Those who are pushing for "stand your ground" and
"personhood" rights for fetuses to try to outlaw abortions don't realize it, but this path
contains within it an increased constitutional justification for abortion at any
time.
A pregnancy can certainly be seen as an assault on a pregnant woman's body, a situation in which she can take whatever measures she wishes to end the attack, including abortion. If a fetus is declared to be a person, the pregnant woman is given an extra legal position on which to stand: self-defense. There is no exception to the legal concept of self-defense when one person is being attacked by another. This is clearly a constitutional argument under the 14th Amendment's Equal Protection clause.
On top of that, wherever there are "stand your ground" laws on the books, the pregnancy woman has one more legal point in her favor if she chooses to exercise her right to an abortion.
So, if the fetus is not legally seen as a person, there is no basis in the law on which to outlaw abortions because the pregnant woman is not harming anyone. On the other hand, if the fetus is declared to be a person, a pregnant woman actually has the addition legal support of the universal tenet of self-defense that clearly allows an abortion to be performed if so desired.
A pregnancy can certainly be seen as an assault on a pregnant woman's body, a situation in which she can take whatever measures she wishes to end the attack, including abortion. If a fetus is declared to be a person, the pregnant woman is given an extra legal position on which to stand: self-defense. There is no exception to the legal concept of self-defense when one person is being attacked by another. This is clearly a constitutional argument under the 14th Amendment's Equal Protection clause.
On top of that, wherever there are "stand your ground" laws on the books, the pregnancy woman has one more legal point in her favor if she chooses to exercise her right to an abortion.
So, if the fetus is not legally seen as a person, there is no basis in the law on which to outlaw abortions because the pregnant woman is not harming anyone. On the other hand, if the fetus is declared to be a person, a pregnant woman actually has the addition legal support of the universal tenet of self-defense that clearly allows an abortion to be performed if so desired.
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