A state judge has struck down North Dakota’s ban on abortion, saying that the state constitution creates a fundamental right to access abortion before a fetus is viable
  • regul [any]@hexbear.netEnglish
    12·
    2 months ago

    Part of the ruling stems from the ND constitution which guarantees a right to pursue happiness:

    Section 1. All individuals are by nature equally free and independent and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property and reputation; pursuing and obtaining safety and happiness; and to keep and bear arms for the defense of their person, family, property, and the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be infringed.

    Notably, “life, liberty, and the pursuit of happiness” were in the Declaration of Independence, and not the US Constitution. But ND put it in theirs.

    Anyway, wishcasting here to say that this opens a pathway to protecting gender-affirming care in ND as well.

    Link to opinion (PDF) if you want to read it.