The existence of rights is critical. The rights that utilitarianism allows for are rights that will maximize happiness. But isn't the whole idea of a right the idea that you are entitled to something no matter what, even if your having that right makes things worse for the sake of happiness. For example, do you only have the right to live if it would be best for the balance of pleasure over pain if you stayed alive?
Example 1: If a woman has a miscarriage, should she have to prove that she didn't induce the abortion?
Example 2: A woman's pregnancy is likely to either kill her or leave her with serious physical damage if she carries the pregnancy to term, should we wait until we are sure she will die if she continues the pregnancy before ending the pregnancy?
Example 3: If there is a rape exception, what kind of evidence should be needed that there has been a rape?
I am not implying that these problems can't be resolved, or even that laws in restrictive states don't cover them.
