Instigator / Pro
17
1442
rating
45
debates
56.67%
won
Topic
#5534

Women do not have a Constitutional right to abortion

Status
Finished

The debate is finished. The distribution of the voting points and the winner are presented below.

Winner & statistics
Better arguments
3
9
Better sources
6
8
Better legibility
4
4
Better conduct
4
3

After 4 votes and with 7 points ahead, the winner is...

Barney
Parameters
Publication date
Last updated date
Type
Standard
Number of rounds
4
Time for argument
Two weeks
Max argument characters
30,000
Voting period
Two weeks
Point system
Multiple criterions
Voting system
Open
Contender / Con
24
1815
rating
53
debates
100.0%
won
Description

No information

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@Barney

You don't have to give me an explanation for your beliefs. I'm just curious whether you think abortion is right or wrong. You can give me an in-depth explanation too if you'd like.

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@CatholicApologetics

Actually a really complex question to answer, and much of what I began to type touched on topics from the debate (remind me after voting ends and I'll answer in depth).

One thing I can say is that I really think the whole issue gets looked at quite backwards. I don't understand how we can have forced births and not forced vasectomies.

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@Barney

I notice it says you are a Catholic on your profile. What do you think about abortion from a theological perspective? Do you think it's right or wrong?

I should have a little time in the next day or two to finish this up.

The website outage threw off my schedule. And tonight I had to take care of a couple things… However. I have not forgotten this debate. Got most of my next round written, I shouldn’t have any difficulties finishing it in the morning.

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@Barney

I am trying not to read it, because I don't want to spoil it for myself when I go to vote.

I just knew when I saw that statement I wanted to see what you referring to as modern day slavery and I was not disappointed

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@WyIted

My apologies for any difficulty.

https://southpark.cc.com/video-clips/444m6e/south-park-stu-dent-ath-o-leets
Was correctly labeled, but should have been on the source list (not getting it there, is how another also got called 11)

https://www.npr.org/2022/08/18/1111344810/abortion-ban-states-social-safety-net-health-outcomes
Should have been 12, with its reference updated to match.
If you had to pick just one, it would be this one (as the other was just witticism from Trey Parker and Matt Stone).

...

Anyways, I hope you're enjoying the debate.

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@WyIted

I'm not going to lie. that comment was comedy gold.

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@Barney

I have a question about your citations.

which one of these citations are citation 11 for round 1.

11. https://southpark.cc.com/video-clips/444m6e/south-park-stu-dent-ath-o-leets

or

11. https://www.npr.org/2022/08/18/1111344810/abortion-ban-states-social-safety-net-health-outcomes

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@Casey_Risk

I recognize that responding to each point individually isn't always the most effective strategy. However, failing to address everything your opponent mentions may come off as an admission or could be misconstrued as conceding points by omission. That is why we are both going line for line as you said.

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@Casey_Risk

My aim was not to solicit advice but rather to hear your opinion on our recent arguments, as I enjoyed your perspective. I am sure, though, that although the primary focus of the debate should be on whether women have a constitutional right to abortion rather than the 13th Amendment, it will be quite challenging for the opposition to legally establish any relevance of the 13th Amendment to the issue of abortion. Nevertheless, I find the debate engaging and hope you share in the enjoyment.

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@Americandebater24

I don't think it would quite be appropriate for me to give specific advice in the middle of a debate. I've skimmed through the latest few rounds. Both you and Barney seem quite dedicated to the line-by-line rebuttal in this particular debate, which I have to say I'm not really a huge fan of. In the end, I think this one is all going to come down to who wins on the argument about the 13th amendment, at least as far as my vote is concerned. I'll have to wait and see how these last two rounds go.

Barney isnt gonna lose this one, even if that is the actual wet dream of some people.

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@Americandebater24

I'm a little bit busy with a game of mafia right now, but I'll read through them tonight.

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@Casey_Risk

We just made two new arguments. I would love to hear your views on both sides.

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@Barney
@gugigor

Honestly, Pro is doing decently well so far. Barney is a good debater, but AmDeb is holding his own. The point he brought out at the end of Rebuttal #3 was both surprising and very strong imo. I could see this being Barney's first defeat, though at this point it's still anyone's game.

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@Barney

is it possible? Could it be, your very first lost after 100+ debates... I wonder, if he's finally got you! This is perhaps the only topic plus opponent you've picked so far that are severely challenging in my opinion. Besides that one Oromagi debate you had way back on DDO...

My argument is almost ready. Next time I have time to add another paragraph or two and proof read everything I’ll post it.

Don't cower or cry. If you know you can refute people, you don't have to run from them.

A good fighter doesn't run from a no challenge bum or scrub.

>Does that apply to writing and other forms of expression as well? Or literal just to what our forefathers wrote, the spoken word? Also do any instances of 'man' and such refer to woman equally?
I do not really understand the questions here because the First Amendment makes it pretty clear that my ability to freedom of speech is absolute. Yes, it only applies to government and private entities such as your place of employment or public platforms can retaliate in ways from firing me, banning me, and suing me. However, the fact remains that I cannot be silenced because my ability to speak is protected by the First Amendment.

The wording of the Constitution has not been changed since it was written, so there is no difference in what the Constitution says now as opposed to what the forefathers originally said. The only argument you could make is to point out that other amendments were added after the forefathers died. Still, even then, that doesn't change the fact that many of the beginning Amendments, including Free Speech, were authored by our founding fathers.

Also, the Constitution's criteria are based on CITIZENSHIP, not GENDER. So any rights or laws governed by the Constitution apply equally to men and women both.

> Also please add your definition of constitutional right into the description.

I don't go by subjective definitions when it comes to the law, as it is not a matter of personal opinions. The definition of Constitutional rights is any rights granted to you by the Constitution. They are generally categorized under the American Bill of Rights. https://www.law.cornell.edu/constitution/billofrights However, other rights, such as women's and African American rights to vote as well as the right to vote at 18, exist as well.

> You may also want to add a few details of the types of abortion you are applying this to. Human (obviously), before the end of the third trimester, but second trimester forward or conception forward or what? And are you wishing your ban to allow exceptions for instances of rape, health issues (hopefully at least ectopic pregnancies), or anything else?

Well, there are no different "types" of abortion. Abortion is the wish to terminate a pregnancy. And no, the point of this isn't to advocate for or against abortion. I am saying that from a Constitutional standpoint, women do not have the right to have an abortion, and I am inviting anyone who thinks otherwise to challenge that position.

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@Savant

I just noticed that there's a long argument window, so my busy schedule would probably allow it... So it's tempting

And yes, I know I'm trying to be done with debating, but abortion debates call to me... I don't even take them that seriously, in the last one I used Xenomorphs as a (weak and just there for the lols) argument for forced abortions.

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@Americandebater24

-> when I insist I have a right to free speech Constitutionally

Does that apply to writing and other forms of expression as well? Or literal just to what our forefathers wrote, the spoken word? Also do any instances of 'man' and such refer to woman equally?

Also please add your definition of constitutional right into the description.

You may also want to add a few details of the types of abortion you are applying this to. Human (obviously), before the end of the third trimester, but second trimester forward or conception forward or what? And are you wishing your ban to allow exceptions for instances of rape, health issues (hopefully at least ectopic pregnancies), or anything else?

>It is forcing pregnancy for those already pregnant.

Again, unless it's rape, that was the consequence of their actions.

>Really, you are making the argument, "If you don't want kids, then don't have sex." Really, the only people that can make this argument are those that are waiting until marriage to have sex (which I'm willing to, but only 3% of the US population actually is willing to do).

I don't know what to tell you; I didn't invent biology. You choose to have sex recklessly, and without thinking, you will end up with a child. Most people realize when they are older that sex is not all that important and has consequences. You don't have to wait till marriage; you have to be responsible. Know the laws in your state, look at your finances, ask yourself if parenthood is worth the risk, and let the chips fall where they may.

>The claim that, "Consent to sex is consent to pregnancy" is a claim that those wanting to ban abortion agree with and those wanting to legalize it disagree with.

Pregnancy is the result of sex. That is basic biology and the result of one's choice. It has nothing to do with consent. I don't care if abortion is banned or not. I care about keeping it factual.

As for the rest, I fail to see what's important about your bulletin. Because facts don't care about feelings and facts are all that matter. The fact is, if a woman decides to have sex with a man, she is playing a game of, "Will this get me knocked up or not?" Once she does this, whatever actions that happen is what she brought on herself. It doesn't matter what others think about or if she does it in the name of "good" or natural. You don't want to have kids? Don't have sex. Too easy.

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@Barney

Surprised you haven't accepted. This seems right up your alley.

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@Americandebater24

->Denying the right to abortion is not forcing pregnancy.

It is forcing pregnancy for those already pregnant.

->So, my rebuttal to that argument if people present that to me is, "Women don't need to have sex." It's as simple as that.

Really, you are making the argument, "If you don't want kids, then don't have sex." Really, the only people that can make this argument are those that are waiting until marriage to have sex (which I'm willing to, but only 3% of the US population actually is willing to do).

The claim that, "Consent to sex is consent to pregnancy" is a claim that those wanting to ban abortion agree with and those wanting to legalize it disagree with.

I am confused as to which side I take on this debate.

Really with all activities you can do that are dangerous, you can say, “If you don’t want the risk, then don’t do the activity”. But with all of these activities (except for sex), if things go south, then you can legally get treatment in all 50 states since you aren’t harming anyone by getting treatment for the vast majority of activities (you aren’t harming anyone significantly if you put ice on your hand after a burn from matches).

Find some situation that meets all of the following criteria:

1. Feels very good to do on a natural and instinctive level.
2. Has plausible risk to it if things go very south.
3. Treatment would harm some other entity significantly

And one bullet point from the following criteria:
4. Therefore, you should not be allowed to get the treatment due to the significant harm it would cause to others.
5. Despite this, you should be allowed to get the treatment despite the significant harm it would do to others.

It’s easy for me to think of many situations where 1 and 2 are met. It’s much harder for me to complete 1-3 and then get 4 or 5. Your answer for 4 or 5 should be something pretty much everyone agrees with.

If you want to establish the belief, "If you don't want pregnancy, then don't have sex" then you must find some situation that means bullets 1-3 and 4 while also acknowledging that if you get a situation that meets 1-3 and 5, then you should become pro choice.

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@TheUnderdog

Denying the right to abortion is not forcing pregnancy. No one says, "You woman. You must have 3 children before your 20th birthday." When women have sex, they run the risk of getting impregnated, excluding cases of rape that are entirely on them. So, my rebuttal to that argument if people present that to me is, "Women don't need to have sex." It's as simple as that.
As for the 14th Amendment, while it is true that only people born in the US are natural citizens, it does not OK murder, nor would that even be relevant to the 14th Amendment. Abortion itself being considered murder would depend on the state.

I know these are not your arguments. But I felt offering how I view them.

I mean, if you view constitutionality through the eyes of constitutional law, then there really isn't a debate here. Under the Dobbs decision, it is no longer considered a constitutional right. If you were to ask whether it *ought* to be considered one, however, that would be a more interesting question.

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@Barney

My definition of a Constitutional right is that it has to be based in some way on the Constitution. That is how the law works. For example, when I insist I have a right to free speech Constitutionally, I have to cite where that comes from within the Constitution itself. In this instance, the First Amendment. The 13th and 14th Amendments don't mention abortion, so they cannot be used as a basis to say that the right to abortion is within them.

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@Americandebater24

The 13th amendment outlaws slavery. Pro-choice advocates argue that forced pregnancy is slavery.

The 14th amendment says one group of people that are Citizens. Pro choices argue this means that only those born in the US are Citizens and that it's ok to murder someone if they are not a Citizen.

I don't agree with these arguments, but if you want a good rebuttal to them, then look at comment 7.

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@Barney

13th amendment: Outlaws slavery

I wonder if you would argue that a deadbeat dad being forced to pay child support without his consent is slavery since some of his work gets unrewarded since the kids get the money.

14th amendment: States one group of people who is a US citizen (those born here)

This amendment is not exclusionary. It doesn't say, "Only those born here are Citizens". It says, "Those born here are Citizens". But lets say we claim that an unborn kid isn't a Citizen. Fine. You know who also isn't Citizens? Tourists in the US. So unless you believe it's ok to murder tourists because they aren't Citizens, then I recommend you drop this amendment as a reason to justify legalized abortion.

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@Americandebater24

What is your definition for constitutional right?

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@Mall

I don't give a shit how many times you come to my comment section and call me a coward. I blocked you because you never debate with any intention of staying on topic or even acknowledging the points anyone makes. Arguing with you is simply a waste of breath.

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@Barney

Don't take this the wrong way, but I seriously need to know where you got that kind of education from. The 13th and 14th Amendments neither mention abortion nor are they relevant. The 13th Amendment is about abolishing slavery: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." https://constitution.congress.gov/constitution/amendment-13

The 14th Amendment is about citizenship status, prohibiting people guilty of insurrection from taking political office, and other issues. None of them include women reproductive rights. "Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

https://constitution.congress.gov/constitution/amendment-14/

there is nowhere in the Constitution that says women have the right to an abortion.

Cowardice.

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@Americandebater24

Whether or not women have a constitutional right to an abortion is irrelevant. The debate title should be, "Women SHOULD have a Constitutional right to abortion." If you disagree with this, then pick con. The status quo has a place at the table, but many people disagree with it.

There could be some amendment that says, "Abortion is legal nationwide until the moment of birth", and I would argue that that amendment should be repealed even if it's protected.

Bad laws should get eliminated.

Only if you forget about the 13th and 14th amendments... Probably some others as well.