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Originally posted by joechip
Five pages and no one cares to discuss the legal aspects of this case? The constitutional implications? I'm surprised and disappointed with my favorite site. To deny ignorance is to also to embrace reason. If we won't ever examine the underlying "rights" that are (or are not) being infringed here, why so much hoo-haw about The Constitution here on ats?
Originally posted by joechip
The constitutional principles that Roe v. Wade are based upon, are for ALL citizens.
(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician.
As recently as last Term, in Eisenstadt v. Baird, 405 U. S. 438, 453, we recognized "the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child." That right necessarily includes the right of a woman to decide whether or not to terminate her pregnancy.
This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. [...]
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Modern medical techniques have altered this situation. Appellants and various amici refer to medical data indicating that abortion in early pregnancy, that is, prior to the end of the first trimester, although not without its risk, is now relatively safe. Mortality rates for women undergoing early abortions, where the procedure is legal, appear to be as low as or lower than the rates for normal childbirth.[44] Consequently, any interest of the State in protecting the woman from an inherently hazardous procedure, except when it would be equally dangerous for her to forgo it, has largely disappeared.
Duty Of Care
n. Obligation that a sensible person would use in the circumstances when acting towards others and the public. If the actions of a person are not made with watchfulness, attention, caution, and prudence, their actions are considered negligent. Consequently, the resulting damages may be claimed as negligence in a lawsuit.
IC 31-14-7-1
Presumptions; child's biological father
Sec. 1. A man is presumed to be a child's biological father if:
(1) the:
(A) man and the child's biological mother are or have been married to each other; and
(B) child is born during the marriage or not later than three hundred (300) days after the marriage is terminated by death, annulment, or dissolution;
(2) the:
(A) man and the child's biological mother attempted to marry each other by a marriage solemnized in apparent compliance with the law, even though the marriage:
(i) is void under IC 31-11-8-2, IC 31-11-8-3, IC 31-11-8-4, or IC 31-11-8-6; or
(ii) is voidable under IC 31-11-9; and
(B) child is born during the attempted marriage or not later than three hundred (300) days after the attempted marriage is terminated by death, annulment, or dissolution; or
(3) the man undergoes a genetic test that indicates with at least a ninety-nine percent (99%) probability that the man is the child's biological father.
Child support orders; relevant factors; account at financial institution
Sec. 1. (a) In an action for dissolution of marriage under IC 31-15-2, legal separation under IC 31-15-3, or child support under IC 31-16-2, the court may order either parent or both parents to pay any amount reasonable for support of a child, without regard to marital misconduct, after considering all relevant factors, including:
(1) the financial resources of the custodial parent;
(2) the standard of living the child would have enjoyed if:
(A) the marriage had not been dissolved; or
(B) the separation had not been ordered;
(3) the physical or mental condition of the child and the child's educational needs; and
(4) the financial resources and needs of the noncustodial parent.
Originally posted by AzoriaCorp
Well week 3 is when the cardiovascular system is developed.
What about people in hospitals that have machines pump their blood? Are they no longer human? Their rights now void?
Its alive and just because it hasn't developed its heart YET doesn't mean its life is worthless.
Um, yes, I DO prefer the alternative. I would much rather be alive than dead. Don't speak for me.
Women don't need to abort their inconvenient pregnancies as there are plenty of willing people to adopt newborns.
How is it an invasion of privacy?
As recently as last Term, in Eisenstadt v. Baird, 405 U. S. 438, 453, we recognized "the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child." That right necessarily includes the right of a woman to decide whether or not to terminate her pregnancy.
Originally posted by King Loki
If a women gets pregnant and the man decides he doesn't want the child but the women does ... the women should be financially responsible for the child as it was her choice to have it. Simple as that, if she wants it and he doesn't, she can finance it.
Well, shouldn't this young man have thought of those aspects BEFORE he went willy nilly into sex? It takes a really dumb dude to not know putting your penis in a vagina may end up with a baby to support down the road. I do not care what the circumstances are, it is very clear cut for me.
Originally posted by KilrathiLG
reply to post by Becoming
if you go to the link you find out the core issue of the case at hand had nothing to do with a couple what the court was decideing is if a guy who had not planned on having the child but the woman he impregnated decided to keep it and then SHE died and he is fighting his dead babys mommas sister(she was refered to as his aunt) who wants HIM to pay for child support for the baby he didnt want and wasent married to that hes not allowed to see because of the aunt i problay didnt make much sense so ill come back with the quote i was talking about
www.nationalcenterformen.org... bottom of page i think cites part of it
www.nationalcenterformen.org...
www.nationalcenterformen.org... This is it i think?
maby some one can make more sense of the links of that page as im having comp isses at the moment
edit on 16-9-2010 by KilrathiLG because: to add links