| Topic: |
Religions > Atheism |
| User: |
"" |
| Date: |
28 Jan 2005 10:02:08 PM |
| Object: |
Abortion Rights as Religious Freedom |
http://www.temple.edu/tempress/titles/852_reg.html
Wenz argues that the Supreme Court reached the right decision in Roe v.
Wade but for the wrong reasons
Abortion Rights as Religious Freedom
Peter S. Wenz
"This excellent books is bound to stir debate on the abortion issue and
to occupy a rather distinctive position."
R.G. Frey, Bowling Green State University
With the current composition of the Supreme Court and recent challenges to
Roe v. Wade, Peter S. Wenz's new approach to the ethical, moral, and legal
issues related to a woman's right to elective abortion may turn the tide in
this debate. He argues that the Supreme Court reached the right decision in
Roe v. Wade but for the wrong reasons. Wenz contends that a woman's right
to terminated her pregnancy should be based, not on her constitutional
right to privacy, but on the constitutional guarantee of religious freedom,
a basis for freedom of choice that is not subject to the legal criticisms
advanced against Roe. At least up to the 20th week of a pregnancy, one's
belief whether a human fetus is a human person or not is a religious
decision. He maintains that because questions about the moral status of a
fetus are religious, it follows that anti-abortion legislation, to the
extent that it is predicated on such "inherently religious beliefs," is
unconstitutional.
In this timely and topical book, Wenz also examines related cases that deal
with government intervention in an individual's procreative life, the
regulation of contraceptives, and other legislation that is either applied
to or imposed upon select groups of people (e.g., homosexuals, drug
addicts). He builds a concrete argument that could replace Roe v. Wade.
BACK TO TOP
Reviews
"In this important study of abortion and the Constitiution, legal
philosopher Peter Wenz contends that Roe v. Wade was wrongly argued but
well conlcuded. Wenz presents a substantial review of Supreme Court
decisions on abortion, then critically exposes flaws, including the privacy
justification for abortion as well as the trimester scheme.
Religious Studies Review
"In this major work, Peter Wenz has analyzed the relation of the
Constitution's religion clauses to the abortion controversy. His principal
contribution is to shift the argument from the right of privacy (invoked,
he believes, unsuccessfully in Roe v. Wade) to the Establishment Clause.
The Court's concern in Roe was whether the statute unduly burdened a
fundamental right. But tested by the Establishment Clause, statutes may
violate the Constitution by implicitly endorsing a religious belief,
namely, the personhood of the unborn. Wenz concludes that the Establishment
Clause permits abortions prior to the twenty-first week of pregnancy."
C. Herman Prichett, Professor of Political Science Emeritus, University of
California, Santa Barbara
"This is an original and scholarly exposition of the view that abortion
rights fall under the religion clauses of the First Amendment. The view
defended is an important alternative to the privacy defense upon which the
Roe v. Wade decision was based and should help to expand the ethical and
constitutional debate about abortion rights."
Mary Anne Warren, Associate Professor of Philosophy, San Francisco State
University, and author of Gendercide: The Implications of Sex Selection
BACK TO TOP
Contents
Preface
Introduction
Roe v. Wade under Attack Individual Rights and Majority Rule
Constitutional Interpretation Preview of Chapters
1. The Derivation of Roe v. Wade
Economic Substantive Due Process Due Process and the Family
Contraception and Privacy in Griswold v. Connecticut Contraception and
Privacy in Eisenstadt v. Baird Blackmun's Privacy Rationale in Roe v.
Wade Stewart's Due Process Rationale in Roe v. Wade Tribe on
Substantive Due Process Conclusion
2. Potentiality and Viability
The Roe v. Wade Decision The Concept of Viability in Abortion Cases
Dividing the Gestational Continuum The Genetic Approach to Personhood
Viability versus Similarity to Newborns Two Consequentialist Arguments
Feminism and Viability Conclusion
3. The Evolution of "Religion"
Religion in the Abortion Debate The Original Understanding of the
Religion Clauses The Evolution of Religion Clause Doctrine
Incorporation of the Religion Clauses From Belief to Practice
Alleviating Indirect Burdens on Religious Practice Expanding the Meaning
of "Religion" The Original Understanding View Bork: Conservative or
Moderate? Conflicts between the Religion Clauses The Elusive Meaning of
"Religion" Conclusion
4. The Definition of "Religion"
The Adjectival Sense of Religion Religious Beliefs Independent of
Organized Religions Religious Belief as Fundamental to Organized Religion
Secular Beliefs Related to Material Reality Secular Beliefs Related to
Social Interaction Secular Facts versus Secular Values The Court's
Characterizations of Secular Beliefs Secular (Nonreligious) Belief The
Epistemological Standard for Distinguishing Religious from Secular Belief
Judicial Examples of Religious Beliefs General Characteristics of
Religious Beliefs Summary
5. "Religion" in Court
The Epistemological Standard Applied Cults and Crazies Secular
Religions Tensions between the Religion Clauses The Unitary Definition
of "Religion"
6. Fetal Personhood as Religious Belief
Anti-Contraception Laws and the Establishment Clause Belief in the
Existence of God Belief in the Personhood of Young Fetuses
Distinguishing Religious from Secular Determinations of Fetal Personhood
Religious versus Secular Uncertainty Environmental Preservation and
Animal Protection versus Fetal Value Greenawalt's Argument The Reach of
Secular Considerations Secular versus Religious Matters Conclusion
7. The Regulation of Abortion
The Trimester Framework and Its Exceptions O'Connor's Objections to the
Trimester Framework Superiority of the Establishment Clause Approach to
the Trimester Framework Required Efforts to Save the Fetus The
Neutrality Principle Appropriate Judicial Skepticism Undue Burdens and
Unconstitutional Endorsements Conclusion
8. Abortion and Others
Public Funding of Abortion The Establishment Clause Approach to Public
Funding The Court's Funding Rationale The Court's Inconsistent
Rationale Publicly Funded Family Planning Clinics Spousal Consent The
Court's Flawed Parental Consent Rationale Information Requirements
Spousal and Parental Consent The Establishment Clause Approach: Medical
Dimension The Establishment Clause Approach: Religious Dimension
Implications of the Establishment Clause Approach The Court's
Inconsistency Equivalent Results Parental Notification Conclusion
Conclusion
Justice Scalia's View The Fundamental Flaw in Roe The Rationale for the
Establishment Clause Approach Advantages of the Establishment Clause
Approach
Notes
Glossary of Terms
Annotated Table of Cases
Bibliography
Index
BACK TO TOP
About the Author(s)
Peter S. Wenz is Professor of Philosophy and Legal Studies at Sangamon
State University.
Subject Categories
Philosophy and Ethics
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| User: "Vivapadrepio" |
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| Title: Re: Abortion Rights as Religious Freedom |
28 Jan 2005 10:31:20 PM |
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From:
Date: 1/28/05 2:02 PM Pacific Standard Time
http://www.temple.edu/tempress/titles/852_reg.html
Wenz argues that the Supreme Court reached the right decision in Roe v.
Wade but for the wrong reasons
Abortion Rights as Religious Freedom
Peter S. Wenz
Prayer For Purity Of Heart:
O God, you know the secret thoughts of every heart, and nothing is hidden from
your sight. Please purify our inmost desires so that we may love you
perfectly, and praise you fittingly. We ask this in the name of Christ, your
Son. Amen.
----------
Pray, hope, and don't worry.
Worry is useless.
God is merciful and will hear your prayer.
-- Padre Pio, Pietrelcina.
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| User: "Mark K. Bilbo" |
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| Title: Re: Abortion Rights as Religious Freedom |
30 Jan 2005 04:04:11 AM |
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In our last episode <20050128173120.10657.00000317@mb-m29.aol.com>,
Vivapadrepio lumbered into the room and mumbled:
From:
Date: 1/28/05 2:02 PM Pacific Standard Time
http://www.temple.edu/tempress/titles/852_reg.html
Wenz argues that the Supreme Court reached the right decision in Roe v.
Wade but for the wrong reasons
Abortion Rights as Religious Freedom
Peter S. Wenz
Prayer For Purity Of Heart:
O God, you know the secret thoughts of every heart, and nothing is hidden
from your sight. Please purify our inmost desires so that we may love you
perfectly, and praise you fittingly. We ask this in the name of Christ,
your Son. Amen.
Oh get a room!
--
Mark K. Bilbo - a.a. #1423
EAC Department of Linguistic Subversion
Alt-atheism website at: http://www.alt-atheism.org
-----------------------------------------------------------
"Religion is regarded by the common people as true,
by the wise as false, and by the rulers as useful."
-- Seneca the Younger
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| User: "Rev. Karl E. Taylor" |
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| Title: Re: Abortion Rights as Religious Freedom |
28 Jan 2005 10:47:43 PM |
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Vivapadrepio wrote:
From:
Date: 1/28/05 2:02 PM Pacific Standard Time
http://www.temple.edu/tempress/titles/852_reg.html
Wenz argues that the Supreme Court reached the right decision in Roe v.
Wade but for the wrong reasons
Abortion Rights as Religious Freedom
Peter S. Wenz
Prayer For Purity Of Heart:
O God, you know the secret thoughts of every heart, and nothing is hidden from
your sight. Please purify our inmost desires so that we may love you
perfectly, and praise you fittingly. We ask this in the name of Christ, your
Son. Amen.
You just don't get it, do you Vaporlock?
Your praying means nothing here. Why don't you send your prayers to
someone that gives a *****?
And your god, knows nothing. Since there are no gods that is.
--
There are none more ignorant and useless,
than they that seek answers on their knees,
with their eyes closed.
____________________________________________________________________
Rev. Karl E. Taylor
A.A #1143 PLONKED by Bob
Apostle of Dr. Lao EAC: Virgin Conversion Unit Director
____________________________________________________________________
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| User: "Sam" |
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| Title: Re: Abortion Rights as Religious Freedom |
28 Jan 2005 11:28:35 PM |
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Vivapadrepio wrote:
From:
Date: 1/28/05 2:02 PM Pacific Standard Time
http://www.temple.edu/tempress/titles/852_reg.html
Wenz argues that the Supreme Court reached the right decision in Roe v.
Wade but for the wrong reasons
Abortion Rights as Religious Freedom
Peter S. Wenz
Snip Prayer <
thats not very helpful, but i do always love when people say 'O'
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