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Birth Control and the Right to Privacy

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Birth Control and the Right to Privacy

Over the years, the issue of Birth Control and the right to privacy has long been controversial. In

particular, this has been in regard to Roe v. Wade from 1973, which started a controversial

debate. As such, this has raised questions, including why it was the major tenet to legalize

abortion, among others. First, the Supreme Court invoked the privacy right as the main basis to

define abortion as legal in Roe V. Wade because it believed that the Constitution implied this

right. The Court reasoned that the right to privacy was necessary to protect the individual's

liberty and autonomy. The Court also found that the right to privacy was essential to the ability

of women to make decisions about their bodies and reproductive health.

Furthermore, the Roe v. Wade judgment was and still continues to be tendentious since it led to

the Supreme Court legally defining when personhood starts, which has enormous medical,

moral, legal, as well as philosophical implications. The Supreme Court concluded that viability

starts at twenty-three weeks for the fetus, which most Americans disagreed with for the

following reasons. First, there is a strong belief that life begins at conception and that a fetus is a

person from conception (Cornell Law School, n.d.). This belief is based on religious and moral

grounds. Second, there is a belief that a woman has a right to control her own body and that the

government should not be able to tell her what she can and cannot do with her body. This belief

is based on the principle of autonomy. Finally, there are practical concerns about the viability of

a fetus outside of the womb and the medical risks associated with abortion (Cornell Law School,

n.d.).

In conclusion, Roe v. Wade reveals that the various rights including right to privacy as well as

the pursuit of happiness is not absolute (Cornell Law School, n.d.). The right to life can be

limited by the government if there is a compelling interest, such as protecting the mother's
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health. The right to liberty can be limited if it interferes with the rights of others, such as the right

to privacy. The pursuit of happiness can be limited if it is not done safely and responsibly, such

as getting an abortion.
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References

Excerpt from the draft of the opinion for Roe v. Wade (1973) 

Cornell Law School. (n.d.). Roe v. Wade (1973). LII / Legal Information Institute.

https://www.law.cornell.edu/wex/roe_v_wade_(1973)