Does the U.S. Constitution grant a right to privacy?
As Americans and Abolitionists, it’s our responsibility to know what the Constitution really says so we can fight to uphold it. But before we tackle that question, let’s talk about where our rights come from in the first place.
Thomas Jefferson wrote in the Declaration of Independence, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
As Christians, we believe rights don’t come from men, they come from God — and the Constitution recognizes those rights.
When referring to a “right to privacy” as recognized by the Constitution, we generally think of the fourth amendment which enumerates protection against “unreasonable searches and seizures.” However, a sweeping, general right to privacy is not recognized anywhere in the Constitution.
In this video, I talk about the right to privacy issue, because we know that a key factor in the Roe v. Wade ruling was based on this presumed right. Let’s take an even deeper look.
The landmark case that Roe v. Wade used to defend a general right to privacy was Griswold v. Connecticut. Griswold dealt with the issue of contraceptives — from 1879 to 1965, married couples in the state of Connecticut were banned from using any form of contraception, and the court ruled that because of a general right to marital privacy, the original Connecticut statute was null and void.
Yet, the “right to privacy” was not pulled from the Constitution itself, but rather the “penumbra” of the Constitution — the shadowy edges of the rights that ARE enumerated. This is where we need to pay close attention: if something is not in the text of the Constitution, it’s not intellectually honest to claim that it is constitutional. Either it’s there, or it’s not.
Many cases involving marital and reproductive issues such as Lawrence v. Texas, Obergefell v. Hodges, and Roe v. Wade would go on to use the Griswold case ruling to claim a general constitutional right to privacy. Regardless of the ultimate constitutionality of the other cases, basing Supreme Court decisions on the foundation of Griswold’s penumbra theory completely upends the purpose of having a written constitution.
The Constitution does not enumerate a general right to ultimate privacy in all situations, and we need to be clear on that. To use one Supreme Court case to claim that the Constitution says something that it does not is irresponsible and inconsistent, and as Americans, we need to be honest and recognize what our founding documents really say.
With all of that said, we can confidently say that our efforts to outlaw abortion are NOT an invasion of privacy because we are fighting to defend against the slaughtering of innocent human life.
Roe v. Wade’s ruling that abortion falls under a woman’s right to privacy is not constitutional, and therefore, outlawing abortion is the most consistent, responsible action we can take not only to preserve the lives of the preborn, but to abide by the Constitution we claim to follow.
Will you join us in signing this petition to Governor Greg Abbott to end abortion in the state of Texas? As Texans and as Americans, it’s up to us to make our voices heard, and to speak for the babies who cannot speak for themselves.
And if you share the mission of Abolish Abortion Texas, consider donating $35, $25, $15, or even $5 to help us save the precious lives of our preborn neighbors.
Thank you for fighting with us!
Abolish Abortion Texas
P.S. A vague, general right to privacy is not recognized in the Constitution. As Americans and as Christians, we need to recognize not only our moral duty to fight for the rights of the preborn, but also to know what the Constitution really says so we can uphold justice in our land.
Please take a minute to sign this petition to urge Governor Abbott to outlaw abortion in Texas once and for all! If you believe in the work we’re doing here, please consider donating so we can keep on working to end the unconstitutional killing of children once and for all.