A day before women’s reproductive rights have diminished in Americathe Colorado Court of Appeals expanded men’s reproductive rights. centenary state men have the recognized right not to have children, even after designaccording decision In re: Olsen’s wedding.
Mr. and Mrs. Olsen used in vitro fertilization to have children. When they divorced, remains Olsen frozen pre-embryos existed. Mr. Olsen wanted them destroyed. Mrs. Olsen, a practicing Catholic, wanted them preserved and donated.
The Colorado Court of Appeals, citing Colorado’s commitment to reproductive autonomy, concluded that Mr. Olsen’s right not to procreate must prevail on the religious desires of his ex-wife. Judging the validity of feelings based on faith has been specifically frowned upon. Colorado courts cannot resolve religious disputes.
Mr. Olsen wisely retained the accomplished Colorado appellate attorney Paige Mackey Murray. The daughter of famous “Voice of NASA”, Skip Mackey, Murray grew up in Cocoa Beach, Florida, before moving to Boulder and attending CU Law School. This savvy and successful working mother still lives and works under the Flatirons.
In his dynamic opening appeal brief, Murray informed the Olsen Court of Appeals, “The outcome of this case will determine whether a person – based solely on that person’s religious moral belief in life at conception – will be permitted to force another to become a genetic parent against their will.” Murray’s arguments prevailed, as evidenced by the Court of Appeal’s decision detailed decision.
When debating abortion, I have long used the hypothetical neighborhood fertility clinic Fire. If I had the opportunity to save an old security guard overwhelmed by smoke inhalation or frozen pre-embryos, I would save the actual human being.
Reviews of this choice exist, and are generally religious. Some denominations claim full “human being” status vests immediately after fertilization. But I’ll use common sense. Others may observe their own faith. Just don’t put it on us.
Letting this fertility clinic security guard suffer and possibly die seems cruel. Horrible is the American reality allow states like Mississippi to impose female misery and increase in maternal mortality, same for girls impregnated by rape. More 1,000 girls under 15 have abortions every year.
Intelligent Catholic women vehemently oppose it. Rep. American Magdalene Dean, D-Pennsylvania, a LaSalle graduate and attorney, said“What happened here under Dobbs, is that we have a majority in the Court, two of them sitting corruptly by an autocrat of a President, and it turns out that they are theocrats. They’re actually not six Catholics, and I’m a Catholic, so I say this with respect, they’re theocrats. . . . They want their faith to determine the lives of everyone else.
catholic university graduate Maureen Dowd left her Irish show this weekend, lambasting America’s retreat from criminalizing abortion. Dowd is “stunned that Ireland and the United States have swapped places. Ireland leapt into modernity, rejecting religious reactionaries’ insistence on control of women’s bodies. America has recoiled, ruled by the insistence of religious reactionaries on controlling women’s bodies.
Female bodies are obviously impacted by the Dobbs decision. The same goes for the magnificent body of American common law, which has evolved intelligently and gradually. Basic due process rights have gracefully integrated into modern realities. Underlying constitutional concepts of personal autonomy and liberty used to prevail, but not anymore.
Maybe we litigants shouldn’t complain. In the short term, this is a full employment environment for lawyers. Why not pick up a flyer on a case that goes against the precedent? “Remember the Dobbs decision!” will be the battle cry. Who cares about the precedent or watch the decision In any event?
We should all care about that. America depends on the rule of law. The original legal reasoning won’t work, and depends on who is writing the story. Facts can be deliberately distorted, as demonstrated by this Supreme Court of the United States. How can the original Founders of America, who deprived women of the franchise, determine women’s rights today?
Zealous right-wing religious lawyers with robes have enormous power now. The US Constitution means everything they say. Massive and rapid judicial reforms are necessary, but unlikely.
Appeals expert Murray scoffs at the Dobbs decision, telling me“Jurisprudence builds on itself. Dobbs says it’s limited to abortion, but they limit the substantive due process rights that can be established, and that sets a precedent. Each case resembles previous cases. And that’s a way of slowing down the changes in the law; make sure the law moves very slowly rather than having these kind of huge decisions that create such an upheaval in society.
READ: Colorado Sun Opinion Columnists.
Murray fears anti-reproductive laws will emerge afterDobbs America. She explains how “the innate civil liberties that surround not having children also protect the right to have children. At some point we will have to talk about the impact this has on involuntary sterilization and eugenics, because these constitutional privacy rights also encompass this.
Most Americans Disapprove of Dobbs. Murray promises to be a “voice against Dobbsvolunteering to help poor women. She foresees “there will probably be warrants for my arrest in a few states in a few years. This may be my last trip in Florida.” The Space Coast was his home. Not anymore.
Women and men of the bible belt, who support reproductive rights, will continue to gather in Colorado. We understand why they come here. Human beings love freedom.
Craig Silverman is a former Denver chief assistant deputy who also worked in the media for decades. Craig is a general columnist for The Colorado Sun. He is an active trial attorney in Colorado with Craig Silverman Law, LLC, and host of The Craig Silverman Show podcast.
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