Supreme Court: "What is the States compelling interest1 in this case? Is it the protection of the woman or the protection of the fetus?"That's right. The entire Roe v Wade decision hinged on the definition of "person". Now, the dictionary says that a "person" is a human being, an individual. The unborn baby is a human being, an individual. But not a person. Legally, "person" is defined as an unspecified individual. The unborn baby is an unspecified individual. But not a person. Science, medicine, biology, morality, philosophy, law, and logic all demand that a human being, by definition, is a "person". But the courts have decided otherwise, and killing babies prior to birth is legal, while "person" gets to be defined by the mother. "I want it; it's a person", or "I don't want it; it's not a person."
Pro-Abortion Lawyer: "Only the mother."
State Lawyer: "Both."
Supreme Court: "Why both?"
State Lawyer: "Because medical science assures us that the unborn is a human being at the end of fertilization. Thus, both the mother and the unborn baby are human and compel the State to protect them."
Pro-Abortion Lawyer: "We disagree that the unwanted child2 is a human being."
Supreme Court: "Well, at what point does that entity stop being a non-human and start being a human?"
Pro-Abortion Lawyer: "At birth."
State Lawyer: "What's the difference 30 minutes before birth and 30 minutes after birth that defines the baby as human or not human? We contend that there is no difference."
Supreme Court: "If the fetus is a person, then the 14th Amendment would end this question, wouldn't it?"
Both Lawyers: "Yes."
Supreme Court: "So who determines if it is a person?"
Pro-Abortion Lawyer: "The mother3."
State Lawyer: "Science, medicine, logic, the fact that it's a human being, moral demands, and, ultimately, the legislature."
Supreme Court: "No, we do. Not a person. Next!"
The ramifications are obvious. In the 1800's, black people were legally defined as non-persons -- sub-human. No legal rights. Property. In the same period, native Americans were defined as non-persons -- sub-human. No legal rights. As late as the 20th century, women were defined as non-persons. They went from no legal rights and the status of property to limited legal rights before they ever arrived at today's status. In Nazi Germany, Jews were classified as sub-human. No rights. Killing them wasn't acceptable; it was preferred. And so it goes. If "person" is so nebulous as that, then what's to stop the courts and the culture from redefining anyone as "non-person"? Are the elderly next? How about Christians? How about you?
You see, definitions (or the lack thereof) are important.
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1 "Compelling interest" is vital to law. If the State has no interest sufficient to compel it to make a rule about something, it's supposed to stay out of it. (Side question: If "compelling interest" is the standard, what "compelling interest" does the State have in marriage if it is redefined to eliminate (by including other than) the core family -- husband, wife, child?)
2 Seriously, "unwanted child" was the term used by the pro-abortion side in pamphlets distributed to encourage the repeal of abortion laws.
3 Sarah Weddington was the pro-abortion side lawyer (and they liked the term "pro-abortion" back then), and she actually argued that the woman gets to decide if a fetus is a person or not.
5 comments:
In other discussions on the subject, "person" was a matter of philosophy. Somehow, the philosophers' questioning of when one is a person holds weight for the desperate defenders of abortion who cannot resolve the issue of killing an innocent human being without denying it it's humanity. So within your list of "Science, medicine, biology, morality, philosophy, law, and logic", it really is philosophy that will still dare pretend there is some ambiguous point or criteria by which "personhood" is defined.
Philosophy and even some theology debates when "ensoulment" occurs, but all still agree that a human being is a person and that a fetus is a human being. A human being deserving the protection of law? Only philosophy and some outlandish theology disagree on that point. Oh, and pro-abortionists.
So, what happens when a woman who doesn't know she's pregnant gets killed, and the pregnancy is discovered in the autopsy? Is the murderer charged with one or 2 murders? We can't ask the woman if she wanted it, so she can't determine if it is a person or not. My guess would be the court would decide it is a person. Such a schizophrenic society we live in.
Oh, I'm not saying I ever bought into the philosophical arguments as the least bit reasonable. I only mention that such comes up in other discussions I've had on the subject.
David, thus the very nebulous, impossible problem.
Marshall Art, No, I didn't think you were. My point is that it's all pointless. Here's the argument of the pro-life side:
Is it a human? Yes! Science, biology, medicine ... all agree that from conception that is a human being. There is no scientific line that delineates "This is human" and "this is not" after conception. Is it a "person"? That's an argument for vague and unsolvable philosophy. But if it very well could be a "person" (because everything we know says it is), doesn't it deserve protection? Rather than, "Well, it might not be a fully human person based on unknown criteria, so let's kill it."
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