These Rights Are Protected
Because the United States of America is a republic, it is assumed all Americans are already endowed with these rights and that they are already protected. In fact, because the founders of the United States of America experienced atrocities from a monarchy, they added additional safeguards to ensure individual rights were never taken away. These safeguards were included in the first ten (10) amendments to United States Constitition - commonly known as the Bill of Rights. In addition, several amendments have been passed since that time to further protect individual rights. Reproductive rights of women are expressly protected in the United States Constitution by the following:
Article IV, Section 4
The United States Constitution asserts that all states shall be guaranteed a republican form of government. One in which human and individual rights are secured and maintained regardless of "majority rules". Bans on abortion (also known as forced pregnancy) violates individual reproductive rights, and allows women's rights to be decided by "popular vote". This would be allowed in a communist democracy, but not a republican form of government. Allowing local or state level abortion bans (or restrictions) violates Article IV, Section 4 of the United States Constitution.
1st Amendment - Freedom of Religion
When we started this training, we asked you to explore your own personal beliefs on the topics of abortion. The First Amendment is what protects our right to have personal beliefs and opinions that differ from our neighbors. It recognizes that the decisions and choices we make about our own bodies, minds and souls are ours, and ours alone. In order to prevent the United States of America from becoming a theocracy, the First Amendment also prohibits the government from respecting an establishment of religion. This means a person's spiritual or moral beliefs that support abortion cannot be used to force someone to terminate their pregnancy. It also means that a person or group's spiritual or moral beliefs cannot be used to prevent someone from having an abortion. Ultimately, forced pregnancy laws often solely rely on a legislator's spiritual or religious beliefs which the government is prohibited from respecting.
4th Amendment - Privacy
The 4th Amendment asserts that all Americans have a right to privacy in their daily affairs and how they choose to live their lives. Abortion, just like all other medical procedures, is a private medical decision between a woman and her medical provider(s).
5th Amendment - Private Property
The 5th Amendment guarantees the right to private property and requires the government to provide just compensation if private property is taken for public use. Forced pregnancy constitutes the seizure of a woman's body and uterus by the government for the public use. If forced to give birth, the government is also responsible for fair and just compensation which includes paying for 100% of the medical costs, 100% of child rearing costs, as well as housing, food, and disposable income for the mother for the remainder of her life.
Based on figures from the U.S. Department of Agriculture, the total due would include approximately $233,000 for raising the child through the age of 18. In addition, because the mother's ability to work outside the home may be permanently impacted, just compenstation would also include providing fair wages from the time of birth until the age of retirement. The current median income is $47,000 per year. If the mother gives birth at the age of 18 and retires at 65, that total due would be $2,209,000. Because forced birth is likely to also result in mental and emotional trauma, the government would also be responsible for paying reparations for mental and emotional anguish. There are a wide range of factors and calculations that go into establishing the payment amount for mental and emotional suffering. This could range anywhere from $15,000 to multiple millions. Some figures estimate payment should be no less than $120 per day. For a person who gives birth at 18 and retires at age 65, the total due would be an additional $2,058,600.
The total compensation due to a person who is prohibited or restricted from having an abortion is approximately $4.5 million dollars. Per Denial or Restriction. These funds must be provided by significant local, state and federal tax increases.
While all abortion bans or restrictions are unconstitutional, one that that does not also include tax-payer funded compensation in the amount of $4.5 million per child also violates the 5th Amendment.
8th Amendment - No Unusual Punishment
In many situations, forced pregnancy is asserted as a punishment against a woman for having sex or for being raped. It can also be considered punishment for the child who was born to a person who did not want to give birth, and forced to endure that environment. The 8th Amendment protects Americans from such cruel and bizarre forms of punishment.
9th Amendment - Indiviudal Rights Are Protected
The founders of the United States Constitution knew that they could not articulate all possible intrusions on individual freedom into a single document; They also realized they could not possibly foresee every possible situation. To ensure there would be no question about protecting individual and human rights, they included the 9th Amendment. The 9th Amendment states that all rights not expressely given to the government are reserved to individuals.
You may hear some people say. "I don't see a right to abortion (or same-sex marriage, interracial marriage, or contraception) in the constitution." In fact, this is exactly why the 9th Amendment was added.
“The amendment was introduced during the drafting of the Bill of Rights when some of the American Founders became concerned that future generations might argue that, because a certain right was not listed in the Bill of Rights, it did not exist.” - Wikipedia
Importantly, the 9th Amendment was written specifically to protect our republican form of democracy. It's designed to prevent the United States from becoming a communist form of democracy where individual rights are decided by popular vote.
The Constitution is based on the premise that the government's power comes from the people and not the other way around. The 9th Amendment reads, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." In fact, the 9th Amendment supercedes the 10th Amendment (states' rights) both in written order and in terms of adhering to a republican form of government.
In short, America's daughters, mothers, sisters, wives and grandmothers did not grant federal or state governments the ability to take away their reproductive rights.
13th Amendment - Involuntary Servitude
Prohibition of abortion - also known as forced pregnancy - amounts to involuntary servitude, otherwise known as a form of slavery. This is expressly prohibited by the 13th Amendment. Most Americans do not want their wives, daughters, sisters, or mothers turned into slaves.
14th Amendment - Equal Protection Clause
In order for any abortion prohibition laws to stand, all actions that interfere with or end "potential life" would also also have to be criminalized. This means fertile men who masturbate or in any other way ejaculate outside of penis-in-vagina intercourse with a consenting, fertile adult woman would also have to be criminalized. The use of condoms and all forms of contraception would also have to be criminalized.
Fortunately, just like abortion bans, laws that would criminalize masturbation and the use of birth control also violate Article IV, Section 4, and the 1st, 4th, 5th, 8th, 9th and 13th Amendments.