a case that was decided eight years earlier in 1965 called griswold v connecticut. in that case, the supreme court came to the conclusion that married couples had the right to marital privacy. therefore, the state could not prevent them from using contraception like birth control pills. the pill is fairly new at the time.
It had only been approved by the fda and 1960. 50 years later, the right to privacy would be invoked again in another landmark supreme court case versus hodges. via the due process clause of the 14th amendment, the same sex couples have a fundamental right to marriage, just like everyone else. years later, there are justices who still don t think that the court made the right decision regarding same sex marriage. in 2020, justices clarence thomas and alito wrote in a gestation that the court was wrong to endorse, a novel constitutional right, meaning same sex marriage over the religious liberty interest explicitly protected in the first amendment. by doing so, undemocratically, it has created a problem that only the court can fix. until then, obergefell will continue to have a ruinous consequences for religious liberty. and quote. legal experts have been
Any state deprive any person of life, liberty, or property, without due process of law or deny anyone within its jurisdiction the equal protection of the law. tell me how this fits into the discussion. but is the due process part? what is the decision resting on? over the many decades, what the supreme court has said is that the due process clause, which is a part of the 14th amendment, has left a spear of your life to yourself. the state cannot regulated. it cannot infringe upon it. this small spirit of life over the decades, not just since roe, but decades before, has been a thing that we are not used to. the ability to determine who you want to be in a relationship with. your ability to have the state not interfere with the fact that you want to be in a sexual relationship. your ability to take a
Concerned that if justice overturned roe it could drag down with it other implicit, meaning not a written into the constitution writes, that have been granted from the court through the interpretation of the due process clause of the 14th amendment. this is part of the reason why the appointees to the court were asked whether or not roe is precedent. have your views on whether roe s president or could be overturned, and have your views changed since you are in the bush white house? senator, i said that it is settled as a president of the supreme court and titled respect under principles. one of the important things to keep in mind of roe v. wade, it has been reaffirmed many times over the past 45 years. t imesstatements like that have nw