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Thus, firstly, rights are synonymous with citizenship.
By the fourteenth amendment, one is not a citizen until birth.
The 1st thing that needs to be understood is that nowhere in the 14th amendment does it say that fetuses are citizens; it doesn’t say they aren’t, but nonetheless. This was a decision arrived at by the SCOTUS in Roe vs. Wade, simply because it wasn’t clearly enumerated in the 14th amendment.
JUSTICE HARRY BLACKMUN: said:"The Constitution does not define "person" in so many words. Section 1 of the Fourteenth Amendment contains three references to "person." The first, in defining "citizens," speaks of "persons born or naturalized in the United States." The word also appears both in the Due Process Clause and in the Equal Protection Clause. [] But in nearly all these instances, the use of the word is such that it has application only postnatally. None indicates, with any assurance, that it has any possible pre-natal application.
That is the basis of the entire decision.
It’s hard to not make an appeal to emotion when such a heavy matter was so cavalierly handled and has had such measurable consequences. That is a stark reality.
They did however recognize that a state had the right to determine on it’s own when the interest of the “potential life” must be considered:
JUSTICE HARRY BLACKMUN: said:"The pregnant woman cannot be isolated in her privacy. She carries an embryo and, later, a fetus, if one accepts the medical definitions of the developing young in the human uterus. [] As we have intimated above, it is reasonable and appropriate for a State to decide that at some point in time another interest, that of health of the mother or that of potential human life, becomes significantly involved. The woman's privacy is no longer sole and any right of privacy she possesses must be measured accordingly.
What is potential life?
Dr. Alfred M. Bongioanni said:"I have learned from my earliest medical education that human life begins at the time of conception.... I submit that human life is present throughout this entire sequence from conception to adulthood and that any interruption at any point throughout this time constitutes a termination of human life....
I am no more prepared to say that these early stages [of development in the womb] represent an incomplete human being than I would be to say that the child prior to the dramatic effects of puberty...is not a human being. This is human life at every stage."
Dr. Jerome LeJeune said:"after fertilization has taken place a new human being has come into being." He stated that this "is no longer a matter of taste or opinion," and "not a metaphysical contention, it is plain experimental evidence." He added, "Each individual has a very neat beginning, at conception."
Professor Micheline Matthews-Roth said:It is incorrect to say that biological data cannot be decisive.... It is scientifically correct to say that an individual human life begins at conception
Dr. Landrum Shettles pioneer in sperm biology said:I oppose abortion. I do so, first, because I accept what is biologically manifest-that human life commences at the time of conception - and, second, because I believe it is wrong to take innocent human life under any circumstances. My position is scientific, pragmatic, and humanitarian
The medical health field is pretty split on exactly when life begins nowadays. I’m willing to submit gigs of opinions that life begins at conception. Therefore since scientific evidence of the day led to Roe vs. Wade; new scientific evidence about when life begins compels this issue to be re-visited.
“Physicians, biologists, and other scientists agree
that conception [they defined fertilization and
conception to be the same] marks the beginning
of the life of a human being — a being that is alive
and is a member of the human species. There is
overwhelming agreement on this point in count-
less medical, biological, and scientific writings.”
Report, Subcommittee on Separation of Powers
to Senate Judiciary Committee
S-158, 97th Congress, 1st Session 1981, p. 7
JUSTICE HARRY BLACKMUN: said:""With respect to the State's important and legitimate interest in potential life, the "compelling" point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother's womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother.
So since a fertilized egg can live wholly outside of it’s mother’s womb in a test tube, a test tube baby by their definition is viable & worthy of protection if the state sees fit. Not only fetuses conceived in test-tubes are viable outside a mother’s womb, all fetuses are viable outside their mother’s womb; it’s a scientifically proven fact.
The only question left to answer is when are we going to recognize the fetus as a viable organism unique in it’s design a wholly separate genetic organism from it’s mother as an “eventual” citizen and extend to them equal protection under the law? The potential for Individualism is an ability that we all innately have, however that isn’t to say that all will have the chance at individualism. Many could be born into a social structure where individuality is suppressed. The person born into an archaic social structure has the *potential for individualism that may never be realized: would that disqualify them from being considered life? The same holds true for the fetus. It’s potential for individualism is there, just not yet realized.