I say that because there has always been a simple solution if we use the concept of Separation of Church and state under the First Amendment. It's what's being pointed out here in France's making Abortion a constitutional right and why it is a constitutional right.
Big hint, if the Judges who overturned Roe are Catholic, then you have a glaringly obvious example of how this simple way to make it a constitutional right also works in the United States. It's one I've thought about writing about for a while, but this post is now truly necessary.
The first amendment states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"
And can't forget Article IV, Clause 3:
"no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
Laîcité is how France keeps religion and government separate to effectuate those principles. Here's an explanation of the concept.
As she points out that "faith is a private matter for each individual citizen, and when it comes to the state: it's a no god zone."
Which is where laïcité, or secularism, comes into play when one sees a group of Catholic judges banning abortion, or any other religious person for that matter, then one can safely infer that religion is involved.
So, if the reasoning is based upon any metaphysical belief rather than an actual scientific one, then it's probably unconstitutional under secularism.
And given the amount of miscarriages and the high cost of malpractice insurance for obstetricians, we can add that it's wrong anyway.
So, given that I believe that if there is a god, he also believes that abortion is no biggie and should be a right. After all, he's more than willing to end a pregnancy.
That makes the choice to terminate a pregnancy one that belongs to the woman and her health care provider and no one else.
The founders created the United States as a secular because they didn't want religion to mix with public life for pretty much the same reasons that the French did. They knew that religion and politics don't mix.
Unfortunately, the influence of religion is far too pervasive in US society. It's time to look to Laïcité.
And join France in making abortion a constitutional right.
