Expert: Deborah - 9/28/2008

Question
QUESTION: Hi. I was having a discussion today with a friend of mine who is personally pro-choice, but she stated that she felt that because we live in a democracy the majority should get to decide. SO she thinks ROe V Wade should basically be overturned, and the issue should be put to a vote. I don't agree, because I think it is a basic human right to be able to have control over ones body. But she IS right that in a democracy the majority should rule. So I didn't know how to refute that. She said that the majority should decide what the laws are. Thanks.

Cindy

ANSWER: Dear Cindy,

As a country, we do not vote on civil rights for citizens.  If we did, the civil rights act of 1964 would never have gotten a majority, and blacks would still be second class citizens.

Also, since abortion is a medical procedure, everyone gets to vote whether they have an abortion or not.  It's not mandatory.  

Finally, democracy doesn't mean the majority rules, quite the opposite in fact.  It means that the rights of minorities are always protected.

Keep up the good fight.

Deb



---------- FOLLOW-UP ----------

QUESTION: But the point is, who decides what rights we should have? And if the courts are deciding instead of elected officials, then doesn't that contradict the principles of democracy? Thaks.

Cindy

Answer
Dear Cindy,

Our Constitution determines what rights we have.  Our Supreme Court makes sure our laws do not contradict our Constitution.  In Roe Vs. Wade, our Supreme Court determined that laws against abortion contradicted and conflicted with our Constitution.  

The Constitution guarantees every citizen the right to privacy in our homes, our affairs, and especially within our own bodies.  It is that same right which makes contraception legal.  If abortion becomes illegal, so will contraception, and the right to privacy all of us enjoy will have to be dissolved.  This would mean we would be subject to search and seizure without a warrant, among other scary things.

Take care,

Deb