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Blueprints - February 2005 Edition

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Visiting professor addresses future prospects for the Pro-Life Movement
By Shelly Lutton '05

    On Jan. 20, Villanovans for Life sponsored the lecture Roe v. Wade: Future Prospects for the Pro-Life Movement, presented by M. Cathleen Kaveny, the John P. Murphy Foundation Professor of Law and professor of theology at the University of Notre Dame. Many gathered in the Connelly Center to listen to Kaveny discuss the 1973 U.S. Supreme Court decision which found the right to abortion is protected by the U.S. Constitution. Cathleen Kaveny discusses expectations for the Pro-Life MovementThe Court held that a woman's right to an abortion fell within the right to privacy and therefore is protected by the Fourteenth Amendment. The outcome of Roe v. Wade gives a woman total autonomy over the pregnancy throughout the first trimester and defines various levels of state interest during the second and third trimesters. This decision led to the development of two very different philosophies about abortion: pro-choice, which agrees with the law, and pro-life, who is very much against it.

   Kaveny used rather unusual imagery when discussing the current debate over abortion: she compared the two different philosophies to life back in the Wild West. She explained that pro-choice advocates view abortion laws as fences around their property; these fences are meant to keep public matters out, and private matters in. Things that occur within the fence are of personal jurisdiction, while those that occur outside the fence belong to public jurisdiction. In this scenario, one’s body is the property, or the private domain, and therefore personal jurisdiction is called for. Thus, according to this philosophy, as long as abortion takes place within one’s private domain, no one has the power to prevent that action or take that right away.

   Kaveny continued, explaining that pro-life advocates feel very differently about abortion laws. They believe that the laws should be more relaxed, actively guiding a person rather than fencing them in or confining them to a particular lifestyle. In terms of the Wild West, pro-life advocates view the laws not as a fence, but instead as a marshal who protects and serves the citizens, particularly the innocent. In this scenario, the laws should play an active role, encouraging people to deal with a problem when it arises rather than acting as a preventative measure. According to this philosophy, abortions would no longer be necessary, as the problems associated with the child would be dealt with after s/he is born.

   Many students and professors expressed their own opinions about the abortion controversy. Dr. Joseph Dellapenna, a professor at the Villanova Law School, commented on the lecture, stating that Kaveny was “thoughtful and interesting… and politically realistic. She was not optimistic about changing the outcome of Roe v. Wade, but instead suggested that we work on less people wanting abortions rather than prohibiting them.” Dellapenna continued, saying that he believes there will never be an amendment to the Constitution concerning abortion until it is no longer a controversial issue. Students reacted favorably to Kaveny’s lecture as well, and many could be heard discussing her thoughts and ideas long after the lecture had ended.

   Kaveny’s lecture was just one of the many activities included in Pro-Life Week. Villanovans for Life also provided an educational table display in the Connelly Center throughout the week, and provided transportation to Washington, D.C. for those students interested in attending the March for Life on Jan. 24.    

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Last Modified: Fri Jul 29 13:31:26 EDT 2005
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