The bodily autonomy rights argument is different from the property rights argument. If you want to say they're the same, then great, we can ignore the property rights argument.
Two things.
- For the umpteenth time, bodily autonomy rights only refer to one's rights over their own body. It does not extend to someone else's body. It's unfortunate for the fetus that it cannot survive outside the womb, just like it's unfortunate I hypothetically cannot survive without your kidney, but that doesn't mean the woman shouldn't have bodily autonomy rights, just like it doesn't mean you shouldn't have bodily autonomy rights. This isn't about pitting one person's right to bodily autonomy against someone else's. We can give the woman and the fetus equal bodily autonomy rights, and that doesn't change anything. Even if the fetus has full bodily autonomy rights, that doesn't allow it to take away a shred of the woman's bodily autonomy. We can give you and me equal bodily autonomy rights, but that doesn't allow me to take away a shred of your bodily autonomy.
- You just said that a right to life is more important than bodily autonomy rights, so why don't you think the state can mandate organ donations?
You're right that if you refused to give me one of your kidneys, you didn't kill me. My kidney failure killed me. It goes both ways, however. If someone has an abortion, it's the fact that the embryo/fetus cannot survive outside the woman's body that led to its death. I don't have a right to your kidney, and a fetus doesn't have a right to the resources of a woman's body.
After your children are born, you have a reasonable expectation that they will be healthy and have self-sustaining bodies, yes. This doesn't violate anybody's bodily autonomy rights.
Nothing takes away a person's bodily autonomy rights. It doesn't matter if a person has sex, how consensual the sex was, or whether or not the sex was responsible. Consent to have sex is not consent to be pregnant. Consent to become pregnant is not consent to stay pregnant. I doubt you believe the state should be able to force people to donate kidneys to biological children, even if the children were consensual. I doubt you believe the state should be able to force people to donate kidneys to people because the law requires consensual sex-havers to register with a organ donor database.
- This wasn't a Supreme Court case, so it isn't exactly settled.
- Before the very recent fall of Roe, McFall v. Shimp was pretty consistent with other state and federal court rulings.
- I 100% agree with this court case. It's the anti-choice people who can't agree with this court case without being inconsistent.
- If, hypothetically, Pennsylvania took away abortion rights, McFall v. Shimp would be one good legal precedent for striking it down in the Pennsylvania courts.
I agree. Repeal these laws.
You have the choice to decline, turn around, and walk out, so it isn't really a violation of bodily autonomy rights.
I agree. Repeal these laws.
You have the choice to decline, turn around, and walk out, so it isn't really a violation of bodily autonomy rights.