The PJ Tatler

The U.S. Constitution, Contraception and Abortion

There have been many articles on the contraception-abortion-health care disputes arising from President Obama’s announcement that churches and religiously affiliated entities must directly or indirectly subsidize or otherwise facilitate access to contraception and some abortion methods regardless of their long standing doctrinal objections to them.  Despite many ad hominem references some have been interesting.  However, I have seen no analysis of the origins of our various rights, including any obligation I may have to pay for your exercise of yours .

The Second Amendment provides,

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

There is no constitutional requirement that those who do not voluntarily “keep and bear Arms” pay for the arms of those who do, beyond paying lawfully imposed taxes.

The First Amendment provides,

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Leaving religious matters aside, I am aware of no constitutional requirement that I pay for another person’s exercise of free speech, of the press, to assemble or to petition the Government, beyond paying lawfully imposed taxes. Why, therefore, should everyone, including those who oppose such things, be required by law to pay for them (beyond paying taxes)?

This article at my blog examines these matters in greater detail.