DOES THE CONSTITUTION PROTECT A WOMANS RIGHT TO CHOOSE THE PLACE AND ATTENDANT FOR CHILDBIRTH?
Childbirth is not mentioned in the Constitution, although several parts of the Constitution are relevant to our midwifery issues. The opening paragraph of the Constitution says, “We the People of the United States, in order to … promote the general welfare … do ordain and establish this Constitution…” The Ninth Amendment, which has been interpreted by court decisions to protect the right to privacy, reads: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The Tenth Amendment says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The First Amendment, besides specifically protecting religious freedom, forbids Congress from making laws that abridge “the right of the people to peaceably assemble.” While these points can all be seen (by us) as protecting our “rights” to choose where and wit
