Life and Personhood
Quinnsong said:
Has anyone brought up the legal ramifications if DF became status quo. Currently, if a person causes harm or death to an unborn fetus that person is charged with murder, how would DF affect this? How can the fetus count as a life inside the womb in this scenario but not when aborting at full term?
It's not a question of "life". It's a question of "personhood". The laws pertaining specifically to fetal homicide are fetal homicide laws.
By assigning "personhood" to a zygote, those laws are essentially rendered moot, as that "person" is now covered by other laws.
And under Equal Protection, "other laws" means
all of them.
I would ask you to undertake a thought experiment over the next week or so. It's fairly simple. Every time you are in an automobile, observe the speed. Compare this to the posted speed limit, and account for whether or not your state has a "basic speed rule" by which you can be found to be speeding while the vehicle is traveling at less than the posted speed limit.
Any time you have to slam on the brakes or otherwise decelerate the vehicle in such a manner that strains the seatbelt against your body, consider that if you were pregnant you might just have committed negligent homicide. Were you traveling above the posted speed limit when you hit the brakes? Were you driving under the posted limit but in excess of the basic speed rule? And if you happen to miscarry at any subsequent time during that pregnancy, is violation of the basic speed rule on that occasion worth life imprisonment?
This is the functional problem presented by
LACP (
FAP).
Compared to the
refusal of LACP/FAP advocates to address these issues, dry-foot is a
functional bright line at which one person does not exist inside another. Indeed, some find this observation so offensive that they would pretend the fetus somehow magically disappears from inside a pregnant woman when it achieves viability. Or, to take such propositions more seriously, yes, we could accommodate the person in utero's rights by Caesarean section delivery starting at the point of viability instead of termination. In this case, the state would assume all medical expenses for the procedure, as well as assume financial responsibility for the medical bills that might be incurred by premature birth. If we are to strip a woman's governance over her body because equal protection demands the zygotal "person" receive superior consideration under the law, such a savagery as I noted would, at least, be a compromise point. But as I said, it's a brutal compromise that will radically escalate the infant mortality rate as well as trade out abortion for major invasive surgery.
And as long as these advocates insist on denigrating a woman's human rights without reconciling that cost, yes, these insane "compromises" are potentially ways to settle the inherent conflict of one "person" asserting rights within and over the body of another person.
There are, of course, other compromises, but anti-abortion advocates don't seem to want to deal with those, and they all simply take the situation out on women.
Which, of course, is sort of the point of the anti-abortion argument.