The concept of personhood has come up in debates since the U.S. Supreme Court overturned the federal right to abortion. Read to know what it means.
What is ‘Personhood’?
Personhood is the status of being a person. The definition is complicated and controversial and is intertwined with concepts of citizenship, liberty, equality, philosophy, and law.
In the monumental 1973 Roe v. Wade judgment, providing the right to abortion across the US, the U.S. Supreme Court majority found that “the word ‘person,’ as used in the Fourteenth Amendment, does not include the unborn”.
Anti-abortion advocates believe that personhood includes embryos, fetuses, and fertilized eggs. Arguing that they should be considered people with the same rights as those who are already born. Those advocating the personhood standard hope to end decrees including those carving out abortions in case of pregnancies due to incest or rape, or those fetuses with genetic abnormalities.
Why are people against it?
Opponents are calling it unconstitutional due to its wide-ranging uncertain impact. They also believe it is putting people at risk of prosecution for offenses. Currently, Alabama, Arizona, Missouri, Kansas, and Georgia have parenthood laws. In 2018, Alabama adopted a state constitutional amendment. This ensures “the protection of the rights of the unborn child”. Among them, Georgia’s law regarding the matter is very far-reaching. This is because it grants specific rights such as child support and tax breaks to unborn children. The law came to effect on July 20, following a federal appeals court session.
“Because the Personhood Provision fails to provide adequate notice of prohibited conduct and invites arbitrary and discriminatory enforcement against Plaintiffs and their patients, it is unconstitutionally vague,” stated lawyers challenging an Arizona law. However, a federal court has put the law on hold for now.
How are these laws different from an abortion ban?
People supporting personhood laws argue that abortion laws lack moral clarity. “The big difference between the personhood movement and the anti-abortion-movement is that the personhood movement holds all innocent human lives as cherished and deserving of equal protection under the law. And that includes every human life in the world,” explained Ricardo Davis. Davis is the president of Georgia Right to Life. However, the National Right to Life Committee cut ties with the organization in 2014. This is because the Georgia Right to Life is opposing bills restricting abortion but allows exceptions for rape and incest.