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Jason V. Morgan: In light of abortion restrictions, Utah should lower its voting age

Women who are not yet 18 should have a say in how the law limits their choices.

(AP Photo/Charles Tasnadi) In this July 4, 1971, photo, President Richard Nixon signs the Constitution's newest amendment, which guarantees 18-year-olds the right to vote in all elections. Robert Kunzig, general services administrator, waits to certify officially ratification of the 26th amendment. The signing took place in East Room of the White House in Washington.

Utah was an early leader in women’s suffrage, recognizing even before attaining statehood that a population that votes is more difficult to oppress.

As one of the states that has instituted a ban (currently blocked) on abortion in the wake of the fall of Roe v. Wade, Utah has a special obligation to once again be a leader in expanding suffrage. This time, in light of the potential impact abortion restrictions can have on underage girls, Utah should lower the voting age.

Justice Samuel Alito, writing for the majority in Dobbs v. Jackson Women’s Health Organization, reasoned the decision would allow “women on both sides of the abortion issue to seek to affect the legislative process by influencing public opinion, lobbying legislators, voting, and running for office. Women are not without electoral or political power.”

But Alito omitted that girls under 18 are affected by restrictions on abortion, yet do not have electoral power. States that choose to impose abortion restrictions should lower the voting age if they are to rectify this unjust incongruity.

Whatever one believes about abortion, it cannot be denied that pregnancy is a major body- and life-altering — and, in some cases, life-threatening — experience. Even before giving birth, a pregnant girl or woman can realize significant financial, time, career and educational opportunity impacts. Raising a child amplifies these impacts and putting a child up for adoption carries its own significant emotional risks.

Girls denied abortions must suffer these consequences despite having had no official say in the government forcing them to give birth. Lowering the voting age would provide girls some say, giving them a voice they are currently denied.

Giving girls such a voice would not necessarily mean that pro-choice politicians would dominate elections. To be sure, young women are among those most likely to support access to abortion. But there are many anti-abortionist girls, especially in conservative states such as Utah. And women and girls who can bear children are far outnumbered by men and post-menopausal women, voters who are not directly impacted by abortion policies.

Moreover, young people have historically been among the most feckless voters, self-limiting their political power. Still, elected leaders are more likely to give consideration to the interests of girls who have the right to vote than to girls who must rely on others to represent their interests.

Opponents of lowering the voting age may protest that the voting age is set at 18. Under the 26th Amendment to the U.S. Constitution, states cannot deny a citizen the right to vote due to age once that citizen turns 18. But this is the minimum age states must observe in franchising citizens. The Constitution does not preclude states from allowing citizens to vote before turning 18. Many states, including Utah, even allow those who will turn 18 in time to vote in the next general election to vote in primaries.

Opponents of lowering the voting age may also argue that children under 18 are too immature and do not have sufficient knowledge and wisdom to be entrusted with the right to vote. Setting aside that the youth do not hold a monopoly on folly, such arguments miss the point.

We elect officials to study issues in depth and make critical governance decisions on our behalf. Voting helps ensure that those who govern do so with our collective consent. Girls forced to give birth — possibly without having given consent to the sexual act that led to the pregnancy — deserve to be heard.

Besides, if we trust a girl enough to force her to either raise a child or make the difficult decision to put that child up for adoption, we can trust her to step into a voting booth to identify her political leaders of choice.

Utah has joined a number of other states in preempting the most intimate, long-lasting decision pregnant girls face, subordinating their bodily autonomy to the perceived interests of the state. Thus, Utah girls have a significant need to have a formal say in their government. Utah’s voting age should be lowered.

Jason Morgan

Jason V. Morgan graduated from the University of Utah in 2002 and is now licensed as an attorney in the Commonwealth of Virginia.