In 1787 the Constitution was written but it did not mention the right to privacy. Even though it does not explicitly mention the privacy right the Supreme Court believes the First, Third, Fourth, Fifth and Ninth Amendments imply this right. Some of the hot topics that are constantly debated as to whether it is a private concern or not are contraceptives, abortions and same-sex relations. Each debate has ended before the Supreme Court forcing them to strike down laws prohibiting the state from interfering. Even though privacy cases are public opinion and cater to the majority we the people have the right to make our own choices.
Contraceptives have been around since the mid-nineteenth century and the debate as to whether they should be widely available is still discussed in 2020. In the 1870s every state banned contraceptives in fear of immigrants having more children than Americans. This law was never questioned until 1965 when the case Griswold v. Connecticut was brought to the Supreme Court. How would they make sure the public followed the law by entering people’s homes or peeping through a window when couples were being intimate? It was clear this was a private decision and the Courts had no right entering intimate relationships.
In 1973 The Supreme Court struck down a Texas law banning abortions in Roe v Wade. The right to life vs right to choose has been a debate in American Politics for centuries. Does a women have the right to terminate her pregnancy during the first trimester? The “pro-life” side thinks if a women terminates her pregnancy it is murder and the “pro-choice” side thinks it is a women’s choice as to what she wants to do with her body and whether she wants to raise a child. Women who become pregnant and have medical issues or women who are raped and become pregnant should have a choice as to whether they want to have the child or not. The government shouldn’t put undue burden on her by making her have the baby.
Same-sex relations is a private matter but the Supreme Court ruled it was not in 1986 and upheld Georgia’s antisodomy law. If the government does not have the right to interfere with the opposite-sex relationships why should they have a say in same-sex relationships. If you have two consenting adults choosing to engage in relations it is a private matter. The antisodomy law is ultimately solely based on moral opinion and in 2003 the Supreme Court overturned the law in Lawrence v Texas.
The right to privacy is a fundamental human right that allows us to make decisions on a daily basis without judgement or discrimination. Contraceptives, abortions and same-sex relations are hot topics that are always debated and decisions are made based on majority morals. But some moral opinions do not belong in politic. When the Bill of Rights were created James Madison and Congress sought out to protect “the people” freedom from government intrusion into our personal lives and homes.
