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06 November 2008

When Does Life Begin?

Colorado voters rejected a 2008 referendum on amending their constitution that would have banned abortion from the moment of fertilization in the womb. The Supreme Court decided in Roe v. Wade that abortion is not unconstitutional until the fetus in the womb is a viable living organism, i.e. its third trimester of existence. These two events illustrate the difference between principles of morality and of law.

The Justices were correct in limiting their opinion on the issue, and on the relevance of the U.S. Constitution, to a condition that society can have a practical effect on. Arbiters of morality, like churches, are free to influence their followers’ behavior in those situations over which only they have control. But they cannot, under our Constitution’s establishment clause, rely on the government to enforce their doctrines.

The Colorado proposition would cross that boundary. It might as well prohibit masturbation or dying one’s hair.

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