RIGHT TO PRIVACY Implied by limited government Constitution implies some rights to privacy 3rd Amendment: Quartering 4th Amendment: Search and seizure 5th Amendment: Due process and self incrimination 9th Amendment: All unspecified rights are delegated to the people No explicit guarantee of privacy
SOME ASPECTS OF THE RIGHT TO PRIVACY Freedom from government intrusion Personal information Wiretaps Records USU USU Home--search and seizure Body--forced sterilization
SOME ASPECTS OF THE RIGHT TO PRIVACY Right to personal choice Birth control Sexual practices Gay marriage Defense of Marriage Act (1996) Suicide and euthanasia
ABORTION Policy prior to the 1920s The impact of science Roe v. Wade (1973) Background--Norma McCorvey in Texas Decision (7-2) There is a right to privacy 14th Amendment doesn’t apply until birth No restrictions in 1st trimester Regulate procedures in 2nd trimester States can ban in 3rd trimester
ABORTION Norma McCorvey today
AFTERMATH OF ROE V. WADE Bitter controversy Violence Political battles Legal battles
AFTERMATH OF ROE V. WADE Recent developments Use of Medicaid funds Spouse and parental consent Harvesting fetal tissue Cloning Abortion techniques
THE BASIC ISSUE Rights of the fetus Rights of the woman