In re On Abortion Repeal

[Culture of Life]

JUSTICE COURT OF RIGHT TO LIFE
In re On Abortion Repeal
Decided January 12, 2014

In the NationStates General Assembly, a proposal has been submitted to repeal Resolution 128, On Abortion, raising two constitutional questions. First, does a citizen of Right to Life violate the oath of citizenship (RTL Const. 1:2-3) by voting against a General Assembly proposal to repeal On Abortion? Second, is the president of Right to Life, as the World Assembly delegate of the region, required by RTL Const. 3:1 to approve and vote for a General Assembly proposal to repeal On Abortion?

Regional law says, "The oath of citizenship is 'I, [insert nation name], hereby affirm that I am pro-life; I am against elective abortion in all or most cases.' Only someone who is pro-life can hold citizenship. Someone pro-life must be opposed to elective abortion in all or most cases. A citizen may support legal access to therapeutic abortions and abortions in cases of rape, incest, and fetal defects" (RTL Const. 1:2-3).

According to regional law, "The President . . . may act on World Assembly proposals however he chooses provided that he approves and votes for every General Assembly proposal that would advance the pro-life cause and does not approve and votes against every General Assembly proposal that would promote abortion" (RTL Const. 3:1).

DEVOTED DECONS, JP, delivered the opinion of the Justice Court.

On the question of the Oath of Citizenship, the Justice Court has concluded that citizens may vote their conscience with impunity on the Repeal of On Abortion. The oath of citizenship requires that member nations are personally against abortion in all or most cases. The exceptions provided in the oath are congruent with the permitted cases in Section 1 of On Abortion. The oath does not require that nations seek out abortion restrictions in other nations, and therefore the court must find that a nation may support GAR#128, On Abortion and be in compliance with the regional oath of citizenship.

With regard to the president, I find that the President, according to the Constitution, is required to approve and vote FOR the repeal, based on the clause stating "that he approves and votes for every General Assembly proposal that would advance the pro-life cause" (RTL Const. 3:1). On Abortion, clause 7, states "that all member nations retain the ability to legalize abortion for purposes not covered under the preceding clauses either unilaterally within their own jurisdiction or collectively through World Assembly resolution." This effectively prohibits future legislation that would end abortion in all or most cases world-wide, which would not advance the pro-life cause.

It is so ordered.