CONELY COMMENTARY (WSAU) – The Wisconsin state Supreme Court is about to hand out a new right. They’ve already received legal briefs on whether we have a right to body autonomy. There’s complete certainty that the court’s new liberal majority will say “yes”. But no such right is written in our state law or our state constitution.
Why is this a cause celeb for the liberal justices who now have the majority on court? Because they believe it will settle the abortion question in our state once and for all. Once they declare a right to body autonomy, a woman who wants to terminate the baby growing inside of her will have the right to do so. The issue will be beyond any future law that the legislature might create.
Under the novel theory of “it’s my body, I can do anything I want with it,” abortion will be a newly discovered right.
But beware of unintended consequences of being able to do whatever you want with your body. Couldn’t the same “rights” be applied to drug use. It’s my body… so if I want to be under a permanent purple haze of marijuana, or more dangerous drugs like cocaine or heroin, what’s to stop me? My body, my choice, right?
The legal argument of “it’s my body, I can do whatever I want with it” can spill over into many other distasteful areas. Would such a ruling legalize prostitution in our state? It’s my body, if I want to sell it for the sexual gratification of others, what’s the stop me? Body autonomy seems to allow it.
Suppose two adult siblings, in a consenting relationship, want to get married? Do they not have a legitimate case under their new body autonomy rights? You may think that’s an extreme example, but is it? Gay marriage and gender reassignment were not publicly discussed just a few decades ago. The political left has a knack for pushing a social agenda that no one even dreamed of not too long ago.
Here’s what the state Supreme Court gets wrong: Our rights are defined in our law. Making up rights that wouldn’t otherwise exist sweeps aside the political process which the court is supposed to respect.
Chris Conley
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