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Feminism: Sex and gender discussions

Roe versus Wade - language used - abortion not being classified as a sex-based right

5 replies

Nordensost · 27/06/2022 08:50

I heard that if abortion had been classed as a sex-based right instead of a 'liberty' it will have gone through more scrutiny and Roe vs Wade not be overturned.

Is there any truth in this?

Sorry if this has been discussed, I've searched and can't find this in particular on this board.

twitter.com/babybeginner/status/1541250361708642304?s=21&t=7pQhFpDROvhsYphs4yHw1Q

Roe versus Wade - language used - abortion not being classified as a sex-based right
OP posts:
EmbarrassingHadrosaurus · 27/06/2022 08:59

I've read several potted overviews of the interactions of various amendments. I know when I can't given an informed opinion. We could really do with some informed comment from the US MNetters who've been helping us out since Friday.

Nordensost · 27/06/2022 09:03

EmbarrassingHadrosaurus · 27/06/2022 08:59

I've read several potted overviews of the interactions of various amendments. I know when I can't given an informed opinion. We could really do with some informed comment from the US MNetters who've been helping us out since Friday.

Absolutely, that is why I posted here.

OP posts:
YetAnotherSpartacus · 27/06/2022 09:03

I'm no expert but I think there are bigger issues at stake here about the initial potential to classify it as a 'sex based' right - I don't think this would have been possible given the US constitution so it had to be classed as being associated with the 'penumbra' of rights associated with privacy and 'due process' needing to be implemented to limit these.

Boxowine · 27/06/2022 22:26

We have no sex based rights in the US.

I have seen a lot of posts celebrating a return to strict constitutional interpretation and all I can think is that the constitution doesn't guarantee any rights to women, women had no legal status when it was written,

Boxowine · 27/06/2022 22:27

And the Equal Rights Amendment is still not law.

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