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Safe Access: Why Abortion is a Human and Constitutional Right

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    Introduction

    All People Thriving is a platform for research, education, consulting and advocacy dedicated to empowering all people to reach their own unique highest and fullest potential. We believe promoting individual empowerment, institutional integrity, and human centered policies, laws and systems leads to a world where all people are truly thriving.

    In 2022, the U.S. Supreme Court overturned Roe V Wade in a nationwide decision known as Dobbs V Jackson Women's Health Organization (Dobbs V Jackson for short). Human rights advocates and legal scholars recognize this ruling as one that fundamentally violates basic human rights and creates a heightened constitutional crisis that could impact millions of Americans from all walks of life for generations to come.

    This ruling placed the legality of abortion - as well as women's rights, individual rights, and the rights of other communities - in extreme legal jeopardy. Moreover, it damages the foundations of our entire nation. 

    This training is designed to empower individuals, advocates, voters and elected officials to take action to correct this ruling, and to safeguard human rights. 

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    Background

    As we get started, it's important to understand a bit of background. A medical intervention is an action taken by a licensed medical professional to improve the health and wellness of their patient or client. This can include surgery, prescriptions, or other methods aimed at improving a person's physical, mental and/or emotional health. An abortion is a medical intervention that provides a safe way for a person to terminate their pregnancy at any time before the moment of birth.

    In 1973, states across the country were passing laws to prohibit or restrict access to medical abortions, and many women died as a result of having to rely on DIY abortions or unsafe procedures from unlicensed medical professionals. Based on the arguments made - and the scientfic information available at the time - the U.S. Supreme Court issued a legal ruling in a case called Roe V Wade.

    The ruling used what's known as the trimester framework. It affirmed the right for a person to have an abortion for any reason during the first trimester of their pregnancy. During the second trimester, the court allowed state governments to pass laws to protect the health and safety of the mother and to regulate providers. In the third trimester, the court allowed states to prohibit abortions as long as there was always an exception for the health and well-being of the mother.

    The ruling was often viewed as a compromise between the individual rights of the mother, states' rights and the ability for states to consider the well-being of the potential child. Since then, however, several states have passed a patchwork of laws aimed at further restricting abortion and overturning Roe V Wade. In a more recent ruling known as Planned Parenhood V Casey, the U.S. Supreme Court allowed for states to consider "fetus viability" (the ability for an unborn child to survive outside the womb) in state regulations and prohibitions. In its most recent ruling, Dobbs V Jackson, the Court overturned Roe V Wade. The ruling declared that access to abortion is not a constitutional right, and placed regulation - up to and including complete criminalization of abortion (even in the event of rape or incest) - solely in the hands of state governments. 

    Ultimately, Roe V Wade, Planned Parenthood V Casey and Dobbs V Jackson were incorrect rulings. Each ruling violated basic human rights and fundamentally miscontrued the United States Constitution. However, many people today - including legislators and some judges - do not understand why. In fact, if not addressed immediately, this misunderstanding could lead to a severe wave of legislation and rulings that impact not only abortion - but all other civil and human rights in the United States of America.

    In the wake of Dobbs V Jackson, a true humanitarian and constitutional rights crisis now exists that must be addressed.

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    What to Expect in This Training

    This training is broken down into eight main (8) sections.

    1. Exploring Your Own Opinions
      (This training isn't designed to try to change your mind about the topic of abortion, and you're encouraged to express your own personal thoughts and feelings)

    2. Understanding Human Rights and the Role of Government

    3. Reproductive Rights and U.S. Constitutional Protections

    4. What the Laws are Getting Wrong

    5. Impacts of Forced Pregnancy Laws

    6. Human-Centered, Constitutionally Appropriate Laws

    7. Systemic Safeguards that Currently Exist

    8. Actions You Can Take to Safeguard Human Rights, and Protect the U.S. Constitution for Generations to Come. 

    An Empowerment-Based, Human Rights Advocacy Approach

    All People Thriving utilizes an empowerment-based approach; We affirm that we're standing against oppression, and not a person, group or political party. We also recognize the recipients of our advocacy work are human beings, too, who have the right to be treated with dignity and respect. When we use a human rights advocacy approach, we're aiming to model the behavior we wish to see from those who may be currently causing oppression and harm. Before we get started, we'll go over some "housekeeping" items in the next three (3) slides. These items include our:

    • Sensitive Topic Notice;
    • Statement of Diversity, Accessibility and Inclusion; and
    • Economic Accessilbility Model.
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    Sensitive Topic Notice

    The topic of abortion is highly personal and can be emotional for many people. If you feel that you are not in a healthy mental or emotional space to discuss this topic, this might not be the right presentation for you at this time. You are free to log off now, and come back at a different time if you choose. If you choose to continue with this training and find you have difficulty processing this information or need support, please contact a friend, family member, counselor or mental health professional right away. Your health and well-being matters. If you need to find a counselor, you may wish to dial 2-1-1 to be directed to local services in your area. For a mental health crisis, please dial 9-8-8. If you are in an emergency, please dial 9-1-1. 

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    Statement of Accessibilty, Diversity and Inclusion

    We're dedicated to creating a world where all people are welcome and celebrated- without exception. We know that there are people today who identify as men, transgender, multi-gender and non-binary who are able to give birth and become parents. This training uses the terms "mother", "wife", "sister", "aunt", "men", etc. for the sake of brevity and ease of communication. Please know these terms are being used from a place of inclusion. 

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    Commitment to Economic Accessibility

    This training is provided free because we believe the more people who understand human and constitutional rights, the better our world will be. We believe all Americans should be empowered to understand and take ownership of their own government. However, we do incurr a cost and we are committed to paying our team a livable wage. At the end of this presentation, there is an opportunity to support this training to help ensure it remains fully accessible to all people in our country. If you learn something new, or believe there is a value in this work, please consider supporting this training in a way that is meaningful to you.

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    Dismantling the Pro-Life V Pro-Choice Binary

    The topic of abortion can be deeply challenging for many people, including women, men, and people of all religions and political beliefs. However, one of the biggest challenges when it comes to the topic of abortion is what has become commonly known as the Pro-Life versus Pro-Choice binary. Using this view, people are either categorized as one or the other. "Pro-Life" often refers to those who oppose abortion in all circumstances, while "Pro-Choice" refers to those who agree with abortion in all circumstances.

    In reality, most people do not fall neatly into either category. In fact, there are three (3) common questions many people consider with regard to the topic of abortion; Each of these also have follow up questions. When all of these questions are answered, many people  find themselves outside of the "Pro-Life versus Pro-Choice" binary. Further, it is not generally possible to predict a person's beliefs by their political party, religious affiliation, skin color, sex, gender or sexual orientation, cultural traditions, or other "group-identifiers". 

    Let's take a look at the three (3) questions:

    1. Would I have an abortion?

    1a. Would it be okay or right for me to have an abortion?
    1b. Under what conditions?
    1c. Why or why not?

    2. Should other people have an abortion?

    2a. Do I think it's okay for other to people have an abortion?
    2b. If so, under what conditions?
    2c. Why or why not?

    3. What should the law be?

    Here, many people consider a wide variety of rationale for what they believe the law should be. Those with a firm understanding of the law often come to similar conclusions, while those without a firm understanding of the law often base their answers on the first two questions. 

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    Exercise: Knowing Yourself 

    Before we go further in this training, let's take a moment to explore your own personal thoughts and beliefs. Knowing our own thoughts and opinions can help us understand the emotional depth of this discussion. These questions are relevant for all people regardless of sex, gender or sexual orientation, political party, religious affiliation, or ability to give birth. This includes people who have had an abortion themselves in the past, those who have faced the choice of abortion in the past, people who are unable to become to pregnant, and even men.

    Here, we'll explore the first two questions, and save the third question for a bit later. Please note: It's always okay to say, "I don't know". 

    So, what do you think?

    Question 1. Would you ever have an abortion? Why or why not? 

    Question 2. Do you think it's okay for other people to have an abortion? Why or why not?

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    Our Personal Experiences and Opinions Are Valid; They Can Also Evolve

    When it comes to the first two questions, our personal experiences and views on abortion are real and they are valid. 

    As human beings, our answers tend to be based on our own sense of morality, our spiritual beliefs, and the experiences we've encountered throughout our own lives. In fact, we might also be influenced by the stories and experiences of others. We may take special interest in knowing why other people have chosen to have an abortion - or to carry their pregnancy to term - and their experiences might inform our own opinions, too.

    As we continue to grow and learn, encounter new experiences, and listen to the stories of others, we may also change our opinions and beliefs on the topic of abortion. For example, a person once opposed to abortion might find themselves more accepting of abortion if their own wife, mother or daughter were a victim of rape or incest. On the other hand, someone who previously supported abortions might come to change their mind if they've encountered a baby born prematurely and saw first hand how early babies can live on their own. 

    This training is not designed to change your personal beliefs or opinions on the topic of abortion. In fact, we believe knowing your own thoughts and opinions is an important part of learning and growing, and empowering yourself to be true to who you are. We recognize and honor that it's common to find people who would not have an abortion themselves, but think it's okay for others to have an abortion. Conversely, we might find people who have had an abortion themselves, but now believe it is not okay. We recognize some people are okay with abortion in any and all circumstances, while some people view abortion as a form of murder in all circumstances. Some people are okay with abortion as long as its not used as a form of birth control, and some people are okay with abortion only when a mother's life is at risk. 

    Regardless of your beliefs, they are your own and you are entitled to them. 

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    Question 3: What Should the Law Be?

    Once we understand our own thoughts and beliefs, we can more fully consider the third question - What should the law be?

    Our thoughts, opinions and experiences when it comes to the topic of abortion are completely valid. But when it comes to the law - it is not about our personal opinion or our personal experiences. It's about creating and protecting the ability for all of us to have our own opinions and make our own personal choices in all circumstances - not just abortion. 

    We recognize there are many people today - including judges and legislators - who don't understand the purpose of our government and the law. This misunderstanding often creates important legal challenges and roadblocks which can lead to extreme human rights violations, discrimination, high incarceration rates, increased rape and violence, physical, mental and emotional trauma, and even the constitutional crisis we're in today. 

    We also believe all Americans have the inherent right to better understand human rights, our constitution and the law. In the next section, we'll cover these important issues so that we can answer the third question together.

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    What is a law anyway?

    In the most basic sense, a law is a rule or guideline that people follow in order to get along with one another while exercising their own rights. A law is what helps us to exercise our rights without infringing on the rights of others; It's also designed to protect us from having our rights interferred with, too. To understand the laws then, we must first fully understand our own rights. 

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    Universal Inalienable Human Rights

    Throughout human history, religious leaders, scholars, sociologists, humanitarians, philisophers - and many others - have worked to explore, research and document what are considered today as basic human rights. Today, these are commonly referred to universal - or inalienable - human rights. 

    As a human being, you - and all other people - have five (5) universal, inalienable human rights. These rights are yours simply because you exist. They are not granted by the government nor anyone else. This means these rights cannot ever be taken away from you - even if other people tell you they can take them away. 

    Dignity and Worth As a human being, you have inherent dignity and worth regardless of how you see yourself or how others see you. Even if you make a mistake, you have the right to be treated with basic dignity and respect; Others have the right to be treated with dignity and respect, too. 

    Bodily Autonomy You have complete ownership of your own body, mind and soul. No one has the right to make decisions about your body, mind or soul without your explicit consent. Explicit consent means you agree to something without coercion, manipulation, exploitation, threats of violence or threats to withhold basic needs (such as food, water, housing, employment, or access to public accommodations). If what you do or the choices you make include someone else, their explicit consent is also required. 

    Right to Life From the moment of birth, you have the right to exist. Once you come into being, you are automatically a part of all that is - a part of your community, a part of life on Earth, and a part of the entire universe. No one has the right to end your life. Not even the government. Simoultaneously, we do not have the right to end the lives of others. 

    Right to Liberty You are a free and autonomous person with the right to liberty and freedom. This means you have the right to experience life, grow, learn and contribute to the world around you in ways that are meaningful to you. As long as you're not harming someone else or violating anyone else's human rights, you have the right to do as you please. Those around you also have the same right. 

    Right to the Pursuit of Happiness You have the right to the “pursuit of happiness.” This means you have the right to explore, identify and do what brings you joy, peace, and happiness. This also includes the right to take well-informed risks and engage in things other people might not agree with. This is your life. At the same time, if we see other people doing things we don't necessarily agree with, we acknowledge that it's their life, and they are also free to do with it as they please. Even if we don't like it. 

    Oppression Violation of our human rights is a form of oppression. In fact, if your human rights are violated, it can cause long-term and severe physical, mental, emotional and spiritual pain - even if you don’t notice it at first. That's why it's always important to remember to claim them as your own and stand up for your human rights - even when it seems unpopular or hard to do. When we don't stand up for our human rights, we allow ourselves and others to be oppressed.

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    The Purpose of Government

    The main caveat to our freedom and human rights is that everyone else has the same rights. And there are often times where our rights intersect. As human beings, we create governments to help protect our inalienable human rights for ourselves, and to help us navigate the places where our rights intersect with others. Not all governments are the same, however, and there are many types of governments that have been used throughout human history.

    Absolute monarchy is when a single person is able to make all the rules. This person inherits their role from their bloodline and is not elected. Their titles often include "king," "queen," "ruler," or "emporer". The underlying belief in monarchies is that people's rights are granted to them - and can be taken away - by the monarch. Monarchies tend to maintain power by promoting and reinforcing a cultural belief that their leadership is ordained by divine intervention. A monarchy is more likely to stay in place when it guarantees basic human rights are protected. An authoritarian monarchy - one that uses brute force to reinforce its legitimacy or takes away human rights - is more likely to be overthrown and turned into a democracy, or other forms of government.

    Dictatorship is similar to an absolute monarchy in that a single person makes all of the rules. However, the role of the dictator is primarily secured through military force rather than through a bloodline. Once again, the underlying belief is that the dictator has the authority to grant rights to people - and to take them away. Dictatorships tend to maintain power by engaging in public displays of lethal force against detractors, maintaining and reinforcing a culture of fear, and by making wide use of incarceration, coercion and violence to enforce the rules. Dictatorships tend to be widely despised because they represent an extreme and visible form of oppression. However, the embedded culture of fear and violence against detractors can supress overthrows and revolutions. Dictatorships are often overthrown and turned into democracies when a strong will of the people - or an outside government intervention - forces a dictator to relinquish power. 

    Democracy is a form of government where all the people of a certain geographic location (also known as a jurisdiction) have the right to propose and vote on the rules themselves and the majority wins. The definition of "majority" can also be decided by the group itself. A simple majority means that a vote of 51-49 can pass a law. However, this also means that nearly half of the people disagree with the law. On the other hand, a super majority of 60-40 or 70-30 means that the proposed rule or law has more adequately addressed the concerns presented by members of the group. The underlying belief in a pure democracy is that the rights of people come from the group. 

    Democratic Processes Direct democracy means that people have the right to vote on all of the laws and rules themselves. Representative democracy means that people have the right to elect a representative who votes on the laws on their behalf.

    Communism occurs when a democracy has little or no safeguards for individual freedoms or human rights. Rights are granted to people by the group in power. Individuality, freedom of expression, freedom of religion, and freedom of thought are supressed. Those living in communist conditions are often required to think the same way, dress the same way, behave the same way, make the same life choices, and come to the same conclusions. Although communism can provide for stable communities - adherence to the rules is often maintained by threat of force, incarceration, violence or expulsion. Often promoted as a way for everyone to live together harmoniously, communism can be appealing to many people - particularly when younger. However, communism is often more dangerous and oppressive than a monarchy or dictatorship. This is because leaders often claim they are carrying out oppression and violation of human rights "on behalf of the people". The willingness or desire to kill, incarcerate, expel or harm those who express individuality or think differently from the majority is often deeply embedded in the culture, and can be hard to remove without outside intervention. The underlying belief in communism is that a person is not important; Rather, a person's own life - and rights - can and should be sacrificed for the "good of the group". Monarchies and dictatorships can also be disguised as communist democracies.

    Theocracy Theocracy often coincides with monarchies, dictatorshops and communism. The underlying belief is that rights are granted to people by a single person or group who proclaim and are believed to have received the instruction of how to govern from God, a god, goddess, or several gods, goddesses or other dieties. Ironically, theocracies can also be athiest - or deny the existence of a higher power. The key indicator of a theocracy is that human beings are prevented from exploring their own religious beliefs, faiths or relationship with a higher power. They are required to subscribe and adhere to the specified beliefs of the religion, group, theocrat or atheist in power. Rules are often reinforced by threat of death, incarceration or expulsion from the community. Additionally, rules are culturally reinforced by promoting a belief that those who violate them will suffer not only in this life, but in the afterlife as well. In an athiest theocracy, those who believe in a higher power are publicly ridiculed and can face death, incarceration or expulsion as well. 

    Republic is a form of democracy where individual freedoms and human rights are secured regardless of majority rules. It protects democracies from devolving into communism or theocracies. This means there is some mechanism that prevents the majority from infringing on individual freedoms and human rights in the rule making process. The underlying belief in a republic is that each person does matter and each person is inherently endowed with all of their rights. Rather than the government giving rights to the people, the people are giving certain, limited rights to the government. 

    Constitutional Republic is where the rules of how the republic works are written down into a document - a constitution - that everyone can read, see and access. The constitution can be changed, but usually only through a super majority process. The United States of America is a constitutional republic with a representative democratic process. Today, most other countries on Earth are also constitutional republics - or a similar variation thereof. 

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    The Key Distinctions

    Today, a constitutional republic is considered the highest evolvement of human governments because it secures indiviudal, human rights. It's important to remember that the key difference between a republic and other forms of governments is the way that rights are granted or secured. 

    • In monarchies, dictatorships, pure democacries and communisim - individual and human rights are granted by the government to the people. 
    • A republic assumes all people are free, independent and autonmous beings, and that they are already endowed with all of their rights.
    • In a republic the people themselves come together to grant certain, limited rights to the government. The government itself acknowledges the people are secure in their indiviudal rights.
    • The constitution is the document that spells out the specific rights granted by the people to the government to do certain, limited things on their behalf. In most cases, the constitution also spells out specific individual and human rights the government must always honor. 

    As we mentioned before, the United States of America is constitutional republic which means the guidelines and rights of the government were set forth in the United States Constitution. 

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    The Constitution Grants Rights to The Government

    The United States Constitution was based on the idea that all people are free and independent, and are already endowed with their inalienable rights. The Constitution is us coming together to grant certain limited rights to the government to do certain things on our behalf. In fact, the United States Constitution says the government should do six (6) things: 

    • Promote equality, fairness, and unity among all Americans;
    • Create a fair and equitable justice system;
    • Provide for regulations that promote domestic tranquility and harmony;
    • Provide for the national defense;
    • Promote the general welfare by securing access to our basic human needs (i.e. housing and education) and leveraging our shared resources for the common good (i.e. things that are cheaper and more efficient if we all chip in like healthcare, roads and bridges, etc.)
    • Write down, secure and advance liberty, individual rights, civil rights, and our constitutional rights for ourselves and our future generations.

    These are known as the original American values. They were written into the Constitution as follows:

    "We the People of the United States, in Order to form a more perfect union, establish justice, insure domestic tranquilty, provide for the common [defense], promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

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    Domestic Tranquility

    Article I, Section 8 of the United States Constitution is what provides Congress its power to make laws for items specifically outlined in the Constitution. More importantly, the power to make laws and regulations is embedded in this statement - to [ensure] domestic tranquility. In modern day language, this means we are granting the right to the government to create laws - and more specifically, regulations - that address issues where our rights intersect. 

    Consider for a moment a 4-way intersection. Driver A wants to go north and Driver B wants to go east. If they both exercise their rights to go where they want to go at the same time, there will be a crash. People will get upset and people could get hurt. When we tasked the government with "ensuring domestic tranquilty" we empowered them to create regulations that ensure each of us can exercise our rights without causing harm to others. In response to the 4-way intersection, the government created a stop sign system that secures Driver A and Driver B's rights to go where they want to go. They regulated when they go so that they do not have a wreck. 

    Generally speaking, regulation does not equal prohibition of exercising rights. The government was not tasked to prohibit driving altogether. It was tasked with ensuring domestic tranquility - or harmony- for people exercising their rights at the same time. As importantly, the regulation only pertains to navigating the rights between the stakeholders in the situation (Driver A and Driver B who both want to use the same intersection at the same time). 

    Another common example of regulation is with regard to fireworks. Fireworks exist, and many people find enjoyment and entertainment in their use. However, fireworks can also pose a threat of fire and cause general annoyance to those who don't appreciate the sounds of loud bangs (including their children and pets). Just as people have a right to set off fireworks, other people have a right to be free from having their home damaged or their general peace disturbed. Rather than prohibiting the use of fireworks altogether, governments often regulate where and when fireworks can be used. This is done to address the concerns of the specific stakeholders involved - those who want to set off fireworks and those who want to protect their property and general sense of peace. 

    These are both examples of appropriate use of regulation as provided by the United States Constitution. 

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    The Role of Legislators

    In our country today, it may seem like the role of legislators is to represent their respective party platform. However, the constitution does not allow for political parties to supercede the people themselves. In fact, the role of all legislators is to represent the interests of all the people in their geographic district - regardless of political party. 

    General Job Description

    The general job description for legislators in the United States includes the following items: 

    • Listen to the voices and concerns of the people in their geographic region, and pay special attention to the voices of stakeholders when their rights intersect;
    • Bring stakeholders together to problem-solve and develop win-win solutions that work for all stakeholders, as well as the people in their region. This includes identifying underlying concerns, building common ground, and building consensus whenever possible;
    • Present policies, laws or regulations that represent the consensus of the issue stakeholders and/or the people in their region;
    • Support policies, laws or regulations presented by other elected officials (regardless of political party) that align with the consensus of issue stakeholders and/or the people of their region; and
    • Uphold the U.S. Constitution and/or State Constitution when developing or supporting policies or laws.

    In addition, all elected officials are tasked with asking the following questions, and only proposing or supporting laws when the answer is "yes" to each question. Does the proposed law:

    • Promote equality, fairness, and unity among all Americans?
    • Ensure a fair and equitable justice system?
    • Promote domestic tranquility and harmony focused on stakeholders and in consideration of the vast diversity of the United States?
    • Safeguard our national defense?
    • Promote the general welfare by securing access to our basic human needs (i.e. housing and education), or leveraging our shared resources for the common good (i.e. things that are cheaper and more efficient if we all chip in like healthcare, roads and bridges, etc.)?
    • Secure and advance indiviudal liberties, freedoms and human rights? 
    • Uphold the United States Constitution, including the Bill of Rights? 

     

     

     

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    The Role of Judges

    The role of the U.S Supreme Court is two-fold. First, it's role is to specifically ensure laws passed by Congress and the states do not interfere with individual liberties. Second, it's role is to ensure laws passed by Congress and the states do not violate the U.S. Constitution. When justices are appointed who misunderstand the role of the court - or by partisan processes - the U.S. Supreme Court is more likely to err in its decisions. 

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    Reproductive Rights

    Now that we have an understanding of the purpose and role of government, we need to have an understanding of the individual, inalienable rights a person has when it comes to abortion. While it may seem like abortion is a topic by itself, the right to decide whether or not to give birth to another human being is just one of several core rights related to reproduction. Here, we focus on the reproductive rights of women (or those who can give birth). 

    The Right to Engage in Consentual Sex As sole owner of their own body, mind and soul, a person has the inherent right to decide whether or not they want to engage in sexual activity with another person who also expressly consents to engaging sexual activity. Express consent means all parties have willingly - and without any coercion, exploitation or manipulation - agreed to participate in sexual activities.

    The Right to Engage in Consentual Sex That Does Not Result In Pregnancy Human beings - regardless of sex, gender, sexual orientation or other charactistics - engage in sexual activity for many reasons. This can include pleasure, recreation, sexual exploration, to give and receive affection, to enhance intimacy with another person, and/or with a shared intent to have a child. As sole owner of their body, mind and soul, each person has the inherent right to decide their own rationale for engaging in sexual activities. If a person wants to engage in consentual sexual activity for purposes other than reproduction, they also have the right to use a variety of birth control methods. These might include include condoms, medications, or other medical devices or procedures. In addition, a person has a right to engage in sexual activities that are unlikely to result in pregnancy. 

    Biological Parentood/Reproduction A person has the right to decide whether or not they want to become a biological parent by providing their uterus and eggs (or sperm) to another person who also expressly consents to becoming a biological parent. Express consent means all parties have willingly - and without any coercion, exploitation or manipulation - agreed to become a biological parent. 

    The State of Pregnancy Pregnancy is a medical state that - if continued without complications or interruptions through its natural process - will result in the birth of a new independent human being. A person who becomes pregnant has a right to decide whether or not they want to be or remain pregnant, and has the right to end their pregnancy status at any time for any reason. 

    Motherhood/Birth Parent Status A person who is pregnant has the right to decide whether or not they want to give birth to a new, independent human being, and to become a mother or birth parent. Once a person gives independent life to another human being, that decision cannot be undone. The moment a child is born, they are also an independent, autonomous human being endowed with individual and human rights. Generally speaking, a person has approximately 9 months to make this decision. The ability to decide whether or not to give birth is the ultimate parental right.

    Parental Roles If a person chooses to carry their pregnancy to term and to give birth, they have the right to decide whether or not to take on the responsibiltiy of parenthood. If the answer is no, they have the right to give up their parental rights and place their child up for adoption, or place their baby into community care or foster care system. 

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    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. 

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    International Human Rights Laws - Crimes Against Humanity

    We believe its important to rectify this human rights and constitutional crisis using the United States of America's own system of government. However, it's important to note the United States was a global leader in forming the United Nations after WWII in hopes of preventing future global conflicts, and preventing the type of human rights atrocities that were carried out by the Nazis during that time. Forced pregnancy is widely recognized as a sign of Nazism and communist ideology. 

    In fact, many Americans today are unaware that "forced pregnancy" is defined as "grave sexual violence" by the United Nations and codified as a "crime against humanity". 

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    The Problem With Roe V Wade (and Planned Parenthood V Casey and Dobbs V Jackson)

    The 1973 Roe V Wade ruling created the initial constitutional crisis in several ways. First, by allowing states to prohibit abortion, the court set a precedent for allowing the 10th Amendment (otherwise known as States' Rights) to supercede the 9th Amendment (Individual Rights) with regard to women's reproductive rights; It allowed women's rights to be decided by popular or legislative vote which is a form of communist democracy, rather than republican democracy. In doing so, they allowed for the states enact communist forms of government in violation of Article IV, Section 4 of the United States Constitution. 

    More importantly, in 1973, the U.S. Supreme Court created a new legal status for America's pregnant daughters, mothers, sisters and loved ones - "The Host Body". From a human rights and constitutional rights perspective, it is not physically possible for legal and human rights to be endowed to an unborn person without suspending or taking away the human rights and contitutional rights of the mother. By allowing the states to prohibit abortion, and turning America's pregnant women into "host bodies" they allowed states to disregard a woman's universal human rights to:

    • Dignity and Worth;
    • Bodiliy Autonomy;
    • Right to Liberty; and
    • Right to the Pursuit of Happiness.

    In addition, they also expressly overlooked several important reproductive rights:

    • The right to decide whether or not to remain in the medical state of pregancy; and 
    • The right to decide whether or not to give birth to another human being.

    By using the trimester framework, the 1973 court ruling allowed for women's individual, human and constitutional rights to be suspended by states while they are pregnant. This was a violation of the U.S. Constitution, and later rulings only further exacerbated the problem. In 2022, Dobbs V Jackson codified the ability for states to turn women into "Host Bodies".

    In fact, in each of these cases, the United States Supreme Court itself violated the United States Constitution. As presented before, these rulings each violated the 1st, 4th, 5th, 8th, 9th, 13th and 14th Amendments. In addition, they expressly violated Article IV, Section 4 of the United States Constitution. 

    Dobbs V Jackson also attempts to dismantle the protections of a republic, and allow for communism (unchecked majority rule that violates individual and human rights) to take its place. This, the U.S. Supreme Court cannot do. 

    While these rulings pertain to abortion, the precedent set by allowing local, state and federal lawmakers to turn our mothers and daughters into host bodies is not limited to abortion. While some people might cheer for their ability to do so now, they too could be subject to laws based on "popular" vote that control their bodies. That is how communist societies work. 

    There are many people today who say that men masturbating would never become a crime. But it's important to remember that many women today never thought accessing a safe abortion would become a crime either. 

    A constitutional republic is specifically designed to prevent democracies from devolving into communism. As we can now clearly see, the U.S. Supreme Court failed to uphold its role in these decisions. 

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    Abortion-Related Civil Litigation Laws

    Abortion-related civil litigation laws are designed to allow people to file a civil suit against women, medical providers, and/or anyone with knowledge of an abortion (including a cab driver who drops a person off at an abortion clinic). 

    These laws undermine two important cornerstones of republican forms of government. First, abortion-related civil litigation laws violate the principles of "justice". In its purest sense, "justice" means "to restore to whole". When a person brings a claim in court, they must prove they have suffered some financial (or other) loss as a direct result of the other person's actions and that the amount or actions they are seeking will result in restoring the person to whole. For example, a landlord might sue a tenant for backrent owed. A person might sue a mechanic for not properly replacing the oil pan plug which directly leads to an engine malfunction. 

    However, abortion-related civil litigation laws allow people to sue others for their private medical decisions without any proof of damage or loss to themselves. Ultimately, they amount to allowing your neighbors to sue you if they don't like your private medical decisions or what you do with your own body. If these laws were allowed to stand, the following laws would also be allowed:

    • Your neighbor could sue you for $10,000 if you are aware of any man who has ever masturbated and ejaculated outside of penis-in-vagina intercourse.
    • Your neighbor could sue you for $10,000 if you get cancer treatment - or if you refuse to get cancer treatment - depending on their beliefs
    • Your neighbor could sue you for $10,000 if you get a tattoo - or if you refuse to get a tattoo -  depending on their beliefs.
    • Your neighbor could sue you for $10,000 if you wear a red shirt - or if you refuse to wear a red shirt - depending on their beliefs.

    Secondly, these laws are known as "bad faith laws" because they are intentionally - and with full awareness of the fact - designed to circumvent the U.S. Constitution's guarantees. Bad faith laws should never be enacted by legislatures, and if they are, should receive immediate injunction that prevent them from going into effect. In addition, these types of laws normally do not pass the "reasonable" test. You can tell by asking yourself this question: Should strangers be allowed to sue me for $10,000 if they don't like my private medical decisions or what I wear? If the answer is no, then you may be able to see how these laws are unreasonable. 

    A Stark Warning

    Abortion-related civil litigation laws closely resemble communism, and more specifically, Nazism. In addition to allowing the "group" to make private medical decisions for women without their consent, these laws also intentionally encourage and incentivize Americans to participate in forced pregnancy by spying on, reporting and taking action against America's pregnant daughters, sisters, wives and best friends. Importantly, these are pillars of communist democacies which often equate justice with "punishment", and utilize the justice system to punish people for things the "group" doesn't like.

    These types of law are not allowed in republican forms of government because individual and human rights are guaranteed regardless of majority rules. Fortunately again, these laws are a clear violation of Article IV, Section 4 of the United States Constitution's guarantee of a republican form of government. And because they are intentionally designed to limit women's reproductive rights and encourage forced pregnancy, they also violate the 1st, 4th, 5th, 8th, 9th, 13th and 14th Amendments to the United States Constitution. 

     

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    Personhood Laws

    A "personhood law" is one that grants certain entitlements and protections to unborn children. Some legislators have made claims these laws are designed to increase penalites for those whose actions end the life of a woman and her unborn child, or whose actions cause a person's body to terminate their pregnancy without their consent. For example, a person who murders a pregnant woman might be charged with a double-homicide. In fact, it may be legal to afford stiffer penalities to actions that result in the unintended termination of a pregnancy. Similar actions are found in "hate crimes laws" where a person's motivation for a crime is taken into account. Stiffer penalties are imposed if the crime was committed due to a person's hatred of a person because of their skin color, religion, sex, or sexual orientation (among others).

    However, most personhood laws miss this mark. First, as stated previously, these laws turn pregnant women into "host bodies"; It is not physically possible to assert unborn children have full individual, human and constitutional rights without suspending the individual, human and constitutional rights of the pregnant person.

    In addition, these laws do not pass the "reasonable" test. Many people have pondered whether or not these laws mean pregnant women can:

    • Use the carpool lane; 
    • Be forced to pay for two airline tickets; 
    • Be charged for two when purchasing movie tickets; 
    • Be charged for two at buffets; or
    • Be charged for two when ordering subscription services.

    Importantly, these laws fundamentally violate a pregnant person's universal, inalienable right to bodily autonomy. In addition, when Personhood Laws are worded in such as way as to impose forced pregnancy, these laws violate the 1st, 4th, 5th, 8th, 9th, 13th and 14th Amendments to the United States Constitution, as well as Article IV, Section 4. 

     

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    Abortion Bans That Criminalize Victims of Rape and Incest

    Perhaps most startling is the wave of laws passed in multiple states that criminalize victims of rape or incest, as well as their chosen medical providers. Even worse, the scenarios are not hypthetical. In July of 2022, a 10-year old rape victim was denied access to a safe, legal abortion by the legislature, attorney general, and governor of Ohio.

    Precedent

    These laws not only create a legal accomodation for rape and incest, but also incentivize rape and incest against America's daughters, mothers, grandmothers, sisters, wives, aunts and nieces. Specifically, no matter what else happens, the rapist still gets to force someone to bring his child into the world. 

    Let's consider for a moment a bank robber who successfully robs a bank. These laws are like the government blaming the bank for being robbed and then forcing the bank to allow the bank robber to keep the money. Not only can the bank robber keep the money, but the bank must also pay for all associated damages and costs and pay daily and annual interest to the bank robber forever. 

    Similarly, let's consider a burglar who robs your own house or apartment. These laws are like blaming you for being robbed, and forcing you to allow the burglar to keep what they had taken. Moreover, these laws are like requiring you to pay the burglar a daily stipend for the remainder of your life because they broke into your home. You may be forced to get a second or third job, give up your educational goals, lose your business, or even face grave mental and emotional health issues. Still, the burglar gets to keep what they had taken and force you to come up with a way to pay them daily for the remainder of your life. 

    Even the idea and passage of these laws can create undue physical, mental, emotional and spiritual harm and trauma to women - and men - across the country. Rather than "establishing justice", they incentivize not just crime, but grave sexual violence against women and children. 

    In fact, the human body provides approximately nine (9) months for a victim of rape or incest to assess and determine for themselves whether or not they are physically, mentally, emotionally or financially able to bring this child into the world. No one else has the right to decide for a victim how long it takes to process the trauma of rape or incest.

    Again, laws like these are not republican in nature. Rather, they are forms of oppression that more closely resemble expressions of theocratic communism. They result in the crimalization of women, children and their chosen medical providers. Fortunately, in the United States of America, these laws are unconstitutional. 

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    Impacts of Forced Pregnancy Laws

    In addition to violating human and constitutional rights, the consideration, passage and enforcement of forced pregnancy laws strikes fear into the hearts and souls of many women across the United States, as well as men who are concerned about the well-being of their wives, daughters, sisters, mothers, friends and loved ones. 

    When it comes to forced pregnancy laws (or prohibition of abortion), it's important to remember the United States of America has a long history of violating indiviudal and human rights through the use of prohibition. Time and again, evidence-based results show that prohibition of normal human behavior does not work, and often creates negative ripple effects throughout the community. For example, prohibition of alcohol did not stop people from drinking. Rather it created an increase in crime and violence. Prohibition of same-sex relationships did not stop people from being gay (or LGBTQ+); It led to people being targeted, bullied, harrassed, murdered, and incarcerated for falling in love. And most relevantly, prohibition of abortion in the past did not stop abortions; It led to unsafe abortions that resulted in the death of America's mothers, daughters, wives, sisters, aunts, nieces and best friends, and threat of prosecution and imprisonment for America's qualified nurses, doctors and medical practitioners. 

    History has proven that when prohibition is used, it leads to an increase in risky behaviors and negative community-wide side effects. Forced pregnancy laws may or may not directly reduce abortion. But forced pregnancy laws do result in: 

    • Increased rates of mental and emotional health trauma;
    • Increased rates of poverty;
    • Increased rates of homelessness;
    • Increased rates of single-parent homes;
    • Increased rates of child abuse;
    • Increased demand for foster care and public assistance;
    • Increased rates of suicide among women and children; 
    • Increased rates of mothers, daughters, wives, sisters and friends dying as a result of accessing unsafe and DIY abortions; and
    • Increased public unrest, and loss of trust and faith in state governments, law enforcement, and the United States of America as a whole.
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    Dollars and Cents

    For many people, the human rights and constitutional rights violations are most concerning. But for some people, it really comes down to dollars and cents. In order to enforce anti-abortion laws, there is a tangible cost. Either current law enforcement staffing levels that prioritize other crimes must be reduced, or the tax-payers must pay more taxes to: 

    • Investigate, detain and prosecute women, mothers, sisters and daughters, including rape victims, victims of incest, and people with emotional and mental health issues (in violation of the Americans with Disabilities Act);
    • Investigate, detain and prosecute doctors, nurses and medical practititioners who act in good faith at the express request and consent of their client or patient; and
    • Incarcerate in a cage - at a rate of no less than $20,000 per year - America's doctors, medical practitioners, nurses, mothers, daughters, sisters, cousins, aunts and loved ones (including rape victims, victims of incest, and people with emotional and mental health issues).

    Most Americans would prefer not to pay more taxes, nor have law enforcement priorities shifted toward policing the private reproductive rights of America's mothers, daughters, wives, sisters, nieces and best friends. 

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    So, What Should the Law Be?

    Now that we have a better understanding of our human rights and the government, it's time to return to the third question: What Should The Law Be?

    Regardless of our personal beliefs, when it comes to the law, there is only one correct answer that safeguards human rights and is in line with the United States Contitution. 

    A pregnant person has the right to terminate their pregnancy for any reason up until the moment of birth. This is a universal, inalienable right protected by Article IV, Section 4, and the 1st, 4th, 5th, 8th, 9th, 13th, and 14th amendments of the United States Constitution. It is further protected by the Crimes Against Humanity provisions of the United Nations.

    What About the Rights of Providers? 

    A person has a right to have an abortion at any stage of their pregnancy - and for any reason - up until the moment of birth; Subsequently, a medical practitioner who provides safe access to abortion services at the patient's request and with their explicit consent is allowed to do so.

    What About the Rights of the Child?

    The moment a child is born, they too, are endowed with same inherent human and constitutional rights as their mother, and all other human beings.  

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    What About the Role of Local, State and Federal Governments?

    Local, state or federal governments have a right and obligation to pass regulations at the intersection of stakeholder rights. In the case of abortion, stakeholders include the person who is pregnant and practitioners who provide abortion services or prescriptions. Additional stakeholders might also include people who have experienced abortions and can provide input on things that worked well and/or things that should be done differently. 

    Informed Consent

    As is already common practice in the medical field, it may be permissable for local, state and federal governments to require providers to ensure that "informed consent" occurs. This means a pregnant person seeking an abortion has been made aware of all their possible options (including counseling, mental health care, foster care, and adoption, etc.), and all possible side-effects (including short- and long-term physical, mental and emotional side effects). In some cases, because abortion is an irreverable intervention, a reasonable waiting period to consider all possible options may also be permissable or advisable. Similar policies can be found with regard to general surgeries, standards for providing medications, and gun safety.

    Provider Credentials

    In addition, to ensure patients are receiving high quality, ethical care, states may develop licensing or credentialing requirements that do not place undue burden on the ability to provide the service. 

    Education

    As part of their duty to "secure the blessings of liberty to ourselves and our posterity," local, state and federal governments might also be compelled to ensure Americans have access to developmentally appropriate sex education that includes an explanation of reproductive rights. 

    Procedures

    Local, state and federal governments might also be able to limit certain procedures that could pose unnecessary risks to a pregnant person, or that involve separating the child from the mother. For example, a partial-birth abortion ban might be considered an appropriate use of local, state and federal legislative powers. 

    Rights of the Father

    While this training focuses on the rights of the person is who pregnant, states may also be compelled to articulate the rights of fathers, or those who provide sperm.

    For example, when a fully-informed person consentually provides sperm to a consenting person with the ability to become pregnant, they have (in effect) agreed to become a biological father. Of course, once sperm has been provided, whether or not to give birth becomes the sole decision of the pregnant person. However, just like a pregnant person, a person who provides sperm also has a right to decide whether or not they want to take on the role and responsibilities of parenthood.

    In fact, a person who provides sperm's willingness to take on the roles and responsibilities of parenthood may impact a mother's decision about whether or not to continue her pregnancy.

    Importantly, in America today, many legislative bodies tend to focus on restricting rights. However, according the United States Constitution, the role of legislative bodies in the United States of America is to articulate and help us navigate the rights we do have. 

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    But What About People Who Oppose Abortion?

    When the law protects a person's right to safe access to abortion, those who oppose abortion have greater flexibility. Even human rights advocates may oppose abortion in certain circumstances - Particularly if a person chooses to have an abortion because of the unborn child's skin color; physical, mental or emotional abilities; or sex, gender or sexual orientation. 

    All Americans - including legislators, judges and everyday people - have the right to share and express their personal opinions on the procedure, and even to try and persuade others to see their point of view. In fact, healthy conversation and debate are cornerstones to healthy and thriving communities. These types of conversations help people learn about themselves and one another, and can help them clarify their own point of view. 

    Provided a person does not interfere with a person's right to have an abortion - nor cause physical, or undue mental or emotional harm with their actions - a person's right to express themselves and speak out for or against something is also a fundamental human right and protected by the 1st Amendment to the United States Constitution.

    Systemic Change

    Prohibition of abortion does not address the root causes of abortions or unwanted pregnancies. In fact, those who wish to reduce the number of abortions are likely to find greater success by focusing energy on root cause issues. While personal reasons for having an abortion vary widely, evidence suggests systemic change can and does result in fewer unwanted pregnancies. When it comes to abortion and unwanted pregnancies, these root issues are likely to include: 

    • Increased financial stability for all Americans;
    • Increased access to developmentally appropriate comprehensive sex education that also focuses on healthy decision-making in relationships;
    • Increased access to contraception; 
    • Improvements in the foster care and adoption systems;
    • Improvements in public benefits; 
    • Improvements in access to health care; 
    • Improvements and increased access to mental health care; 
    • Increased focus on addiction services; and
    • Promoting diversity, accessibility and inclusion education. 

    Sharing Our Opinions: Oppression Vs Human First Communication

    Of course, it's important to remember that how we share our opinions can also make a difference. Blaming, shaming, name-calling and fear tactics are often not effective. In fact, they can also be considered a form of oppression against another human being. 

    "You shouldn't have an abortion. People who have an abortion are murderers and sinners. You should rot in hell or prison." 

    Importantly, the oppressive communication style doesn't provide dignity or respect to the listener; It only allows for the speaker to communicate their personal opinion and negative feelings. In many ways, the listener has been "dehumanized", and relationships are likely to be damaged as a result. 

    Human First communication honors and respects the humanity of the speaker and the listener. This style uses "I" statements, and comes from personal experience. It's an opportunity to share personal feelings, and in fact, create a relationship with someone, even if there is a disagreement. 

    "I don't personally support abortion because I truly believe that conception is a miracle. When I think about abortion, it makes me feel sad because I can see the potential for human life, and what good can come from it. Truth be told, I really wish no one would have an abortion." 

    In this style, the person has conveyed their feelings, and the reason why. It's not confrontational and allows the listener to see things from the communicator's perspective, whether or not they agree. Importantly, it demonstrates dignity and respect for both the communicator and the listener. 

    Being Secure In Our Rights

    Ultimately, when all Americans are secure in their rights, they are better able to listen to another, and connect with their communities. Securing women's human, reproductive and constitutional rights allows those who oppose abortion to express themselves more fully.

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    Safeguarding Individual and Reproductive Rights

    The right to terminate a pregnancy - for any reason - up until the moment of birth is a fundamental human right. This right is protected by Article IV, Section 4 - as well as amendments 1, 4, 5, 8, 9, 13 and 14 - of the United States Constitution. The United Nations also defines forced pregnancy as a "crime against humanity". 

    While the U.S. Supreme Court has faltered in protecting this right, there are many safeguards in place that can be utilized to protect America's daughters, wives, mothers, sisters and loved ones, as well as our republican form of government as a whole. In fact, the United States of America was specifically designed with multiple "checks and balances" to protect our rights. In this section, we'll go over these important safeguards, so that you can be more aware of the protections that exist in our communities. 

    • U.S. President
    • U.S. Congress
    • State Legislatures
    • Judicial Review
    • Prosecutorial Discrection
    • Law Enforcement Nullification
    • Jury Nullification
    • U.S. Supreme Court
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    U.S. President

    The U.S. President has the right to sign an Executive Order declaring the Executive Branch (including all federal agencies) views women's reproductive rights - including access to abortion - as fundamental human rights protected by the 1st, 4th, 5th, 8th, 9th, 13th and 14th Amendements, as well as Article IV, Section 4 of the United States Constitution.

    In fact, President Joe Biden's administration has already launched a new federal initiative at www.reproductiverights.gov. (To view this link now, you can copy and paste into a new tab in your browser). 

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    U.S. Congress

    One of the U.S. Congress's six (6) primary constitutional responsibilities is to secure and advance individual freedoms and liberties. The Civil Rights Act of 1964 and the Americans with Disabilities Act are examples of Congress fulfulling its constitutional responsibilities. Today, the U.S. Congress has the ability to pass legislation protecting women's reproductive rights - including access to safe abortions - across the nation. 

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    State Legislatures

    Just like the U.S. Congress, state legislatures operate within the boundaries of the U.S. Constitution, as well as their own state constitutions. Moreover, as provided by Article IV, Section 4 of the U.S. Constitution, all states in the United States of America are guaranteed a republican form of government in which all individual rights are secured regardless of "majority rules". 

    State legislatures can pass their own laws protecting reproductive rights, and the right to elect (or refuse) any medical treatment from a provider of their choice. Subsequently, state legislatures can ensure providers have a right to provide services explicitly requested by their patients without the threat of fines, penalities or incarceration. 

    State legislatures have always had the ability to secure for their residents greater legal protections than those provided by other states or the federal government. And although it is an incorrect ruling, Dobbs V Jackson specifically placed the regulation of abortion into the hands of state legislatures. In fact, Dobbs V Jackson serves as an important warning that rights solidified by U.S. Supreme Court affirmation must always be secured by state legislatures at the state level, too. 

    Second to an act from the U.S. Congress, state legislatures can provide the greatest safeguard for individual and human rights. 

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    Judicial Review

    Although the U.S. Supreme Court has final authority when it comes to constitutional review, federal, state and local judges have the ability to hear new cases, and to make new decisions based on the merits of those cases. Specifically, they have the right to declare abortion prohibitions or restrictions unconstitional, too. If substantially new information or perpsectives are presented - like those we've presented in this training - the U.S. Supreme Court will either allow those new rulings to stand, or take it upon themselves to hear the cases and issue a new nationwide ruling that is correctly in line with the United States Constitution. 

    The judicial system remains an important safeguard for human rights and individual liberties; Individuals and organizations can and should continue to fight for their human and constitutional rights in court. In fact, the right to file a grievance against the government is a U.S. Constitutional right also protected by the 1st Amendment. 

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    Prosecutorial Discretion

    It is the responsibility of federal, state and local prosecutors to prosecute those accused of violating the law. Regardless of legislative action, however, prosecutors also bear a responsibility to protect the United States Constitution. When a law is clearly unconstitutional - like abortion prohibitions and restrictions - prosecutors have the opportunity to decline to prosecute.

    In stating their rationale for declining to prosecute, prosecutors can also cite that the enforcement of forced pregnancy laws is a criminal act in and of itself - Specifically, an act of grave sexual violence (an international crime against humanity). 

    Importantly, most prosecutors are also accountable to their local communities and tax-payers. Most Americans do not want their mothers, daughters, wives, sisters or best friends prosecuted, fined or incarcerated for having an abortion. Nor do they want their community's nurses, doctors and medical professionals prosecuted for providing safe access to requested medical treatment. This is particularly true when the alternatives - DIY abortions or medical procedures from unlicensed practitioners - can result in the death of their loved ones. 

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    Law Enforcement Nullifcation

    Law enforcement officers are also sworn to protect and defend the United States Constitution. Enforcement of local, state or federal abortion bans and restrictions violate constitutional rights protected by Article IV, Section 4, as well as the 1st, 4th, 5th, 8th, 9th, 13th and 14th Amendments to the United States Constitution. 

    Local city councils, sheriff's departments, police departments, and police unions can issue formal statements recognizing enforcement of abortion bans as unconstitutional. Further, they can issue statements recognizing that enforcement of forced pregnancy laws constitute aiding and abetting the act of grave sexual violence - an international crime against humanity.

    In addition, many city council leaders and local law enforcement officials recognize their communities would prefer their tax dollars are spent prioritizing crimes such as child abduction, robbery, theft and murder; They would prefer their tax dollars are not spent investigating and prosecuting the private medical decisions of themselves or their loved ones.

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    Jury Nullification

    In the United States of America, the U.S. Constitution guarantees Americans the right to a trial by an impartial jury. Even if instructed otherwise by a judge or prosecutor, juror members can refuse to convict a person of a crime - even when the person admits to the breaking the law - if the juror believes the law itself is unjust or unconstitutional. 

    If called to serve on a jury, jurors can refuse to convict America's mothers, wives, daughters, sisters, and loved ones of a crime. Especially those who were victims of rape, abuse, molestation or incest. Further, jurors can refuse to convict medical professionals who provide safe access to abortions at their patient's explicit request. Particularly when the alternative to the medical procedure (i.e. DIY abortion) is more likely to result in the mother's death. 

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    U.S. Supreme Court

    To restore integrity to the U.S. Supreme Court - and fulfull it's obligations to protecting the U.S. Constitution, individual rights, and our republican form of government - the U.S. Supreme Court does have the ability to take it upon itself to review it's own actions. It can vacate its rulings in Roe V Wade, Planned Parenthood V Casey, and Dobbs V Jackson, and declare women's reproductive rights are protected by the 1st, 4th, 5th, 8th, 9th, 13th and 14th Amendments. It can also reaffirm Article IV, Section 4 of the United States Constitution which guarantees a republican form of government, and prevents individual rights from being eroded by state legislatures or by "majority rules". 

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    Send this Training to Your Legislators

    As we mentioned at the beginning of this training, many lawmakers and elected officials, including some judges, are unaware of why forced pregancy laws are unconstitutional. And most importantly, lawmakers, judges, elected officials, law enforcement officers and politicians are people, too. Their actions and beliefs are limited to the information and experiences they've been exposed to. In fact, Joe Biden and Hillary Clinton both spoke against equal rights for LGBTQ+ people less than 15 years ago. Today, both are considered by many as advocates for LGBTQ+ equality. We believe all people should be provided the opportunity to learn, grow and do the right thing. 

    Step 1: Craft a short letter

    An empowerment-based letter starts by building rapport, explaining the issue, describing the impacts of the problem, offering information, requesting an action, and requesting follow up. We've provided an example here that you can copy and paste, or use as reference to create your own. You can also find this on our website homepage. 

    Honorable [Last Name of Elected Official]:

    My name is [insert your name], and I live in your district. When it comes to abortion, I believe [insert your personal beliefs if desired]. Regardless of my personal beliefs and opinions, I know that safe access to abortion is fundamental human right, and is protected by Article IV, Section 4 of the United States Constitution, as well as the 1st, 4th, 5th, 8th, 9th, 13th and 14th amendments. I also know that forced pregnancy laws are considered a crime against humanity, and result in increased mental and emotional trauma for women and men, increased poverty, increased single-parent homes, increased homelessness, increased child abuse, and many other issues that impact the entire community. 

    As a constituent in your district, I'm asking you to read this document https://www.safeaccess.allpeoplethriving.com, and take action to protect and honor the human rights, reproductive rights, and constitutional rights of America's daughters, mothers, wives, aunts, neices and best friends. 

    I would also like to be informed of how you plan to address this issue.  

    Sincerely, 

    [Insert your name]
    [Insert your contact information]

    Step 2: Decide who you want to send the letter to

    In most places, you are represented by the following: 

    • Mayor and/or City Council Members
    • County Commissioners
    • One (1) State House Representative
    • One (1) State Senator
    • One (1) State Governor
    • 1 U.S. House Represenative
    • 2 U.S. Senators

    You can send the letter to as many or as few elected officials as you would like. However, all elected officials can play a role in protecting women's human, reproductive, and contitutional rights. 

    Step 3: Find contact information

    You can find your mayor, city council members, and county commissioners by visiting your city and county's homepages. You can find your State Representatives, Senators and Governor's contact information by visiting your State's official website (this usually ends in a .gov). Your U.S. Represenative and Senators' information can be found in the following links. You can copy and paste them into a new tab in your browser now, or find them on our website at a later time. 

    • U.S. Senators: 
      https://www.senate.gov/senators/senators-contact.htm
    • U.S. Representative: 
      https://www.house.gov/representatives 
      (If you are unaware of your district, you can use the Look Up tool in the top right hand corner of the screen.)

    Step 4: Send the Letter

    Once you've sent the letter, you've officially become an advocate for correcting the Dobbs V Jackson ruling, and protecting women's reproductive and constitutional rights - as well as our republican form of democracy - for generations to come. 

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    Post This Training on Your Social Media

    The more people who understand and advocate for women's human, reproductive and contitutional rights, the more quickly we can resolve this humanitarian and constitutional crisis. You can simply share this link, or add a personal note: https://www.safeaccess.allpeoplethriving.com To share the link, copy and paste into your social media post. You can also use the share buttons on our website. 

    Personal Note

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    Other Ways to Get Engaged

    It's natural for people to experience anger and upset when human rights and constitutional rigths are violated. However, turning that energy into action can help not only your own health and well-being, but also correct the violation. Other ways to get engaged include: 

    Call, Email or Send a Personalized Note to Your Elected Officials

    Let them know why this issue is important to you personally, and that you would like for them to protect women's reproductive rights, including safe access to abortion. 

    Call on Your Representative to Host a Policy Conference or Town Hall Meeting

    Remember, the job of a representative is to represent ALL of the people in their jurisdiction, regardless of their political affiliation. If your representative is only considering one side of the conversation, you can request they host a policy conference or town hall meeting to build consensus for protecting women's reproductive rights in your local region. 

    Organize and/or Sign a Petition

    Getting signatures to support a request for local, state and federal legislatures to protect women's reproductive rights is an important way to create change, and to get engaged with your local community. 

    Submit a Letter to the Editor in Your Local Newspaper

    Human rights violations can make people feel afraid to speak up. Submitting a well-crafted letter in your local newspaper can help others feel safer in their community, and even encourage them to speak up as well. 

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    Be a Part of Shifting Our Culture and Promoting Unity

    While there are many issues impacting Americans today, the Dobbs V Jackson case marks an important call to action. We must simoultaneously make room for sharing and expressing the full diversity of our personal experiences, beliefs, and opinions, while securing our individual rights and freedoms. Here, we'll cover four (4) important cultural shifts that can aid in protecting our freedoms - and our republic - for generations to come. 

    • Find Ways to Build Common Ground

      Many people, including those commonly called "pro-life" or "pro-choice," support efforts that can reduce unwanted pregnancies, including comprehensive sex-education, increased access to contraception, parenting classes, increased mental health and addiction services, and increased financial stability for all Americans. Improvements in the foster care and adoption systems, as well as public benefits (such as health care and food security) are also common ground to start from.

    • Share Your Stories AND Make a Committment to Safeguarding Human and Constitutional Rights

      When constitutional rights are protected, it makes it safer for everyone to share their own opinions and to learn from one another. We can share our personal opinions while simoultaneously protecting human rights and the United States Constitution. 

    • Encourage Elected Officials to Speak from Their Personal Experiences AND Uphold the U.S. Constitution

      Elected officials should also be encouraged to share their own personal views on issues, while simoultaneouly safeguarding the constitution. In cases where their position differs from the constitution, they can help educate the public about our republican form of government by explaining why they chose to uphold constitution even when their personal opinion might be different. This is how the United States of America was designed to work - For All People. 

    • Picture Yourself AND Your Loved Ones When It Comes to the Law

      While many states today are considering the criminalization of abortion, it's not a lone topic. Throughout the history of the United States, people's personal opinions about how other people should live or what they should with their lives have made their way into local, state and federal laws. This has included prohibition against marriage between people with different shades of skin color, prohibition against marriage between people with the same sex or gender characteristics, and even a new proposed ban on people smoking menthol cigarettes. 

      When it comes to the law, people often picture a stranger. But when we make something a crime under the law, it's important to remember that the law applies to you, your children, your family and/or your loved ones, too. When we're considering whether or not to support a law, it's important for us as voters or elected officials to ask ourselves: "Am I willing to lock my child, mother, grandmother, sister, brother, dad, best friend and myself in a cage for years to come for violating this law?"

      The law is not meant to necessarily reflect our personal opinions. In fact, when it comes to the law the question isn't just, "Do I think abortion should be legal?" The question is, "Do I want my daughter, wife or mother and her doctor locked in a cage for being a rape victim and wanting an abortion? Would I want my 10-year-old niece or Goddaughter to be forced to give birth? It's not just, "Do I think gay marriage should be legal?" It's "Do I want the government deciding who I should date or fall in love with?" It's not just, "Do I think menthol cigarettes should be banned?" It's, "Do I want my child, best friend, grandmother or dad locked in a cage for smoking a menthol cigarette?"

      Of course, when something becomes a crime, we also all have to pay for law enforcement and the cage. So the question also becomes, "Do I want to pay higher taxes to house my own children, parents, friends and loved ones in a cage if they if do this thing or make this mistake?"

      But most importantly, we have to ask: Regardless of my personal opinion, does this law safeguard all of our human and constitutional rights? 

     

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