During Biden’s first year in office while the covid pandemic raged on, I watched in bemused fascination as the rightwing insisted that mask mandates were unconstitutional (they aren’t — the Constitution says nothing about masks or any public health stuff for that matter) and that vaccines were going to kill us all (they didn’t). I thought to myself, “I wonder if this will help conservative people understand why liberals advocate for bodily autonomy and medical freedom.”
The right to decide what happens to your own body is probably considered one of the the most fundamental human rights nowadays.
This fundamental human right is NOT spelled out in the Constitution. The phrase about “life, liberty, and the pursuit of happiness” is in the Declaration of Independence, not the Constitution. The Constitution said nothing at all about bodily autonomy. In fact, it famously legitimized slavery. Even the 13th Amendment, which did away with most slavery, still allows convicted criminals to be enslaved.
So let’s make this one point exceedingly, absolutely clear: The U.S. Constitution does not say one single word about medical issues. Not public health. Not bodily autonomy to seek out or refuse any particular medical procedure. No one has a Constitutional right to medical help. No one has a right to refuse a medical procedure. No one has a right to get a medical procedure. In the Constitution. Everyone see that? The Constitution itself does not say a word about medical stuff or health care, or even that your body is your own.
There are lots of laws and cases about medical care that has developed over the years. It just isn’t based on the Constitution.
When Biden mandated vaccines, a plastic surgeon in Utah, Kirk Moore, signed up to distribute vaccines with the intent to “give people a choice” to circumvent the vaccine mandate. He falsified vaccine cards, and was willing to give saline shots instead of the vaccine. He was on trial for doing this when Pam Bondi halted the trial and ordered the Utah prosecutors to drop all charges. [Salt Lake Tribune article dated 12.17.2025 ]
This quote from the article, this quote right here, mirrors nearly word for word the liberal defense of bodily autonomy and medical freedom:
In an interview that lasted nearly two hours, Moore said choosing whether to get vaccinated is deeply personal and the decision should be made between patients and their doctors — not mandated by government or businesses. The Trump administration has similarly framed vaccination as a personal choice in its dismissal of established public health guidance.
Alright folks. The conservatives can say vaccines are a personal choice. The decision should be made between patients and their doctors. Okay. I think that’s not very smart, but if the conservatives will please be consistent in granting “medical freedom” to everyone, then go ahead and refuse vaccines.
Having an abortion is a deeply personal choice, and the decision should be made between patients and their doctors.
Taking birth control is a deeply personal choice, and the decision should be made between individuals and their doctors.
Transitioning genders is a deeply personal choice, and the decision should be made between patients and their doctors.
Be consistent. Anything to do with someone’s medical care is a deeply personal choice, and the decision should be made between patients and their doctors. Including abortion. Including birth control. Including transgender treatment, whether that takes the form of hormones or surgery.
This is the Amendment I want added to the Constitution: An individual’s right to their own body shall not be infringed.
Or words to that effect. Basically, something that means no laws can require or forbid any form of personal medical care. Yes, we’ll see more measles outbreaks and that completely sucks. (My personal opinion is that, if we take medical decisions away from politicians, science can reassert itself and the anti-vaxxers will go back to being a small fringe group once the Republicans stop dragging them into the mainstream.)
It is the height of hypocrisy for the Republicans to try and ban transgender care for minors nationwide while also undermining vaccines that would protect kids from measles. Here’s an article pointing out that Long Covid has now surpassed asthma as the most common chronic childhood illness. Okay. Don’t mandate covid vaccines for kids. But also don’t take away a transgender kid’s opportunity to take puberty blockers and hormones.
The “We Want to Save Lives!” and “Protect the Children!” rallying cry can be used by both sides of the argument. Which side you’re on depends on whether you accept science or religion. So take politics out of the issue entirely. If the Constitution guarantees bodily autonomy for all, the politicians have no more incentive to campaign on these topics. The discussion will remain active because churches and scientists can still speak out. But we remove medical care from politics.
Your thoughts?
- Neither side of the political aisle is going to win this argument. What do you think about giving all medical decisions back to individuals and their doctors?
- Conservatives tend to want to ban or reject healthcare. Banning abortion, banning gender affirming care, making vaccines optional. Liberals tend to want to allow access to healthcare. Allow abortion, allow gender affirming care. (And to point out the obvious — the vaccine mandates are gone. Those were only ever going to be temporary.) Do you see a difference in banning certain types of healthcare, as compared to ensuring access to certain types of healthcare?
- There will be some tricky situations if we allow bodily autonomy for all. Try to separate out the discussion about bodily autonomy for most of the adult population from a couple of categories. Here are two areas in which bodily autonomy will need a lot of discussion:
- Criminals with psychiatric issues. I don’t know much about this, but I think there is a way for a court to order someone to take medication?
- Children. At what age do kids get medically emancipated from their parents? Meaning, how old does a child have to be to go get vaccines over their parents’ objections? Or how old does a child have to be to start taking hormones as gender affirming medical care over their parents’ objections?
Wheat & Tares 
I don’t think I’m the only one who is pro-vaccine but anti-vaccine mandate. In other words, I like that I live in an era of vaccines and I take them for my own good. But I don’t want anyone else to feel compelled to do so, especially by the government.
The one area I have not quite worked out, given the above, is how to treat kids in public schools. If your kid is not vaccinated might that affect my kid even if he is? Not sure.