March 15, 2010

IL Constitution: Right to Life, Except for Babies?

IL Constitution: Right to Life, Except for Babies?

Illinois Constitution

The first two sections of Article I in the Illinois Constitution seem to indicate a right to life.

    SECTION 1. INHERENT AND INALIENABLE RIGHTS
     All men are by nature free and independent and have
    certain inherent and inalienable rights among which are life,
    liberty and the pursuit of happiness. To secure these rights
    and the protection of property, governments are instituted
    among men, deriving their just powers from the consent of the
    governed.
    (Source: Illinois Constitution.)

    SECTION 2. DUE PROCESS AND EQUAL PROTECTION
     No person shall be deprived of life, liberty or property
    without due process of law nor be denied the equal protection
    of the laws.

    (Source: Illinois Constitution.)

This apparent right to life seems to be contradicted by the Attorney General of Illinois if she really made the claim that the Illinois Constitution contains a right to abortion (I have not yet been able to find a quote). I wonder if the right lies in one of those penumbras such as the libs like to pretend exist in the U.S. Constitution. Surely if the U.S. Constitution has penumbras which grant the liberal politician anything and everything his cold, black heart desires, shouldn't the same exist in our state constitution?

From the Thomas More Society:

    Chicago, Illinois March 12—Reacting to the recent claim by the Attorney General that the Illinois Constitution contains a right to abortion, attorneys from the Thomas More Society will appear in Cook County court on Monday, March 15, again seeking to intervene in the latest American Civil Liberties Union (ACLU) lawsuit, challenging the Illinois Parental Notice of Abortion Act of 1995.

    In Hope Clinic, et al., v. Brent Adams et al. (No. 09 CH 38661), Thomas More Society attorneys are representing Illinois State's Attorneys Stu Umholtz (R-Tazewell), Ed Deters (D-Effingham) and Ray Cavanaugh (R-Henderson), and maintain that because there is no right to abortion in the Illinois Constitution, the ACLU's latest challenge to parental notice is baseless. The Attorney General, representing various Illinois officials who are named as defendants, has moved to dismiss the case on other grounds.

    "Because the ACLU has already lost in federal court, its lawyers must prove in state court that the Illinois Constitution of 1970 guaranteed a right to abortion that was even stronger than the federal abortion right upheld in Roe v. Wade, handed down in 1973. This is an utter falsehood plainly belied by the historical record. Yet, instead of defending the Illinois Constitution, whose Framers clearly left the issue of abortion to the legislature, the Attorney General has tossed the Constitution aside and conceded to the ACLU on this key issue," stated Thomas Brejcha, President & Chief Counsel of the Thomas More Society. "Illinois parents have a right to know before their kids are taken for abortions. If the Attorney General won't defend the parental notice law vigorously, we will do so, until the day when there are no more secret abortions performed on Illinois children.

If only the ACLU could view babies as fondly as it does terrorists and members of NAMBLA! Of course the affinity for NAMBLA fits well with the ACLU's affinity for the child molesters who rape and impregnate a minor. The ACLU will fight for the child rapist's ability to bring his victim to an Illinois abortion mill to have the baby killed without the messy interference from his victim's parents.

Back to the rights in the Illinois Constitution, which is it? Is there a right to life or is there a right to abortion? Obviously there could not be both since the act of abortion kills the baby. Or is there a right to life unless you happen to be age-impaired?

If there is a constitutional right to life, are all taxpayers being forced to violate it? It would appear to be the case given the existence of a law that requires taxpayer funded abortions for the poor. If pro-life taxpayers are having a portion of our tax dollars funneled to baby butchers, can we at least no longer be referred to as Taliban by lefty trolls who lurk on conservative web sites? I doubt the notion of the precious value of a baby's life is really the core belief held by the Taliban.

This is very confusing, can someone help me to understand? While you are at it, can you explain why the libs who seek the expansion of government and ever-increasing taxes (on others, but naturally not themselves) also seek to limit the pool of future taxpayers through abortion? Who do the idiots on the left expect to pay for all of the entitlements which accompany the Utopian welfare state?

UPDATE:

Arguments set in Illinois abortion notification case

Oral arguments are set in a case dealing with the enforcement of a long-debated Illinois law requiring a teenage girl's parents be notified before she has an abortion.

Arguments are scheduled for Monday in Chicago. In November the state's Medical Disciplinary Board voted to allow enforcement of the law, but hours later a judge issued a temporary restraining order putting the measure back on hold.

The Illinois law was passed in 1995, but never enforced because of various court actions.

The law requires doctors to notify the parents or guardians of girls 17 or younger 48 hours before the teens get abortions. It requires no notice in a medical emergency or in cases of sexual abuse, and a provision allows girls to bypass parental notification by going to a judge.  Click here for more.


Contact: Sam Pierce
Source: IllinoisReview.com
Publish Date: March 15, 2010
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