Slam the Gavel welcomes back Michael Sayen to explain what reversing Roe v Wade could mean to parental rights.
Snap Shot: Roe v Wade was based on privacy rights under the substantive, due process clause of the 14th Amendment. Planned Parenthood v Casey confirmed Roe v Wade prohibiting government interference if the child could not live outside of the womb (fetal viability). It also said that abortion was a “liberty” right under the 14th and 5th Amendment. This was thought to put an “undue burden” on the woman (by the State) to carry a child that she did not want.
However, the court was split 5-4. The main argument was over the constitutionality of Roe v Wade. Although Planned Parenthood v Casey confirmed Roe v Wade, the split decision made it possible for a new case to directly challenge Roe v Wade in the future.
All-in-all, Planned Parenthood v Casey made it harder for the States to interfere with the abortion rights of the woman. Roe v Wade and Planned Parenthood v Casey could be reversed in the summer of 2020.
The question will be over privacy rights, State interference, and the child’s constitutional rights to life. If reversed, this will change how the State looks at their ability to interfere in the private life of its citizens. That means, gay marriages could likely be reversed in the future. What this means to family advocates is that substantive, due process rights really do not exist. That protective barrier that prohibits the State from interfering with how you parent your child. Like; public education, religion, free speech etc… In reality, these rights are unalienable rights guaranteed in the Declaration of Independence.
The bad thing for us is the courts do not look at the Declaration as a legal document. That means, there is no protection for our parental rights should the State want to interfere other than those rights expressly spelled out (enumerated) in the Constitution. Which Justice Scalia in Troxel v Granville (2000) correctly said is “zip.”
To reach Michael Sayen: [email protected]
To find Michael’s book: https://www.amazon.com/Remarriage-Adultery-Michael-S-Sayen-ebook/dp/B098DY3CHJ/ref=mp_s_a_1_3?dchild=1&keywords=sayen&qid=1627936700&sr=8-3
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